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[Cites 0, Cited by 0] [Section 61] [Entire Act]

Chota Nagpur Division - Subsection

Section 61(4) in Chota Nagpur Tenancy Act, 1908

(4)In making the determination, the said officer shall have regard to-
(a)the average money-rent payable by tenants for land of a similar description and with similar advantages in the vicinity;
(b)the average net value of rent actually received by landlord during the preceding ten years, or during any shorter period for which evidence may be available;
[Provided that in dealing with applications pending on the date on which the Chota Nagpur Tenancy (Amendment) Act, 1946 (Bihar Act 15 of 1946), comes into force or applications which may be made on and from that date and until such period as may be fixed by notification in this behalf by the [State] Government, the officer shall in making the determination have regard to the average value of the rent actually received by the landlord during the five year before the first day of Asin, 1947 Fasli or for any shorter period before the said date for which evidence may be available;]
(c)the special circumstances (if any) which gave rise to the assessment of the rent payable by the tenant at the date of the application;
(d)the charges incurred by the landlord in respect of irrigation under the system of rent in kind, and the arrangements made on commutation for continuing those charges; and
(e)improvements effected by the landlord or the tenant in respect of the [tenancy],
and shall proceed in the prescribed manner.