5. Determination of fair and equitable rent under Section 5.
- In determining the ground rent payable by a proprietor or tenure-holder under the proviso to sub-section (i) of Section 5 for homesteads which are used by such proprietor or tenure holder for the purpose of letting out on rent, the Collector shall have regard to the average rent payable by occupancy raiyats as rent in respect of homesteads of a similar description and with similar advantages in the vicinity or, where no such homestead exists, to the average rent payable by occupancy raiyats in respect of the land of similar description and with similar advantages in the vicinity.[Explanation. - The expression 'average rent' shall mean the average of ground-rents which were paid during the previous agricultural year for homestead lands of a similar description and with similar advantages in the vicinity or, where no such homestead lands exist, the average of money-rent which were paid by occupancy raiyats during the previous agricultural year for lands of a similar description and with similar advantages in the vicinity.] [Added by Notification No. 3565 L.R. dated the 24th August 1953, published in Bihar Gazette, Extraordinary, of the 10th September, 1953.]
