- [(1) Where for any land in his holding a ryot pays rent in kind or on the-estimated value of a portion of the crop, or at rates varying with the crop, whether in cash or in kind, or partly in one of these ways and partly in another, or partly in one or more of these ways and partly in cash, either the ryot or the landholder may apply to the Collector to have the rent on the holding commuted to a definite money rent.(2)On such application, the Collector shall pass an order declaring the sum to be paid as money rent in lieu of rent in kind or otherwise. The commutation shall take from the beginning of the revenue year next after the date of such order.] [Substituted for the original sub-sections (1) and (2) by section 28(i) of the Madras Estates Land (Amendment Act, 1934 (Madras Act VIII of 1934).](3)In making the determination, the Collector shall have due regard to each of the following consideration: -(a)the average value of the rent actually accrued due to the landholder [during the ten years preceding the date o application] [Substituted for the words 'during the preceding ten years' by section 28(i) by the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).] other than the years which the State Government may notify to be or to have been famine years in respect of any local area or, if the value for such period cannot be ascertained during any shorter period for which evidence may be available excluding famine years;(b)the money rent payable by [ryots] [Substituted for 'occupancy ryot' by the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).] for land of a similar' description and with similar advantages in the same village o neighbouring villages [or where there are none such, in the village of a neighbouring taluk] [Inserted by the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).]; and(c)improvements effected by the landholder or the ryot in respect o: the holding, and the rules laid down in section 32.
