9. Tenure-holder when not liable to enhancement of rent - No tenure-holder who holds his tenure (otherwise than under a terminable lease) at a fixed rent which has not been changed from the time of the Permanent Settlement shall be liable to any enhancement of such rent, anything in the Bengal Decennial Settlement Regulation, 1793 (VIII of 1793) Section 51 or in any other law, to the contrary notwithstanding.
[9A. Enhancement of rent of tenure-holder or village headman. - (1) Where the rent of a tenure-holder or village headman is liable to enhancement during the continuance of his tenancy, such enhancement shall be made only by an order of the Deputy Commissioner passed upon an application made to him, or by an order of Revenue Officer passed under Chapter XII or Chapter XV.(2)An enhancement, progressive or otherwise, may subject to any valid contract between the parties, be ordered up to the limit of the customary rate payable by person holding similar tenancies in the vicinity, or when no such customary rate exists up to such limits as is fair and equitable. In determining what is a fair and equitable rent, regard shall be had to the origin and history of the tenancy.(3)When the rent of a tenure-holder or village headman has been enhanced, it shall not again be enhanced for a period of fifteen years except by an order of a Revenue Officer passed under Chapter XII or Chapter XV.(4)Nothing in this Section shall apply to a temporary tenure-holder, or a tenure-holder the rent of whose tenure is subject to variation in accordance with principles expressed in the contract whereby the tenure was created.]
