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Bengal Presidency - Section

Section 6 in The Bengal Rent Settlement Act, 1879

6. Grounds of enhancement.

- The Settlement-officer may, on some one or other of the following grounds and not otherwise, record a higher rent as demandable for any raiyat having a right of occupancy than the rent which was previously paid by him, namely :-
(i)that the higher rent so recorded is calculated on rates which are not above the prevailing rates payable by the same class of raiyats for land of a similar description and with similar advantages in the surrounding neighbourhood;
(ii)that the enhancement is not greater than is justified by the increase which has taken place in the productive powers of the land otherwise than by the agency, or at the expense, of the raiyat since the rent of the raiyat was last fixed;
(iii)that the value of the produce of the land has been increased otherwise than by the agency, or at the expense, of the raiyat since the rent of the raiyat was last fixed; and that such higher rent does not bear a higher proportion to the rent of such raiyat as last fixed than the normal price or produce at or about the time of the present settlement bears to the normal price of similar produce which prevailed at or about the time when such rent was last fixed;
(iv)that the value of the produce of the land has been increased otherwise than by the agency, or at the expense, of the raiyat since the last previous settlement of the lands was made; and that such higher rent does not bear a higher proportion to that which would have been the rent of lands of a similar description and the same area according to the normal price of produce at or about the time of the present settlement bears to the normal price of similar produce which prevailed at or about the time of such previous settlement, as recorded in the papers of such settlement, or as otherwise ascertained and certified by the Settlement-officer;
(v)that the quantity of land held by the raiyat has been proved by measurement to be greater than the quantity for which rent has been previously paid by him.