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Bengal Presidency - Section

Section 7 in The Bengal Rent Settlement Act, 1879

7. Rules for determining rent recorded as demandable.

- The rent recorded as demandable from an under-tenant shall be determined in accordance with the following rules :-
(a)Whenever the Settlement-officer shall find any person holding as an under-tenant, he shall first ascertain and record whether the tenure so held is binding as against [the Government] [Words 'the Crown' first substituted for the words 'the Government' by Government of India (Adaptation of Indian Laws) Order, 1937. Thereafter the word 'Government' substituted for the word 'Crown' by Adaptation of Laws, Order, 1950.].
(b)If the Settlement-officer finds the tenure to be so binding, the rent recorded as demandable from such under-tenant shall in no case be higher than an amount which shall be ten per cent, below the aggregate of the rents recorded as payable to him from the subordinate under-tenants and raiyats and whose holdings fall within his tenure.
(c)If the Settlement-officer shall find that the tenure is not binding, as against [the Government] [Words 'the Crown' first substituted for the words 'the Government' by Government of India (Adaptation of Indian Laws) Order, 1937. Thereafter the word 'Government' substituted for the word 'Crown' by Adaptation of Laws, Order, 1950.], he shall first determine the proportionate amount of the demand of land-revenue to be assessed upon the lands included in the tenure in accordance with any orders [of the State Government] [Words 'of the Provincial Government: first subject for the words 'of the Lieutenant Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937 and then the word 'State' Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] for the time being in force regulating, the demand of land-revenue, and shall record the rent payable by such under-tenant at such a sum (not being less than such proportionate amount of land-revenue or more than aggregate of the rents recorded as payable to him from the subordinate under-tenants and raiyats whose holdings fall within his tenure) as may seem fair and equitable with reference to the character and circumstances of the tenure.