(1) The rates proposed by the Rent-rate Officer for hereditary tenants shall be such as will result in rents payable without hardship over a series of years by cultivating hereditary tenants with substantial holdings and shall be based on genuine and stable rents paid by such tenants.
(2) In considering whether the genuine and stable rents paid by such tenants are payable without hardship over a series of years, the Rent-rate Officer shall have regard to, and compare, -
(a) the level of rents paid by tenants who held, or were admitted to land, at different times, and in particular the level of rents agreed to by tenants who were admitted to holdings in or between the years 1309 Fasli, and 1313 Fasii;
(b) the prices of agricultural produce prevailing at such times;
(c) changes in the crops grown and in the amount of the produce;
(d) the value of the produce with a view to seeing that the valuation of the holdings of hereditary tenants at the proposed rates does not exceed one-fifth of such value;
(e) the expenses of cultivation, and the cost to the cultivator of maintaining himself and his family.
(3) In proposing rates for occupancy tenants in Agra the Rent-rate Officer shall have regard to the rates which he has proposed for hereditary tenants, and also to the rent actually paid by occupancy tenants, distinguishing between holdings of old and of recent standing. In Oudh the rates proposed for occupancy tenants shall be two annas in the rupee less than the corresponding rates for hereditary tenants.
(4) The Rent-rate Officer shall also record for each village whether the rates proposed by him are applicable without modification or the extent to which they require modification U.P. Tenancy Act, 1939 37 either for the village as a whole or for a specified area or class of soil therein, and in their application to such village, area, or class the rates shall be deemed to be modified accordingly.
(2) In considering whether the genuine and stable rents paid by such tenants are payable without hardship over a series of years, the Rent-rate Officer shall have regard to, and compare, -
(a) the level of rents paid by tenants who held, or were admitted to land, at different times, and in particular the level of rents agreed to by tenants who were admitted to holdings in or between the years 1309 Fasli, and 1313 Fasii;
(b) the prices of agricultural produce prevailing at such times;
(c) changes in the crops grown and in the amount of the produce;
(d) the value of the produce with a view to seeing that the valuation of the holdings of hereditary tenants at the proposed rates does not exceed one-fifth of such value;
(e) the expenses of cultivation, and the cost to the cultivator of maintaining himself and his family.
(3) In proposing rates for occupancy tenants in Agra the Rent-rate Officer shall have regard to the rates which he has proposed for hereditary tenants, and also to the rent actually paid by occupancy tenants, distinguishing between holdings of old and of recent standing. In Oudh the rates proposed for occupancy tenants shall be two annas in the rupee less than the corresponding rates for hereditary tenants.
(4) The Rent-rate Officer shall also record for each village whether the rates proposed by him are applicable without modification or the extent to which they require modification U.P. Tenancy Act, 1939 37 either for the village as a whole or for a specified area or class of soil therein, and in their application to such village, area, or class the rates shall be deemed to be modified accordingly.
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