State Act

Rajasthan Tenancy Act, 1955

104. Maximum rate of rent in kind— (1) Notwithstanding any contract, custom, usage or practice to the contrary, where rents are payable in kind the maximum recoverable from a tenant by land holder shall not exceed one-sixth of the gross produce hereof for each harvest: Provided that the State Government may from time to time by notification in the Official Gazette determine the excess over the maximum rent in kind prescribed under this section payable as rent by a sub-tenant to any of the persons mentioned in clauses (a). (b). (c). (d). (e) and (11) of sub-section ( I ) of section 46. Explanation— The expression 'gross produce' in thiS sub-section does not include the straw. chaff (bhusa) or the dry stalks of crop or grass or any other natural produce like pala, loong or papdi (2) Nothing in sub-section (1) shall- (a) operate to effect an increase' in the amount or proportion as the case may be. payable by a tenant as rent agreed upon under section 94 or fixed under section 115. or (b) affect any such rent (locally called bighori) at a customary rate payable in respect of any crop such as cotton, fodder, zeera, dhania, tobacco, linseed and the like. or (c) bar the right of a tenant to abetment or of a landholder to enhancement, or rent in accordance with the provisions of the Rajasthan Minor Irrigation and Drainage Works Act. 1953 ,Rajasthan Act XII of 1953). or (d) affect the payable of any fee, rate of charge levied under any law, other than this Act for the time being in force.