(1) The fair rent in respect of any land may be paid either in cash or in kind or partly in cash and partly in kind, in accordance with terms of the contract between the landowner and the cultivating tenant; in the absence of such a contract, the fair rent may be paid at the option of the cultivating tenant in any one of the above ways:
Provided that the option shall be exercised in the case of a tenancy in force on the date of commencement of this Act, within three months from such commencement and in any other case within three months from the date on which the tenancy agreement takes effect; and if the cultivating tenant does not exercise the option, within the period aforesaid, the landowner shall, by notice in writing given to the cultivating tenant, specify the mode in which the fair rent shall be paid by the cultivating tenant:
Provided further that the option once exercised or the mode once specified shall not be changed except by mutual agreement:
Provided further that where the crop raised is paddy, the landowner shall have the right to insist that the rent shall be paid in kind.
(2) Whenever adverse seasonal conditions result in the reduction of the gross produce from any particular crop and there is remission of land revenue, the landowner shall be bound to remit a proportionate part of the fair rent due to him from his cultivating tenant in respect of that land for that period:
Provided that before admitting or inquiring into an application made by a cultivating tenant for remission of fair rent under this section, the Rent Court may impose such conditions as it considers reasonable in the circumstances of the case including condition as to deposit of admitted rent which has become due.
Alteration or revision of fair rent
7. Where in respect of any land fair rent has been determined under this Act, it shall continue in force for five years:
Provided that the Rent Court, may, on an application made by the cultivating tenant, reduce the fair rent if it is satisfied that on account of deterioration of the land by floods or other causes beyond the control of the cultivating tenant, the land has been wholly or partially rendered unfit for the purposes of cultivation:
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Provided further that the Rent Court may, on an application made by the landowner, enhance the fair rent if it is satisfied that on account of any improvements made in the land by or at the expense of the landowner, the produce of the land has increased.
Sharing of produce
8. Where the produce to be shared is grain, the sharing shall be done at the threshing floor on which the threshing took place; and no portion of the produce shall be removed therefrom at such time or in such manner as to prevent the due division thereof at the proper time.
Constitution of Rent Courts and Rent Tribunals