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Section 12: Rent Tribunal to determine fair rent

The Goa, Daman and Diu Buildings ( Lease, Rent and Eviction) Control Act, 1968Union territory Act of Dadra and Nagar Haveli and Daman and Diu · Act 2 of 1969

(1) The Rent Tribunal shall, on application by the landlord or the tenant of a building, fix the fair rent payable per annum for such building after holding such inquiry as may be prescribed.

(2) The fair rent payable per annum shall consist of—

(a) 6 “twelve per cent” of the market value of the building (including the land on which the building is constructed) as on7 “..” the date of the completion of the building, 8“…”and 9“Provided that the fair rent once fixed shall automatically stand increased by 2% per annum”.

(b) fifty per cent. of the taxes or cesses levied by the local authority and payable per annum by the landlord in respect of the building including the land on which the building is constructed.

**13. Increase in fair rent in what cases admissible.— (1) When the fair rent of a building has been fixed under this Act, no further increase in such fair rent shall be permissible except in cases where some addition, improvement or alteration has been 6 In place of word seven and half percent the word twelve percent substituted by Amendment Act 8 of 1994, published in the Official Gazette, Series I No. 5 dated 5-5-1994 and came into force at once.

7 The words “the 1st day of January, 1965, or” were omitted vide Amendment Act No.17 of 2003, published in the Official Gazette, Series I No.10 dated 9th June, 2003.

8 The words “whichever is later” were omitted vide Amendment Act No. 17 of 2003, published in the Official Gazette, Series I No.10 dated 9th June 2003.

9 Proviso is substituted by Amendment Act No. 17 of 2003, published in the Official Gazette, Series I No.10 dated 9th June,

2003. Orignal proviso read as follows : “Provided that where the building has been let out for the first time previous to the 1st day of January, 1965, the fair rent shall not exceed the rent payable in respect of such building on that date.” Manual of Goa Laws (Vol. I) – 495 – Buildings (Lease, Rent and Eviction) Control Act carried out at the landlord’s expense and, if the building is then in the occupation of a tenant at his request:

Provided that the increase shall be calculated at a rate per annum not exceeding 10[twelve per cent] of the cost of such addition, improvement or alteration.

(2) Any dispute between the landlord and the tenant in regard to any increase claimed under sub-section (1) shall be decided by the Rent Tribunal.

(3) Where, after the fair rent of a building has been fixed under this Act, there is a decrease or diminution in the accommodation or amenities provided, the tenant may claim a reduction in the fair rent as so fixed.

(4) Any dispute between the landlord and the tenant in regard to any reduction so claimed shall be decided by the Rent Tribunal.

Where this provision sits

ActThe Goa, Daman and Diu Buildings ( Lease, Rent and Eviction) Control Act, 1968
Section12
Marginal noteRent Tribunal to determine fair rent
JurisdictionUnion territory of Dadra and Nagar Haveli and Daman and Diu
StatusIn force as published by the source

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