(1) Where a landlord wishes 'o revise the Kill of ;mv nicnusc under sub-section (I) of section c>, he shall give (he tenant n notkc of his inlcn thm to make the revision nnd, in so f n" as <TJC1I revision i. 1 iwful under this Act, it shall be due and recoverable from the date of improvement, addition or structural alteration,
(2) Fvcry notice under sub section ft) 'hnil l~c in ^liimc sJ-tifd bv or on behalf o[ tlic landlord nnd ^'ven in the uumin molded in •".tin--. 106 of the Tiansfer of Piopertv Act, 1RR2.
11. CD Tile Rentt Author itv slu'l, on nn application made to him in this behalf, in the prescribed rmnno-i fix in re--prct or nny piemisc; ~ (;) iihc deemed rent for the purpov <>frl Misf i>) of sub- cdnn (1) of section 3;
(ii) the enhancement in rent in the manner provided in Schedi'le T- (Hi) the standard rent a^ per t l r provisions of section 7;
(iv) the other clnrt»er payable n- "?r the p rovr i ' ^ ' of " - t i n .°- .-nd
(v) the revision in rent PS per thp provisions of sec'ion 9:
4 of 1882 Sic. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9
Provided that it shall not be permissible for the landlord to apply for •the fixation of standard rent as per the provisions of section 7 in the case of a tenancy entered into after the commencement of this Act.
(2) In wcrJting out the cost of construction of any premises or the market price of land comprised in such premises for the purposes of section 7 or the expenditure incurred ior any improvement, addition or structural alteration or the decrease, diminution or deterioration of accommodation in a premises for the purpose of section 9, the Rent Authority may take the assistance of a prescribed valuer who shall carry out the assessment in the manner prescribed.
(3} In fixing the standard rent of any premises or the lawful increase or decrease of the rent or determining the other charges payable, the Rent Au 1 horny shall fix or determine an amount which appears to him to be re^onRWe having regard to the provisions of section 7 or section 9 or section 8 and the other circumstances of the case.
(4) In fixing the standard rent of any premises part of which has been lawfully sub-let, lihe Rent Authority may also fix the standard rent of such part sub-let
(5) Where for any reason it is not possible to determine the standard rent of any premises on the principles set forth in section 7, the Rent Authority may fix such rent; as would be reasonable having regard to the situation, locality and condition of the premises and the amenities provided therein, and where there are similar or nearly similar premises in the locality, having regard also to the rent payable in respect of such premises.
(6) The standard rent shall in all cases be fixed for a tenancy of twelve months:
Provided that where any premises are let or re-let for a period of less taan twelve months, the < standard rent for such tenancy shall bear the same proportion to the annual rent as the period of tenancy bears to twelve months.
(7) Tn fixin/r the stindard rent of any premises under this section, the Rent Authority shall fix the standard rent thereof in an unfurnished state and may also determine an additional charge to be payable on account of any fittings or furniture supplied by the landlord and it shall be lawful for the landlord to recover such additional charge from the tenant.
(#) In fixing the standard rent or lawful increase or decrease of rent or dewmnining the other charges payable in respect of any premises under thte section. th>.* Rent Authority shall specify a date from which the amount sfl( fixed shall be deemed to have effect:
Provided that, in the matter of standard rent, in no case the date so specified shall be earlier than the date of the filing of the application for the increase or decrease of the standard rent:
Provided further that if the increase is because of improvement, addition or structural alteration, it shall come into effect from the date of completion of such improvement, addition or alteration.
(P) The Rent Authority may, while fixing standard rent or lawful increase or dedreaso in rent or other charges payable, order for payment of the arrears of amount due by the tenant to the landlord in such number of instalments as it deems proper.
131 G of 1—2.
10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Fixation of interim rent_ Limitation, tor application for fixation of standard rent, etc Limitation Of liability of middlemen.
Receipt to be given for rent paid.
12. If an application for fixing the standard rent or for determining the lawful increase or decrease of rent or other charges payable is made under section 11, the Rent Authority shall, as expeditiously as possible, make an (order specifying the amount to be paid pending final decision on the application and shall appoint the date from which the amount so specified shall be deemed to have effect.
13. A tenant may file an application to the Rent Authority for fixing the standard rent of the premises and a landlord or a tenant may file application for determining the lawful increase or decrease of rent or other charges payable,—
(a) in the case of any premises which was let and in which the cause of action for lawful increase or decrease of rent or payment of other charges arose, before the commencement of this Act, within two years from such commencement;
(6) in the case of any premises which was let after the commencement of this Act,— (0 for fixing the standard rent thereof, within two years from the date on which the premises was let;
(H) in any other case, within two years from the date on which cause of action arose:
Provided that the Rent Authority may entertain the application after thel expiry of the said period of two years, if he is satisfied that the applicant wasprevented by sufficient cause from filing the application in time.
14. No collector of rent or middleman shall be liable to pay to his principal, in respect of any premises, any sum by way of rental and other charges which exceeds the amount which he is entitled under this Act to realise from the tenant or tenants of the premises.