(1) Where the controller has fixed *[or refixed] the fair rent of a building - * Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.
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(a) the landlord shall not claim, receive or stipulate for the payment of (i) any premium or other like-sum in addition to such fair rent, or (ii) save as provided in section 6, anything in excess of such fair rent;
Provided that the landlord may receive, or stipulate for the payment of, an amount not exceeding one month’s rent, by way of advance;
(b) save as provided in clause (a), any premium or other like-sum or any rent paid in addition to, or in excess of, such fair rent, whether before or after the date of commencement of this Act, in consideration of the grant, continuance or renewal of the tenancy of the building after the date of such commencement, shall be refunded by the landlord to the person by whom it was paid or at the option of such person, shall be otherwise adjusted by the landlord:
*[Provided that where before the fixation or refixation of the fair rent, rent has been paid in excess thereof, the refund or adjustment shall be limited to the amount paid in excess for the period commencing on the date of the application by the tenant or landlord under sub-section (1) of section 5 or sub-section (3) of section 6, as the case may be, and ending with the date of such fixation or refixation].
(2) Where the fair rent of a building has not been so fixed ---
(a) the landlord shall not claim, receive or stipulate for the payment of, any premium or other like-sum in addition to the agreed rent:
Provided that the landlord may receive, or stipulate for the payment of, an amount not exceeding one month’s rent, by way of advance;
(b) save as provided in clause (a), any sum paid in excess of the agreed rent, whether before or after the date of the commencement of this Act, in consideration of the grant, continuance or renewal of the tenancy of the building after the date of such commencement, shall be refunded by the landlord to the person by whom it was paid or, at the option of such person, shall be otherwise adjusted by the landlord.
(3) Any stipulation in contravention of sub-section (1) or sub-section (2) shall be null and void.
*[Landlord liable to give receipt for rent or advance