(1) The Controller shall, on application by the tenant or landlord of a building fix the fair rent for such building after holding such inquiry as the Controller thinks fit.
(2) In fixing the fair rent under this section the Controller shall have due regard-
(a) to the prevailing rates of rent in the locality for the same or similar accommodation in similar circumstances during the twelve months prior to the 5th April 1944;
(b) to the rental value as entered in the property tax assessment book of the concerned local authority relating to the period mentioned in clause (a);
(c) to the circumstances of the case, including any amount paid by the tenant by way of premium or any other like sum in addition to rent after the 5th April 1944;
(3) In fixing the fair rent of residential buildings, the Controller may allow-
(i) if the rate of rent or rental value referred to in subsection (2) does not exceed twenty-five rupees per mensem, an increase not exceeding 12½ per cent on such rate or rental value;
(ii) if the rate of rent or rental value exceeds twentyfive rupees per mensem but does not exceed fifty rupees per mensem, an increase not exceeding 18 ¾ per cent on such rate or rental value;
Determination of fair rent.
10 [Act No.XV of 1960]
(iii) if the rate of rent or rental value exceeds fifty rupees per mensem, an increase not exceeding 37½ per cent on such rate or rental value:
Provided that in the case of a residential building which has been constructed after the 5th April 1944, the percentage of increase shall not exceed 37½, 56¼ and 75 respectively.
(4) In fixing the fair rent of non-residential building, the Controller may allow-
(i) if the rate of rent or rental value referred to in subsection (2) does not exceed fifty rupees per mensem an increase not exceeding 56 ¼ per cent on such rate or rental value;
(ii) if the rate of rent or rental value exceeds fifty rupees per mensem, an increase not exceeding 75 per cent on such rate or rental value:
Provided that in the case of a non-residential building which has been constructed after the 5th Aprll 1944, the percentage of increase shall not exceed 75 and 150 respectively.
(5) In the case of a building for which the fair rent has been fixed before the commencement of this Act, the Controller shall, on the application of the landlord, allow such increase in the fair rent as in the opinion of the Controller the landlord is entitled to under this section.