(1) The Controller shall, on application made to him either by the landlord or by the tenant in the prescribed manner, fix the fair rent in respect of any permises in accordance with the provisions of this Act.
(2) The fair rent for a year in respect of any premises constructed and let out after the year 1984, shall be fixed on the basis of ten per cent of cost of construction of the premises and the market value of the land at the time of commencement of the construction.
338 The West Bengal Premises Tenancy Act, 1997.
XXXVII of 1997.]
(Chapter VI.—Provision regarding rent.—Section 18.)
West Ben.
Act XII of
1956.
Explanation.— The cost of construction of a premises shall include the cost of water supply and sanitary and electric installation and shall be determined with due regard to the rates adopted for the purpose of estimate by the Public Works Department of the State Government for the area concerned. The Controller may allow or disallow the variation of estimates up to ten per cent, having regard to the nature of the premises:
Provided that while calculating the market value of the site on which the premises was constructed, the Controller shall take into account only the portion of the site on which the premises was constructed and sixty per cent of the portion of the vacant land, if any, appurtenant to such premises, the excess portion of the vacant land being treated as amenity,
(3) Where a tenancy subsists for twenty years or more in respect of the premises constructed in or before the year 1984, the fair rent shall be determined by adding to the rent as on 1.7.1976 not more than three times, and then deducting the increase if any, in the manner provided in Schedule II, or by accepting the existing rent if such rent is more than the increased rent determined according to that Schedule.
(4) Where a tenancy subsists for ten years or more but less than twenty years in respect of the premises constructed in or before the year 1984, the fair rent shall be determined by adding to the rent as on
1.7.1986 not more than two times, and then deducting the increase if any, in the manner provided in Schedule III, or by accepting the existing rent if such rent is more than the increased rent determined according to that Schedule.
(5) Where at the commencement of this Act, any proceeding is pending for fixation of the fair rent of such premises under the West Bengal Premises Tenancy Act, 1956, the rent fixed under the said .proceeding shall be the fair rent under this Act.
(6) Where none of the foregoing provisions of this section apply to any premises, the fair rent shall be such 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.
18. The fair rent initially fixed shall be automatically increased by Revision of five per cent every three years: fair rent.
Provided that the State Government may issue notification varying such rate of increase every four years from the date of commencement of this Act.
339 When fair rent fixed by the Controller takes effect.
Notice of • increase of rent.
Deposit of rent by tenant.
The West Bengal Premises Tenancy Act, 1997.
[West Ben. Act (Chapter VI.—Provision regarding rent.—Sections 19-21.)
19. When in fixing the fair rent or revising the fair rent, the rent which was being paid at the time of application is—
(a) decreased by the Controller, the rent so fixed shall be payable from the month of tenancy next after the date of application, and the excess amount paid, if any, shall be recoverable by instalment or otherwise as the Controller may, be order, direct;
(b) increased by the Controller, the rent so fixed shall be payable from the month of tenancy next after the date of application, and the additional amount payable on account of the increase up to and including the month of tenancy immediately preceding the month in which the order is passed, shall be recoverable by the landlord by such instalments or otherwise as the Controller may, by order, direct.
20. Where a landlord intends to increase the rent of any premises, he shall give to the tenant the notice of his intention so to do in so far as such increase is permissible under this Act; the increase of rent shall be due and recoverable from the month or period of tenancy next after the expiry of thirty days from the date on which the notice is given.