8. Cases in which fair rent shall be fixed by the Controller.

(1) In any of the following cases, the Controller shall, on application by any landlord or tenant, 1 [fix the fair rent as set forth hereunder which shall be revised after every three years if and when request is made.] (a) Where the provisions of Schedule A apply and there is no cause for the alteration of the rate of fair rent as determined according to the Schedule for any of the reasons mentioned in the following clauses, in accordance with the provisions if Schedule A'. (b) Where during the currency of a fair rent payable for any house or shop there has been an increase in the municipal taxes, rates or cusses in respect of the house or shop, by adding to it the amount of such increase as is payable by the landlord by agreement with the tenant over and above what is payable by the landlord himself under the local municipal law. (c) Where during the currency of a fair rent payable for any house or shop the landlord has made some addition, alteration or improvement in the house or shop, not being tenantable repairs necessary or useful for such house or shop, by adding to such fair rent payable in one year ten per centum of the amount reasonably spent by the landlord in making the said addition, alteration or improvement, the added amount being divided amongst installments for payment of rent of the year as would be just and convenient: Provided that when the house or shop is in occupation of a tenant at the time of the said addition, alteration or improvement, the additional rent shall not be recoverable from such tenant, unless such addition, alteration or improvement has been made at the written request of the tenant. (d) Where during the currency of fair rent the landlord has supplied any furniture for use of the tenant in the house or shop by adding to such fair rent payable in one year ten per centum of the price of the said furniture as on the day they are supplied, the added amount being amount being divided amongst installments for payment of rent of the year as would be just and convenient. (e) Excepting the case covered by clause (f) following where the provisions of Schedule ‘A' for determining the fair rent do not apply, either because the house or shop or the whole of the house or shop was not let during the twelve months prior to 1st Baisakh, 1998, or for some other reasons, or where any house or shop has been let rent free or at a normal rent, or for some consideration other than money rent or in addition to money rent, by fixing the fair rent at a rate in accordance with Schedule A, taking the rent which would have been reasonably payable for the house or shop if let as "basic rent" under the said Schedule. (f) Where any house or shop has been wholly or substantially constructed after the last day of Chat, 2005, by fixing the fair rent payable for one year at a rate not less than four per centum and not more than six per centum of the reasonable costs of construction added to the reasonable price of the land included in the house or shop as on the date of the commencement of such construction taking into account the prevailing rate of rent in the locality for similar accommodation with similar advantages and amenities and the comparative advantages or disadvantages of accommodation in the house or shop: Provided that where the house or shop in respect of which fair rent is to be fixed form a part of the construction the fair rent shall be fixed at a rate which is fairly proportionate to the total fair rent of the entire construction. (g) Where no provisions of this Act for fixing fair rent apply to any premises, by determining the fair rent at a rate which is fair and reasonable. (h) Where there is any dispute between the landlord and the tenant regarding the amount of rent.] (2) If, in fixing the fair rent, the Controller is required by this Act to determine the rent at which the premises were let during the twelve months prior to 1st Baisakh, 1998, but it is not reasonably practicable to obtain sufficient evidence for determining the said rent, he shall determine approximately the rent, at which in reasonable probability the house or shop was let on the date and the rent so determined shall be deemed to be the rent at which the premises were let during twelve months prior to 1st Baisakh, 1998, and for the said purpose he may have regard to the fair rents of similar houses or shops in the neighborhood, and may make presumptions either against the landlord or the tenant who, in his opinion, is in a position to produce relevant evidence but is refraining from doing it.