section 4
Determination of fair rent
The East Punjab Urban Rent Restriction Act, 1949Civil194922 sections
Statutory text
- (1) The Controller shall on application by the tenant or landlord of a building or rented land fix the fair rent for such building or rented land after holding such inquiry as the Controller thinks fit.
- (2) In determining the fair rent under this section, the Controller shall first fix a basic rent taking into consideration—
- (a) the prevailing rates of rent in the locality for the same or similar accommodation in similar circumstances during the twelve months prior to the 1st January, 1939; and
- (b) the rental value of such building or rented land if entered in property tax assessment register of the municipal, town or notified area committee, cantonment board, as the case may be, relating to the period mentioned in clause
- (a) ; [ Provided that, notwithstanding anything contained in sub-sections (3),
- (4) and (5), the fair rent for any building in the urban area of Simla shall not exceed the basic rent].
- (3) In fixing the fair rent of a residential building the Controller may allow, if the basic rent—
- (i) in the case of a building in existence before the 1st January, 1939—
- (a) does not exceed Rs 25 per mensem, an increase not exceeding 8 1/3 per cent on basic rent ;
- (b) exceeds Rs 25 per mensem but does not exceed Rs 50 per mensem, an inrease not exceeding 12 1/2 per cent on such basic rent ;
- (c) exceeds Rs 50 per mensem, an increase not exceeding 25 per cent on such basic rent ;
- (ii) in the case of a building constructed on or after the 1st January, 1939—
- (a) does not exceed Rs 25 per mensem, an increase not exceeding 25 per cent on such basic rent ;
- (b) exceeds Rs 25 but does not exceed Rs 50 per mensem, an increase not exceeding 37 1/2 per cent on such basic rent ;
- (c) exceeds Rs 50 per mensem, an increase not exceeding 50 per cent on such basic rent.
- (4) In fixing the fair rent of a scheduled building the Controllor may allow, if the basic rent—
- (i) in the case of a building in existence before the 1st January, 1939—
- (a) does not exceed Rs 25 per mensem, an increase not exceeding 13½ per cent on such basic rent ;
- (b) exceeds Rs. 25 but does not exceed Rs. 50 per mensem, an increase not exceeding 17½ per cent on such basic rent ;
- (c) exceeds Rs. 50 per mensem, an increase not exceeding 30 per cent on such basic rent ;
- (ii) in the case of a building constructed on or after the 1st January, 1939—
- (a) does not exceed Rs. 25 per mensem, an increase not exceeding 30 per cent on such basic rent ;
- (b) exceeds Rs. 25 but does not exceed Rs. 50 per mensem, an increase not exceeding 42½ per cent on such basic rent ;
- (c) exceeds Rs. 50 per mensem, an increase not exceeding 55 per cent on such basic rent.
- (5) In fixing the fair rent of a non-residential building or rented land the Controller may allow, if the basic rent—
- (i) in the case of a building in existence before the 1st January, 1939, or in the case of rented land—
- (a) does not exceed Rs. 50 per mensem, an increase not exceeding 37½ per cent on such basic rent ;
- (b) exceeds Rs. 50 per mensem, an increase not exceeding 50 per cent on such basic rent ;
- (ii) in the case of a building constructed after the 1st January, 1939—
- (a) does not exceed Rs. 50 per mensem, an increase not exceeding 50 per cent on such basic rent ;
- (b) exceeds Rs. 50 per mensem, an increase not exceeding Rs. 100 per cent on such basic rent.
- (6) Nothing in this section shall be deemed to entitle the Controller to fix the fair rent of a building or rented land at an amount less than the rent payable for such building or rented land under a subsisting lease entered into before the first day of January, 1939.
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