Amendment status not verified — confirm the current text below against the official source.
(1) Standard Rent, in relation to any building, means the rent calculated on the basis of live per cent per annum of the aggregate amount of the cost of construction and the market price ol the land comprised in the building in the year of construction. Provided that due allowance shall be made on the cost of construction and price ol land based on the cost index as per provisions of Section 45 of lncome Tax Act, 1961 (43 of 1961). Provide however, that the rent shall always be fixed on monthly basis. (2) For the purpose of this section - (a) the cost of construction shall be the actual amount spent on construction, and in case such amount cannot be ascertained, such cost shall be determined as per the standard scheduled rates of the Road Construction Department and Buildings Co nstructio n Department ol the State Government with reference to cost of similar construction for the year in which the building was constructed. (b) The market price of the land shall be the price for which the land was bought as gathered from the registered sale deed or the market value of the land notified by the Registration Departmenu Deputy Commissioner/ Land i/anagement Department ol the Government lor the year in which construction was made, whichever is high. Enhancement ol rent of building. Standard Rent. Other charges 10 payable. Enhancement 11 of standard rent. Controller to fix standard rent. 40 (c) The land shall be the total land comprising the building and such of the vacant land up to lifty per cent of the plinth area as is appurtenant thereto. (d) Notwithstanding anything contained in clause (a), (b) and (c) the cost of construction and the market price of the land comprised in the building purchased from or allotted by the Government ot Arunachal Pradesh or a Nagar Panchayat, l\,4 u n icipality or lvlunicipal corporation shall be the aggregate amount paid or payable to the Government of Arunachal Pradesh or a Nagar Panchayat, a Municipality or [4unicipal corporation, as the case may be : ('1) A tenant shall be liable to pay to the landlord, besides the rent. the following charges, namely:- (a) charges, not exceeding fifteen per cent of the rent for the amenities; or as agreed to by the landlord and the tenant; (b) maintenance charges not exceeding ten per cent ol the rent, or as agreed to by the landlord and the tenant; and (c) without prejudice to the liability of landlord, one-twelfth of yearly property tax in relation to the building payable to the Municipality or the municipal corporation or as the case may be. (2) The tenant is responsible lor payment of electricity and water charges payable for the building. The Standard Rent fixed tor any building shall be enhanced every year at seventyjive per cent of annual inflation rate based on wholesale price index in the case of residential buildings and one hundred percent ol such rate ln the case of non+esidential buildings. (1) The Controller shall, on an application made to him in this behalf, in the prescribed manner, fix in respect of any building- (i) the standard rent as per the provisions of section I 12 41 (ii) the other charges payable as per the provisions of sectron 10, and (iii) the enhancement in rent as per provisions ol section 1'1 . (2) ln fixing the standard rent of any building or determining the other charges payable or enhancement ol the rent, the Controller shall fix or determine or enhance the amount which appears to him to be reasonable having regard to the provisions of section 9 or section 10 or section 11, as the case may be, and the other circumstances of the case. (3) Where for any reason il it is not possible to fix the standard renl of any building on the principles set forth in section 9, the Controller may fix such rent as would be reasonable having regard to the location and condition ol the building and the amenities provided therein, and where there are similar or nearly similar buildings in the locality, having regard also to the rent payable in respect of such buildings. The controller would obtain consenl of both the parties before linal lixation of the standard rent and the date of its applicability. (4) The standard rent shall in all cases be fixed for a tenancy of twelve months. Atter every twelve months, it shall be fixed again on the principles set lorth in sectionl'1. (5) ln fixing the standard rent ot any building under this section, the Controller shall fix the standard rentthereof in an unfurnished state ofthe building and may also delermine any additional charge to be payable on account ot any littings or furniture supplied by the landlord and it shall be lawful for the landlord to recover such additional charge from the tenant. (6) ln fixing the standard rent or determining the other charges payable or enhancing rent in respect of any building under this section, lhe Controller shall specify the date from which the amounl, so fixed or determined or enhanced shallbe deemed to have effect. Limitation for 13 application for lixation of standard rent, etc. 42 Provided that, in no case the date so specified shall be earlier than the date of filing of the application for the enhancement of the standard rent : Provided further that il the increase is because of improvement, addition or structural alteration, it shall come into effect from the date of completion of such improvement, addition or alteration. (7) The Controller may, while fixing standard rent or determining other charges payable or enhancing the rent, order tor payment of the arrears of amount due by the tenant to the landlord in such number of instalments as he deems proper. Any landlord or tenant may file an application to the Controller for tixing the standard rent and determining other charges or enhancing such rent and other charges:- (a) in the case of any building which was let or in which the cause of action for Lawful enhancement ol rent and other charges arose, before the commencement ol this Act, within two years from such commencement ; (b) in the case of any building in which the cause of action for la,,vful enhancement of rent and other charges arises after the commencement ol this Act, within two years from the date on which the cause of action arises: (c) in the case of any building constructed on or afterlhe commencement of thisAct and forwhich the provisions ol this Act are applicable within hvo years from the date of such application by the landlord or the tenant. Provided that the Controller may entertain the application after the expiry ol the said period of two years, by recording the reasons in writing if he is satisfied that the applicant was prevented by sutficient cause from filing the application in time.