Amendment status not verified — confirm the current text below against the official source.
(1) In any of the following cases, the Controller shall on application by any landlord or tenant, fix the standard rent as set forth hereunder : — (a) Where the provisions of Schedule A apply and there is no cause for the alteration of the rate of standard rent as determined according to the schedule for any of the reasons mentioned in the following clauses, in accordance with the provi- sions of Schedule A. (b) Where during the currency of a standard rent pay- able for any premises there has been an increase in the municipal taxes, rates or cesses in respect I The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. 5 XVII of 1950.1 (Chapter 11.—Provisions regarding rent and salami.— Section 9.) of the premises, 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 standard rent pay- able for any premises the landlord has made some addition, alteration, or improvement in the premises, not being tenantable repairs necessary or usual for such premises, by adding to such standard rent payable in one year ten per centum of the amount reasonably spent by the landlord in making the said addition, alteration or im- provement, the added amount being divided amongst instalments for payment of rent of the year as would be just and convenient : Provided that when the premises are 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 addi- tion, alteration or improvement has been made at the written request of the tenant. (d) Where during the currency of a standard rent the landlord has supplied any furniture for use of the tenant in the premises, by adding to such standird 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 divid- ed amongst instalments 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 determin- ing the standard rent do not apply, either because the premises or the whole of the premises were not let on the first day of December, 1941, or for some other reasons, or where any premises have been let rent-free or at a nominal rent, or for some consideration other than money rent, or in addition to money rent, by fixing the standard rent at a rate in accordance with Schedule A, taking the rent which would have been reason- ably payable for the premises if let on the first day of December, 1941, as "basic rent" under the said Schedule. Where any premises have been wholly or are sub- stantially constructed after the 31st day of Decem- ber, 1949, by fixing the standard 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 premises as on the date of the commence- ment of such construction taking into account (f) 4t:i • 6 The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. [West Ben. Act (Chapter 11.—Provisions regarding rent and salami.— Section 10.) the prevaling rate of rent in the locality for similar accommodation with similar advantages and amenities and the comparative advantages or dis- advantages of accommodation in the premises : Provided that where the premises whose standard rent is .11 ; to be fixed form a part of the construction the standard rent shall be fixed at a rate which is fairly proportionate to the total standard rent of the entire construction. (g) Where no provisions of this Act for fixing standard rent apply to any premises, by determining the standard rent at a rate which is fair and reason- able. (2) If in fixing the standard rent the Controller is required by this Act to determine the rent at which the premises were let on the first day of December, 1941, but it is not reasonably practicable to obtain sufficient evidence for determining the said rent, he shall determine approxi- mately the rent at which in reasonable probability the premises were let-on the date, and the rent so determined shall be deemed to be the rent at which the premises were ltte on the first day of December, 1941; and for the said purpose he may have regard to the standard rents of similar premises in the neighbourhood, 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.