Section 9:
Controller to fix standard rent, etc.
(1) The Controller shall, on an application made to him in
this behalf, either by the landlord or by the tenant, in the prescribed manner, fix in respect of any
premises--
(i) the standard rent referred to in section 6; or
(ii) the increase, if any, referred to in section 7.
(2) In fixing the standard rent of any premises of the lawful increase thereof, the Controller shall fix an
amount which appears to him to be reasonable having regard to the provisions of section 6 or section 7 and
the circumstances of the case:
1[Provided that in working out the cost of construction of any premises or the market price of the land
comprised in such premises for the purposes of section 6, or the cost of improvement, addition or alteration
referred to in section 7, the Controller may take the assistance of any valuer approved by the Central
Government in accordance with such rules as may be prescribed and the assessment shall be made by such
valuer in the manner prescribed.]
(3) In fixing the standard rent of any premises part of which has been lawfully sub-let, the Controller
may also fix the standard rent of the part sub-let.
(4) Where for any reason it is not possible to determine the standard rent of any premises on the
principles set forth under section 6, the Controller may fix such rent 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 standard rent payable in
respect of such premises.
(5) The standard rent shall in all cases be fixed for a tenancy of twelve months:
Provided that where any premises are let or re-let for a period of less than twelve months, the standard
rent for such tenancy shall bear the same proportion to the annual standard rent as the period of tenancy
bears to twelve months.
(6) In fixing the standard rent of any premises under this section, the Controller shall fix the standard
rent thereof in an unfurnished state and may also determine an additional charge to be payable on account
of any fittings or furniture supplied by the landlord and it shall be lawful for the landlord to recover such
additional charge from the tenant.
(7) In fixing the standard rent of any premises under this section, the Controller shall specify a date
from which the standard rent so fixed shall be deemed to have effect:
Provided that in no case the date so specified shall be earlier than one year prior to the date of the filing
of the application for the fixation of the standard rent.
Notes:
1. Ins. by Act 57 of 1988, s. 6 (w.e.f. 1-12-1988).