Section 12 in Jharkhand Building (Lease, Rent & Eviction) Control Act, 2011
12. Controller to fix standard rent.
(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 9(ii)the other charges payable as per the provisions of section 10, and(iii)the enhancement in rent as per provisions of section 11.(2)In fixing the standard rent of any building or determining the other charges payable or enhancement of 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 if it is not possible to fix the standard rent 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 of 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 consent of both the parties before final fixation 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. After every twelve months, it shall be fixed again on the principles set forth in section11.(5)In fixing the standard rent of any building under this section, the Controller shall fix the standard rent thereof in an unfurnished state of the building and may also determine any 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.(6)In fixing the standard rent or determining the other charges payable or enhancing rent in respect of any building under this section, the Controller shall specify the date from which the amount, so fixed or determined or enhanced shall be deemed to have effect.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 if 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 for payment of the arrears of amount due by the tenant to the landlord in such number of installments as he deems proper
