Section 8 in The West Bengal Premises Tenancy Act, 1956.
8. Fair rent.
(1)"Fair rent" in relation to any premises means -(a)where the rent of such premises has been fixed under the Bengal House Rent Control Order, 1942, or the Calcutta House Rent Control Order, 1943, or the Calcutta Rent Ordinance, 1946, the-rent so fixed together with -(i)where the rent so fixed is more than Rs. 100 per month, 10 per cent, of such rent, and where the rent so fixed is not more than Rs. 100 per month, 5 per cent, of such rent,in the case of premises used mainly for residential purposes or as a hospital, an orphanage, a public library, or an educational or charitable institution, and(ii)where the rent so fixed is more than Rs. 100 per month, 15 per cent, of such rent and where the rent so fixed is not more than Rs. 100 per month, 10 per cent, of such rent,in the case of premises used for purposes other than those mentioned in sub-clause (i) above;(b)where the rent of such premises has been fixed under [the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950,] [West Bengal Premises Rent Control (Temporary Provisions) Act, 1948 (W.B. Act 38 of 1948) repealed by West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 (W.B. Act 17 of 1950) and the latter Act repealed by this Act.] whether by way of revision of the rent previously fixed under [the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948] [West Bengal Premises Rent Control (Temporary Provisions) Act, 1948 (W.B. Act 38 of 1948) repealed by West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 (W.B. Act 17 of 1950) and the latter Act repealed by this Act.], or not, the rent so fixed;(c)where any proceeding is pending for fixation of rent of such premises under [the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948] [West Bengal Premises Rent Control (Temporary Provisions) Act, 1948 (W.B. Act 38 of 1948) repealed by West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 (W.B. Act 17 of 1950) and the latter Act repealed by this Act.] or under [the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950] [West Bengal Premises Rent Control (Temporary Provisions) Act, 1948 (W.B. Act 38 of 1948) repealed by West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 (W.B. Act 17 of 1950) and the latter Act repealed by this Act.], the rent fixed under the provisions of [the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950] [West Bengal Premises Rent Control (Temporary Provisions) Act, 1948 (W.B. Act 38 of 1948) repealed by West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 (W.B. Act 17 of 1950) and the latter Act repealed by this Act.];(d)where such premises have been constructed and let out after the commencement of this Act, the rent calculated on the basis of annual payment of an amount equal to 6¾ per cent, per annum of the aggregate amount of the actual cost of construction and the market price of the land on the date of commencement of construction, together with one-half of the total amount of the municipal rates and taxes payable annually in respect of the premises:Provided that the rent agreed upon between the landlord and the tenant when such premises are first let out shall, for a period of eight years from the date of commencement of this Act, be deemed to be the fair rent;(e)where the provisions of clause (a) or clause (b) or clause (c) or clause (d) do not apply, 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 rent payable in respect of such premises:Provided that in fixing such rent the Controller shall in no case allow an increase of more than 10 per cent, over the existing rent, if any, of such premises.(2)Where the fair rent includes the tenant's share of the municipal rates and taxes, then, notwithstanding anything to the contrary in any contract or law, the landlord and not the tenant shall be liable to pay the whole amount of the municipal rates and taxes assessed on the premises.(3)Where any furniture is supplied or any fittings are affixed by the landlord for the use of the tenant, fair rent shall include an additional amount equivalent to ten per cent, of the market value of such furniture or fittings payable for one year, the added amount being payable in equal monthly or other periodical instalments according to the terms of the tenancy.
