Sec 6 to 15 Chapter II (Regulation of Rent)The Jharkhand Buildings (Lease, Rent and Eviction) Control Act, 2011

6. Salami, fine or advance of more than one month's rent not to be claimed or received

It shall not be lawful for any person to claim or receive, in consideration of grant, renewal or continuation of a tenancy of any building, the payment of any salami, fine or any like sum in addition to the rent or payment of any sum exceeding one month's rent of such building as rent in advance.

Provided that the payment of premium during tenancy of a building is permissible.

7. Rent Payable

(1) The rent payable in relation to a building shall be:

(a) the rent agreed to between the landlord and the tenant in writing, or

(b) the Standard Rent as specified under section 9.

(2) In the case of a tenancy entered into before the commencement of this Act, the landlord may, make an application to the Controller within six months from the date of such commencement to fix the standard rent under sub-section (1) of section 12 and the rent so fixed shall be payable from the date of such commencement. 

8. Enhancement of rent of building

Notwithstanding anything contained in any agreement or law to the contrary, it shall not be lawful for any landlord to increase or claim any increase in the rent which is payable for the time being, in respect of any building except in accordance with the provisions of this Act,

9. Standard Rent

(1) Standard Rent, in relation to any building, means the rent calculated on the basis of five per cent per annum of the aggregate amount of the cost of construction and the market price of 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 of land based on the cost index as per provisions of Section 45 of Income Tax Act, 1981.

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 Construction Department of 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 Department of the Government for the year in which construction was made, whichever is high.

(c) the land shall be the total land comprising the building and such of the vacant land upto fifty percent 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 Housing Board or any Public Sector Undertaking of the Government or a municipality or municipal corporation shall be the aggregate amount paid or payable to such Housing Board or any Public Sector Undertaking of the Government or a municipality or municipal corporation, as the case may be: 

10. Other charges payable- 

(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 percent of 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.

(2) The tenant' is responsible for payment of electricity and water charges payable for the building. 

11. Enhancement of rent

The standard rent fixed for any building shall be enhanced every year at seventy-five per cent of annual inflation rate based on wholesale price index in the case of residential buildings and one hundred per cent of such rate in the case of non-residential buildings.

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 ally 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 ally 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 ally 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 specifies shall be earlier than the date or filing of the application for the enhancement of the standard rent

Provided further that the increase is because of improvement, addition or structural alteration, it shall come into effect from the date of completion or such improvement, addition or alteration,

(7) The Controller max 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 on installments as he deems proper

13 Limitation for application fixation of Standard rent etc.

Any landlord or tenant may fie an application to the Controller for king the standard rent and determining other changes 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 of rent and other charges arose, before the commencement of this Act, within two years from such commencement;

(b) In the case or any building in which the cause of action for lawful for enhancement a rent and other charges arises after the commencement of this Act, within two years from the date on which the cause of action arises. 

(c) In the case or any building constructed on or after the commencement a this Act and for which the provisions of this Act are applicable within two years from the date of such application by the landlord or the tenant.

Provided that the Controller may entertain the application after the expiry or the said period of two years, by recording the reasons in writtng if he is satisfied the the application was prevented by sufficient cause from filling the application in time.

14. Refund of rent, premium, etc.

Where any sum or other consideration has been paid, whether before of after the commencement a this Act, by or on behalf of a tenant to a landlord, in contravention of any of the provisions of this Act, the Controller may, on an application made to him within a period a one year from the date a such payment, order the landlord to refund such sum of the value of such consideration to the tenant of older adjustment of such sum or the value of such consideration against the rent payable by the tenant.

15. Tenant making payment of rent entitled to receipt

(1) Every tenant who makes payment on account of rent to his landlord shall be entitled to obtain forthwith nom the landlord a receipt in the prescribed form for the amount or rent paid by him duly signed by the landlord of his appointed agent.

(2) If a landlord, without reasonable cause falls to deliver the tenant a receipt as required by sub-section (1), such landlord shall be table to fine not exceeding double the amount or rent so paid to be imposed after summary enquiry by the Controller upon a complaint of the party aggrieved within three months from the date of such failure.