Younis Ahad
The significance of education is exaggerated by everyone whether in seminars, debates or in families. The education is off course an asset for the society, it illuminates and eliminates ignorance in every society. It enables every individual to distinguish between right and wrong, it humanises the one who pursues it. It is a valuable thing rather a resource for any state precisely I can’t mention its importance in a few sentences. The title of this piece of writing might have caught your attention what actually I intend to pen down. Yes it is about the issues and problems faced by those students who hail from far flung rural areas and staying at Srinagar on rent basis so that they can pursue formal education. I being the student of Law can realise the pain and miseries of those students who are on rent because i am also from village side and currently is at Srinagar for my education. It is worth saying that not every student who comes to Srinagar from rural areas is from a rich family some belong to poor families also. Most of the colleges and even Kashmir University is located in Srinagar and every student does not get the hostel facility in Kashmir University, some colleges sans it. So it becomes imperative for outsiders (villagers) to book rooms. Basically the issue faced by lot of students is that when they approach landlords for rent determination, landlords usually demonstrate massive rent rates, some landlords do not have all the facilities still they surcharge the rate, the hapless students are left with no option but to hire the rooms.. Apart from this as we all know education is suffering badly in Kashmir particularly since August 05 students are mostly away from their educational institutions so are the students who are on rent, the current pandemic has necessitated everyone to be safe at home and education is imparted online in spite of that the landlords are still forcing students to pay their rent except few who pity. The principal of natural justice should prevail landlords should receive half rent of such days so that they too may not suffer. The question is there any law which can handle this issue? Yes we have Jammu and Kashmir Houses and Shops Rent Control Act 1966 which received assent of the Governor on 28th October 1966. It is meant to make better provisions for control of rents of houses and shops in urban areas in the UT. This Act deals with the contract of tenancy and section 09 of the Act talks about fair rent which is to be fixed by controller. Section 09 of the Act reads as:
Date on which fair rent fixed by the Controller takes effect. – (1) When in fixing the fair rent under section 8 the rent which was being paid at the time of the application is –
(i) decreased by the Controller, the fair rent fixed shall be payable from the month next after the date of application, unless for reasons to be recorded by the Controller, he decides that such rent should operate from any earlier or later date;
(ii) increased by the Controller, the fair rent fixed shall be payable from the time, as hereunder provided viz:-
(a) if increased under clause (a) of sub-section (1) of section 8, from the month next
after the date of application;
(b) if increased under clause (b) of the sub-section, from the month from which the
increase in the municipal rates, taxes or cesses came into force;
(c) if increased under clause (c) of the said sub-section, from the month next after
that in which the addition, alteration or improvement was completed;
(d) if increased under clause (d) of the said sub-section, from the month next after
that in which the furniture was supplied.
(2) Where the fair rent is fixed –
(a) Under clause (e) of the said sub-section, it shall be payable from the month next after the date of the application;
(b) Under clause (f) of the said sub-section, it shall be payable from the month next after the date of the application, unless for reasons to be recorded by the Controller he decides that such rate of rent should operate from any earlier or later date;
(c) Under clause (g) of the said sub-section, it shall be payable from the month next after the date of the application, unless for reasons to be recorded by the Controller, he decides that such rate of rent should operate from any earlier or later date.
(3) In fixing the fair rent the Controller shall, in every instance, specify in his order the time from which the rent so fixed shall become payable.
The copy of written agreement between tenants and landlords should be furnished to the controller. Last but not the least administration should regularly inspect the rented building or house so that it can ensure justice and fairness. The district administration must take immediate notice of this issue which is need of hour.
Landlord not to claim rent at a rate different from that at which it is being paid except in certain cases— Nothing in the provisions of this Act, including Schedule A, shall entitle the landlord to claim rent from the tenant at a rate different from that at which it is being paid at the time, except by agreement with the tenant, valid in law including this Act, or unless a different rate is fixed under section 8.
Conclusion: The above mentioned provisions like section 09 and section 10 of the said Act are very important. The District Administration must endeavour to bring this Act into pragmatic field so that the students so that the students can no longer suffer by massive rates. In order to facilitate the operation of this Act the Administration must set up a grievance cell for such students (herein referred as tenets). The Administration must also ensure that every landlord must register his building or house which is on rent. The copy of written agreement between tenants and landlords should be furnished to the controller. Last but not the least administration should regularly inspect the rented building or house so that it can ensure justice and fairness. The district administration must take immediate notice of this issue which is need of hour.
(Author is a law student and a freelancer. Views is his own) [email protected]