37 [JHARKHAND AC� 06 OF 2012] JHA KHANO BUILDING {LEASE, RENT & EVICTION) CONTROL ACT, 2 0 1 1 to the Act Whereas, the Government of Jharkhand consider that supply of rental housing st ck in the State is not commensurate with the demand, And Whe eas the return from investment in rental housing is low, And Whe eas 'the relationship between the landlord and the tenant is contentio s And Wher as the l igation under Rent Control Act is undu ly delayed Now, The efore An Act to provide for the regulation of letting of the bui ld ings and the rent of such b i ld ings, and to establish better balance between the interests of landlord nd tenant, and to lessen the hardships in the litigations and for matters a cil lary thereto BE it enacted by the Legislature of the State of Jharkhand in the Sixty-sec nd year of the Constitution of India as follows:-
CHAPTER- PRELIMINARY 1 . Short title, Extent and Commencement ( 1 ) This ct may be called the Jharkhand Bui ld ing (Lease, Rent & Eviction) Control ct, 2 0 1 1 .
(2)This ct shal l apply to the whole of the State of Jharkhand.
(3) It sh II come into force on such date as the Government of Jharkhand may, by otification in the Official Gazette, appoint.
2. D finitions In this A t, unless the context otherwise requires
(a) "Appellate Authority" means the Deputy Commissioner of the District in which the bui lding is situated or any other officer specially empowered by the Government to perform the functions of an Appellate Authority.
(b "Bui ld ing" means any bui lding or hut or a part of the bui ld ing or hut , let or to be let, separately for residential or non-residentia l purposes and includes - . ..
i . the g a r d e n , grounds/ open spaces a n d o u t h o u s e s , if a n y , a p p u rt e n a n t to s u c h b u i l d i n g o r h u t or p a rt of such b u i l d i n g o r h u t , . a n d i i . any furniture s u p p l i e d by t h e l a n d l o r d for use i n s u c h ., b u i l d i n g o r h u t o r part of such b u i l d i n g or h u t .
(c) " C o m m i s s i o n e r " m e a n s C o m m i s s i o n e r of t h e D i v i s i o n i n w h i c h the b u i l d i n g is situated.
(d) " C o n t r o l l e r' ' means t h e person appointed . by t h e State G o v e r n m e n t u n d e r section 3 1 of the Act. ·
(e) " D e p u t y C o m m i s s i o n e r " m e a n s and the D e p u t y C o m m i s s i o n e r of t h e District i n w h i c h the b u i l d i n g is situated.
(f) "Government" m e a n s the Government of J h a r k h a n d .
( g ) " L a n d l o r d " m e a n s t h e owner of t h e b u i l d i n g · a n d i n c l u d e s a person w h o for the t i m e b e i n g is receiving o r is entitled to receive t h e rent of the b u i l d i n g , whether o n h i s own account or on behalf of a n o t h e r , o r as an a g e n t , trustee, executor, a d m i n i s t r a t o r , receiver, g u a r d i a n o r whoever so receives t h e rent, o r e n t i t l e d to receive the rent, if the b u r l d i n g were let to a tenant.
( h ) " P r e m i u m " m e a n s the m u t u a l l y agreed a m o u n t p a i d by a t e n a n t to t h e l a n d l o r d at t h e time of a g r e e m e n t w h i c h does not exceed 2 months rent i n the case of residential b u i l d i n g a n d 1 2 m o n t h s rent i n t h e case of non-residential b u i l d i n g ; which s h o u l d be refunded without interest w h i l e vacating the b u i l d i n g ( i ) "Prescribed" means prescribed by rules made u n d e r t h i s Act;
0) "Standard Rent" i n relation to the b u i l d i n g means t h e rent calculated u n d e r section 9.
(k) "State Government" means the Government of Jh a rkh a n d .
( I) "Tenant" m e a n s a n y person by w h o m or on whose account rent i s payab le for a b u i l d i n g a n d i n c l u d e s i . a person wh o occupies a b u i l d i n g , as an e m p l o y e e of t h e lan d lo r d of such b u i l d i n g e i t h e r on payment of rent o r o t h erw i s e .
i i . the s urv i v i n g s p o u s e , o r any s o n or u n m a r r i e d d a ugh t e r .
or parent , o r d a u g h t e r - i n - l a w , b e i n g the widow of predeceased son of a deceased tenant w h o h a d been l iving with the tenant i n t h e b u i l d i n g as a m e m b e r of t h e family upto her/his death.
3. Act not to apply to certain buildings The provis ions of t h i s Act s h a l l not a pp ly :-
(a)to any bui ld ing be lo n g i n g to the State G o v e r n m e n t o r the Central Government , or Ca n t o n m e n t Board o r any loca l authority; a nd
(b)to any bu i ld i ng be lo n g i n g to Jh a rkh a n d State Shwetamber Jain Trust Board or Jharkhand State D i g a m b e r Ja i n Trust Board or Wakf Board or Hindu Oharmik Nayas Board or a ny other Re l ig ious 39 Charitable Trusts or institution run by the Central or State ernment.
4. Ten ncy Agreement to be In writing ( 1 ) N twithstanding anything contained in section 1 0 7 of the Transfer of Propert Act, 1 8 8 2 (Central Act 4 of 1882) , no person shal l , after the commenc ment of this Act let or take on rent any bui ld ing except by an agreemen in writ ing.
(2) here in relation to a tenancy created before the commencement of this A , and where no agreement i n writing was entered into, the landlord a d the tenant shall enter into an agreement in writing with regard to the ten ncy including the amount of rent and the period of tenancy; and deposit a opy thereof before the Controller concerned within two years as described in Sec 13C of this act.
Provi ed that where the landlord and the tenant fail to present jointly a copy of he tenancy agreement under this sub-section, such landlord and tenant sh I I separately file the particulars about such tenancy with the Controller concerned in such form and in such manner and within two years as ay be prescribed.
5.
( 1 ) In t hee ent of death of a tenant, the right of tenancy shall devolve to his successor in the followin order, namely :-
(a) spouse,
(b) son or un married daughter or where there are both son and unmarried daughter, both of them,
(c) parents,
(d) daughter-in- law, being the widow of his pre-deceased son .
Provided t at the successor has ordinarily been living or carry ing on bus iness in the premises ith the deceased tenant as a member of his family upto the date of her/his death and as dependent on the deceased tenant:
Provided lso that the period of devolution is limited to the unexpired portion of the tenancy a d it is open to the landlord and the successor tenant to enter into fresh agreemen.
Provided rther that a right to tenancy sha l l not devo lve upon a successor in case such successo or his spouse or any of his dependent son or daughter is owning or occupying a building However, he shall acquire a right to continue in possession as a tenant for unexpired period of tenancy, or a period of one year from the date of death of the tenant, or on his eath, whichever is earlier .
40 r
(2) The right of every successor, referred to in sub section ( 1 ) to continue in possession of the building shall be personal to him and shall not, on the death of such successor, devolve on any of his heirs.
t3) Nothing in sub section ( 1 ) or sub section (2) shall apply to a non residential bui lding and the vacant possession of such building shall be delivered to the landlord within one year or unexpired portion of tenancy, Whichever is earlier:-
(i) of the death of tenant, in case the tenant is an individual: ,
(ii) of the dissolution of the firm, in case the tenant is a firm;
(i i i) of the winding up of the company, in case the tenant is a company;
(iv) of the dissolution of the corporate body other than a company, in case the tenant is such a corporate body.
Provided that it is open to the landlord and the successor tenant to enter into a fresh agreement. ·
CHAPTER- II REGULATION OF RENT
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 bui ld ing, the payment of any salami, fine or any l ike sum in addition to the rent or payment of any sum exceeding one month 's rent of such bui ld ing as rent in advance.
Provided that the payment of premium during tenancy of a bui ld ing is permissib le.
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 1 2 and the rent so fixed sha l l be payab le from the date of such commencement.
41
8.
contrary, i increase i bui ld ing e
9.
ncement of rent of bui lding ding anything contained in any agreement or law to the shall not be lawful for any landlord to increase or claim any the rent which is payable for the time being, in respect of any ept in accordance with the provisions of this Act.
( 1 ) Standar Rent, in relation to any bui lding, means the rent calculated on the basis of five per ce per annum of the aggregate amount of the cost of construction and the market pric of the land comprised in the building in the year of construction.
Provided th t due allowance shall be made on the cost of construction and price of land based on th cost index as per provisions of Section 45 of Income Tax Act, 1 9 8 1 .
Provide ho ever, that the rent shall a/ways be fixed on monthly basis.
(2) For the urpose 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 Undertak ing 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:
( 1 ) A ten nt 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 I
(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 bui lding. " 1 1 . Enhancement of rent The standard rent fixed for any bui ld ing shall be enhanced every year at seventy-five per cent of annual inflation rate based on wholesale price index in the case of residential bui ldings and one hundred per cent of such rate in the case of non-res ident ial bu i ld ings .
12 . Controller to fix standard rent ( 1 ) The Controller shall , on an app l ication made to him in this behalf, in the prescribed manner , fix in respect of any building
(i) the standard rent as per the prov isions of section 9
(ii) the other charges payable as per the prov isions of section 1 O, and · (iii) the enhancement in rent as per prov isions of section 1 1 .
(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 1 0 or section 1 1 , 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 bui lding 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 there in , and where there are sim i lar or nearly similar bu i ldings in the locality, hav ing 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 buildingand may also determine any add it iona l charge to be payable on account of any fittings or furniture supplied by the land lord and it sha l l be lawful for the landlord to recover such additional charge from the tenant .
(6) In fixing the standard rent or determ ining the other charges payable or enhancing rent in respect of any bui lding 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.
43 Provi ed that, in no case the date so specified shal l be earlier than the date of fi l ing of the application for the enhancement of the standard rent:
Provi ed further that if the increase is because of improvement, · addition or structural alteration, it shall come into effect from the date of completion f such improvement, addition or alteration.
(7) The Contr l ier may, while fixing standard rent or determining other charges payable or enhancing th rent, order for payment of the arrears of amount due by the tenant to the landlord in su h number of installments as he deems proper 13 . Limit tion for application for fixation of standard rent, etc.
Any la dlord or tenant may file an application to the Controller for fixing the standard rent and determining other charges or enhancing such rent and other charges :-
(a) n the case of any building which was let or in which the cause of action for awful enhancement of rent and other charges arose, before the ommencement of this Act, within two years from such commencement;
(b) n the case of any building in which the cause of action for lawful nhancement of rent and other charges arises after the commencement of his Act, within two years from the date on which the cause of action arises;
(c) in the case of any building constructed on or after the commencement of his 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.
Provid d that the Controller may entertain the application after the expiry of the said period f two years, by recording the reasons in writing if he is satisfied that the applicant wa prevented by sufficient cause from filing the application in time.
enant making payment of rent entitled to receipt 15 .
14. Ref nd of rent, premium, etc.
any sum or other consideration has been paid, whether before or er the commencement of this Act, by or on behalf of a tenant to a land I rd, in contravention of any of the provisions of this Act, the Controller ay, on an application made to him within a period of one year from the d te of such payment, order the landlord to refund such sum or the value f such consideration to the tenant or order adjustment of such sum or th value of such consideration against the rent payable by the tenant.
( 1 ) Every enant who makes payment on account of rent to his landlord shall be entitled. to obtain forthwith from the landlord a receipt in the prescribed form for the amount of rent paid by him duly signed by the landlord or his appointed agent.
(2) If a la d lord , w ithout reasonable cause fails to deliver the tenant a receipt as equired by sub-section (1 ) , such landlord shall be l iable to fine not excee ing double the amount of rent so paid to be imposed after 44 summary enquiry by the Controller upon a complaint of the party aggrieved within three months from the date of such failure.
_CHAPT.ER - I l l LANDLORD AND TENANT 1 6 . Landlord's responsibility ( 1 ) Every landlord shall carry out the repairs which he is bound, under any law, contract or custom, to make to a bui lding in possession of a tenant.
Explanation: In this sub-section, "repairs" include annual white-washing, re-colouring and periodical repairs.
(2) If the landlord fails to carry out white-washing once in every year, re colouring once in three years and periodical repairs, which he is bound to make, the tenant may by notice, require h im to carry out the same within one month from that date of service of the notice, and, on the landlord's failure to do so within the said period, the tenant may himself carry out the same at a cost not exceeding one month's rent for the bu i ld ing and deduct such cost from the rent.
(3) If the landlord neglects to carry out repairs, other than those referred in sub-section (1 ) , which he is bound to make, the Controller shal l , on an application by the tenant, which shall specify the approximate cost of such repairs, cause a notice to be served on the landlord to appear and show cause, within such time as may be fixed in the notice.
(4) If the landlord does not appear in obedience to the notice or if he appears but fails to satisfy the Controller as to why he should not be directed to carry out the repairs or such of them as he finds the landlord is bound to make, the Controller shall after making such further inquiry as may be necessary, direct him to carry out the same within a time to be fixed, and on the landlord's failure to comply with such direction, the Controller may permit the tenant to carry out such repairs at a cost not exceeding such amount as may be specified in the order and to recover such cost from the landlord . It shal l , thereafter, be lawful for the tenant to carry out such repairs and to deduct the cost thereof from the rent or recover it otherw ise from the landlord as if it were a debt due to him by the landlord.
Prov ided that if, the Controller is satisfied that the repairs involved were due to the negligence of the tenant, he wil l order the tenant to make such repairs and the cost of repair shall be borne by the tenant and the same shall not be recoverable from the landlord by deduction from the rent.
17 . Landlord not to interfere with amenities enjoyed by the tenant ( 1 ) No land lord shal l , without just or sufficient cause cut off or withhold any of the amenities enjoyed by the tenant .
(2) A tenant in possession of a bui ld ing may, if the landlord has contravened the provisions of sub-section ( 1 ) make an app l ication to the Controller com p la ining of such contravention and may restore any of the amenities on his own responsib i l i ty, pending consideration of h is app l icat ion by the Controller .
(3) If the Contro l ler on en q u iry is satisfied that the landlord has without just or sufficient cause cut off or w ithhold any of the amenities enjoyed by the ' 45 tenant at he time of the commencement of the tenancy or at any time thereafter, he shall
(i) in case such amenity has already been restored by the tenant make an rder directing the landlord to pay to the tenant the cost of such restoratio as determined by h im within such time as may _be specified in the order; nd ( i i ) i r any other case, direct the landlord to restore such amenity at such cost nd within such time as may be determined by h im and also that in case t e landlord fails to do so, the amenity may be restored by the tenant at is own cost and such amount as may be specified in the order may be ecovered by the tenant as the cost of restoration either by adjustme t towards the rent payable by him or as if the amount were a debt due him by the landlord.
Explanati n : In this section, "amenities" include supply of water, electricity, electricity l ights in passages and on staircases, lifts and conservancy or sanitary s rvices.
notice in make su the cost the tena estimate 18 . Dut es of tenant ( 1 ) very tenant shall be bound to keep the bui ld ing in good and tenantabl repairs in relation to water taps, water closets, bath tubs, geysers, itchen fixtures, minor electric equipment, glass panel for doors and wind ws and other minor repairable items etc.
ere any repairs, in relation to a matter fa l l ing · under sub- ) , without which the bui ld ing is not habitable or useable and the glects or fails to make them within a period of two months after riting, the landlord may apply to the Controller for permission to h repairs himself and may submit to the Controller an estimate of f such repairs, and, thereupon the Controller may, after giving t an opportunity of being heard and after considering such of the cost and making such enquir ies as he may consider , by an order in writing, permit the landlord to make such repairs at such ost as may be specified in the order, and it shall thereafter be lawful for the landlord to make such repairs himself and to recover the cost of such pairs, which shal l in no case exceed the amount so specified, from the enant.
(3) he tenant shal l make good all damages caused to the premises by his negligence within three months of being informed in writing to do so by the I ndlord fai l ing which the landlord may apply to the Controller for permissi n to make good the said damages and the Controller shal l decide t e matter in the manner provided in sub-section (2) .
(4) The tenant shall hand over possession of the bui ld ing on terminati n of tenancy in the same condition, except for the normal wear and tear as it was when handed over to h im at the beginn ing of such tenancy and in a case where certain damages have been caused , not being d mages caused by force majeure, the tenant sha l l make good the damage caused to the bui ld ing fai l ing which landlord may apply to the Co trai ler fo.r permiss ion to make good the said damages and the Co trol ler shall decide the matter in the manner provided in sub-sect on (2) .
(5) The tenant shall not, whether during the subsistence of tenancy or there fter, demo l ish any improvement or alteration carried out by him in 46 the bui ld ing or remove any material used in such improvement or alteration, other than any fixture of a removable nature, without the permission of the landlord failing which such demolit ion or alteration shall 'be deemed to be a damage caused by such tenant under sub-section (3) and shall be dealt with accordingly.
CHAPTER - IV REGULA.TION OF EVICTION 1 9 . Eviction of tenant ( 1 ) Notwithstanding anything contained in any contract or law to the contrary, but subject to the provisions of the Industrial Disputes Act, 194 7 (Act XIV of 1947) , and to those of section 1 8 , where a tenant is in possession of any bu i ld ing , he shall not be l iable to eviction therefrom except in execution of an order passed by the Control ler on one or more of the follow ing grounds :
(a) for breach of the conditions of the tenancy, or for sub lett ing the bui ld ing or any port ion thereof without the consent of the landlord, or if he is an emp loyee of the landlord occupying the bu i ld ing as an emp loyee , on his ceasing to be in such emp loyment ;
(b) where the condition of the bui ld ing has materia l ly deteriorated owing to acts of waste by , or neg l igence or default of the tenant or · of any person residing with the tenant or for whose behaviour the tenant is responsible ;
( c ) where the bui ld ing is reasonably and in good faith required by the land lord for his own occupation or for the occupation of any person for whose benefit the bui ld ing is held by the landlord .
Provided that where the Control ler thinks that the reasonable requirement of such occupation may be substantially satisfied by ev icting the tenant from a part only of the bu i ld ing and allowing that tenant to continue occupation of the rest and the tenant agrees to such occupation , the Controller shal l pass an order accordingly ; and fix proport ionately the standard rent for the port ion in occupation of the tenant , which port ion shall henceforth constitute the bui ld ing within the meaning of clause (b) of section 2 and the rent so fixed shall be deemed to be the standard rent fixed under section 1 2 .
Explanation I : In th is c lause , the word " landlord" shall not include an agent referred to in c lause (h) of section 2.
Explanation I I : Where there are two or more bu i ld ings let out by the landlord it wi l l be for the landlord to choose which one would be preferable to h im and the tenant or tenants shall not · be allowed to question such preference. ·
(d) where the amount of two months rent, lawfully payable by the tenant and due from him is in arrears by not having been paid w ithin the t ime fixed by contract or in the absence of such contract, by the last day of the month next follow ing that for wh ich the rent is payable or by not hav ing been validly remitted or depos ited in accordance with section 27 ;
(e) in case of a tenant holding on a lease for a spec ified period, on exp iry of the period of tenancy; and · 47
(f) l a n d l o r d r e q u i r e s the premises i n o r d e r to carry out any b u i l d n g work at t h e i n s t a n c e of the G o v e r n m e n t o r t h e M u n i c i p a l i t y or t e M u n i c i p a l Corporation o r the R e g i o n a l Development A u t h rity o r a n y other Authority w i t h i n w h o s e j u r i s d i c t i o n t h e b u i l d n g l i e s a n d s u c h b u i l d i n g work cannot be properly a n d f u l l y carri ct out without the premises b e i n g vacated.
2 . ( a ) Wher a servant of t h e Government i n p o s s e s s i o n of a n y b u i l d i n g private/gove nment· as a t e n a n t i n t e n d s to vacate such b u i l d i n g , h e s h a l l give fifteen ays p r e v i o u s notice in writing of his i n t e n t i o n to d o so to t h e l a n d l o r d a n t o t h e Collector who s h a l l u n d e r i n t i m a t i o n to t h e l a n d l o r d w i t h i n a we k of receipt of the notice, e i t h e r allot t h e b u i l d i n g to a n y other servant o f t e Government w h o m the Collector t h i n k s s u i t a b l e subject to payment of rent, a n d the o b s e rv a n c e of the c o n d i t i o n s of t h e tenancy by such serva t of t h e G o v e r n m e n t or direct that the l a n d l o r d s h a l l be put i n p o s s e s s i o n f t h e b u i l d i n g .
Provided th t w h e n no s u c h order is passed by t h e C o l l e c t o r , the l a n d l o r d s h a l l be de med to have been put i n p o s s e s s i o n of t h e b u i l d i n g . ·
(b)Where b u i l d i n g is vacated by a servant of t h e G o v e r n m e n t , a n y person o c c u p y i n g s u c h b u i l d i n g other t h a n t h e p e r s o n referred to i n clause ( a ) h a l l be l i a b l e to be evicted by t h e Collector i n s u c h m a n n e r as may be pre cribed
Provided that after a l a n d l o r d h a s been o r is d e e m e d to have b e e n put i n possession of s u c h b u i l d i n g , he may let it to a n y p e r s o n .
20. Bin ing nature of the order of the Controller on all persons in occupatio of the building ( 1 ) Notwith t a n d i n g a n y t h i n g c o n t a i n e d i n any other l a w , where t h e interest of the tena t, i n a n y b u i l d i n g is determined for a n y reason whatsoever, a n d any order is made by t h e C o n t r o l l e r u n d e r t h i s Act for recovery of possessio of such b u i l d i n g , the order s h a l l be b i n d i n g on all persons w h o may be i n ccupation of the b u i l d i n g a n d vacant p o s s e s s i o n thereof s h a l l be given t the l a n d l o r d by evicting all such persons therefrom.
Provided t at n o t h i n g i n this section s h a l l a p p l y to a n y p e r s o n w h o h a s an i n d e p e n d e t title to such b u i l d i n g o r to a t e n a n t who h a s b e e n inducted with t h e e press written p e r m i s s i o n of the l a n d l o r d h i m s e l f p e r s o n a l l y .
(2) O n t a i n g possession of the b u i l d i n g , the l a n d l o r d s h a l l refund t h e p r e m i u m c llected if any to t h e t e n a n t .
2 1 . Sp cial procedure for disposal of cases for eviction 'on ground of bonafi e requirement ( 1 ) Every uit by a l a n d l o r d for t h e recovery of possession of a n y p r e m i s e s on the g r u n d s p e c i fi e d i n c l a u s e (c) or (e) of subs-section ( 1 ) of section 1 9 shall be dealt with i n accordance with the p r o c e d u r e specified i n t h i s section.
(2) The ontroller sh a l l i s s u e s u m m o n s i n every s u i t referred i n s u b section (1 without d e l a y .
(3) ( i) The Co n t r o l l e r s h a l l , i n addition t o , and s i m u l t a n e o u s ly with the issue of summ ns for serv ice on the t e n a n t or t e n a n t s , a l s o direct t h e s u m mon s to be se ed by registered post with acknowledgement d u e , addressed to the tena or h is a g e n t empowered to accept t h e service at the place where th tenant' o r h i s agent actually a n d v o l u n t arily resides o r carries on business r personally works for g a i n a n d m ay , if the circumstances of the case so equire a l s o direct t h e p u b l i c a t i o n of t h e s u m m o n s i n the official 48 gazette or in newspapers circulating in the locality, in which the tenant is last known to have resided or carried on business or personally worked for ga in .
'(i i) When an acknowledgement pu'rporting to be signed by the tenant or his agent is received back w i th . an endorsement purporting to have been made by a postal employee to the effect that tile tenant .or his agent has refused to take delivery of the registered article, the Control ler may declare that there has been a valid service of summons. ·
(4)The tenant on whom summons is duly served (whether by ordinary mail or by registered post) shal l not contest the prayer for eviction from the bui ld ing unless he files an affidavit stating the ground on which he seeks to make such contest and obtains leave from the Controller as hereinafter provided; and in default of the appearance i n pursuance of the summons or his obtaining such leave, the statement made by the landlord in the suit for eviction shall be deemed to be admitted by the tenant and the landlord shall be entitled to an order for eviction on the ground aforesaid.
(5) The Controller shal l give to the tenant leave to contest the suit if the affidavit filed by the tenant discloses such facts as would disentitle the landlord from obtaining an order for eviction on the grounds specified in clauses ( c) and (e) of sub-section ( 1 ) of section 1 9 .
(6) When leave is granted to the tenant to contest the suit , the latter may, within fifteen days from the date of the order, pray after making requisite fee, that the affidavit may be treated as the written statement or if he chooses to fi le a separate written statement, he may do so within fifteen days of the grant of leave to contest the suit and if he does not file the written statement within the period he shall not be allowed to do so later.
The Controller shall thereafter commence the hearing of the suit as early as practicable.
(7) Notw ithstanding anything contained in the Code of Civil procedure , 1908 (Act V of 1 9 0 8 ) or any other law, the Controller while hearing a suit under th is section shall follow the practice and procedure of a Court of Sma l l Causes including the recording of evidence .
(8) No appeal or second appeal shall l ie against an order for the recovery of possession of any bui lding made in accordance with the procedure specified in this section .
Prov ided that on an application being made within sixty days of the date of the order of ev ict ion , the H igh Court may for the purpose of satisfying itself that an order under this section is according to law , call for the records of the case and pass such order in respect thereof as it thinks fit.
(9) Where no app l ication has been made to the H igh Court in revis ion as laid down in sub-section (8) above , the order for eviction passed by the comptroller shall be final or the Controller , which passed the order for eviction may exercise the powers of review in accordance with the provision of order XLVII of the First Schedule to the Code of Civil Procedure (Act V of 1908) .
Provided that no such review shall be made unless an app l ication is filed for the same w ith in thirty days of the order of eviction .
22. Provisions of section 21 have overriding effect Notwithstanding anything inconsistent therewith contained elsewhere in this Act or in any other law for the time being In force, the prov isions of section 21 or any rule made thereunder shall have overr iding effect.
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23. cial provision for active/ex-servicemen of Defence Forces ( 1 ) Where the landlord has been in active military service or is ex serviceman or has been discharged or retired from service or is to retire or has died while in such active service and any member of his family is in actual nee ssity of house, then on an application being filed by the landlord or ny member of his family, the Controller after issu ing notice of fifteen days and on being satisfied after hearing the claim of the landlord is genuine, b order, shal l direct the tenant to give possession of the house to the landl rp or his family member and if the Controller is not satisfied with the c aim of such landlord, he shal l pass order rejecting the application.
Provided t at if the landlord or his widow has more than one residential house, the such landlord or his widow shall have no right to take back possession of more than one house.
2 (a) The C ntroller on the receipt of application shall issue summon to the tenant withi seven days of fi l ing the application.
(b) In addi t o n to this, the Controller shall direct to send summon to the tenant or hi agent by registered post with acknowledgement due and also to stick the econd copy of the summon on any conspicuous visible portion of the hous .
(c) If the summon with the registered post is returned with the endorseme t of the postman that the tenant or his agent refused to take the summ n , the Controller after enquiry as he may think fit and being satisfied wi h the endorsement, may declare that the summon has been legally se d on the tenant.
(d) The ten nt against whom service of summon has been declared valid, will have n right to oppose the petition of eviction t i l l an affidavit within fifteen day of service of summon is filed mentioning the reason on the basis of hich he opposes the petition of eviction and obtains the � permission of the Controller on it. In case of failure of his appearance and obta in ing ontrolter's perm ission , the statement of the landlord or his widow, fat er , mother , son, grandson, or widow daughter in-law , as the case may be , shal l be deemed to be accepted by the tenant and the petit ioner sha l l be entitled for the order of eviction of the tenant .
(e) The C ntrol ler within fifteen days of fi l ing of such aff idavit sha l l give permission to the tenant to oppose the application , if the tenant has disclosed uch facts which can debar the landlord , his widow , father, mother, s n , grand son, widow daughter- in- law in getting back the possessio of that residential house .
(f) Where ermiss ion to oppose the application has been granted to the tenant the Controller shal l not fix the date more than one month from the date �f p rmiss ion g iven to the tenant to oppose the app l icat ion and hearing of he app l ication shall continue on day-today bas is t i l l the disposa l of the cas and as far as possible, the decision shal l be g iven w ith in two months from the commencement of the hear ing.
(g) The C ntro l ler shall give appropriate t ime to the tenant to give back the possessio of the res idential house to the landlord , his widow , father, mother, s n, grandson or widow daughter- in- law , as the case may be, but will not ext nd that time altogether more than two months.
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(h) Where such proceeding of enquiry in which this section is appl icable, including the recording of statements of witnesses, the Controller wil l follow the procedure of a Court of Small Causes.
·1
(3) No appeal shall l ie against the order of the Controller to give possession of any bui ld ing except as per the procedure laid down in the section.
Provided that a revision petition may be filed in the High, Court within sixty days from the date of the order of eviction.
(4) No Court other than the High Court shal l stay the operation of eviction during the pendency of the revision petition filed under sub-section (3) of this section.
(5) Where the tenant has been evicted from the residential house and the landlord or his widow, father, mother, son, grand son or widow daughter in-law, as the case may be, does not occupy within three months continuously from the date of eviction or let out the bui ld ing or a portion thereof to a person other than the evicted tenant within three years of eviction of the tenant, then the evicted tenant may file an application to the Controller for restoration of possession of that bu i ld ing to h im on the same terms and conditions which were applicable at the t ime of eviction and the Control ler shal l pass order accordingly and also order to pay cost.
24. Right to recover immediate possession of bui lding to accrue to employee of State or Central Government ( 1 ) Where the landlord is a retired employee of the State or Central Government, and the bui ld ing let out by h im, his spouse or his dependent son or daughter are required for his own use, such employee may, within one year from the date of his retirement or within a period of one year from the date of commencement of this Act, whichever is later, apply to the Controller for recovering immediate possession of such bui ld ing .
(2) Where the landlord is an employee of the State or Central Government and has a period of less than one year preceding the date of his retirement and the bui ld ing let out by h im , his spouse or his dependent son or daughter is required by him for his own use after his retirement , he may, at any t ime w ithin a period of one year before the date of his retirement , app ly to the Controller for recovering immediate possession of such bui ld ing .
(3) Where the landlord , his spouse or his dependent son or daughter referred to in sub-section ( 1 ) or sub-section (2) has let out more than one bui ld ing , it sha l l be open to h im , his spouse or his dependent son or daughter, as the case may be to make an application under that sub section in respect of only one of the premises chosen by h im.
26. Right to recover immediate possession of bui lding to accrue to a widow or a handicapped person or a person aged sixty five years and above ( 1 ) Where the landlord is
(a) a widow and the bui lding let out by her , or by her husband ;
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(b) handicapped person and the bui lding let out by h im ;
(c) person who is of the age of sixty five years or more and the ui ld ing let out by h im, · is required f r use by her or him or for her or his family or for any one ordinarily l iv ng with her or h im for use, she or he may apply to the Controller fo recovery of immediate possession of such bui ld ing and the process of e iction as delineated in Sec 23 of this act shall be applicable.
(2) Wh re the landlord referred to in sub-section ( 1 ) has let out more than one bu lding, it shall be open to her or him to make an application under that s b-section in respect of any one bui ld ing chosen by her or h im.
CHAPTER - V DEPOSIT OF RENTS
26. osit of rent by tenant on refusal of the landlord to accept of doubt or dispute as to the person entitled to receive it.
· ( 1 ) If the Ian lord or his authorized agent refuses or neglects to pass to the tenant the r ceipt referred to in sub section (2) of section 1 5 , the Controller may, on. an application made to h im in this behalf by the tenant within two months fro the date of payment and after hearing the landlord or his authorized gent, by order direct the landlord or his authorized agent to pay to the t nant, by way of damages, such sum not exceeding double the amount of onthly rent or other charges paid by the tenant and the costs of the appli ation and shall also grant a certificate to the tenant in respect of the rent r other charges paid .
(2) If the I ndlord or his authorised agent refuses to accept or evades acceptance of receipt of rent and other charges, the tenant may, by notice in writing, sk the landlord to supply him the particulars of his bank account in bank located near to the bui lding.
(3) If the la dlord furnishes the particulars of his bank account, the tenant shall depo it the .rent and other charges payable in such bank account from time t t ime.
(4) If the Ian lord does not furnish the particulars of the bank account under sub-section
(2), the tena t sha l l remit the rent and the other charges payable to the landlord, from time to time, hrough postal money order after deducting the necessary postal charges.
(5) Where ny, bonafide doubt or dispute has arisen as to the person who is entitled o receive any rent in respect of any bui ld in g , the tenant may deposit su h rent in the prescribed manner with the controller, stating the circumstan es under wh ich such deposit is made , an d , may until such doubt has een removed or such dispute has been settled by the decision of any co petent court or by settlement between the part ies , continue to deposit i n l ike manner , the rent that may subsequently become due in respect of uch bui ld in g .
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(6) When a deposit has been made under sub-section (5 ) , the amount of such deposit shall be held by the Controller pending the removal of the doubt or the settlement of the dispute which has arises as to the person, , who is entitled to receive the rent, either by the decision of a competent court or by settlement between the parties, and the amount of such deposit may be withdrawn by the person who is declared by such court to be entitled to it or who is held by the Controller to be entitled to it in accordance with the settlement.
27. Deposit of rent by tenants in suits for eviction ( 1 ) If, in a suit for recovery of possession of any bu i ld ing , the tenant contests the suit as regards claim for eviction, the landlord may move an application qt any stage of the suit for order on the tenant to deposit rent month by month at a rate at which it was last paid and also subject to the law of l imitation, the arrears of rent, if any, and the Controller after giving opportunity to the parties to be heard, may make an order for deposit of rent month by month at such rate as may be determined and the arrears of rent, both before or after the institution of the suit if any and on failure of the tenant to deposit the arrears of rent within fifteen days of the date of order or the rent at such rate for any month by fifteenth day of the next following month; the Controller shal l order the defence against eviction to be struck off and the tenant to be placed in the same position as if he had not defended the claim to eviction and further, the Controller shall not allow the tenant to cross-examine the landlord's witnesses.
(2) If in any proceeding referred to in sub-section (1 ) , there is any dispute as to the person or persons to whom the rent is payable, the Controller may direct the tenant to deposit in the office of Controller the amount payable by him under sub-section ( 1 ) and in such case, no person shall be entitled to withdraw the amount in deposit until the Controller decides the dispute and makes an order for payment of the same.
(3) If the Controller is satisfied that any dispute referred to as in sub-sect ion (2) has been raised by the tenant for reasons which are false or frivolous, the Controller may order the defence against the eviction to be struck off and proceed with the hearing of the suit as la id down in sub-section (1 ) .
28. Deposit of rent determined by the Controller during the pendency of appeal or revision.
The Appellate Author ity or the Commissioner may , after g iving an opportunity to the parties to be heard make an order for depos it of rent at such rate as may be determined month by month , and arrears of rent , if any, and in case of non-compliance of this order , the Appellate Authority or the Commissioner shall order the defence against the standard rent order to be struck off. The landlord may apply for permission to withdraw the amount of rent so depos ited w ithout prejudice to any other lega l remedy to which he is otherwise entit led and the Controller may permit to do so.
53 CHAPTEft • VI ATION OF POSSESSION AND EXTENSION OF LEASE . 2 9 . Enti lement to restoration of possession and compensation by tenant Where the I ndlord recovers possession of any bui ld ing from the tenant by virtue of an rder secured because of clause ( c ) and (e) of sub-section ( 1 ) of section 1 9 and the bu i ld ing is not occupied by the landlord, or by · the person for hose benefit the bui ld ing is held within three month of the date of vacation f the bui lding by such tenant, or the bui ld ing having been so occupied is re-let within six months of the date of such occupation to any person oth r than such tenant without the permission of the Controller, the Controller ay on the application of such tenant made within three month of his vacat"ng the bui ld ing , and giving the landlord an opportunity of being heard, by o der direct the landlord to put such tenant in possession of the bui ld ing or to pay h im such compensation as may be fixed by the Controller o both.
30. nsion of period limited by lease ( 1 ) If a ten nt in possession of any bui lding held on lease for a specified period inten s to extend the period l imited by such lease, he may give the landlord at I ast one month before expiry of the period l imited by the lease, a written n tice of his intention to do so, and upon the del ivery of such notice, the landlord may renew the tease on the terms mutual ly agreed upon.
ant fails to vacate the bui lding on the termination 'of lease or as the cas may be, on the expiry of the period renewed under sub section (1 ) , the Controller shall on an application by the landlord pass an order for e iction, which shall be executed as such and may further order that the t nant shall pay to the landlord such amount as may be determined by it as daily compensation.
CHAPTER - VII OLLER, APPELLATE AUTHORITY AND COMMISSIONER 3 1 . Appo ntmerrt of Controllers ( 1 ) The St te Government may, by notification, in the Official Gazette, appoint as many Controllers as they thinks fit, and define the local l imits within whic , each Controller shall exercise the powers and perform the functions u der this Act.
(2) A pers n not blow the rank of Sub Divisional Officer and Executive Magistrate hall be appointed as a Controller, 3 2 . Pow rs of Controller ( 1 ) For the urpose of any enquiry under this Act, the Controller -may
(a) ent r and inspect any bui ld ing at any time between sunrise and sunse or authorize any officer subord inate to h im to so enter and inspe t any bu i ld ing .
54
Provided that no bu i ld ing shall be entered without the consent of the occupier unless at least twen1y four hours previous notice in writing has been given, and , .
(b) by written order require any person to produce for his inspection such accounts, rent receipts, books or other documents relevant to the enquiry at such time and at such place as may be specified in the order. ,.
(2) The Controller shal l have power to summon -and enforce the attendance of witnesses and to compel the production of documents by the same means and, so far as may be, in the same manner as is provided in the case of a Court by the Code of Civil Procedure (Act No.5 of 1 9 0 8 ) .
33. Procedure to be followed by Controller ( 1 ) No order which prejudicially affects any person shal l be made by the Control ler under this Act without giving such person a reasonable opportunity of showing cause against the order proposed to be made, and until h is objection, if any, and any evidence that may "be adduced in support of the same have been considered by the Controller.
(2) The Controller shal l , while holding enquiry in any proceeding before h im. follow such procedure as may be prescribed.
(3) All proceedings before the Controller shall ordinarily conclude within six months from the date of first appearance of the respondent in response to the summons issued for his appearance in the case, or from the date on which the respondent is set ex-parte:
Provided that the Controller may extend the hearing of the case beyond six months for reasons to be recorded by him on each day of hearing. However total period of such hearing shall not exceed 12 months.
(4) In the . case of an application under sub-section (2) of section 1 8 , the Controller shall commence the hearing of the application within seven days of the fi l ing thereof and shall dispose off the same as far as may be poss ible within thirty days of start of such hearing , unless for reasons to be recorded the Controller adjourns the case beyond such t ime.
34. Controller to issue notice to landlord or tenant before exercising powers Before exercising any of the powers conferred by this Act, the Controller shall give notice of his intention to do so to the landlord and to the tenant, if any, and shall consider any application that may be received by him within the period specified in the notice from such landlord or tenant or from any other person likely to be affected by the exercise of such powers and shal l hear the applicant if so desired by h im .
36. Controller to maintain list of Standard Rents ( 1 ) The Contro l ler shall maintain up-to-date list showing the standard rents of bui ld ings as fixed by him from time to time under the Act.
(2) A copy of the l ist shall remain in the office of the Controller ava i lable for inspection free of charge during office hours , and cop ies of the entries in such l ist may be granted by the Controller on payment of such charge as may be prescribed.
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36.
( 1 ) Any per on aggrieved by an order passed by the Controller may, within . fifteen day from the date of receipt of such order by h im, prefer an appeal in writing t the Appellate Authority.
(2) On sue appeal being preferred, the Appellate Authority may
(a) afte perusing the memorandum of appeal and hearing the ellant, if necessary summari ly dismiss the appeal , or
(b) or records of the case from the Control ler and after"examining records and, if necessary, making such further enquiry as he s fit decide the appeal .
(c) appeal shall be decided within the six months.
(3) Subjec to the provision of sub-section (2), the decision of the Appellate Authority nd subject only to such decision where an appeal l ies, an order of the Co troller shal l be final and shal l not be l iable to be questioned in any court f law whether in suit or other proceeding by way of appeal or revision.
37.
te Authority on appeal under this Act.
ercise of the powers by the Commissioner under this section bject to such rules as may be prescribed and for reasons to be writing, vision application shall be disposed of within six month from the g of such application.
ward of costs the Appell
(2) The e shall b e s recorded i
(3) Such date of fili
38.
In every rder passed by the Controller, the Appellate Authority or the Commissi ner under this Act, it may award cost to the person in whose favour th order is passed and the cost so awarded shal l include such sum as comp nsation for the expense, trouble and loss of t ime incurred in , or incidental to, the hearing of the case, as deemed just and reasonable.
( 1 ) The C mmissioner may, either of his own motion or on application made to h m in this behalf, revise any order passed by the Controller or by of orders of Controller, Appellate Authority and 39.
( 1 ) Every order of the Controller passed under this Act, where no appeal against s ch order has been preferred under sub-section ( 1 ) of section 36, every or er of the Appellate Authority on appeal under sub-section (2) of section 3 and every order of the Commissioner passed in revision under section 3 sha l l be executed by the Controller as if such orders were an order pa sed by such Controller.
(2) Tile ontroller, Appe l late Authority and the Commissioner , i n exercise of the po ers conferred upon it under this Act shall be treated as a Court under se t ions 1 9 5 and 340 of Criminal Procedure Code ( 1973 (Act 2 of 1974) a d any proceedings before it shal l be regarded· as jud ic ial proceedi gs under sections 1 9 3 and 228 of Indian Pena l Code .
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CHAPTER - VIII PENALTIES
40. Penalties ( 1 ) If any person contravenes any of the provrsrons of this Act, he shall except as otherwise provided in section 1 5 , be punishable with imprisonment for a term which may extend to two years or with fine or with both.
(2) Whoever fails to comply with any direction made or deemed to have been made under this Act shal l be punishable with imprisonment for a term which may extend to one year or fine or with both.
Provided that the Controller trying any offence under th is Act may order the whole or any part of the fine recovered to be applied to the payment to any person as compensation for any loss caused by the offence.
CHAPTER- IX MISCELLANEOUS 41 . Certified copies of orders and decisions of Controller, Appellate Authority and Commissioner Any person affected by any order of the Control ler or any decision of Appellate Authority on appeal or any order of the Commissioner in revision made or passed under this Act shall be entitled to be furnished with a coy thereof duly certified by the Controller, the Appellate Authority or the Commissioner as the case may be, to be a true copy on payment of such fee as may be prescribed; and such copy shal l be admissible as evidence in any Court of Law to prove the order of the Controller, the decision of the Appellate Authority on appeal or the order of the Commissioner on revision, as the case may be.
42. Decision which has become final not to be reopened The Controller shall summari ly reject any application which raises substantially the same issue as have been heard and final ly decided in a former proceeding under this Act between same parties under whom they or any of them claim.
43. Exemptions Notwithstanding anything in this Act, the Government may, by notification in the Official Gazette, exempt subject to such conditions and terms, if any, as they may specify in the notification, any building or class of buildings from operation of all or any of the provisions of this Act.
44. Protection of action taken under the Act ( 1 ) No suit , prosecution or other legal proceeding shal l l ie against any person for anything which is in good faith done or intended to be done in pursuance of any order made or deemed to have been made under th is Act.
57 wer to make Rules 46.
(2) No suit r other legal proceeding shall l ie against the Government for any damag which is in good faith done or intended to be done in pursuance f any order made or deemed to have been made under this . Act.
( 1 ) The Stat Government may make rules for carrying out the purposes of this Act. .
(2) In parti ular and without prejudice to the generality of the foregoing powers, su h rule may provide for all or any of the following maters, namely:
(a) th form, the manner and the time in which particulars of tenancy h ve to be filed before the Control ler under proviso to sub se tion 92) of section 4 ;
(b) th manner in which an application is made to the Controller to fix standard rent under section 1 2 ;
(c) th form in which receipt for payment of rent is issued by the la dlord under sub-section ( 1 ) of section 1 5 ;
(d) th manner of eviction of a person unauthorisedly in occupation of a bui ld ing by the Collector under sub-section (2) of section 1 9
(e) th manner of depositing rent under sub-section (5) of section 26• .
I
(f) the manner ofholding enquiry by the Controller under section 33 ;
(g) ch rging or remitting of costs and fees under this Act and fixing of the amount or the scale of such costs and fees;
(d) th manner of exercising the powers of revision by the Co missioner under section 37; and
(e) an other matter by this Act required or expressly or impl iedly aut orized to be prescribed.
46. Power to remove difficulties ( 1 ) If any difficulty arises in giving effect to the provisions of this Act, in consequ nee of the transition to the said provisions from the correspondi g provisions of the Act, which was in force immediately before the com me cement of th is Act, the Government may. by order in the Official Gaz tte , issue such orders or instructions as appear to them to be necessary o expedient for removing the diff iculty.
(2) If ny difficulty ar ises in giving effect to the provisions of this Act (otherwise t an in relation to the transition from the provis ions of the Act, which was i force immediately before the commencement of th is Act), the Government may: by order in the Official Gazette, make such orders or instructions, not inconsistent with the purposes of this Act, as appear to them to be necessary or expedient for removing the difficulty.
(3) The Provision of this Act shal l not affect the provrsions in Chhotanagp r Tenancy Act, 1908 and Santhal Pargana Tenancy Act, 1949 in any anner.
47. Repeal and Saving , ( 1 ) T h e B i h a r B u i l d i n g ( L e a s e, Rent a n d Eviction) C o n t r o l Act, 1 9 8 2 (Act N o . 4 of 1 9 8 3 ) i s hereby r e p e a l e d .
( 2 ) Notwithstanding s u c h repeal, a n y t h i n g d o n e o r a n y action taken i n exercise of any powers conferred by or u n d e r t h e aatd Act s h a l l be deemed to have been d o n e o r taken i n exercise of powers conferred by o r u n d e r t h i s Act as if t h i s Act were i n force on t h e day o n w h i c h s u c h t h i n g o r action was d o n e o r taken.
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