1 . Short title, Extent and Commencement

(1) This Act may be called the Jharkhand Building (Lease, Rent & Eviction) Control Act, 2011.

(2)This Act shall apply to the whole of the State of Jharkhand.

(3) It shall come into force on such date as the Government of Jharkhand may, by notification in the Official Gazette, appoint.

2. Definitions

In this Act, unless the context otherwise requires

(a) "Appellate Authority" means the Deputy Commissioner of the District in which the building is situated or any other officer specially empowered by the Government to perform the functions of an Appellate Authority.

(b "Building" means any building or hut or a part of the building or hut, let or to be let, separately for residential or non-residential purposes and includes - 

i. the garden, grounds/ open spaces and outhouses, if any, appurtenant to such building or hut or part of such building or hut, .and

ii. any furniture supplied by the landlord for use in such ,building or hut or part of such building or hut.

(c) "Commissioner" means Commissioner of the Division in which the building is situated.

(d) "Controller'' means the person appointed by the State Government under section 31 of the Act. 

(e) "Deputy Commissioner" means and the Deputy Commissioner of the District in which the building is situated.

(f) "Government" means the Government of Jharkhand.

(g) "Landlord" means the owner of the building · and includes a person who for the time being is receiving or is entitled to receive the rent of the building, whether on his own account or on behalf of another, or as an agent, trustee, executor, administrator, receiver, guardian or whoever so receives the rent, or entitled to receive the rent, if the building were let to a tenant.

(h) "Premium" means the mutually agreed amount paid by a tenant to the landlord at the time of agreement which does not exceed 2 months rent in the case of residential building and 12 months rent in the case of non-residential building; which should be refunded without interest while vacating the building

(i) "Prescribed" means prescribed by rules made under this Act;

(j) "Standard Rent" in relation to the building means the rent calculated under section 9.

(k) "State Government" means the Government of Jharkhand.

(I) "Tenant" means any person by whom or on whose account rent is payable for a building and includes

i. a person who occupies a building, as an employee of the landlord of such building either on payment of rent or otherwise.

ii the surviving spouse, or any son or unmarried daughter. or parent, or daughter-in-law, being the widow of predeceased son of a deceased tenant who had been living with the tenant in the building as a member of the family up to her/his death.

3. Act not to apply to certain buildings

The provisions of this Act shall not apply :-

(a) to any building belonging to the State Government or the Central Government, or Cantonment Board or any local authority; and

(b) to any building belonging to Jharkhand State Shwetamber Jain Trust Board or Jharkhand State Digamber Jain Trust Board or Wakf Board or Hindu Oharmik Nayas Board or any other Religious and Charitable Trusts or institution run by the Central or State government.

4. Tenancy Agreement to be In writing

(1) Notwithstanding anything contained in section 107 of the Transfer of Property Act, 1882 (Central Act 4 of 1882), no person shall, after the commencement of this Act let or take on rent any building except by an agreement in writing.

(2) here in relation to a tenancy created before the commencement of this A , and where no agreement in writing was entered into, the landlord a d the tenant shall enter into an agreement in writing with regard to the tenancy including the amount of rent and the period of tenancy; and deposit a copy therefore before the Controller concerned within two years as described in Sec 13C of this act.

Provided 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 shall 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. Inheritance to tenancy-

(1) In the event of death of a tenant, the right of tenancy shall devolve to his successor in the following 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 that the successor has ordinarily been living or carrying on business in the premises with the deceased tenant as a member of his family upto the date of her/his death and as dependent on the deceased tenant:

Provided also 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 agreement.

Provided further that a right to tenancy shall not devolve upon a successor in case such successor 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 death, whichever is earlier.

(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.

(3) Nothing in sub section (1) or sub section (2) shall apply to a non residential building 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;

(iii) 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.