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Sec 1 to 14 The Chhattisgarh Rent Control Act,2011

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The Chhattisgarh Rent Control Act, 2011

No. 19 of 2012

[Received the assent of the President on the Sth October, 2012 and Governor on the 23rd May, 2011, published in the Chhattisgarh Rajpatra (Asadharan) dated the 6th November, 2012.].

An Act to provide for adjudication of matters relating to rent by a Tribunal and to promote leasing of accommodation by balancing the interests of landlords and tenants.

Be it enacted by. the Chhattisgarh Legislature in the Sixty-second Year of the Republic of India, as follows :—

1. Short title, extent and commencement.—

(1) This Act may be called the Chhattisgarh Rent Control Act, 2011.

(2) It shall extent in first instance to such of the Municipal areas which are comprising the District Headquarters in the State and later on to such of the other Municipal areas or any areas within the State as the State Government may, by Notification in the Official Gazette, specify from time to time.

(3) It shall come into force from the date of its publication in the Official Gazette.

Notes

Applicability of the Act is two fold—firstly it applies to Municipal District Head Quarter, from 6-11-2012 and secondly it applies to areas which are notified. All those areas to which this Act has not been extended, Chhattisgarh Accommodation Control Act, 1961 will apply. Prakash Kumar v. Kanahiya Lal Agrawal and others, 2015(1) CG.L.R.W.

Similar Provision of the Repealed Act (No. 41 of 1961)

1. Short title, extent and commencement.—

(1) This Act may be called the Chhattisgarh Accommodation Control Act, 1961.

(2) It extends to the whole of Chhattisgarh.

(3) The Act shall, in the first instance, be in force in the areas specified in the First Scneduie. It shall come into force in other areas of the State on such dates as the State Government may, by notification, appoint and different dates may be appointed for different areas and for different provisions of the Act and thereupon the First Schedule shall be deemed to have been amended accordingly.

2. Definitions.—

In this Act, unless the context otherwise requires,—

(1) "Accommodation" means any building or part of a building, whether residential or non-residential, leased out by the landlord to the tenant and includes open space, staircase, grounds, garden, garage and all facilities and amenities forming part of the agreement between them of any land which is not being used for agricultural purposes;

(2) "Agreement" means the written agreement executed by the , - landlord and the tenant as required under this Act;

(3) "District" means the district as construed in Chhattisgarh Land Revenue Code, 1959;

(4) "Habitual Defaulter" means a tenant who fails in a period of 12 months on three or more occasions to pay in full the rent and all dues to the landlord on the due date in accordance with the agreement;

(5) "Landlord" means a person who for the time being is receiving or is entitled to receive, the rent of any accommodation, whether on his own account or on account of or on behalf of or for the benefit of any other person or as a trustee, guardian or receiver for any other person or who would so receive the rent or to be entitled to receive the rent, if the accommodations were let to a tenant;

(6) "Municipal area" means the Municipal area or Nagar Panchayat area as defined under Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956) or Chhattisgarh Municipalities Act, 1961 (No. 37 of 1961), as the case may be;

(7) "Notification" refers to the relevant notification of the Government as published in the Official Gazette;

(8) "Old Act" means the Chhattisgarh Accommodation Control Act,1961 (No. XLI of 1961) with all amending acts;

(9) "Rent" means the consideration payable by the tenant to the landlord against an accommodation;

(10) "Rent Controller" means the official so appointed under subsection (1) of Section 7 of the Act;

(11) "Rent Control Tribunal" means the body constituted under Section 6 (1) of the Act;

(12) "Repealed Act" refers to Chhattisgarh Accommodation Control Act, 1961 (No. XLI of 1961) with all amending acts up to the date of selective repeal vide Section 10 (1) of this Act;

(13) "Social Nuisance" means a tenant who frequently uses the accommodation to commit any or all of the acts listed in Serial No. 10 of the Schedule 4;

(14) "Tenant" means—

(i) the person by whom or on whose account or behalf rent is, or but for, a contract express or implied, would be payable for any accommodation to his landlord including the person who is continuing its possession after the termination of his tenancy otherwise than by an order or decree for eviction passed under the provisions of this Act; and

(ii) in the event of death of the person referred to in sub-clause

(i)-

(a) in case of accommodation let out for residential purposes, his surviving spouse, son, daughter, mother and father who had been ordinarily residing with him in such accommodation as member of his family up to his death;

(b) in case of accommodation let out for commercial or business purposes, his surviving spouse, son, daughter, mother and father who had been ordinarily carrying on business with him in such accommodation as member of his family up to his death.

Similar Provision of the Repealed Act (No. 41 of 1961)

2. Definitions.—

In this Act, unless the context otherwise requires,—

(a) "accommodation" means any building or part of a building, whether residential or non-residential and includes,—

(i) any land which is not being used for agricultural purposes;

(ii) garden, grounds, garages and out-houses, if any, appurtenant to such building or part of the building;

(iii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof;

(iv) any furniture supplied by the landlord for use in such building or part of building;

(b) landlord" means a person, who, for the time being, is receiving, or is entitled to receive, the rent of any accommodation, whether on his own account or on account of or on behalf of or for the benefit of, any other person or as a trustee, guardian or receiver for any other person or who would so receive the rent or be entitled to receive the rent, if the accommodation were let to a tenant and includes every person not being a tenant who from time to time derives title under a landlord;

(d) "lease" includes a sub-lease;

(e) "member of the family" in case of any person means the spouse, son,unmarried daughter, father, grandfather, mother, grandmother, brother, unmarried sister, paternal uncle, paternal uncle's wife or widow, or brother's son or unmarried daughter living jointly with, or any other relation dependent on him;

(f) "Rent Controlling Authority" means an officer appointed under section 28;

(g) "repealed Act" means the Madhya Pradesh Accommodation Control Act, 1955 (XXIII of 1955), repealed under section 51;

(h) standard rent" in relation to any accommodation means standard rent referred to in section 7 or where the standard rent has been increased under section 8, such increased rent;

(i) "tenant" means a person by whom or on whose account or behalf the rent of any accommodation is; or, but for a contract express or implied, would be payable for any accommodation and includes any person occupying the accommodation as a sub-tenant and also, any person continuing in possession after the termination of his tenancy whether before or after the commencement of this Act; but shall not include any person against whom any order or decree for eviction has been made.

3. Exemptions.—

Nothing in this Act shall apply to—

(1) Any accommodation belonging to or owned by any department of Government and/or Board and/or Corporation promoted by and / or owned by the Government.

(2) Any other building and/or category of building(s) specifically exempted in public interest by the Government through notification.

Similar Provision of the Repealed Act (No. 41 of 1961)

3. Act not to apply to certain accommodations.—

(1) Nothing in this Act shall apply to-

(a) accommodation which is the property of the Government;

(b) accommodation which is the property of a local authority used exclusively for non-residential purposes.

(2) The Government may, by notification, exempt from all or any of the provisions of this Act any accommodation which is owned by any educational, religious or charitable institution or by any nursing or maternity home, the whole of the income derived from which is utilised for that institution or nursing home or maternity home.

4. Tenancy Agreement.—

(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 accommodation except by an agreement in writing.

(2) Where, in relation to a tenancy created before the commencement of this Act,—

(a) an agreement in writing was already entered into shall be filed before the Rent Controller.

(b) no agreement in writing was entered into, the landlord and the tenant shall enter into an agreement in writing with regard to that tenancy and file the same before the Rent Controller;

Provided that where the landlord and the tenant fail to present jointly a copy of tenancy agreement under clause (a) or fail to reach an agreement under clause (b) such landlord and the tenant shall separately file the particulars about such tenancy.

(3) Every agreement referred to in sub-section (1) or required to be executed under sub-section (2) shall be in such format and in such manner and within such period as may be prescribed.

5. Rent to be as agreed.—

(1) The rent payable for any accommodation shall, subject to other provisions of this Act, be such as may be agreed upon between the landlord and the tenant and it shall not include the charges payable for amenities which may be agreed upon separately; and shall be payable accordingly.

(2) Unless agreed otherwise every tenant shall pay the rent by the fifteenth day of the month next following the month for which the rent is payable.

Similar Provision of the Repealed Act (No. 41 of 1961)

4. Provisions of the Chapter not to apply to certain accommodations for specified period.—

Nothing in this Chapter shall apply to any accommodation or part thereof, construction of which, was completed before or after the commencement of this Act, for a period of five years from the date on which completion of such construction was notified to the local authority concerned.

5. Rent in excess of standard rent not recoverable.—

(1) No tenant shall, notwithstanding any agreement to the contrary, be liable to pay to his landlord for the occupation of any accommodation any amount in excess of the standard rent of the accommodation.

(2) Any agreement for the payment of rent in excess of the standard rent shall be construed as if it were an agreement for the payment of the standard rent only.

6. Unlawful charges not to be claimed or received.—

(1) Subject to the provisions of this Act, no person shall claim or receive any rent in excess of the standard rent, notwithstanding any agreement to the contrary.

(2) No person shall, in consideration of the grant, renewal or continuance of a tenancy or sub-tenancy of any accommodation,—

(a) Claim or receive the payment of any sum as premium or pugree or claim or receive any consideration whatsoever, in cash or in kind, in addition to the rent; or

(b) Except with the previous permission of the Rent Controlling Authority, claim or receive the payment of any sum exceeding one month's rent of such accommodation as rent in advance.

(3) It shall not be lawful for the tenant or any other person acting or purporting to act on behalf of the tenant or a sub-tenant to claim or receive any payment in consideration of the relinquishment, transfer or assignment of his tenancy or sub-tenancy, as the case may be, of any accommodation.

(4) Nothing in this section shall apply to any payment made under an agreement by any person to a landlord for the purpose of financing the construction of the whole or part of any accommodation on the land belonging to, or taking on lease, by the landlord, if one of the conditions of the agreement is that the landlord is to let to that person the whole or part of the accommodation when completed for the use of that person or any member of his family:

Provided that such payment shall not exceed the amount of agreed rent for a period of five years of the whole or part of the accommodation to be let to such person.

(5) Any payment made under sub-section (4) shall be deemed to be the payment of rent in advance for such period from the commencement of the tenancy to which it is relatable.

7. Standard rent.—

"Standard rent" in relation to any accommodation means—

(1) where reasonable annual rent or fair rent has been fixed by a competent authority under the repealed Act or prior to the commencement of the repealed Act, as the case may be, by a competent authority under the enactment for the time being in force, such reasonable annual rent or fair rent;

(2) (i) where the accommodation was let out on or before the 1st day of January; 1948, and the reasonable annual rent,or fair rent has not been so fixed, the rent of that accommodation as shown in the Municipal Assessment Register or as was realised on the 1st day of January, 1948, whichever is less; or

(ii) where the accommodation was not let out on or before the 1st day of January, 1948, the rent of that accommodation as shown in the Municipal Assessment Register or as could be realised on the 1st day of January, 1948, whichever is less;

increased—

(a) in the case of a residential accommodation and accommodation used for education purposes, by thirty-five per cent of such rent;

(b) in the case of other accommodation, by seventy per cent of such rent; and

(c) in case the tenant is not liable to pay the municipal tax and there has been any increase in municipal tax subsequent to 1st day of January, 1948, by an amount equal to such increase:

Provided that the increase specified in paragraphs (a) and (b) shall be permissible only if the accommodation has been kept in good and tenantable repairs;

(3) in case of accommodation not falling under clause (1) or (2) above,—

(a) if the accommodation is separately assessed to municipal assessment, the annual rent according to such assessment plus fifteen percent thereon ;

(b) if only a part of the accommodation is so assessed, the proportionate amount of the annual rent for the whole accommodation according to such assessment plus fifteen percent thereon;

(i) the annual rent calculated with reference to the rent agreed upon between the landlord and the tenant when such accommodation .is first let out, and if it has not been so let out, to such amount for which it could be let out immediately after its construction was completed; or

(ii) the annual rent calculated on the basis of annual payment of an amount equal to 6-3/4 percent per annum of the aggregate amount of the actual cost of construction and the market price of the land comprised in the accommodation on the date of the commencement of the construction; whichever is less.

8. Lawful increase of standard rent in certain cases and recovery of other charges.—

(1) Where a landlord has, at any time, before the commencement of this Act with or without the approval of the tenant or after the commencement of this Act with the written approval of the tenant or of the Rent Controlling Authority, incurred expenditure for any improvement, addition or structural alteration in the accommodation not being expenditure on decoration or tenantable repairs necessary or usual for such accommodation, and the cost of that improvement, addition or alteration has not been taken into account, in determining the rent of the accommodation, the landlord may lawfully increase the standard rent per year by an amount not exceeding ten per cent of the rent payable, for the time being.

(2) Where a landlord pays in respect of the accommodation any charge for electricity or water consumed in the accommodation or any other charge levied by a local authority having jurisdiction in the area which is ordinarily payable by the tenant, he may recover from the tenant the amount so paid by him, but the landlord shall not save as provided in section 7, recover from the tenant whether by means of an increase in rent or otherwise, the amount of any tax on building or land imposed in respect of the accommodation occupied by the tenant:

Provided that nothing in this sub-section shall affect the liability of any tenant under an agreement, whether express or implied, to pay from time to time the amount of any such tax as aforesaid.

9. Notice of increase of rent.—

(1) Where a landlord wishes to increase the rent of any accommodation, he shall give the tenant notice of his intention to make the increase and in so far as such increase is lawful under this Act, it shall be due and recoverable only in respect of the period of the tenancy after the expiry of thirty days from the date on which the notice is given.

(2) Every notice under sub-section (1) must be in writing signed by or on behalf of the landlord and either be sent by registered post acknowledgment due to the tenant or be tendered or delivered personally to him, or to one of his family members or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the accommodation.

10. Rent Controlling Authority to fix standard rent, etc.—

(1) The Rent Controlling Authority shall, on an application made to it in this behalf, either by the landlord or by the tenant, in the prescribed manner, fix in respect of any accommodation—

(i) the standard rent in accordance with the provisions of section 7; or

(ii) the increase, if any, referred to in section 8.

(2) In fixing the standard rent of any accommodation or the lawful increase thereof, the Rent Controlling Authority shall fix an amount which appears to it to be reasonable having regard to the provisions of section 7 or section 8 and the circumstances of the case.

(3) In fixing the standard rent of any accommodation part of which has been lawfully sub-let, the Rent Controlling Authority may also fix the standard rent of the part sub-let.

(4) Where for any reason it is not possible to determine the standard rent of any accommodation on the principles set forth under section 7, the Rent Controlling Authority may fix such rent as would be reasonable having regard to the situation, locality and condition of the accommodation and the amenities provided therein and where there are similar or nearly similar accommodations in the locality, having regard also to the standard rent payable in respect of such accommodations.

(5) The standard rent shall be fixed for a tenancy of twelve months:

Provided that where the tenancy is from month to month or for any period less than a month, the standard rent for such tenancy shall bear the same proportion to the annual standard rent as the period of tenancy bears to twelve months.

(6) In fixing the standard rent of any accommodation under this section, the Rent Controlling Authority shall fix the standard rent thereof in an unfurnished state and may also determine an additional charge to be payable on account of any furniture supplied by the landlord and it shall be lawful for the landlord to recover such additional charge from the tenant.

(7) In fixing the standard rent of any accommodation under this section, the Rent Controlling Authority shall specify a date from which the standard rent so fixed shall be deemed to have effect:

Provided that in no case the date so specified shall be earlier than thirty days prior to the date of the filing of the application for the fixation of the standard rent.

11. Fixation of interim rent.—

If an application for fixing the standard rent or for determining the lawful increase of such rent is made under section 10, the Rent Controlling Authority shall, pending final decision on the application, make, as expeditiously as possible, a provisional order specifying the amount of the interim rent or lawful increase to be paid by the tenant to the landlord and''shall appoint the date from which such interim rent or lawful increase so specified shall be deemed to have effect.

6. Constitution of the Rent Control Tribunal.—

(1) The State Government shall by notification constitute, within thirty days of this Act, a Tribunal in terms of Article 323-B of the Constitution, to be called as Chhattisgarh Rent Control Tribunal, to give effect to the provisions of this Act, and for the adjudication or trial of any disputes, complaints, or offences with respect to rent, its regulation and control and tenancy issues including the rights, title and obligations of landlords and tenants.

Explanation.—

Matters relating to transfer of property and/or disputes regarding title over any property shall continue to be considered under relevant laws by the courts of law.

¹[(2) The State Government shall appoint the retired High Court Judge or retired District Judge as Chairman of the Rent Control Tribunal.]

²[(3) The Tribunal shall have such other members as the State Government may decide from time to time, but at any time, there shall be no less than 2 members.]

³[(3A) If the post of Chairman remains vacant for any reason, the State Government may appoint any member from the members as Executive Chairman.]

⁴[(4) The State Government shall appoint an officer as the Registrar of the Tribunal, who shall not be below the cadre of Civil Judge Class-I or the rank of Deputy Secretary to the State Government.]

(5) From the date, the Tribunal becomes functional, which date shall be published in the State Gazette, the jurisdiction of all courts, except the jurisdiction of the Supreme Court under Article 136 ¹[and High Court under Articles 226 and 227] of the Constitution, shall stand excluded in respect of all matters falling within the jurisdiction of the Tribunal:

Provided, however, that all cases pending before any court or authority immediately before the establishment of the Tribunal, shall continue to be processed under the old Act, as amended from time to time^-.

²[(6) The Tribunal shall have its headquarters at Raipur and the State Government may, by notification, fix such other places for hearing of matters by the Tribunal, as it deems fit.]

²[(7) The terms and conditions of the service of the Chairman and members of the Tribunal shall be such as may be prescribed by the State Government.]

NOTIFICATION

Notification No. F7-01/2013/32 dated the 31st January 2013.—In exercise of the powers conferred by sub-section (1) of Section 6 of the Chhattisgarh Rent Control Act, 2011 (No. 19 of 2012), the State Government, hereby, constitutes the Chhattisgarh Rent Control Tribunal in terms of sub-clause (h) of clause (2) of Article 323-B of the Constitution of India, to give effect to the provisions of the said Act and for-the adjudication or trial of any disputes, complaints or offences with respect to rent, and for the regulation and control of tenancy issues including the right, title and obligation of landlords and tenants.

(1. Substituted by C.G. Act No. 23 of 2020, w.e.f. 18-11-2020. Prior to substitution subsection (2) stood as under:—"(2) The State Government in consultation with the High Court shall appoint the Chairman of the Rent Control Tribunal, a retired Judge of the High Court or serving or retired District Judge not below the rank of Super Time Scale.".)

(2. Substituted by C.G. Act No. 23 of 2020, w.e.f. 18-11-2020. Prior to substitution subsection (3) stood as under:— "(3) The Tribunal shall have such members with such qualification, as the State Government may prescribe.".)

(3. Inserted by C.G. Act No. 23 of 2020, w.e.f. 18-11-2020.)

(4. Substituted by C.G. Act No. 3 of 2015, w.e.f. 7-1-2015. Prior to substitution sub-section (4) stood as under:— "(4) An officer not below the rank of Deputy Secretary to the State Government shall be Member-Secretary of the Tribunal.".)

(1. Inserted by C.G. Act No. 5 of 2016, w.e.f. 20-1-2016.)

(2. Added by C.G. Act No. 3 of 2015, w.e.f. 7-1-2015. ')

7. Establishment of Rent Controller.—

(1) For every district, the State Government shall appoint one or more officers not below the rank of a Deputy Collector, as Rent Controller with territorial jurisdiction as to be specified by the District Collector.

(2) Rent Controller shall be subordinate to the Rent Control Tribunal.

Similar Provision of the Repealed Act (No. 41 of 1961)

28. Appointment of Rent Controlling Authority.—

(1) The collector shall, with the previous approval of the State Government appoint an officer, not below the rank of Deputy Collector to be the Rent Controlling Authority for the area within his jurisdiction to which this Act applies.

(2) The Collector may, with the previous approval of the State Government, appoint, from amongst officers, not below the rank of a Deputy Collector, one or more Rent Controlling Authorities, as he deems fit to assist the Rent Controlling Authority appointed under sub-section (1).

8. Powers and functions of Rent Control Tribunal.—

(1) The Rent Control Tribunal, shaHltave such powers as the Government may by notification vest in it, which sha'IHnclude the following :—

(a) Enabling and ensuring the active existence of Rent Controller(s) at all times for due fulfillment of the purposes of this Act.

(b) Functioning as Appellate Authority, to consider applications of all person(s) aggrieved by any order of the Rent Controller.

Explanation.-

The Rent Control Tribunal shall exercise such powers as was exercised by the High Court in adjudicating matters under the repealed Act.

(2) The Rent Control Tribunal shall have powers to punish for contempt of its authority, as if it were a High Court.

NOTIFICATION

Notification No. F 7-1/2013/32 dated the 12th December, 2014.—In exercise of the powers conferred by sub-section (1) of Section 8 of Chhattisgarh Rent Control Act, 2011 (No. 19 of 2011), the State Government, hereby, confers the power on the Rent Control Tribunal, as specified in Section 8 of the Act.

9. Powers and functions of Rent Controller.—

(1) The Rent Controller shall exercise such powers, perform such functions and discharge such responsibilities within its territorial jurisdiction, as the Government may by notification vest in him, which shall include the following :—

(a) Reconciling dispute(s) between landlord and tenant.

(b) Securing the rights of landlords and tenants as available to them under this Act.

(2) All proceedings before the Rent 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.

NOTIFICATION

Notification No. F 7-1/2013/32 dated the 12th December, 2014.—In exercise of the powers conferred by sub-section (1) of Section 9 of Chhattisgarh Rent Control Act, 2011 (No. 19 of 2011), the State Government, hereby, confers the power on the Rent Controller as specified in Section 9 of the Act.

10. Procedure to be followed by Rent Controller(s) and Rent Control rnbunal.—

(1) The Rent Controller and the Rent Control Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (Central Act 5 of 1908), but shall be guided by the principle of natural justice and subject to other provisions of this Act or the Rules made thereunder and shall have powers to regulate their own procedure, and for the purpose of discharging their functions under this Act they shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) while trying a suit or an appeal in respect of following matters, namely:-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(d) issuing commissions for the examination of witnesses or documents;

(e) dismissing petition for default or deciding it ex-parte;

(f) setting aside any order of dismissal of any petition for default or any order passed by it ex-parte;

(g) bringing legal representatives on record; and

(h) any other matter as may be prescribed.

(2) Rent Control Tribunal shall not grant any adjournment without written application and recording the reasons therefor in writing.

(3) Any proceeding before the Rent Control Tribunal or Rent Controller shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 and for the purpose of Section 196 of the Indian Penal Code, 1860 (Central Act 45 of 1860) and the Rent Controller shall be deemed to be a Civil Court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

Similar Provision of the Repealed Act (No. 41 of 1961)

29. Powers of Rent Controlling Authority.—

(1) The Rent Controlling Authority shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (V of 1908), in any proceeding before it in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(d) any other matter which may be prescribed;

and any proceeding before the Rent Controlling Authority shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code, 1860 (XLV of 1860), and the Rent Controlling Authority shall be deemed to be a Civil Court within the meaning of section 480 and section 482 of the Code of Criminal Procedure, 1898 (V of 1898).

(2) For the purposes of holding any inquiry or discharging any duty under this Act, the Rent Controlling Authority may,—

(a) after giving not less than twenty-four hours' notice in writing, enter and inspect any accommodation at any time between sunrise and sunset; or

(b) by written order, require any person to produce for his inspection, all such accounts, books or other documents relevant to the inquiry at such time and at such place as may be specified in the order.

30. Procedure to be followed by Rent Controlling Authority.—

(1) No order which prejudicially affects any person shall be made by the Rent Controlling Authority under this Act without giving him a reasonable opportunity of showing cause against the order proposed to be made and until his objections, if any, and any evidence he may produce in support of the same, have been considered by the Rent Controlling Authority.

(2) In all proceedings before it, the Rent Controlling Authority shall consider the question of costs and award such costs to or against any party as the Rent Controlling Authority considers reasonable.

33. Amendment of orders.—

Clerical or arithmetical mistakes in any order passed by a Rent Controlling Authority or the Judge or errors arising therein from any accidental slip or omission may, at any time, be corrected by the Rent Controlling Authority or the Judge on an application received in this behalf from any of the parties or otherwise.

34. Rent Controlling Authority to exercise powers of Magistrate for recovery of fine—

Any fine imposed by a Rent Controlling Authority under this Act shall be paid by the person fined, within such time as may be allowed by the Rent Controlling Authority and the Rent Controlling Authority may, for good and sufficient reason, extend the time, and in default of Such payment, the amount shall be recoverable as a fine under the provisions of the Code of Criminal Procedure, 1898 (V of 1898), and the Rent Controlling Authority shall be deemed to be a Magistrate under the said Code for the purposes of such recovery.

48. Rent Controlling Authority to be public servant.—

The Collector, the Rent Controlling Authority or the officer authorised by the Collector under sub-section (1) of Section 39 shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code, 1860 (XLV of 1860).

49. Protection of action taken in good faith.—

No suit, prosecution or other legal proceeding shall lie against the Collector, the Rent Controlling Authority or the officer authorised by the Collector under sub-section (1) of section 39 in respect of anything which is in good faith done or intended to be done in pursuance of this Act.

11. Execution of the Order.—

(1) The Rent Controller shall, on application of any party, execute, in the manner prescribed, a final order or any other order passed under this Act by adopting any one or more of the following modes, namely :—

(a) attachment and sale of the movable or immovable property of the opposite party;

(b) arrest and detention of the opposite party;

(c) attachment of any one or more bank accounts of the opposite party and satisfaction of the amount of order to be paid from such account;

(d) attachment of salary and allowance of a Government Servant or • employee of any Nationalized Bank, Local Authority, Corporation, Government Company;

(e) appointing any advocate as Commissioner on such remuneration as may be fixed or deputing any officer of the Tribunal or local administration or local body for execution of the order;

(f) delivery of possession of the premises to the applicant.

(2) The Controller may, in order to execute the final order or any other order passed under this Act require the help from the local administration or local body or the police.

(3) If the tenant does not vacate the premises within three months of the date of issue of certificate for recovery of the possession, he shall be liable, from the date of issue of certificate for recovery of possession to pay mesne profits at the rate of 2 times the rent in case of accommodations let out for residential purposes, at the rate of 3 times the rent in case of accommodations let out for commercial purposes and at the rate of 3 times the rent in case certificate for recovery of immediate possession has been issued.

(4) The Rent Controller shall conduct the execution proceedings in relation to a final order or any other order passed under this Act in summary manner and dispose of the application for execution made under this section within forty five days from the date of service of notice on opposite party.

Explanation.—

Filing of an appeal or other proceeding against the order of issue of certificate for recovery of possession or immediate possession will not save the tenant from his liability to pay mesne-profits, at the rates specified under sub-section (3), unless specifically ordered otherwise by the Appellate Rent Controller or the Court before which such an order is under challenge and if the order of issue of recovery certificate is finally maintained, the tenant shall be liable to pay mesne-profits at the rates specified under sub-section (3) from the date on which the recovery certificate was initially issued.

Similar Provision of the Repealed Act (No. 41 of 1961)

35. Rent Controlling Authority to exercise powers of Civil Court for execution of other order.—

Save as otherwise provided in section 34, an order made by the Rent Controlling Authority or an order passed in appeal under this Chapter or in a revision under Chapter III-A shall be executable by the Rent Controlling Authority as a decree of a Civil Court and for this purpose, the Rent Controlling Authority shall have all the powers of a Civil Court.

36. Finality of order.—

Save as otherwise expressly provided in this Act, every order made by the Rent Controlling Authority shall, subject to decision in appeal, be final and shall not be called in question in any original suit, application or execution proceeding.

46. Abetment of contravention punishable as contravention.—

Any person who attempts to contravene or abets the contravention of any order passed or deemed to have been passed under this Act shall be deemed to have contravened that order.

47. Liability of contravention incase of company, firm etc.—

If the person, who contravenes any order made or deemed to have been made under this Act is a company, partnership, firm or other body corporate, every director, partner, manager, secretary or other officer or agent thereof shall, unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention.

12. Rights and Obligations of Landlords and Tenants.—

(1) Every tenant shall have rights according to Schedule 1. The Tribunal and Rent Controller(s) shall act at all times to secure to the tenant these rights.

(2) Every landlord shall have rights according to Schedule 2. The Tribunal and Rent Controller shall act at all times to secure to the landlord these rights :

Provided that—

(a) In case of any clash of interests of the landlord and the tenant, and/or any point of doubt in respect of matters relating to rent, the benefit thereof shall be granted to the tenant.

(b) In case of any clash of interests of the landlord and the tenant, and/or any point of doubt in respect of matters relating to returning possession of the accommodation to the tenant, benefit thereof shall be granted to the landlord.

(3) Every landlord shall have obligations according to Schedule 3. The Tribunal and Rent Controller(s) shall act at all times to enforce upon the landlord these obligations.

(4) Every tenant shall have obligations according to Schedule 4. The Tribunal and Rent Controller(s) shall act at all times to enforce upon the tenant these obligations.

(5) Any willful attempt or act by the landlord to undermine or deny to the tenant the rights available to him in terms of Schedule 1 shall constitute an offence under this Act, punishable with fine not exceeding Rs. 5,000 or simple imprisonment for a period not exceeding three months or both.

(6) Any willful attempt or act by the tenant to undermine or deny to the landlord the rights available to him in terms of Schedule 2 shall constitute an offence under this Act, punishable with fine not exceeding Rs. 5,000 or simple imprisonment for a period not exceeding three months or both.

(7) Any attempt by the landlord to neglect for unsubstantial and/or insufficient reasons the obligations enjoined upon him in terms of Schedule 3 shall constitute an offence under this Act, punishable with fine not exceeding Rs. 5,000 or simple imprisonment for a period not exceeding three months or both.

(8) Any attempt by the tenant to neglect for unsubstantial and/or insufficient reasons the obligations enjoined upon him in terms of Schedule 4 shall constitued an offence under this Act, punishable with fine not exceeding Rs. 5,000 or simple imprisonment for a period not exceeding three months or both.

Similar Provision of the Repealed Act (No. 41 of 1961)

43. Penalties.—

(1) If any person receives any rent in excess of the standard rent as specified in clause (1) of Section 7 or as fixed by the Rent Controlling Authority under section 10, he shall be punishable with simple imprisonment for a term which may extend to three months, or with fine which may extend to a sum which exceeds the unlawful charge claimed or received in excess of the standard rent by one thousand rupees, or with both.

(2) If any person contravenes any of the provisions of sub-section (2) or sub-section (3) of section 6, he shall be punishable with simple imprisonment for a term which may extend to six months, or with fine which may extend to a sum which exceeds the amount or value of unlawful charge claimed or received under the said sub-section (2) or subsection (3), as the case may be, by five thousand rupees, or with both.

( 3) If any tenant sub-lets, assigns or otherwise parts with the possession of the whole or part of any accommodation in contravention of the provisions of clause (b) of subsection (1) of section 12, he shall be punishable with fine which may extend to one thousand rupees.

(3-a) If any landlord re-lets or transfers the whole or any part of any accommodation in contravention of the provisions of sub-section (1) or sub-section (2) of section 17, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, which may extend to one thousand rupees, or with both.

(4) If any landlord re-lets or transfers the whole or any part of any accommodation in contravention of the provisions of sub-section (3) or sub-section (4) of section 23-G, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, which may extend to one thousand rupees or with both.

(5) If any landlord contravenes the provisions of sub-section (1) of section 38, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

(6) If any person contravenes the provisions of sub-section (1) or sub-section (2) of section 39 or of sub-section (2) of section 40-A he shall be punishable with simple imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

13. Appeal.—

(1) Notwithstanding anything to the contrary contained in this Act, a landlord and/or tenant aggrieved by any order of the Rent Controller shall have the right to appeal in the prescribed manner within the prescribed time to the Rent Control Tribunal.

(2) (1. Omitted by C.G. Act No. 6 of 2021, w.e.f. 10-3-2021. Prior to omission sub-section (2) stood as under:— "(2) Appeal against an order of the Rent Control Tribunal shall he with the Supreme Court.".)

Similar Provision of the Repealed Act (No. 41 of 1961)

31. Appeal to District Judge or Additional District Judge—

(1) An appeal shall lie from every order of the Rent Controlling Authority made under this Act to the District Judge or an Additional District Judge having territorial jurisdiction (hereinafter referred to as the Judge) and the decision of the appellate court shall be final.

(2) An appeal under sub-section (1) shall be preferred within thirty days from the date of the order made by the Rent Controlling Authority :

Provided that in computing the period of thirty days the period requisite for obtaining a copy of the order shall be excluded:

Provided further that the Judge may for sufficient reasons allow an appeal after the expiry of the said period.

32. Second appeal—

A second appeal shall lie against any order passed in first appeal under section 31 on any of the following grounds and no other, namely:-

(i) that the decision is contrary to law or usage having the force of law; or

(ii) that the decision has failed to determine some material issue of law; or

(iii) that there has been a substantial error or defect in the procedure as prescribed by this Act, which may possibly have produced error or defect in the decision of the case upon merits.

2[13-A. Power to make rules.—

(1) The State Government may, by notification in the Official Gazette, make Rules to carry out all or any of the purposes of this Act.

(2) Every Rule made under this Act shall be laid as soon as may be after it is made before the House of the State Legislature while it is in session, for a total period of thirty days, which may be comprised in one session or two or more successive sessions and if, before the expiry of the session in which it is so laid or the session, immediately following, the House agrees in making any modification to the Rule or the House agrees that the Rule should not be made, as the case may be, and notifies such decision in the Official Gazette, the Rule shall from the date of publication of such notification have effect only in such modified form or be of no effect, as the case may be, however any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that Rule.] (1. Inserted by C.G. Act No. 3 of 2015, w.e.f. 7-1-2015.)

Similar Provision of the Repealed Act (No. 41 of 1961)

50. Power to make rules.—

(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—

(a) the form and manner in which, and the period within which, an application may be made to the Rent Controlling Authority;

(b) the manner in which a Rent Controlling Authority may hold an inquiry under this Act;

(d) the manner of service of notices under this Act;

(e) any other matter which has to be, or may be, prescribed.

(3) All rules made under this section shall be laid on the table of the Assembly.

14. Repeal and Savings.—

(1) On this Act, becoming law, through notification in the Official Gazette, the Chhattisgarh Accommodation Control Act, 1961 (No. XLI of 1961) in its application to the State of Chhattisgarh is hereby repealed.

(2) The repeal under sub-section (1) shall not affect the previous operation of this enactment so repealed and anything done or action taken or deemed to have been done or taken (including any appointment or delegation made, notification, order, direction or notice issued, or rules made), by or under the provisions of the repealed enactment shall, so far as it is not inconsistent with provisions of this Act, be deemed to have been done or taken under the provisions of this Act and shall continue in force unless and until suspended by anything done or any action taken under this Act.

Similar Provision of the Repealed Act (No. 41 of 1961)

51. Repeal and savings.—

(1) The Madhya Pradesh Accommodation Control Act, 1955 (XXIII of 1955) is hereby repealed.

(2) Notwithstanding such repeal, all suits and other proceedings under the said Act, pending at the commencement of this Act, before any court or other authority shall be continued and disposed of in accordance with the provisions of the said Act as if the said Act had continued in force and this Act had not been passed and the provisions for appeal under the said Act shall continue in force in respect of suit and proceedings disposed of thereunder subject, however, to the condition that no court fee, shall be deducted by the Court as required by sub-section (3) of section 5 of the said Act.

SCHEDULE 1

[See Section 12 (1) of the Act]

Tenant's Rights available under the Act

1. Right to receive, at the commencement of tenancy, a copy of the agreement.

2. Right to receive receipt against payments made to the landlord, either by way of security deposit, rent or any other.

3. Right to receive accommodation in a good and tenantable state before occupation.

4. Right to enjoy quiet possession of the accommodation, subject to regular payment of rent, and subject to use of the accommodation for the purpose(s) for which it was leased.

Provided in the event of death or mental incapacitation of the tenant, his widow / wife shall automatically be deemed to be the tenant, subject to her endorsing, through a supplemental agreement, to take upon herself, the rights and obligations contained in the agreement executed by her husband.

5. Right to all facilities and amenities forming part of the accommodation, in a working and functional manner.

6. Right to routine annual upkeep and facelift of the accommodation by the landlord, or right to get the annual upkeep work done against reimbursement of actual expenses by the landlord, subject to such reimbursement not exceeding one month's rent after every block of eleven months of occupancy.

7. Guarantee against any willful cutting off of essential supplies like water and electricity by the landlord or his agent(s).

8. Security of tenancy, subject to non-impingement upon the rights of the landlords included in Schedule 2.

Similar Provision of the Repealed Act (No. 41 of 1961)

24. Receipt to be given for rent paid.—

(1) Every tenant shall pay rent within the time faxed by contract or in the absence of such contract, by the fifteenth day of the month next following the month for which it is payable.

(2) Every tenant who makes a payment of rent to his landlord shall be entitled to obtain forthwith from the landlord or his authorised agent, a written receipt for the amount paid to him, signed by the landlord or his authorised agent.

(3) If the landlord or'his authorised agent refuses or neglects to deliver to the tenant a receipt referred to in sub-section (2), the Rent Controlling Authority may, on an application made to it in this behalf by the tenant within two months from the date of payment and after hearing the landlord or his authorised agent, by order direct the landlord or his authorised agent, to pay to the tenant by way of damages, such sum not exceeding double the amount of rent paid by the tenant and the costs of the application, and shall also grant a certificate to the tenant in respect of the rent paid.

25. Deposit of rent by tenant.—

(1) Where the landlord does not accept any rent tendered by the tenant within the time referred to in section 24 or refuses or neglects to deliver a receipt referred to therein or where there is a bonafide doubt as to the person or persons to whom the rent is payable, the tenant may deposit such rent with the Rent Controlling Authority in the prescribed manner and such deposit of rent shall be a full discharge of the tenant from the liability to pay rent to the landlord.

(2) The deposit shall be accompanied by an application by the tenant containing the following particulars, namely :—

(a) the accommodation for which the rent is deposited with a description sufficient for identifying the accommodation;

(b) the period for which the rent is deposited;

(d) the reasons and circumstances for which the application for depositing the rent is made;

e) such other particulars as may be prescribed.

(3) On such deposit of the rent being made, the Rent Controlling Authority shall send in the prescribed manner a copy or copies of the application to the landlord or persons claiming to be entitled to the rent with an endorsement of the date of the deposit.

(4) If an application is made for the withdrawal of any deposit of rent, the Rent Controlling Authority shall, if satisfied that the applicant is the person entitled to receive the rent deposited, order the amount of the rent to be paid to him in the manner prescribed and such payment of rent shall be a full discharge of the Rent Controlling Authority from all liability to pay rent to the landlord:

Provided that no order for payment of any deposit of rent shall be made by the Rent Controlling Authority under this sub-section without giving all persons named by the tenant in his application under sub-section (2), as claiming to be entitled to payment of such rent, an opportunity of being heard and such order shall be without prejudice to the rights of such persons to receive such rent being decided by a court of competent jurisdiction.

(5) If at the time of filing the application under sub-section (4), but not after the expiry of thirty days from receiving the notice of deposit, the landlord or the person or persons claiming to be entitled to the rent complains or complain to the Rent Controlling Authority that the statements in the tenant's application of the reasons and circumstances which led him to deposit the rent are untrue, the Rent Controlling Authority, after giving the tenant an opportunity of being heard, may levy on the tenant a fine which may extend to an amount equal to two months' rent, if the Rent Controlling Authority is satisfied that the said statements were materially untrue and may order that a sum out of the fine realised be paid to the landlord as compensation.

(6) The Rent Controlling Authority may, on the complaint of the tenant and after giving an opportunity to the landlord of being heard, levy on the landlord a fine which may extend to an amount equal to two months' rent, if the Rent Controlling Authority is satisfied that the landlord, without any reasonable cause, refused to accept rent though tendered to him within the time referred to in section 24 and may further order that a sum out of the fine realised be paid to the tenant as compensation.

26. Time limit for making deposit and consequences of incorrect particulars in application for deposit.—

(1) No rent deposited under section 25 shall be considered to have been validly deposited under that section, unless the deposit is made within twenty- one days of the time referred to in section 24 for payment of the rent.

(2 ) No such deposit shall be considered to have been validly made, if the tenant wilfully makes any false statement in his application fbrdepdSiting the rent, unless the landlord has withdrawn the amount deposited before the date of filing an application for the recovery of possession of the accommodation from the tenant.

(3) If the rent is deposited within the time mentioned in sub-section (1) and does not cease to be a valid deposit for the reason mentioned in sub-section (2), the deposit shall constitute payment of rent to the landlord, as if the amount deposited had been validly tendered.

27. Saving as to acceptance of rent and forfeiture of rent in deposit.—

(1) The withdrawal of rent deposited under section 25 in the manner provided therein shall not operate as an admission against the person withdrawing it of the correctness of the rate of rent, the period of default, the amount due, or of any other facts stated in the tenant's application for depositing the rent under the said section.

(2) Any rent in deposit which is not withdrawn by the landlord or by the person or persons entitled to receive such rent shall be forfeited to Government by an order made by the Rent Controlling Authority, if it is not withdrawn before the expiration of five years from the date of posting of the notice of deposit.

(3) Before passing an order of forfeiture, the Rent Controlling Authority shall give notice to the landlord or the person or persons entitled to receive the rent in deposit by registered post acknowledgment due at the last known address of such landlord or person or persons and shall also publish the notice in his office, and if the amount of rent exceeds hundred rupees, shall also publish it in any local newspaper.

SCHEDULE 2

[See Section 12 (2) of the Act]

Landlord's Rights available under the Act

1. Security of title over accommodation, irrespective of the period of the tenant's tenancy.

2. Right to demand and receive security deposit for an amount not exceeding three months rent.

3. Right to receive rent regularly on or before the due date, in the manner agreed to in the agreement.

4. Right to receive annual increment in rent according to the Agreement, which rate shall not exceed 5% in cases where monthly rent is Rs. 2000/- or less; and 10% in all other cases.

5. Right to demand and receive amounts corresponding to any increase in i the cost of utilities like electricity, water, etc. enjoyed by the tenant.

6. Right to inspect the accommodation during daytime, with prior appointment of the tenant, in the presence of the tenant or any male adult member of his family, known to reside with him.

7. Right to add and/or improve and/or expand accommodation and/or increase amenities. Provided, however, that if the addition/expansion was done without concurrence of the tenant, the landlord shall not have right to enforce increased rent.

8. Right to undertake routine annual upkeep of the accommodation at a time suitable to him, or, to allow to the tenant the option to do the routine annual upkeep of the accommodation, against reimbursement of expenses, subject to such reimbursement not exceeding one month's rent.

9. Right to make application to the Rent Controller seeking revision in rent and/or security deposit at any point of time on justifiable and substantial grounds.

10. Right to apply to the Rent Controller seeking fair compensation from the tenant for damages caused to the accommodation, wilfully, negligently, or otherwise attributable to the tenant.

11. Right to seek from the Rent Controller eviction of the tenant on the following grounds:

(a) If the tenant is a habitual defaulter in payment of rent and/or other dues.

(b) If the tenant causes, or allows to be caused, substantial damage to the accommodation, for any reason whatsoever.

(d) If the tenant becomes a social nuisance.

(e) If the tenant is convicted under any section of the Indian Penal Code. •

(f) For carrying out major renovation work which is not possible with the tenant housed in.

(g) On 3 months notice to the tenant in writing, if the accommodation is required for own occupation and/or occupation by any member of the family including spouse, parent(s), son(s), daughter, daughter(s)-in-law, son(s)-in-law.

(h) On 6 months notice to the tenant in writing, without any obligation to assign any reason, but on the condition that the accommodation will not be leased out at a higher rent for atleast 12 months thereafter:

Provided, however, that in case of the following special categories of landlords and/or their spouse desiring the accommodation back for own use, the period of notice shall be one month: current or retired government servants, widows, personnel of the armed forces, persons coming to physical or mental handicap, and senior citizens (above the age of 65 years).

12. Right to receive back the accommodation at the end of the tenancy in a shape and condition as good as it was at the start of tenancy, granting allowance for reasonable weathering and aging.

Similar Provision of the Repealed Act (No. 41 of 1961)

12. Restriction on eviction of tenants.—

(1) Notwithstanding anything to the contrary contained in any other law or contract, no suit shall be filed in any civil Court against a tenant for his eviction from any accommodation except on one or more of the following grounds only, namely :—

(a) that the tenant has neither paid nor tendered the whole of the arrears of the rent legally recoverable from him within two months of the date on which a notice of demand for the arrears of rent has been served on him by the landlord in the prescribed manner ;

(b) that the tenant has, whether before or after the commencement of this Act, unlawfully sub-let, assigned or otherwise parted with the possession of the whole or any part of the accommodation for consideration or otherwise ;

(c) that the tenant or any person residing with him has created a nuisance or has done any act which is inconsistent with the purpose for which he was admitted to the tenancy of the accommodation, or which is likely to affect adversely and substantially the interest of the landlord therein:

Provided that the use by a tenant of a portion of the accommodation as his office shall not be deemed to be an act inconsistent with the purpose for which he was admitted to the tenancy ;

(d) that the accommodation has not been used without reasonable cause for which it was let, for a continuous period of six months immediately preceding the date of the filing of the suit for the recovery of possession thereof;

(e) that the accommodation let for residential purposes is required bona fide by the landlord for occupation as a residence for himself or for any member of his family, if he is the owner thereof, or for any person for whose benefit the accommodation is held and that the landlord or such person has no other reasonably suitable residential accommodation of his own in his occupation in the city or town concerned ;

(f) that the accommodation let for non-residential purposes is required bona fide by the landlord for the purpose of continuing or starting his business or that of any of his major sons or unmarried daughters if he is the owner thereof or for any person for whose benefit the accommodation is held and that the landlord or such person has no other reasonably suitable non-residential accommodation of his own in his occupation in the city or town concerned;

(g) that the accommodation has become unsafe, or unfit for human habitation and is required bona fide by the landlord for carrying out repairs which cannot be carried out without the accommodation being vacated ;

(h) that the accommodation is required bona fide by the landlord for the purpose of building or re-building or making thereto any substantial additions or alterations and that such building or re-building or alterations cannot be carried out without the accommodation being vacated ;

(i) that the tenant has, whether before or after the commencement of this Act, built, acquired vacant possession of, or, been allotted an accommodation suitable for his residence ;

(j) that the accommodation was let to the tenant for use as a residence by reason of his being in the service or employment of the landlord, and that the tenant has ceased, whether before or after the commencement of this Act, to be in such service or employment ;

(k) that the tenant has, whether before or after the commencement of this Act, caused or permitted to be caused substantial’ damage to the accommodation ;

(l) that the tenant has given written notice to quit and in consequence of that notice, the landlord has contracted to sell the accommodation or has taken any other step as a result of which his interests would seriously suffer if he is not put in possession of that accommodation ;

(m) that the tenant has, without the written permission of the landlord, made or permitted to be made, any such construction as has materially altered the accommodation to the detriment o‘f the landlord's interest or is likely to diminish its value substantially ;

(n) in the case of accommodation which is open land, that the landlord requires it for constructing a house on it;

(o) that the tenant has without the written permission of the landlord also taken possession of such portion or portions of accommodation which is not included in the accommodation let to him and which the tenant has not vacated in spite of a written notice of the landlord in that behalf;

(p) that the tenant has been convicted under any law for the time being in force of an offence of using the building or allowing the building to be used for immoral or illegal purposes.

(2) No order for the eviction of tenant in any proceeding under sub-section .(1) shall be binding on any sub-tenant referred to in section 15 who has given notice of his subtenancy to the landlord under the provisions of that section, unless the sub-tenant is made a party to the proceeding and the order for eviction is made binding on him.

(3) No order for the eviction of a tenant shall be made on the ground specified in clause (a) of sub-section (1), if the tenant makes payment or deposit as required by section 13:

Provided that no tenant shall be entitled to the benefit under this sub-section, if, having obtained such benefit once in respect of any accommodation, he again makes a default in the payment of rent of that accommodation for three consecutive months.

(4) Where a landlord has acquired any accommodation by transfer, no suit for the eviction of tenant shall be maintainable under sub-section (1) on the ground specified in clause (e) or clause (f) thereof, unless a period of one year has elapsed from the date of the acquisition.

(5) Where an order for the eviction of a tenant is made on the ground specified in clause (e) of sub-section (1), the landlord shall not be entitled to obtain possession thereof before the expiration of a period of two months from the date of the order.

(6) Where an order for the eviction of a tenant is made on the ground specified in clause (f) of sub-section (1), the landlord shall not be entitled to obtain possession thereof—

(a) before the expiration of a period of two months from the date of the order; and

(b) if the accommodation is situated in cities of Gwalior (including Lashkar and Morar), Indore, Ujjain, Ratlam, Bhopal, Jabalpur, Raipur, Durg or such other town's or cities specified by the State Government by a notification in that behalf, unless the landlord pays to the tenant such amount by way of compensation as may be equal to—

(i) double the amount of the annual standard rent of the accommodation in the following cases, namely :—

(a) where the accommodation has, for a period of ten years immediately preceding the date on which the landlord files a suit for possession thereof, been used for business purposes or for any other purpose alongwith such purposes, by the tenant who is being evicted ;

(b) where during the aforesaid period of ten years, the tenant carrying on any business in the accommodation has left it, and the tenant immediately succeeding has acquired the business of his predecessor either through transfer or inheritance;

(ii) the amount of the annual standard rent in other cases.

(7) No order for the eviction of a tenant shall be made on the ground specified in clause (h) of sub-section (1), unless the Court is satisfied that the proposed reconstruction will not radically alter the purpose for which the accommodation was let or that radical alteration is in the public interest, and that the plans and estimates of such reconstruction have been properly and that necessary funds for the purpose are available with the landlord.

(8) No order for the eviction of a tenant shall be made on the ground specified in clause (j) of sub-section (1), if any, dispute as to whether the tenant has ceased to be in the service or employment of the landlord is pending before any authority competent to decide such dispute.

(9) No order for the eviction of a tenant shall be made on the ground specified in clause (k) of sub-section (1), if the tenant, within such time as may be specified in this behalf by the Court, carries out repairs to the damage caused to the satisfaction of the Court or pays to the landlord such amount by way of compensation as the Court may direct.

(10) No order for the eviction of a tenant shall be made on the ground specified in clause (m) of sub-section (1), if the tenant within such time as may be specified in this behalf by the Court restores the accommodation to its original condition or pays to the landlord such amount by way of compensation as it may direct.

(11) No order for the eviction of a tenant shall be made on the ground specified in clause (o) of sub-section (1), if the tenant within such time as may be specified in this behalf by the Court vacates the portion or portions of accommodation not let to him and pays to the landlord such amount by way of compensation as it may direct.

13. When tenant can get benefit of protection against eviction.—

(1) On a suit or any other proceeding being instituted by a landlord on any of the.grounds referred to in section 12 or in any appeal or any other proceeding by a tenant against any decree or order for his eviction, the tenant shall, within one month of the service . f writ of summons or notice of appeal or of any other proceeding, or within one month of institution of appeal or any other proceeding by the tenant, as the case may be, or within such further time as the Court may on an application made to it allow in this behalf, deposit in the Court or pay to the landlord, an amount calculated at the rate of rent at which it was paid, for the period for which the tenant may have made default incluaing the period subsequent thereto up to the end of the month previous to that in which the deposit or payment is made; and shall thereafter continue to deposit or pay, month by month by the 15th of each succeeding month a sum equivalent to the rent at that rate till the decision of the suit, appeal or proceeding, as the case may be.

(2) If in any suit or proceeding referred to in sub-section (1), there is any dispute as to the amount of rent payable by the tenant, the court shall, on a plea made either by landlord or tenant in that behalf which shall be taken at the earliest opportunity during such suit or proceeding, fix a reasonable provisional rent, in relation to the accommodation, to be deposited or paid in accordance with the provisions of sub-section(1)and no Court shall, save for reasons to be recorded in writing, entertain any plea on this account at any subsequent stage.

(3) 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 Court may direct the tenant to deposit with the Court the amount payable by him under sub-section (1) or sub-section (2), and in such a case, no person shall be entitled to withdraw the amount in deposit until the Court decides the dispute and makes an order for payment of the same.

(4) If the Court is satisfied that any dispute referred to in sub-section (3) has been raised by a tenant for reasons which are false or frivolous, the court may order the defence against eviction to be struck out and proceed with the hearing of the suit.

(5) If a tenant makes deposit or payment as required by sub-section (1) or sub-section(2), no decree or order shall be made by the Court for the recovery of possession of the accommodation on the ground of default in the payment of rent by the tenant, but the Court may allow such cost as it may deem fit to the landlord.

(6) If a tenant fails to deposit or pay any amount as required by this section, the Court may order the defence against eviction to be struck out and shall proceed with the hearing of the suit, appeal or proceeding, as the case may be.

17. Recovery of possession for occupation and re-entry.—

(1) Where a landlord recovers possession of any accommodation from the tenant in pursuance of an order made under clause (e) or clause (f) of sub-section (1) of section 12 the landlord shall not, except with the permission of the Rent Controlling Authority obtained in the prescribed manner, re-let the whole or any part of the accommodation within two years from the date of obtaining such possession, and in granting such permission, the Rent Controlling Authority may direct the landlord to put such evicted tenant in possession of the accommodation.

(2) Where a landlord recovers possession of any accommodation as aforesaid and the accommodation is not occupied by the landlord if he is the owner thereof, or by the person for whose benefit the accommodation is held, within two months of obtaining such possession, or the accommodation having been so occupied is, at any time within two years from the date of obtaining possession, re-let to any person other than the evicted tenant without obtaining the permission of the Rent Controlling Authority under sub-section (1) or the possession of such accommodation is transferred to another person for reasons which do not appear to the Rent Controlling Authority to be bonafide, the Rent Controlling Authority may, on an application made to it in this behalf by such evicted tenant within such time as may be prescribed, direct the landlord to put the tenant in possession of the accommodation or to pay him such compensation as the Rent Controlling Authority thinks fit.

(3) Where the landlord makes any payment to the tenant by way of compensation under sub-section (7) of section 12, the evicted tenant shall not be liable to refund the same to the landlord on being put in possession of the accommodation under sub-section (1) or sub-section (2).]

18. Recovery of possession for repairs and re-building and re-entry.—

(1) In making any order on the grounds specified in clause (g) or clause (h) of sub-section (1) of section 12, the Court shall ascertain from the tenant whether he elects to be placed in occupation of the accommodation or part thereof from which he is to be evicted and, if the tenant so elects, shall record the fact of the election in the order and specify therein the date on or before which he shall deliver possession so as to enable the landlord to commence the work of repairs or building or re-building, as the case may be.

(2) If the tenant delivers possession on or before the date specified in the order, the landlord shall, on the completion of the work of repairs or building or re-building place the tenant in occupation of the accommodation or part thereof, as the case may be, within one month of the completion of such work.

(3) If, after the tenant has delivered possession on or before the date specified in the order, the landlord fails to commence the work of repairs or building or re-building within one month of the specified-date or fails to complete the work in a reasonable time or having completed the work, fails to place the. tenant in occupation of the accommodation in accordance with sub-section (2), the Court may, on an application made to it in this behalf by the tenant within such time as may be prescribed, order the landlord to place the tenant in occupation of the accommodation or part thereof or to pay to the tenant such compensation as the Court thinks fit.

19. Recovery of possession in case of tenancies for limited period.—

Where a landlord does not require the whole or any part of any accommodation for a particular period and the landlord, after obtaining the permission of teh Collector or such other officer as may be authorised by him under sub-section (1) of section 39, in the prescribed manner, lets the whole of the accommodation or part thereof as a residence for such period as may be agreed to in writing between the landlord and the tenant and the tenant does not, on the expiry of teh said period, vacate such accommodation, then notwithstanding anything contained in sub-section (1) of section 12 or in any other law, the Court may, on a suit being filed before it in this behalf by the landlord within such time as may be prescribed, place the landlord in vacant possession of the accommodation or part thereof by evicting the tenant and every other person who may be in occupation of such accommodation.

20. Special provision for recovery of possession in certain cases.—

Where the an ord in respect of any accommodation is any company or other body corporate or any local authority or any public institution and the accommodation is required for the use of employees of such landlord, or, in the case of a public institution, for the furtherance of its activities, then, notwithstanding anything contained in section 12 or in any other law, the Court may, on a suit being filed before it in this behalf by such landlord, place the landlord in vacant possession of such accommodation by evicting the tenant and every other person who may be in occupation thereof, if the Court is satisfied—

(a) that the tenant .to whom such accommodations were let for use as a residence at a time when he was in the service or employment of the landlord, has ceased to be in such service or employment; or ’

(b) that the tenant has acted in contravention of the terms, express or implied, under which he was authorised to occupy such accommodation; or

(d) that the accommodation is required bona fide by the public institution for the furtherance of its activities.

Explanation.—

For the purposes of this section, "public institution" includes any educational, library, hospital and charitable dispensary.

21. Permission to construct additional structures.—

where the landlord proposes to make any improvement in or construct any additional structure on, any building which has been let to a tenant and the tenant refuses to allow the landlord to make such improvement or construct such additional structure and the Rent Controlling Authority, on an application made to it in this behalf by the landlord, is satisfied that the landlord is ready and willing to commence the work and that such work will not cause any undue hardship to the tenant, the Rent Controlling Authority may permit the landlord to do such work and may make such order as it thinks fit in the circumstances of the case.

22. Special provision regarding vacant building sites.—

Notwith-standing anything contained in section 12 where any accommodation which has been let, comprises vacant land upon which it is permissible under the building regulations or municipal bye laws for the time being in force, to erect any building whether for use as a residence or for any other purpose and the landlord proposing to erect such building is unable to obtain possession of teh land from the tenant by agreement with him and teh Rent Controlling Authority, on an application made to it in this behalf by the landlord, is satisfied that the landlord is ready and willing to commence the work and that teh severance of the vacant land from the rest of the accommodation will not cause undue hardship to the tenant, the Rent Controlling Authority may-

(a) direct such severance;

(b) place the landlord in possession of the vacant land;

(d) make such other order as it thinks fit in the circumstances of the case.

23. Vacant possession to landlord—

Notwithstanding anything contained in any other law where the interest of a tenant in any accommodation is determined for any reason whatsoever and any decree or order is passed by a Court under this Act for the recovery of possession of such accommodation, the decree or order shall, subject to the provisions of section 16, be binding on all persons who may be in occupation of the accommodation and vacant possession thereof, shall be given to the landlord by evicting all such persons therefrom:

Provided that nothing in this section shall apply to any person who has an independent title to such accommodation.

23-A Special provision for eviction of tenant on ground of bona fide requirement.-

Notwithstanding anything contained in any other law for the time being m force or contract to the contrary, a landlord may submit an application, signed and venhed m a manner provided in rules 14 and 15 of Order VI of the First Schedule to the Code of Civil Procedure,. 1908 (V of 1908) as if it were a plaint to the Rent Controlling Authority on one or more of the following grounds for an order directing the tenant to put the landlord in possession of the accommodation, namely:—

(a) thatjhe accommodation let for residential purposes is required "bona fide" by the landlord for occupation as residence for himself or for any member of his family, or for any person for whose benefit, the accommodation is held and that the landlord or such person has no other reasonably suitable residential accommodation of his own in his occupation in the city or town concerned.

Explanation.—

For the purposes of this clause, "accommodation let for residential purposes" includes—

(i) any accommodation which having been let for use as a residence is without the express consent of the landlord, used wholly or partly for any non-residential purpose;

(ii) any accommodation which has not been let under an express provision of contract for non-residential purpose ;

(b) that the accommodation let for non-residential purposes is required "bona fide by the landlord for the purpose of continuing or starting his business or that of any of his major sons or unmarried daughters, if he is the owner thereof or for any person for whose benefit the accommodation is held and that the landlord or such person has no other reasonably suitable non-residential accommodation of his own in his occupation in the city or town concerned :

Provided that where a person who is a landlord has acquired any accommodation or any interest therein by transfer, no application for eviction of tenant of such accommodation shall be maintainable at the instance of such person unless a period of one year has elapsed from the date of such acquisition.

23-B. Rent Controlling Authority to issue summons in relation to every application under sectaon 23-A.—

(1) The Rent Controlling Authority shall issue to the tenant a summons, in relation to every application referred to in section 23-A, in the form specified in the Second Schedule.

(2) Save as otherwise provided in this Act, the provisions of order V and Order XVI of the First Schedule to the Code of Civil Procedure, 1908 (V of 1908) regarding issue and service of summons to a defendant and summoning and attendance of witnesses to give evidence or to produce documents shall apply "mutatis mutandis " to issue and service of any summons to a tenant or opposite party or to a witness to give evidence or to produce documents in an inquiry or proceeding under this Chapter.

23-C. Tenant not entitled to contest except under certain circumstances.—

(1) The tenant on whom the.summons is served in the form specified in the Second Schedule shall not contest the prayer for eviction from the accommodation unless he files within fifteen days from the date of service of the summons, an application supported by an affidavit stating the grounds on which he seeks to contest the application for eviction and obtains leave from the Rent Controlling Authority as hereinafter provided, and in default of his appearance in pursuance of the summons or in default of his obtaining such leave, or if such leave is refused, the statement made by the landlord in the application for eviction shall be deemed to be admitted by the tenant. The Rent Controlling Authority shall in such a case pass an order of eviction of the tenant from the accommodation:

Provided that the Rent Controlling Authority may, for sufficient cause shown by the tenant, excuse the delay of the tenant in entering appearance or in applying for leave to defend the application for eviction and where 'ex-parte' order has been passed, may set it aside.

(2) The Rent Controlling Authority shall, within one month of the date of receipt of application, give to the tenant, if necessary, leave to. contest the application, if the application supported by an affidavit filed by the tenant discloses such facts as would disentitle the landlord from obtaining an order for the recovery of possession of the accommodation on the ground specified in section 23-A.

23-D. Procedure to be followed by Rent Controlling Authority or grant of leave to tenant to contest.—

(1) Where leave is granted to the tenant to contest the application, the Rent Controlling Authority shall commence the hearing of the application as early as practicable and decide the same, as far as may be, within six months of the order of granting of leave to the tenant to contest application.

(2) The Rent Controlling Authority shall, while holding an enquiry in a proceeding to which this Chapter applies, follow as far as practicable, the practice and procedure of a Court of Small Causes including the recording of evidence under the Provincial Small Cause Courts Act, 1887 (IX of 1887). The Rent Controlling Authority shall as far as possible, proceed with the hearing of the application from day to day.

(3) In respect of an application by a landlord it shall be presumed, unless the contrary is proved, the requirement by the landlord with reference to clause (a) or clause (b), as the case may be, of section 23-A is bona fide.

23-E. Revision by High Court.—

(1) Notwithstanding anything contained in section 31 or section 32, no appeal shall lie from any order passed by the Rent Controlling Authority under this Chapter.

(2) The High Court may, at any time "suo motu" or on the application of any person aggrieved, for the purpose of satisfying itself as to the legality, propriety or correctness of any order passed by or as to the regularity of the proceedings of the Rent Controlling Authority, call for and examine the record of the case pending before or disposed of by such Authority and may pass such order in revision in reference thereto as it thinks fit and save as otherwise provided by this section, in disposal of any revision under this section, the High Court shall, as far as may be, exercise the same powers and follow the same procedure as it does for disposal of a revision under section 115 of the Code of Civil Procedure, 1908 (V of 1908) as if any such proceeding of the Rent Controlling Authority is of a Court subordinate to such High Court:

Provided that no powers of revision at the instance of person aggrieved shall be exercised unless an application is presented within ninety days of the date of the order sought to be revised.

23-F. Duration of stay.—

The stay of the operation of the order of eviction passed by a Rent Controlling Authority or by the High Court shall not ensure for a total period of more than six months.

23-G. Recovery of possession for occupation and re-entry.—

(1) Where an order for the eviction of a tenant is made on the ground specified in clause (a) of section 23-A, the landlord shall not be entitled to obtain possession thereof before the expiration of a period of two months from the date of the order.

(2) Where an order for the eviction of a tenant is made on the grounds specified in clause (b) of section 23-A, the landlord shall not be entitled to obtain possession thereof—

(a) before the expiration of period of two months from the date of the order; and

(b) if the accommodation is situated in cities of Gwalior (including Lashkar and Morar), Indore, Ujjain, Ratlam, Bhopal, Jabalpur, Raipur or Durg or such other towns or cities specified by the State Government by notification in that behalf, unless the landlord pays to the tenant such amount by way of compensation as may be equal to—

(i) double the amount of the annual standard rent of the accommodation in the following cases:

(a) where the accommodation has, for a period of ten complete years immediately preceding the date on which the landlord files an application for possession thereof, been used for business purposes or for any other purposes alongwith such purpose, by the tenant who is being evicted;

(b) where during the aforesaid period of ten years, the tenant carrying on any business in the accommodation has left it and the tenant immediately succeeding has acquired the business of his predecessor either through transfer or inheritance;

(ii) the amount of the annual standard rent in other cases.

(3) Where a landlord recovers possession of any accommodation from the tenant in pursuance of an order made under clause (a) or clause (b) of section 23-A, the landlord shall not, except with the permission of the Rent Controlling Authority obtained in the prescribed manner, re-let the whole or any part of the accommodation within two years from the date of obtaining such possession, and in granting such permission, the Rent Controlling Authority may direct the landlord to put such evicted tenant in possession of the accommodation.

(4) Where a landlord recovers possession of any accommodation as aforesaid and the (2) accommodation is not occupied by the landlord if he is the owner thereof, or by the person for whose benefit the accommodation is held, within two months of obtaining such possession, or the accommodation having been so occupied is, at any time within two years from the date of obtaining possession re-let to any person other than the evicted tenant without obtaining the permission of the Rent Controlling Authority under subsection (3) or the possession of such accommodation is transferred to another person for reasons which do not appear to the Rent Controlling Authority to be "bona fide", the Rent Controlling Authority may, on an application made to it in this behalf by such evicted tenant within such time as may be prescribed, direct the landlord to put the tenant in possession of the accommodation or to pay him such compensation as the Rent Controlling Authority thinks fit.

(5) Where the landlord makes ariy payment to the tenant by way of compensation under sub-section (2), the evicted tenant shall not be liable to refund the same to the landlord on being put in possession of the accommodation under sub-section (3) or subsection (4).

23-H. Deposit of rent pending proceedings for eviction or for revision.—

The provisions of section 13 shall apply "mutatis mutandis" in respect of an application for recovery of possession of accommodation under section 23-A and in respect of proceeding for revision under section 23-E against final order by the Rent Controlling Authority under section 23-C or under section 23-D as they apply to a suit or proceeding instituted on any of the grounds referred to in section 12:

Provided that no suit or proceeding for eviction of the tenant is pending before any court at any of its stages in relation to the same accommodation.

23-1. False and frivolous application, etc.—

A landlord making a false or frivolous application under section 23-A or a tenant seeking either permission to defend the application or adjournment on false or frivolous or vexatious grounds, may be saddled with heavy compensatory costs not exceeding six months rent of the accommodation at a time as the Rent Controlling Authority may fix.

23-J. Definition of landlord for the purposes of Chapter III-,A—

For the purposes of this Chapter 'landlord' means a landlord who is—

(i) a retired servant of any Government including a retired member of Defence Services; or

(ii) a retired servant of a company owned or controlled either by the Central or State Government; or

(iii) a widow or a divorced wife; or

(iv) physically handicapped person; or

(v) a servant of any Government including a member of defence services who, according to his service conditions, is not entitled to Government accommodation on his posting to a place where he owns a house or is entitled to. such accommodation only on payment of a penal rent on is posting to such a place.

SCHEDULE 3

[See Section 12 (3) of the Act]

Landlord's obligations under the Act

1. To admit a tenant only after executing agreement, duly notarized, as required under this Act. '

2. To file Information on ^{^[1]}[such proforma as may be prescribed] before the local Police Station within 7 days of admitting the tenant.

3. To give proper receipt to the tenant against all payments received.

4.To allow the tenant quiet enjoyment of the accommodation and all rights included in Schedule 1, so long as he fulfills his obligations set forth in Schedule 4.

5. To keep the accommodation and premises in a state of good and tenantable repair at all times.

6.To dovetail the system for disposal of domestic garbage to the system designed by the civic body and to explain the system clearly to the tenant at the start of tenancy.

7. To undertake with reasonable promptitude all major structural repairs attributable to defects in construction and/or natural aging of the house.

8. To provide, wherever allowed by the State Electricity Board, a separate' and exclusive meter to record the electricity consumed by the tenant.

9. Never to wilfully cut off essential supplies like water and electricity to the accommodation, or to cause such cut through another.

10. Never ru exercise right to enter accommodation for inspection, in the absence of the tenant or when only female member(s) of the family are present and are objecting to such entry.

11. To undertake annual upkeep of the accommodation, or to allow the tenant to do so by allowing him expenses on actual basis, subject to a maximum amount equal to one month's rent.

12. Never to adopt or threaten to adopt extra-judicial methods for eviction to pressure the tenant to vacate the accommodation.

13. To refund security deposit to the outgoing tenant before closure of tenancy.

(1. Substituted by C.G. Act No. 3 of 2015, w.e.f. 7-1-2015, for the words "Form C".)

Similar Provision of the Repealed Act (No. 41 of 1961)

37. Landlord's duty to keep accommodation in good repair.—

(1) Every landlord shall be bound to keep the accommodation in good and tenantable repairs.

(2) If the landlord neglects or fails to make, within a reasonable time after notice in writing, any repairs which he is bound to make under sub-section (1), the tenant may make the same himself and deduct the expenses of such repairs from the rent or otherwise recover them from the landlord:

Provided that the amount so deducted or recoverable in any year shall not exceed one twelfth of the rent payable by the tenant for that year.

(3) Where any repairs without which the accommodation is not habitable or usable except with undue inconvenience are to be made and the landlord neglects or fails to make them after notice in writing, the tenant may apply to the Rent Controlling Authority for permission to make such repairs himself and, may submit to the Rent Controlling Authority an estimate of the cost of such repairs, and, thereupon, the Rent Controlling Authority may, after giving the landlord an opportunity of being heard and after considering such estimate of the cost and making such inquiries as it may consider necessary, by an order in writing, permit the tenant to make such repairs at such cost as ma? be specified in the order and it shall thereafter be lawful for the tenant to make such repairs himself and to deduct the cost thereof, which shall in no case exceed the amount so specified, from the rent or otherwise recover it from the landlord:

Provided that the amount so deducted or recoverable in any year shall not exceed one-half of the rent payable by the tenant for that year:

Provided further that if any repairs not covered by the said amount are necessary in the opinion of the Rent Controlling Authority, and the tenant agrees to bear the excess cost himself, the Rent Controlling Authority may permit the tenant to make such repairs.

38. Cutting off or withholding essential supply or service.—

(1) No landlord either himself or through any person purporting to act on his behalf shall without just and sufficient cause cut off or withhold any essential supply or service enjoyed by the tenant in respect of the accommodation let to him.

(2) If a landlord contravenes the provisions of sub-section (1), the tenant may make an application to the Rent Controlling Authority complaining of such contravention.

(3) If the Rent Controlling Authority on inquiry finds that the essential supply or service enjoyed by the tenant in respect of the accommodation was cut off or withheld by the landlord without just and sufficient cause, it shall make an order directing the landlord to restore such supply or service.

(4) The Rent Controlling Authority may in its discretion direct that compensation not exceeding fifty rupees—

(a) be paid to the landlord by the tenant, if the application under sub-section (2) was made frivolously or vexatiously:

(b) be paid to the tenant by the landlord, if the landlord had cut off or withheld the supply or service without just and sufficient cause.

Explanation I.—

In this section, "essential supply or service" includes supply of water, electricity, lights in passages and on staircases, conservancy and sanitary services.

Explanation II—

For the purposes of this section, withholding any essential supply or service shall include acts or omissions attributable to the landlord on account of which the essential supply or service is cut off by the local authority or any other competent authority.

39. Control of letting.—

(1) The Collector or such other Officer not below the rank of a Deputy Collector as may be authorised by him in this behalf (hereinafter referred to in this Chapter as the authorised officer) may, on his own motion or on application made to him in this behalf, by general or special order, require a landlord to give information in writing within such time as may be specified therein of any accommodation which has fallen vacant or is likely to fall vacant and also require him to let or not to let such accommodation except in accordance with such order as he may give in accordance with the provisions of this Chapter.

(2) If any accommodation which has fallen vacant or is likely to fall vacant is required for occupation by any person holding an office of profit under the Union or State Government or any person in the service of a local authority, the Chhattisgarh Electricity Board, the Board of Secondary Education, Chhattisgarh, or such other body corporate as may be specified by the State Government by a notification in the Gazette, the Collector or the authorised officer, may, subject to the provisions of section 40, within 15 days from the date of receipt of the information given by the landlord in pursuance of an order issued under sub-section (1) by order allot the accommodation to any such person as may be specified by him in the order and direct the landlord to put him in possession of the accommodation and the landlord shall place him in possession immediately if it is vacant or as soon as it becomes vacant:

Provided that if the landlord has in the information given in pursuance of an order issued under sub-section (1) stated that he needs the accommodation for his own occupation, the Collector or the authorised officer, shall, if satisfied after due inquiry that the accommodation is so needed, permit the landlord to occupy the same:

Provided further that in allotting the accommodation to any person under this subsection due regard will be had, as far as possible, to the wishes of the landlord as regards the type of the person to whom the accommodation may be allotted, as may be indicated by him in the information given in pursuance of an order issued under sub-section (1).

(3) If no order is passed and served upon the landlord within the period specified in sub-section (2), he shall be free to let the vacant accommodation to any person:

Provided that in a case falling under the first proviso to sub-section (2), the period spent in amenquiry shall be excluded.

(4) The Collector or the authorised officer may take or cause to be taken such steps and use or cause to be used such minimum force including police force as may, in his opinion is reasonable for securing the compliance with, or for preventing or rectifying contravention of the Act or rules thereunder or for the effective exercise of such power.

(5) Nothing in this section shall apply to—

(a) any accommodation used for residential purposes the monthly rent of which does not exceed twenty-five rupees;

(b) any accommodation used for non-residential purposes the monthly rent of which does not exceed fifty rupees;

(c) any accommodation which has fallen vacant in pursuance of an order passed under this Act for the purpose of occupation by the landlord;

(d) any accommodation belonging to a local authority. Company or Firm and bona fide intended solely for the occupation of its officers, servents and agents.

SCHEDULE 4

[See Section 12 (4) of the Act]

Tenant's obligations under the Act

1. To acknowledge at all times the title of the landlord over the accommodation, and to respect and honor without demur his rights as set forth in Schedule-2.

2. To use the accommodation only for the purpose for which it was leased out to him.

3. Never to sub-let any portion of the accommodation, with or without monetary considerations, formally or informally, with or without the permission of the landlord.

4. To protect and safeguard the accommodation, and all electrical, sanitary and other fixtures forming part of the accommodation.

5. To attend to the minor, recurring replacements and repairs as may be necessary from time to time, without expecting reimbursement from the landlord.

6. To keep the accommodation in a clean and hygienic state, and not to cause air, water and/or noise pollution in or around the accommodation, in a manner that hurts peaceful coexistence.

7. To dispose of garbage in accordance with the system designed by the municipality, and in no case to litter it outside the accommodation and / or on to the road or other public place.

8. To pay the security deposit, rent and other dues fully and regularly in the manner settled with the landlord.

9. To compensate the landlord for any damage caused to the accommodation, wilfully or otherwise, except for natural aging and/or weathering.

10. Never to become a social nuisance during currency of the tenancy.

Explanation.—

'Social nuisance' means doing or causing to be done any or all of the following acts: drunken brawls, wife-bashing, prostitution, habitual late- night noisy socializing and/or otherwise creation of abnormal noise construed by the neighbourhood as disturbance, spitting in common facilities like staircase, storage of any hazardous stuff, storage of any stuff with offensive odor that fouls up the surrounding, or that abnormally invites pests, littering of garbage and/or letting loose waste water, spoiling the environment by doing or promoting improper defecation, and/or any act that has a bad and damaging social effect on the immediate neighbourhood.

Similar Provision of the Repealed Act (No. 41 of 1961)

14. Restrictions on sub-letting.—

(1) No tenant shall, without the previous consent in writing of the landlord,—

(a) sub-let the whole or any part of the accommodation held by him as a tenant; or

(b) transfer or assign his rights in the tenancy or in any part thereof.

(2) No landlord shall claim or receive the payment of any sum as premium or pugree or claim or receive any consideration whatsoever in cash or in kind for giving his consent to the sub-letting of the whole or any part of the accommodation held by the tenant.

15. Notice of creation and termination of sub-tenancy.—

(1) Where, after the commencement of this Act, any accommodation is sub-let either in whole or in part by the tenant with the previous consent in writing of the landlord, the tenant or the sub-tenant to whom the accommodation is sub-let may, in the prescribed manner, give notice to the landlord of the creation of the sub-tenancy within one month of the date of such subletting and notify the termination of such sub-tenancy within one month of such termination.

(2) Where, before the commencement of this Act, any accommodation has been lawfully sub-let either in whole or in part by the tenant, the tenant or the sub-tenant to whom the accommodation has been sub-let may, in the prescribed maimer, give notice to the landlord of the creation of the sub tenancy within six months of the commencement of this Act, and notify the termination of such sub-tenancy within one month of such termination.

(3) Where, in any case mentioned in sub-section (2), the landlord contests that the accommodation was not lawfully sub-let and an application is made to the Rent Controlling Authority in this behalf, either by the landlord or by the sub-tenant, within two months of the date of the receipt of the notice of sub-letting by the landlord or the issue of the notice by the tenant or the sub-tenant, as the case may be, the Rent Controlling Authority shall decide the dispute.

16. Sub-tenant to be tenant in certain cases.—

(1) Where an order for eviction in respect of any accommodation is made under section 12 against a tenant but'not against a sub-tenant referred to in section 15 and a notice of the sub-tenancy has been given to the landlord, the sub-tenant shall, with effect from the date of the order, be deemed to become a tenant holding directly under the landlord in respect of the accommodation in his occupation on the same terms and conditions on which the tenant would have held from the landlord, if the tenancy ihad continued.

(2) Where, before the commencement of this Act, the interest of a tenant in respect of any accommodation has been determined without determining the interest of any subtenant to whom the accommodation either in whole or in part had been lawfully sub-let, the sub-tenant shall, with effect from the date of the commencement of this Act, be deemed to have become a tenant holding directly under the landlord on the same terms and conditions on which the tenant would have held from the landlord, if the tenancy had continued.

(2) Appellate Inbunal, referred to in sub-rule (1) may allow an appeal after esperation of 30 days, if it is satisfied that sufficient reasons exist for not filing an appeal in time:

Provided that in computing the above period, the time required for obtaining the certified copy of the order against which the appeal is to be made shall be excluded.

(12