BIHAR BUILDINGS {LEASE, RENT AND EVICTION} CONTROL ACT, 1977
This Act may be called the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1977.
(2) It applies to the local areas specified in the Schedule and such other area as may be notified by the State Government in the Official Gazette or by an authority empowered in this behalf by the State Government.
(3) Section 25 shall come into force at once and the remaining provisions of this Act shall be deemed to have come into force on the 1st of April, 1976 and the Act shall remain in force upto and including the 31st March, 1981:
Provided that expiration of this Act shall not-
(a) render recoverable any sum which during the continuance thereof was irrecoverable or affect the right of a tenant to recover any sum which during the continuance of this Act w
In this Act unless there is anything repugnant in the subject or context:
(a) "an appellate authority" means in respect of any local areas Collector of the district in which such areas are situated and includes any other officer empowered by the State Government to perform the functions of an appellate authority;
(b) "building" means any building or hut or part of a building or hut, let or to be let separately for residential or non-residential purposes and includes
(i) the garden, grounds, and out-houses, if any, appurtenant to such building or hut or part of such building or hut; and
(ii) any furniture supplied by the landlord for use in such building or hut or part of a building or hut;
(c) "Controller
It shall not be lawful for any person to claim or receive, in consideration of that grant, renewal or continuance of a tenancy of any building the payment of any premium, salami, fine or any other like sum, in addition to the rent or the payment of any sum exceeding one month's rent of such building as rent in advance.
Notwithstanding anything contained in any agreement or law to the contrary, it shall not be lawful for any landlord to increase, or claim any increase in the rent which is payable for the time being in respect of any building except in accordance with the provisions of this Act.
.-(1) When on application by the landlord or by the tenant in possession of a building or otherwise, the Controller has reason to believe that the rent of that building is low or excessive, he shall hold a summary inquiry and record a finding.
(2) If, on a consideration of all the circumstances of the case, including any amount paid by the tenant by way of premium or any other like sum in addition to the rent, the Controller is satisfied that the rent of the building is low or excessive, he shall determine the fair rent for such building.
The Controller may, on his own motion, and shall, on the application of the landlord or a prospective tenant and after making such inquiry as he thinks fit determine the fair rent for any building not in the occupation of a tenant.
.-(1) If, at any time after the fair rent of a building has been determined under section 5 or 6, it appears to the Controller that subsequent to such determination -
(a) some addition, improvement or alteration, not included in the repairs which the landlord is bound to make under any law, contract or custom, has been made to the building at the landlord's expense; or
(b) municipal assessment of the building as defined in the Explanation to Section 8 has been revised;
The Controller may after making such inquiry as he thinks fit, re-determine the fair rent of the building.
(2) (a) Any increase in the fair rent allowed under clause (a) of sub-section (1) shall not in any month exceed 5/8th per cent of the cost of the addition, improvement or alter
.-(1) - (a) For the purposes of this Act, the fair rent of a building shall be determined as for a tenancy from month to month.
(b) The fair rent of a building in respect of which a municipal assessment has been made, shall for each month be one tenth of the amount of such assessment and the landlord shall not be entitled to recover from the tenant in addition to the amount, any municipal rates, taxes or cesses in respect of such building except in accordance with the provisions of Section 9.
(c) In determining the fair rent of any other building under section 5 or 6 the Controller shall have due regard to the prevailing rates of rent in the locality for the same or similar accommodation in similar circumstances at any time during the twelve months preceding the first day of November, 1941, and to the increased cost of repairs, and in th
.-(1) When after the fair rent of a building has been determined or re-determined under sections 5, 6 or 7 there has been increase or decrease in the municipal rates, taxes or cesses -
(a) the landlord shall be entitled to increase the rent of such building on the ground, and to the extent, of increase in the municipal rates, taxes or cesses in respect of such building, and
(b) the tenant shall be entitled to claim a reduction in the rent payable for such building on the ground and to the extent, of decrease in such rates, taxes or cesses in respect of the building.
(2) Where the tenant has to pay municipal rates, taxes or cesses payable by the landlord because of the default of the landlord to meet those charges, the tenant shall be entitled to recover the same from the landlord by adjustme
(1) Every landlord shall carry out the repairs which he is bound, under any law, contract or custom, to make to a building in the possession of a tenant.
Explanation. - In the sub-section, "repairs", include annual white-washing, re-colouring and periodical repairs.
(2) If the landlord fails to carry out annual white-washing, re-colouring and periodical repairs. which he is bound to make, the tenant may by notice require him to carry out the same within one month from the date of service of the notice and, on the landlord's failure to do so within the said period, the tenant may himself carry out the same at a cost not exceeding one month's rent for the building and deduct such cost from the rent.
(3) If the landlord neglects to carry out any repairs, other than those referred to in sub-sectio
.-(1) No landlord shall without just or sufficient cause cut-off or withhold any of the amenities enjoyed by the tenant.
(2) A tenant in possession of building may, if the landlord has contravened the provisions of sub-section (1), make an application to the Controller complaining of such contravention, and may restore any of the amenities, on his own responsibility pending consideration of his application by the Controller.
(3) If the Controller, on enquiry, is satisfied that the landlord has without just or sufficient cause cut-off or withheld any of the amenities enjoyed by the tenant at the time of the commencement of the tenancy or at any time thereafter, he shall
(i) in case such amenity has already been restored by the tenant make an order directing the landlord to pay to the tenant the
.-(1) Notwithstanding anything contained in .any contract or law to the contrary but subject to the provisions of the Industrial Dispute Act, 1947 (Act XIV of 1947), and to those of Section 15, where a tenant is in possession of any building, he shall not be liable to eviction therefrom except in execution of a decree passed by the Court on one or more of the following grounds:
(a) for breach of the conditions of the tenancy, or for subletting the building, or any portion thereof without the consent of the landlord, or if he is an employee of the landlord occupying the building as an employee, on his ceasing to be in such employment;
(b) where the condition of the building has materially deteriorated owing to acts of waste by or negligence or default of, the tenant, or of any person residing with the tenant or for whose behaviour the te
If in a suit for recovery of possession of any building the tenant contests the suit, as regards claim for ejectment, the landlord may make an application at any stage of the suit for order on the tenant to deposit month by month rent at a rate at which it was last paid and also the arrears of rent if any, and the Court after giving an opportunity to the parties to be heard, may make order for deposit of rent at such rate as may be determined month by month and the arrears of rent, if any, and on failure of the tenant to deposit the arrears of rent within fifteen days of the date of the order or the rent at such rate for any month by the fifteenth day of the next following month, the Court shall order the defence against ejectment to be struck out and the tenant to be placed in the same position as if he had not defended the claim to ejectment. The landlord may also apply for permission to withdraw the deposited rent without
Where the landlord recovers possession of any building from the tenant by virtue of a decree secured because of clause (c) of sub-section (1) of Section 12 and the building is not occupied by the landlord, or by the person for whose benefit the building is held, within one month of the date of vacation of the building by such tenant, or the building, having been so occupied, is re-let within six months of the date of such occupation to any person other than such tenant without the permission of the Controller, the Court may, on the application of such tenant made within nine months of his vacating the building, and giving the landlord an opportunity of being heard, by order direct the landlord to put such tenant in possession of the building or to pay him such compensation or both as may be fixed by the Court.
(1) If a tenant in possession of any building, held on a lease for a specified period, intends to extend the period limited by such lease, he may give the landlord at least one month before the expiry of the period limited by the lease, a written notice of his intention to do so; and upon the delivery of such notice the said time shall subject to the provision of Section 12 be deemed to have been extended by double the period covered by the original lease subject to maximum of one year.
(2) Where the landlord to whom notice has been given under sub-section (1) wishes to object to the extension demanded by the tenant on one or more of the grounds mentioned in sub-section (1) of Section 12 or on the ground that the landlord. has any other good and sufficient cause for terminating the lease on the expiry of period limited thereby, he may, within fifteen days of the delivery of such no
.-(1) When a landlord refuses to accept any rent lawfully payable to him by a tenant in respect of any building the tenant may remit such rent, and continue to remit any subsequent rent which becomes due in respect of such building by postal money order to the landlord.
(2) Where any bonafide doubt or dispute has arisen as to the person who is entitled to receive any rent in respect of any building, the tenant may deposit such rent in the prescribed manner stating the circumstances under which such deposit is made and may until such doubt has been removed or such dispute has been settled by the decision of any competent Court or by settlement between the parties, continue to deposit in like manner, the rent that may subsequently become due in respect of such building.
(3) When a deposit has been made under sub-section (2) the amount of s
.-(1) Every tenant who makes a payment on account of rent to his landlord shall be entitled to obtain forthwith from the landlord a receipt in the prescribed form for the amount of rent paid by him, duly signed by the landlord or his appointed agent.
(2) If a landlord, without reasonable cause fails to deliver to the tenant a receipt, as required by sub-section (1), such landlord shall be liable to fine not exceeding double the amount of rent so paid, to be imposed after summary inquiry, by the Controller upon a complaint of the party aggrieved within three months from the date of such failure.
.-( 1) The Controller shall maintain up-to-date list showing the fair rents of buildings as determined or re-determined by him from time to time under this Act.
(2) A copy of the list shall remain in the office of the Controller available for inspection free of charge, during office hours, and copies of the entries in such list may be granted by the Controller on payment of such charge, not exceeding rupee one per copy, as may be fixed by the Controller.
(1) For the purpose of any inquiry under this Act, the Controller may(a) enter and inspect any building at any time between sunrise and sunset or authorise any officer subordinate to him to so enter and inspect any building:
Provided that no building shall be entered, without the consent of the occupier, unless at least twenty four hours' previous notice in writing has been given; and
(b) by written order, require any person to produce for his inspection such accounts, rent receipts, books or other documents relevant to the inquiry, at such time and at such place, as may be specified in the order.
(2) The Controller shall, in so far as such powers are necessary for carrying out the provisions of this Act, have power to summon and enforce the attendance of witnesses and to compel the production
Every order of the Controller passed under this Act where an appeal, against such order has been preferred under section 21, every order of the appellate authority on appeal under Section 21 and every order of the Commissioner passed in revision under section 23 shall be executed by the Court as if such order were a decree passed by such Court.
.-(1) Any person aggrieved by an order passed by the Controller may within fifteen days from the date of receipt of such order by him, prefer an appeal in writing to the appellate authority.
(2) On such appeal being preferred, the appellate authority may(a) after perusing the memorandum of appeal and hearing the appellant, if necessary, summarily dismiss the appeal; or (b) call for the records of the case from the Controller and after examining such records and, if necessary, making such further inquiry as he thinks fit, decide the appeal.
(3) Subject to the provision of Section 23, the decision of the appellate authority and subject only to such decision where an appeal lies an order of the Controller shall be final, and shall not be liable to be questioned in any court of law whether in a suit or other proceeding by way of appeal or re
In every order passed by the Controller under this Act and every order of the appellate authority or the Commissioner passed on appeal under section 21 or in revision under section 23; as the case may be, the authority passing such order may, if it thinks fit, award costs to the person in whose favour the order is passed and the costs so awarded shall include such sum as compensation for the expense, trouble and loss of time incurred in, or incidental to the hearing of the case, as to the authority may seem just and reasonable.
Subject to such rules as may be prescribed and for reasons to be recorded in writing, the Commissioner may, either of his own motion or on application made to him in this behalf, revise any order passed by the Controller or by the appellate authority on appeal under this Act.
Before exercising any of the powers conferred by this Act, the Controller shall give notice of his intention to do so to the landlord and to the tenant, if any, and shall consider any application that may be received by him within the period specified in the notice, from such landlord or tenant or from any other person likely to be affected by the exercise of such powers and shall hear the applicant, if so desired by him.
(1) If any person contravenes any of the provisions of this Act, he shall, except as otherwise provided in Section 17 be punishable with imprisonment for a term which may extend to two years or fine or with both. (2) Whoever fails to comply with any direction made or deemed to have been made under this Act shall be punishable with imprisonment for a term which may extend to one year or with fine or with both:
Provided that the Court trying any offence under this section may, order the whole or any part of the fine recovered to be applied to the payment to any person as compensation for any loss caused by the offence.
Any person affected by any order of the Controller or any decision of the appellate authority on appeal or any order of the Commissioner in revision made or passed under this Act shall be entitled to be furnished with a copy thereof duly certified by the Controller, the appellate authority or the Commissioner as the case may be, to be a true copy on payment of such fee as may be prescribed, and such copy shall be admissible in evidence in any Court of law to prove the order of the Controller, the decision of the appellate authority on appeal or the order of the Commissioner in revision, as the case may be.
The Controller shall summarily reject any application which raises substantially the same issue as has been heard and finally decided in a former proceeding under this Act between same parties under whom they or any of then claim.
(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in goodfaith done or intended to be done in pursuance of any order made or deemed to have been made under this Act.
(2) No suit or other legal proceeding shall lie against the Government for any damage which is in good faith done or intended to be done in pursuance of any order made or deemed to be made under this Act.
Nothing contained in this Act shall apply to a tenant whose landlord is the local authority or the State or the Central Government or the Bihar State Wakf Boards.
.-(1) The State Government may make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely-
(a) the manner of depositing rent under sub-section 2 of Section 16 and the manner of service of notice of such deposit of rent on the landlord;
(b) the form of receipt on account of payment of rent under this Act;
(c) charging or remitting of costs and fee under this Act and the fixing of the amount or the scale of such costs and fees.
(d) the manner of exercising the powers of revision by the Commissioner under Section 23;
SCHEDULE [See Section 1 (2)]
1. Patna Local areas comprising the Police-stations of
Pirbahor, Sultanganj, Alamganj, Khajekallan,
ChowkKalan, Malsalami, Phulwari, Digha,
Patna Kotwali, Kadamkuan, Gardanibagh, Patna
Secretariat, Danapur and Khagaul (excluding the
local areas comprised within the Danapur
Cantonment) Barh, Mokameh Notified Area and
Bikramnagar.
2. Nalanda --- Rajgir.
3. Gaya Kotwali, Muffasil Gaya, Manpur and Ramsagar.
&n
SCHEDULE
Serial Name of the Name of Munici- Name of Notified
No. district palities Area
1 2 3 4
1 . Patna --- Barh --- Fatwah
Khagaul Khusrupur
Dinapur Maner
Mokameh Phulwarisharif
2. Nalanda --- Biharsharif --- Hilsa
Islampur
3. Gaya --- Takari --- Sherghati
Jehanabad Bodh Gaya
4. Aurangabad --- Daudnagar ---
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