S.1 Short title, extent and duration. -

       (1) This Act may be called the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947.
       (2) It applies to the local area specified in the Schedule and such other areas 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) It shall remain in force up to and including the 31st March, 1976.
       Provided that the expiration of this Act under the operation of this subsection 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 was recoverable by him thereunder;
       or
    

S.2 Definitions.-

       In this Act, unless there is anything repugnant in the subject or context.-
       (a) 'an appellate authority' means in respect of any local areas comprised within the limits of the Dhanbad Sub-division in the district of Manbhum, the Additional Deputy Commissioner of Dhanbad and, in respect of any other areas, the 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;
       [S.O. 190 dated 15.2.71, published in Bihar Gazette (Ex-ord.) dated 20,2.71 ].-In exercise of the powers conferred by clause (a) of Section 2 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (Bihar Act III of 1947), the Governor of Bihar is pleased to empower the Additional Collector posted at the headquarters station of the district of Sara

S.3 Premium, Salami, fine or advance of more than one month's rent not to be claimed or received. -

       It shall not be lawful for any person to claim or receive, in consideration of the 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 advance.

S.4 Enhancement of rent of buildings.-

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 rent which is payable for the time being in respect of any building except in accordance with the provisions of this Act.

S.5 Determination of fair rent of building in occupation of tenants. -

       (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 Controller is satisfied that the rent of the building is low or excessive, he shall determine the fair rent for such building.

S.6 Determination of fair rent of buildings not in occupation of tenants.

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.

S.7 Re-determination of fair rent in certain cases. -

       (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 alteration.
      &nb

S.8 Matters to be considered in determining fair rent.-

       .-(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 8-A.
       (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

S.8(a) Right to claim increase or decrease in fair rent.-

       .-(1) Where after the fair rent of a building has been determined or re-determined under sections 5, 6 or 7, there has been an increase or decrease in the municipal rents, 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 ad

S.9 Directions for repairs to building.-

       .-(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 this 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 repair, other than those referred to in sub-section

S.10 Landlord not to interfere with amenities enjoyed by the tenant.-

       .-(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 a 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 an inquiry, 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 tenants' make an order directing the landlord to pay the tenant the cost of such restoration as determine

S.11 Eviction of tenants.-

       .-(1) Notwithstanding anything contained in any contract or law to the contrary but subject to the provisions of the Industrial Disputes Act, 1947 and to those of Section 12, 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 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 tenant is responsible;
 &n

S.11(a) Deposit of rent by tenant in suits for ejectment. -

       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 an 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 any 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

S.11(b) When a tenant is entitled to restoration of possession and compensation.-

       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 11 and the building is not occupied by the landlord, or by 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 as may be fixed by the Court or both.

S.12 Extension of period limited by lease.-

       .-(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 revision of Section 11, be deemed to have been extended by double the period covered by the original lease subject to a 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 11 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

S.13 Deposit of rent by tenant on refusal of the landlord to accept it or in case of doubt or dispute as to the person entitled to receive it. -

       - (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 bona fide 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 parties, continue to deposit in the 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.14 Tenant making payment of rent entitled to receipt. -

       (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.

S.15 Controller to maintain list of fair rents. -

       (1) The Controller shall maintain up to date a 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.

S.16 Power of Controller to make inquiries and inspection.-

       .-(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 hour's previous notice in writing has been given; and
       (b) by written order, require any person to produce for his inspection such account, 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

S.17 Execution of order of Controller and Commissioner. -

Every order of the Controller passed under this Act where no appeal against such order has been' preferred under section 18, every order of the appellate authority on appeal under Section 18 and every order of the Commissioner passed in revision under section' 18B shall be executed by the Court, as if such orders were a decree passed by such Court.

S.18 Appeal. -

       (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 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 provisions of Section 18B, 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 que

S.18(a) Award of costs.-

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 18 or in revision under section 18B, 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 cost 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.

S.18(b) Power of revision of Commissioner. -

       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.

S.19 Notice to landlord or tenant by Controller before exercising powers 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.

S.20 Penalties.-

       .-(1) If any person contravenes any of the provisions of this Act, he shall, except as otherwise provided in Section 14, be punishable with imprisonment for a term which may extend to two years or with fine or with both.
       (2) Whoever fails to comply with any direction made or deemed to have been made under this Act 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.

S.21 Supply of certified copies of orders and decisions of Controller and Commissioner.-

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.

S.22 Decisions which have become final not to be re-opened.-

The Controller shall summarily reject any application which raises substantially the same issues as have been heard and finally decided in a former proceeding under this Act between same parties or between parties under whom they or any of them claim.

S.23 Protection of action taken under the Act.-

       .-(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any order made or deemed to have been made under 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.

S.23(a) Act not to apply to buildings owned by Government.-

       Nothing contained in this Act shall apply to a tenant whose landlord is the local authority or the State or the Central Government.

S.24 Power to make rules.-

       .-(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 13 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 fees 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 Commissioner under section 18B.
       (e) any other matter by this Act required, or e

S.25 Repeal and Savings.-

       (1) The Bihar Buildings (Lease, Rent and Eviction) Control Ordinance, 1946 (Bihar Ordinance 21 of 1946), is hereby repealed.
       (2) Any rule, order or direction made or given or deemed to be made or given under the said Ordinance and in force immediately before the commencement of the Act shall continue in force and be deemed to be an order or direction made or given under this Act; and anything done and any action taken in exercise of any power conferred by or under the said Ordinance shall be deemed to have been made, done or taken in exercise of powers conferred by or under this Act as if this Act had commenced on the 1st day of October, 1946.

Sch.1 SCHEDULE

       THE SCHEDULE
       [See Section 1 (2)]
       Serial Name of district No. Local areas to which the Act applies
       No.
       1 2 3
       
       1. Patna Local areas comprising the Pirbahore, Sultanganj,
        police stations of- Alamganj, Khajekalan.
       Chaukkalan, Malsalami,
       Phulwari.
       Digha, Patna Kotwali,
       Kadamkuan, Dinapore and
       Khagaul; excluding the local
       areas comprise