Act No. 06 of 2012
PREAMBLE Whereas, the Government of Jharkhand consider that supply of rental housing stock in the State is not commensurate with the demand, And Whereas the return from investment in rental housing is low, And Whereas the relationship between the landlord and the tenant is contentions And Whereas the ligation under Rent Control Act is unduly delayed Now, Therefore An Act to provide for the regulation of letting of the buildings and the rent of such buildings, and to establish better balance between the interests of landlord and tenant, and to lessen the hardships in the litigations and for matters ancillary thereto BE it enacted by the Legislature of the State of Jharkhand in the Sixty-second year of the Constitution of India as follows:-
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(1) This Act may be called the Jharkhand Building (Lease, Rent & Eviction) Control Act, 2011.
(2) This Act shall apply to the whole of the State of Jharkhand.
(3) It shall come into force on such date as the Government of Jharkhand may, by notification in the Official Gazette, appoint.
In this Act, unless the context otherwise requires
The provisions of this Act shall not apply:-
(1) Notwithstanding anything contained in section 107 of the Transfer of Property Act, 1882 (Central Act 4 of 1882), no person shall, after the commencement of this Act let or take on rent any building except by an agreement in writing.
(2) Where in relation to a tenancy created before the commencement of this Act, and where no agreement in writing was entered into, the landlord and the tenant shall enter into an agreement in writing with regard to the tenancy including the amount of rent and the period of tenancy; and deposit a copy thereof before the Controller concerned within two years as described in Sec 13C of this act.
Provided that where the landlord and the tenant fail to present jointly a copy of the tenancy agreement under this sub-section, such landlord and tenant shall separately file the particulars about such tenancy with the Controller concerned in such form and in such manner and within two years as may be prescribed.
(1) In the event of death of a tenant, the right of tenancy shall devolve to his successor in the following order, namely:-
Provided that the successor has ordinarily been living or carrying on business in the premises with the deceased tenant as a member of his family up to the date of her/his death and was dependent on the deceased tenant:
Provided also that the period of devolution is limited to the unexpired portion of the tenancy and it is open to the landlord and the successor tenant to enter into fresh agreement.
Provided further that a right to tenancy shall not devolve upon a successor in case such successor or his spouse or any of his dependent son or daughter is owning or occupying a building. However, he shall acquire a ri
It shall not be lawful for any person to claim or receive, in consideration of grant, renewal or continuation of a tenancy of any building, the payment of any salami, fine or any like sum in addition to the rent or payment of any sum exceeding one month's rent of such building as rent in advance.
Provided that the payment of premium during tenancy of a building is permissible.
(1) The rent payable in relation to a building shall be:
(2) In the case of a tenancy entered into before the commencement of this Act, the landlord may, make an application to the Controller within six months from the date of such commencement to fix the standard rent under sub-section (1) of section 12 and the rent so fixed shall be payable from the date of such commencement.
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) Standard Rent, in relation to any building, means the rent calculated on the basis of five per cent per annum of the aggregate amount of the cost of construction and the market price of the land comprised in the building in the year of construction.
Provided that due allowance shall be made on the cost of construction and price of land based on the cost index as per provisions of Section 45 of Income Tax Act, 1981.
Provide however, that the rent shall always be fixed on monthly basis.
(2) For the purpose of this section
(1) A tenant shall be liable to pay to the landlord, besides the rent, the following charges, namely:-
(2) The tenant is responsible for payment of electricity and water charges payable for the building.
The standard rent fixed for any building shall be enhanced every year at seventy-five per cent of annual inflation rate based on wholesale price index in the case of residential buildings and one hundred per cent of such rate in the case of non-residential buildings.
(1) The Controller shall, on an application made to him in this behalf, in the prescribed manner, fix in respect of any building
(2) In fixing the standard rent of any building or determining the other charges payable or enhancement of the rent, the Controller shall fix or determine or enhance the amount which appears to him to be reasonable having regard to the provisions of section 9 or section 10 or section 11, as the case may be, and the other circumstances of the case.
(3) Where for any reason if it is not possible to fix the standard rent of any building on the principles set forth in section 9, the Controller may fix such rent as would be reasonable having regard to the location and condition of the building and the amenities provided
Any landlord or tenant may file an application to the Controller for fixing the standard rent and determining other charges or enhancing such rent and other charges:-
Provided that the Controller may entertain the application after the expiry of the said period of two years, by recording the re
Where any sum or other consideration has been paid, whether before or after the commencement of this Act, by or on behalf of a tenant to a landlord, in contravention of any of the provisions of this Act, the Controller may, on an application made to him within a period of one year from the date of such payment, order the landlord to refund such sum or the value of such consideration to the tenant or order adjustment of such sum or the value of such consideration against the rent payable by the tenant.
(1) Every tenant who makes payment on account of rent to his landlord shall be entitled to obtain forthwith from the landlord a receipt in the prescribed form for the amount of rent paid by him duly signed by the landlord or his appointed agent.
(2) If a landlord, without reasonable cause fails to deliver 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 enquiry by the Controller upon a complaint of the party aggrieved within three months from the date of such failure.
(1) Every landlord shall carry out the repairs which he is bound, under any law, contract or custom, to make to a building in possession of a tenant.
Explanation: In this sub-section, "repairs" include annual white-washing, re-colouring and periodical repairs.
(2) If the landlord fails to carry out white-washing once in every year, re-colouring once in three years and periodical repairs, which he is bound to make, the tenant may by notice, require him to carry out the same within one month from that date of service of the notice, and, on the landlord's failure to do so within the said period, the tenant may himself carry out the same at a cost not exceeding one month's rent for the building and deduct such cost from the rent.
(3) If the landlord neglects to carry out repairs, other than those referred in sub-section (1), which he is bound to make, the Controller shall, on an application by the tenant, which shall specify the approximate cost of such repairs, ca
(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 enquiry is satisfied that the landlord has without just or sufficient cause cut off or withhold any of the amenities enjoyed by the tenant at the time of the commencement of the tenancy or at any time thereafter, he shall
(1) Every tenant shall be bound to keep the building in good and tenantable repairs in relation to water taps, water closets, bath tubs, geysers, kitchen fixtures, minor electric equipment, glass panel for doors and windows and other minor repairable items etc.
(2) Where any repairs, in relation to a matter falling under sub-section (1), without which the building is not habitable or useable and the tenant neglects or fails to make them within a period of two months after notice in writing, the landlord may apply to the Controller for permission to make such repairs himself and may submit to the Controller an estimate of the cost of such repairs, and, thereupon the Controller may, after giving the tenant an opportunity of being heard and after considering such estimate of the cost and making such enquiries as he may consider necessary, by an order in writing, permit the landlord to make such repairs at such cost as may be specified in the order, and it shall thereafter be la
(1) Notwithstanding anything contained in any contract or law to the contrary, but subject to the provisions of the Industrial Disputes Act, 1947 (Act XIV of 1947), and to those of section 18, where a tenant is in possession of any building, he shall not be liable to eviction there from except in execution of an order passed by the Controller on one or more of the following grounds:
(1) Notwithstanding anything contained in any other law, where the interest of the tenant, in any building is determined for any reason whatsoever, and any order is made by the Controller under this Act for recovery of possession of such building, the order shall be binding on all persons who may be in occupation of the building and vacant possession thereof shall be given to the landlord by evicting all such persons there from.
Provided that nothing in this section shall apply to any person who has an independent title to such building or to a tenant who has been inducted with the express written permission of the landlord himself personally.
(2) On taking possession of the building, the landlord shall refund the premium collected if any to the tenant.
(1) Every suit by a landlord for the recovery of possession of any premises on the ground specified in clause (c) or (e) of subs-section (1) of section 19 shall be dealt with in accordance with the procedure specified in this section.
(2) The Controller shall issue summons in every suit referred in sub-section (1) without delay.
(3) (i) The Controller shall, in addition to, and simultaneously with the issue of summons for service on the tenant or tenants, also direct the summons to be served by registered post with acknowledgement due, addressed to the tenant or his agent empowered to accept the service at the place where the tenant or his agent actually and voluntarily resides or carries on business or personally works for gain and may, if the circumstances of the case so require also direct the publication of the summons in the official gazette or in newspapers circulating in the locality, in which the tenant is last known to have resided or carried on business or p
Notwithstanding anything inconsistent therewith contained elsewhere in this Act or in any other law for the time being in force, the provisions of section 21 or any rule made there under shall have overriding effect.
1. Where the landlord has been in active military service or is ex-serviceman or has been discharged or retired from service or is to retire or has died while in such active service and any member of his family is in actual necessity of house, then on an application being filed by the landlord or any member of his family, the Controller after issuing notice of fifteen days and on being satisfied after hearing the claim of the landlord is genuine, by order, shall direct the tenant to give possession of the house to the landlord or his family member and if the Controller is not satisfied with the claim of such landlord, he shall pass order rejecting the application.
Provided that if the landlord or his widow has more than one residential house, then such landlord or his widow shall have no right to take back possession of more than one house.
2. (a) The Controller on the receipt of application shall issue summon to the tenant within seven days of filing the application.
(1) Where the landlord is a retired employee of the State or Central Government, and the building let out by him, his spouse or his dependent son or daughter are required for his own use, such employee may, within one year from the date of his retirement or within a period of one year from the date of commencement of this Act, whichever is later, apply to the Controller for recovering immediate possession of such building.
(2) Where the landlord is an employee of the State or Central Government and has a period of less than one year preceding the date of his retirement and the building let out by him, his spouse or his dependent son or daughter is required by him for his own use after his retirement, he may, at any time within a period of one year before the date of his retirement, apply to the Controller for recovering immediate possession of such building.
(3) Where the landlord, his spouse or his dependent son or daughter referred to in sub-section (1) or sub-secti
(1) Where the landlord is
(2) Where the landlord referred to in sub-section (1) has let out more than one building, it shall be open to her or him to make an application under that sub-section in respect of any one building chosen by her or him.
(1) If the landlord or his authorized agent refuses or neglects to pass to the tenant the receipt referred to in sub section (2) of section 15, the Controller may, on an application made to him in this behalf by the tenant within two months from the date of payment and after hearing the landlord or his authorized agent, by order direct the landlord or his authorized agent to pay to the tenant, by way of damages, such sum not exceeding double the amount of monthly rent or other charges paid by the tenant and the costs of the application and shall also grant a certificate to the tenant in respect of the rent or other charges paid.
(2) If the landlord or his authorised agent refuses to accept or evades acceptance of receipt of rent and other charges, the tenant may, by notice in writing, ask the landlord to supply him the particulars of his bank account in a bank located near to the building.
(3) If the landlord furnishes the particulars of his bank account, the tenant s
(1) If, in a suit for recovery of possession of any building, the tenant contests the suit as regards claim for eviction, the landlord may move an application at any stage of the suit for order on the tenant to deposit rent month by month at a rate at which it was last paid and also subject to the law of limitation, the arrears of rent, if any, and the Controller after giving opportunity to the parties to be heard, may make an order for deposit of rent month by month at such rate as may be determined and the arrears of rent, both before or after the institution of the suit if any and on failure of the tenant to deposit the arrears of rent within fifteen days of the date of order or the rent at such rate for any month by fifteenth day of the next following month; the Controller shall order the defence against eviction to be struck off and the tenant to be placed in the same position as if he had not defended the claim to eviction and further, the Controller shall not allow the tenan
The Appellate Authority or the Commissioner may, after giving an opportunity to the parties to be heard make an order for deposit of rent at such rate as may be determined month by month, and arrears of rent, if any, and in case of non-compliance of this order, the Appellate Authority or the Commissioner shall order the defence against the standard rent order to be struck off. The landlord may apply for permission to withdraw the amount of rent so deposited without prejudice to any other legal remedy to which he is otherwise entitled and the Controller may permit to do so.
Where the landlord recovers possession of any building from the tenant by virtue of an order secured because of clause (c) and (e) of sub-section (1) of section 19 and the building is not occupied by the landlord, or by the person for whose benefit the building is held within three 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 Controller may on the application of such tenant made within three month 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 Controller or both.
(1) If a tenant in possession of any building held on lease for a specified period intends to extend the period limited by such lease, he may give the landlord at least one month before 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 landlord may renew the lease on the terms mutually agreed upon.
(2) If the tenant fails to vacate the building on the termination of lease or as the case may be, on the expiry of the period renewed under sub-section (1), the Controller shall on an application by the landlord pass an order for eviction, which shall be executed as such and may further order that the tenant shall pay to the landlord such amount as may be determined by it as daily compensation.
(1) The State Government may, by notification, in the Official Gazette, appoint as many Controllers as they thinks fit, and define the local limits within which, each Controller shall exercise the powers and perform the functions under this Act.
(2) A person not blow the rank of Sub Divisional Officer and Executive Magistrate shall be appointed as a Controller,
(1) For the purpose of any enquiry under this Act, the Controller-may
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
(2) The Controller shall have power to summon and enforce the attendance of witnesses and to compel the production of documents by the same means and, so far as may be, in the same manner as is provided in the case of a Court by the Code of Civil Procedure (Act No. 5 of 1908).
(1) No order which prejudicially affects any person shall be made by the Controller under this Act without giving such person a reasonable opportunity of showing cause against the order proposed to be made, and until his objection, if any, and any evidence that may be adduced in support of the same have been considered by the Controller.
(2) The Controller shall, while holding enquiry in any proceeding before him, follow such procedure as may be prescribed.
(3) All proceedings before the Controller shall ordinarily conclude within six months from the date of first appearance of the respondent in response to the summons issued for his appearance in the case, or from the date on which the respondent is set ex-parte:
Provided that the Controller may extend the hearing of the case beyond six months for reasons to be recorded by him on each day of hearing. However total period of such hearing shall not exceed 12 months.
(4) In the case of an application under
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) The Controller shall maintain up-to-date list showing the standard rents of buildings as fixed by him from time to time under the 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 as may be prescribed.
(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
(3) Subject to the provision of sub-section (2), 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 suit or other proceeding by way of appeal or revision.
(1) 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.
(2) The exercise of the powers by the Commissioner under this section shall be subject to such rules as may be prescribed and for reasons to be recorded in writing,
(3) Such revision application shall be disposed of within six month from the date of filing of such application.
In every order passed by the Controller, the Appellate Authority or the Commissioner under this Act, it may award cost 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 deemed just and reasonable.
(1) Every order of the Controller passed under this Act, where no appeal against such order has been preferred under sub-section (1) of section 36, every order of the Appellate Authority on appeal under sub-section (2) of section 36 and every order of the Commissioner passed in revision under section 37 shall be executed by the Controller as if such orders were an order passed by such Controller.
(2) The Controller, Appellate Authority and the Commissioner, in exercise of the powers conferred upon it under this Act shall be treated as a Court under sections 195 and 340 of Criminal Procedure Code (1973 (Act 2 of 1974) and any proceedings before it shall be regarded as judicial proceedings under sections 193 and 228 of Indian Penal Code.
(1) If any person contravenes any of the provisions of this Act, he shall except as otherwise provided in section 15, 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 fine or with both.
Provided that the Controller trying any offence under this Act may order the whole or any part of the fine recovered to be applied to the payment to any person as compensation for any loss caused by the offence.
Any person affected by any order of the Controller or any decision of Appellate Authority on appeal or any order of the Commissioner in revision made or passed under this Act shall be entitled to be furnished with a coy thereof duly certified by the Controller, the Appellate Authority or the Commissioner as the case may be, to be a true copy on payment of such fee as may be prescribed; and such copy shall be admissible as evidence in any Court of Law to prove the order of the Controller, the decision of the Appellate Authority on appeal or the order of the Commissioner on revision, as the case may be.
The Controller shall summarily reject any application which raises substantially the same issue as have been heard and finally decided in a former proceeding under this Act between same parties under whom they or any of them claim.
Notwithstanding anything in this Act, the Government may, by notification in the Official Gazette, exempt subject to such conditions and terms, if any, as they may specify in the notification, any building or class of buildings from operation of all or any of the provisions of this Act.
(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 have been made under this Act.
(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 rule may provide for all or any of the following maters, namely:
(1) If any difficulty arises in giving effect to the provisions of this Act, in consequence of the transition to the said provisions from the corresponding provisions of the Act, which was in force immediately before the commencement of this Act, the Government may, by order in the Official Gazette, issue such orders or instructions as appear to them to be necessary or expedient for removing the difficulty.
(2) If any difficulty arises in giving effect to the provisions of this Act (otherwise than in relation to the transition from the provisions of the Act, which was in force immediately before the commencement of this Act), the Government may, by order in the Official Gazette, make such orders or instructions, not inconsistent with the purposes of this Act, as appear to them to be necessary or expedient for removing the difficulty.
(3) The Provision of this Act shall not affect the provisions in Chhota nagpur Tenancy Act, 1908 and Santhal Pargana Tenancy Act, 1949 i
(1) The Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (Act No. 4 of 1983) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken in exercise of any powers conferred by or under the said Act shall be deemed to have been done or taken in exercise of powers conferred by or under this Act as if this Act were in force on the day on which such thing or action was done or taken.
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