KARNATAKA RENT CONTROL ACT, 1961

Act No. 10 of 2000

31st October, 1961

PREAMBLE An Act to provide for the control of rents and evictions, for the leasing of buildings, to control rates of hotels and lodging houses and for certain other matters in the State of 1[Karnataka]. Whereas it is expedient to provide for the control of rents and evictions, for the leasing of buildings, to control rates of hotels and lodging houses and for certain other matters. Be it enacted by the 1[Karnataka] State Legislature in the Twelfth Year of the Republic of India as follows:-- 1. Substituted by the Karnataka Adaptations of Laws Order, 1973.

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S.1 Short title, extent, commencement and duration

(1) This Act may be called the 1[Karnataka] Rent Control Act, 1961.

(2) It extends to the whole of the State of 1[Karnataka].

2[(3) It shall come into force on such date as the State Government may, by notification, appoint.]

(4) It shall remain in force upto and inclusive of 3[Thirty-first December, 4[2001]] and upon the expiry of this Act, Section 6 of the Karnataka General Clauses Act, 1899, shall apply as if this Act were a permanent Karnataka Act and had been repealed by a Karnataka Act immediately before its expiry.

1. Substituted by the Karnataka Adaptations of Laws Order, 1973.

2. W.e.f. 31st December, 1961 (vide Notification No. RD 21 GHR 61, dated 18th December, 1961).

3. Substituted by Act No. 3 of 1978, w.e.f. 24-12-1977, for the followings:- 'Thirty-first December, 1977"

4. Substituted by Act No. 10 of 2000, with effect from 1-12-1999,

S.2 Application of the Act

(1) Parts I and VII of this Act shall be applicable to the whole of the State of Karnataka.

(2) Parts II and HI of this Act shall be applicable to the areas specified in Schedule I:

Provided that the said Parts shall not apply to a building constructed after the First of August, 1957 for a period of five years from the date of construction of such building.

(3) Parts IV and V of this Act shall be applicable to the areas specified in Scheduled.

(4) Part VI of this Act shall be applicable to the areas specified in Schedule in.

(5) The State Government may, by notification, apply all or any of the provisions of Part II, HI, IV, V or VI to such other areas from such dates as may be specified in the notification.

(6) The State Government may at any time by notification direct that all or any of the provisions of Parts II, III, IV, V or VI shall cease to be applicable to any area whether specified in Schedule I, II or III or not, on such date as

S.3 Definitions

In this Act, unless the context otherwise requires--

• (a) "Building" means any building or hut or part of a building or hut other than a farm house, 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, hut or part of such building or hut and let or to be let along with such building or hut or part of building or hut;
  • (ii) any furniture supplied by the landlord for the use in such building or hut or part of a building or hut;
  • (iii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof, but does not include a room or other accommodation in a hotel or a lodging house;
• (b) "Competent Authority" means any officer authorised by the State Government by notification to perform the functions of the competent authority under Part VI of this Act;
• (c) "Con
  

S.4 Intimation of vacancy by landlords

1(1) Every landlord shall, within fifteen days after the building becomes vacant by his ceasing to occupy it or by the termination of a tenancy or by the eviction of the tenant or by the release of the building from requisition, or otherwise, give intimation 2[in the prescribed Form] by registered post to the Controller.

3[xxx.]

4[(2) Except as provided in this Part, no person shall let, occupy or otherwise use any building which becomes vacant without the landlord giving intimation under sub-section (1) and for a period of fifteen days from the date on which the intimation is received by the Controller or within a period of one week after the termination of the proceedings under Section 8, if any, whichever is later:

Provided that this sub-section shall not apply to a building in respect of which the landlord has obtained an order for possession on any of the grounds specified in clause (h) of the proviso to sub-sect

S.5 Order of leasing of vacant buildings

1(1) The Controller may, by order in writing served on the landlord, direct that any vacant building, whether intimation of its vacancy has been given by the landlord under sub-section (1) of Section 4 or not, 2[be given to the landlord for his use and occupation or on lease] to such public authority or other persons as he may think fit:

3[Provided that where such building is a residential building no such order shall be made in favour of a person not being the landlord, who or any member of whose family owns a residential building in the same city or town or village in which the vacant building is situated.]

Explanation.-- A building may be directed to be leased under this section notwithstanding that it is subject to an agreement of lease or has been let or occupied in contravention of sub-section (2) of Section 4.

(2) Any landlord who contravenes an order made under sub-section (1) shall, on conviction, be punished with simpl

S.6 Order for leasing of occupied building

(1) Where a landlord is in possession or is entitled to immediate possession of more building than one in the same area and the Controller is of the opinion that having regard to the landlord's calling, standard of living, nature and extent of business and other material facts, the landlords residential or non-residential requirement, as the case may be, would be adequately served by allotting to him one or more of the said buildings and that the other buildings are needed for a public authority, the Controller may, by order in writing served on the landlord, allot to him. for his residential or non-residential purposes, as the case may be, such one or more buildings and order the leasing of other buildings to such public authority as he thinks fit.

(2) Any landlord who contravenes an order directing the leasing of any building made under sub-section (1) shall on conviction, be punished with simple imprisonment for a term which may extend to three months or with fine or with

S.7 Improvements and alterations

(1) Where a building is directed to be leased to a public authority under Section 5 or Section 6, the Controller may, if he deems fit, order the landlords to make such improvement or alterations, as may be necessary to the building within such time as may be specified and to make such increase in the rent of the building in accordance with the provisions of Section 14:

Provided that no such order shall be made unless--

• (i) the improvement or alteration increases the capital value of the building; and
• (ii) the total cost of the improvement or alteration does not exceed twelve per cent of the capital cost of the building.

(2) If the landlord refuses or fails to make such improvements and alterations within the time specified, the Controller shall, subject to such general or special instructions as the State Government may issue from time to time in this behalf, have the power to make or authorise the making of the same, at the cost of the St

S.8 Procedure to be followed before ordering leasing of any building for a public authority or other person

(1) Before issuing any order under Section 5 or Section 6, the Controller.--

• (a) shall call upon the landlord or any other person who may be in possession of the building by notice in writing to show cause, within seven days from the date of. the service of such notice on him, why the building should not be ordered to the leased to a public authority or other person as may be specified in the notice; and
• (b) may, by order direct that neither the landlord nor any other person shall, without the permission of the Controller, dispose of or structurally alter the building or let it out to a tenant or occupy it or use it until the expiry of such period not exceeding one month, as may be specified in the order.

(2) In selecting the public authority or other person in whose favour an order may be made under this section, the Controller shall observe such order of priority as may be prescribed:

Provided that where the State Government, or in respe

S.9 Contents of the order directing leasing of a building to a public authority or other person

Every order under Section 5 or Section 6 shall be in writing and shall specify--

• (a) the person to whom possession of the building should be delivered;
• (b) the date on which such possession should be delivered, such date not being earlier than five days from the date of service of the order; and
• (c) the rent, if any, as fixed by the Controller under sub-section (4) of Section 8.

S.10 Rights over the building ordered to be leased to a public authority or other person

(1) Upon the service of the order under Section 5 or Section 6, the landlord shall deliver possession of the building to the authority or person to whom building is directed to be leased on the date specified in such order and such authority or person shall be deemed to be the tenant of the landlord with effect from the date on which the possession of the building is delivered to such authority or person at the rate of rent specified in such order, the other terms of tenancy being such as may be agreed upon between the landlord and the tenant or in default of an agreement, as may be determined by the Controller.

(2) If the landlord fails to deliver possession under sub-section (1), the Controller or any officer authorised by him may take possession of the building breaking open locks, if any, using such force with such police assistance as may be required for evicting any person in occupation or control of such building who refuses to deliver and for removing any obstruction

S.10A Eviction by the Controller

1(1) Where in accordance with the provisions of Section 4, the vacancy of any building is required to be intimated to the Controller and is not so intimated, and the Controller believes or has reason to believe that any person has in contravention of sub-section (2) of Section 4 occupied the building or any part thereof, he may by notice in writing/ call upon the person in occupation to show cause, within a time to be fixed by the Controller, why such person should not be evicted there from.

(2) If the person to whom a notice was issued under sub-section (1) fails to appear before the Controller, or having appeared, fails to satisfy the Controller that he is entitled to remain in occupation of the building, the Controller may, without prejudice to any other action which may be taken against him under this Act or under any other law for the time being in force, direct him by order in writing to vacate the building within such period as may be specified in the order

S.11 Conversion of residential building

(1) Save as otherwise provided in this Act, no residential building shall be converted into a non-residential building except with the permission in writing of the Controller.

(2) If the Controller does not within sixty days from the date of receipt of an application for permission under sub-section (1), pass any order on the application, he shall be deemed to have granted the permission applied for.

(3) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to five hundred rupees.

S.12 Appeal

Any person aggrieved by an order passed by the Controller under the provisions of this Part may within thirty days from the date of communication of the order, appeal--

• (i) to the Deputy Commissioner, when the officer passing the order is an officer below the rank of a Deputy Commissioner; and
• (ii) to the Divisional Commissioner, when the officer passing the order is an officer not below the rank of a Deputy Commissioner, and the appellate authority may pass such order on the appeal as it deems fit.

S.13 Payment of cost of eviction

1[Where possession of any building is taken by the Controller or any officer authorised by him under sub-section (2) of Section 10 or under clause (a) of sub-section (3) of Section 10A, the landlord] shall be liable to pay the State Government the expenses, if any, incurred by the State Government in effecting 2[the eviction of the landlord or any other person] from such building, as may be determined by the Controller and the amount so payable shall be recoverable as arrears of land revenue.

1. Substituted by Act No. 14 of 1969, w.e.f. 21-7-1969, for the followings:- "Any person refusing to vacate a building directed to be leased under Section 5 or Section 6"

2. Substituted by Act No. 14 of 1969, w.e.f. 21-7-1969, for the followings:- "his eviction"

S.14 Fixation of fair rent, etc

(1) The landlord or tenant of any building, other than a building in respect of which the fair rent has been fixed either before or after the coming into operation of this Act, may make an application to the Controller for fixing the fair rent of the building.

1[(a) xxx.]

1[(b) xxx.]

(2) On receipt of an application under sub-section (1), the Controller shall, after holding such inquiry as he thinks fit, fix the fair rent for such building. On fixing the fair rent for any building part of which has been lawfully sublet, the Controller may also fix the fair rent of the part sublet.

(3) In fixing the fair rent under this Section the Controller shall have due regard--

• (a) to the prevailing rates of rent in the locality for the same or similar accommodation in similar circumstances during the twelve months prior to the First day of April, 1947;
• (b) to the rental value as entered in the property tax assessment book
  

S.15 Restriction on sale or hire of furniture in any house let to a tenant

(1) No person shall make the purchase or hire of any furniture in any house, a condition of the grant, renewal or continuance of a tenancy of such house and no person shall sell or hire the furniture in any house of which he is the landlord to the tenant of such house, except under a permit in the prescribed Form from the Controller and such permit shall not be given unless the price or hire is reasonable.

(2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to one thousand rupees.

S.16 Lawful increase of or reduction in fair rent in what cases admissible

(1) When the fair rent of a building has been fixed no further increase in such fair rent shall be permissible except in cases where some addition, improvement, or structural alteration has been carried out at the landlord's expense other than tenantable repairs necessary or usual for such building and if the building is then in the occupation of a tenant at the request of such tenant:

Provided that the increase in fair rent under this sub-section shall not exceed six per centum per annum on the cost of such addition, improvement or alteration, and it shall not be chargeable until such addition, improvement or alteration has been completed.

(2) Notwithstanding anything contained in sub-section (1), where the cost of repairs effected in pursuance of orders of the Court under sub-section (3) of Section 1[44], exceeds one sixth of the annual rent of a building, such excess shall for purpose of sub-section (1), be deemed to be expense incurred by the landlord i

S.17 Increase of rent where tax or cess is increased

(1) Where the rate of tax or cess payable by the landlord in respect of any building to a local authority is enhanced, the landlord shall be entitled to claim such excess from the tenant in addition to the rent payable for the building:

Provided that such excess shall not be recoverable in so far as it has resulted from an increase of rent in respect of the building.

(2) Any dispute between the landlord and the tenant in regard to any increase claimed under Sub-section (1) shall be decided by the Controller.

S.18 Unlawful charges not to be claimed or received

(1) Where the fair rent of a building has been determined.--

• (a) no person shall claim, receive or stipulate for the payment of any sum as premium or pugree or any consideration whatsoever in cash or kind, in addition to such fair rent or save as provided in Sections 16 and 17 any rent in excess of such fair rent:

Provided that the landlord may receive or stipulate, for the payment of an amount not exceeding two months rent by way of advance;

• (b) save as provided in clause (a), any premium or pugree or other consideration or any rent paid in addition to such fair rent whether before or after the commencement of this Part in consideration of the grant or continuance or renewal of the tenancy of the building after such commencement shall be refunded or returned by the landlord or other person to the person by whom it was paid or at the option of such person otherwise adjusted by the landlord or other person:

Provided that where before the determin


S.19 Right of tenant to deposit rent in certain cases

(1) Where the address of the landlord or his authorised agent is not known to the tenant, or the landlord refuses to accept the rent remitted by postal money order under Section 1[47], the tenant may deposit the rent lawfully payable to the landlord in respect of the premises together with such fee and such particulars as may be prescribed for the service of the notice referred to in sub-section (2), in Court and in such manner as may be prescribed and continue to deposit any rent, which may subsequently become due in respect of the premises together with the fees prescribed as aforesaid in Court in the same manner until the address of the landlord or his authorised agent becomes known to the tenant, or until the landlord signifies by notice in writing to the tenant his willingness to accept any subsequent rent which becomes due in respect of the premises, as the case may be.

(2) When any deposit is made under sub-section (1), the Court shall cause notice of the d


S.20 Time for deposit and savings

(1) No rent deposited under Section 19 shall be deemed to have been validly deposited under that Section for purposes of Section 21 unless deposited within fifteen days of the time fixed in the agreement of tenancy with the landlord for payment of the rent, or in the absence of such agreement unless deposited within fifteen days after the last day of the month for which the rent was payable or within fifteen days from the date on which the rent remitted by postal money order under sub-section (2) of Section 1[47] is returned by the postal authorities as undelivered, as the case may be.

(2) If the rent is deposited within the time specified in sub-section (1), the deposit shall constitute a payment of rent to the landlord if the amount deposited would have been valid legal tender of rent if tendered to the landlord on the date fixed in the agreement of tenancy with the landlord for payment of rent, or in the absence of such agreement by the first day of the month n


S.21 Protection of tenants against eviction

(1) Notwithstanding anything to the contrary contained in any other law or contract, no order or decree for the recovery of possession of any premises shall be made by any Court or other authority in favour of the landlord against the tenant:

Provided that the Court may on an application made to it, make an order for the recovery of possession of a premises 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 payment for the arrears of rent has been served on him by the landlord by tender or delivery either personally to the tenant or to a member or servant of his family at his residence (or if such tender or delivery is not practicable) by affixture to a conspicuous part of the premises;
• (b) that the tenant has committed any act contrary to the provisions of clause (o) of Section 108 o
  

S.21A Vacation of residential building in certain cases

1(1) Notwithstanding anything contained in this Act, on and from the date of coming into force of this section,--

• (a) any person who is in occupation or possession of a residential building as a tenant on allotment by the Controller, shall, within one year from the said date vacate such building if he owns in his name or in the name of any member of his family, a residential building in the same city, town or village (hereinafter referred to as his own building');
• (b) such person shall be entitled to recover possession of his own building, in case it is let out to any other person and he may apply to the prescribed authority for eviction of such other person:

Provided that no such application, shall be entertained unless the applicant has given notice of not less than four months requiring the person sought to be evicted to vacate the said building;

• (c) the prescribed authority shall, after making such summary inquiry as it deems nec
  

S.21B Special provision for recovery of possession of premises by members of Armed Forces of the Union or a member of the family of a deceased member of such Forces

1(1) Notwithstanding anything contained in this Act.--

• (a) a landlord, who is a member of the Armed Forces of the Union or who was such a member and is duly retired which term shall include premature retirement shall be entitled to recover possession of any premises on the ground that the premises is bona fide required by him for occupation by himself or any member of his family and the Court shall pass a decree for eviction on such ground if the landlord, at the hearing of the suit, produces a certificate given by the head of his service or his commanding officer, to the effect that,--
  • (i) he is presently a member of the Armed Forces of the Union or he was such a member and is now retired; and
  • (ii) he does not possess any other suitable accommodation in the local area where he or the members of his family can reside.
• (b) Where a member of the Armed Forces of the Union dies while in service or such member is
  

S.21C Special provision for recovery of possession of premises by the retired Government Servants or a member of the family of the deceased retired Government Servant

1(1) Notwithstanding anything contained in this Act.--

• (a) a landlord, being a person who was appointed to a public service or post in connection with the affairs of the State of Karnataka (hereinafter referred to as the Government servant) and is duly retired (which term shall include premature retirement) shall be entitled to recover possession of any premises on the ground that the premises is bona fide required by him for occupation by himself or any member of his family and the Court shall pass a decree for eviction on such ground if the landlord at the hearing of the suit, produces a certificate signed by the Controlling Officer to the effect that--
  • (i) the landlord is a person who was appointed to a public service or post in connection with the affairs of the State of Karnataka and is now a retired Government servant;
  • (ii) he does not possess any other suitable premises in the local area where he or the members of his fam
    

S.22 Subtenant to become tenant on determination of tenancy

Where the interest of a tenant of any premises is determined for any reason, any subtenant to whom the premises or any part thereof has been lawfully sublet before the coming into operation of this Act shall, subject to the provisions of this Act, be deemed to become the tenant of the landlord on the same terms and conditions as he would have held from the tenant if the tenancy had continued.




S.23 Tenant not to sublet or transfer after commencement of this Part

(1) Notwithstanding anything contained in any law, but subject to any contract to the contrary, it shall not be lawful after the coming into operation of this Part, for any tenant to sublet whole or any part of the premises let to him or to assign or transfer in any other manner his interest therein:

Provided that the State Government may, by notification, permit in any area the transfer of interest in premises held under such leases or class of leases and to such extent as may be specified in the notification:

Provided further that nothing in this Section shall apply to a tenant having a right to enjoy any premises in perpetuity.

(2) Any person who contravenes the provisions of sub-section (1), shall, on conviction, be punished with fine which may extend to one hundred rupees.




S.24 Recovery of possession for repairs and re-entry

(1) The Court shall when passing a decree on the ground specified in clause (i) of the proviso to sub-section (1) of Section 21, ascertain from the tenant whether he elects to be placed in occupation of the premises 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 decree the date on or before which he shall deliver possession so as to enable the landlord to commence the work of repairs.

(2) If the tenant delivers possession on or before the date specified in the decree, the landlord shall, two months before the date on which the work of repairs is likely to be completed, give notice to the tenant of the date on which the said work shall be completed. Within fifteen days from the date of receipt of such notice, the tenant shall intimate to the landlord his acceptance of the accommodation offered and deposit with the landlord rent for one month. If the tenant gives such intimation and makes the deposit, t


S.25 Recovery of possession for occupation and re-entry

(1) Where a decree for eviction has been passed by the Court on the ground specified in clause (h) of the proviso to sub-section (1) of Section 21 and the premises are not occupied within a period of three months from the date the landlord recovers possession, or the premises are relet within one year of the said date to any person other than the original tenant, the Court may, on the application of the original tenant made within thirteen months of such date, order the landlord to place such tenant in occupation of the premises on the original terms and conditions, and on such order being made, the landlord and any person who may be in occupation of the premises shall give vacant possession to the original tenant,

(2) Any landlord who recovers possession on the ground specified in clause (h) of the proviso to sub-section (1) of Section 21, and keeps the premises unoccupied without reasonable excuse for a period of three months from the date he recovered possession and any l


S.26 Recovery of possession for demolishing building and re-entry

(1) Where a decree for eviction has been passed by the Court on the ground specified in clause (j) of the proviso to sub-section (1) of Section 21 and the work of demolishing the premises has not been commenced by the landlord within the period specified in the decree, the tenant may give the landlord a notice of his intention to occupy the premises from which he has been evicted and if the landlord does not forthwith deliver to him vacant possession of the premises on the same terms and conditions on which he occupied them immediately before the eviction, the tenant may make an application to the Court within six weeks from the date of expiry of the period specified in the decree.

(2) If the Court is satisfied that the landlord has not substantially commenced the work of demolishing the premises within the period of one month in accordance with his undertaking, the Court shall order the landlord to deliver to the tenant vacant possession of the premises on the terms and con


S.27 Tenant's right to give notice to the landlord of his intention to occupy tenement in new building

Where a decree for eviction has been passed by a Court on the ground specified in clause (j) of the proviso to sub-section (1) of Section 21 and the work of demolishing the premises and of the erection of a new building has been commenced by the landlord, the tenant may, within six months from the date on which he delivered vacant possession of the premises to the landlord, give notice to the landlord of his intention to occupy the new building on its completion on the following conditions, namely:--

• (a) that he shall pay to the landlord the fair rent in respect of the building:

  Provided that in respect of a residential building the tenant shall not be required to pay rent in relation to the area at more than double the rate at which he paid rent for his former building immediately before his eviction unless the landlord obtains an order of the Controller fixing the fair rent in respect of the building at a higher rate;

• (b) that his occupat
  

S.28 Landlord to intimate the tenant, date of completion and tenant's right to occupy the new building

(1) On receipt of notice from the tenant under Section 27, the landlord shall, not less than three months before the date on which the erection of the new building is likely to be completed, intimate the tenant the date on which the said erection shall be completed. On the said date the tenant shall be entitled to occupy the building.

(2) (a) If the tenant fails to occupy the building within a period of one month from the date on which he is entitled to occupy it under sub-section (1), the tenant's right to occupy the said building under the said sub-section shall terminate and the landlord shall be entitled to recover from the tenant, a sum equal to three times the amount of the monthly fair rent in respect of the building.

(b) If the landlord fails without reasonable excuse to comply with the provisions of sub-section (1), or to place the tenant in occupation of the building he shall, without prejudice to his liability to place the tenant in vacant possession of the


S.29 Deposit and payment of rent during the pendency of proceedings for eviction

(1) No tenant against whom an application for eviction has been made by a landlord under Section 21, shall be entitled to contest the application before the Court under that Section or to prefer or prosecute 1[a revision petition under Section 50 against an order made by the Court on application under Section 21] unless he has paid or pays to the landlord or deposits with the Court or the District Judge or the High Court, as the case may be, all arrears of rent due in respect of the premises upto the date of payment or deposits and continues to pay or to deposit any rent which may subsequently become due in respect of the premises at the rate at which it was last paid or agreed to be paid; until the termination of the proceedings before the Court or the District Judge or the High Court, as the case may be.

(2) The deposit of the rent under sub-section (1) shall be made within the time and in the manner prescribed and shall be accompanied by such fee as may be pres


S.30 Vacant possession to landlord

Notwithstanding anything contained in any other law, where the interest of the tenant in any premises is determined for any reason whatsoever and any order is made by the Court under this Act for the recovery of possession of such premises the order shall, subject to the provisions of Section 21, be binding on all persons who may be in occupation of the premises and vacant possession thereto shall be given to the landlord by evicting such persons therefrom:

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




S.31 Exemption in respect of certain buildings

Nothing contained in this Part shall apply to a non-residential building the monthly rent of which exceeds five hundred rupees or the annual rental value of which exceeds six thousand rupees:

Provided that the exemption under this Section shall not apply:--

• (i) to any building taken on lease by a public authority or by an educational institution; or
• (ii) to any building occupied by more than one tenant each paying monthly rent not exceeding five hundred rupees or an annual rent not exceeding six thousand rupees.



S.PART V-A SPECIAL PROVISIONS




S.31A Application of the Part

1[The provisions of this Part shall apply in respect of residential buildings to which Part II applies.]

1. Inserted by Act No. 66 of 1976, w.e.f. 13-10-1976.




S.31B Voluntary declaration

1[(1) Notwithstanding anything contained in this Act,--

• (i) any landlord who has occupied or let out a residential building; or
• (ii) any person who has occupied such building as a tenant, in contravention of Section 4 or Section 5, may, within sixty days from the date of coming into force of this Section, make a declaration in this behalf to the prescribed authority:

Provided that the prescribed authority may entertain the declaration after the expiry of the said period of sixty days if it is satisfied that the declarant was prevented by sufficient cause from filing the declaration in time.

(2) Such declaration shall contain the following particulars, namely:--

• (a) Name and address of the declarant;
• (b) Name and address of the landlord and tenant, if any;
• (c) Location of the building along with its Municipal Number;
• (d) Date on which it was occupied or let out;
• (e) Whether such la
  

S.31C Regularisation of occupation

1[(1) On receipt of the declaration under Section 31-B, the prescribed authority shall, if so satisfied pass an order declaring that the occupation or letting out from its inception is lawful:

Provided that no such order shall be passed in favour of a declarant who owns either in his own name or in the name of his family any residential building in the same city, town or village in when the building referred to in the declaration is situated.

(2) On the passing of an order tinder sub-section (1), the declarant if he is a tenant shall be deemed for all purposes of the Act to be a person in whose favour the building is ordered to be leased under Section 5.

(3) The provisions of sub-section (3) of Section 4 and Section 10-A shall not apply when an order under sub-section (1) is made.]

1. Inserted by Act No. 66 of 1976, w.e.f. 13-10-1976.




S.31D Regularisation not to affect other remedies

1[Any order passed under sub-section (1) of Section 31-C, shall not in any way prejudice any action taken or to be taken by any person under Section 21.]

1. Inserted by Act No. 66 of 1976, w.e.f. 13-10-1976.




S.32 Fixation of fair rates and number of lodgers

(1) The competent authority may fix a fair rate to be charged for board, lodging or other service provided in a hotel or lodging house at such amount as having regard to the circumstances of the case, he deems just.

(2) The competent authority may fix a fair rate separately for--

• (i) lodging with reference to the nature of the accommodation and the number of lodgers to be accommodated;
• (ii) board, partial or full;
• (iii) other service.

(3) The competent authority may fix fair rates separately for daily and monthly lodgers,

(4) The competent authority may fix the number of lodgers to be accommodated in each room or specified accommodation in the hotel or lodging house:

Provided that where any room or specified accommodation is provided to any lodger, the members of his family may also be accommodated in the same room or accommodation in excess of the number fixed under this sub-section.

Explanation.-- For the pu


S.33 Revision of fair rates and number of lodgers

The competent authority may, from time to time, revise the fair rates or the number of lodgers fixed under Section 32.




S.34 Notice of fair rate

Where under Section 32 or Section 33 the competent authority has fixed or revised the fair rate, or the number of lodgers to be accommodated in each room or specified accommodation, the manager of the hotel or the owner of the lodging house, as the case may be, shall display a notice of the fair rate number of lodgers and all the provisions of this Part relating thereto, in a conspicuous manner in the hotel or lodging house and also in the room or accommodation in respect of which the fair rate and the number of lodgers are fixed or revised.




S.35 Charges not recoverable in excess of fair rate

(1) Notwithstanding any agreement to the contrary, no manager of a hotel or owner of a lodging house shall charge any amount in excess of the fair rate.

(2) When the competent authority has fixed the fair rate, any agreement for the payment of any charges in excess of such fair rate shall be void in respect of such excess and shall be construed as if it were an agreement for payment of the said fair rate.

(3) Any sum paid by a lodger in excess of the fair rate shall be recoverable by him at any time within a period of one year from the date of payment from the manager of the hotel or the owner of the lodging house or his legal representative, and may, without prejudice to any other remedy for recovery be deducted by such lodger from any amount payable by him to such manager or owner.




S.36 Restriction on ejectment of lodger

No manager of a hotel or owner of a lodging house shall evict or refuse board or other service to a lodger so long as he pays or is ready and willing to pay, the fair rate and observes and performs the other conditions of his agreement in so far as they are consistent with the provisions of this Act.




S.37 When manager of a hotel or owner of lodging house may recover possession

Notwithstanding anything contained in this Act, a manager of a hotel or owner of a lodging house shall be entitled to recover possession of the accommodation provided by him to a lodger on obtaining a certificate from the competent authority certifying that.--

• (a) the lodger has been guilty of conduct which is a nuisance or an annoyance to any adjoining or neighbouring lodger; or
• (b) the accommodation is reasonably and bona fide required by the owner of the hotel or lodging house, as the case may be, either for his own occupation or for any other cause which may be deemed satisfactory by the competent authority; or
• (c) the lodger is habitually irregular in making payment of the charges for board, lodging or other service provided in the hotel or lodging house; or
• (d) the lodger has failed to vacate the accommodation on the termination of the period of the agreement in respect thereof; or
• (e) the lodger has done any act which is incon
  

S.38 Intimation to competent authority of particulars relating to hotels and lodging houses

A manager of a hotel or an owner of a lodging house carrying on business in any area prior to the application of this Part, to such area, shall within thirty days from the date of application of this Part, to such area, and a manager of a hotel or an owner of a lodging house commencing business in any area to which this Part is applicable after the date of such application, shall within thirty days of commencing business, submit to the competent authority a statement in the prescribed Form showing the accommodation in the hotel or lodging house, the rates charged for the board, lodging and other service provided in the hotel or lodging house and such other particulars as may be prescribed.




S.39 Penalties

(1) If any manager of a hotel or owner of a lodging house either himself or through any person acting or purporting to act on his behalf or if any person acting or purporting to act on behalf of a manager of a hotel or owner of a lodging house receives any fine, premium or other like sum or deposit or any consideration other than the fair rate, in respect of the grant or continuance of accommodation in the hotel or lodging house, such manager, owner or person shall, on conviction, be punished with fine which may extend to one thousand rupees; provided that such fine shall not be less than twice the amount of the fine, premium or sum or deposit or the value of the consideration received by him. The Magistrate shall out of the fine levied, direct payment to the lodger of an amount equal to the fine, premium or other like sum of deposit or to the value of the consideration received from him.

(2) Any manager of a hotel or owner of a lodging house who charges any amount in excess


S.40 Provisions relating to inquiries by competent authority

(1) No order under this Part shall be made by the competent authority except after holding an inquiry.

(2) Every such inquiry shall be made summarily in the prescribed manner.

(3) For the purposes of holding an inquiry under sub-section (1), the competent authority shall have the same powers as are vested in Civil Courts in respect of--

• (a) proof of facts by affidavits;
• (b) summoning and enforcing the attendance of any person and examining him on oath;
• (c) compelling the production of documents; and
• (d) issuing commissions for the examination of witnesses.

(4) The competent authority may himself enter or authorise any person subordinate to him to enter upon any premises, hotel or lodging house or any part thereof to which the inquiry relates.




S.41 Appeal

An appeal shall He to the Divisional Commissioner from an order passed by the competent authority under the provisions of this Part (including an order granting or refusing a certificate under Section 37) within fifteen days from the date of communication of the order and the Divisional Commissioner may pass such order thereon as he deems fit.




S.42 Deposit in Court of charges payable by lodger

Where any suit is instituted by a manager of a hotel or an owner of a lodging house against a lodger for recovery of charges for accommodation provided in the hotel or lodging house, pending the final decision of the suit, the manager of the hotel or the owner of the lodging house may make an application to the Court requiring the lodger to deposit in Court the amount of such charges. On such application the Court may make an order directing lodger to deposit in Court such amount of charges within such period as it thinks fit and shall serve the order upon the lodger and a copy thereof upon the manager of the hotel or the owner of the lodging house. If the lodger fails to deposit such amount within the period specified in the order, the Court may at any time thereafter pass an order for the eviction of the lodger.




S.43 Landlord not to cut off or withhold essential supply or service

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

(2) A tenant in occupation of the building may, if the landlord has contravened the provisions of sub-section (1), make an application to the Court for a direction to restore such supply or service.

(3) If the Court on perusal of the application and affidavits, if any, filed by the tenant after making such examination of the applicant as it thinks fit, is prima facie satisfied that the essential supply or service was cut off or withheld without sufficient cause, the Court may pass an interim order directing the landlord to restore the amenities immediately, pending the inquiry referred to in sub-section (4).

Explanation.-- An interim order may be passed under this sub-section without giving notice to the landlord.

S.44 Repairs and improvements

(1) Every landlord shall be bound to keep the building in reasonably good repair.

(2) If the landlord neglects to make, within a reasonable time after a notice by the tenant is served upon him by registered post, any repairs which he is bound to make under sub-section (1), the tenant may make the repairs himself and deduct the cost of such repairs from the rent or otherwise recover it from the landlord:

Provided that where the tenant makes the repairs himself, 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 the cost of such repairs exceeds one-twelfth of the rent payable by the tenant for that year or where the building is directed to be leased under Section 5 or Section 6, the Court may, by order, direct the landlord to execute such repairs which he is bound to make under sub-section (1), and as may be specified in the notice within such reasonable time as may be mentione


S.45 Decisions which have become final not to be re-opened

The Court or the Controller shall summarily reject any application under this Act which raises, between the same parties or between parties under whom they or any of them claim, substantially the same issues as have been finally decided in a former proceeding under this Act or under any of the enactments repealed by Section 62.




S.46 Orders to be pronounced in open Court

Every order passed by a Court or the Controller or a competent authority under this Act, shall be pronounced in open Court on the day on which the case is finally heard, or on some future day of which due notice shall be given to the parties.




S.47 Issue of receipt for an amount received

(1) Every landlord shall give a written receipt to the tenant for any amount at the time when such amount is received by him in respect of any premises in such Form and in such manner as may be prescribed.

(2) If the landlord fails to issue a receipt in accordance with sub-section (1), or refuses to accept or evades the receipt of any amount lawfully payable to him by a tenant in respect of any premises, the tenant may remit to the landlord the amount within fifteen days from the date on which it falls due by postal money order deducting the money order commission..

(3) Any landlord who fails to give written receipt for any amount received by him in respect of any premises shall, on conviction, be punished with fine which may extend to one hundred rupees.




S.48 Appeals

1[(1)xxxx.]

(2) In computing the period specified in this Act for filing appeals the time taken to obtain certified copies of the order appealed against shall be excluded.

(3) The provisions of Section 5 of the Indian Limitation Act, 1908, shall be applicable to appeals under this Act.

(4) On an appeal being preferred under this Act, the appellate authority may order stay of further proceedings in the matter pending decision on the Appeal.

2[(5) The Appellate Authority shall send for the records of the case from the Controller and after giving the parties an opportunity of being heard and if necessary after making such further enquiry as it thinks fit either itself or through the Controller shall decide the appeal.

(6) An order of the Court or the Controller, shall, subject to the decision of the District Judge or the High Court under Section 3[50] or of the relevant appellate authority under this Act, be final and


S.49 Costs

Subject to such conditions and limitations/ if any, as may be prescribed, the cost of, and incidental to all proceedings before 1[the Court or the Controller] shall be in the discretion of 1[the Court or the Controller] which or who shall have full power to determine by whom or out of what property and to what extent such costs, are to be paid, and to give all necessary directions for the purpose.

Explanation,-- 2[xxxx.]

1. Substituted by Act No. 31 of 1975, w.e.f. 22-5-1975, for the followings:- "the Court, the Controller or the District Judge"

2. Omitted by Act No. 31 of 1975, w.e.f. 22-5-1975.




S.50 Revision

1(1) The High Court may, at any time call for and examine any order passed or proceeding taken by 2[the Court of Small Causes or the Court of Civil Judge] under this Act or any order passed, by the Controller under Sections 14, 15,16 or 17 for the purpose of satisfying itself as to the legality or correctness of such order or proceeding and may pass such order in reference thereto as it thinks fit.

(2) The District Judge may, at any time call for and examine any order passed or proceeding taken by the Court of Munsiff referred to in sub-clause (iii) of clause (d) of Section 3 for the purpose of satisfying himself as to the legality or correctness of such order or proceeding and may pass such order in reference thereto as he thinks fit. The order of the District Judge shall be final.

(3) The costs of and incidental to all proceedings before the High Court or the District Judge shall be in the discretion of the High Court or the District Judge, as


S.51 Proceedings by or against legal representatives

(1) Any application made, appeal preferred, or proceeding taken under this Act by or against any person, may, in the event of his death be continued by or against his legal representative.

(2) Where any application; appeal or other proceedings would have been made, preferred or taken under this Act by or against any person, such application, appeal or other proceedings may, in the event of his death, be made, preferred or taken by or against his legal representatives.




S.51A Power to prosecute

1The Controller or any other officer authorised by the State Government in this behalf, may prosecute any person for contravention of any of the provisions of this Act or any Rule made there under.

1. Inserted by Act No. 14 of 1969, w.e.f. 21-7-1969.




S.52 Local authorities to furnish certified extracts from property tax assessment books

Every local authority, shall on application made in this behalf and on payment of such fee, as may, from time to time, be fixed by the State Government by notification, grant to the applicant a certified copy of the extract from the property tax assessment book of the local authority showing the rental value of the building or buildings in respect of which application has been made, relating to the period specified in the application. Such certified copy shall be received as evidence of the facts stated therein, in proceedings under this Act.




S.53 Landlord and tenant to furnish particulars

(1) Every landlord and every tenant of a building shall be bound to furnish to the Controller or any person authorised by him in that behalf, such particulars in respect of the building as may be prescribed.

(2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to five hundred rupees.




S.54 Controller and competent authority to be deemed public servants

The Controller and competent authorities appointed under this Act shall be deemed to be public servants within the meaning of Section 31 of the Indian Penal Code and the Prevention of Corruption Act, 1947 (Central Act II of 1947), for the time being in force.




S.55 All proceedings before a Controller to be judicial proceedings

All proceedings before a Controller shall be deemed to be judicial proceedings for the purposes of Sections 193 and 228 of the Indian Penal Code.




S.56 Offences by companies, etc

(1) Where an offence under this Act is committed by a company, the company, as well as every person-in-charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that, nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence,

(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that commission of the offence is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary


S.57 Power of Magistrate to levy fine exceeding two thousand rupees

Notwithstanding anything contained in Section 32 of the Code of Criminal Procedure, 1898 (Central Act V of 1898), it shall be lawful for any Magistrate of the first class to pass a sentence of fine exceeding two thousand rupees on a person convicted of an offence punishable under this Act.




S.58 Protection of action taken in good faith

(1) No suit, prosecution or other legal proceedings shall lie against the Controller or the competent authority or any officer or servant of the State Government or any person acting under his direction or assisting him for anything which is in good faith. done or intended to be done, in pursuance of this Act or of any Rules or Orders made thereunder.

(2) No suit or other legal proceedings shall lie against the State Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done, in pursuance of this Act or of any Rules or of Orders made thereunder.




S.59 Power to make Rules

(1) The State Government may, subject to the condition of previous publication, by notification, 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--

• (a) the procedure to be followed by the Controller, the Court, the District Judge 1[or an appellate authority] in the performance of their functions under this Act;
• (b) the manner in which intimation, notices and orders under this Act shall be given or served;
• (c) setting aside ex-parte orders passed under this Act and the time within which applications for setting aside such orders shall be made;
• (d) applications for making legal representatives of deceased persons parties to proceedings under this Act and the time within which such applications, shall be preferred;
• (e) the levy of fee in respect of applications, petitions, certificates, appeals and processes un
  

S.60 Rules and notifications to be laid before the State Legislature

Every Rule made under this Act and notification issued under sub-section (6) of Section 2, shall be laid as soon as may be after it is made, before each 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 in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the Rule or notification or both Houses agree that the Rule or notification should not be made, the Rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Rule or notification.




S.61 Bar against subletting, etc., never to have had effect in certain cases

Notwithstanding anything contained in any Judgment, decree or order of a Court or any contract, the bar against subletting, assignment or transfer of premises contained in Section 15 of the Bombay Rents, Hotels and Lodging Houses Rates Control Act, 1947 (Bombay Act LVII of 1947) as in force before the commencement of this Act, or in any contract, shall, in respect of such sub-lessees, assignees or transfers as have entered into possession despite the bar before the coming into force of this Act, and as continued in possession at such commencement, have no effect and be deemed never to have had any effect,




S.62 Repeal and savings

The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay Act LVII of 1947) as in force in the 1[Belgaum Area]; the Madras Buildings (Lease and Rent Control) Act, 1949 (Madras Act XXV of 1949), as in force in the 1[Mangalore and Kollegal Area]; the Mysore House Rent and Accommodation Control Act, 1951 (Mysore Act XXX of 1951), as in force in the Mysore Area; the Coorg Buildings (Lease and Rent Control) Act, 1951 (Co org Act V of 1951), as in force in Co org District and the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954 2[(Hyderabad Act XX of 1954) with effect from 31-12-1961], as in force in the 1[Gulbarga Area], are hereby repealed:

Provided that the provisions of Section 6 of the Karnataka General Clauses Act, 1899, shall be applicable in respect of the repeal of the said enactments and Sections 8 and 24 of the said Act shall be applicable as if the said enactments were permanent Mysore Acts and ha