The Odisha House Rent Control Act, 1967

The Orissa House Rent Control Act, 1967 Act 4 of 1968 Keyword(s): Controller, Fair-Rent, House, Landlord, Tenant DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. OWSSA A CT 4 OF 1968 THE ORESA ROUSE RENT CONTROL ACT, 1967 - - CONTENTS PREAMBLE SSCT~ONS 1. Short title, extent, commencement and duration 2. Definitions 3. Salami or prprnium not to be charged 4. Landlord entitled to fair-rent 5. Dcturmination of fair-rent 6. Crrotinuance of tenancy 7. Conditions under which a tenant can be ejected 8. Bar OF claima in excesss of the determined rent and refund of excess payment 9. Redetermination of fair-rent in certain cases 10. Landlord to effect repairs 11. Continuance of tenancies other than tenancies from month to month 12. Enquiries and Procedure 13. Appeal 14. Finality of orders 15. Court to deliver possession 16. Stay of execution of decree or order for eviction in cerlaia cam 17. Penalty 18. False statements 19. Protection of action taken under the Act 20. Exemption 21. Power to make rules 22. Validation of certain actions '[THE ORISSA HOUSE RENT CONTROL ACT, 1967 ] Received rhe nssent of the President on the 17th February 1968,f irst published in nil ext raordi- nary issue of ihe Orissa Gazette, daied the 4th March 19681 A N ACT TO PROVIDE FOR THE CONTROL OF HOUSE- RENT IN THB STATE OF ORISSA e it enacted by tlze Legislature of the State Bof Orissa is theEighteenth Year of the Re- public of India, as follows:- I. (I) This Act may be called tho Orissa short titls House-Kent Control Act, 1967. ' e m x c k o n c t, c m c u a t m I i and durarion. (2) It extends to the whole of the State of Orissa. ! (3) Kt sbaIl bc deemed to have come into force on the 4th day of May, 1967 in those local areas of the State in which the Orissa ETouseRent Control A?t, Orissa ,r Act 32 1958was in force inimediately prior to its explry 1958 and it shall wmei~toforceinsuch~therlocalarea or areas on such data as the State Government may, by notification,, appoint in that be ha; - . Provided that sections 17 and 18 shal\cdme intb force in the.earliir mentioned local areas on thi day on which the assent'of the President to. this Act is first published in tht' Gazette. (4) It shnll cease to - have effect 2[on the 4th day :ofMay,: 1981 3 excbpt as respects things done, or omitted to be done before the expiration thereofb and section 5 of the Orissa E ~ 2 i ~ - General CIaus~sA ct, 1937 shall a1 p ly upon the expiry of this Act as if it had then een repealed by an Orissa Act. - 1. Por Statement'of Objccts and Reasons, see Orha Gazeife.H xrra- ardinary ( No. 979). datcd he 1st Augmt 1967 and for Rcport 01t he Select committee, see, ibid, ddated the 15th Daccmbcr 1967 {No. 1599). 2: Substituted by tlie OrIssa How . % " -rent Control ( Amendment ) ha, I974 ( Or. Act 10 uf 1974 ), s. 2, for Od the ex& of stvch years From the date of its c~mmencemcnt?' w;c.C 13h July 1974. DcCln~tions 2. In this -Act unless the -context otherwise requires- (1)"ControIler" in respect of any area means the '1 Subdivisions 1 Judicial Magistrate .] having juris- diction over t hat area .and shall .include any-Magi- strate of the first class .having jurisdiction oOer such area to whom the Subdivisiondl Judicial Magistrate] I[ may transfer any app licatiim 'for disposal; @)'< ' fair-rent" .means -rent xonsiderea teaso- nable having regard to :the ,situation, locality, condi- tion of the premises, amenities p,rovided therein and the rental value fixed by the local -alithority, ;if any; (3) " house" includes any building ,or part of a buildjug with its appurtenances and out-houses used :far, any -purpose whatso,exei; (4) " landlord" includes ang person who is receik.ing or,i s .entitled- tw receivect elieht .of a house whether on his own account or on behalf of another or on behalf of himseif~andothers; (5) tenant " meam any ,person by whom. sr !on CL whose behalf rent .i's .payable for ,my.h-o use and i,ncludes- every ,person <whd6. 0-m9 ime to:t h e, derilves .title under,= ,tenant-#o r:a persomcontinni mg ,in posses- sion after the :'termination $of. his lte~lancy.4 iitherwise than under . the proxisipns of this Act ..and shall :;ilj$lude-anyp ersan+gainst,wbnm:a 'suit for, kjrctment ,is, penaiqg in a Courtof c~mp~te~t.j~fis~ic'btuit dn not a,peflon 9g;iinst whom a. decree 01:. order 'for eviction has been made by such a-Coiirt. , . salami m .3; After the,( dde of cornrrlencemedt~6f~thisSSAct a:landlord shallnotrjb-eotitled .to charge :salami tor Pr;:bmb:0t chargd. premiumifor:~et.tin~iqh~osx ef ~~:reneajtrg:the I'm%:of any h~Use~ I , . . Landlord 4. 'Subject 'to the provisions of .this ~ct'a!n' d . enlitled to notwithstanding any contract to the contrarj, no fair-rent landlord shall be entitled to charge rcnt f o.a~ny rhouse #:aat -sumh igher :than the.:fair-~ent. Dctsrmina- 5; (1) Any landlord -or ,any Itenant may make lion of fair- an applicatiotritotheE mtroIIet..to @:a fdirqent.. rent. 1. ~ubstituredb y the Orissa,Hou~renCt onL~(lA mendment) Act, 1974 (Or. Act 10 of 1974 ), s. 3. w.eldSt April, 1974. (2) Pending final decision on the application the ControIler shall fix a provisional rent, Final deci- sion when made, shall be deemed to have taken effect from the date of tlze application and all amounts paid as provisional rent shall be adjusted towards payment of final rent. (3) The application of the tenant shall be dismissed, IT hc fails to pay the provisional rent regularly. r 6. Notwithstanding anything to the contrar c,,,i,uancs contained in my agreement or law no tenant sha Io f ttnan~~. be liable to be ejected except as provided in section 7. 7. (1) A landlord who seeks to evict his tenant Gndi.nl shall apply to the Controller for a direction in that ,v~cb behalf. a tenant a n be ejacted. (2) If the Controller, after giving the tenant 5 reasonable opport~mity of showing cause against the application, is satisfied- (i) t.hat the tenant has not paid or tendered the rent due from him in respect of the house within thirty days after the expiry of the time fixed ir, the agreement of the tenancy with the landlord for payment of rent or in the absence of any such agreement by the last day of the month next following that for whichthe rent is payable; or (ii) tbat the tenant has without the written, consent of the landlord- (a) transferred his right under the lease or ,. sub-let the cntirc house or any portion thereof (if the Iease, does not confer on ,him any right to do so):; or . (b) used the house for a purpose other than that for which it was let out; or (iii) that the tenant has conimitted such acts of damage as are likely to impair materially the value . or utiIity df the house ; or , (iv) that the tenant has denied the title of the landlordorclaimedaiight of perinanent . tenancy and that such denial or claim is not bona fidq . he shall make an order directing tbc tenant to put the landlord in possession of the house and if the Controller is not so satisf ed, he shall make an order rejecting the application: Providcd that in any case falli r~gu nder dau4se.(i). if the controller is satisfied that the tenant's default to pay or tender rent was not wilful, he may give the tenant a reasonable time not exceeding fifteen dkyshto pay or tender the rent due from him to the land-lord up to the date ~f such payment or tender and on such payment or tender the application shall be rejected. -' (3)W hen an application is made for the eviction + of any tenant on the grounds specified in clause (i> of . sub-section (2) the tenant shall rmit the arrear pent as, -. admitted by him up to the date of such remittanceto the landlo~d.o r deposit the same with Cantroller failing which he shall not be entitled to contest the proceedings. (4) The landlord may, subject to the provisions of this Act, apply to the Controller for- an order directing the tenant to put him in possession of the house, if be requires the house in good -fddiihf or the occupation or use of himselfi any niember of his family-or of any person or persons fbr whose benefit the house is held by him. (5) Notwi thstaading anything contained in section 106 of theTransfer of Property Act, 1882 it 4 d 1 882 sh'afl not Cj'e* necessar.y for the landlo~d to serve a notice for termination of'the tenancy on tHe tenant for the purposes of. pro.meding$ under this,s ection. @)'No, proceedings, whether. for eviction of the tenant or for execution of an order of eviction, instituted under the Orissa House Rent Control Act, 1958-s hall .be challenged merely. on the ground that no such notice' as aforesaid had been served on the tenamt:befor;e institution of such proceedings; Bar of claim 8. When the ControIIel: has d :- terruined. the fair- i [ n hc c xccs d s e te o r f - rent of a house- . . miacd rcnt aad rcfund of excess (a).t he ldndlord. shall-t~ot.claima-n: d. shd1 not paymcn~. , ': be entitled to. any renb in- excess of the rent so determined; (b) any agreement for the payment of rent in excess of the rent so det~rmined,. ,shallb e null and voied in respect of such excess and be construed as if it were a11 agree- ment for payment of such determined rent; and (c) any sum in excess of the determined rent paid after the datc of appIicat ion unc'er sectioll 5 in ~espect of a house for zny pericd after the said date shall be refunded 1.0 the Terson by whom it was 'paid, or at the .option of such person ,otherw,ise adjusted. 9. (1) If at any time after the fair-rent of a house Redetcrmina- has been (etermined under seGtion 5, it ,appears -lion of ., the,ControlIer that ~subsequcntt o such deterrninat.ion,i n certain some ,addition, improver~iento r ,alterafion, not beim,g cases. .* ~~n!thneat ure of necessary repairs or ,repairs lusuadly .,: ,. made to houses in that locality, has been 'made 40 ~t-he ,housematht a landlord's expense,lhe may, -after mak- ,ingsuch enquiries as he thinks fit, redetermine %he fair-rent of the house: Provided that the excess rent payawle for the house shall not exceed sevcn and a haelfp er cent per annum on the cost of such addition, improvement or alteration and dhall be cl~argeablef rom the daZe of completion of such addition, improvement or altera- tion. (2) Notwi thst~ndingth e dete.l.mination or redet~r- mination of the fair-rent as aforesaid if the Contruller is satisfird ,lh at there is a general rise in the value of houses and 'house-sites in any Municipality or in any area within the jurj rdict ion of any other Local aut!to- rity and that such Municipality or other Local ~auBorityh a s imposed a higher rate .of holding-!ax .on.the annual value of the holding in the local~ty, ,he may redetermine $he fair-rent in such cases as he may.thin.k fit, commensurate with the e~~hancement )in the holding-tax. 10. (I) If the landlord fails to effect normal Landlor( tc repairs to the house and there by renders the house cffml rd~~ils- unirfhabitable, the tenant may make an application to the controller, who may, after making such enquiry as he deems fit, direct ?he landlord to eft'eci s-&:ch repairs as may be necessary in the opinion of the Controller within a ,reasorlab l e .period to bc fixed "uy him. (2) In case the landlord fails to compIy with the directions issued under sub-section (I) the Controller may authorise the tenant to effect the repairs at his own cost and to adjust the amount so spent against the rent payable to the Iandlord in such number of instalments as may be ked by the Controller: Provided that rhe tenant shall not be entitled to adjust any amount spent in excess ot' the amount which, in the opinion of the Controller, would have been reasonably necessary for effecting the said repairs. Continu- 11. (I) lf a tenant in possession of any house of tenancies held on a tenancy other tban a tenancy from month other tewd to month wished to extend the period of tenancy by f,,r om mouth not less than six and not more than twelve months, mwth. he may give the landlord, not less than one month before the expiry of the tenancy, a written notice of his intention after depositing with the Controller or paying to the landlord the arrears of rent, if any, and upon the delivery of such notice and upon such deposit or payment being made the ter~ancy shall, save as hereinalter provided, be deemed to haye been extended for the period specified in the notice. (2) Wherethe landlord to whom a notice has been given under sub-section (I) wishes to object to the extension demanded by the tenant, he may withinfifteendays of the delivery to him of such notice, apply to the ControUer in that behalf, and if t be Controller is satisfied- (a) that the house is in good faith required by the landlord for the occupation of himself or any member of his family or for the occupation of any person or persons for whose benefit the house is held by him ; or (b) that thetenant has done any of the acts provided in clauses (i) to (iv) of sub- section (2) of section 7 ; he shall . pass an order disallowing the extension demanded by the tenant. 12. (1) An enquiry under this Act shall be of a Enquiries pr&niwr summary nature and shall, so far as practicable, be held in accordance ivith the provisions contained in of 1908 the Codc of Civil Procedure, 1908. (2) All proceedings under this Act shall, so far as possible, be disposed of within a period of six months from the date of its institution. (3) For the purposes of an enquiry under this Act the Controller may- (a) enter and inspect the house; or (b) authorise any officer subordinate to him to enter and inspect the house. (4) Subject to the provisions of this Act, the 36 of 1963 provisions of the Limitation Act, 1963 except sctions 6, 7, 8, 9, 18 and 19 shall apply to all appeals and applications under this Act. 13. (1) Any person aggrieved by an order of~p~tal the Controller may within thirty days from the date on which the order is communicated to him, present an appeal in writing to '[the Chief Judicial Magis- I** trate ] or any other officer specially appointed by the State Government for the purpose. - - , (2) The authority before whom an appeal is presented shall send for the record of the case from the Controller and, after perusing such record, hearing the parties and after making such further enquiries, as he thinks fit, shall decide the appeal. 14. All orders passed by the Controller shall, Fha]ity of subject to the decision, if any, made in an appeal, .qrapff-. . be final and shall not be called into question in any . . . Court. IS. The order of the Controller made undercourt to section 7 directing the tenant to put the landlord in deliver Wsession. possession of the house, shall be deemed to be a decree and shall be executable as such in the Court of the Munsif within the local limits of whose jurisdiction the house is situate. - . - I. Omittcd by the Orissa House Rent Control (Amendment) Ac& ' 1969 (Or. Act 12 of 1969). 1.c. s: 2. 2. Substituted by the Orissa House Rcnt Control Amendment) Act, . 1974 (Or. Act 10 of 1974). r. 4, for "the Additional List* mgi.q~. ~udic~al)"5 v.e.C. 1st April 1974. sm 16. (1) ~otwithstanding anything in any law .OF edexceraeret oior nof or in any of the other provision of this Act, wheie order fqr a person who continueq in possession of a hou;e e c v e ic r t ta io in n ca in s es in spite of a decree or order for eviction therefroo 1 made against him before the conlmencernent of thb: Act and would but for such decree or order be a tenant within the meaning of this Act, has preferred an appeal against, or made an application for review 0,r revision of, the decree or ,order to a Court of compete jurisdiction, such Court rnay for sufficient 11t cause order stay of execution of the decree or ordcr pending the disposal of ,the appeal .or, as the case may be, the appfication for revie~o r revision. (2) The Court may, while ordering stay of ;exemtion uo der su b-section (I), impose such terms .and conditions .in respect of the quantum and manner of ,payment o t' rent of the house or i11 respect of the manner of possession ,thereof as the Court may deem fit; and on breach of any such terms and condit,ions by the person aforesaid, lthc Court -may, after giving such person .a reasonable oppor- :tntiity of being heard, vacate the ;order of 'stay of ,execution, of, the decree .or order. 17. If any person contravenes any provision of Pearltv t)his ,Act ox of.any rules .or .o.rder.~m ade fiereunder, hk' shall .be -deemed .to hav.e committed ;an offence -qn@ shaU b.e ipenishable with .imprisonment for a term whichmayextend to six months .or ,with fine w&ipb,mqy extend Ro .two .hundred rupees or with botli. ~alsta mti- !P8.'Tf any ,person, when ,required by or ,under ments. *his-Act $ 0 -make m y statement or to furnish -my information, makes any statement of furnishes m y jaforxpation -which is false in .material .particulars . , , &d,wf~ichih e knows or has reasonable ,cause to :. he$evq to ,be false or .does not beJiexe .to be true, . ,,h, es hallbe punishable with fine not:exceed,iqg two bndred cup,ees. Protterion 19. (1) No suit, prosecution or ather legaI or action proceeding shall lie against .any person .for anything ttahkte AnuC"~dc.r which is in good faith done or intended to be done .in pursuance of this Act -,or ,of the rules or aoxders made thereunder. (2) No sxit or other Iegal proceeding shall lie against the Govetnlnent for any damage caused or likely to be caused by anything which is in good faith dune or intended io be done in pursuance of any provision of this Act or of any rule or order made thereunder. 20. (I)N one of 1h e provisions of tfiis Act shalI Exemptions ppJy to the- 2 (a) bLouses owned by the Union Government, a State Government or a Local authority; and (6) houses the construction of which is completed after the commencement of this Act for period of five years from a' the date of their completion. (2) The Stare Government ma), by notificktion, exempt any other house cr class of. houses fiorn all, or any of the provisions of this Act. 21. (1)The State Governnlent may make rules* Power to to carry out the purposes of rhis Act. make rules. (2) Without prejudice to the ge~?eraitly of the i'arcgoing power, such rules may provide for- (a) the procedure to be followed by Control- lers and appeIIate authorities in the performance of their fu~lctions under this Act; and (6) the manner in which notices and orders under this Act shall be given or served. Oristi Act 31 of 195s. 22. Notwithst andiog thc expiration of Orissa vd&tion House Rent Control Act, 2958- of certain actions. (a) anything done, any action taken, any order, appointment or rules made or any notification issued in exercise of or in purported exercise of any power conferred by or under the said Act; znd For n~lcsr rndcr section 21 (I), see Notification No. 14156-L. E. H., tlatcd thc 16th Novcmbcr 1968. published in Orissa Guzette, ddaled the 31st Jnnuary 1969, Pt. Ill., p. 133. (b) any proceedings instituted thereunder, shall be deemed to have been done, taken, made or issued in exercise of the powers conferred by or under this Act and, as the case may be, shall be deemed to have been instituted under this Act as if this Act were in force on the day on which such things was done, action was taken, order, appointment or rules were made, notification was issued or proceedings were instituted; (c) all such proceedings pending before the Controller appointed under the said Act and all appeals pending thereunder shall respectively stand transferred to the *[ Subdivisional Judicial Magistrate and the Chief Judicial Magistrate]. -- -- -.- 1. Substituted by thc Orisa House Rent + Control (Amcndmmt) ~ c t . 397.1 (Or. Act 10 of 19741, s. 5, for "Subdivlslcnal Magistrate and the Additional District Magistrate (Judicial)" w. c. f. 1st April, 1974.