Chhattisgarh Rent Contrdl Act 2011

(ActNa 19 f 2012)
An Act to provide for adjudication of matters relating to rent by a Tribunal and to promote
leasing of accommodation by balancing the interests of landlords and tenants.
Be it enacted by the Chhattisgarh Legislature in the Sixty-second Year of the Republic of
India, as follows :

1. Short title, extent and commencement. - (1)This Act may be called the
Chhattisgarh Rent Control Act, 2011.
(2)It shall extent in first instance such of the Municipal areas which are comprising the
District Headquarters in the State and later on to such of the other Municipal areas or
any areas within the State as the State Government may, by Notification in the Official
Gazette, specify from time to time.
(3) It shall come into force from the date of its publication in the Official Gazette.

2. Definitions. - In this Act, unless the context otherwise requires,

(1) "Accommodation" means any building or part of a building, whether residential
or non-residential, leased out by the landlord to the tenant and includes open space,
staircase, grounds, garden, garage and all facilities and amenities forming part of
the agreement between them of any land which is not being used for agricultural
purposes;
(2) "Agreement" means the written agreement executed by the landlord and the
tenant as required under this Act;
(3) "District" means the district as construed in Chhattisgarh Land Revenue Code,
1959;
(4) "Habitual Defaulter" means a tenant who fails in a period of 12 months on three
or more occasions to pay in full the rent and all dues to the landlord on the due date
in accordance with the agreement;
(5) "Landlord" means a person who for the time being is receiving or is entitled to
receive, the rent of any acCommodation, whether on his own account or on account
of or on behalf of or for the benefit of any other person or as a trustee, guardian or
receiver for any other perSon or who would so receive the rent or to be entitled to
receive the rent, if the acCommodations were let to a tenant;
(6) "Municipalarea" means the Municipal area or Nagar Panchayat area as defined
under Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956) of
Chhattisgarh Municipalities Act, 1961 (No. 37 of 1961), as the case may be;
(7) "Notification" refers to the relevant notification of the Government as published in
the Official Gazette;
 (8) "OldAct" means the Chhattisgarh Accommodation Control Act, 1961 (No. XLIof
1961) with allamending acts;
(9) "Rent" means the consideration payable by the tenant to the landlord against an
accommodation;
(10) "Rent Controller" means the official so appointed under sub-section (1) of
Section 7 of the Act;
(11) "Rent Control Tribuna" means the body constituted under Section 6 (1) of the
Act;
(12) "Repealed Act" refers to Chhattisgarh Accommodation Control Act, 1961 (No.
XLI of 1961) with all amending acts up to the date of selective repeal vide Section
10 (1) of this Act;
(13) "Social Nuis ance"means a tenant who frequently uses the accommodation to
Commit any or all of the acts listed in Serial No. 10 of the Schedule 4;
(14) "Tenant" means
(i) the person by whom or on whose account or behalf rent is, or but for, a
contract express or implied, would be payable for any accommodation to his
landlord including the person who is continuing its possession after the
termination of his tenancy otherwise than by an order or decree for eviction
passed under the provisions of this Act, and
(ü) in the event of death of the person referred to in sub-clause ()
(a) in case of accommodation let out for residential purposes, his
surviving spouse, son, daughter, mother and father who had been
ordinarily residing with him in such accommodation as member of his
family up to his death;
(b) in case of accommodation let out for commercial or business
purposes, his surviving spouse, son, daughter, mother and father who
had been ordinarily carrying on business with him in such
accommodation as member of his family up to his death.

3. Exemptions. - Nothing in this Act shal apply to

(1) Any accommodation belonging to or owned by any department of Government
and/or Board and/or Corporation promoted by and/or owned by the Government.
(2) Any other building and/or category of building(s) specifically exenmpted in public
interest by the Government through notification.

4. Tenancy Agreement. (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 accommodation except by an
agreement in writing.
(2) Where, in relation to a tenancy created before the commencement of this Act,
(a) an agreement in writing was already entered into shall be filed before the Rent
Controller.
 (b) no agreement in writing was entered into, the landlord and the tenant shall enter
into an agreement in writing with regard to that tenancy and file the same before the
Rent Controller;
Provided that where the landlord and the tenant fail to present jointly a copy of tenancy
agreement under clause (a) or fail to reach an agreement under clause (b) such landlord
and the tenant shall separately file the particulars about such tenancy.
(3) Every agreement referred to in sub-section (1) or required to be executed under sub
section (2) shall be in such format and in such manner and within such period as may be
prescribed.

5. Rent to be as agreed. - (1) The rent payable for any accommodation shall, subject to
other provisions of this Act, be such as may be agreed upon between the landlord and
the tenant and it shall not include the charges payable for amenities which may be
agreed upon separately; and shall be payable accordingly.
(2) Unless agreed otherwise every tenant shall pay the rent by the fifteenth day of the
month next following the month for which the rent is payable.

6. Constitution of the Rent Control Tribunal. - (1) The State Government shall by
notification constitute, within thirty days of this Act, a Tribunal in terms of Article 323-B of
the Constitution, to be called as Chhattisgarh Rent Control Tribunal, to give effect to the
provisions of this Act, and for the adjudication or trial of any disputes, complaints, or
offences with respect to rent, its regulation and control and tenancy issues including the
rights, title and obligations of landlords and tenants.
Explanation. - Matters relating to transfer of property and/or disputes regarding title over
any property shall continue to be considered under relevant laws by the courts of law.
[(2) The State Government shall appoint the Chairman of the Rent Control Tribunal, a
retired Judge of the High Court or serving or retired District Judge not below the rank of
Super Time Scale.
(3) The Tribunal shall have such members with such qualification, as the State
Government may prescribe.
(4) The State Government shall appoint an officer as the Registrar of the Tribunal, who
shall not be below the cadre of Civil Judge Class-l or the rank of Deputy Secretary to the
State Government.]
(5) From the date, the Tribunal becomes functional, which date shall be published in the
State Gazette, the jurisdiction of allcourts, except the jurisdiction of the Supreme Court
under Article 136 [and High Courts under Articles 226 and 227] of the Constitution, shall
stand excluded in respect of all matters falling within the jurisdiction of the Tribunal
Provided, however, that all cases pending before any court or authority immediately
before the establishment of the Tribunal, shall continue to be processed under the old
Act, as amended from time to time.

[(6) The Tribunal shall have its headquarters at Raipur and the State Government may,
by notification, fix such other places for hearing of matters by the Tribunal, as it deems
fit.

(7) The terms and conditions of the service of the Chairman and members of the
Tribunal shall be such as may be prescribed by the State Government.]
7. Establishment of Rent Controller. -(1) For every district, the State Government
shall appoint one or more officers not below the rank of a Deputy Collector, as Rent
Controller with territorial jurisdiction as to be specified by the District Collector.
(2) Rent Controller shall be subordinate to the Rent Control Tribunal.
8. Powers and functions of Rent Control Tribunal. - (1) The Rent Control Tribunal,
shall have such powers as the Government may by notification vest in it, which shall
include the following :
(a) Enabling and ensuring the active existence of Rent Controller(s) at all times for due
fulfillment of the purposes of this Act.
(b) Functioning as Appellate Authority, to consider applications of all person(s)
aggrieved by any order of the Rent Controller.
Explanation. - The Rent Control Tribunal shall exercise such powers as was exercised
by the High Court in adjudicating matters under the repealed Act.
(2) The Rent Control Tribunal shall have powers to punish for contempt of its authority,
as if it were a High Court.

9. Powers and functions of Rent Controller. - (1)The Rent Controller shall exercise
such powers, perform such functions and discharge such responsibilities within its
territorial jurisdiction, as the Government may by notification vest in him, which shall
include the following :
(a) Reconciling dispute(s) between landlord and tenant.
(b)Securing the rights of landlords and tenants as available to them under this Ac.
(c) Enforcing the obligations enjoyed upon landlords and tenants under this Act.
(2) Allproceedings before the Rent 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.
10. Procedure to be followed by Rent Controller(s) and Rent Control Tribunal. - (1)
The Rent Controller and the Rent Control Tribunal shall not be bound by the procedure
laid down by the Code of Civil Procedure, 1908 (Central Act 5 of 1908), but shall be
guided by the principle of natural justice and subject to other provisions of this Act or the
Rules made thereunder and shall have powers to regulate their own procedure, and for
the purpose of discharging their functions under this Act they shall have the same
powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central
Act 5 of 1908) while trying a suit or an appeal in respect of following matters, namely :
(a) summoning and enforcing the attendance of any person and examining him on
oath;
(b) requiring the discovery and production of documents;
(c) reviewing its decision;
(d) issuing commissions for the examination of witnesses or documents;
(e) dismissing petition for default or deciding it ex-partel
 (f) settingaside any order of dismissal of any petition for default or any order passed
by it ex-parte;
(g) bringing legal representatives on record; and
(h) any other matter as may be prescribed.
(2) Rent Control Tribunal shall not grant any adjournment without written application and
recording the reasons therefor in writing.

(3) Any proceeding before the Rent Control Tribunal or Rent Controller shallbe deemed
to be a judicial proceeding within the meaning of Sections 193 and 228 and for the
purpose of Section 196 of the Indian Penal Code, 1860 (Central Act 45 of 1860) and the
Rent Controller shall be deemed to be a Civil Court for the purposes of Section 195 and
Chapter XXVIof the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
11. Execution of the Order. - (1) The Rent Controller shall, on application of any party,
execute, in the manner prescribed, a final order or any other order passed under this Act
by adopting any one or more of the following modes, namely ;
(a) attachment and sale of the movable or immovable property of the opposite party;
(b) arrest and detention of the opposite party;
(c) attachment of any one or more bank accounts of the opposite party and satisfaction
of the amount of order to be paid from such account;
(d) attachment of salary and allowance of a Government Servant or employee of any
Nationalized Bank, Local Authority, Corporation, Government Company;
(e)appointing any advocate as Commissioner on such remuneration as may be fixed
or deputing any officer of the Tribunal or local administration or local body for
execution of the order:
() delivery of possession of the premises to the applicant.

(2) The Controller may, in order to execute the final order or any other order passed
under this Act require the help from the local administration or local body or the police.
(3) If the tenant does not vacate the premises within three months of the date of issue of
certificate for recOvery of the possession, he shall be liable, from the date of issue of
certificate for recovery of possession to pay mesne profits at the rate of 2 times the rent
in case of accommodations let out for residential purposes, at the rate of 3 times the rent
in case of accommodations let out for commercial purposes and at the rate of 3 times
the rent in case certificate for recCovery of immediate possession has been issued.

(4) The Rent Controller shall conduct the execution proceedings in relation to a final
order or any other order passed under this Act in summary manner and dispose of the
application for execution made under this section within forty five days from the date of
service of notice on opposite party.
Explanation. - Filing of an appeal or other proceeding against the order of issue of
certificate for recovery of possession or immediate possession will not save the tenant
from his liability to pay mesne-profits, at the rates specified under sub-section (3), unless
specifically ordered otherwise by the Appellate Rent Controller or the Court before which
such an order is under challenge and if the order of issue of recovery certificate is finally
maintained, the tenant shall be liable to pay mesne-profits at the rates specified under
sub-section (3) from the date on which the recovery certificate was initially issued.

12. Rights and Obligations of Landlords and Tenants, - (1) Every tenant shall have
rights according to Schedule 1. The Tribunal and Rent Controller(s) shall act at all times
to secure to the tenant these rights.

(2) Every landlord shall have rights according to Schedule 2. The Tribunal and Rent
Controller shall act at all times to secure to the landlord these rights :
Provided that
(a) In case of any clash of interests of the landlord and the tenant, and/or any point of
doubt in respect of matters relating to rent, the benefit thereof shall be granted to
the tenant.
(b) In case of any clash of interests of the landlord and the tenant, and/or any point of
doubt in respect of matters relating to returning possession of the accommodation
to the tenant, benefit thereof shall be granted to the landlord.

(3) Every landlord shall have obligations according to Schedule 3. The Tribunal and
Rent Controller(s) shall act at all times to enforce upon the landlord these obligations.

(4)Every tenant shall have obligations according to Schedule 4. The Tribunal and Rent
Controller(s) shall act at all times to enforce upon the tenant these obligations.

(5) Any willful attempt or act by the landlord to undermine or deny to the tenant the rights
available to him in terms of Schedule 1 shall constitute an offence under this Act,
punishable with fine not exceeding Rs. 5,000 or simple imprisonment for a period not
exceeding three months or both.
(6) Any willful attempt or act by the tenant to undermine or deny to the landlord the rights
available to him in terms of Schedule 2 shallconstitute an offence under this Act,
punishable with fine not exceeding Rs. 5,000 or simple imprisonment for a period not
exceeding three months or both.

(7) Any attempt by the landlord to neglect for unsubstantial and/or insufficient reasons
the obligations enjoined upon him in terms of Schedule 3 shall constitute an offence
under this Act, punishable with fine not exceeding Rs. 5,000 or simple imprisonment for
a period not exceeding three months or both.
(8) Any attempt by the tenant to neglect for unsubstantial and/or insufficient reasons the
obligations enjoined upon him in terms of Schedule 4 shall constitued an offence under
this Act, punishable with fine not exceeding Rs. 5,000 or simple imprisonment for a
period not exceeding three months or both.
13. Appeal. - (1) Notwithstanding anything to the contrary contained in this Act, a
landlord and/or tenant aggrieved by any order of the Rent Controller shal have the right
to appeal in the prescribed manner within the prescribed time to the Rent Control
Tribunal.
(2) Appeal against an order of the Rernt Control Tribunal shall lie with the Supreme
Court.
[13A. Power to make rules.-(1) The State Government may, by notification in the Official
Gazette, make Rules to carry out all or any of the purposes of this Act.
(2) Every Rule made under this Act shall be laid as soon as may be after it is made before the
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 two or more successive sessions and if, before the expiry
of the session in which it is so laid or the session immcdiately following, the House agrees in
making any modification to thc Rule or the House agrecs that the Rule should not be made, as
the case may be, and notifies such decision in the Official Gazette,the Rule shall from the
date of publication of such notification have effect only in such modified form or be of no
effect, as the case may be, however any such modification or annulment shall be without
prejudice to the validity of anything previously done or omitted to be done under that Rule.]
14. Repeal and Savings. - (1) On this Act, becoming law, through notification in the
Official Gazette, the Chhattisgarh Accommodation Control Act, 1961 (No. XLI of 1961) in
its application to the State of Chhattisgarh is hereby repealed.

(2) The repeal under sub-section (1)shall not affect the previous operation of this
enactment so repealed and anything done or action taken or deemed to have been done
or taken (including any appointment or delegation made, notification, order, direction or
notice issued, or rules made), by or under the provisions of the repealed enactment
shall. so far as it is not inconsistent with provisions of this Act, be deemed to have been
done or taken under the provisions of this Act and shall continue in force unless and until
suspended by anything done or any action taken under this Act.