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- Jurisdiction
- Odisha
- Enactment date
- 1968-02-17
- Sections available
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'[THE ORISSA HOUSE RENT CONTROL
ACT, 1967 ]
Received rhe nssent of the President on the 17th
February 1968,first 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
B o f Orissa is theEighteenth Year of the Re-
public of India, as follows:-
I. ( I ) This Act may be called t h o Orissa exknt,
short t i t l s
e
cam
House-Kent Control Act, 1967. mcoccmut
'
I
od
and durarion. i!
(2) It extends to the whole of the State of Orissa.
aC
(3) Kt sbaIl bc deemed to have come into force on
the 4th day of May, 1967 in those local areas of the
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State in which the Orissa ETouseRent Control A?t,
In
Orissa Act 32
,r 1958was in force inimediately prior to its explry
1958 and it shall w m e i ~ t o f o r c e i n s u c h ~ t h e r l o c a l a r e a
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 t h i 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 ~ 2General i ~ CIaus~sAct, 1937 shall a ply upon the
1
expiry of this Act as if it had then een repealed by
an Orissa Act.
-
1. Por Statement'of Objccts and Reasons, see O r h a Gazeife.Hxrra-
ardinary ( No. 979). datcd he 1st Augmt 1967 and for Rcport 01the
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 ." O d 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 I[ Subdivisiondl Judicial Magistrate]
may transfer any applicatiim '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;
e
(4) " landlord" includes an person who is
g
od
receik.ing or,is .entitled-tw receivect elieht .of a house
whether on his own account or on behalf of another
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or on behalf of himseif~andothers;
(5) C L tenant " meam any ,person by whom. sr !on
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whose behalf rent .i's .payable for , m y . house
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i,ncludes- every ,person <whd.60-m9ime to:t h e ,derilves
.title under,=,tenant-#or:a persomcontinni mg ,in posses-
sion after the :'termination $of.his lte~lancy.4iitherwise
than under . the proxisipns of this Act ..and shall
:;ilj$lude-anypersan+gainst,wbnm:a 'suit for, kjrctment
,is,penaiqg in a Courtof c~mp~te~t.j~fis~ic'tidn but
not a,peflon 9g;iinst whom a. decree 01:.order 'for
eviction has been made by such a-Coiirt.
, .
salami m .3; After t h e , (dde of cornrrlencemedt~6f~thisSSAct
Pr;:bmb:0t a:landlord shallnotrjb-eotitled .to charge :salami tor
chargd. p r e m i u m i f o r : ~ e t . t i n ~ i q h ~ox
s e f~~:reneajtrg:the
I'm%:of any h ~ U s e ~ I , . .
Landlord 4. 'Subject 'to the provisions of .this ~ c t ' and !'
enlitled
fair-rent.to notwithstanding any contract to the contrarj, no
landlord shall be entitled to charge rcnt f o .any ~ rhouse
#:ata-sumhigher :thanthe.:fair-~ent.
Dctsrmina-
lion of fair- 5; (1) Any landlord -or ,any Itenant may make
rent. an applicatiotritotheEmtroIIet..to @:a fdirqent..
1. ~ubstituredby the Orissa,Hou~rentConL~l(Amendment) Act, 1974
(Or. Act 10 of 1974 ), s. 3. w.eldSt April, 1974.
(2) Pending final decision o n 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 t o p a y the provisional rent
regularly.
6. Notwithstanding anything to the contrar c,,,i,uancs
r
contained in my agreement or law n o tenant sha Iof t t n a n ~ ~ .
be liable to be ejected except as provided in section 7.
7.(1) A landlord who seeks t o evict his tenant Gndi.nl
shall apply t o the Controller for a direction in that ,v~cb
behalf. a tenant a n
be ejacted.
(2) If the Controller, after giving the tenant
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5 reasonable opport~mity of showing cause against
od
the application, is satisfied-
(i) t.hat the tenant has not paid or tendered
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the rent d u e from him in respect of the
house within thirty days after the expiry
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of the time fixed ir, the agreement
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of the tenancy with the landlord for
payment of rent or i n 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 ( i f the Iease, does not confer on
,him any right to d o 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 a s are likely t o impair
materially t h e 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 t o 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~gunder dau4se.(i).
if the controller is satisfied that the tenant's default
t o pay or tender rent was not wilful, he may give the
tenant a reasonable time not exceeding fifteen dkyshto
p a y or tender the rent due from him to the land-lord
up to the date ~f such payment or tender and on such
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payment or tender the application shall be rejected.
(3) When an application is made for the eviction
+ of any tenant on the grounds specified in clause (i> of
-..
sub-section ( 2 ) the tenant shall r m i t the arrear pent as,
admitted by him up to the date of such remittanceto
the landlo~d.or deposit the same with Cantroller
failing which he shall not be entitled to contest the
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proceedings.
od
(4) The landlord may, subject to the provisions
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of this Act, apply to the Controller for- an order
directing the tenant to put him in possession of the
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house, if be requires the house in good -fddiihfor the
occupation or use of himselfi any niember of his
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family-orof 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 1882
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,section.
@)'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-shall .be challenged merely. on t h e ground that
no such notice' as aforesaid had been served on the
tenamt:befor;einstitution of such proceedings;
Bar of claim
in cxccss of
8. When the ControIIel: has d :- terruined. the fair-
. .
[hc deter- rent of a house-
miacd rcnt
aad rcfund
of excess
paymcn~. , and. shd1 not
(a).the ldndlord.shall-t~ot.claim-:
': 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,.,shallbe
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 i n ~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 ~subsequcntto such deterrninat.ion,in certain
some
.* ,addition, improver~ientor ,alterafion, not beim,g cases.
~ ~ n ! t hnature
e of necessary repairs or ,repairs lusuadly .,:
,.
made to houses in that locality, has been 'made 40 ~t-he
,housemat tha landlord's expense,lhe may, -after mak-
e
,ingsuch enquiries as he thinks fit, redetermine %he
od
fair-rent of the house:
Provided that the excess rent payawle for the
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house shall not exceed sevcn and a haelfper cent per
annum on the cost of such addition, improvement
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o r alteration and dhall be cl~argeablefrom the daZe of
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completion of such addition, improvement or altera-
tion.
(2) Notwi thst~ndingthe dete.l.mination or r e d e t ~ r -
mination of the fair-rent as aforesaid if t h e Contruller
is satisfird ,lhat 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
~auBorityha s imposed a higher rate .of holding-!ax
.on.the annual value of the holding in the local~ty,
,hemay 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 r d ~ ~ i l s -
unirfhabitable, the tenant may make an application
to the controller, who may, after making such enquiry
as he deems fit, direct ?he landlord t o eft'eci s-&:ch
repairs as may be necessary in the opinion of the
Controller within a ,reasorlabl 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 t o adjust the amount so spent against
the rent payable to the Iandlord in such number of
instalments as may be k e d 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
other held on a tenancy other tban a tenancy from month
tewd to month wished t o extend the period of tenancy by
, mwth. not less than six and not more than twelve months,
from mouth
he may give the landlord, not less than one month
before the expiry of the tenancy, a written notice of
e
his intention after depositing with the Controller or
od
paying t o the landlord the arrears of rent, if any,
and upon the delivery of such notice and upon such
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deposit or payment being made the ter~ancyshall,
save as hereinalter provided, be deemed to haye been
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extended for the period specified in the notice.
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(2) Wherethe landlord t o 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
summary nature and shall, so far as practicable, be pr&niwr
held in accordance ivith the provisions contained in
of1908 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.
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(4) Subject to the provisions of this Act, the
od
36 of 1963
provisions of the Limitation Act, 1963 except
sctions 6, 7, 8, 9, 18 and 19 shall apply to all appeals
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and applications under this Act.
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13. (1) Any person aggrieved by an order o f ~ p ~ t a l
the Controller may within thirty days from the date
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on which the order is communicated to him, present
an appeal in writing to I** '[the Chief Judicial Magis-
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 i n dWsession.
eliver
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. - .
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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)"5v.e.C. 1st April 1974.
sm .OF 16. (1) ~otwithstanding anything in any law
decree or
exeartionof
o r in any of the other provision of this Act, wheie
order fqr a person who continueq in possession of a hou;e
eviction in
certain cases in spite of a decree o r 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 11t jurisdiction, such Court rnay for sufficient
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 r e v i e ~or revision.
( 2 ) The Court may, while ordering stay of
e
;exemtion uo der su b-section ( I ) , impose such terms
od
.and conditions .in respect of the quantum and
manner of ,payment o t' rent of the house or i11 respect
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of the manner of possession ,thereof as the Court
may deem fit; and on breach of any such terms
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and condit,ions by the person aforesaid, lthc Court
-may, after giving such person .a reasonable oppor-
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:tntiity of being heard, vacate the ;order of 'stay of
,execution,of,the decree .or order.
Pearltv 17. If any person contravenes any provision of
t)his ,Act ox of.any rules .or .o.rder~
.made 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.
~ a l s tamti- !P8.'Tf any ,person, when ,required by or ,under
ments. *his-Act$0 -make m y statement or to furnish - m y
information, makes any statement of furnishes m y
. , , jaforxpation -which is false in .material .particulars
:. &d,wf~ichihe knows or has reasonable ,cause to
. he$evq t o ,be false or .does not beJiexe .to be true,
,
,,heshallbe punishable with fine not:exceed,iqgtwo
b n d r e d cup,ees.
Protterion 19. (1) No suit, prosecution or ather legaI
or action proceeding shall lie against .any person .for anything
takenu"dcr
tht A C ~ .
which is in good faith done or intended to be done
.inpursuance of this Act -,or ,of the rules or aoxders
made thereunder.
(2) No sxit or other Iegal proceeding shall
lie against the Govetnlnent for a n y damage caused
or likely t o 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 ) None of 1he provisions of tfiis Act shalI Exemptions
2 ppJy to the-
(a) bLousesowned 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 a' period of five years from
the date of their completion.
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(2) The Stare Government ma), by notificktion,
od
exempt any other house c r class of. houses fiorn all,
or any of the provisions of this Act.
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21. (1)The State Governnlent may make rules* Power to
to carry out the purposes of rhis Act.
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make rules.
ity of the
( 2 ) Without prejudice to the ge~?eral
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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
3 1 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~lcsrrndcr 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].
-- ---.-
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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
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Additional District Magistrate (Judicial)" w. c. f. 1st April, 1974.
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India Code, Government of India. Text fetched 10 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.