Odisha · Act 4 of 1968

The Odisha House Rent Control Act, 1967

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Odisha
Enactment date
1968-02-17
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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
                                                         di

              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
                                                             aC
                 or on behalf of himseif~andothers;
                       (5) C L tenant " meam any ,person by whom. sr !on
                                                        di

                 whose behalf rent .i's .payable for , m y . house
                                                              -       and
                                                   In


                 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




                                                      e
5 reasonable opport~mity of showing cause against




                                                 od
the application, is satisfied-
           (i) t.hat the tenant has not paid or tendered
                                            aC
                the rent d u e from him in respect of the
                house within thirty days after the expiry
                                        di

                of the time fixed ir, the agreement
                                    In


                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
         - '
                   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




                                                                      e
                   proceedings.


                                                             od
                        (4) The landlord may, subject to the provisions
                                                       aC
                   of this Act, apply to the Controller for- an order
                   directing the tenant to put him in possession of the
                                                   di

                   house, if be requires the house in good -fddiihfor the
                   occupation or use of himselfi any niember of his
                                               In


                   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
                                        aC
house shall not exceed sevcn and a haelfper cent per
 annum on the cost of such addition, improvement
                                    di

 o r alteration and dhall be cl~argeablefrom the daZe of
                                In


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
                                               aC
           deposit or payment being made the ter~ancyshall,
           save as hereinalter provided, be deemed to haye been
                                           di

           extended for the period specified in the notice.
                                        In


                    (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.




                                                                      e
                    (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
                                                          aC
             and applications under this Act.
                                                     di

                  13. (1) Any person aggrieved by an order o f ~ p ~ t a l
             the Controller may within thirty days from the date
                                                 In


             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.                     - .
                                                                                             -
                 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
                                               aC
                  of the manner of possession ,thereof as the Court
                  may deem fit; and on breach of any such terms
                                           di

                  and condit,ions by the person aforesaid, lthc Court
                 -may, after giving such person .a reasonable oppor-
                                        In


                 :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.




                                                                                  e
                   (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.
                                                                    aC
                    21. (1)The State Governnlent may make rules* Power to
               to carry out the purposes of rhis Act.
                                                               di

                                                                 make rules.

                                                          ity of the
                    ( 2 ) Without prejudice to the ge~?eral
                                                          In


               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].
                                                     -- ---.-




                                                     e
     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



                                               od
Additional District Magistrate (Judicial)" w. c. f. 1st April, 1974.
                                         aC
                                    di
                                In

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