The ARUNACHAL PRADESH BUILDING (LEASE, RENT AND EVICTION) CONTROL ACT 2014

THE ARUNACHAL PRADESH BUILDING (LEASE, RENT AND
EV|CTION) CONTBOL ACt 2014
(ACT NO. 8 OF 2014)
(Received the assent o, the Governor on 23rd i|ay, 2014 and
published in the Arunacal Pradesh E.O. Gazette No 99, vol. XXI
dated 4th June, 2014
An
Act
to provide for the regulation ol letting ol the buildings and the rent of
such buildings, and to establish better balance between the interests of
landlord and tenant, and to lessen the hardships in the litigations and for
matters ancillary thereto.
BE, it enacted by the Legislature of the State of Arunachal Pradesh
in the Sixty-fifth Year of the Republic of lndia as follows :-
CHAPTER - I
PRELIIVINARY
Short title,
Extent and
commence-
ment.
1. (1) This Act may be called the Arunachal Pradesh
Building (Lease, Rent and Eviction) Control Bill,
2014.
(2) This Act shall apply to the whole of the State of
Arunachal Pradesh.
(3) lt shall come into force on such date as the
Government of Arunachal Pradesh may, by
notification in the Official Gazette, appoint.
(g) the manner oftransmitting the letter of request under sub-section
(2) of section 35;
{h) theform and the time for preparing in each financial year the
budgetforthe nextlinancialyear,showingtheestimated receipts
and expenditure of the Lokayukta under section 39;
(i) the form for maintaining the accounts and other relevant
records and the form ol annual statement of accounts under
sub-section (1) of section 41 ;
(j) the form and manner and the time for preparing the returns
and statements along with particulars under section 42i
(k) the form and the time for preparing an annual return giving a
summary of its activities during the previous year under sub-
section (5) of section 43:
(l) the form of annual return to be Iiled by a public servant under
sub-section (5) of section 43;
(m) the minimum value for which the competent authority may
condone or exempt a public servant from furnishing
information in respect of assets under the proviso to section
44i and
(n) any other matter which is to be or may be prescribed.
58. (1) Subjecttothe provisions olthisAct andthe rules madethereunder,
the Lokayukta may, by notification, make regulalions to carry out
the provlslons of this Act.
(4 ln particular, and without prejudice to the generality of the foregoing
power, such regulations may provide for all or any ol the following
matters, namely:-
(a) the conditions of service of the secretary and other officers
and staff of the Lokayukta and the matters which in so far as
they relate to salaries, allowances, leave or pensions, require
the approval of the President under sub-section (4) of section
10;
(b) fiE dace ofsitjngs ofberdes ofhe Lokayukh urdersubdause (0 of
sLbseclbn(l) of secton 1 7;
(c) the manner for displaying on the website ol the Lokayukta,
the status of all complaints pending or disposed of along with
records and evidence with relerence thereto under sub-section
(10) of section 2'1 ;
(d) the manner and procedure of conducting an preliminary inquiry
or investigation under sub-section (77) of section 20;
(e) any other matter which is required to be, or may be, specified
under this Act.
2. ln this Act, unless the context otherwise requires. Definition
(a) "Appellate Authority" means the Additional
Deputy Commissioner of the District in which
the building is situated or any olher otlicer
specially empowered by the Government to
perform the lunctions of an Appellate Authority.
(b) "Building" means any building or hut or a part of
the building or hut, let or to be let, separately
for residential or non-residential purposes and
includes -
(i) the garden, grounds/open spaces and
outhouses il any, appurtenant to such building
or hul or part of such building or hut, and
(ii) any lurniture supplied by the landlord for use in
such building or hut or part of such building or
hut.
(c) 'Commissioner" means Commissioner ol the
Division in which the building is situated.
(d) "Controller" means the person appointed by the
State Government under seclion 31 of the Act.
(e)"Deputy Commissioner" means and the Deputy
Commissioner of the District in which the building
is situated.
(f) "Government" means the Government ol
Arunachal Pradesh.
(g) 'Landlord" means the owner of the building
and includes a person who for thetime being is
receiving or is entitled to receive the rent of the
building, whether on his own account or on behalf
of another, or as an agent, trustee, executor,
administrator, receiver, guardian or whoever so
receives the rent, or entitled to receive the rent, if
the building were let to a tenant.
(h) "Premium " means the mutually agreed amount
paid by a tenant to the landlord at the time of
Act not to
apply to
certain
buildings.
TenancyAgree- 4. (j )
ment to be in
writing.
36
agreement which does not exceed 2 month rent in
the case of residential building and 12 month rent
in the case of non-residential building;which should
be refunded without interest while vacating the
building.
(i) "Prescribed" means prescribed by rules made
under this Act ;
0) "Standard Rent" in relation to the building means the
rent calculated under section 9.
(k) "State Government" means the Government of
Arunachal Pradesh.
(l) "Tenant" means any person by whom or on whose
account rent is payable for a building and includes.
(i) a person who occupies a building, as an
employee of the landlord of such building either
on payment ol rent or otherwise.
(ii) the surviving spouse, or any son or unmarried
daughter, or parent, or daughter-inlaw, being
the widow of predeceased son ol a deceased
tenant who had been living with the tenant in
the building as a member of the family upto
her/his death.
3. The provisions of this Act shall not apply :- (a) to any
building belonging to the State Government or the
Central Government, or Cantonmenl Board or any
local authority; and
(b) to any building belonging to Wakf Board or Hindu
Dharmik Nayas Board or any other Religlous and
Charitable Trusts or institution run by the Central
or State Government.
Notwithstanding anything contained in section
107 of the Transfer of Property Act, 1882
(Central Act 4 of 1882), no person shall, alter
the commencement of this Act let or take on rent
any building except by an agreement in writing.
(2) Where in relation to a tenancy created before the
commencement of this Act, and where no
agreement in writing was entered into, the
landlord and the tenant shall enter into an
agreement in writing with regard to the tenancy
including the amount of rent and the period of
tenancy; and deposit a copy thereof before the
Controller concerned as described in section 13(c)
of this Act.
Provided that where the landlord and the
tenant fails to presentjointly a copy ofthe tenancy
agreement under this sub-section, such landlord
and tenant shall separately file the particulars
about such tenancy with the Controller concemed
in such form and in such manner as may be
prescribed.
5. (1) In the event of death of atenant, the right oftenancy
shall devolve to his successor in the following
order, namely :-
(a) spouse,
(b) son or unmarried daughter or where there
are both son and unmarried daughter, both
of them,
(c) parents,
(d) daughter-in-law, being the widow of his pre-
deceased son.
Provided that the successor has ordinarily
been living orcarrying on business in the premises
with the deceased tenanl as a member of his
family upto the date of her/his death and was
dependent on the deceased tenant :
Provided further that the period ol
devolution is limited to the unexpired portion of
the tenancy and it is open to the landlord and the
successor tenant to enter into fresh agreement.
Provided also that a right to tenancy shall
not devolve upon a successor in case such
successor or his spouse or any of his dependent
son ordaughter is owning or occupying a building.
However, he shall acquire a right to continue in
possession as a tenant for unexpired period of
tenancy, or a period ol one year from the date of
death of the tenant, or on his death, whichever is
eadier
lnheritance to
tenancy.
Salami, line
or advance of
more than
one month's
rent not to be
claimed or
received.
Bent
Payable
(2) The right of every successor, referred to in sub
section (1)to continue in possession ofthe building
shall be personalto him and shall not, on the death
of such successo( devolve on any of his heirs.
(3) Nothing in sub section (1)or sub section (2) shall
apply to a non residential building and the vacant
possession of such building shall be delivered to
the landlord within one year or unexpired portion
of tenancy, whichever is earher:-
(i) of the death ol tenant, in case the tenant is an
individual:
(ii) of the dissolution of the firm, in case the tenant
is a firm;
(iii) of the winding up of the company, in case the
tenant is a company;
(iv) of the dissolution of the corporate body other
than a company, in case the tenant is such a
corporate body.
Provided that it is open to the landlord and
lhe successor tenant to enter into a fresh
agreement.
CHAPTER -II
REGULATION OF RENT
6. lt shall not be lawful for any person to claim or receive,
in consideration of grant, renewal or continuation of a
tenancy of any building, the payment of any salami,
fine or any like sum in addition to the rent or payment
of any sum exceeding one month's rent oi such
building as rent in advance.
Provided that the payment of premium
during tenancy of a building is permissible.
7 (1) The rent payable in relation to a building shall be:
(a) the rent agreed to between the landlord and
the tenant in writing, or
(b) the Sandard Rent as specified under seclion 9.
39
(2j ln the case of a tenancy entered into before the
commencement of this Act, the landlord may,
make an application to the Controller within six
months from the date of such commencement to
fix the slandard rent under sub-section (1) of
section 12 and the rent so fixed shall be payable
from the date ol such commencement.
8. Notwithstanding anything contained in any agreement
or law to the contrary, it shall not be lawful for any
landlord to increase or claim any increase in the rent
which is payable for the time being, in respect of any
building except in accordance with the provisions of
this Act.
9. (1) Standard Rent, in relation to any building, means
the rent calculated on the basis of live per cent
per annum of the aggregate amount of the cost
of construction and the market price ol the land
comprised in the building in the year of
construction.
Provided that due allowance shall be made on
the cost of construction and price ol land based on the
cost index as per provisions of Section 45 of lncome Tax
Act, 1961 (43 of 1961).
Provide however, that the rent shall always be fixed on
monthly basis.
(2) For the purpose of this section -
(a) the cost of construction shall be the actual
amount spent on construction, and in case
such amount cannot be ascertained, such
cost shall be determined as per the standard
scheduled rates of the Road Construction
Department and Buildings Co nstructio n
Department ol the State Government with
reference to cost of similar construction for the
year in which the building was constructed.
(b) The market price of the land shall be the price
for which the land was bought as gathered from
the registered sale deed or the market value of
the land notified by the Registration Departmenu
Deputy Commissioner/ Land i/anagement
Department ol the Government lor the year in
which construction was made, whichever is high.
Enhancement
ol rent of
building.
Standard
Rent.
Other charges 10
payable.
Enhancement 11
of standard
rent.
Controller to
fix standard
rent.
40
(c) The land shall be the total land comprising the
building and such of the vacant land up to lifty
per cent of the plinth area as is appurtenant
thereto.
(d) Notwithstanding anything contained in clause
(a), (b) and (c) the cost of construction and
the market price of the land comprised in the
building purchased from or allotted by the
Government ot Arunachal Pradesh or a Nagar
Panchayat, l\,4 u n icipality or lvlunicipal
corporation shall be the aggregate amount paid
or payable to the Government of Arunachal
Pradesh or a Nagar Panchayat, a Municipality
or [4unicipal corporation, as the case may be :
('1) A tenant shall be liable to pay to the landlord,
besides the rent. the following charges, namely:-
(a) charges, not exceeding fifteen per cent of
the rent for the amenities; or as agreed to
by the landlord and the tenant;
(b) maintenance charges not exceeding ten per
cent ol the rent, or as agreed to by the
landlord and the tenant; and
(c) without prejudice to the liability of landlord,
one-twelfth of yearly property tax in relation
to the building payable to the Municipality
or the municipal corporation or as the case
may be.
(2) The tenant is responsible lor payment of
electricity and water charges payable for the
building.
The Standard Rent fixed tor any building shall be
enhanced every year at seventyjive per cent of annual
inflation rate based on wholesale price index in the
case of residential buildings and one hundred percent
ol such rate ln the case of non+esidential buildings.
(1) The Controller shall, on an application made to
him in this behalf, in the prescribed manner, fix
in respect of any building-
(i) the standard rent as per the provisions of
section I
12
41
(ii) the other charges payable as per the
provisions of sectron 10, and
(iii) the enhancement in rent as per provisions ol
section 1'1 .
(2) ln fixing the standard rent of any building or
determining the other charges payable or
enhancement ol the rent, the Controller shall fix
or determine or enhance the amount which
appears to him to be reasonable having regard to
the provisions of section 9 or section 10 or section
11, as the case may be, and the other
circumstances of the case.
(3) Where for any reason il it is not possible to fix the
standard renl of any building on the principles set
forth in section 9, the Controller may fix such rent
as would be reasonable having regard to the
location and condition ol the building and the
amenities provided therein, and where there are
similar or nearly similar buildings in the locality,
having regard also to the rent payable in respect
of such buildings. The controller would obtain
consenl of both the parties before linal lixation of
the standard rent and the date of its applicability.
(4) The standard rent shall in all cases be fixed for a
tenancy of twelve months. Atter every twelve
months, it shall be fixed again on the principles
set lorth in sectionl'1.
(5) ln fixing the standard rent ot any building under
this section, the Controller shall fix the standard
rentthereof in an unfurnished state ofthe building
and may also delermine any additional charge to
be payable on account ot any littings or furniture
supplied by the landlord and it shall be lawful for
the landlord to recover such additional charge
from the tenant.
(6) ln fixing the standard rent or determining the other
charges payable or enhancing rent in respect of
any building under this section, lhe Controller shall
specify the date from which the amounl, so fixed
or determined or enhanced shallbe deemed to have
effect.
Limitation for 13
application
for lixation of
standard rent,
etc.
42
Provided that, in no case the date so
specified shall be earlier than the date of filing
of the application for the enhancement of the
standard rent :
Provided further that il the increase is
because of improvement, addition or structural
alteration, it shall come into effect from the date
of completion of such improvement, addition or
alteration.
(7) The Controller may, while fixing standard rent or
determining other charges payable or enhancing
the rent, order tor payment of the arrears of
amount due by the tenant to the landlord in such
number of instalments as he deems proper.
Any landlord or tenant may file an application to the
Controller for tixing the standard rent and determining
other charges or enhancing such rent and other
charges:-
(a) in the case of any building which was let or in
which the cause of action for Lawful
enhancement ol rent and other charges arose,
before the commencement ol this Act, within
two years from such commencement ;
(b) in the case of any building in which the cause of
action for la,,vful enhancement of rent and other
charges arises after the commencement ol this
Act, within two years from the date on which the
cause of action arises:
(c) in the case of any building constructed on or
afterlhe commencement of thisAct and forwhich
the provisions ol this Act are applicable within
hvo years from the date of such application by
the landlord or the tenant.
Provided that the Controller may entertain
the application after the expiry ol the said period
of two years, by recording the reasons in writing
if he is satisfied that the applicant was prevented
by sutficient cause from filing the application in
time.
14. Where any sum or other consideration has been paid,
whether belore or after the commencement of this Act,
by or on behalf of a tenant to a landlord, in
contravention of any of the provisions of this Act, the
Controller may, on an application made to him within
a period of one year from lhe date of such payment,
order the landlord to refund such sum or the value of
such consideralion to the tenant or order adjustment
of such sum orthe value of such consideralion against
the rent payable by the tenanl.
15. (1) Every tenant who makes payment on account of
rent to his landlord shall be entitled to obtain
forthwith from the landlord a receipt in the
prescribed form for the amount of rent paid by
him duly signed by the landlord or his appointed
agent.
(2)
CHAPTER III
LANDLORD AND TENANT
Refund of rent,
premium, elc.
Tenant making
payment of
rent entitled to
receipt.
Landlord's
responslbility
lf a landlord, without reasonable cause fails to
deliver the tenant a receipt as required by sub-
seclion (1). such landlord shall be liable to fine
not exceedino double the amount of rent so oaid
to be impos5d after summary enquiry by'the
Controller upon a complaint ol the party aggrieved
wrthin three months trom the date of such failure.
16. (1)
(2)
Every landlord shall carry out the repairs which
he is bound, under any law, contract or custom.
to make to a building in possession ol a tenant,
Explanation: ln this sub-seclion. 'repairs" include
annual white'washing, re-colouring and periodical
reparrs.
lf the landlord fails to carry out white-washing
0nce in every year, re-colounng once rn tnree years
and periodical repairs. which he is bound to make.
the tenant may by notice, require him to carry out
the same wilhin one month from that dale of service
of the notice, and, on the landlord's failure to do so
within the said period. lhe tenant may himself carry
out the same at a cosl not exceedinq one month's
rent for the building and deduct such cost from the
rent.
ll the landlord neglects to carry out repairs, other
than those referred in sub-section (1), which he
(3)
43
Landlord not
to interlee
with ameni'
ties enjoyed
by the tenant.
44
is bound to make, the Controller shall, on an
application by the tenant, which shall specify the
approximate cost of such repairs, cause a notice
to be served on the landlord to appear and show
cause, within such time as may be fixed in the
notice.
(4) lf the landlord does not appear in obedience to the
notice or if he appears but fails to satisfy the
Controller as to why he should not be directed to
carry out the repairs or such ol them as he finds
the landlord is bound to make, the Controller shall
after making such further inquiry as may be
necessary, direct him to carry out the same within
a time to be tixed, and on the landlord's failure to
comply with such direction, the Controller may
permit the tenant to carry out such repairs at a
cost not exceeding such amount as may be
specified in the order and to recover such costlrom
the landlord. lt shall, thereafter, be la,/vful for the
tenant to carry out such repairs and to deduct the
cost thereol from the rent or recover it otherwise
from the landlord as il it were a debt due to him by
the landlord.
Provided that if, the Controller is satislied that the
repairs involved were due to the negligence of the tenant,
he will order the tenant to make such repairs and the cost
of repair shall be borne by the tenant and the same shall
not be recoverable from the landlord by deduction from
the rent.
17. (1) No landlord shall, withoutjust or sufficient cause
cut otf or withhold any of the amenities enjoyed
by the tenant.
(2) A tenant in possession of a building may, if the
landlord has contravened the provisions ol sub-
section (1) make an application to the Controller
complaining of such contravention and may
reslore any of the amenities on his own
responsibility, pending consideration of his
application by the Controller.
(3) lf the Controller on enquiry is satisfied that the
landlord has without just or sufficient cause cut
off or withhold any of the amenities enjoyed by
45
the tenant at the time of the commencement of
the tenancy or at any time thereafler, he shall
(i) in case such amenity has already been restored
by the tenant make an order directing the
landlord to pay to the tenant the cost of such
restoration as determined by him within such
llme as may be specified in the order; and
(ii) in any other case, direct the landlord to restore
such amenity at such cost and within such time
as may be determined by him and also that in
case the landlord fails to do so, the amenity
may be restored by the tenant at his own cost
and such amount as may be specified in the
order may be recovered by the tenant as the
cost ol restoration eitherby adjustment towards
the rent payable by him or as if the amount
were a debt due to him by the landlord.
Explanation :ln this section, "amenities" include
supply ol water, electricity, electricity lights in
passages and on staircases, lifts and conservancy
or sanitary services.
18. ('l) Every tenant shall be bound to keep the building
in good and tenantable repairs in relation to water
taps, water closets, bath tubs, geysers, kitchen
lixtures, minor electric equipment, glass panel
lor doors and windows and other minor
repairable ilems etc.
(2) Where any repairs, in relation to a matter falling
under sub-section (1), without which the building
is not habitable or usable and the tenant neglects
or fails to make them within a period of two
months after notice in writing, the landlord may
apply to the Controller for permission to make
such repairs himself and may submit to the
Conkoller an estimate ol the cost of such
repairs, and, thereupon the Controller may, after
giving the tenant an opportunity ol being heard
and after considering such estimate of the cost
and making such enquiries as he may consider
necessary, by an order in writing, permit the
landlord to make such repairs at such cost as
may be specified in the order, and it shall
Duties of
tenant.
Eviction of
tenant.
46
thereafter be lawful for the landlord to make
such repairs himself and to recover the cost of
such repairs, from the tenant which shall in no
case exceed the amount so specified.
(3) The tenant shall make good all damages caused
to the premises by his negligence within three
months ol being informed in writing to do so by
the landlord failing which the landlord may apply
to the Controller for permission to make good the
said damages and the Controller shall decide the
matter in the manner provided in sub-section (2).
(4) The tenanl shall hand over possession ol the
building on termination ol Tenancy in the
same condition, except lor the normal wear
and tear, as il was when handed over to him at
the beginning o, such tenancy and in a case
lvhere certain damages have been caused; nol
being damages caused by lorce maleure, lhe
tenant shall make good the damages caused
to the building lailing which landlord may
apply to the Controller ror permission to make
good the said damages and the Controller
shall decide the matter in the manner
provided in sub-section (2).
(5) The tenant shallnot, whether during the subsistence
of tenancy or thereafter, demolish any
improvement or alteration carried out by him in
the building or remove any material used in such
improvement or alteration, other than any fixture
of a removable nature, without the permission of
the landlord failing which such demol;tion or
alteration shall be deemed to be a damage
caused by such tenant under sub-section (3) and
shall be dealt with accordingly.
CHAPTER-IV
REGULATION OF EVICTION
19. ('l) Notwithstanding anything contained in any contract
or law to the contrary but sublect to the provisjons
of the lndustrial Disputes Act, 1947 (Act 14 of
1947), and section 18, where a tenant is in
47
possession ol any building, heshall notbeliable
to eviction there from except in execution of an
order passed by the Controller on one or more
of the following grounds :
(a) for breach of the conditions of the tenancy,
or for sub letting the building or any portion
thereof without the consent of the landlord,
or if he is an employee ol the landlord
occupying the building as an employee, on
his ceasing to be in such employment ;
(b) where the condition of the building has
materially deteriorated owing to acts of waste
by, or negligence or default of the lenant or
of any person residing with the tenant or for
whose behaviour the tenant is responsible;
(c) where the building is reasonably and in good
faith required by the landlord for his own
occupation or for the occupation of any
person for whose benefit the building is held
by the landlord.
Provided that where the Controller thinks that the
reasonable requirement of such occupation may be
substantially satisfied by evicting the tenant from a part
only of the building and allowing that tenant to continue
occupation of the rest and the tenant agrees to such
occupation, the Controller shall pass an order accordingly;
and fix proportionately the standard rent for the portion in
occupation of the tenant, which portion shall henceforth
constitute the building within the meaning of clause (b) of
section 2 and the rent so fixed shall be deemed to be the
standard rent fixed under section '12.
Explanation I : ln this clause, the word "landlord" shall not
include an agent relerred to in clause (l) of section 2.
Explanation ll :Where there are two or more buildings let
out by the landlord, it will be for the landlord to choose
which one would be preferable to him and the tenant or
tenants shall not be allowed to question such preference.
(d) where the amount of two month rent, lawfully
payable by the tenant and due from him is
in arrears by not having been paid wlthin the
time fixed by contract or in the absence of
48
such contracl, by the last day of the month
next following that for which the rent is
payable or by not having been validly
remitted or deposited in accordance with
section 27;
(e) in case of a tenant holding on a lease for a
specified period, on expiry of the period of
tenancy: and
(f) the landlord requires the premises in order
to carry out any building work at the instance
of the Government orthe Municipality orthe
lilunicipal Corporation or the Regional
Development Authority or any other
Authority within whose jurisdiction the
building lies and such building work cannot
be properly and fully canied out without the
premises berng vacated.
(2) (a) Where a servant of the Government in possession
of any building private/government as a tenant
intends to vacate such building, he shall give
fifteen days previous notice in writing ol his
intention to do so to the landlord and to the
Collector who shall under intimation to the
landlord within a week of receipt of the notice,
either allot the building to any other servant of
the Government whom the Collector thinks
suitable subject to payment ol rent, and the
observance of the conditions ol the tenancy by
such servant of the Government or direct that
the landlord shall be put in possession of the
building.
Provided that when no such order is
passed by the Collecto( the landlord shallbe deemed
to have been put in possession of the building.
(b) Where a building is vacated by a servant of
the Governmenl, any person occupying such
building other than the person relerred to in
clause (a) shall be liable to be evicted by the
Collector in such manner as may be prescribed.
Provided that after a landlord has been or
is deemed to have been put in possession of such
building, he may let it to any person.
49
20. (1) Notwithstanding anything contained in any other
law, where the interest ol the tenant, in any
building is determined for any reason whatsoever,
and any order is made by the Controller under
this Act for recovery of possession ol such
building, the ordershallbe bindrng on allpersons
who may be in occupation of the building and
vacant possession thereof shall be given to the
landlord by evicting all such persons therelrom.
Provided that nothing in this section shall
apply to any person who has an independent title to
such building or to a lenant who has been inducled
with the express written permission ol the landlord
himself personally.
(2) On taking possession ot the building, the landlord
shall relund the premium collected if any, to the
tenant.
21. (1) Every suit by a landlord tor the recovery of
possession of any premises on the ground
specilied in clause (c) or (e) of sub-section (1) of
section '19 shall be dealt with in accordance wlth
the procedure specified in this section.
(2) The Controller shall issue summons in every suit
referred in sub-section ('1) without delay.
(3) (i) The Controller shall, in addition to, and
simultaneously with the issue of summons for
service on the tenant or tenants, also direct the
summons to be served by registered post with
acknowledgement due, addressed to the tenant or
his agent empowered to accept the service at the
place where the tenant or his agent actually and
voluntarily resides or carries on business or
personally works for gain and may, if the
circumstances ot the case so require also direct
the publication of the summons in the Otticial
Gazette or in newspapers circulating in the locality,
in which the tenant is last known to have resided or
canied on business or personally worked lor gain.
Binding
nature of the
order ol the
Controller on
all persons in
occupation of
the Building.
Special
procedure for
disposal of
Cases lor
eviction on
ground of
bonalide
requirement.
50
(ii) When an acknowledgement purporting to be
signed by the tenant or his agent is received
back with an endorsement purporting to have
been made by a postal employee to the effect
thatthe tenant or his agenl has relused to take
delivery ofthe registered article, the Controller
may declare that there has been a valid
servlce ol summons.
(4) The tenant on whom summons is duly served
(whether by ordinary mail or by registered post)
shall not contest the prayer for eviction from the
building unless he files an atfidavit stating the
ground on which he seeks to make such contesl
and obtains leave from the Controller as
hereinafter provided; and in default of the
appearance in pursuance of the summons or his
obtaining such leave, the statement made by the
landlord in the suit for eviction shall be deemed to
be admitted by the tenant and the landlord shall
be entitled to an order lor eviction on the ground
aloresaid.
(5) The Controller shall give to the tenant leave to
contest the suit if the atfidavit filed by the tenant
discloses such facts as would disentitle the
landlord from obtaining an order for eviction on
the grounds specified in clauses (c) and (e) of
sub-section (1) of section '19.
(6) When leave is granled to the tenant to contest
the suit, the latter may, withln filteen days from
the date of the order, pray after making requisite
lee, that the affidavit may be treated as the written
statement or if he chooses to file a separate
written statement, he may do sowithin fifteen days
ol the grant of leave to contest the suit and if he
does not file the written statement within the
period he shall not be allowed to do so later. The
Controller shall thereafter commence the hearing
of the suit as early as practicable.
(7) Notwithstanding anything contained in the Code
of Civil procedure, 1908 (Act 5 of 1908) or any
other law, the Controllerwhile hearing a suit under
this section shallfollowthe practice and procedure
of a Civil Court.
51
(8) No appeal or second appeal shall lie against an
order for the recovery of possession of any
building made in accordance with the procedure
specified in this section.
Provided that on an application being made
within sixty days of the date of the order of
eviction, the High Court may for the purpose of
satisfying itself that an order under this section is
according to law, call for the records of the case
and pass such order in respect thereof as it thinks
fir.
(9) Where no application has been made to the High
Court in revision as laid down in sub-section (8)
above, the order for eviction passed by the
controller shall be final or the Controller. which
passed the order for eviction may exercise the
powers of review in accordance with the provision
ol order XLVII of the Firsl Schedule to the Code
ot Civil Procedure (Act 5 of 1908).
Provided that no such review shall be made unless an
application is filed for the same within thirty days of the
order of eviction.
22. Notwithstanding anything inconsistent therewith
contained elsewhere in this Act or in any other law for
the time being in force, the provisions of section 21 or
any rule made there undershall have overriding effect.
23. ('t) Where the landlord has been in aclive
military service or is ex-serviceman or has
been discharged or retired trom service or is to
retire or has died while in such active service and
any member ol his family is in actual necessity
of house, then on an application being filed by
the landlord or any member of his family, the
Controller after issuing notice of fifteen days and
on being satisfied after hearing the claim of the
landlord is genuine, by order, shall direct the
tenant to give possession of the house to the
landlord or hislamily member and il the Controller
is not satisfied with the claim ol such landlord, he
shall pass order rejecting the application.
Provisions of
section 21
have
overriding
effect.
Special
provision for
active/ex-
servicemen
of Defence
Forces.
52
Provided that if the landlord or his widow has more
than one residential house, then such landlord or his widow
shall have no right to take back possession ol more than
one house.
(2) (a) The Controller on the receipl of application
shall issue summon to the tenant within
seven days of filing the application.
(b) ln addition to this, the Controller shall direct
to send summon to the tenant or his agent
by registered post with acknowledgement
due and also to stick the second copy of the
summon on any conspicuous visible portion
of the house.
(c) ll the summon with the registered post is
returned with the endorsement ol the
postman that the tenant or his agent relused
to take the summon, the Controller after
enquiry as he may think lit and being
satistied with the endorsement, may declare
that the summon has been legally served
on the tenanl.
(d) The tenant against whom service of summon
has been declared valid, will have no right
to oppose the petition of eviction till an
atfidavit within fifteen days of service of
summon is filed mentioning the reason on
the basis ol which he opposes the petition
of eviction and obtains the permission of
the Controller on it. ln case ot failure of his
appearance and obtaining Controlleas
permission, the statemenl ol the landlord
or his widow father, mothe( son, grandson,
or widow daughter inlaw, as the case may
be, shall be deemed to be accepted by the
tenant and the petitioner shall be entitled
for the order ol eviction ol the tenant.
(e) The Controller within lifteen days of filing of
such affidavit shall give permission to the
tenantt0 oppose the appli€tion, ilthe tenant
has disclosed such facts which can debar
the landlord, his widow, father, mothe( son,
grandson, widow daughter-in-law in getting
back the possesslon of that residential
house.
(f) Where permission to oppose the application
has been granted to thetenant, the Controller
shall not lix the date more than one month
trom the dale of permission given to the
tenant to oppose the application and hearing
of the application shallcontinue on day-today
basis till the disposal of the case and as lar
as possible, the decision shall be given within
two months from the commencement of the
hearing.
(g) The Controller shall give appropriate time to the
lenant lo give back the possession of the
residential house to the landlord, his widow,
father, mother, son, grandson or widow daughter'
in-law, as the case may be, but will not extend
that time altogether more than two months.
(h) Where such proceeding of enquiry in which this
section is applicable, including the recording of
statemenb of witnesses, the Controller willfollow
the procedure of a Court of Small Causes.
(3) No appeal shall lie against the order ot the Controller
lo give possession of any building except as per the
procedure laid down in this section.
Provided that a revision petition may be filed in
the High Court within sixty days from the date of
the order of eviction.
(4) No Court other than the High Court shall stay lhe
operation ol evrction during the pendency of the
revision petition liled under sub-section (3) of this
section.
(5) Where the tenant has been evicted lrom the
residential house and the landlord or his widow, father,
mother, son, grandson or widow daughter-in-law, as
the case may be, does not occupy withln three
monlhs continuously from the date ol eviction or let
out the building or a portion thereof to a person other
than the evicted tenant within three years of eviction
ol the tenant, then the evicted tenant may file an
application to the Controller {or restoration ot
possession of that building to him on the same terms
and conditions which were applicable at the time of
eviction and the Controller shall pass order
accordingly and also order to pay cost.
Right to
rec0ver
immediate
possession of
building to
accrue lo
employee of
Slate or
Central
Government.
Right to
rec0ver
immediate
possession of
building to
accrue to
a widow or a
handicapped
person or a
person aged
sixty five
years
and above.
24. (11
(2)
(3)
54
Where the landlord is a retired employee of the
State or Central Government, and the building
let out by him, his spouse or his dependent son
or daughter are required for his own use, such
employee may, within one year from the date of
his retirement or within a period of one year from
the date of commencement ofthisAct, whichever
is later. apply to the Controller for recovering
immediate possession of such building.
Where the landlord is an employee of the State
or Central Government and has a period of less
than one year preceding the date of his retirement
and the building let out by him, his spouse or his
dependent son or daughter is required by him
for his own use after his retirement, he may, at
any time within a period of one year before the
date of his retirement, apply to the Controller for
recovering immediate possession of such
building.
Where the landlord, his spouse or his dependent
son or daughler referred to in sub-section (1) or
sub-section (2)has letout more than one building,
it shall be open to him, his spouse or his
dependent son or daughter, as the case may be
to make an application under that sub-section in
respect of only one of the premises chosen by
him.
25. (1) Where the landlord is-
(a) a widow and the building let out by her, or by
her husband:
(b) a handicapped person and the building let
out by him ;
(c) a person who is ot the age of sixty five years
or more and the building let out by him, is
required for use by her or him or for her or
his family or for any one ordinarily living
with her or him for use, she or he may apply
to the Controller for recovery of immediate
possession of such building and the process
ol eviction as delineated in Section 23 of
this Act shall be applicable,
55
(2) Where the landlord referred to in sub-section ('1)
has let out more than one building, it shall be
open to her or him to make an application under
that sub-section in respect of any one building
chosen by her or him.
26. (1)
12)
(3)
(4)
(5)
lf the landlord or his authorized agent reluses or
neglects to pass to the tenant the receipl referred
to in sub-seclion (2) of section 15, the Controller
may, on an application made to him in this behalf
by the tenant within two months trom the date of
payment and atter hearing the landlord or his
authorized agent, by order direct the Iandlord or
his authorized agent to pay to the tenant, by way
of damages, such sum not exceeding double the
amount of monthly rent or other charges paid by
the tenant and the costs of the application and
shall also grant a certilicate to the tenant in
respect of the rent or other charges paid.
lf the landlord or his authorised agent refuses to
accept or evades acceptance of receipt of rent
and olher charges, the tenant may, by notrce in
writing, ask the landlord to supply him the
particulars of his bank account in a bank located
near to the building.
lflhe landlord furnishes the particulars of his bank
account, the tenant shall deposit the rent and
other charges payable in such bank account from
time to time.
lf the landlord does not furnish the particulars of
the bank account under sub-section (2), the tenant
shall remit the rent and the other charges payable
to the landlord, from time to time, through postal
money order afterdeducting the necessary postal
charges.
Where any bonafide doubt or dispute has arisen
as to the person who is entitled to receive any
rent in respect of any building, the tenant may
Deposit ol
rent by
tenant on
refusal of the
landlord to
accept it or in
case of doubt
or dispute as
to the person
entitled to
receive it.
CHAPTER - V
DEPOSIT OF RENTS
(6)
27. (11
56
deposit such rent in the prescribed manner with
the controller, stating the circumstances under
which such deposit is made, and, may untilsuch
doubt has been removed or such dispute has
been settled by the decision of any competent
court or by settlemenl between the parties,
continue to deposit in like manne( the rent that
may subsequently become due in respect of such
building.
When a deposit has been made under sub-
section (5), the amount of such deposit shall be
held by the Controller pending the removal of
the doubt or the settlement of the dispute which
has arises as to the person, who is entitled to
receive the rent, either by the decision of a
competent court or by settlement between the
parties, and the amount of such deposit may be
withdrawn by the person who is declared by such
court to be entitled to it or who is held by the
Controller to be entitled to it in accordance with
the settlement.
ll, in a suit tor recovery of possession of any
building, the tenant contests the suit as regards
claim lor eviction, the landlord may rrrove an
application at any stage ol the suit for order on
the tenant to deposit rent month by month at a
rate at which it was last paid and also subject to
the law of limitation, the arrears of rent, if any,
and the Conlroller atter giving opportunity to the
parties to be heard, may make an order for
deposit of rent month by month at such rate as
may be determined and the arrears ol rent, both
before or after the institution of the suit if any
and on failure ol the tenant to deposit the arrears
of rent within filteen days of the date ot order or
the renl at such rate for any month by fifteenth
day ol the next following month; the Controller
shall order the defence against eviction to be
slruck off and the tenant to be placed in the same
position as if he had not defended the claim to
eviction and further, the Controller shall not allow
the tenant to cross-examine the landlord's
witnesses.
Deposit of
rent by
tenants in
suits tor
eviction.
57
(2) lf in any proceeding referred to in sub-section
(1), there is any dispute as to lhe person or
persons to whom the rent is payable,lhe Controller
may direct the tenant to deposit in the office of
Controller the amount payable by him under
sub-section ('1) and in such case, no person shall
be entitled to withdraw the amount in deposit until
the Controller decides the dispute and makes an
order for payment of the same.
(3) lf the controller is satisfied that any dispute
referred to as in sub-section (2) has been raised
by the tenant lor reasons which are false or
frivolous, the Controller may order lhe defence
against the eviction to be struck off and proceed
with the hearing of the suit as laid down in
sub-section (1 ).
28. The Appellate Authorlty may, after giving an opportunity
to the parties to be heard make an order lor d

Excerpt shown. Open the full act in Lexace.

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