The Odisha House Rent Control Act, 1967

 
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The Orissa House Rent Control Act, 1967 
 
Act 4 of 1968 
 
 
 
 
 
 
 
 
Keyword(s): 
Controller, Fair-Rent, House, Landlord, Tenant 
 
 
OWSSA ACT 4 OF 1968 
THE ORESA ROUSE RENT CONTROL ACT, 1967 
-- 
CONTENTS 
PREAMBLE 
SSCT~ONS 
1. Short title, extent, commencement and duration 
2. Definitions 
3. Salami or prprnium not to be charged 
4. Landlord entitled to fair-rent 
5. Dcturmination of fair-rent 
6. Crrotinuance of tenancy 
7. Conditions under which a tenant can be ejected 
8. Bar OF claima in excesss of the determined rent and refund of excess payment 
9. Redetermination of fair-rent in certain cases 
10. Landlord to effect repairs 
11. Continuance of tenancies other than tenancies from month to month 
12. Enquiries and Procedure 
13. Appeal 
14. Finality of orders 
15. Court to deliver possession 
16. Stay of execution of decree or order for eviction in cerlaia cam 
17. Penalty 
18. False statements 
19. Protection of action taken under the Act 
20. Exemption 
21. Power to make rules 
22. Validation of certain actions 
'[THE ORISSA HOUSE RENT CONTROL 
ACT, 1967 ] 
Received rhe nssent of the President on the 17th 
February 1968, first published in nil ext raordi- 
nary issue of ihe Orissa Gazette, daied the 
4th March 19681 
AN ACT TO PROVIDE FOR THE CONTROL OF HOUSE- 
RENT IN THB STATE OF ORISSA 
e it enacted by tlze Legislature of the State 
Bof Orissa is theEighteenth Year of the Re- 
public of India, as follows:- 
I. (I) This Act may be called tho Orissa short titls 
' exknt, cam House-Kent Control Act, 1967. mcoccmut I 
and durarion. i 
! 
(2) It extends to the whole of the State of Orissa. 
(3) Kt sbaIl bc deemed to have come into force on 
the 4th day of May, 1967 in those local areas of the 
Orissa Act 32 State in which the Orissa ETouseRent Control A?t, 
,r 1958was in force inimediately prior to its explry 
1958 and it shall wmei~toforceinsuch~therlocalarea 
or areas on such data as the State Government may, 
by notification,, appoint in that be ha; . - 
Provided that sections 17 and 18 shal\cdme intb 
force in the.earliir mentioned local areas on thi day 
on which the assent'of the President to. this Act is 
first published in tht' Gazette. 
(4) It shnll cease to - have effect 2[on the 4th 
day :ofMay,: 1981 3 excbpt as respects 
things done, or omitted to be done before the 
expiration - thereofb and section 5 of the Orissa 
E~2i~ General CIaus~s Act, 1937 shall a ply upon the 
expiry of this Act as if it had then een repealed by an Orissa Act. 1 
- 
1. Por Statement'of Objccts and Reasons, see Orha Gazeife. Hxrra- 
ardinary ( No. 979). datcd he 1st Augmt 1967 and for Rcport 01 the 
Select committee, see, ibid, ddated the 15th Daccmbcr 1967 {No. 1599). 
2: Substituted by tlie OrIssa How%-rent Control ( Amendment ) ha, I974 ( Or. Act 10 uf 1974 ), s. 2, for ." Od the ex& of stvch years From 
the date of its c~mmencemcnt?' w;c.C 13h July 1974. 
DcCln~tions 2. In this -Act unless the -context otherwise requires- 
(1)"ControIler" in respect of any area means the 
'1 Subdivisions 1 Judicial Magistrate .] having juris- 
diction over t hat area .and shall .include any-Magi- 
strate of the first class .having jurisdiction oOer such 
area to whom the I[ Subdivisiondl Judicial Magistrate] 
may transfer any app licatiim 'for disposal; 
@) '<' fair-rent" .means -rent xonsiderea teaso- 
nable having regard to :the ,situation, locality, condi- 
tion of the premises, amenities p,rovided therein and 
the rental value fixed by the local -alithority, ;if any; 
(3) " house" includes any building ,or part of a 
buildjug with its appurtenances and out-houses used 
:far ,any -purpose whatso,exei; 
(4) " landlord" includes an person who is 
receik.ing or, is .entitled -tw receivect g elieht .of a house 
whether on his own account or on behalf of another 
or on behalf of himseif~andothers; 
(5) CL tenant " meam any ,person by whom. sr !on 
whose behalf rent .i's .payable for ,my.- house and 
i,ncludes- every ,person <whd. 60-m 9ime to: the ,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-any persan+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 the, (dde of cornrrlencemedt~6f~thisSSAct 
Pr;:bmb:0t a:landlord shallnotrjb-eotitled .to charge :salami tor 
chargd. premiumifor:~et.tin~iqh~se ox f~~:reneajtrg:the 
I'm%:of any h~Use~ I , . . 
Landlord 4. 'Subject 'to the provisions of .this ~ct'!' and 
enlitled to notwithstanding any contract to the contrarj, no fair-rent . landlord shall be entitled to charge rcnt fo~ .any rhouse 
#:at a-sum higher :than the.:fair-~ent. 
Dctsrmina- 5; (1) Any landlord -or ,any Itenant may make lion of fair- 
rent. an applicatiotritothe EmtroIIet..to @:a fdirqent.. 
1. ~ubstitured by the Orissa,Hou~rent ConL~l (Amendment) Act, 1974 
(Or. Act 10 of 1974 ), s. 3. w.eldSt April, 1974. 
(2) Pending final decision on the application 
the ControIler shall fix a provisional rent, Final deci- 
sion when made, shall be deemed to have taken effect 
from the date of tlze application and all amounts paid 
as provisional rent shall be adjusted towards payment 
of final rent. 
(3) The application of the tenant shall be 
dismissed, IT hc fails to pay the provisional rent 
regularly. 
6. Notwithstanding anything to the contrar c,,,i,uancs 
contained in my agreement or law no tenant sha r I of ttnan~~. 
be liable to be ejected except as provided in section 7. 
7. (1) A landlord who seeks to evict his tenant Gndi.nl 
shall apply to the Controller for a direction in that ,v~cb 
behalf. a tenant an be ejacted. 
(2) If the Controller, after giving the tenant 
5 reasonable opport~mity of showing cause against 
the application, is satisfied- 
(i) t.hat the tenant has not paid or tendered 
the rent due from him in respect of the 
house within thirty days after the expiry 
of the time fixed ir, the agreement 
of the tenancy with the landlord for 
payment of rent or in the absence of any 
such agreement by the last day of the 
month next following that for whichthe 
rent is payable; or 
(ii) tbat the tenant has without the written, 
consent of the landlord- 
,. (a) transferred his right under the lease or 
sub-let the cntirc house or any portion 
thereof (if the Iease, does not confer on 
,him any right to do so):; or . 
(b) used the house for a purpose other 
than that for which it was let out; or 
(iii) that the tenant has conimitted such acts 
of damage as are likely to impair 
materially the value . or utiIity df the 
house ; or , 
(iv) that the tenant has denied the title of the 
landlordorclaimedaiight of perinanent . 
tenancy and that such denial or claim is 
not bona fidq . 
he shall make an order directing tbc tenant to put the 
landlord in possession of the house and if the 
Controller is not so satisf ed, he shall make an order 
rejecting the application: 
Providcd that in any case falli r~g under dau4se.(i). 
if the controller is satisfied that the tenant's default 
to pay or tender rent was not wilful, he may give the 
tenant a reasonable time not exceeding fifteen dkyshto 
pay or tender the rent due from him to the land-lord 
up to the date ~f such payment or tender and on such 
-' 
payment or tender the application shall be rejected. 
(3) 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 rmit 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 
proceedings. 
(4) The landlord may, subject to the provisions 
of this Act, apply to the Controller for- an order 
directing the tenant to put him in possession of the 
house, if be requires the house in good -fddiih for the 
occupation or use of himselfi any niember of his 
family-or of any person or persons fbr whose benefit 
the house is held by him. 
(5) Notwi thstaading anything contained in 
section 106 of theTransfer of Property Act, 1882 it 4d 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 the ground that 
no such notice' as aforesaid had been served on the 
tenamt:befor;e institution of such proceedings; 
Bar of claim 8. When the ControIIel: has d :- terruined. the fair- in cxccss of . . 
[hc deter- rent of a house- 
miacd rcnt 
aad rcfund 
of excess 
paymcn~. , (a). the ldndlord. shall-t~ot.claim-: and. shd1 not 
': 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, .,shall be 
null and voied in respect of such excess 
and be construed as if it were a11 agree- 
ment for payment of such determined 
rent; and 
(c) any sum in excess of the determined rent 
paid after the datc of appIicat ion unc'er 
sectioll 5 in ~espect of a house for zny 
pericd after the said date shall be refunded 
1.0 the Terson by whom it was 'paid, or at 
the .option of such person ,otherw,ise 
adjusted. 
9. (1) If at any time after the fair-rent of a house Redetcrmina- 
-lion of has been (etermined under seGtion 5, it ,appears ., 
the,ControlIer that ~subsequcnt to such deterrninat.ion, in certain 
some ,addition, improver~ient or ,alterafion, not beim,g cases. .* 
~~n!the nature 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- 
,ingsuch enquiries as he thinks fit, redetermine %he 
fair-rent of the house: 
Provided that the excess rent payawle for the 
house shall not exceed sevcn and a haelf per cent per 
annum on the cost of such addition, improvement 
or alteration and dhall be cl~argeable from the daZe of 
completion of such addition, improvement or altera- 
tion. 
(2) Notwi thst~nding the dete.l.mination or redet~r- 
mination of the fair-rent as aforesaid if the Contruller 
is satisfird ,l hat 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 
~auBority ha s imposed a higher rate .of holding-!ax 
.on.the annual value of the holding in the local~ty, 
,he may redetermine $he fair-rent in such cases as he 
may.thin.k fit, commensurate with the e~~hancement 
)in the holding-tax. 
10. (I) If the landlord fails to effect normal Landlor( tc 
repairs to the house and there by renders the house cffml rd~~ils- 
unirfhabitable, the tenant may make an application 
to the controller, who may, after making such enquiry 
as he deems fit, direct ?he landlord to eft'eci s-&:ch 
repairs as may be necessary in the opinion of the 
Controller within a ,reasorla bl e .period to bc fixed "uy 
him. 
(2) In case the landlord fails to compIy with the 
directions issued under sub-section (I) the Controller 
may authorise the tenant to effect the repairs at his 
own cost and to adjust the amount so spent against 
the rent payable to the Iandlord in such number of 
instalments as may be ked by the Controller: 
Provided that rhe tenant shall not be entitled to 
adjust any amount spent in excess ot' the amount 
which, in the opinion of the Controller, would have 
been reasonably necessary for effecting the said 
repairs. 
Continu- 
of tenancies 11. (I) lf a tenant in possession of any house 
other held on a tenancy other tban a tenancy from month 
tewd to month wished to extend the period of tenancy by from mouth 
,, mwth. not less than six and not more than twelve months, 
he may give the landlord, not less than one month 
before the expiry of the tenancy, a written notice of 
his intention after depositing with the Controller or 
paying to the landlord the arrears of rent, if any, 
and upon the delivery of such notice and upon such 
deposit or payment being made the ter~ancy shall, 
save as hereinalter provided, be deemed to haye been 
extended for the period specified in the notice. 
(2) Wherethe landlord to whom a notice has 
been given under sub-section (I) wishes to object 
to the extension demanded by the tenant, he may 
withinfifteendays of the delivery to him of such 
notice, apply to the ControUer in that behalf, and if 
t be Controller is satisfied- 
(a) that the house is in good faith required by 
the landlord for the occupation of himself 
or any member of his family or for the 
occupation of any person or persons for 
whose benefit the house is held by him ; 
or 
(b) that thetenant has done any of the acts 
provided in clauses (i) to (iv) of sub- 
section (2) of section 7 ; 
he shall . pass an order disallowing the extension 
demanded by the tenant. 
12. (1) An enquiry under this Act shall be of a Enquiries 
summary nature and shall, so far as practicable, be pr&niwr 
held in accordance ivith the provisions contained in 
of 1908 the Codc of Civil Procedure, 1908. 
(2) All proceedings under this Act shall, so 
far as possible, be disposed of within a period of 
six months from the date of its institution. 
(3) For the purposes of an enquiry under this 
Act the Controller may- 
(a) enter and inspect the house; or 
(b) authorise any officer subordinate to him 
to enter and inspect the house. 
36 of 1963 (4) Subject to the provisions of this Act, the 
provisions of the Limitation Act, 1963 except 
sctions 6, 7, 8, 9, 18 and 19 shall apply to all appeals 
and applications under this Act. 
13. (1) Any person aggrieved by an order of~p~tal 
the Controller may within thirty days from the date 
on which the order is communicated to him, present 
an appeal in writing to 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 in deliver Wsession. possession of the house, shall be deemed to be a 
decree and shall be executable as such in the Court of the Munsif within the local limits of whose 
jurisdiction the house is situate. 
-. 
- 
I. Omittcd by the Orissa House Rent Control (Amendment) Ac& ' 
1969 (Or. Act 12 of 1969). 1.c. s: 2. 
2. Substituted by the Orissa House Rcnt Control Amendment) Act, . 
1974 (Or. Act 10 of 1974). r. 4, for "the Additional List* mgi.q~. 
~udic~al)" 5v.e.C. 1st April 1974. 
sm .OF 16. (1) ~otwithstanding anything in any law 
exeartionof decree or or 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 or order for eviction therefroo 1 
made against him before the conlmencernent of thb: 
Act and would but for such decree or order be a 
tenant within the meaning of this Act, has preferred 
an appeal against, or made an application for review 
0,r revision of, the decree or ,order to a Court of 
compete 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 revie~ or revision. 
(2) The Court may, while ordering stay of 
;exemtion uo der su b-section (I), impose such terms 
.and conditions .in respect of the quantum and 
manner of ,payment o t' rent of the house or i11 respect 
of the manner of possession ,thereof as the Court 
may deem fit; and on breach of any such terms 
and condit,ions by the person aforesaid, lthc Court 
-may, after giving such person .a reasonable oppor- 
:tntiity of being heard, vacate the ;order of 'stay of 
,execution ,of ,the decree .or order. 
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. 
~alst amti- !P8.'Tf any ,person, when ,required by or ,under 
ments. *his-Act $0 -make my statement or to furnish -my 
information, makes any statement of furnishes my 
. , , jaforxpation -which is false in .material .particulars 
:. &d,wf~ich ihe knows or has reasonable ,cause to 
he$evq to ,be false or .does not beJiexe .to be true, . , 
,,he shallbe punishable with fine not:exceed,iqg two 
bndred cup,ees. 
Protterion 19. (1) No suit, prosecution or ather legaI or action proceeding shall lie against .any person .for anything 
takenu"dcr tht AC~. which is in good faith done or intended to be done 
.in pursuance of this Act -,or ,of the rules or aoxders 
made thereunder. 
(2) No sxit or other Iegal proceeding shall 
lie against the Govetnlnent for any damage caused 
or likely to be caused by anything which is in good 
faith dune or intended io be done in pursuance of 
any provision of this Act or of any rule or order 
made thereunder. 
20. (I) None of 1 he provisions of tfiis Act shalI Exemptions 
2 ppJy to the- 
(a) bLouses owned by the Union Government, 
a State Government or a Local authority; 
and 
(6) houses the construction of which is 
completed after the commencement of 
this Act for a' period of five years from 
the date of their completion. 
(2) The Stare Government ma), by notificktion, 
exempt any other house cr class of. houses fiorn all, 
or any of the provisions of this Act. 
21. (1)The State Governnlent may make rules* Power to 
to carry out the purposes of rhis Act. make rules. 
(2) Without prejudice to the ge~?eral ity of the 
i'arcgoing power, such rules may provide for- 
(a) the procedure to be followed by Control- 
lers and appeIIate authorities in the 
performance of their fu~lctions under 
this Act; and 
(6) the manner in which notices and orders 
under this Act shall be given or served. 
Oristi Act 
31 of 195s. 22. Notwithst andiog thc expiration of Orissa vd&tion 
House Rent Control Act, 2958- of certain 
actions. 
(a) anything done, any action taken, any 
order, appointment or rules made or any 
notification issued in exercise of or in 
purported exercise of any power conferred 
by or under the said Act; znd 
For n~lcs rrndcr section 21 (I), see Notification No. 14156-L. E. H., 
tlatcd thc 16th Novcmbcr 1968. published in Orissa Guzette, ddaled the 
31st Jnnuary 1969, Pt. Ill., p. 133. 
(b) any proceedings instituted thereunder, 
shall be deemed to have been done, taken, 
made or issued in exercise of the powers 
conferred by or under this Act and, as 
the case may be, shall be deemed to have 
been instituted under this Act as if this 
Act were in force on the day on which 
such things was done, action was taken, 
order, appointment or rules were made, 
notification was issued or proceedings 
were instituted; 
(c) all such proceedings pending before the 
Controller appointed under the said Act 
and all appeals pending thereunder shall 
respectively stand transferred to the 
*[ Subdivisional Judicial Magistrate and 
the Chief Judicial Magistrate]. 
-- - - -.- 
1. Substituted by thc Orisa House Rent + Control (Amcndmmt) ~ct. 
397.1 (Or. Act 10 of 19741, s. 5, for "Subdivlslcnal Magistrate and the 
Additional District Magistrate (Judicial)" w. c. f. 1st April, 1974. 

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