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The Karnataka Rent Act, 1999

The Karnataka Rent Act, 1999

 
KARNATAKA ACT NO. 34 OF 2001
 
(First published in the Karnataka Gazette Extraordinary on the Twenty Seventh
 
day of November 2001)
 
THE KARNATAKA RENT CONTROL ACT, 2001
 
(Received in the assent of the Governor of Karnataka on the Twenty Second day of
November 2001)
 
An Act to provide for the regulation of rent and eviction of buildings, in certain
areas of the State of Karnataka, and for the matters connected their with or incidental
thereto.
 
Be it enacted by the Karnataka State Legislature in the fiftieth year of the
Republic of India, as follows:-
 
CHAPTER I
 
PRELIMINARY
 
1. Short title, extent and commencement.- (1) This Act may be called the
Karnataka Rent Act, 1999.
 
(2) It extends to the whole of the State of Karnataka.
 
(3) It shall come into force from such date as the State Government may, by
notification, appoint and different dates may be appointed for different areas or for
different provisions of this Act.
 
1. Act came into force w.e.f. 31.12.2001 vide Notification No. RD 24 BHANIVI 2001 dt. 5.12.2001
 
2. Application of the Act.- (1) Chapters-I to III and Chapter-V to VIII of this
Act shall apply to areas specified in the First Schedule.
 
(2) Chapters I, and IV shall apply only to areas specified in the Second
Schedule.
 
(3) Nothing contained in this Act shall apply,-
 
 (a) to any premises belonging to,-
 
 (i) the State Government or the Central Government or a local
authority;
 
 (ii) a Muzarai or religious or charitable institution;
 
 (iii) a Wakf.
 
Explanation.- If any doubt arises whether any institution referred to in sub-
clause (ii) and (iii) above is a muzarai or religious or charitable institution or a wakf,
the decision of the Divisional Commissioner shall be final.
 
 (b) to any building belonging to a Co-operative Society registered or
deemed to be registered under the Karnataka Co-operative Societies Act, 1959
(Karnataka Act 11 of 1959) or the Multi state Co-operative Societies Act, 1984
(Central Act 51 of 1984);
 
 (c) to any building belonging to a Market Committee established under the
Karnataka Agricultural Produce Marketing Regulation Act, 1966 (Karnataka Act 29 of
1966);
 
 (d) to any tenancy or other like relationship created by a grant from the
State Government or the Central Government in respect of any premises taken on
lease or requisitioned by the State Government or the Central Government;
 

 
 (e) to any premises, deemed rent on the date of commencement of
this Act or the standard rent of which exceeds,-
 
 (i) three thousand five hundred rupees per month in any area referred
to in part A of the first schedule; and
 
 (ii) two thousand rupees per month in any other area.
 
Explanation.- "Deemed rent on the date of commencement of this Act" shall be
the rent calculated in the manner provided in section 7, together with revision, if any,
as provided in section 9 and decreased in the case of premises constructed after the
commencement of this Act at the same rate as the rate of enhancement stipulated in
the third Schedule to reflect the position on the date of commencement of this Act;
 
 (f) to any premises constructed or substantially renovated, either before or
after the commencement of this Act for a period of fifteen years from the date of
completion of such construction or substantial renovation.
 
Explanation-I.- A premises may be said to be substantially renovated if not less
than seventy-five percent of the premises is built new in accordance with the criteria
prescribed for determining the extent of renovation;
 
Explanation-II.- ‘Date of completion of construction’ shall be the date of
completion as intimated to the concerned authority or of assessment of property tax,
whichever is earlier, and where the premises have been constructed in stages the
date on which the initial building was completed and an intimation thereof was sent to
the concerned authority or was assessed to property tax, whichever is earlier.
 
 (g) to any premises used for non-residential purpose but excluding
premises having a plinth area of not exceeding fourteen square meters used for
commercial purpose;
 
 (h) to any building or group of buildings or premises which the State
Government may by notification exempt in public interest from all or any of the
provisions of this Act.
 
(4) The State Government may by notification apply all or any of the provisions
of this Act to such other areas or class of buildings within any area from such date or
dates as may be specified in the notification.
 
(5) The State Government may at any time by notification, direct that all or
any of the provisions of the Act shall cease to be applicable to any area whether or
not specified in Schedules I or II, from such date as may be specified in the
notification, or to any class of buildings within any area; and from that date the said
provisions shall cease to be applicable to such area or class of buildings:
 
Provided that section 6 of the Karnataka General Clause Act, 1899 shall apply
when any provision of this Act ceases to be applicable to any area or class of
buildings in any area as if it had been repealed by a Karnataka Act:
 
Provided further that the issue of a notification under sub-section (5) shall not
preclude the issue of a notification under sub-section (4) applying all or any of the
provisions of the said chapter to such area or class of buildings.
 
3. Definitions.- In this Act, unless the context otherwise requires,-
 
(a) "building" means any building or hut or part of a building or hut other than a
farm house, let or to be let separately and includes,-
 

 
 (i) the garden, grounds and out-houses, if any appurtenant to such building,
hut or part of such building or hut and let or to be let along with such
building or hut or part of building or hut;
 
 (ii) any furniture or equipment supplied by the landlord for the use in such
building or hut or part of a building or hut;
 
 (iii) any fittings affixed to such building or part of a building for the more
beneficial enjoyment thereof,
 
but does not include a room or other accommodation in a hotel or a lodging house;
 
(b) "Controller" means a Controller appointed under section 23;
 
(c) "Court" means,-
 
 (i) in respect of the area comprised within the limits of the City of
Bangalore, the Court of Small Causes;
 
 (ii) in such other area as the State Government, may, in consultation with
the High Court, by notification specify, the Court of Civil Judge (Senior
Division)having territorial jurisdiction over such area; and
 
 (iii) in respect of areas other than those referred to in sub-clauses (i) and (ii),
the Court of Civil judge (Junior Division) having territorial jurisdiction over such area;
 
(d) "Family" in relation to a person means the wife or husband of such person
and his or her dependent;
 
(e) "landlord" means a person who for the time being is receiving or is entitled
to receive, the rent of any premises, whether on his own account or on account of or
on behalf of or for the benefit of any other person or as a trustee, guardian or
receiver for any other person or who would so receive the rent or to be entitled to
receive the rent, if the premises were let to a tenant;
 
(f) "lawful increase" means an increase in rent permitted under the
provisions of this Act;
 
(g) "local area in relation to the premises let" means the area of jurisdiction and
surrounding area as specified in the First Schedule, of the local authority within which
the premises let is situate;
 
(h) "local authority" means,-
 
 (i) a City Municipal Corporation constituted under the Karnataka Municipal
Corporations Act, 1976 (Karnataka Act 14 of 1977);
 
 (ii) a Municipal Council or Town Panchayat constituted under the Karnataka
Municipalities Act, 1964 (Karnataka Act 22 of 1964) including a Contonment Board
constituted under the Contonment Act, 1924 (Central Act 2 of 1924);
 
 (iii) an Urban Development Authority constituted under the Karnataka
Urban Development Authority Act, 1987 (Karnataka Act 14 of 1987);
 
 (iv) a Grama Panchayat, a Taluk Panchayat or a Zilla Panchayat constituted
under the Karnataka Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993);
 
 (v) an Improvement Board constituted under the Karnataka Improvement
Boards Act, 1976 (Karnataka Act 11 of 1976);
 
 (vi) The Bangalore Development Authority constituted under the Bangalore
Development Authority Act, 1976 (Karnataka Act 12 of 1976); or
 
 (vii) any other authority, as the State Government may by notification,
declare to be a local authority;
 

 
(i) "premises" means,-
 
 (i) a building as defined in clause (a);
 
 (ii) any land not used for agricultural purpose;
 
(j) "public institution" includes any educational institution maintained out of
State Funds or aid received out of State Funds or free hostel attached to such
educational institution, library, a Government Hospital, charitable dispensary,
orphanage, disabled home and destitute home;
 
(k) "residential purpose", "residential user" or "purpose of residence" include
letting out for running a public institution;
 
(l) "Schedule" means a Schedule appended to this Act;
 
(m) "standard rent" in relation to any premises means the standard rent referred
to in section 7 or where the standard rent has been increased under section 9,
such increased rent;
 
(n) "tenant" means any person by whom or on whose account or behalf the
rent of any premises, is or but for a special contract would be, payable, and
includes,-
 
 (i) a sub-tenant;
 
 (ii) any person continuing in possession after the termination of his tenancy,
but does not include any person to whom a licence as defined in section 52 of the
Indian Easements Act, 1882 (Central Act 5 of 1882) has been granted;
 
(o) "urban area" means the areas specified in the First or Second Schedule
 
CHAPTER II
 
REGULATION OF RENT
 
4. Registration of tenancy agreement.- (1) Notwithstanding anything
contained in section 107 of the Transfer of Property Act, 1882 (Central Act 4 of
1882), no person shall, after the commencement of this Act, let or take on rent any
premises except by an agreement in writing.
 
(2) Every agreement referred to in sub-section (1) or required to be registered
under sub-section (3) shall be registered under the Registration Act, 1908 (Central
Act 16 of 1908), within such period as may be prescribed and for this purpose the
agreement shall be deemed to be a document for which registration is compulsory
under section 17 of the said Act.
 
(3) Where, in relation to a tenancy created before the commencement of this
Act,-
 
 (a) an agreement in writing was entered into and was not registered under
the Registration Act, 1908 (Central Act 16 of 1908) the landlord and the tenant shall,
jointly present a copy thereof for registration before the registering officer under the
said Act;
 
 (b) no agreement in writing was entered into, the landlord and the tenant
shall enter into an agreement in writing with regard to that tenancy and present the
same for registration before the registering officer under the said Act:
 
Provided that where the landlord and the tenant fail to present jointly a copy of
tenancy agreement under clause (a) or fail to reach an agreement under clause (b)
such landlord and the tenant shall separately file the particulars about such tenancy
 

 
with the prescribed authority in such form and in such manner and within such period
as may be prescribed.
 
5. Inheritability of tenancy.- (1) In the event of death of a tenant, the right of
tenancy shall devolve for a period of ten years from the date of his death to his
successors in the following order, namely:-
 
 (a) spouse;
 
 (b) son or daughter or where there are both son and 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 or carrying on busines in
the premises with the deceased tenant as a member of his family up to the date of
his death and was dependent on the deceased tenant:
 
Provided further that a right to tenancy shall not devolve upon a successor in
case such successor or his spouse or any of his dependent son or daughter is
owning or occupying a premises in the local area in relation to the premises let.
 
(2) If a person, being a successor mentioned in sub-section (1), was ordinarily
living in or carrying on business in the premises with the deceased tenant but was
not dependent on him on the date of his death, or he or his spouse or any of his
dependent son or daughter is owning or occupying a premises in the local area in
relation to the premises let to which this Act applies such successor shall acquire a
right to continue in possession as a tenant for a limited period of one year from the
date of death of the tenant; and, on the expiry of that period, or on his death,
whichever is earlier, the right of such successor to continue in possession of the
premises shall become extinguished.
 
Explanation.- For the removal of doubts, it is hereby declared that,-
 
 (a) where, by reason of sub-section (2), the right of any successor to
continue in possession of the premises becomes extinguished, such extinguishment
shall not affect the right of any other successor of the same category to continue in
possession of the premises but if there is no other successor of the same category,
the right to continue in possession of the premises shall not, on such extinguish-
ment, pass on to any other successor specified in any lower category or categories,
as the case may be;
 
 (b) the right of every successor, referred to in sub-section (1) to continue in
possession of the premises shall be personal to him and shall not, on the death of
such successor, devolve on any of his heirs.
 
6. Rent payable.- (1) The rent payable in relation to a premises shall be,-
 
 (a) the rent agreed to between the landlord and the tenant as enhanced in
the manner provided in the Third Schedule; or
 
 (b) the standard rent specified under section 7, as revised under section 9.
 
(2) In the case of a tenancy entered into before the commencement of this Act,
the landlord may, by notice in writing to the tenant within three months from the date
of such commencement, enhance the rent as specified under section 7, and the rent
so enhanced, shall be payable from the date of such commencement.
 
7. Standard rent.- (1) Standard rent in relation to any premises, shall be the
rent calculated on the basis of ten per cent per annum of the aggregate amount of
 

 
the cost of construction and the market price of the land comprised in the premises
on the date of commencement of the construction:
 
Provided that the standard rent calculated as aforesaid shall be enhanced in the
manner provided in the Third Schedule.
 
(2) For the purpose of this section,-
 
 (a) cost of construction shall include cost of electrical fittings, water pumps,
overhead tanks, storage tank and other water, sewerage and other fixtures and
fittings affixed in the premises;
 
 (b) in case any fixture and fittings referred to in clause (a) are in common
use by more than one occupant in a building, such proportion of cost of the fixtures
equipment and fittings shall be included in the cost of construction of the premises as
bears proportion to the plinth area of such premises to the plinth area of that
building;
 
 (c) the cost of construction shall be the actual amount spent on
construction, and in a case where such amount cannot be ascertained, such cost
shall be determined as per the scheduled rates of the State Public Works
Department for cost of construction for similar construction for the year in which the
premises was constructed;
 
 (d) the market price of the land shall be the price for which the land was
bought as determined from the deed of sale registered under the Registration Act,
1908 (Central Act 16 of 1908), if construction commenced in the year of registration
or the land rates notified by the State Government or a local authority for the year in
which construction was commenced, whichever is higher;
 
 (e) the land comprised in the premises shall be the plinth area of the
building and such of the vacant land up to fifty per cent, of the plinth area as is
appurtenant thereto;
 
 (f) in a case where a premises forms part of a building having more than
one premises, such proportion of price of land forming part of such building shall be
taken to be the market price of the land comprised in the premises as is equal to the
proportion of the plinth area of such premises to the plinth area of that building;
 
 (g) notwithstanding anything contained in clauses (c) and (d), the cost of
construction and the market price of the land comprised in the premises purchased
from or allotted by the Government or a local authority shall be the aggregate amount
payable to such Government or the local authority for the premises:
 
Provided that the Controller may, for the purpose of arriving at, the cost of
construction and the market price of the land comprised in the premises, allow in
addition, subject to a maximum of thirty per cent of amount payable to the
Government or the local authority, to the amount so payable for any expenditure
incurred by the landlord or by the first or any subsequent purchaser or allottee for any
improvement, addition or structural alteration in the premises.
 
8. Other charges payable.- (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 as
specified in the Fourth Schedule or as agreed to between the landlord and the
tenant;
 
 (b) maintenance charges at the rate of ten per cent of the rent;
 

 
 (c) without prejudice to the liability of landlord to pay the property tax to the
local authority, the prorata property tax in relation to the premises.
 
Explanation.- For the purpose of calculating the monthly charges payable by the
tenant to the landlord towards the property tax, the amount paid or payable as
property tax for the immediately preceding year or the estimated tax payable shall
form the basis.
 
(2) The landlord shall be entitled to recover from the tenant the amount paid by
him towards charges for electricity or water consumed or other charges levied by a
local or other authority which is ordinarily payable by the tenant.
 
9. Revision of rent in certain cases.- (1) Where a landlord has at any time,
before the commencement of this Act with or without the approval of the tenant or
after the commencement of this Act with the written approval of the tenant incurred
expenditure for any improvement, addition or structural alteration in the premises, not
being expenditure on decoration or tenantable repairs necessary or usual for such
premises, and the cost of that improvement, addition or alteration has not been taken
into account in determining the rent of the premises, the landlord may lawfully
increase the rent per year by an amount not exceeding ten percent of such cost.
 
(2) Where, after the rent of a premises has been fixed under this Act, or agreed
upon, as the case may be, there has been a decrease, diminution or deterioration of
accommodation in such premises, the tenant may claim a reduction in the rent.
 
10. Notice of revision of rent.- (1) Where a landlord wishes to revise the rent
of any premises under sub-section (1) of section 9, he shall give the tenant a notice
of his intention to make the revision and, in so far as such revision is lawful under
this Act, it shall be due and recoverable from the date of improvement, addition or
structural alteration.
 
(2) Every notice under sub-section (1) shall be in writing signed by or on behalf
of the landlord and given in the manner provided in section 106 of the Transfer of
Property Act, 1882 (Central Act 4 of 1882).
 
11. Unlawful charges not to be claimed.- (1) It shall not be lawful for the
tenant or any other person acting or purporting to act on behalf of the tenant or a
sub-tenant to claim or receive any payment in consideration of the relinquishment,
transfer or assignment of his tenancy or sub-tenancy, as the case may be of any
premises.
 
(2) Nothing in this section shall apply,-
 
 (a) to any payment made in pursuance of an agreement entered into before
the commencement of this Act;
 
 (b) to any payment made under an agreement by any person to a landlord
for the purpose of financing the construction of the whole or part of any premises on
the land belonging to, or taken on lease by, the landlord if one of the conditions of
the agreement is that the landlord should let to that person the whole or part of the
premises when completed for the use of that person or any member of his family but
not exceeding the amount of agreed rent for a period of five years, for the whole or
part of the premises to be let to such person.
 
Explanation.- For the purpose of clause (b) of this sub-section, a member of the
family of a person means, in the case of an un-divided Hindu family, any member of
the joint family of that person and in the case of any other family, the husband, wife,
 

 
son, daughter, father, mother, brother, sister or any other relative dependent on that
person.
 
12. Controller to fix standard rent, etc.- (1) The Controller shall, on an
application made to him in this behalf, in the prescribed manner, fix in respect of any
premises,-
 
 (i) the deemed rent for the purpose of clause (e) of sub-section (3) of
section 2;
 
 (ii) the enhancement in rent in the manner provided in Third Schedule;
 
 (iii) the standard rent as per the provisions of section 7;
 
 (iv) the other charges payable as per the provisions of section 8; and
 
 (v) the revision in rent as per the provisions of section 9:
 
Provided that it shall not be permissible for the land lord to apply for the fixation
of standard rent as per the provisions of section 7 in the case of a tenancy entered
into after the commencement of this Act.
 
(2) In working out the cost of construction of any premises or the market price of
land comprised in such premises for the purposes of section 7 or the expenditure in-
curred for any improvement, addition or structural alteration or the decrease,
diminution or deterioration of accommodation in a premises for the purpose of
section 9, the Controller may take the assistance of a prescribed valuer who shall
carry out the assessment in the manner prescribed.
 
(3) In fixing the standard rent of any premises or the lawful increase or
decrease of the rent or determining the other charges payable, the Controller shall fix
or determine an amount which appears to him to be reasonable having regard to the
provisions of section 7 or section 8 or section 9 and other circumstances of the case.
 
(4) In fixing the standard rent of any premises part of which has been lawfully
sub-let, the Controller may also fix the standard rent of such part sub-let.
 
(5) Where for any reason it is not possible to determine the standard rent of any
premises on the principles set forth in section 7, the Controller may fix such rent as
would be reasonable having regard to the situation, locality and condition of the
premises and the amenities provided therein, and where there are similar or nearly
similar premises in the locality, having regard also to the rent payable in respect of
such premises.
 
(6) The standard rent shall in all cases be fixed for a tenancy of twelve months:
 
Provided that where any premises are let or re-let for a period of less than twelve
months, the standard rent for such tenancy shall bear the same proportion to the
annual rent as the period of tenancy bears of twelve months.
 
(7) In fixing the standard rent of any premises under this section, the Controller
shall fix the standard rent thereof in an unfurnished state and may also determine an
additional charge to be payable on account of any fittings or furniture supplied by the
landlord and it shall be lawful for the landlord to recover such additional charge from
the tenant.
 
(8) In fixing the standard rent or lawful increase or decrease of rent or
determining the other charges payable in respect of any premises under this section,
the Controller shall specify a date from which the amount, so fixed shall be deemed
to have effect:
 

 
Provided that, in no case the date so specified shall be earlier than the date of
filing of the application for the increase or decrease of the standard rent:
 
Provided further that if 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.
 
(9) The Controller may, while fixing standard rent or lawful increase or decrease
in rent or other charges payable, order for payment of the arrears of amount due by
the tenant to the landlord in such number of instalments as he deems proper.
 
13. Fixation of interim rent.- When an application for fixing the standard rent
or for determining the lawful increase or decrease of such rent and other charges
payable is made under section 12, the Controller shall, as expeditiously as possible,
make an order specifying the amount of the rent and other charges payable or the
lawful increase to be paid by the tenant to the landlord pending final decision on the
application and shall specify the date from which the rent and other charges payable
or lawful increase so specified shall be deemed to have effect.
 
14. Limitation for application for fixation of standard rent etc.- Any landlord
or tenant may file an application to the Controller for fixing the standard rent and
other charges of the premises or for determining the lawful increase or decrease of
such rent and other charges:-
 
(a) in the case of any premises which were let, or in which the cause of action
for lawful increase or decrease of rent and other charges arose, before the
commencement of this Act, within two years from such commencement.
 
(b) in the case of any premises in which the cause of action for lawful increase
or decrease of rent and other charges arises after the commencement of this Act,
within two years from the date on which the cause of action arises.
 
(c) in the case of any premises constructed on or after the commencement of
this Act and for which the provisions of the Act are made applicable by virtue of sub-
section (4) of section 2, within two years from the date of such application:
 
Provided that the Controller may entertain the application after the expiry of the
said period of two years, if he is satisfied that the applicant was prevented by
sufficient cause from filing the application in time.
 
15. Refund of rent, premium, etc.,.- Where any sum or other consideration
has been paid, whether before or after the commencement of this Act, by or on
behalf 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 the
date of such payment, order the landlord to refund such sum or the value of such
consideration to the tenant or order adjustment of such sum or the value of such
consideration against the rent payable by the tenant.
 
16. Receipt to be given for rent and other charges paid.- (1) Every tenant
shall pay rent and other charges payable within the time fixed by contract or in the
absence of such stipulation, by the fifteenth day of the month next following the
month for which it is payable and where any default occurs in the payment of rent or
other charges, the tenant shall be liable to pay simple interest at the rate of twelve
per cent per annum from the date on which it becomes payable.
 
(2) Every tenant who makes payment of rent or other charges payable or
advance towards such rent or other charges to his landlord shall be entitled, to obtain
 

 
forthwith from the landlord or his authorised agent a written receipt for the amount
paid to him, signed by the landlord or his authorised agent:
 
Provided that it shall be open to the tenant to remit the rent or other charges to
his landlord by postal money order.
 
(3) If the landlord or his authorised agent refuses or neglects to pass to the
tenant the receipt referred to in sub-section (2), the Controller may, on an application
made to him in this behalf by the tenant within two months from the date of payment
and after hearing the landlord or his authorised agent, by order direct the landlord
or his authorised agent to pay to the tenant, by way of damages, such sum not
exceeding double the amount of rent or other charges paid by the tenant and the
costs of the application and shall also grant a certificate to the tenant in respect of the
rent or other charges paid.
 
(4) If the landlord or his authorised agent refuses to accept or evades
acceptance of receipt of rent or other charges payable to him, the tenant may, by
notice in writing, ask the landlord to furnish him the particulars of his bank account in
a bank in the place where the premises is situate into which the tenant may deposit
the rent and other charges payable to the credit of the landlord.
 
(5) If the 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.
 
(6) If the landlord does not furnish the particulars of the bank account under
sub-section (4), the tenant shall remit the rent and the other charges payable to the
landlord from time to time through postal money order after deducting the postal
charges.
 
CHAPTER III
 
DEPOSIT OF RENT
 
17. Deposit of rent and other charges by the tenant.- (1) Where the landlord
does not accept any rent and other charges tendered by the tenant within the time
and the manner referred to in section 16 or refuses or neglects to deliver a receipt
referred to therein, or where there is a bonafide doubt as to the person or persons to
whom the rent and other charges are payable, the tenant may deposit such rent and
other charges with the Controller in the prescribed manner.
 
(2) The deposit shall be accompanied by an application by the tenant containing
the following particulars, namely:-
 
 (a) the premises for which the rent and other charges deposited with a
description sufficient for identifying the premises;
 
 (b) the period for which the rent and other charges are deposited;
 
 (c) the name and address of the landlord or the person or persons claiming
to be entitled to such rent and other charges;
 
 (d) the reasons and circumstance for which the application for depositing
the rent is made;
 
 (e) such other particulars as may be prescribed.
 
(3) On deposit of the rent and other charges being made, the Controller shall
send, in the prescribed manner, a copy of the application to the landlord or persons
claiming to be entitled to the rent and other charges with an endorsement of the date
of the deposit.
 

 
(4) If an application is made for the withdrawal of any deposit of rent and other
charges, the Controller shall, if satisfied that the applicant is the person entitled to
receive the rent and other charges deposited, order the amount of the rent and other
charges to be paid to him in the manner prescribed:
 
Provided that no order for payment of any deposit of rent and other charges shall
be made by the Controller under this sub-section without giving all persons named by
the tenant in his application under sub-section (2) as claiming to be entitled to
payment of such rent and other charges an opportunity of being heard and such
order shall be without prejudice to the rights of such persons to receive such rent and
other charges being decided by a court of competent jurisdiction.
 
(5) If, at the time of filing the application under sub-section (4), but not after the
expiry of thirty days from receiving the notice of deposit, the landlord or the person or
persons claiming to be entitled to the rent and other charges complains or complain
to the Controller that the statements in the tenant’s application of the reasons and
circumstances which led him to deposit the rent and other charges are untrue, the
Controller, after giving the tenant an opportunity of being heard, may levy on the
tenant a fine which may extend to an amount equal to two months rent and other
charges, if the Controller is satisfied that the said statements were materially untrue
and may order that the fine realised or any part thereof be paid to the landlord as
compensation.
 
(6) The Controller may, on the complaint of the tenant and after giving an
opportunity of being heard, to the land lord levy on the landlord a penalty which may
extend to an amount equal to two months rent, if the Controller is satisfied that the
landlord, without any reasonable cause, refused to accept rent though tendered to
him within the time referred to in sub-section (1) of section 16 and may further order
that the penalty realised or any part thereof be paid to the tenant as compensation.
 
18. Time limit for making deposit and consequence of incorrect particulars
in application for deposit.- (1) No rent and other charges deposited under section
17 shall be considered to have been validly deposited under that section, unless the
deposit is made within twenty-one days of the time referred to in section 16 for
payment of the rent and other charges.
 
(2) No such deposit shall be considered to be validly made, if the tenant wilfully
makes any false statement in his application for depositing the rent and other
charges, unless the landlord has withdrawn the amount deposited before the date of
filing an application for the recovery of possession of the premises from the tenant.
 
(3) If the rent and other charges is deposited within the time mentioned in sub-
section (1) and does not cease to be a valid deposit for the reason mentioned in sub-
section (2), the deposit shall constitute payment of rent and other charges to the
landlord, as if the amount deposited had been validly tendered.
 
19. Saving as to acceptance of rent and other charges and forfeiture of
rent in deposit.- (1) The withdrawal of rent and other charges deposited under
section 17 in the manner provided therein shall not operate as an admission against
the person with-drawing of the correctness of the rate of rent and other charges, the
period of default, the amount due, or of any other facts stated in the tenant’s
application for depositing the rent and other charges under the said section.
 
(2) Any rent and other charges in deposit which is not withdrawn by the landlord
or by the person or persons entitled to receive such rent shall except in cases where
there is bonafide dispute of title be forfeited to Government by an order made by the
 

 
Controller, if it is not withdrawn before the expiration of five years from the date of
posting of the notice of deposit.
 
(3) Before passing an order of forfeiture, the controller shall give notice to the
landlord or the person or persons entitled to receive the rent and other charges in
deposit by registered post at the last known address of such landlord or person or
persons and shall also publish the notice in his office and in any local newspaper.
 
CHAPTER IV
 
Registration of Middlemen or Estate Agents
 
20. Registration of Middlemen or Estate Agents.- (1) Every Middleman or
Estate Agent by whatever name called who is engaged in brokerage of houses shall
register his name with the Controller of the area in which he is so engaged in such
manner and within such period and on payment of such fee, as may be prescribed.
 
(2) A middleman or Estate Agent shall be entitled for commission at such rate
as may be prescribed.
 
(3) Every Middleman or Estate Agent shall renew his registration within such
time and on payment of such fee as may be prescribed.
 
21. Middlemen or Estate Agents to file information and returns.- (1) Every
middleman or Estate Agent carrying on business in any area from prior to the date of
application of this chapter to that area, shall within thirty days from the date of
application of this part submit to the Controller, a statement in the prescribed form
showing his name, place of business and area of activity.
 
(2) Every Middleman or Estate Agent shall within ten days from the last day of
each quarter of every calendar year file return in such form and in such manner as
may be prescribed, to the Controller giving details of every transaction handled by
him during the quarter, and the brokerage or commission received by him in each
case.
 
22. Limitation of liability of middleman.- No Middleman or Estate Agent shall
be liable to pay to his principal in respect of any premises any sum by way of rental
charges which exceeds the amount which he is entitled to receive under this Act,
from the tenant or tenants of the premises.
 
CHAPTER V
 
controllers, their powers and procedure
 
23. Appointment of Controllers.- (1) The State Government may, by
notification in the Official Gazette, appoint as many Controllers as it thinks fit, and
define the local limits within which, each Controller shall exercise the powers
conferred or perform the duties imposed on Controllers by or under this Act.
 
(2) A person shall not be qualified for appointment as a Controller,
 
 (i) in any area referred to in Part A of the First Schedule unless he has for
at least five years held office as Assistant Commissioner;
 
 (ii) in any area referred to in Part B of the First Schedule unless he has for
atleast five years held office as a Senior Tahsildar; and
 
 (iii) in any other area unless he has for atleast three years held office as a
Tahsildar, in the Revenue Service of the State.
 
24. Powers of Controller.- (1) The Controller shall have the same powers as
are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of
1908), in respect of the following matters, namely:-
 

 
 (a) proof of facts by affidavit;
 
 (b) summoning and enforcing attendance of any person and examining him
on oath;
 
 (c) discovery and production of documents;
 
 (d) issuing commission for local inspection and for the examination of
witnesses.
 
(2) For the purposes of holding an enquiry or discharging any duty under this
Act, the Controller may,-
 
 (a) after giving not less than twenty-four hours, notice in writing enter and
inspect or authorise any officer subordinate to him to enter and inspect any premises
at any time between sunrise and sunset; or
 
 (b) by written order, require any person to produce for his inspection all
such accounts books or other documents relevant to the inquiry at such time and at
such place as may be specified in the order.
 
(3) The Controller may, if he thinks fit, appoint one or more persons having
special knowledge of the matter under consideration as an assessor to advice him in
the proceeding before him.
 
25. Procedure to be followed by Controller and time limit for deciding
cases generally.- (1) No order which prejudicially affects any person shall be made
by the Controller under this Act without giving such person a reasonable opportunity
of showing cause against the order proposed to be made, and until his objection, if
any, and any evidence that may be adduced in support of the same have been con-
sidered by the Controller.
 
(2) The Controller shall, while holding enquiry in any proceeding before him,
follow such procedure as may be prescribed.
 
(3) All proceedings before the Controller shall ordinarily conclude within six
months from the date of first appearance of the Respondent in response to the
summons issued for his appearance in the case, or from the date on which the
respondent is set experte:
 
Provided that the Controller may extend the hearing of the case beyond six
months for reasons to be recorded by him on each day of hearing.
 
(4) In the case of an application under section 49, the controller shall
commence the hearing of the application within seven days of the filing thereof and
shall dispose off the same as per may be possible within thirty days of start of such
hearing, unless for reasons to be recorded the controller adjourns the case beyond
such time.
 
26. Appeal.- Any person aggrieved by an order passed by the Controller under
the provisions of chapters II, III or IV may within thirty days from the date thereof,
appeal,-
 
(i) to the Deputy Commissioner when the officer passing the order is an officer
not below the rank of an Assistant Commissioner; and
 
(ii) to the Assistant Commissioner in any other case,and the appellate authority
may pass such order in appeal as it deems fit.
 
 
 
 
 

 
CHAPTER VI
 
REGULATION OF EVICTION
 
27. Protection of tenants against eviction.- (1) Notwithstanding anything to
the contrary contained in any other law or contract, no order or decree for the
recovery of possession of any premises shall be made by the Court, District Judge or
High Court in favour of the landlord against a tenant, save as provided in sub-section
(2).
 
(2) The Court may, on an application made to it in the prescribed manner,
make an order for the recovery of possession of the premises on one or more of the
following grounds only, namely:-
 
 (a) that the tenant has neither paid nor tendered the whole of the arrears of
the rent and other charges legally recoverable from him within two months from the
date on which a notice of demand for payment of has been served on him by the
landlord in the manner provided in section 106 of the Transfer of Property Act, 1882
(Central Act 4 of 1882):
 
Provided that a tenant shall not be entitled to the benefit of service of notice by
the landlord under this clause where, having obtained such benefit once in respect of
any premises, he again makes a default in the payment of rent and other charges
payable in respect of those premises:
 
Provided further that where in a proceeding for eviction of a tenant on the ground
specified in this clause, the tenant is to be evicted, the Court shall make an order
directing the tenant to vacate the premises unless he pays to the landlord or deposits
into Court within one month of the date of order, an amount calculated at the rate at
which it was last paid, for the period for which the arrears of rent and other charges
were legally recoverable from him, including the period subsequent thereto up to the
end of the month previous to that in which payment or deposit is made;
 
 (b) that the tenant has,-
 
 (i) on or after the date of application of Part V of the Karnataka Rent
Control Act, 1961 (Karnataka Act 32 of 1961) to the local area in
relation to the premises, but before the date of application of this
Chapter to such local area; or
 
 (ii) after the commencement of this Act without the consent in writing of
the landlord,
 
sub-let, assigned or otherwise parted with the possession of the whole or any part of
the premises ;
 
 (c) that the tenant has used the premises for a purpose other than that for
which they were let, without obtaining the consent in writing of the landlord:
 
Provided that no application for recovery of possession of any premises shall lie
on this ground unless the landlord has given to the tenant a notice by registered post
served personally on him requiring him to stop the misuse of the premises and the
tenant has refused or failed to comply with such requirement within one month of the
date of service of the notice and no order for eviction against the tenant shall be
made in such a case, unless the Court is satisfied that the misuse of the premises is
of such a nature that it is a public nuisance or that it causes damage to the interest of
the landlord;
 
 (d) that the premises were let and,-
 

 
 (i) the tenant or any member of his family has been in occupation thereof
for a period of six months;
 
 (ii) the tenant has not been occupation thereof, without a reasonable
cause for a period of two years,
 
immediately before the date of the filing of the application for the recovery of
possession thereof:
 
Provided that the landlord may, on request in writing of the tenant, permit
occupancy of the premises by a person other than the tenant or his family not
exceeding the period of tenancy.
 
Explanation.- For the purposes of this clause and clause (r), "family" means
parents, spouse, dependent sons and daughters or such other relatives as are
ordinarily living with the tenant and are dependent upon him;
 
 (e) that the premises or any part thereof have become unsafe or unfit for
human habitation and are required by the landlord for carrying out repairs or re-
construction which cannot be carried out without the premises being vacated:
 
Provided that no order for the recovery of possession under this clause, or
clauses (g), (h) or (i) shall be made unless the Court is satisfied that the plans and
estimates of such repairs or re-construction, as the case may be, have been properly
prepared and that the landlord has the necessary means to carry out the said repairs
or re-construction:
 
Provided further that if the landlord proposes to change the use of the premises
after re-construction, then, he shall so specify in his application for recovery of
possession and, after such re-construction, the landlord shall, if it is otherwise
permissible under law, utilize the built up area equal to the previous area for the
original use to the extent required for the purpose of sub-section (1) of section 35 and
the rest for any other use;
 
 (f) that the premises or any part thereof are required by the landlord for the
purpose of immediate demolition ordered by the Government or any local authority or
the premises are required by the landlord to carry out any building work at the
instance of the Government or a local authority in pursuance of any improvement
scheme or development scheme and that such building work cannot be carried out
without the premises being vacated;
 
 (g) that the premises or any part thereof are required by the landlord for
carrying out any repairs which cannot be carried out without the premises being
vacated;
 
 (h) that the premises are required by the landlord for the purpose of building
or re-building or make thereto any substantial addition or alteration including
construction on the terrace of the premises or on the appurtenant land and that such
building or re-building or addition or alteration cannot be carried out without the
premises being vacated;
 
 (i) that the premises consist of not more than two floors and the same are
required by the landlord for the purpose of immediate demolition with a view to re-
build the same:
 
Provided that where the building of which such premises or premises possession
in respect of which has been recovered under clause (e), clause (f), clause (g) or
clause (h) forms a part has been re-built to an extent of less than seventy-five per
cent, a tenant so dispossessed shall have a right to re-entry at the new terms of
 

 
tenancy in the premises in the re-built building equivalent in area to the original
premises for which he was a tenant;
 
 (j) that the tenant, his spouse or a dependent son or daughter ordinarily
living with him has whether before or after the commencement of this Act, built or
acquired vacant possession of or been allotted a residence or as the case may be a
commercial premises :
 
Provided that the Court may in appropriate cases allow the tenant to vacate the
premises within such period as he may permit but not exceeding one year from the
date of passing of the order of eviction;
 
 (k) that the premises were let to the tenant for use as a residence by reason
of his being in the service or employment of the landlord, and that the tenant has
ceased, whether before or after the commencement of this Act, to be in such service
or employment:
 
Provided that no order for the recovery of possession of any premises shall be
made on this ground if the Court is of the opinion that there is any bonafide dispute
as to whether the tenant has ceased to be in the service or employment of the
landlord;
 
 (l) that the tenant has, whether before or after the commencement of this
Act, caused or permitted to be caused substantial damage to, or such alteration of,
the premises as has the effect of changing its identity or diminishing its value.
 
Explanation.- For the purposes of this clause, "substantial damage" shall mean
such damage as shall involve an expenditure equivalent to six months rent or more
of the premises or such less expenditure as the Court is satisfied keeping in view, the
special nature of damage, justifies the same to be treated as substantial damage for
carrying out the repairs for such damage:
 
Provided that no order for the recovery of possession of any premises shall be
made on the ground specified in this clause, if the tenant, within such time as may be
specified in this behalf by the Court, carries out repairs to the damage caused to the
satisfaction of the Court or pays to the landlord such amount by way of compensation
as the Court may direct;
 
 (m) that the tenant or any person residing or carrying on business with the
tenant has been convicted of causing nuisance or annoyance to a person living in the
neighbourhood of the premises or has been convicted of using or allowing the use of
the premises for an immoral or illegal purpose;
 
 (n) that the tenant has, notwithstanding previous notice, used or dealt
with the premises in a manner contrary to any condition imposed on the landlord by
the Government or the Local Authority while giving him a lease of the land on which
the premises are situate:
 
Provided that no order for the recovery of possession of any premises shall be
made on this ground if the tenant, within such time as may be specified in this behalf
by the Court, complies with the condition imposed on the landlord by any of the
authorities referred to in this clause or pays to the authority imposing such conditions
the amount by way of compensation as the Court may direct;
 
 (o) that the tenant in his reply having denied the ownership of landlord, has
failed to prove it or that such denial was not made in a bonafide manner;
 
 (p) that the person in occupation of the premises has failed to prove that he
is a bonafide tenant;
 

 
 (q) that the tenant after having agreed with or having informed the landlord
in writing the date to vacate the premises does not do so on or after the date so
agreed or informed;
 
 (r) that the premises let are required, whether in the same form or after re-
construction or re-building, by the landlord for occupation for himself or for any
member of his family if he is the owner thereof, or for any person for whose benefit
the premises are held and that the landlord or such person has no other reasonably
suitable accommodation:
 
Provided that where the landlord has acquired the premises by transfer, no
application for the recovery of possession of such premises shall lie under this clause
unless a period of one year has elapsed from the date of the acquisition:
 
Explanation-I.- For the purposes of this clause and sections 28 to 31,-
 
 (i) where the landlord in his application supported by an affidavit submits
that the premises are required by him for occupation for himself or for any member of
his family dependent on him, the Court shall presume that the premises are so
required;
 
 (ii) premises let for a particular use may be required by the landlord for a
different use if such use is permissible under law.
 
Explanation-II.- For the purposes of this clause and sections 28 to 31 an
occupation by the landlord of any part of a building of which any premises let out by
him forms a part shall not disentile him to recover the possession of such premises.
 
Explanation-III.- For the purposes of this clause, and sections 28 to 31 “owner
of the premises” includes a person who has been allotted such premises by the
Bangalore Development Authority or any other local authority by way of an
agreement of hire-purchase, lease or sub-lease, even before the full ownership rights
accrue to such hire-purchaser, lessee or sub-lessee, as the case may be;
 
 (s) that where the landlord is a trustee of any Public Charitable trust, the
premises are required for occupation for the purpose of the trust;
 
(3) In any proceeding for eviction under clause (e), (f), (g), (h) or (r) of sub-
section (2) or sections 28 to 31 the Court may allow eviction from only a part of the
premises if the landlord is agreeable to the same :
 
Provided that, in case of such part-eviction, the rent and other charges payable
by the tenant shall be decreased in proportion to the part vacated.
 
(4) No order for the recovery of possession in any proceeding under sub-
section (2) shall be binding on any sub-tenant referred to in section 33 who has given
notice of his sub-tenancy to the landlord under the provision of that section, unless
the sub-tenant is made a party to the proceeding and the order for eviction is made
binding on him.
 
28. Right to recover immediate possession of premises to accrue to
certain persons.- (1) Where a landlord who being a person in occupation of any
premises allotted to him by the Government or any local authority is required, by, or
in pursuance of, any general or special order made by that Government or authority,
to vacate such premises or in default, to incur certain obligations, on the ground that
he owns, in the local area, where he normally resides or carrying on business, an
accommodation either in his own name or in the name of his wife or dependent child,
there shall accrue, on and from the date of such order, to such landlord,
notwithstanding anything contained elsewhere in this Act or in any other law for the
 

 
time being in force or in any contract (whether express or implied), custom or
usage to the contrary, a right to recover immediate possession of any premises let
out by him :
 
Provided that nothing in this section shall be construed as conferring a right on a
landlord owning, in the local area where he normally resides two or more premises,
whether in his own name or in the name of his wife or dependent child, to recover the
possession of more than one premises and it shall be lawful for such landlord to
indicate the premises, possession of which he intends to recover.
 
Explanation.- For the purpose of this section and sections 29, 30 and 31
‘immediate possession’ shall mean possession recoverable on the expiry of sixty
days from the date of order of eviction.
 
(2) Where the landlord exercises the right of recovery conferred on him by sub-
section (1), or sections 27, 29, 30 or 31 and he had received,-
 
 (a) any rent in advance from the tenant, he shall, within a period of ninety
days from the date of recovery of possession of the premises by him, refund to the
tenant such amount as represents the rent payable for the unexpired portion of the
lease ;
 
 (b) any other payment, he shall, within the period aforesaid, refund to the
tenant a sum which shall bear the same proportion to the total amount so received,
as the unexpired portion of the contract or agreement, lease bears to the total period
of contract or agreement or lease:
 
Provided that, if any default is made in making any refund as aforesaid, the
landlord shall be liable to pay simple interest at the rate of twelve per cent, per
annum on the amount which he has omitted or failed to refund.
 
29. Right to recover immediate possession of premises to accrue to
members of the armed forces, etc.- (1) Where the landlord,-
 
 (a) is a released or retired person from any armed forces and the premises
let out by him his spouse or his dependent son or daughter are required
for his own use; or
 
 (b) is a dependent of a member of any armed forces who had been killed in
action and the premises let out by such member are required for the use
of the family of such member,
 
such person his spouse or his dependent son or daughter, as the case may be, may,
within one year from the date of his release or retirement from such armed forces or,
as the case may be, the date of death of such member, or within a period of one year
from the date of commencement of this Act, whichever is later, apply to the Court
for recovering the immediate possession of such premises.
 
(2) Where the landlord is a member of any of the armed forces and has a period
of less than one year preceding the date of his retirement and the premises let out by
him his spouse or his dependent son or daughter are required 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 Court for recovering immediate possession of such premises.
 
(3) Where the landlord referred to in sub-section (1) or sub-section (2) has let
out more than one premises, it shall be open to him his spouse or his dependent son
or daughter to make an application under that sub-section in respect of only one of
the premises chosen by him.
 

 
Explanation.- For the purposes of this section, "armed forces" means an armed
force of the Union constituted under an Act of Parliament and includes a member of
the police force constituted under the Karnataka Police Act, 1963.
 
30. Right to recover immediate possession of premises to accrue to
employee of State or Central Government.- (1) Where the landlord is a retired
employee of the State or Central Government, and the premises 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 of this Act, whichever is later, apply to the
Court for recovering immediate possession of such premises.
 
(2) 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
premises let out by him, his spouse or his dependent son or daughter are 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 Court for recovering immediate
possession of such premises.
 
(3) Where the landlord, his spouse or his dependent son or daughter referred to
in sub-section (1) or sub-section (2) has let out more than one premises, 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.
 
31. Right to recover immediate possession of premises to accrue to a
widow.- (1) Where the landlord is,-
 
 (a) a widow and the premises let out by her, or by her husband;
 
 (b) a handicapped person and the premises let out by him;
 
 (c) a person who is of the age of sixty-five years or more and the premises
let out by him,
 
is required for use by her or him or for her or his family or for any one for ordinarily
living with her or him for use, she or he may apply to the Court for recovery of
immediate possession of such premises.
 
(2) Where the landlord referred to in sub-section (1) has let out more than one
premises, it shall be open to him to make an application under that sub-section in
respect of any one residential and one non-residential premises each chosen by him.
 
Explanation-I.- For the purposes this section, “handicapped person” shall mean
a person who is as if being an assessee entitled for the time being to the benefits of
deduction under section 80U of the Income Tax Act, 1961 (Central Act 48 of 1961).
 
Explanation-II.- The right to recover possession under this section shall be
exercisable only once in respect of each for residential and for non-residential use.
 
32. Restriction on sub-letting.- (1) Where, at any time before the date of
application of Part V of the Karnataka Rent Control Act, 1961 (Karnataka Act 32 of
1961) to the local area in relation to the premises, a tenant has sub-let the whole or
any part of the premises and the sub-tenant is, at the commencement of this Act, in
occupation of such premises, then, notwithstanding that the consent of the land lord
was not obtained for such sub-letting the premises shall be deemed to have been
lawfully sub-let.
 
(2) After the commencement of this Act, no tenant shall, without the previous
consent in writing of the landlord,-
 

 
 (a) sub-let the whole or any part of the premises held by him as a tenant;
or
 
 (b) transfer or assign his rights in the tenancy or in any part thereof.
 
(3) No landlord shall claim or receive the payment of any sum as premium or
pugree or claim or receive any consideration whatsoever in cash or in kind for giving
his consent to the sub-letting of the whole or any part of the premises held by the
tenant.
 
33. Notice of creation and termination of sub-tenancy.- (1) Where after the
commencement of this Act, any premises are sub-let either in whole or in part by the
tenant with the previous consent in writing of the landlord, the tenant or the sub-
tenant to whom the premises are sub-let may, in the prescribed manner, give notice
to the landlord of the creation of the sub-tenancy within one month of the date of
such sub-letting and notify the termination of such sub-tenancy within one month of
such termination.
 
(2) Where, before the commencement of this Act, any premises have been
lawfully sub-let either in whole or in part by the tenant, the tenant or the sub-tenant to
whom the premises have been sub-let may, in the prescribed manner, give notice to
the landlord of the creation of the sub-tenancy within six months of the
commencement of this Act, and notify the termination of such sub-tenancy within one
month of such termination.
 
34. Sub-tenant to be tenant in certain cases.- (1) Where an order for eviction
in respect of any premises is made under section 27 against a tenant but not against
a sub-tenant referred to in section 32 and a notice of the sub-tenancy has been given
to the land-lord, the sub-tenant shall, with effect from the date of the order, be
deemed to become a tenant holding directly under the landlord in respect of the
premises in his occupation on the same terms and conditions on which the tenant
would have held from the landlord, if the tenancy had continued.
 
35. Recovery of possession for occupation and re-entry.- Where a land-lord
recovers possession of any premises from the tenant in pursuance of an order made
under clause (f) of sub-section (2) of section 27, or under sections 28, 29, 30, 31 or
37 the land lord shall not, except with the permission of the Court obtained in the
prescribed manner, re-let the whole or any part of the premises within three years
from the date of obtaining such possession, and in granting such permission, the
Court may direct the landlord or unless the tenant waives the right put such evicted
tenant in possession of the premises:
 
Provided that where a landlord recovers possession of any premises from the
tenant in pursuance of an order made under clause (r) of sub-section (2) of section
27 for occupation after re-construction or re-building, the period of three years shall
be reckoned from the date of completion of re-construction or re-building, as the case
may be.
 
(2) Where a landlord recovers possession of any premises as aforesaid and
the premises are not occupied by the landlord or by the person for whose benefit the
premises are held, within two months of obtaining such possession, or the premises
having been so occupied are, at any time within three years from the date of
obtaining possession, re-let to any person other than the evicted tenant without
obtaining the permission of the Court under sub-section (1) or the possession of such
premises is transferred to another person for reasons which do not appear to the
Court to be bonafide, the Court may, on an application made to him in this behalf by
 

 
such evicted tenant within such time as may be prescribed, direct the landlord to put
the tenant in possession of the premises or to pay him such compensation as the
Court thinks fit.
 
36. Recovery of possession for repairs and re-building and re-entry.- (1) In
making any order on the grounds specified in clauses (h) or (i) of sub-section (2) of
section 27 or of sections 28, 29,30,31 or 37 the Court shall unless the landlord has
obtained permission for conversion of user of the premises after re-building and
repair, for a commercial purpose ascertain from the tenant whether he elects to be
placed in occupation of the premises or part thereof from which he is to be evicted
and if the tenant so elects, shall record the fact of these election in the order and
specify therein the date on or before which he shall deliver possession so as to
enable the landlord to commence the work of repairs or building or re-building, as the
case may be, and the date before which the landlord shall deliver the possession of
the said premises.
 
(2) If the tenant delivers possession on or before the date specified in the order,
the landlord shall, on the completion of the work of repairs or building or re-building,
place the tenant in occupation of the premises or part thereof before the date
specified in sub-section (1) or such extended date as may be specified by the Court
by an order.
 
(3) If, after the tenant has delivered possession on or before the date specified
in the order, the landlord fails to commence the work or repairs or re-building within
one month of the specified date or fails to complete the work in a reasonable time or
having completed the work, fails to place the tenant in occupation of the premises in
accordance with sub-section (2), the Court may, on an application made to him in this
behalf by the tenant within such time as may be prescribed, order the landlord to
place the tenant in occupation of the premises or part thereof or to pay to the tenant
such compensation being an amount not less than three times of the standard rent of
that premises as the Court thinks fit.
 
37. Recovery of possession in case of tenancies for limited period.- (1)
Where a landlord does not require the whole or any part of any premises for a
particular period, and the landlord, after obtaining the permission of the Court in the
prescribed manner, let the whole of the premises or part thereof for such period as
may be agreed to in writing between the landlord and the tenant and the tenant does
not, on the expiry of the said period, vacate such premises, then, notwithstanding
anything contained in section 27 or in any other law, the Court may, on an application
made to him in this behalf by the landlord within such time as may be prescribed,
place the landlord in vacant possession of the premises or part thereof by evicting
the tenant and every other person who may be in occupation of such premises.
 
(2) The Court shall not,-
 
 (i) grant permission under sub-section (1) in relation to a premises
consecutively more than two times except for good and sufficient reasons to be
recorded in writing.
 
Explanation.- A permission granted under sub-section (1) shall not be construed
to be consecutive, if a period of five years or more has elapsed after the expiry of the
last limited period tenancy;
 
 (ii) entertain any application from the tenant calling in question the
bonafides of the landlord in letting the premises under this section.
 

 
(3) All applications made before the Court and revision made before the District
Judge or the High Court by the tenant shall abate on the expiry of the period for
which permission has been granted under sub-section (1).
 
(4) While making an order under sub-section (1), the Court may award to the
landlord damages for the use or occupation of the premises at double the last rent
paid by the tenant together with interest at the rate of fifteen per cent per annum for
the period from the date of such order till the date of actual vacation by the tenant.
 
38. Special provision for recovery of possession in certain cases.- Where
the landlord in respect of any premises is any company or other body corporate or
any public institution then, notwithstanding anything contained in section 27 or in any
other law, the Court may, on an application made to it in this behalf by such landlord,
place the landlord in vacant possession of such premises by evicting the tenant and
every other person who may be in occupation thereof, if the Court is satisfied:-
 
(a) that the tenant to whom such premises were let for use as a residence at a
time when he was in the service or employment of the land lord, has ceased to be in
such service or employment; or
 
(b) that the tenant has acted in contravention of the terms, express or implied,
under which he was authorised to occupy such premises; or
 
(c) that any other person is in unauthorised occupation of such premises; or
 
(d) that the premises are required bonafide by the public institution for the
furtherence of its activities.
 
Explanation.- For the purposes of this section "Public institutions" does not
include any such institutions set up by a Private Trust.
 
39. Permission to construct additional structures.- Where the landlord
proposes to make any improvement, in or construct any additional structure on, any
building, which has been let to a tenant and the tenant refuses to allow the landlord
to make such improvement or construct such additional structure and the Court, on
an application made to it in this behalf by the landlord, is satisfied that the landlord is
ready and willing to commence the work and that such work will not cause any undue
hardship to the tenant, the Court may permit the landlord to do such work and may
make such other order as it thinks fit in the circumstances of the case.
 
40. Special provision regarding vacant building sites.- Notwithstanding
anything contained in section 27 where any premises let comprise of vacant land
upon which it is permissible under the building regulations or municipal bye-laws, for
the time being in force, to erect any building, whether for use as a residence or for
any other purpose and the landlord proposing to erect such building is unable to
obtain possession of the land from the tenant by agreement with him and the Court,
on an application made to it in this behalf by the landlord, is satisfied that the landlord
is ready and willing to commence the work and that the severance of the vacant land
from the rest of the premises will not cause undue hardship to the tenant, the Court
may,-
 
(a) direct such severance;
 
(b) place the landlord in possession of the vacant land;
 
(c) refer the case to the Controller to determine the rent payable by the tenant
in respect of the rest of the premises; and
 
(d) make such other order as it thinks fit in the circumstances of the case.
 

 
41. Vacant possession to landlord.- Notwithstanding anything contained in
any other law, where the interest of a tenant in any premises is determined for any
reason whatever and an order is made by the Court under this Act for the recovery
of possession of such premises, the order shall subject to the provisions of section
34, be binding on all persons who may be in occupation of the premises and vacant
possession thereof shall be given to the landlord by evicting all such persons
therefrom:
 
 Provided that nothing in this section shall apply to any person who has an
independent title to such premises.
 
 42. Procedure to be followed by the Court.- (1) No order which prejudicially
affects any person shall be made by the Court under this Act without giving him a
reasonable opportunity of showing cause against the order proposed to be made and
until his objections, if any, and any evidence he may produce in support of the same
have been considered by the Court.
 
(2) Subject to any rules that may be made under this Act and the other
provisions of this Act, the Court shall, while holding an inquiry in any proceeding
before it, follow as far as may be the practice and procedure of a Court of Small
Causes, including recording of evidence.
 
(3) The Court shall not ordinarily allow more than three adjournments at the
request of a party throughout the proceedings and in case it decides otherwise it
shall record its reasons therefor and order to pay the other party reasonable cost of
adjournment.
 
(4) The Court shall, in addition to, and simultaneously with the issue of
summons for personal service on the opposite party, also direct the summons to
be served by registered post acknowledgement due, addressed to the opposite
party or his agent empowered to accept the service at the place where the opposite
party or his agent actually and voluntarily resides or carries on business or personally
works for gain and may, if the circumstances of the case so require, also direct the
publication of the summons in a newspaper circulating in the locality in which the
opposite party is last known to have resided or carried on business or personally
worked for gain.
 
(5) When an acknowledgement purporting to be signed by the opposite party or
his agent is received by the Court or the registered article containing the summons is
received back with an endorsement purporting to have been made by a postal
employee that the addressee had refused to take delivery of the registered article,
the Court may declare that there has been a valid service of summons.
 
(6) (a) every application by a landlord for the recovery of possession of any
premises on the ground specified in clauses (f), (h) or (n) of sub-section (2) of section
27, or under sections 30,31 or 37 shall be dealt with in accordance with the
procedure specified in this sub-section.
 
 (b) the tenant on whom the summons is duly served whether in the
ordinary way or by registered post in the prescribed form shall not contest the prayer
for eviction from the premises unless he files an affidavit stating the grounds on
which he seeks to contest the application for eviction and obtains leave of the Court
as hereinafter provided and in default of his appearance in pursuance of the
summons or of obtaining such leave, the statement made by the landlord in his
application for eviction shall be deemed to be admitted by the tenant and the
applicant shall be entitled to an order for eviction on the ground aforesaid.
 

 
 (c) the Court shall give to the tenant leave to contest the application if the
affidavit filed by the tenant discloses such facts as would disentitle the landlord from
obtaining an order for the recovery of possession of the premises.
 
 (d) where leave is granted to the tenant to contest the application, the Court
shall ordinarily commence the hearing of the application within seven days of the
grant of such leave and shall provide day-to-day hearing and dispose off the
application within thirty days of commencement of such hearing. Failing such
commencement of hearing or disposal of application within such time, the Court shall
make a record of its reasons therefor.
 
 (e) where the leave to contest under clause (c) is denied to the tenant, he
may file an application for review before the Court within ten days of such denial and
the Court shall endeavour to dispose of such application within seven days of its
filing.
 
(7) Every application made to the Court shall be heard as expeditiously as
possible and endeavour shall be made to conclude the hearing and to dispose off the
application within six months of it being filed.
 
43. Dispute of relationship of landlord and tenant.- (1) where in any
proceeding before the Court, a contention is raised denying the existence of
relationship of landlord and tenant as between the parties it shall be lawful for the
Court to accept the document of lease or where there is no document of lease, a
receipt of acknowledgement of payment of rent purported to be signed by the
landlord as prima-facie evidence of relationship and proceed to hear the case.
 
(2) Where,-
 
 (a) the lease pleaded is oral and either party denies relationship, and no
receipt or acknowledgement of payment of rent as referred to in sub-
section (1) above is produced, or
 
 (b) in the opinion of the Court there is reason to suspects the genuine
existence of the document of lease or the receipt or acknowledgement of
payment of rent.
 
the Court shall at once stop all further proceedings before it and direct the parties to
approach a competent Court of civil jurisdiction for declaration of their rights.
 
44. Court to promote negotiated settlement of disputes.- (1) The Court shall,
in all cases where the respondent enters or is permitted to enter defence against the
application, at any time before the evidence is recorded in the case, endeavour to
bring about a negotiated settlement of the dispute between the parties, in appropriate
cases, by referring them to the appropriate Authority under the Legal Services
Authorities Act, 1987 (Central Act 39 of 1987)
 
(2) Without prejudice to the provisions of sub-section (1) and subject to such
rules as may be prescribed, the Court shall follow such procedure as it deems
proper to promote a compromise expeditiously
 
(3) Where there has been a settlement of the case by compromise, the court
shall record the terms of the compromise and pass final order in those terms.
 
45. Deposit and payment of rent during the pendency of proceedings for
eviction.- (1) No tenant against whom an application for eviction has been made by
a landlord under section 27, shall be entitled to contest the application before the
Court under that section or to prefer or prosecute a revision petition under section 46
against an order made by the Court on application under section 27 unless he has
 

 
paid or pays to the landlord or deposits with the Court or the District Judge or the
High Court, as the case may be, all arrears of rent and other charges due in respect
of the premises upto the date of payment or deposits and continues to pay or to
deposit any rent which may subsequently become due in respect of the premises at
the rate at which it was last paid or agreed to be paid, until the termination of the
proceedings before the Court or the District Judge or the High Court, as the case
may be.
 
(2) The deposit of the rent and other charges under sub-section (1) shall be
made within the time and in the manner prescribed and shall be accompanied by
such fee as may be prescribed for the service of the notice referred to in sub-section
(5).
 
(3) Where there is any dispute as to the amount of rent and other charges to be
paid or deposited under sub-section (1), the Court shall, on application made to it
either by the tenant or the landlord and after making such enquiry as it deems
necessary determine summarily the rent to be so paid or deposited.
 
(4) If any tenant fails to pay or deposit the rent as aforesaid, the Court, the
District Judge or the High Court as the case may be, shall unless the tenant has
shown sufficient cause to the contrary, stop all further proceedings and make an
order directing the tenant to put the landlord in possession of the premises or
dismiss the appeal or revision petition, as the case may be.
 
(5) When any deposit is made under sub-section (1) the Court, the District
Judge or the High Court, as the case may be, shall cause notice of the deposit to be
served on the landlord in the prescribed manner and the amount deposited may,
subject to such conditions as may be prescribed, be withdrawn by the landlord on
application made by him to the Court in this behalf.
 
46. Revision.- (1) The High Court may, at any time call for and examine any
order passed or proceeding taken by the Court of Small Causes or the Court of Civil
Judge Senior Division referred to in items (i) and (ii) of clause (c) of section 3 for the
purpose satisfying itself as to the legality or correctness of such order or proceeding
and may pass such order in reference thereto as it thinks fit.
 
(2) The District Judge may at any time call for and examine any order passed or
proceeding taken by the Court of Civil Judge Junior Division referred to in item (iii) of
clause (c) of section 3 for the purpose of such order or proceeding and may pass
such order in reference thereto as he thinks fit.
 
(3) The costs incidental to all proceedings before the High Court or the District
Judge shall be in the discretion of the High Court or the District Judge as the case
may be.
 
CHAPTER VII
 
SPECIAL OBLIGATIONS OF LANDLORDS AND TENANTS
 
47. Landlord’s duty to keep the premises in good repair.- (1) Subject to any
contract in writing to the contrary every landlord shall be bound to keep the premises
in good and tenantable repairs in relation to matters falling under Part A of
Schedule V.
 
Explanation.- Good and tenantable repairs under this section and under section
49 shall mean such repairs as shall keep the premises in the same condition in which
it was let out, except for the normal wear and tear.
 

 
(2) Where any repairs in relation to a matter falling under Part A of Schedule V
without which the premises are not habitable or useable except with undue
inconvenience are to be made and the landlord neglects or fails to make them within
a period of three months after notice in writing, the tenant may apply to the Controller
for permission to make such repairs himself and may submit to the Controller an
estimate of the cost of such repairs, and, the Controller, may, after giving the landlord
an opportunity of being heard and after considering such estimate of the cost and
making such inquiries as he may consider necessary, by an order in writing, permit
the tenant to make repairs at such cost as may be specified in the order and it shall
thereafter be lawful for the tenant to make such repairs himself and to deduct the
cost thereof, from the rent or otherwise recover it from the landlord:
 
Provided that the amount so deducted or recoverable from rent in any year
shall not exceed one-half of the rent payable by the tenant for that year and any
amount remaining not recovered in that year shall be deducted or recovered from the
rent in the subsequent years at the rate of not more than twenty-five percent of the
rent for a month:
 
Provided further that where there are more than one premises owned by a
landlord in a building, the tenants thereof may jointly carry out the repairs and share
the expenses proportionately.
 
(3) Nothing in sub-section (2) shall apply to premises,-
 
 (a) which at the time of letting out was not habitable or useable except with
undue inconvenience and the tenant had agreed to take the same in that condition;
 
 (b) which was after being let out, caused to be not habitable or useable
except with undue inconvenience, by the tenant.
 
48. Duties of tenant.- (1) Every tenant shall be bound to keep the premises in
good and tenantable repairs in relation to matters falling under Part B of Schedule V.
 
(2) Where any repairs, in relation to a matter falling under Part B of Schedule
V, without which the premises are not habitable or useable except with undue
inconvenience are to be made 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 Controller an
estimate of the cost of such repairs, and, thereupon the Controller may, after giving
the tenant an opportunity of 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 thereafter be lawful for the landlord to make such repairs
himself and to recover the cost of such repairs, which shall in no case exceed the
amount so specified, from the tenant.
 
(3) The landlord or a person authorised by him shall have the right to enter and
inspect the premises after notice to the tenant in the manner prescribed.
 
(4) The tenant shall make good all damages caused to the premises by his
negligence within three months of being informed in writing to do so by the landlord
falling 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).
 
(5) The tenant shall hand over possession of the premises on determination of
tenancy in the same condition, except for the normal wear and tear, as it was in when
 

 
it was handed over to him at the beginning of such tenancy and in a case where
certain damages have been caused, not being damages caused by force major, the
tenant shall make good the damages caused to the premises failing which 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).
 
(6) The tenant shall not, whether during the subsistence of tenancy or
thereafter, demolish any improvement or alteration carried out by him in the
premises 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 demolition or alteration shall be deemed to be a damage caused by such tenant
under sub-section (4) and shall be dealt with accordingly.
 
49. Cutting off or withholding essential supply or service.- (1) No landlord
either himself or through any person purporting to act on his behalf shall without just
and sufficient cause cut off or withhold any essential supply or service enjoyed by the
tenant in respect of the premises let to him.
 
(2) If a landlord contravenes the provisions of sub-section (1), the tenant may
make an application to the Controller complaining of such contravention.
 
(3) If the Controller is satisfied that the essential supply or service was cut off or
withheld by the landlord with a view to compel the tenant to vacate the premises or to
pay an enhanced rent, the Controller may pass an order directing the landlord to
restore the amenities immediately, pending enquiry referred to in sub-section (4).
 
Explanation.- An interim Order may be passed under this sub-section without
giving notice to the landlord.
 
(4) If the Controller on inquiry finds that the essential supply or service enjoyed
by the tenant in respect of the premises was cut off or withheld by the landlord
without just and sufficient cause, he shall make an order directing the landlord to
restore such supply or service.
 
(5) The Controller may in his discretion direct that compensation not exceeding
fifty rupees,-
 
 (a) be paid to the landlord by the tenant, if the application under sub-section
(2) was made frivolously or vexatiously;
 
 (b) be paid to the tenant by the landlord, if the landlord had cut off or
withheld the supply or service without just and sufficient cause.
 
Explanation I.- In this section, "essential supply or service" includes supply of
water, electricity, lights in passage and on staircases, conservancy and sanitary
services
 
Explanation II.- For the purposes of this section, withholding any essential
supply or service shall include acts or omissions attributable to the landlord on
account of which the essential supply or service is cut off by the local authority or any
other competent authority.
 
CHAPTER VIII
 
miscellaneous
 
50. Jurisdiction of Civil Courts barred in respect of certain matters.- (1)
Save as otherwise expressly provided in this Act, no Civil Court shall entertain any
suit or proceeding in so far as it relates to the fixation of standard rent in relation to
any premises to which this Act applies or to any other matter which the Controller is
 

 
empowered by or under this Act to decide, and no injunction in respect of any action
taken or to be taken by the Controller under this Act shall be granted by any Civil
Court or other authority.
 
(2) Nothing in sub-section (1) shall be construed as preventing a Civil Court
from entertaining any suit or proceeding to decide any question of title to any
premises to which this Act applies or any question as to the person or persons who
are entitled to receive the rent of such premises.
 
51. Proceedings by or against legal representatives.- (1) Any application
made, appeal preferred, or proceeding taken under this Act by or against any person,
may, in the event of his death be continued by or against his legal representative.
 
(2) Where any application, appeal or other proceeding would have been made,
preferred or taken under this Act by or against any person such application, appeal
or other proceeding may, in the event of his death, be made, preferred or taken by or
against his legal representative.
 
52. Landlord and tenant to furnish particulars.- Every landlord and every
tenant of a building shall be bound to furnish to the Controller or any person
authorised by him in that behalf, such particulars in respect of the building as may be
prescribed.
 
53. Cognizance of offences and Power to prosecute.- (1) No Court inferior to
that of a Judicial Magistrate of the First Class shall take cognizance of any offence
punishable under this Act.
 
(2) All offences under the Act shall be bailable and non-congnizable.
 
(3) The Controller or any other officer authorised by the State Government in
this behalf may prosecute any person for contravention of any of the provisions of
this Act or the rules made thereunder.
 
54. Offences and penalties.- Without prejedice to any other action that may be
taken to enforce the regulation or this Act,-
 
(i) If any landlord or tenant fails to present copy of the lease agreement for
registration as required under clauses (a) or (b) of sub-section (3) of section 4 or fails
to file the particulars as required under the proviso thereto, he shall on conviction be
punishable with fine upto two thousand rupees or with simple imprisonment for a
term upto one month or with both and shall also be liable to fine of rupees five
hundred for each day of continuing default till the agreement is presented or as the
case may be particulars furnished ;
 
(ii) If any person contravenes the provisions of section 11, he shall on
conviction be punishable with fine which may extend to a sum which exceeds the
unlawful charges claimed or received by two thousand five hundred rupees or with
simple imprisonment for a term upto one month or with both ;
 
(iii) Every middleman or Estate agent who.-
 
 (a) fails to register his name in contravention or sub-section (1) of section
20 shall on conviction be punishable with fine upto two thousand rupees or with
simple imprisonment for a term upto one month or with both, and shall also be liable
to fine of rupees two thousand for each day of continuing default till he complies with
the law ;
 
 (b) fails to submit statements as required under sub-section (1) of section
21 shall on conviction be punishable with fine upto one thousand rupees or with
 

 
simple imprisonment for a term upto one month or both and shall also be liable to fine
of rupees two hundred for each day of continuing default till the statement is filed ;
 
 (c) fails to file returns as required under sub-section (2) of section 21 shall
on conviction be punishable with a fine upto two thousand rupees or with simple
imprisonment for a term upto on minimum with both, and shall also be liable to fine
of two hundred rupees for each day of continuing default till the returns are filed ;
 
(iv) If any tenant sub-lets, assigns or otherwise parts with the possession of, the
whole or part of any premises in contravention of the provisions of clause (b) of sub-
section (2) of section 27 he shall be punishable with fine which may extend to five
thousand rupees, or double the rent received by the tenant for subletting for every
month till such time the cause of complaint ceases, whichever is more or with
imprisonment for a term upto one month, or with both ;
 
(v) If any landlord makes a false statement in his affidavit under item (i) of
explanation I to clause (r) of sub-section (2) of section 27, he shall on conviction be
punishable with fine which may extend to five thousand rupees, or double the rent
receivable for a period of three months in case it has been relet, whichever is more,
or with imprisonment for a term upto one month or with both ;
 
(vi) If any landlord claims or receives the payment of any sum as premium or
pugree or other consideration in contravention of sub-section (2) of section 32, he
shall on conviction be punishable with fine upto three thousnd rupees or with simple
imprisonment for a term upto one month or with both ;
 
(vii) If any landlord relets the whole or any part of any premises in contravention
of sub-section (1) of section 35, he shall on conviction be punishable with fine which
may extend to five thousand rupees, or double the rent the landlord receives after re-
letting whichever is more, or imprisonment which may extend upto one month or with
both.
 
Explanation.- For the purpose of this clause and clause (iv) in cases where it is
difficult to prove the rent which the landlord or the tenant as the case may be, is
receiving after re-letting or sub-letting, the fine may extend to five thousand rupees ;
 
(viii) If any tenant without reasonable excuse, fails to make re-entry under sub-
section (2) of section 36 within three months from the date of the completion of
repairs or building or re-building, as the case may be, intimated in writing by the
landlord without reasonable excuse, he shall forfeit his right to re-entry and shall on
conviction be punishable with fine equivalent to three month’s rent of the premises ;
 
(ix) If any landlord or tenant contravenes the provisions of sub-section (1) of
section 49, he shall on conviction be punishable with fine equivalent in amount to the
rent for three months or with upto one month’s imprisonment, or with both, and shall
also be liable to fine of one hundred rupees for each day of continuing default,
commencing on the date of cutting off or withholding essential supply or service till
the date the essential supply or service is restored.
 
(x) if any landlord or tenant fails to furnish particulars as required under section
52 he shall on conviction be punishable with fine upto one thousand rupees or with
imprisonment for a term upto one month or with both.
 
55. Offences by companies etc.- (1) Where an offence under this Act is
committed by a company, the company, as well as every person in charge of, and
responsible to, the company for the conduct of its business at the time of the
 

 
commission of the offence shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly :
 
Provided that, nothing contained in this sub-section shall render any such person
liable to any punishment if he proves that the offence was committed without his
knowledge or that he exercised all due diligence to prevent the commission of such
offence.
 
(2) Notwithstanding anything contained in sub-section (1) where an offence
under this Act has been committed with the consent or connivance of, or that
commission of the offence is attributable to any neglect on the part of any director,
manager secretary or other officer such Director, Manager, Secretary or other officer
shall also be deemed to be guilty of that offence and shall be liable to be proceded
against and punished accordingly.
 
Explanation.- For the purpose of this section,-
 
 (a) ‘‘Company’’ means any body corporate and includes a firm or other
association of individuals ; and
 
 (b) ‘‘director’’ in relation to a firm means a partner in the firm.
 
56. Controllers to be public servants.- All Controllers appointed under this Act
shall be deemed to be public servants within the meaning of section 21 of the Penal
Code, 1860 (Central Act 45 of 1860).
 
57. Protection of action taken in good faith.- (1) No suit, prosecution or other
legal proceeding shall lie against any Controller any officer or servant of the State
Government or any person acting under his direction or assisting him in respect of
anything which is in good faith done or intended to be done in pursuance of this Act
or rule or orders made thereunder.
 
(2) No suit or other legal proceedings shall lie against the State Government for
any damage caused or likely to be caused by anything which is in good faith done or
intended to be done in pursuance of this Act or of any rule or of order made
thereunder.
 
58. Controller to recover fines as arrears of land revenue.- Any fine imposed
by a Controller under this Act shall be paid by the person fined within such time as
may be allowed by the Controller and the Controller may, for good and sufficient
reason extend the time, and in default of such payment, the amount shall be
recoverable as arrears of land revenue under the Karnataka Land Revnue Act, 1964.
 
59. Procedure in Appeals.- (1) In computing the period specified in this Act for
filing appeals, the time taken to obtain certified copies of the order appealed againt
shall be excluded.
 
(2) The provisions of section 5 of the Limitation Act, 1963, shall be applicable
to appeals under this Act.
 
(3) On an appeal being preferred under this Act, the Deputy Commissioner or
the Assistant Commissioner, as the case may be, may order stay of further
proceeding in the matter pending decision on the appeal.
 
(4) the Deputy Commissioner or the Assistant Commissioner as the case may
be, shall send for the records of the case from the controller and after giving the
parties an opportunity of being heard and if necessary after making such further
enquiry as he thinks fit either himself through the Controller, shall decide the appeal.
 

 
60. All proceedings before the Controller to be judical proceedings.- All
proceedings before the Court or the Controller shall be deemed to be judicial
proceedings for the purposes of section 193 and 228 of the Penal Code, 1860
(Central Act 45 of 1860).
 
61. Decisions which have become final not tobe reopened.- The Court or
the Controller shall summarily reject any application under this Act which raises
between the same parties or between parties under whom they or any of them claim,
substantially the same issues as have been finally decided in a former proceeding
under this Act or under any of the enactments repealed by section 70.
 
62. Orders to be pronounced in open Court.- Every order passed by a Court
or the Controller under this Act, shall be pronounced in open Court on the day on
which the case is finally heard, or on some future day of which due notice is given to
the parties.
 
63. Finality of Orders.- Save as otherwise expressly provided in this Act, every
order made by the Court or controller and every order passed in appeal or revision
there against under this Act shall be final and shall not be called in question in any
suit, application or execution proceeding.
 
64. Amendment of Orders.- Clerical or arithmetical mistakes in any order
passed by a Court, Controller or the revisional or appellate authority under the Act or
error arising therein from any accidental slip or omission may, at any time, be
corrected by such Court, Controller or the appellate or revisional authority on an
application received in this behalf from any of the parties or otherwise.
 
65. Costs.- Subject to such conditions and limitations, if any, as may be
prescribed, the cost of, and incidental to all proceedings before the Court or the
Controller shall be in the discretion of the Court or the Controller which or who shall
have full power to determine by whom or out of what property and to what extent
such costs, are to be paid.
 
66. Power to make rules.- (1) The State Government may, after previous
publication in the official Gazette, make rules to carry out the purposes of this Act.
 
(2) In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely:-
 
 (a) the manner of approval of valuers and the procedure to be followed by
such valuers under the proviso to sub-section (2) of section 12 ;
 
 (b) manner of determining the extent of renovation of a building ;
 
 (c) the form and manner in which and the period within which an application
may be made to the Controller ;
 
 (d) the form and manner in which an application for deposit of rent may be
made the particulars which it may contain ;
 
 (e) the manner in which a Controller may hold enquiry under this Act ;
 
 (f) the powers of the Civil Court which may be vested in the Controller ;
 
 (g) the form or manner in which an application for appeal may be made
under the Act ;
 
 (h) the manner in which the Court has refer dispute for negotiated
settlement and procedure for disposal of cases so referred ;
 

 
 (i) for appointing the Authority for registration and renewal of registration of
middleman or estate agents and prescribing his qualifications and terms of
appointment ;
 
 (j) brokerage or commission chargeable by the middleman or estate agents
for residential user and the term and manner in which they shall file returns ;
 
 (k) the manner of service notice under the Act ; and
 
 (l) any other matter which is required to be provided by rules for in giving
effect to the provisions of this Act.
 
67. Rules and Notifications to be laid before the State Legislature.- Every
rule made under this Act and notification issued under section 2 or under section 68,
shall be laid as soon as may be after it is made, before each House of the State
Legislature while it is in session for a total period of thirty days which may be
comprised in one session or in two successive sessions, and if, before the expiry of
the session in which it is also laid or the session immediately following, both Houses
agree in making any modification in the rule or notification or both Houses agree that
the rule or notification should not be made, the rule of notification shall thereafter
have effect only in such modified form or be of no effect, as the case may be ; so
however that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule or notification.
 
68. Removal of difficulties.- (1) If any doubt or difficulty arise in giving effect to
the provisions of this Act, the State Government may by notification, make such
provision as appears to it, to be necessary or expedient for removing the doubts or
difficulties :
 
Provided that no order shall be made under this section after expiry of two years
from the date of commencement of this Act.
 
(2) The provisions made by any notification under sub-section (1) shall, subject
to the provisions of sections 67 have effect as if enacted in this Act, and any such
notification may be made so as to be retrospective to any date not earlier than the
date of commencement of this Act-
 
69. Transfer of pending cases.- On the commencement of this Act,-
 
(1) all cases pertaining to matters in respect of which the Controller shall have
jurisdiction under this Act and pending in the Court under the Karnataka Rent Control
Act, 1961 shall stand transferred to the Controller and the Controller may proceed to
hear such cases either de-novo or from the stage it was at the time of such transfer.
 
(2) all cases pertaining to matters in respect of which the Court shall have
jurisdiction under this Act and pending before the Controller under the Karnataka
Rent Control Act, 1961 shall stand transferred to the Court and the Court may
proceed to hear such cases either de-novo or from the stage, it was at the time of
such transfer.
 
70. Repeal and Savings.- (1) The Karnataka Rent Control Act, 1961
(Karnataka Act 32 of 1961) is hereby repealed.
 
(2) Notwithstanding such repeal and subject to the provisions of section 69,-
 
 (a) all proceedings in execution of any decree or order passed under the
repealed Act, and pending at the commencement of this Act, in any Court shall be
continued and disposed off by such Court as if the said enactment had not been
repealed ;
 

 
 (b) all cases and proceedings other than those referred to in clause (a)
pending at the commencement of this Act before the Controller, Deputy
Commissioner, Divisional Commissioner, Court, District Judge or the High Court or
other authority, as the case may be in respect of the premises to which this Act
applies shall be continued and disposed off by such Controller, Deputy
Commissioner, Divisional Commissioner, Court, District Judge or the High Court or
other authority in accordance with the provisions of this Act.
 
 (c) all other cases and proceedings pending in respect of premises to which
this Act does not apply shall as from the date of commencement of the Act stand
abated.
 
(3) Except as otherwise provided in section 69 and in sub-section (2) of this
section, provisions of section 6 of the Karnataka General Clauses Act, 1899
(Karnataka Act III of 1899), shall so far as may be applicable in respect of repeal of
the said enactment, and sections 8 and 24 of the said Act shall be applicable as if the
said enactment had been repealed and re-enacted by this Act.
 
 
 
FIRST SCHEDULE
 
[See section 2 (1)]
 
Areas to which Chapters I to III and V to VIII apply.
 
Part-A
 
Areas within the limits of Cities constituted under the Karnataka Municipal
Corporation Act 1976 and within a radius of three kilometres from the limit of the said
cities.
 
Part-B
 
Areas within the limits of the City Municipal Councils constituted under Karnataka
Municipalities Act 1964.
 
 
 
Second Schedule
 
[See section 2 (2)]
 
Areas to which Chapters I and IV apply.
 
Areas within the limits of Cities constituted under the Karnataka Municipal
Corporations Act, 1976 and within a radius of three kilometres from the limits of the
said cities.
 
 
 
Third Schedule
 
(See sections 6 and 7)
 
The rent enhanceable under clause (a) of sub-section (1) of section 6 or sub-
section (1) of section 7, as the case may be, shall be calculated at the rates shown in
column (2) of Table I given below, compounding on an yearly basis, with reference to
the date of agreement in the case of rent agreed to between the landlord and the
tenant, and the date of commencement of construction in the case of standard rent,
to arrive at the rent payable for the period for which rent is to be determined :
 
Provided that the total amount of enhancement as so calculated till the
commencement of this Act shall be restricted in respect of a premises on the basis of
its size as indicated in column (1) of the Table II to such percentage as is specified in
the corresponding entries in column (2) of the said Table :
 

 
Provided further that the enhancement in the case of a tenancy entered into
before the commencement of this Act shall be effected gradually in five equal yearly
instalments.
 
Explanation.- The base calculation of annual enhancement of rent after the
commencement of this Act shall be the rent payable in a year as if the total
enhancement of rent due at the commencement of this Act came into effect
immediately rather than gradually over a five year period, and such annual
enhancement of rent shall be payable in addition to the graduated enhancement :
 
Provided also that in relation to a landlord, referred to in section 31, who is a
widow, a handicapped or a person of the age of sixty-five years or more, the
enhancement of rent shall not be spread over a period of five years but shall come
into force immediate effect.
 
Table-I
 
 Date of agreement/ Rate of annual
 
 commencement of construction enhancement of rent
 
 1 2
 
 1. Upto 31st December, 1949 Two per cent
 
 2. On and from 1st January 1950 Four per cent
 
 to 31st December, 1960.
 
 3. On and from 1st January 1961 Six per cent
 
 to 31st December, 1970.
 
 4. On and from 1st January, 1971 Eight per cent
 
 to 31st December, 1994.
 
 5. On and from 1st January, 1995 Seventy-five per
onwards cent of annual
 
 inflation rate based on whole sale price Index.
 
 
 
Table-II
 
 premises of maximum permitted
(built up area) enhancement of rent
 
 1 2
 
 1. 50 square metres or Twenty five per cent
 
 less.
 
 2. more than 50-square Fifty per cent
 
 metres but upto 90-square
 
 metres.
 
 3. more than 90-square metres Seventy five per cent
 
 but upto 160-square metres.
 
 4. more than 160-square metres Hundred per cent
 
 
 
 
 

 
FOURTH SCHEDULE
 
(See section 8)
 
 1. Air conditioner
 
 2. Electrical heater.
 
 3. Water cooler.
 
 4. Geyser
 
 5. Regrigerator.
 
 6. Cooking range.
 
 7. Furniture
 
 8. Garden meant to be used by the tenant exclusively.
 
 9. Playground meant to be used by the tenant exclusively.
 
 10. Sun-brokers.
 
 11. Usufructs, if any, enjoyed by the tenant.
 
FIFTH SCHEDULE
 
(See section 47 and 48)
 
 A. Structural repairs to be got done by the landlord.
 
 1. Structural repairs, except those necessitated by damage caused by the tenant.
 
 2. Whitewashing of walls and painting of doors and windows once in three years.
 
 3. Changing and plumbing pipes when necessary.
 
 4. Internal and external wiring and related maintenance .
 
 B. Day to day repairs to be got done by the tenant.
 
 1. Changing of tap washers and taps.
 
 2. Drain cleaning.
 
 3. Water closet repairs.
 
 4. Wash closet repairs.
 
 5. Bath tub repairs.
 
 6. Geyser repairs
 
 7. Circuit breakers repairs.
 
 8. Switches and sockets repairs.
 
 9. Repairs and replacement of electrical equipment, except major internal and external
wiring changes.
 
 10. Kitchen fixtures repairs.
 
 11. Replacement of knobs and locks of doors, cup-boards, windows, etc.
 
 12. Replacement of fly nets.
 
 13. Replacement of glass panels of windows, doors, etc.
 
 14. Maintenance of gardens and open spaces let-out to the tenant.
 

 

 

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The Karnataka Rent Act, 1999