OWSSA ACT 4 OF 1968
THE ORESA ROUSE RENT CONTROL ACT, 1967
- -
CONTENTS
PREAMBLE
SSCT~ONS
1. Short title, extent, commencement and duration
2. Definitions
3. Salami or prprnium not to be charged
4. Landlord entitled to fair-rent 5 . Dcturmination of fair-rent
6. Crrotinuance of tenancy
7. Conditions under which a tenant can be ejected
8. Bar OF claima in excesss of the determined rent and refund of excess payment
9. Redetermination of fair-rent in certain cases
10. Landlord to effect repairs
11. Continuance of tenancies other than tenancies from month to month
12. Enquiries and Procedure
13. Appeal
14. Finality of orders
15. Court to deliver possession
16. Stay of execution of decree or order for eviction in cerlaia c a m
17. Penalty
18. False statements
19. Protection of action taken under the Act
20. Exemption
21. Power to make rules
22. Validation of certain actions
1
'[THE ORISSA HOUSE RENT CONTROL
ACT, 1967 ]
Received rhe nssent of the President on the 17th
February 1968, first published in nil ext raordi- nary issue of ihe Orissa Gazette, daied the
4th March 19681 A N ACT TO PROVIDE FOR THE CONTROL OF HOUSE-
RENT IN THB STATE OF ORISSA
e it enacted by tlze Legislature of the State Bof Orissa is theEighteenth Year of the Re- public of India, as follows:-
I. ( I ) This Act may be called tho Orissa short t i t ls
' exknt, cam House-Kent Control Act, 1967. mcoccmut I
and durarion. i ! (2) It extends to the whole of the State of Orissa.
(3) Kt sbaIl bc deemed to have come into force on
the 4th day of May, 1967 in those local areas of the Orissa Act 32 State in which the Orissa ETouseRent Control A?t, ,r 1958was in force inimediately prior to its explry 1958 and it shall wmei~toforce insuch~therlocalarea
or areas on such data as the State Government may,
by notification,, appoint in that be ha; . -
Provided that sections 17 and 18 shal\cdme intb
force in the.earliir mentioned local areas on t h i day on which the assent'of the President to. this Act is
first published in tht' Gazette.
(4) It shnl l cease to - have effect 2[on the 4th day :ofMay,: 1981 3 excbpt as respects things done, or omitted to be done before the expiration - thereofb and section 5 of the Orissa E ~ 2 i ~ General CIaus~s Act, 1937 shall a ply upon the
expiry of this Act as if it had then een repealed by an Orissa Act.
1
-
1. Por Statement'of Objccts and Reasons, see Orha Gazeife. Hxrra- ardinary ( No. 979). datcd he 1st Augmt 1967 and for Rcport 01 the Select committee, see, ibid, ddated the 15th Daccmbcr 1967 {No. 1599). 2: Substituted by tlie OrIssa How%-rent Control ( Amendment ) ha, I974 ( Or. Act 10 uf 1974 ), s. 2, for ." O d the ex& of stvch years From
the date of its c~mmencemcnt?' w;c.C 13h July 1974.
2
DcCln~tions 2. In this -Act unless the -context otherwise
requires-
(1)"ControIler" in respect of any area means the '1 Subdivisions 1 Judicial Magistrate .] having juris- diction over t hat area .and shall .include any-Magi-
strate of the first class .having jurisdiction oOer such area to whom the I[ Subdivisiondl Judicial Magistrate] may transfer any app licatiim 'for disposal; @) '<' fair-rent" .means -rent xonsiderea teaso-
nable having regard to :the ,situation, locality, condi- tion of the premises, amenities p,rovided therein and the rental value fixed by the local -alithority, ;if any;
(3) " house" includes any building ,or part of a buildjug with its appurtenances and out-houses used :far ,any -purpose whatso,exei;
(4) " landlord" includes an person who is
receik.ing or, is .entitled -tw receivect g elieht .of a house whether on his own account or on behalf of another or on behalf of himseif~andothers;
(5) C L tenant " meam any ,person by whom. sr !on whose behalf rent .i's .payable for ,my.- house and
i,ncludes- every ,person 60-m 9ime to: t h e ,derilves .title under, =,tenant-# or:a persomcontinni mg ,in posses-
sion after the :'termination $of .his lte~lancy .4iitherwise
than under . the proxisipns of this Act ..and shall :;ilj$lude-any persan+gainst,wbnm:a 'suit for, kjrctment
,is ,penaiqg in a Courtof c~mp~te~t.j~fis~ic'tidn but
not a,peflon 9g;iinst whom a. decree 01: .order 'for
eviction has been made by such a-Coiirt.
, .
salami m .3; After the , (dde of cornrrlencemedt~6f~thisSSAct Pr;:bmb:0t a:landlord shallnotrjb-eotitled .to charge :salami tor
chargd. p r e m i u m i f o r : ~ e t . t i n ~ i q h ~ s e ox f~~:reneajtrg:the
I'm%:of any h ~ U s e ~ I , . .
Landlord 4. 'Subject 'to the provisions of .this ~ c t ' ! ' and enlitled to notwithstanding any contract to the contrarj, no fair-rent . landlord shall be entitled to charge rcnt f o ~ .any rhouse #:at a-sum higher :than the.:fair-~ent.
Dctsrmina- 5; (1) Any landlord -or ,any Itenant may make lion of fair-
rent. an applicatiotritothe EmtroIIet..to @:a fdirqent..
1. ~ubstitured by the Orissa,Hou~rent ConL~l (Amendment) Act, 1974 (Or. Act 10 of 1974 ), s. 3. w.eldSt April, 1974.
3
(2) Pending final decision on the application
the ControIler shall fix a provisional rent, Final deci- sion when made, shall be deemed to have taken effect
from the date of tlze application and all amounts paid as provisional rent shall be adjusted towards payment of final rent.
(3) The application of the tenant shall be dismissed, IT hc fails to pay the provisional rent
regularly.
6. Notwithstanding anything to the contrar c,,,i,uancs contained in my agreement or law no tenant sha r Iof t t n a n ~ ~ .
be liable to be ejected except as provided in section 7.
7. (1) A landlord who seeks t o evict his tenant Gndi.nl shall apply to the Controller for a direction in that , v ~ c b
behalf. a tenant a n be ejacted.
(2) If the Controller, after giving the tenant 5 reasonable opport~mity of showing cause against the application, is satisfied-
(i) t.hat the tenant has not paid or tendered the rent d u e from him in respect of the
house within thirty days after the expiry
of the time fixed ir, the agreement of the tenancy with the landlord for
payment of rent or i n the absence of any such agreement by the last day of the month next following that for whichthe rent is payable; or
(ii) tbat the tenant has without the written,
consent of the landlord-
, . (a) transferred his right under the lease or
sub-let the cntirc house or any portion
thereof ( i f the Iease, does not confer on
,him any right to do so):; or .
(b) used the house for a purpose other
than that for which it was let out; or
(iii) that the tenant has conimitted such acts
of damage a s are likely to impair materially t h e value . or utiIity df the
house ; or ,
(iv) that the tenant has denied the title of the
landlordorclaimedaiight of perinanent . tenancy and that such denial or claim is not bona fidq .
4
he shall make an order directing tbc tenant to put the landlord in possession of the house and if the
Controller is not so satisf ed, he shall make an order rejecting the application:
Providcd that in any case falli r~g under dau4se.(i). if the controller is satisfied that the tenant's default to pay or tender rent was not wilful, he may give the tenant a reasonable time not exceeding fifteen dkyshto
pay or tender the rent due from him to the land-lord
up to the date ~f such payment or tender and on such
- ' payment or tender the application shall be rejected.
(3) When an application is made for the eviction
+ of any tenant on the grounds specified in clause (i> of
-. . sub-section ( 2 ) the tenant shall r m i t the arrear pent as, admitted by him up to the date of such remittanceto
the landlo~d. or deposit the same with Cantroller failing which he shall not be entitled to contest the
proceedings.
(4) The landlord may, subject to the provisions
of this Act, apply to the Controller for- an order
directing the tenant to put him in possession of the
house, if be requires the house in good -fddiih for the
occupation or use of himselfi any niember of his family-or of any person or persons f b r whose benefit
the house is held by him.
(5) Notwi thstaading anything contained in section 106 of theTransfer of Property Act, 1882 it 4 d 1882 sh'afl not Cj'e* necessar.y for the landlo~d to serve a notice for termination of'the tenancy on tHe tenant
for the purposes of. pro.meding$ under this, section. @)'No, proceedings, whether. for eviction of the
tenant or for execution of an order of eviction, instituted under the Orissa House Rent Control Act, 1958- shall .be challenged merely. on the ground that
no such notice' as aforesaid had been served on the
tenamt:befor;e institution of such proceedings;
Bar of claim 8. When the ControIIel: has d :- terruined. the fair-
in cxccss of . .
[hc deter- rent of a house- miacd rcnt
aad rcfund of excess paymcn~. , (a). the ldndlord. shall-t~ot.claim-: and. shd1 not
': be entitled to. any renb in- excess of the rent so determined;
5
(b) any agreement for the payment of rent in
excess of the rent so det~rmined, .,shall be
null and voied in respect of such excess
and be construed as if it were a11 agree- ment for payment of such determined rent; and
(c) any sum in excess of the determined rent paid after the datc of appIicat ion unc'er sectioll 5 i n ~espect of a house for zny
pericd after the said date shall be refunded
1.0 the Terson by whom it was 'paid, or at the .option of such person ,otherw,ise adjusted.
9. (1) If at any time after the fair-rent of a house Redetcrmina- -lion of has been (etermined under seGtion 5, it ,appears .,
the,ControlIer that ~subsequcnt to such deterrninat.ion, in certain
some ,addition, improver~ient or ,alterafion, not beim,g cases. .*
~~n!the nature of necessary repairs or ,repairs lusuadly .,: , .
made to houses in that locality, has been 'made 40 ~t-he ,housemat tha landlord's expense,lhe may, -after mak- ,ingsuch enquiries as he thinks f i t , redetermine %he fair-rent of the house:
Provided that the excess rent payawle for the house shall not exceed sevcn and a haelf per cent per
annum on the cost of such addition, improvement or alteration and dhall be cl~argeable from the daZe of
completion of such addition, improvement or altera- tion.
(2) Notwi thst~nding the dete.l.mination or rede t~r -
mination of the fair-rent as aforesaid if t he Contruller
is satisfird ,l hat there is a general rise in the value of
houses and 'house-sites in any Municipality or in any area within the jurj rdict ion of any other Local aut!to-
rity and that such Municipality or other Local
~auBority ha s imposed a higher rate .of holding-!ax
.on.the annual value of the holding in the local~ty,
,he may redetermine $he fair-rent in such cases as he may.thin.k fit, commensurate with the e~~hancement
)in the holding-tax.
10. ( I ) If the landlord fails to effect normal Landlor( tc repairs to the house and there by renders the house cffml r d ~ ~ i l s -
unirfhabitable, the tenant may make an application
to the controller, who may, after making such enquiry
as he deems fit, direct ?he landlord to eft'eci s-&:ch
repairs as may be necessary in the opinion of the Controller within a ,reasorla bl e .period to bc fixed "uy him.
6
(2) In case the landlord fails to compIy with the directions issued under sub-section ( I ) the Controller may authorise the tenant to effect the repairs at his own cost and t o adjust the amount so spent against the rent payable to the Iandlord in such number of
instalments as may be k e d by the Controller:
Provided that rhe tenant shall not be entitled to adjust any amount spent in excess ot' the amount which, in the opinion of the Controller, would have been reasonably necessary for effecting the said repairs.
Continu-
of tenancies 11. ( I ) lf a tenant in possession of any house
other held on a tenancy other tban a tenancy from month tewd to month wished to extend the period of tenancy by from mouth , mwth. not less than six and not more than twelve months, he may give the landlord, not less than one month before the expiry of the tenancy, a written notice of
his intention after depositing with the Controller or paying t o the landlord the arrears of rent, if any, and upon the delivery of such notice and upon such deposit or payment being made the ter~ancy shall, save as hereinalter provided, be deemed to haye been extended for the period specified in the notice.
(2) Wherethe landlord to whom a notice has been given under sub-section ( I ) wishes to object to the extension demanded by the tenant, he may withinfifteendays of the delivery to him of such
notice, apply to the ControUer in that behalf, and if t be Controller is satisfied-
(a) that the house is in good faith required by
the landlord for the occupation of himself or any member of his family or for the
occupation of any person or persons for
whose benefit the house is held by him ; or
(b) that thetenant has done any of the acts
provided in clauses (i) to (iv) of sub- section (2) of section 7 ;
he shall . pass an order disallowing the extension
demanded by the tenant.
7
12. (1 ) An enquiry under this Act shall be of a Enquiries
summary nature and shall, so far as practicable, be pr&niwr held in accordance ivith the provisions contained in of 1908 the Codc of Civil Procedure, 1908.
(2) All proceedings under this Act shall, so
far as possible, be disposed of within a period of six months from the date of its institution.
(3) For the purposes of an enquiry under this Act the Controller may-
(a ) enter and inspect the house; or
(b) authorise any officer subordinate to him to enter and inspect the house.
36 of 1963
(4) Subject to the provisions of this Act, the provisions of the Limitation Act, 1963 except
sctions 6, 7, 8, 9, 18 and 19 shall apply to all appeals
and applications under this Act.
13. (1) Any person aggrieved by an order o f ~ p ~ t a l
the Controller may within thirty days from the date
on which the order is communicated to him, present
an appeal in writing to I** '[the Chief Judicial Magis- trate ] or any other officer specially appointed by the State Government for the purpose. - , -
(2) The authority before whom an appeal is presented shall send for the record of the case from the Controller and, after perusing such record, hearing the parties and after making such further enquiries, as he thinks fit, shall decide the appeal.
14. All orders passed by the Controller shall, Fha]ity of subject to the decision, if any, made in an appeal, .qrapff-. .
be final and shall not be called into question in any . . .
Court. IS. The order of the Controller made undercourt to
section 7 directing the tenant to put the landlord i n d e l i v e r Wsession.
possession of the house, shall be deemed to be a decree and shall be executable as such in the Court of the Munsif within the local limits of whose
jurisdiction the house is situate.
- . -
I. Omittcd by the Orissa House Rent Control (Amendment) Ac& '
1969 (Or. Act 12 of 1969). 1.c. s: 2.
2. Substituted by the Orissa House Rcnt Control Amendment) Act, .
1974 (Or. Act 10 of 1974). r. 4, for "the Additional List* mgi.q~. ~udic~al)" 5v.e.C. 1st April 1974.
8
sm .OF 16. (1) ~otwithstanding anything in any law exeartionof decree or o r in any of the other provision of this Act, wheie
order fqr a person who continueq in possession of a hou;e eviction in
certain cases in spite of a decree or order for eviction therefroo 1
made against him before the conlmencernent of thb:
Act and would but for such decree or order be a
tenant within the meaning of this Act, has preferred
an appeal against, or made an application for review 0,r revision of, the decree or ,order to a Court of
compete 11t jurisdiction, such Court rnay for sufficient cause order stay of execution of the decree or ordcr pending the disposal of ,the appeal .or, as the case may be, the appfication for r e v i e ~ or revision.
( 2 ) The Court may, while ordering stay of ;exemtion uo der su b-section ( I ) , impose such terms
.and conditions .in respect of the quantum and
manner of ,payment o t' rent of the house or i11 respect
of the manner of possession ,thereof as the Court may deem fit; and on breach of any such terms
and condit,ions by the person aforesaid, lthc Court
-may, after giving such person .a reasonable oppor-
:tntiity of being heard, vacate the ;order of 'stay of
,execution ,of ,the decree .or order.
Pearltv 17. If any person contravenes any provision of t)his ,Act ox of.any rules .or .o.rder~ .made fiereunder, hk' shall .be -deemed .to hav.e committed ;an offence -qn@ shaU b.e ipenishable with .imprisonment for a term whichmayextend to six months .or ,with fine
w&ipb,mqy extend Ro .two .hundred rupees or with botli.
~a l s t amti- !P8.'Tf any ,person, when ,required by or ,under ments. *his-Act $0 -make m y statement or to furnish - m y
information, makes any statement of furnishes m y
. , , jaforxpation -which is false in .material .particulars : . &d,wf~ich ihe knows or has reasonable ,cause to
he$evq to ,be false or .does not beJiexe .to be true, . , , ,he shallbe punishable with fine not:exceed,iqg two
bndred cup,ees. Protterion 19. (1) No suit, prosecution or ather legaI or action proceeding shall lie against .any person .for anything
takenu"dcr ht A C ~ . which is in good faith done or intended to be done
.in pursuance of this Act -,or ,of the rules or aoxders
made thereunder.
9
(2) No sxit or other Iegal proceeding shall lie against the Govetnlnent for any damage caused or likely t o be caused by anything which is in good faith dune or intended io be done in pursuance of
any provision of this Act or of any rule or order made thereunder.
20. ( I ) None of 1 he provisions of tfiis Act shalI Exemptions
2 ppJy to the-
(a) bLouses owned by the Union Government, a State Government or a Local authority; and
(6) houses the construction of which is completed after the commencement of this Act for a' period of five years from the date of their completion.
(2) The Stare Government ma), by notificktion,
exempt any other house c r class of. houses fiorn all,
or any of the provisions of this Act.
21. (1)The State Governnlent may make rules* Power to
to carry out the purposes of rhis Act. make rules.
(2) Without prejudice to the ge~?eral ity of the
i'arcgoing power, such rules may provide for-
(a) the procedure to be followed by Control-
lers and appeIIate authorities in the
performance of their fu~lctions under
this Act; and
(6) the manner in which notices and orders
under this Act shall be given or served. Oristi Act
31 of 195s. 22. Notwithst andiog thc expiration of Orissa vd&tion
House Rent Control Act, 2958- of certain actions.
(a) anything done, any action taken, any order, appointment or rules made or any
notification issued in exercise of or in
purported exercise of any power conferred
by or under the said Act; znd
For n~lcs rrndcr section 21 (I), see Notification No. 14156-L. E. H., tlatcd thc 16th Novcmbcr 1968. published in Orissa Guzette, ddaled the 31st Jnnuary 1969, Pt. Ill . , p. 133.
10
( b ) any proceedings instituted thereunder,
shall be deemed to have been done, taken, made or issued in exercise of the powers conferred by or under this Act and, as the case may be, shall be deemed to have been instituted under this Act as if this
Act were in force on the day on which
such things was done, action was taken,
order, appointment or rules were made, notification was issued or proceedings were instituted;
(c) all such proceedings pending before the
Controller appointed under the said Act
and all appeals pending thereunder shall respectively stand transferred to the *[ Subdivisional Judicial Magistrate and the Chief Judicial Magistrate]. -- - - -.-
1. Substituted by thc Orisa House Rent + Control (Amcndmmt) ~ c t .
397.1 (Or. Act 10 of 19741, s. 5, for "Subdivlslcnal Magistrate and the
Additional District Magistrate (Judicial)" w. c. f. 1st April, 1974.
11