Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982

{
    "id": 15219,
    "slug": "bihar-buildings-lease-rent-eviction-control-act-1982",
    "title": "Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982",
    "short_title": "Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982",
    "act_number": "Bihar Act No. 4 of 1983",
    "act_year": 1982,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "(a) render recoverable any sum which during the continuation thereof was irrecoverable or affect the right of a tenant to recover any sum which during the continuance of the Act was recoverable by him thereunder; or\n(b) affect any liability incurred under that Act or any punishment incurred in respect of any contravention of that Act or any order made thereunder; or\n(c) affect any investigation or legal proceeding in respect of any such liability or punishment as aforesaid,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Appellate Authority\" means in respect of any local areas the Collector of the district in which such areas are situated and includes any other officer empowered by the State Government to perform the functions of an appellate authority;\n\"Appellate Authority\"\n(b) \"Building\" means any building, or hut or a part of the building or hut, ' let or to be let, separately for residential or non-residential purposes and includes-\n\"Building\"\n(i) the garden, grounds and out houses, if any, appurtenant to such building or hut or part of such building or hut, and\n(ii) any furniture supplied by the landlord for use in such building or hut or part of building or hut.\n(c) \"Controller\" means in respect of any local areas comprised within 'the limit of sub-division, the Sub-Divisional Officer Incharge of the Sub-Division, and includes any other officer appointed in this behalf by the State Govt, to perform the functions of Controller under the Act.\n\"Controller\"\n(d) \"Court\" means the court having jurisdiction under the Code of Civil Procedure, 1908 (Act V of 1908), to entertain a suit by landlord against a tenant for recovery of possession of a building in respect of which a suit or application is filed under this Act.\n\"Court\"\n(e) \"Fair Rent\" means the rent of a building determined or redetermined under sections 5, 6 & 7.\n\"Fair Rent\"\n(f) \"Landlord\" includes the person who for the time being is receiving or is entitled to receive, the rent of the building, whether on his own account or on behalf of another, or on account or on behalf of for the benefit of himself and others or as an agent, trustee, executor, administrator, receiver, guardian or who would so receive the rent, to be entitled to receive the rent, if the building were let to a tenant;\n\"Landlord\"\n(g) \"prescribed\" means prescribed by rules under this Act.\n\"prescribed\"\n(h) \"Tenant\" means any person by whom, or on whose account rent is payable for a building and includes-\n\"Tenant\"\n(i) a person continuing in possession after the termination of the tenancy in his favour; and\n(ii) a person who occupies a building as an employee of the landlord of such building either on payment of rent or otherwise;\n(iii) in the event of death of the person continuing in possession after the termination of his tenancy subject to the order of succession and condition specified, respectively, in Explanations I and II to this clause, such of the aforesaid person's-\n(a) spouse.\n(b) son or unmarried daughter or where there are both, both of them.\n(c) parents.\n(d) daughter-in-law, being the widow of a predeceased son, as had been ordinarily residing in the premises with such person as a member or members of his family up to the date of his death, but does not include any person against whom an order or decree for eviction has been made.\n(a) firstly, by his surviving spouse;\n(b) secondly, his son or unmarried daughter or both if there is no surviving spouse, or if the surviving spouse did not ordinarily reside with the deceased person as a member of his family up to the date of his death;\n(c) thirdly, his parents, if there is no surviving spouse, son or unmarried daughter of the deceased person or if such surviving spouse, son or unmarried daughter or any of them; did not ordinarily reside in the premises as a member of the family of deceased person up to the date of his death; and\n(d) fourthly, his daughter-in-law, being the widow of his pre-deceased son, if there is no surviving spouse, son, unmarried daughter or parents of the deceased person, or any of them or if such surviving spouse, son, unmarried daughter or parents or any of them did not ordinarily reside in the premises as a member of the family of deceased person up to the date of his death.\n(a) where due to Explanation II, the right of any successor to continue in possession after the termination of the tenancy, is extinguished, such extinguishment shall not affect the right of any other successor of the same category, the right to continue in possession after the termination of the tenancy shall not, on such extinguishment, pass on to any other successor specified in any lower category or categories, as the case may be.\n(b) the right of every successor referred in Explanation I, to continue in possession after the termination of tenancy shall be personal to him/ her and shall not on the death of such successor devolve on any of his heirs.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Premium, Salami, fine or advance of more than one month's rent not to be claimed or received.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Enhancement of rent of buildings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Determination of fair rent of buildings in occupation of tenants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Determination of fair rent of buildings not in occupation of tenants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Re-determination of fair rent in certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Matters to be considered in determining fair rent.",
            "chapter": null,
            "content": "(b) The fair rent of a building shall be determined in accordance with the rule framed for this purpose.\n(c) In determining the fair rent of any [xxxxx] building under section 5 or 6, the Controller shall have due regard to the prevailing rates of rent in the locality for the same or similar accommodation in similar circumstances at any time during the twelve months preceding the first day of [December, 1980] and to the increased cost of repairs, and in the case a building which has been constructed after that date, also to any general increase in the cost of site and building construction:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Directions for repairs to the building.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Landlord not to interfere with amenities enjoyed by the tenant.",
            "chapter": null,
            "content": "(i) in case such amenity has already been restored by the tenant make an order directing the landlord to pay to the tenant the cost of such restoration as determined by him within such time as may be specified in the order; and\n(ii) in any other case, direct the landlord to restore such amenity at such cost and within such time as may be determined by him and also that in case the landlord fails to do so, the amenity may be restored by the tenant at his own cost and such amount as may be specified in the order may be recovered by the tenant as the cost of the restoration either by adjustment towards the rent payable by him or as if the amount were a debt due to him by the landlord.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Eviction of tenants.",
            "chapter": null,
            "content": "(a) for breach of the conditions of the tenancy, or for sub-letting the building or any portion thereof without the consent of the landlord, or if he is an employee of the landlord occupying the building as an employee, on his ceasing to be in such employment;\n(b) where the condition of the building has materially deteriorated owing to acts of waste by, or negligence or default of the tenant or of any person residing with the tenant or for whose behaviour the tenant is responsible;\n(c) where the building is reasonably and in good faith required by the landlord for his own occupation or for the occupation of any person for whose benefit the building is held by the landlord:\n(d) where the amount of [two months] rent, lawfully payable by the tenant and due from him is in arrears by not having been paid within the time fixed by contract or in the absence of such contract, by the last day of the month next following that for which the rent is payable or by not having been validly remitted or deposited in accordance with section 16;\n(e) in case of a tenant holding on a lease for a specified period, on the expiry of the period of the tenancy; and\n(f) the landlord requires the premises in order to carry out any building work at the instance of the Government or the Municipality or Municipal Corporation or the Notified Area Committee or the Regional Development Authority or any other Authority within whose jurisdiction the building lies and such building work cannot be properly and fully carried out without the premises being vacated.\n(b) Where a building is vacated by a servant of the Government any person occupying such building other than the person referred to in clause (a) shall be liable to be evicted by the District Magistrate in such manner as may be prescribed:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Binding nature of the order of the Court on all persons in occupation of the building.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "14",
            "title": "13. The provisions of Section 14 to have overriding effect.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Special procedure for disposal of cases for eviction on ground of bonafide requirement.",
            "chapter": null,
            "content": "(ii) When an acknowledgement purporting to be signed by the tenant or his agent is received back with an endorsement purporting to have been made by a postal employee to the effect that the tenant or his agent has refused to take delivery of the registered article, the court may declare that there has been a valid service of summons.\n[14A. Special provisions for active/ex-servicemen of Military.\n(b) In addition to this, the Court shall direct to send summon to the tenant or his agent by registered post with acknowledgement and also to stick the second copy of the summon on any conspicuously visible portion of the house.\n(c) If the summon with the registered post is returned with the endorsement of the postman that the tenant or his agent has refused to take the summon, the Court after enquiry as it may think fit and being satisfied with the endorsement, may declare that the summon has been legally served on the tenant.\n(d) The tenant against whom service of summon has been declared valid, will have no right to oppose the petition of eviction till an affidavit within fifteen days of service of summon is filed mentioning the reasons on the basis of which he opposes the petition of eviction and obtains the permission of the Court on it. In case of failure of his appearance and obtaining Court's permission, the statement of the landlord or his widow, father, mother, son, grandson, or widow daughter-in-law, as the case may be, shall be deemed to be accepted by the tenant and the petitioner shall be entitled for the order of eviction of the tenant.\n(e) The Court within fifteen days of the filing of such affidavit, shall give permission to the tenant to oppose the application if the tenant has disclosed such facts which can debar the landlord, his widow, father, mother, son, grandson or widow daughter-in-law in getting back the possession of that residential house.\n(f) Where permission to oppose the application has been granted to the tenant, the Court shall not fix the date more than one month from the date of permission given to the tenant to oppose the application and hearing of the application shall continue day to day till the disposal of the case and as far as possible the decision shall be given within two months from the commencement of the hearing.\n(g) The Court shall give appropriate time to the tenant to give back the possession of the residential house to the landlord, his widow, father, mother, son, grandson or widow daughter-in-law, as the case may be, but will not extend that time altogether more than two months.\n(h) Where such proceeding of enquiry in which this section is applicable including the recording of the statements of witnesses the Court will follow the procedure of a Court of Small Causes.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Deposit of rent by tenants in suits for ejectment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Deposit of rent determined by the Controller during the pendency of appeal or revision.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. When a tenant is entitled to restoration of possession and compensation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Extension of period limited by lease.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Deposit of rent by tenant on refusal of the landlord to accept it or in case of doubt or dispute as to the person entitled to receive it.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Tenant making payment of rent entitled to receipt.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Controller to maintain list of fair rents.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Powers of Controller to make enquiries and inspections.",
            "chapter": null,
            "content": "(a) enter and inspect any building at any time between sunrise and sunset or authorise any officer subordinate to him to so enter and inspect any building:\n(b) by written order, require any person to produce for his inspection such accounts, rent receipts, books or other documents relevant to the enquiry; at such time and at such place as may be specified in the order.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Execution of orders of Controller and Commissioner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Appeal.",
            "chapter": null,
            "content": "(a) after perusing the memorandum of appeal and hearing the appellant, if necessary, summarily dismiss the appeal, or\n(b) call for the records of the case from the Controller and after examining such records and, if necessary, making such further enquiry as he thinks fit decide the appeal.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Award of costs.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Power of revision of Commissioner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Notice to landlord or tenant by Controller before exercising powers under this Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Penalties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Supply of certified copies of orders and decisions of Controller and Commissioner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Decisions which have become final not to be reopened.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "31. Protection of action taken under the Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "32",
            "title": "32. Act not to apply to buildings owned by Government and Trusts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "33",
            "title": "33. Power to make Rules.",
            "chapter": null,
            "content": "(a) the manner of depositing rent under sub-section (2) of Section 19 and the manner of service of notice of such deposit of rent on the landlord;\n(b) the form of receipt on account of payment of rent under this Act;\n(c) charging or remitting of costs and fees under this Act and the fixing of the amount or the scale of such costs and fees;\n(d) the manner of exercising the powers of revision by the Commissioner under section 26;\n(e) any other matter by this Act required or expressly or impliedly authorised, to be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "34",
            "title": "34. Repeal and saving.",
            "chapter": null,
            "content": "Notifications\nNotifications\n[S.O. 811, dated the 28th June, 1986.\nS.O. 818, dated 28th June, 1986.\nCopyright © 2016- Home | About Us | Contact Us",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        }
    ],
    "metadata": {
        "Act ID": "bh047",
        "Act Number": "Bihar Act No. 4 of 1983",
        "Enactment Date": "",
        "Act Year": "1982",
        "Short Title": "Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}