Chhattisgarh Rent Control Act, 2011

{
    "id": 16025,
    "slug": "chhattisgarh-rent-control-act-2011",
    "title": "Chhattisgarh Rent Control Act, 2011",
    "short_title": "Chhattisgarh Rent Control Act, 2011",
    "act_number": "(Act No. 19 of 2012)",
    "act_year": 2011,
    "act_type": "STATE",
    "location": "Chhattisgarh",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Chhattisgarh Rent Control Act, 2011",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(1) \"Accommodation\" means any building or part of a building, whether residential or non-residential, leased out by the landlord to the tenant and includes open space, staircase, grounds, garden, garage and all facilities and amenities forming part of the agreement between them of any land which is not being used for agricultural purposes;\n(2) \"Agreement\" means the written agreement executed by the landlord and the tenant as required under this Act;\n(3) \"District\" means the district as construed in Chhattisgarh Land Revenue Code, 1959;\n(4) \"Habitual Defaulter\" means a tenant who fails in a period of 12 months on three or more occasions to pay in full the rent and all dues to the landlord on the due date in accordance with the agreement;\n(5) \"Landlord\" means a person who for the time being is receiving or is entitled to receive, the rent of any accommodation, 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 accommodations were let to a tenant;\n(6) \"Municipal area\" means the Municipal area or Nagar Panchayat area as defined under Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956) of Chhattisgarh Municipalities Act, 1961 (No. 37 of 1961), as the case may be;\n(7) \"Notification\" refers to the relevant notification of the Government as published in the Official Gazette;\n(8) \"Old Act\" means the Chhattisgarh Accommodation Control Act, 1961 (No. XLI of 1961) with all amending acts;\n(9) \"Rent\" means the consideration payable by the tenant to the landlord against an accommodation;\n(10) \"Rent Controller\" means the official so appointed under sub-section (1) of Section 7 of the Act;\n(11) \"Rent Control Tribunal\" means the body constituted under Section 6 (1) of the Act;\n(12) \"Repealed Act\" refers to Chhattisgarh Accommodation Control Act, 1961 (No. XLI of 1961) with all amending acts up to the date of selective repeal vide Section 10 (1) of this Act;\n(13) \"Social Nuisance\" means a tenant who frequently uses the accommodation to commit any or all of the acts listed in Serial No. 10 of the Schedule 4;\n(14) \"Tenant\" means-\n(i) the person by whom or on whose account or behalf rent is, or but for, a contract express or implied, would be payable for any accommodation to his landlord including the person who is continuing its possession after the termination of his tenancy otherwise than by an order or decree for eviction passed under the provisions of this Act; and\n(ii) in the event of death of the person referred to in sub-clause (i)-\n(a) in case of accommodation let out for residential purposes, his surviving spouse, son, daughter, mother and father who had been ordinarily residing with him in such accommodation as member of his family up to his death;\n(b) in case of accommodation let out for commercial or business purposes, his surviving spouse, son, daughter, mother and father who had been ordinarily carrying on business with him in such accommodation as member of his family up to his death.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Exemptions.",
            "chapter": null,
            "content": "(1) Any accommodation belonging to or owned by any department of Government and/or Board and/or Corporation promoted by and/or owned by the Government.\n(2) Any other building and/or category of building(s) specifically exempted in public interest by the Government through notification.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Tenancy Agreement.",
            "chapter": null,
            "content": "(a) an agreement in writing was already entered into shall be filed before the Rent Controller.\n(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 file the same before the Rent Controller;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Rent to be as agreed.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Constitution of the Rent Control Tribunal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Establishment of Rent Controller.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Powers and functions of Rent Control Tribunal.",
            "chapter": null,
            "content": "(a) Enabling and ensuring the active existence of Rent Controller(s) at all times for due fulfillment of the purposes of this Act.\n(b) Functioning as Appellate Authority, to consider applications of all person(s) aggrieved by any order of the Rent Controller.\n(2) The Rent Control Tribunal shall have powers to punish for contempt of its authority, as if it were a High Court.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Powers and functions of Rent Controller.",
            "chapter": null,
            "content": "(a) Reconciling dispute(s) between landlord and tenant.\n(b) Securing the rights of landlords and tenants as available to them under this Act.\n(c) Enforcing the obligations enjoyed upon landlords and tenants under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Procedure to be followed by Rent Controller(s) and Rent Control Tribunal.",
            "chapter": null,
            "content": "(a) summoning and enforcing the attendance of any person and examining him on oath;\n(b) requiring the discovery and production of documents;\n(c) reviewing its decision;\n(d) issuing commissions for the examination of witnesses or documents;\n(e) dismissing petition for default or deciding it ex-parte\\\n(f) setting aside any order of dismissal of any petition for default or any order passed by it ex-parte;\n(g) bringing legal representatives on record; and\n(h) any other matter as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Execution of the Order.",
            "chapter": null,
            "content": "(a) attachment and sale of the movable or immovable property of the opposite party;\n(b) arrest and detention of the opposite party;\n(c) attachment of any one or more bank accounts of the opposite party and satisfaction of the amount of order to be paid from such account;\n(d) attachment of salary and allowance of a Government Servant or employee of any Nationalized Bank, Local Authority, Corporation, Government Company;\n(e) appointing any advocate as Commissioner on such remuneration as may be fixed or deputing any officer of the Tribunal or local administration or local body for execution of the order;\n(f) delivery of possession of the premises to the applicant.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Rights and Obligations of Landlords and Tenants.",
            "chapter": null,
            "content": "(a) In case of any clash of interests of the landlord and the tenant, and/or any point of doubt in respect of matters relating to rent, the benefit thereof shall be granted to the tenant.\n(b) In case of any clash of interests of the landlord and the tenant, and/or any point of doubt in respect of matters relating to returning possession of the accommodation to the tenant, benefit thereof shall be granted to the landlord.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Appeal.",
            "chapter": null,
            "content": "[13A. Power to make rules.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Repeal and Savings.",
            "chapter": null,
            "content": "Schedule 1\n[ See Section 12 (1) of the Act]\nTenant's Rights available under the Act\nTenant's Rights available under the Act\nS. No.\nRights\n1.\nRight to receive, at the commencement of\n tenancy, a copy of the agreement.\n2.\nRight to receive receipt against payments made\n to the landlord, either by way of security deposit, rent or any\n other.\n3.\nRight to receive accommodation in a good and\n tenantable state before occupation.\n4.\nRight to enjoy quiet possession of the\n accommodation, subject to regular payment of rent, and subject\n to use of the accommodation for the purpose(s) for which it was\n leased.\nProvided in the event of death or mental in\n capacitation of the tenant, his widow/wife shall automatically\n be deemed to be the tenant, subject to her endorsing, through a\n supplemental agreement, to take upon herself, the rights and\n obligations contained in the agreement executed by her husband.\n5.\nRight to all facilities and amenities forming\n part of the accommodation, in a working and functional manner.\n6.\nRight to routine annual upkeep and face lift of\n the accommodation by the landlord, or right to get the annual\n upkeep work done against reimbursement of actual expenses by the\n landlord, subject to such reimbursement not exceeding one\n month's rent after every block of eleven months of occupancy.\n7.\nGuarantee against any willful cutting off of\n essential supplies like water and electricity by the landlord or\n his agent(s).\n8.\nSecurity of tenancy, subject to non-impingement\n upon the rights of the landlords included in Schedule 2.\nSchedule 2\n[ See Section 12 (2) of the Act]\nLandlord's Rights available under the Act\nLandlord's Rights available under the Act\nS. No.\nRights\n1.\nSecurity of title over accommodation,\n irrespective of the period of the tenant's tenancy.\n2.\nRight to demand and receive security deposit\n for an amount not exceeding three months rent.\n3.\nRight to receive rent regularly on or before\n the due date, in the manner agreed to in the agreement.\n4.\nRight to receive annual increment in rent\n according to the Agreement, which rate shall not exceed 5% in\n cases where monthly rent is Rs. 2000/- or less; and 10% in all\n other cases.\n5.\nRight to demand and receive amounts\n corresponding to any increase in the cost of utilities like\n electricity, water, etc. enjoyed by the tenant.\n6.\nRight to inspect the accommodation during\n daytime, with prior appointment of the tenant, in the presence\n of the tenant or any male adult member of his family, known to\n reside with him.\n7.\nRight to add and/or improve and/or expand\n accommodation and/or increase amenities. Provided, however, that\n if the addition/expansion was done without concurrence of the\n tenant, the landlord shall not have right to enforce increased\n rent.\n8.\nRight to undertake routine annual upkeep of the\n accommodation at a time suitable to him, or, to allow to the\n tenant the option to do the routine annual upkeep of the\n accommodation, against reimbursement of expenses, subject to\n such reimbursement not exceeding one month's rent.\n9.\nRight to make application to the Rent\n Controller seeking revision in rent and/or security deposit at\n any point of time on justifiable and substantial grounds.\n10.\nRight to apply to the Rent Controller seeking\n fair compensation from the tenant for damages caused to the\n accommodation, wilfully, negligently, or otherwise attributable\n to the tenant.\n11.\nRight to seek from the Rent Controller eviction\n of the tenant on the following grounds :\n(a) If the tenant is a habitual defaulter in payment of rent\n and/or other dues.\n(b) If the tenant causes, or allows to be caused, substantial\n damage to the accommodation, for any reason whatsoever.\n(c) If the tenant uses the accommodation for purpose(s) other\n than that for which it was leased out.\n(d) If the tenant becomes a social nuisance.\n(e) If the tenant is convicted under any section of the Indian\n Penal Code.\n(f) For carrying out major renovation work which is not possible\n with the tenant housed in.\n(g) On 3 months notice to the tenant in writing, if the\n accommodation is required for own occupation and/or occupation\n by any member of the family including spouse, parent(s), son(s),\n daughter, daughter(s)-in-law, son(s)-in-law.\n(h) On 6 months notice to the tenant in writing, without any\n obligation to assign any reason, but on the condition that the\n accommodation will not be leased out at a higher rent for\n atleast 12 months thereafter :\nProvided, however, that in case of the following special\n categories of landlords and/or their spouse desiring the\n accommodation back for own use, the period of notice shall be\n one month: current or retired government servants, widows,\n personnel of the armed forces, persons coming to physical or\n mental handicap, and senior citizens (above the age of 65\n years).\n12.\nRight to receive back the accommodation at the\n end of the tenancy in a shape and condition as good as it was at\n the start of tenancy, granting allowance for reasonable\n weathering and aging.\nSchedule 3\n[ See Section 12 (3) of the Act]\nLandlord's obligations under the Act\nLandlord's obligations under the Act\nS. No.\nObligations\n1.\nTo admit a tenant only after executing\n agreement, duly notarized, as required under this Act.\n2.\nTo file Information on [such proforma as may be prescribed] before the local\n Police Station within 7 days of admitting the tenant.\n3.\nTo give proper receipt to the tenant against\n all payments received.\n4.\nTo allow the tenant quiet enjoyment of the\n accommodation and all rights included in Schedule 1, so long as\n he fulfills his obligations set forth in Schedule 4.\n5.\nTo keep the accommodation and premises in a\n state of good and tenantable repair at all times.\n6.\nTo dovetail the system for disposal of domestic\n garbage to the system designed by the civic body and to explain\n the system clearly to the tenant at the start of tenancy.\n7.\nTo undertake with reasonable promptitude all\n major structural repairs attributable to defects in construction\n and/or natural aging of the house.\n8.\nTo provide, wherever allowed by the State\n Electricity Board, a separate and exclusive meter to record the\n electricity consumed by the tenant.\n9.\nNever to wilfully cut off essential supplies\n like water and electricity to the accommodation, or to cause\n such cut through another.\n10.\nNever to exercise right to enter accommodation\n for inspection, in the absence of the tenant or when only female\n member(s) of the family are present and are objecting to such\n entry.\n11.\nTo undertake annual upkeep of the\n accommodation, or to allow the tenant to do so by allowing him\n expenses on actual basis, subject to a maximum amount equal to\n one month's rent.\n12.\nNever to adopt or threaten to adopt\n extra-judicial methods for eviction to pressure the tenant to\n vacate the accommodation.\n13.\nTo refund security deposit to the outgoing\n tenant before closure of tenancy.\nSchedule 4\n[ See Section 12 (4) of the Act]\nTenant's obligations under the Act\nTenant's obligations under the Act\nS. No.\nObligations\n1.\nTo acknowledge at all times the title of the\n landlord over the accommodation, and to respect and honor\n without demur his rights as set forth in Schedule-2.\n2.\nTo use the accommodation only for the purpose\n for which it was leased out to him.\n3.\nNever to sub-let any portion of the\n accommodation, with or without monetary considerations, formally\n or informally, with or without the permission of the landlord.\n4.\nTo protect and safeguard the accommodation, and\n all electrical, sanitary and other fixtures forming part of the\n accommodation.\n5.\nTo attend to the minor, recurring replacements\n and repairs as may be necessary from time to time, without\n expecting reimbursement from the landlord.\n6.\nTo keep the accommodation in a clean and\n hygienic state, and not to cause air, water and/or noise\n pollution in or around the accommodation, in a manner that hurts\n peaceful coexistence.\n7.\nTo dispose of garbage in accordance with the\n system designed by the municipality, and in no case to litter it\n outside the accommodation and/or on to the road or other public\n place.\n8.\nTo pay the security deposit, rent and other\n dues fully and regularly in the manner settled with the\n landlord.\n9.\nTo compensate the landlord for any damage\n caused to the accommodation, wilfully or otherwise, except for\n natural aging and/or weathering.\n10.\nNever to become a social nuisance during\n currency of the tenancy.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 6th November, 2019 [cg211]",
        "Act Number": "(Act No. 19 of 2012)",
        "Enactment Date": "",
        "Act Year": "2011",
        "Short Title": "Chhattisgarh Rent Control Act, 2011",
        "Type": "STATE",
        "Location": "Chhattisgarh"
    },
    "updated_at": "2026-09-29 21:55:19"
}