The Jharkhand Building (Lease, Rent & Eviction) Control Act, 2011
jharkhand · 2012
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 2Section 2 defines key terms used in the Jharkhand Building (Lease, Rent & Eviction) Control Act, 2011, including "Appellate Authority," "Building," "Commissioner," "Controller," "Deputy Commissioner," "Government," "Landlord," "Premium," and their specific meanings.
- S. 3Section exempts government buildings and certain religious charitable trusts from the Act's provisions.
- S. 4Section mandates that tenancy agreements for buildings in Jharkhand must be in writing and registered with the Controller.
- S. 5Section 5 outlines the devolution of tenancy rights upon a tenant's death to specific family members and conditions for continued possession.
- S. 6Section prohibits claiming or receiving salami, fines, or more than one month's rent in advance for building tenancy.
- S. 7Section 7 specifies the rent payable for buildings, either through written agreement or standard rent as per section 9.
- S. 8—
- S. 9Section 9 prohibits landlords from increasing rent beyond the standard rent calculated based on construction cost and land market price.
- S. 12The Controller fixes standard rent, other charges, and rent enhancements for buildings based on reasonable principles and local conditions.
- S. 13Limit tion for application for fixation of standard rent, etc
- S. 14Ref nd of rent, premium, etc
- S. 16Section 16 mandates landlords to perform required repairs and empowers tenants to deduct repair costs from rent if repairs are neglected.
- S. 17Section 17 prohibits landlords from interfering with tenant amenities and allows tenants to restore them if cut off.
- S. 18Section 18 mandates tenants to maintain building fixtures and allows landlords to seek Controller's permission to repair and recover costs if tenants fail.
- S. 19Section 19 prevents tenant eviction except by Controller's order for specific grounds like breach of tenancy or building deterioration.
- S. 20Section 20 mandates that a Controller's order to evict tenants and restore possession to the landlord is binding on all occupants.
- S. 21Section 21 outlines special procedures for landlord eviction cases based on bona fide requirements, including summons issuance and service methods.
- S. 22Section 22 ensures that section 21 and its rules take precedence over any conflicting provisions in the Act or other laws.
- S. 23Section 23 allows active/ex-servicemen of Defence Forces to reclaim their residential property if a family member is in need.
- S. 24Section 24 allows retired or soon-to-retire government employees to reclaim leased buildings for personal use.
- S. 26osit of rent by tenant on refusal of the landlord to accept of doubt or dispute as to the person entitled to receive it
- S. 27Section 27 mandates landlords to apply for rent deposits in eviction suits, with the Controller ordering monthly rent and arrears deposits, striking off defenses if tenants fail to comply.
- S. 28Deposit of rent determined by the Controller during the pendency of appeal or revision
- S. 30Section 30 allows tenants to extend their lease with landlord's consent and mandates eviction and compensation for non-vacating tenants.
- S. 31The State Government can appoint Controllers to enforce the Act, defining their local limits and roles.
- S. 32Section 32 grants the Controller authority to inspect buildings and compel witnesses and document production for inquiries under the Act.
- S. 33Section 33 outlines the procedural requirements for the Controller in handling cases under the Act, ensuring fair hearings and timely resolutions.
- S. 34The Controller must notify landlords and tenants before using powers under the Act and consider their applications.
- S. 36( 1 ) Any per on aggrieved by an order passed by the Controller may, within
- S. 37te Authority on appeal under this Act
- S. 38The section allows the Commissioner to revise orders passed by the Controller, awarding costs including compensation for expenses incurred.
- S. 39Section 39 mandates execution of Controller, Appellate Authority, and Commissioner orders and treats them as courts for judicial proceedings.
- S. 40Section 40 outlines penalties for violations of the Jharkhand Building Act, including imprisonment and fines.
- S. 41Section 41 allows affected parties to obtain certified copies of orders from the Controller, Appellate Authority, or Commissioner, which are admissible as evidence in court.
- S. 42The section prevents the Controller from reopening final decisions already made in prior proceedings between the same parties.
- S. 43The section allows the government to exempt specific buildings from the act's provisions via official notification.
- S. 44Section 44 protects individuals from legal actions for actions taken in good faith under the Act.
- S. 46Section 46 empowers the Government to make rules for various procedures under the Act, including tenancy filings, rent fixing, eviction, and cost charges.
- S. 47Repeal and Saving ,(1) The Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (Act No