Section 11: Execution of the Order

The Chhattisgarh Rent Control Act, 2011

How current this text is

Text of the Chhattisgarh Rent Control Act, 2011 as first published in the Chhattisgarh Gazette (Extraordinary) No. 280 of 6 November 2012, from the copy on India Code; the six amending Acts listed below are printed after it in the same PDF but are not merged into the sections shown here.

The PDF prints the Act in Hindi and in English; this page gives only the English text, which is the English translation published under clause (3) of article 348 of the Constitution by the authority of the President and the Governor.

Chhattisgarh Act No. 8 of 2014 substitutes sub-section (2) of section 6 (appointment of the Chairman of the Rent Control Tribunal); not shown in this text.

Chhattisgarh Act No. 3 of 2015 substitutes sub-sections (2), (3) and (4) of section 6, adds sub-sections (6) and (7) to section 6 (seat of the Tribunal at Raipur and service conditions of its Chairman and members), inserts section 13-A (power to make rules) and, in serial number 2 of Schedule 3, replaces the reference to Form C with “such proforma as may be prescribed”; not shown in this text.

Chhattisgarh Act No. 5 of 2016 inserts “and High Courts under Articles 226 and 227” after “Article 136” in section 6(5); not shown in this text.

Chhattisgarh Act No. 35 of 2016 inserts “in consultation with the High Court” after “State Government” in section 6(2) as substituted by Acts No. 8 of 2014 and No. 3 of 2015 (the 2012 text shown here already contains those words, which the 2014 and 2015 substitutions had dropped).

Chhattisgarh Act No. 23 of 2020 substitutes sub-sections (2) and (3) of section 6 (a retired High Court Judge or retired District Judge as Chairman, and not less than two members) and inserts sub-section (3A) (an Executive Chairman while the post of Chairman is vacant); not shown in this text.

Chhattisgarh Act No. 6 of 2021 omits sub-section (2) of section 13, under which an appeal against an order of the Rent Control Tribunal lay with the Supreme Court; not shown in this text.

Schedules 1 to 4 (rights and obligations of tenants and landlords) are printed on pages 22 to 26 of the PDF and are listed here by heading only.

In section 12(2) one word of the scan is covered by a blot after “The Tribunal”; it is read here as “and”, the word used in the same sentence of sub-sections (1), (3) and (4).

(1) The Rent Controller shall, on application of any party, execute, in the manner prescribed, a final order or any other order passed under this Act by Adopting any one or more of the following modes, namely :—

(a) attachment and sale of the movable or immovable property of the opposite party;

(b) arrest and detention of the opposite party;

(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;

(d) attachment of salary and allowance of a Government Servant or employee of any Nationalized Bank, Local Authority, Corporation, Government Company;

(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.

(f) delivery of possession of the premises to the applicant.

(2) The Controller may, in order to execute the final order or any other order passed under this Act require the help from the local administration or local body or the police.

(3) If the tenant does not vacate the premises within three months of the date of issue of certificate for recovery of the possession, he shall be liable, from the date of issue of certificate for recovery of possession to pay mesne profits at the rate of 2 times the rent in case of accommodations let out for residential purposes, at the rate of 3 times the rent in case of accommodations let out for commercial purposes and at the rate of 3 times the rent in case cetificate for recovery of immediate possession has been issued.

(4) The Rent Controller shall conduct the execution proceedings in relation to a final order or any other order passed under this Act in summary manner and dispose of the application for execution made under this section within forty five days from the date of service of notice on opposite party.

Explanation— Filing of an appeal or other proceeding against the order of issue of certificate for recovery of possession or immediate possession will not save the tenant from his liability to pay mesne-profits, at the rates specified under sub-section (3), unless specifically ordered otherwise by the Appellate Rent Controller or the Court before which such an order is under challenge and if the order of issue of recovery certificate is finally maintained, the tenant shall be liable to pay mesne-profits at the rates specified under sub-section (3) from the date on which the recovery certificate was initially issued.

Questions on this section

2 questions in 2 of our papers cite Section 11.

Practise questions on Chhattisgarh Local Laws