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Section 12: Rights and Obligations of Landlords and Tenants

The Chhattisgarh Rent Control Act, 2011

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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) Every tenant shall have rights according to Schedule 1. The Tribunal and Rent Controller(s) shall act at all times to secure to the tenant these rights.

(2) Every landlord shall have rights according to Schedule 2. The Tribunal and Rent Controller shall act at all times to secure to the landlord these rigths:

Provided that—

(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.

(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.

(3) Every landlord shall have obligations according to Schedule 3. The Tribunal and Rent Controller(s) shall act at all times to enforce upon the landlord these obligations.

(4) Every tenant shall have obligations according to Schedule 4. The Tribunal and Rent Controller(s) shall act at all times to enforce upon the tenant these obligations.

(5) Any willful attempt or act by the landlord to undermine or deny to the tenant the rights available to him in terms of Schedule 1 shall constitute an offence under this Act, punishable with fine not exceeding Rs. 5000 or simple imprisonment for a period not exceeding three months or both.

(6) Any willful attempt or act by the tenant to undermine or deny to the landlord the rights available to him in terms of Schedule 2 shall constitute an offence under this Act, punishable with fine not exceeding Rs. 5,000 or simple imprisonment for a period not exceeding three months or both.

(7) Any attempt by the landlord to neglect for unsubstantial and/or insufficient reasons the obligations enjoined upon him in terms of Schedule 3 shall constitute an offence under this Act, punishable with fine not exceeding Rs. 5,000 or simple imprisonment for a period not exceeding three months or both.

(8) Any attempt by the tenant to neglect for unsubstantial and/or insufficient reasons the obligations enjoined upon him in terms of Schedule 4 shall constitued an offence under this Act, punishable with fine not exceeding Rs. 5,000 or simple imprisonment for a period not exceeding three months or both.

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