Section 2 Chhattisgarh Rent Control Act: Definitions

Section 2: Definitions

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).

In this Act, unless the context otherwise requires,—

(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;

(2) “Agreement” means the written agreement executed by the landlord and the tenant as required under this Act;

(3) “District” means the district as construed in Chhattisgarh Land Revenue Code, 1959;

(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;

(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;

(6) “Municipal area” means the Municipal area or Nagar panchayat area as defined under Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956) or Chhattisgarh Municipalities Act, 1961 (No. 37 of 1961), as the case may be;

(7) “Notification” refers to the relevant notification of the Government as published in the Official Gazette;

(8) “Old Act” means the Chhattigarh Accommodation Control Act, 1961 (No. XLI of 1961) with all amending acts;

(9) “Rent” means the consideration payable by the tenant to the landlord against an accommodation;

(10) “Rent Controller” means the official so appointed under sub-section (1) of Section 7 of the Act;

(11) “Rent Control Tribunal” means the body constituted under Section 6 (1) of the Act;

(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;

(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;

(14) “Tenant” means—

(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

(ii) in the event of death of the person referred to in sub-clause (i)—

(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;

(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.

Questions on this section

2 questions in 2 of our papers cite Section 2. Try these from the free papers:

1. A tenant of accommodation let out for residential purposes dies. Under Section 2(14)(ii)(a) of the Chhattisgarh Rent Control Act, 2011, which of the following persons, even if ordinarily residing with him as a member of his family up to his death, is NOT included in the definition of 'tenant'?