Section 6: Constitution of the Rent Control Tribunal

The Chhattisgarh Rent Control Act, 2011

Section 6 shown here is the 2012 text. It was later amended by Chhattisgarh Acts No. 8 of 2014 and No. 3 of 2015 (sub-sections (2), (3) and (4) substituted, sub-sections (6) and (7) added), No. 5 of 2016 (sub-section (5)), No. 35 of 2016 (sub-section (2)) and No. 23 of 2020 (sub-sections (2) and (3) substituted, sub-section (3A) inserted). Those changes are listed on the Act page and are not shown in this text.

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 State Government shall by notification constitute, within thirty days of this Act, a Tribunal in terms of Article 323-B of the Constitution, to be called as Chhattisgarh Rent Control Tribunal, to give effect to the provisions of this Act, and for the adjudication or trial of any disputes, complaints, or offences with respect to rent, its regulation and control and tenancy issues including the rights, title and obligations of landlords and tenants.

Explanation— Matters relating to transfer of property and/or disputes regarding title over any property shall continue to be considered under relevant laws by the courts of law.

(2) The State Government in consultation with the High Court shall appoint the Chairman of the Rent Control Tribunal. District Judge not below the rank of super time scale, shall be eligible to be appointed as Chairman of the Rent Control Tribunal.

(3) The Tribunal shall have such other members as the State Government may decide from time to time, but not less than three members including the Chairman, at any time.

(4) An officer not below the rank of Deputy Secretary to the State Government shall be Member-Secretary of the Tribunal.

(5) From the date, the Tribunal becomes functional, which date shall be published in the State Gazette, the jurisdiction of all courts, except the jurisdiction of the Supreme Court under Article 136 of the Constitution, shall stand excluded in respect of all matters falling within the jurisdiction of the Tribunal:

Provided, however, that all cases pending before any court or authority immediately before the establishment of the Tribunal, shall continue to be processed under the old Act, as amended from time to time.

Questions on this section

5 questions in 3 of our papers cite Section 6. Try these from the free papers:

1. Consider the following statements about the Chhattisgarh Rent Control Tribunal under Section 6 of the Chhattisgarh Rent Control Act, 2011, as it stands after the amendments of 2014 to 2020: 1. The State Government appoints a retired High Court Judge or a retired District Judge as its Chairman. 2. The Tribunal must at all times have not less than two members. 3. If the post of Chairman remains vacant, the State Government may appoint any member as Executive Chairman. 4. Its Registrar must be an officer not below the rank of a District Judge. Which of the statements given above are correct?
2. From the date the Rent Control Tribunal becomes functional, Section 6(5) of the Chhattisgarh Rent Control Act, 2011, as amended in 2015, excludes the jurisdiction of all courts over matters within the Tribunal's jurisdiction, except that of:
3. The Chhattisgarh Rent Control Tribunal is constituted under Section 6(1) of the Chhattisgarh Rent Control Act, 2011 in terms of which Article of the Constitution of India?

Practise questions on Chhattisgarh Local Laws