Karnataka Rent Control Act, 2001
Karnataka Rent Control Act, 20011
[Act, No. 34 of 2001]
[22nd November 2001]
Preamble
An Act to provide for the regulation of rent and eviction of buildings, in certain areas of the State of Karnataka, and for the matters connected their with or incidental thereto.
Be it enacted by the Karnataka State Legislature in the fiftieth year of the Republic of India, as follows:-
Footnote:
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First published in the Karnataka Gazette Extraordinary on the Twenty Seventh day of November 2001.
Chapter: I - PRELIMINARY
Section 1 - Short title, extent and commencement
(1) This Act may be called the Karnataka Rent Act, 1999.
(2) It extends to the whole of the State of Karnataka.
(3) It shall come into force from such date as the State Government may, by notification, appoint and different dates may be appointed for different areas or for different provisions of this Act.
Section 2 - Application of the Act
(1) Chapters-I to III and Chapter-V to VIII of this Act shall apply to areas specified in the First Schedule.
(2) Chapters I, and IV shall apply only to areas specified in the Second Schedule.
(3) Nothing contained in this Act shall apply,-
(a) to any premises belonging to,-
(i) the State Government or the Central Government or a local authority;
(ii) a Muzarai or religious or charitable institution;
(iii) a Wakf.
Explanation.- If any doubt arises whether any institution referred to in sub-clause (ii) and (iii) above is a muzarai or religious or charitable institution or a wakf, the decision of the Divisional Commissioner shall be final.
(b) to any building belonging to a Co-operative Society registered or deemed to be registered under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959) or the Multi state Co-operative Societies Act, 1984 (Central Act 51 of 1984);
(c) to any building belonging to a Market Committee established under the Karnataka Agricultural Produce Marketing Regulation Act, 1966 (Karnataka Act 29 of 1966);
(d) to any tenancy or other like relationship created by a grant from the State Government or the Central Government in respect of any premises taken on lease or requisitioned by the State Government or the Central Government;
(e) to any premises, deemed rent on the date of commencement of this Act or the standard rent of which exceeds,-
(i) three thousand five hundred rupees per month in any area referred to in part A of the first schedule; and
(ii) two thousand rupees per month in any other area.
Explanation.- "Deemed rent on the date of commencement of this Act" shall be the rent calculated in the manner provided in section 7, together with revision, if any, as provided in section 9 and decreased in the case of premises constructed after the commencement of this Act at the same rate as the rate of enhancement stipulated in the third Schedule to reflect the position on the date of commencement of this Act;
(f) to any premises constructed or substantially renovated, either before or after the commencement of this Act for a period of fifteen years from the date of completion of such construction or substantial renovation.
Explanation-I.- A premises may be said to be substantially renovated if not less than seventy-five percent of the premises is built new in accordance with the criteria prescribed for determining the extent of renovation;
Explanation-II.- ''Date of completion of construction'' shall be the date of completion as intimated to the concerned authority or of assessment of property tax, whichever is earlier, and where the premises have been constructed in stages the date on which the initial building was completed and an intimation thereof was sent to the concerned authority or was assessed to property tax, whichever is earlier.
(g) to any premises used for non-residential purpose but excluding premises having a plinth area of not exceeding fourteen square meters used for commercial purpose;
(h) to any building or group of buildings or premises which the State Government may by notification exempt in public interest from all or any of the provisions of this Act.
(4) The State Government may by notification apply all or any of the provisions of this Act to such other areas or class of buildings within any area from such date or dates as may be specified in the notification.
(5) The State Government may at any time by notification, direct that all or any of the provisions of the Act shall cease to be applicable to any area whether or not specified in Schedules I or II, from such date as may be specified in the notification, or to any class of buildings within any area; and from that date the said provisions shall cease to be applicable to such area or class of buildings:
Provided that section 6 of the Karnataka General Clause Act, 1899 shall apply when any provision of this Act ceases to be applicable to any area or class of buildings in any area as if it had been repealed by a Karnataka Act:
Provided further that the issue of a notification under sub-section (5) shall not preclude the issue of a notification under sub-section (4) applying all or any of the provisions of the said chapter to such area or class of buildings.
Section 3 - Definitions
In this Act, unless the context otherwise requires,-
(a) "building" means any building or hut or part of a building or hut other than a farm house, let or to be let separately and includes,-
(i) the garden, grounds and out-houses, if any appurtenant to such building, hut or part of such building or hut and let or to be let along with such building or hut or part of building or hut;
(ii) any furniture or equipment supplied by the landlord for the use in such building or hut or part of a building or hut;
(iii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof, but does not include a room or other accommodation in a hotel or a lodging house;
(b) "Controller" means a Controller appointed under section 23;
(c) "Court" means,-
(i) in respect of the area comprised within the limits of the City of Bangalore, the Court of Small Causes;
(ii) in such other area as the State Government, may, in consultation with the High Court, by notification specify, the Court of Civil Judge (Senior Division)having territorial jurisdiction over such area; and
(iii) in respect of areas other than those referred to in sub-clauses (i) and (ii), the Court of Civil judge (Junior Division) having territorial jurisdiction over such area;
(d) "Family" in relation to a person means the wife or husband of such person and his or her dependent;
(e) "landlord" means a person who for the time being is receiving or is entitled to receive, the rent of any premises, 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 premises were let to a tenant;
(f) "lawful increase" means an increase in rent permitted under the provisions of this Act;
(g) "local area in relation to the premises let" means the area of jurisdiction and surrounding area as specified in the First Schedule, of the local authority within which the premises let is situate;
(h) "local authority" means,-
(i) a City Municipal Corporation constituted under the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977);
(ii) a Municipal Council or Town Panchayat constituted under the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) including a Contonment Board constituted under the Contonment Act, 1924 (Central Act 2 of 1924);
(iii) an Urban Development Authority constituted under the Karnataka Urban Development Authority Act, 1987 (Karnataka Act 14 of 1987);
(iv) a Grama Panchayat, a Taluk Panchayat or a Zilla Panchayat constituted under the Karnataka Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993);
(v) an Improvement Board constituted under the Karnataka Improvement Boards Act, 1976 (Karnataka Act 11 of 1976);
(vi) The Bangalore Development Authority constituted under the Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976); or
(vii) any other authority, as the State Government may by notification, declare to be a local authority;
(i) "premises" means,-
(i) a building as defined in clause (a);
(ii) any land not used for agricultural purpose;
(j) "public institution" includes any educational institution maintained out of State Funds or aid received out of State Funds or free hostel attached to such educational institution, library, a Government Hospital, charitable dispensary, orphanage, disabled home and destitute home;
(k) "residential purpose", "residential user" or "purpose of residence" include letting out for running a public institution;
(l) "Schedule" means a Schedule appended to this Act;
(m) "standard rent" in relation to any premises means the standard rent referred to in section 7 or where the standard rent has been increased under section 9, such increased rent;
(n) "tenant" means any person by whom or on whose account or behalf the rent of any premises, is or but for a special contract would be, payable, and includes,-
(i) a sub-tenant;
(ii) any person continuing in possession after the termination of his tenancy, but does not include any person to whom a licence as defined in section 52 of the Indian Easements Act, 1882 (Central Act 5 of 1882) has been granted;
(o) "urban area" means the areas specified in the First or Second Schedule
Chapter: II - REGULATION OF RENT
Section 4 - Registration of tenancy agreement
(1) Notwithstanding anything contained in section 107 of the Transfer of Property Act, 1882 (Central Act 4 of 1882), no person shall, after the commencement of this Act, let or take on rent any premises except by an agreement in writing.
(2) Every agreement referred to in sub-section (1) or required to be registered under sub-section (3) shall be registered under the...
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