KARNATAKA RENT CONTROL
(AMENDMENT) ACT, 1969 [1]THE KARNATAKA RENT CONTROL (AMENDMENT) ACT, 1969 [Act No. 14 of 1969] [09th July, 1969] An Act further to amend the Karnataka Rent Control Act,
1961. Whereas it is expedient further to amend the Karnataka
Rent Control Act, 1961 (Karnataka Act 22 of 1961; Be it enacted by the Mysore State Legislature in the
Twentieth Year of the Republic of India as follows:-- (1)
This Act may be called the Karnataka Rent
Control (Amendment) Act, 1969. (2)
It shall come into force on such date as the
State Government may, by notification in the Official Gazette, appoint. In sub-section
(7) of Section 2 of the Karnataka Rent Control Act, 1961 (Karnataka Act 22 of
1961) (hereinafter referred to as the Principal Act),-- (1)
for the word "building" wherever it
occurs the word "premises" shall be and shall always be deemed to
have been substituted; (2)
after clause (b), the following clauses shall
be inserted, namely:-- "(bb)
to any premises belonging to.-- (i)
a taluk development board, a town panchayat,
a village panchayat; (ii)
a municipal council or other municipal body,
including a City Improvement Trust Board, Notified Area Committee, Sanitary
Board or Town Board, having jurisdiction in any area specified in Schedule
II; (iii)
a muzrai institution or a religious or
charitable institution, under the management of the State Government; (iv)
a wakf under the management of the Karnataka
State Board of Wakfs; (bc)
to any building used or intended to be used as a godown belonging to a
Co-operative Marketing Society, a Co-operative Consumers Society or a
Co-operative Primary Service Society registered or deemed to be registered
under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of
1959)." For
clause (d) of Section 3 of the Principal Act, the following clause shall be
substituted, namely.-- "(d)
"Court" means, in respect of any local area, the Court of the Munsiff
having territorial jurisdiction in such area;". In
Section 4 of the Principal Act,-- (1)
in sub-section (1),-- (a)
after the words "give intimation",
the words 'in the prescribed Form' shall be inserted; (b)
the proviso shall be omitted. (2)
for sub-section (2), the following
sub-section shall be substituted, namely:-- "(2) ?Except
as provided in this Part, no person shall let, occupy or otherwise use any
building which becomes vacant without the landlord giving intimation under
sub-section (1) and for a period of fifteen days from the date . on which the
intimation is received by the Controller or within a period of one week after
the termination of the proceedings under Section 8, if any, whichever is later: Provided
that this sub-section shall not apply to a building in respect of which the
landlord has obtained an order for possession on any of the grounds specified
in clause (h) of the proviso to sub-section (1) of Section 21 or to any
building which has been released from requisition for the use and occupation of
the landlord himself: Provided
further that if the building is not occupied in accordance with an order for
possession under clause (h) of the proviso to sub-section (1) of Section 21, or
if the building is not occupied by the landlord after its release from
requisition, within a period of two months from the date of such order or
release, as the case may be, the landlord shall immediately after the said period
of two months or within such further time as the Controller may allow, give
intimation to the Controller in accordance with the provisions of this
sub-section and for this purpose the building shall be deemed to have become
vacant on the date of the expiry of the said period of two months". After
Section 10 of the Principal Act, the following Section shall be inserted,
namely.- "10-A.
Eviction by the Controller.-- (1)
Where in accordance with the provisions of Section
4, the vacancy of any building is required to be intimated to the Controller
and is not so intimated, and the Controller believes or has reason to believe
that any person has in contravention of sub-section (2) of Section 4 occupied
the building or any part thereof, he may by notice in writing, call upon the
person in occupation to show cause, within a time to be fixed by the
Controller, why such person should not be evicted therefrom. (2)
If the person to whom a notice was issued
under sub-section (1) fails to appear before the Controller, or having
appeared, fails to satisfy the Controller that he is entitled to remain in
occupation of the building, the Controller may, without prejudice to any other
action which may be taken against him under this Act or under any other law for
the time being in force, direct him by order in writing to vacate the building
within such period as may be specified in the order and deliver possession
thereof to the Controller. (3)
(a) Upon service of an order under sub-section
(2), the person against whom an order is made and every person claiming under
him shall vacate the building and deliver possession thereof to the Controller.
If the building is not vacated and its possession delivered to the Controller
within the period specified in the order, the Controller may summarily
dispossess the persons in occupation and take possession of the building and
thereupon the provisions of Sections 4, 5, 8, 9, and 10 shall apply to the
building as if intimation of vacancy of the building was given to the
Controller on the date on which he took possession of it. (b) ??The
provisions of sub-section (2) of Section 10 shall apply to any action taken by
the Controller under clause (a)." In
Section 13 of the Principal Act-- (1)
for the words and figures "Any person
refusing to vacate a building directed to be leased under Section 5 or Section
6", the words, figures, brackets and letters "Where possession of any
building is taken by the Controller or any officer authorised by him under
sub-section (2) of Section 10 or under clause (a) of sub-section (3) of Section
10-A, the landlord" shall be substituted; (2)
for the words "his eviction", the
words "the eviction of the landlord or any other person" shall be
substituted. In
Section 21 of the Principal Act, for sub-section (2), the following sub-section
shall be substituted, namely:-- "(2) ?No order
for the recovery of possession of any premises shall be made on the ground
specified in clause (a) of the proviso to sub-section (1), if the tenant-- (i)
complies with the provisions of Section 29; (ii)
satisfies the Court that he had sufficient
cause for the default to pay or tender the rent within the period referred to
in the said clause (a) and (iii)
pays to the landlord or deposits in the Court
such further amount, as may be determined by the. Court to be due, along with a
sum not exceeding ten per cent of the rent thereof as may be fixed by the
Court, within one month from the date of the order of the Court." After
Section 51 of the Principal Act, the following Section shall be inserted,
namely:- "51-A.
Power to prosecute.-- The
Controller or any other officer authorised by the State Government in this
behalf, may prosecute any person for contravention of any of the provisions of
this Act or any Rule made there under".
Preamble - KARNATAKA RENT CONTROL (AMENDMENT) ACT, 1969PREAMBLE