Karnataka Rent Control Act, 2001 Section 2 - Bare Act |
| State | Karnataka Government |
| Year | 2001 |
| Section Title | 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.