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Karnataka Rent Control Act, 2001 Complete Act

Title: Karnataka Rent Control Act, 2001

State: Karnataka

Year: 2001

Preamble 1 - KARNATAKA RENT CONTROL ACT, 2001 Chapter I Section 1 - Short title, extent and commencement Section 2 - Application of the Act Section 3 - Definitions Chapter II Section 4 - Registration of tenancy agreement Section 5 - Inheritability of tenancy Section 6 - Rent payable Section 7 - Standard rent Section 8 - Other charges payable Section 9 - Revision of rent in certain cases Section 10 - Notice of revision of rent Section 11 - Unlawful charges not to be claimed Section 12 - Controller to fix standard rent, etc Section 13 - Fixation of interim rent Section 14 - Limitation for application for fixation of standard rent etc Section 15 - Refund of rent, premium, etc., Section 16 - Receipt to be given for rent and other charges paid Chapter III Section 17 - Deposit of rent and other charges by the tenant Section 18 - Time limit for making deposit and consequence of incorrect particulars in application for deposit Section 19 - Saving as to acceptance of rent and other charges and forfeiture of rent in deposit Chapter IV Section 20 - Registration of Middlemen or Estate Agents Section 21 - Middlemen or Estate Agents to file information and returns Section.....

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Karnataka Rent Control Act, 2001 Section 54

Title: Offences and Penalties

State: Karnataka

Year: 2001

.....this Act,- (i) If any landlord or tenant fails to present copy of the lease agreement for registration as required under clauses (a) or (b) of sub-section (3) of section 4 or fails to file the particulars as required under the proviso thereto, he shall on conviction be punishable with fine upto two thousand rupees or with simple imprisonment for a term upto one month or with both and shall also be liable to fine of rupees five hundred for each day of continuing default till the agreement is presented or as the case may be particulars furnished ; (ii) If any person contravenes the provisions of section 11, he shall on conviction be punishable with fine which may extend to a sum which exceeds the unlawful charges claimed or received by two thousand five hundred rupees or with simple imprisonment for a term upto one month or with both ; (iii) Every middleman or Estate agent who.- (a) fails to register his name in contravention or sub-section (1) of section 20 shall on conviction be punishable with fine upto two thousand rupees or with simple imprisonment for a term upto one month or with both, and shall also be liable to fine of rupees two thousand for each day of continuing.....

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Karnataka Rent Control Act, 2001 Section 49

Title: Cutting off or Withholding Essential Supply or Service

State: Karnataka

Year: 2001

.....an order directing the landlord to restore the amenities immediately, pending enquiry referred to in sub-section (4). Explanation.- An interim Order may be passed under this sub-section without giving notice to the landlord. (4) If the Controller on inquiry finds that the essential supply or service enjoyed by the tenant in respect of the premises was cut off or withheld by the landlord without just and sufficient cause, he shall make an order directing the landlord to restore such supply or service. (5) The Controller may in his discretion direct that compensation not exceeding fifty rupees,- (a) be paid to the landlord by the tenant, if the application under sub-section (2) was made frivolously or vexatiously; (b) be paid to the tenant by the landlord, if the landlord had cut off or withheld the supply or service without just and sufficient cause. Explanation I.- In this section, "essential supply or service" includes supply of water, electricity, lights in passage and on staircases, conservancy and sanitary services Explanation II.- For the purposes of this section, withholding any essential supply or service shall include acts or omissions attributable to.....

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Karnataka Rent Control Act, 2001 Chapter VIII

Title: Miscellaneous

State: Karnataka

Year: 2001

.....of this Act. (2) The provisions made by any notification under sub-section (1) shall, subject to the provisions of sections 67 have effect as if enacted in this Act, and any such notification may be made so as to be retrospective to any date not earlier than the date of commencement of this Act- Section 69 - Transfer of pending cases On the commencement of this Act,- (1) all cases pertaining to matters in respect of which the Controller shall have jurisdiction under this Act and pending in the Court under the Karnataka Rent Control Act, 1961 shall stand transferred to the Controller and the Controller may proceed to hear such cases either de-novo or from the stage it was at the time of such transfer. (2) all cases pertaining to matters in respect of which the Court shall have jurisdiction under this Act and pending before the Controller under the Karnataka Rent Control Act, 1961 shall stand transferred to the Court and the Court may proceed to hear such cases either de-novo or from the stage, it was at the time of such transfer. Section 70 - Repeal and Savings (1) The Karnataka Rent Control Act, 1961 (Karnataka Act 32 of 1961) is hereby repealed. (2).....

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Karnataka Rent Control Act, 2001 Section 50

Title: Jurisdiction of Civil Courts Barred in Respect of Certain Matters

State: Karnataka

Year: 2001

(1) Save as otherwise expressly provided in this Act, no Civil Court shall entertain any suit or proceeding in so far as it relates to the fixation of standard rent in relation to any premises to which this Act applies or to any other matter which the Controller is empowered by or under this Act to decide, and no injunction in respect of any action taken or to be taken by the Controller under this Act shall be granted by any Civil Court or other authority. (2) Nothing in sub-section (1) shall be construed as preventing a Civil Court from entertaining any suit or proceeding to decide any question of title to any premises to which this Act applies or any question as to the person or persons who are entitled to receive the rent of such premises.

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Karnataka Rent Control Act, 2001 Section 51

Title: Proceedings by or Against Legal Representatives

State: Karnataka

Year: 2001

(1) Any application made, appeal preferred, or proceeding taken under this Act by or against any person, may, in the event of his death be continued by or against his legal representative. (2) Where any application, appeal or other proceeding would have been made, preferred or taken under this Act by or against any person such application, appeal or other proceeding may, in the event of his death, be made, preferred or taken by or against his legal representative.

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Karnataka Rent Control Act, 2001 Section 52

Title: Landlord and Tenant to Furnish Particulars

State: Karnataka

Year: 2001

Every landlord and every tenant of a building shall be bound to furnish to the Controller or any person authorised by him in that behalf, such particulars in respect of the building as may be prescribed.

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Karnataka Rent Control Act, 2001 Section 53

Title: Cognizance of Offences and Power to Prosecute

State: Karnataka

Year: 2001

(1) No Court inferior to that of a Judicial Magistrate of the First Class shall take cognizance of any offence punishable under this Act. (2) All offences under the Act shall be bailable and non-congnizable. (3) 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 the rules made thereunder.

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Karnataka Rent Control Act, 2001 Section 55

Title: Offences by Companies Etc

State: Karnataka

Year: 2001

.....liable to be proceeded against and punished accordingly : Provided that, nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed with the consent or connivance of, or that commission of the offence is attributable to any neglect on the part of any director, manager secretary or other officer such Director, Manager, Secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceded against and punished accordingly. Explanation.- For the purpose of this section,- (a) Company means any body corporate and includes a firm or other association of individuals ; and (b) director in relation to a firm means a partner in the firm.

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Karnataka Rent Control Act, 2001 Section 47

Title: Landlords Duty to Keep the Premises in Good Repair

State: Karnataka

Year: 2001

.....in good and tenantable repairs in relation to matters falling under Part A of Schedule V. Explanation.- Good and tenantable repairs under this section and under section 49 shall mean such repairs as shall keep the premises in the same condition in which it was let out, except for the normal wear and tear. (2) Where any repairs in relation to a matter falling under Part A of Schedule V without which the premises are not habitable or useable except with undue inconvenience are to be made and the landlord neglects or fails to make them within a period of three months after notice in writing, the tenant may apply to the Controller for permission to make such repairs himself and may submit to the Controller an estimate of the cost of such repairs, and, the Controller, may, after giving the landlord an opportunity of being heard and after considering such estimate of the cost and making such inquiries as he may consider necessary, by an order in writing, permit the tenant to make repairs at such cost as may be specified in the order and it shall thereafter be lawful for the tenant to make such repairs himself and to deduct the cost thereof, from the rent or otherwise recover it.....

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