Chhattisgarh Rent Control Act 2011 MCQ Quiz in বাংলা - Objective Question with Answer for Chhattisgarh Rent Control Act 2011 - বিনামূল্যে ডাউনলোড করুন [PDF]

The correct answer is Option 4

Key Points Section 6(1) explicitly states that the Tribunal is constituted under Article 323-B of the Constitution, which empowers states to create tribunals for adjudicating specific matters such as rent, tenancy, and landlord-tenant disputes. 
Section 6

Establishment of the Tribunal
Within thirty days of the Act coming into force, the State Government must issue a notification constituting a Tribunal under Article 323-B of the Constitution.
This Tribunal is formally referred to as the Chhattisgarh Rent Control Tribunal.
Purpose:

It is intended to give effect to the provisions of the Act, adjudicate disputes or complaints, and try offences pertaining to rent, rent regulation, and tenancy issues—covering the rights, title, and obligations of landlords and tenants.
Explanation Clause:

Disputes regarding transfer of property or title to property remain under the jurisdiction of regular courts and relevant property laws, rather than the Tribunal.
2. Appointment of the Chairman
The Chairman is appointed by the State Government in consultation with the High Court.
To be eligible, a person must be at least a District Judge of super time scale (i.e., of sufficiently senior rank in the judicial service).
3. Composition and Membership
The Tribunal must have not fewer than three members at any given time, including the Chairman.
The State Government can decide how many additional members to appoint, as needed.
4. Member-Secretary
An officer not below the rank of Deputy Secretary in the State Government will serve as the Member-Secretary of the Tribunal.
5. Exclusion of Other Courts’ Jurisdiction
On the date the Tribunal becomes functional—which must be announced in the State Gazette—the jurisdiction of all courts (except the Supreme Court’s jurisdiction under Article 136 of the Constitution) is excluded for matters within the Tribunal’s scope.
Any cases already pending before other courts or authorities prior to the Tribunal’s establishment will continue under the old legal framework, ensuring that proceedings are not abruptly disrupted.

The correct answer is Option 3

Key Points Section 4 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 accommodation except by an agreement in writing.

(2) Where, in relation to a tenancy created before the commencement of this Act,—

(a) an agreement in writing was already entered into shall be filed before the rent Controller.

(b) no agreement in writing was entered into, the landlord and the tenant shall enter into an agreement in writing with regard to that tenancy and file the same before the Rent Controller:

Provided that where the landlord and the tenant fail to present jointly a copy of tenancy agreement under clause (a) or fail to reach an agreement under clause (b) such landlord and the tenant shall separately file the particulars about such tenancy.

Key Points

 Title of the Act: The excerpt explicitly names the legislation as "The Chhattisgarh Rent Control Act, 2011".

Act Number: It is stated to be "(No. 19 of 2012)"

Objective / Purpose:

• The Act aims to provide a framework for the adjudication of matters relating to rent.
• It sets up a Tribunal (Rent Control Tribunal or similar body) to handle disputes between landlords and tenants more efficiently.
• It seeks to promote leasing of accommodation by creating a fair balance between the interests of landlords (who provide accommodation) and tenants (who occupy it).
• Legislative Authority: The text states “Be it enacted by the Chhattisgarh Legislature in the Sixty-second year of the Republic of India …”, which situates the passing of the Act in a particular legislative session.

Key:

• Legal Adjudication: Introducing a formal mechanism (Tribunal) for resolving rent-related disputes.
• Balance of Interests: Encouraging a legal environment that is not skewed entirely in favor of either landlords or tenants.
• Promotion of Tenancy: By clarifying rights and reducing uncertainties, the Act is meant to encourage more people to lease out properties.

The correct answer is option 1.

Key Points 

Explanation:

Execution of the Order (Section 11) outlines the methods that the Rent Controller can employ to enforce or execute a final order or any other order passed under the Chhattisgarh Rent Control Act, 2011:

1. Modes of Execution: The Rent Controller can adopt any of the following methods to execute the order:
   • Attachment and sale of the movable or immovable property of the opposite party.
   • Arrest and detention of the opposite party.
   • Attachment of bank accounts to satisfy the amount of the order.
   • Attachment of salary and allowances of a Government servant or employee of a nationalized bank, local authority, corporation, or government company.
   • Appointing an advocate as Commissioner or deputing any officer for execution.
   • Delivery of possession of the premises to the applicant.
2. Assistance from Local Authorities: The Rent Controller may also seek assistance from local administration, local bodies, or police to help execute the order.
3. Mesne Profits:
   • If the tenant does not vacate the premises within three months after a certificate for recovery of possession is issued, they are liable to pay mesne profits at different rates (twice the rent for residential, three times the rent for commercial purposes).
4. Summary Manner of Execution:
   • Execution proceedings should be conducted in a summary manner, and the application for execution must be disposed of within 45 days from the date of notice service.
5. Liability of Tenant:
   • Filing an appeal will not save the tenant from the liability to pay mesne profits unless specifically ordered by the Appellate Rent Controller or the Court.

The correct answer is option 2.

Key Points 

Explanation:

Procedure to be followed by Rent Controller(s) and Rent Control Tribunal (Section 10):

1. Not bound by Civil Procedure Code: The Rent Controller and the Rent Control Tribunal are not strictly bound by the procedures laid out in the Code of Civil Procedure (CPC), 1908. However, they must act in accordance with the principles of natural justice and adhere to the provisions of the Chhattisgarh Rent Control Act, 2011 and the rules made under it.
2. Powers Similar to Civil Court: For the purposes of carrying out their functions under this Act, both the Rent Controller and the Rent Control Tribunal possess the same powers as a Civil Court under the CPC, 1908. These powers include:
   • Summoning and enforcing attendance of individuals and examining them under oath.
   • Requiring the discovery and production of documents.
   • Issuing commissions for the examination of witnesses or documents.
   • Reviewing their decisions (allowing them to reconsider their decisions if necessary).
   • Dismissing petitions for default or deciding them ex-parte (if a party fails to appear).
   • Setting aside orders of dismissal or ex-parte - decisions under certain circumstances.
   • Bringing legal representatives on record.
3. Adjournment: The Rent Control Tribunal does not grant adjournments automatically. Any party seeking an adjournment must make a written application and provide reasons, which must be recorded by the Tribunal.
4. Judicial Proceedings: Any proceeding before the Rent Control Tribunal or Rent Controller is considered a judicial proceeding under the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC). This ensures that the proceedings are treated seriously, and there are legal consequences for dishonesty or misconduct in these proceedings.

The correct answer is option 2.

Key Points 

Explanation:

Powers and Functions of the Rent Controller (Section 9):

1. Powers and Functions:
   • The Rent Controller is empowered by the State Government to exercise a variety of functions within their territorial jurisdiction. The State Government defines the scope of these powers through a notification.
   • The Rent Controller's specific functions include:
     • Reconciling disputes between landlords and tenants, aiming to resolve conflicts and disagreements between the two parties.
     • Securing the rights of landlords and tenants as guaranteed by the Chhattisgarh Rent Control Act, 2011.
     • Enforcing obligations that are imposed on landlords and tenants under this Act, ensuring that both parties fulfill their legal responsibilities.
2. Timeframe for Proceedings:
   • According to the Act, proceedings before the Rent Controller must ordinarily conclude within six months from the first appearance of the respondent or from when the respondent is set ex-parte (in case they fail to appear). This ensures that the disputes are handled efficiently and within a reasonable time frame.

The correct answer is option 3.

Key Points

Explanation:

Constitution of the Rent Control Tribunal (Section 6):

1. Formation:
   • The State Government is required to constitute the Chhattisgarh Rent Control Tribunal by notification within 30 days of the enactment of the Act. The Tribunal will handle disputes related to rent regulation, tenancy issues, and the rights, titles, and obligations of landlords and tenants.
2. Chairman Appointment:
   • The Chairman of the Tribunal must be a retired Judge of the High Court or a serving/retired District Judge not below the rank of Super Time Scale.
3. Members and Registrar:
   • The Tribunal will have members with qualifications prescribed by the State Government.
   • The Registrar of the Tribunal will be an officer not below the rank of Civil Judge Class-I or Deputy Secretary to the State Government.
4. Jurisdiction:
   • From the date the Tribunal becomes functional, the jurisdiction of all courts, except the Supreme Court under Article 136 and High Courts under Articles 226 and 227, will be excluded regarding matters within the Tribunal’s jurisdiction.
5. Headquarters and Hearing Locations:
   • The headquarters of the Tribunal is located in Raipur. However, the State Government can designate other places for hearing matters.
6. Terms and Conditions:
   • The State Government will prescribe the terms and conditions for the Chairman and members of the Tribunal.

The correct answer is Option 1.

Key Points 

Explanation:

Section 14 of the Court-fees Act, 1870 outlines the conditions for the refund of court fees in cases where an application for review of judgment is filed:

• Refund Condition:
  • If an application for review of judgment is filed after the 90-day period from the date of the decree, the applicant can request a refund of the court fee.
  • The court may grant the refund if the delay in filing the review application was not caused by the applicant’s laches (i.e., if the delay was not due to the applicant's own negligence or fault).
• Refund Amount:
  • The applicant will be entitled to a refund of the court fee, but the refund is limited to the amount exceeding the fee that would have been payable if the application for review had been filed within the 90-day period.
• Discretion of the Court:
  • The decision to grant a refund is at the discretion of the court. The court will assess whether the delay was caused by the applicant's own fault and whether the circumstances justify the refund.

The correct answer is option 2.

Key Points 

Explanation:

     Powers vested by the Government:

• The Rent Control Tribunal is granted powers by the State Government through a notification.
• These powers include:
  • Ensuring the active existence of Rent Controllers to fulfill the purposes of the Act.
  • Functioning as the Appellate Authority, meaning it hears and considers appeals from persons aggrieved by the orders of the Rent Controllers

    Appellate Jurisdiction:

• The Rent Control Tribunal acts as an Appellate Authority in relation to disputes or orders made by the Rent Controllers. This is a key power of the Tribunal, as it allows individuals to challenge decisions made at the district level.

   Contempt Powers:

• The Rent Control Tribunal is also empowered to punish for contempt of its authority, similar to the powers of the High Court. This ensures that its orders are complied with and that it maintains its authority over rent control matters.

The correct answer is option 1.

Key Points 

Explanation:

• Appointment:
  • The State Government shall appoint one or more officers as Rent Controllers for each district.
  • The officers appointed must be of a rank not below that of a Deputy Collector.
• Jurisdiction:
  • The territorial jurisdiction of each Rent Controller will be specified by the District Collector.
• Subordination:
  • The Rent Controller is subordinate to the Rent Control Tribunal, meaning they operate under the guidance and authority of the Tribunal for matters related to the administration of rent control.