Sec 41 to 47 (Chapter IX Miscellaneous)The Jharkhand Buildings (Lease, Rent and Eviction) Control Act, 2011

41. Certified copies of orders and decisions of Controller, Appellate Authority and Commissioner

Any person affected by any order of the Controller or any decision of Appellate Authority on appeal or any order of the Commissioner in revision made or passed under this Act shall be entitled to be furnished with a coy thereof duly certified by the Controller, the Appellate Authority or the Commissioner as the case may be, to be a true copy on payment of such fee as may be prescribed; and such copy shall be admissible as evidence in any Court of Law to prove the order of the Controller, the decision of the Appellate Authority on appeal or the order of the Commissioner on revision, as the case may be.

42. Decision which has become final not to be reopened

The Controller shall summarily reject any application which raises substantially the same issue as have been heard and finally decided in a former proceeding under this Act between same parties under whom they or any of them claim.

43. Exemptions

Notwithstanding anything in this Act, the Government may, by notification in the Official Gazette, exempt subject to such conditions and terms, if any, as they may specify in the notification, any building or class of buildings from operation of all or any of the provisions of this Act.

44. Protection of action taken under the Act

(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any order made or deemed to have been made under this Act. 

(2) No suit or other legal proceeding shall lie against the Government for any damage which is in good faith done or intended to be done in pursuance of any order made or deemed to have been made under this Act

45. Power to make Rules

(1) The State Government may make rules for carrying out the purposes of this Act.

(2) in particular and without prejudice to the generality of the foregoing powers, such rule may provide for all or any of the following maters, namely:

(a) the form, the manner and the time in which particulars of tenancy have to be filed before the Controller under proviso to sub-section 92) of section 4;

(b) the manner in which an application is made to the Controller to fix standard rent under section 12;

(c) the form in which receipt for payment of rent is issued by the landlord under sub-section (1) of section 15;

(d) the manner of eviction of a person unauthorisedly in occupation of a building by the Collector under sub-section (2) of section 19

(e) the manner of depositing rent under sub-section (5) of section 26;

(f) the manner ofholding enquiry by the Controller under section 33;

(g) charging or remitting of costs and fees under this Act and fixing of the amount or the scale of such costs and fees;

(d) the manner of exercising the powers of revision by the Commissioner under section 37; and

 

(e) any other matter by this Act required or expressly or impliedly authorized to be prescribed.

46. Power to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, in consequence of the transition to the said provisions from the corresponding provisions of the Act, which was in force immediately before the commencement of this Act, the Government may, by order in the Official Gazette, issue such orders or instructions as appear to them to be necessary or expedient for removing the difficulty.

(2) If any difficulty arises in giving effect to the provisions of this Act (otherwise than in relation to the transition from the provisions of the Act. which was in force immediately before the commencement of this Act), the Government may, by order in the Official Gazette, make such orders or instructions, not inconsistent with the purposes of this Act, as appear to them to be necessary or expedient for removing the difficulty.

 

(3) The Provision of this Act shall not affect the provisions in Chhotanagpur Tenancy Act, 1908 and Santhal Pargana Tenancy Act. 1949 in any manner.

47. Repeal and Saving

(1) The Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (Act No.4 of 1983) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken in exercise of any powers conferred by or under the said Act shall be deemed to have been done or taken in exercise of powers conferred by or under this Act as if this Act were in force on the day on which such thing or action was done or taken.