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State of Odisha - Section

Section 67 in The Orissa Tenancy Act, 1913

67. Penalties and fine for withholding receipts and statements of account and failing to keep counterparts.

(1)If a landlord, without reasonable cause, refuses or neglects to deliver to a tenant a receipt, containing the particulars prescribed by Section 65, for any rent paid by the tenant, the tenant may, within three months from the date of payment, institute a suit to recover from him such penalty, not exceeding the amount or value of that rent, as the Court thinks fit.
(2)If a landlord, without reasonable cause, refuses or neglects to deliver to a tenant demanding the same either the receipt in full discharge or, if the tenant is not entitled to such a receipt, the statement of account for any year prescribed in Section 66, the tenant may, within the next ensuing agricultural year, institute a suit to recover him such penalty as the Court thinks fit, not exceeding double the aggregate amount or value of all rent paid by the tenant to the landlord during the year for which the receipt or account should have been delivered.
(3)If a landlord or his agent, without reasonable cause, fails to deliver to the tenant a receipt or statement, or to prepare and retain a counterfoil or copy of a receipt or statement, as required by either of the said sections, such landlord or agent, as the case may be, shall be liable to fine not exceeding fifty rupees, to be imposed, after summary inquiry, by the Collector.
(4)The Collector may hold a summary inquiry under Sub-section (3) either on his own motion or on information received from a Revenue Officer within one year, or upon complaint of the party aggrieved made within three months from the date of failure, or upon the report of a Civil or Revenue Court made as provided in Sub-section (6).
(5)Nothing in Sub-sections (3) and (4) shall apply if the tenant has already instituted a suit under Sub-section (1) or Sub-section (2).
(6)If, in any suit or other proceeding under this Act or under any other law, the Court or presiding officer (not being the Collector) finds that any landlord or agent has failed -
(a)to deliver to a tenant a receipt in the prescribed form, or
(b)to prepare and retain a counterfoil, in the prescribed form of a receipt delivered to a tenant as aforesaid;
such Court or officer shall inform the Collector.
(7)Where, in any case instituted under Sub-section (1), the Collector discharges any landlord or agent, and is satisfied that the complaint of the tenant on which the proceedings were instituted is false or vextious, the Collector may, in his discretion, by his order of discharge, direct the tenant to pay such landlord or agent, such compensation, not exceeding fifty rupees, as the Collector thinks fit.
(8)An appeal shall lie to the Collector of the district from any order passed under Sub-section (3) or Sub-section (7), by an officer subordinate to him, and his order on appeal shall, subject to any order which may be passed by the Commissioner on revision, be final :Provided that an appeal shall lie to the Commissioner from any order passed by the Collector of the district under Sub-section (3) or Sub-section (7), and the order of the Commissioner on appeal, shall be final.
(9)Any fine imposed or compensation awarded under this Section may be recovered in the manner provided by any law for the time being in force for the recovery of a public demand.
(10)For the purpose of an inquiry under this Section, the Collector shall have power to summon and enforce the attendance of witnesses, and compel the production of documents, in the same manner as is provided in the case of a Court by the Code of Civil Procedure, 1908 (V of 1908).