Section 4 in The Bihar Buildings (Lease, Rent and Eviction) Control Rules, 1955
4.
(1)Where any rent lawfully payable by a tenant in respect to any building is to be deposited under sub-section (2) of Section 13 of the Act, he may after giving a week's notice to the parties concerned, deposit in local treasury under the head, "P-Deposits and Advances-Departmental and Judicial Deposits-Civil Deposits-Revenue Deposits, etc. - Rent Deposits under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947" ultimately payable to the landlord, to the credit of the Controller, the full amount of the rent due in respect of that building on the date of such deposit, and shall file before the Controller a copy of the treasury challan showing the amount deposited together with a statement duly signed by him containing particulars of the building, the rent thereof, the period for which the rent has been deposited, the name and address of the person to whom the rent was last paid by the tenant and of the person now claiming to receive the same and recital of the circumstances under which the deposit is made:Provided that the Controller may, from time to time, require the tenant to furnish additional particulars.(2)On receipt of the statement and treasury challan under sub-rule (1), the Collector shall serve the person or persons named in such statement or in his or their absence on any adult member of his or their families a notice of the same and fix a date on or before which the amount of rent deposited may be withdrawn by the person or persons entitled to receive the same according to the decision of the competent Court or according to any agreement between the parties:Provided that any notice required to be served under this rule, in the absence of such person or persons or any adult member of his or their families, be served by affixing to the usual or last known place of such person or persons:Provided further that the Controller may extend the date for withdrawing the deposit.(3)On receipt of the notice, the person or persons claiming to receive the rent may, at any time before the expiry of the date fixed under sub-rule (2) or extended under the proviso to that rule, apply to the Controller for the payment to him or them of the sum deposited under sub-rule (1) or prefer any objection in regard to the deposit made by the tenant.(4)On receipt of the application under sub-rule (3) the Controller may-(i)order the payment of the amount deposited to the person entitled to it on the production of a certified copy of the decision of a competent Court or a deed signifying the agreement between the parties; or(ii)fix a date for hearing the objection.(5)When the Controller has fixed a date for hearing the objection under the preceding sub-rule, he shall give a reasonable opportunity to the parties to be heard and after considering the evidence placed before him and holding such enquiry as he considers necessary, pass such order as he thinks fit.
