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State of Odisha - Section

Section 85 in The Orissa Tenancy Act, 1913

85. Penalty.

(1)If any landlord or his agent levies from a tenant anything in money or kind in addition to or in excess of the rent or interest lawfully payable, the Collector of the district or any Deputy Collector who may be specially empowered by the State Government in this behalf may, if he is so satisfied, by order impose on the landlord or on his agent or on both, as the case may be, such penalty as such officer thinks fit, not exceeding five hundred rupees, or when double the amount or value of what is so levied exceeds five hundred rupees, not exceeding double that amount or value or simple imprisonment for a period not exceeding six months in their case.Such officer may proceed against the landlord and his agent in the same proceeding or in separate proceedings, and shall award to the tenant, by way of compensation and cost, such portion of the penalty as he thinks fit.
(2)If in any suit, application or proceeding under this Act or any other law, the Court or presiding officer has grounds for believing that any landlord is liable to a penalty under this Section, such Court or officer shall inform the Collector.
(3)A proceeding under Sub-section (1) shall be instituted -
(a)upon complaint made by a tenant, or
(b)after the receipt by the Collector of information under Sub-section (2) or on the termination of any suit, application or proceedings under this Act or any other law in the course of which the Collector has grounds for believing that the landlord is liable to a penalty under this Section:
Provided that all proceedings under this section shall be compoundable.
(4)If in any proceedings instituted under this Section, the Collector discharges any landlord or his agent, and is satisfied that the complaint or allegation of the tenant on which the proceedings were instituted is false or vexatious, the Collector may in his discretion, by his order of discharge, direct the tenant to pay to the landlord such compensation not exceeding one hundred rupees as the Collector may think fit.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.Chapter-X Miscellaneous provisions as to landlord and tenants Improvements