The Uttarakhand Tenancy Act, 2021

THE UTTARAKHAND TENANCY ACT, 2021 Clauses CHAPTER – I Preliminary 1 Short title, Extent and Commencement 2 Definitions 3 Act not to apply to certain premises CHAPTER II Tenancy 4 Tenancy agreement 5 Period of tenancy 6 Rights and obligations of successor in case of death 7 Restriction on subletting CHAPTER – III Rent 8 Rent payable 9 Revision of rent 10 Rent Authority to determine the revised rent in case of dispute 11 Security deposit CHAPTER IV Rights and obligations of landlord and tenant 12 Original tenancy agreement to be retained by landlord and tenant 13 Rent and other charges payable and receipt for payment thereof 14 Deposit of rent with Rent Authority 15 Repair and maintenance of property 16 Tenant to look after premises 17 Entry into premises. 18 Information as to property manager 19 Duties of property manager and consequences of violation 20 Withholding essential supply or service CHAPTER V Eviction and recovery of possession of premises by the landlord 21 Eviction and recovery of possession of premises by landlord 22 Eviction and recovery of possession of premises in case of death of landlord Page 1 of 28 23 Enhancement of rent in case of refusal by tenant to vacate 24 Refund of advance rent by landlord 25 Payment of rent during eviction proceedings 26 Permission to build additional structures 27 Special provision regarding vacant land 28 Vacant possession to landlord 29 Provisions regarding notice of giving up possession by tenant CHAPTER VI Rent Authorities, their powers and appeals 30 Rent Authority 31 Power and procedure of Rent Authority 32 Appeals CHAPTER VII Rent courts and rent tribunals 33 Rent court 34 Rent Tribunal 35 Procedure to be followed in Rent Court and Rent Tribunal 36 Power of Rent Court and Rent Tribunal 37 Appeal to Rent Tribunal 38 Execution of order CHAPTER VIII Miscellaneous 39 Officers and other employees of Rent Authority, Rent Court and Rent Tribunal 40 Jurisdiction of civil courts barred in certain matters. 41 Court fees 42 Members, etc., to be public servants 43 Protection of action taken in good faith 44 Power to make rules. 45 Laying of rules 46 Power to remove difficulties 47 Repeal and savings. First Schedule Second Schedule Page 2 of 28 UTTRAKHAND TENANCY ACT, 2021 ACT NO. 02 of 2022 An Act to establish Rent Authority to regulate renting of premises and to protect the interests of landlords and tenants and to provide speedy adjudication mechanism for resolution of disputes and matters connected therewith or incidental thereto. BE it enacted by the Uttarakhand State Legislative Assembly in the Seventy- Second Year of the Republic of India as follows:–– CHAPTER I PRELIMINARY Short title, extent and 1. (1) This Act may be called the Uttarakhand Tenancy Act, 2021. commencement (2) It extends to the whole of the Uttarakhand. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provision of this Act. Definitions. 2. In this Act, unless the context otherwise requires,–– (a) “landlord”, whether called landowner or lessor or by any other name, means a person who receives or is entitled to receive, the rent of any premises, on his own account, if the premises were let to a tenant, and shall include –– (i) his successor-in-interest; and (ii) a trustee or guardian or receiver receiving rent for any premises or is entitled to so receive, on account of or on behalf of or for the benefit of, any other person such as minor or person of unsound mind who cannot enter into a contract; (b) “local authority” means a Village Panchayat or Panchayat Samiti or Zila Parishad or a Municipal Corporation or a Municipal Council or a Nagar Panchayat or a Planning or Development Authority, by whatever name called, or the Cantonment Board, or as the case may be, a civil area committee appointed under section 47 of the Cantonment Act, 2006 (41of 2006) or such other body entitled to function as a local authority in any city or town, constituted under any law for the time being in force; (c) “notification” means a notification published in the Official Gazette of the State and the expression “notify” with its grammatical variations and cognate Page 3 of 28 expressions shall be construed accordingly; (d) “premises” means any building or part of a building which is, or is in- tended to be, let on rent for the purpose of residencial or commercial use ex- cept for hotel, lodging house, dharamshala, inn and for industrial use but in- cludes– (i) garden, garage or closed parking area, vacant land, grounds and out- houses, if any, appertaining to such building or part of the building; and (ii) any fitting to such building or part of the building for the more bene- ficial enjoyment thereof; (e) “prescribed” means prescribed by rules made by the Uttarakhand State Government under this Act; (f) “property manager” means a person or any legal entity including rental agent who is authorized by the landlord to manage the premises and who represents the landlord in his dealings with the tenant; (g) “rental agent” means any person, who negotiates or acts on behalf of landlord or tenant or both in a transaction of renting of any premises and re- ceives remuneration or fees or any other charges for his services whether as a commission or otherwise and includes a person who introduces, through any medium, prospective landlord and tenant to each other for negotiation for renting of premises and includes property dealers, brokers or middle- men, by whatever name called; (h) “Rent Authority” means an officer appointed under section 30; (i) “Rent Court” means a Rent Court constituted under section 33; (j) “Rent payable” in relation to any premises means the rent as specified in section 8; (k) “Rent Tribunal” means a Rent Tribunal constituted under section 34; (l) “Schedule” means a schedule annexed to this Act; (m) “State” means the State of Uttarakhand (n) “State Government” means the Government of State of Uttarakhand (o) “Sub-tenant” means a person to whom the tenant sublets whole or part of the premises held by him or transfers or assigns his rights accrued under the tenancy agreement or any part thereof upon entering into a supplemen- tary agreement to the existing tenancy agreement; (p) “Tenant”, whether called lessee or by any other name, means a person by whom or on whose account or on behalf of whom, the rent of any prem- ises is payable to the landlord under a tenancy agreement and includes any person occupying the premises as a sub-tenant and also, any person continu- ing in possession after the termination of his tenancy whether before or after the commencement of this Act; but shall not include any person against whom any order or decree for eviction has been made. Page 4 of 28 Act not to 3. (1) Nothing in this Act shall apply to any–– . apply to (a) premises owned or promoted by the Central Government or State Gov- certain premises ernment or local authority or a Government undertaking or enterprise or a statutory body or Cantonment Board; (b) premises owned by a company, University or organization given on rent to its employees as part of service contract; (c) premises owned by religious or charitable institutions as may be speci- fied, by notification by the State Government; (d) premises owned by auqaf registered under the Waqf Act, 1995 (43 of 1995) or by any trust registered under the public trust law of the State for the time being in force; (e) other building or category of buildings specifically exempted in public interest by notification by the State Government. (2) Notwithstanding anything contained in sub-section (1), if the owner and tenant of the premises referred to in clause (a) to clause (e) of the said sub- section agrees that the tenancy agreement entered into between such landlord and tenant be regulated under the provisions of this Act, such landlord may inform the Rent Authority of the agreement to do so at the time of information of the tenancy agreement under section 4. CHAPTER II TENANCY Tenancy 4. (1) Notwithstanding anything contained in this Act or any other law for agreement the time being in force, no person shall, after the commencement of this Act, let or take on rent any premises except by an agreement in writing, which shall be informed to the Rent Authority by the landlord and tenant jointly, in the form specified in the First Schedule within a period of two months from the date of tenancy agreement. (2) Where the landlord and the tenant fail to jointly inform the execution of the tenancy agreement referred to in sub-section (1), the landlord and tenant shall separately inform the execution of tenancy agreement to the Rent Au- thority within a period of one month from the date of expiry of the period specified in sub-section (1). (3) The Rent Authority shall, within three months from the date of its ap- pointment, put in place a digital platform in the local vernacular language or the language of the State/Union territory for enabling submissions of docu- ment in such form and manner as may be prescribed. (4) The Rent Authority shall, after receiving information about the execu- tion of tenancy agreement along with the documents specified in the First Schedule,–– Page 5 of 28 (a) provide a unique identification number to the parties; and (b) upload details of the tenancy agreement on its website in local ver- nacular language or the language of the State/Union territory, within seven working days from the date of receipt of such information, in such manner along with such documents as it may deem fit. (5) The terms of authorisation of the property manager, if any, by the land- lord to deal with the tenant shall be such as agreed to by the landlord and tenant in that behalf in the tenancy agreement. (6) The information provided under sub-section (1) and sub-section (2) shall be conclusive proof of the facts relating to tenancy and matters connected therewith, and in the absence of any statement of information, the landlord and the tenant shall not be entitled to any relief under the provisions of this Act. 5. (1) Every tenancy entered into after the commencement of this Act shall be valid for a period as agreed upon between the landlord and the tenant and Period of as specified in the tenancy agreement. tenancy. (2) The tenant may request the landlord for renewal or extension of the ten- ancy, within the period agreed to in the tenancy agreement, and if agreeable to the landlord, may enter into a new tenancy agreement with the landlord on mutually agreed terms and conditions. (3) Where a tenancy for a fixed term ends and has not been renewed or the tenant fails to vacate the premises at the end of such tenancy, then such ten- ant shall be liable to pay an enhanced rent to the landlord as provided in sec- tion 23. Provided that notwithstanding anything contained in this section, if the term of tenancy expires at a time when the locality where the premises let out on rent is situated is affected by any disastrous event of force majeure, then, subject to requisition by the tenant, the landlord shall allow the tenant to continue in possession of the said premises till a period of one month from the date of cessation of such disastrous event on the same terms and conditions of the tenancy agreement already entered into. Explanation.–– For the purposes of this section, “force majeure” means a situation of war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the habitation of the tenant in the premises let out on rent. 6. The terms of agreement executed between landlord and tenant, shall be binding upon their successors in the event of the death of the landlord or Rights tenant, as the case may be, and in such case, the and successors of the deceased landlord or tenant shall have the same obligatio ns of successor in case of death Page 6 of 28 rights and obligations as agreed to in the tenancy agreement for the remaining period of such tenancy. 7. (1) After the commencement of this Act, no tenant shall, except by en- tering into a supplementary agreement to the existing tenancy agreement, (a) sub-let whole or part of the premises held by him as a tenant; (b) transfer or assign his rights in the tenancy agreement or any part thereof. (2) Where the premises is sub-let upon entering into a supplementary agreement to the existing tenancy agreement as referred to in sub- section (1), the landlord and tenant shall jointly inform the Rent Authority about the sub-tenancy within a period of two months from the date of execution of such agreement in the Form specified in the First Schedule. CHAPTER III RENT 8. The rent payable in respect of a premises shall be the rent agreed to be- tween the landlord and the tenant in accordance with the terms of the ten- ancy agreement. Rent payable. 9. (1) The revision of rent between the landlord and the tenant shall be in accordance with the terms of the tenancy agreement. (2) Where, after the commencement of tenancy, the landlord has entered into an agreement in writing with the tenant prior to the commencement of the work and has incurred expenditure for carrying out improvement, Revision of rent. addition or structural alteration in the premises occupied by the tenant, which does not include repairs necessary to be carried out under section 15, the landlord may increase the rent of the premises by an amount as agreed to between the landlord and the tenant, and such increase in rent shall become effective from one month after the completion of such work. 10. In case of any dispute between landlord and tenant regarding revision of rent, the Rent Authority may, on an application made by the landlord or tenant, determine the revised rent and other charges payable by the tenant and also fix the date from which such revised rent becomes payable. 11. (1) The security deposit to be paid by the tenant in advance shall be such as may be agreed upon between the landlord and the tenant in the Rent Authority to tenancy agreement, which shall –– determine the revised rent in case of dispute. Security deposit. Page 7 of 28 (a) not exceed two months rent, in case of residential premises; and (b) not exceed six months rent, in case of non-residential premises. (2) The security deposit shall be refunded to the tenant on the date of taking over vacant possession of the premises from the tenant, after making due deduction of any liability of the tenant. CHAPTER IV RIGHTS AND OBLIGATIONS OF LANDLORD AND TENANT 12. The tenancy agreement shall be signed in duplicate by both the land- Original tenancy agreement to be lord and tenant, and one each of such original signed tenancy agreement retained by shall be retained by the landlord and tenant. landlord and tenant. 13. (1) Every tenant shall pay rent and other charges payable within such Rent and other charges payable period as agreed to in the tenancy agreement. and receipt for payment thereof. (2) Every landlord or his property manager shall, on receipt of pay- ment towards rent and other charges payable within the stipulated period as in the tenancy agreement from the tenant, provide forthwith against acknowledgement, a duly signed receipt for the amount re- ceived by him: Provided that where the payment of rent or other charges is made by the tenant to the landlord through the electronic mode, the bank acknowledgment thereof shall be conclusive proof of such payment. 14. (1) Where the landlord refuses to accept any rent and other charges Deposit of rent payable or refuses to give a receipt, the rent and other charges shall be with Rent Authority. paid to the landlord by postal money order or any other method, in such manner as may be prescribed, consecutively for two months, and if the landlord refuses to accept the rent and other charges within such period, then the tenant may deposit the same with the Rent Authority in such manner as may be prescribed. (2) Where the tenant is unable to decide to whom the rent is payable dur- ing the period of tenancy agreement, the tenant may, in such case, deposit the rent with the Rent Authority in such manner as may be prescribed. (3) Where the rent is deposited under sub-section (1) or sub-section (2), the Rent Authority shall enquire the case as to whom the rent is payable and pass orders as may deem fit on the basis of the facts of the case. (4) The withdrawal of rent and other charges payable, deposited Page 8 of 28 under sub-section (1) or sub-section (2), shall not by itself operate as an admission against the landlord or any other claim made by the tenant, if the landlord withdraws it to the extent of rent agreed upon under the tenancy agreement. Repair and 15. (1) Notwithstanding any agreement in writing to the contrary, the maintenance of property. landlord and the tenant shall keep the premises in as good a condition as at the commencement of the tenancy, except for normal wear and tear, and shall respectively be responsible to repair and maintain the said prem- ises as specified in the Second Schedule or as agreed to in the tenancy agreement. (2) In case of common facilities shared among the tenants or with the land- lord, the respective responsibilities of the tenant and landlord to repair and maintain those facilities shall be such as may be specified in the tenancy agreement. (3) If the tenant fails or refuses to carry out the repairs referred to in sub- section (1) or sub-section (2), the landlord may carry out the repairs or re- move the additional structure erected by tenant without consent of land- lord and deduct the amount incurred for such repairs or removal as the case may be, from the security deposit and the amount so deducted shall be paid by the tenant within a period of one month of issue of notice by the landlord in that regard: Provided that if the cost for such repairs exceed the security deposit, the tenant shall be liable to pay the excess cost including the security deposit so deducted to the landlord within a period of one month of the issue of notice by the landlord in that regard. (4) In case the landlord refuses to carry out the repairs referred to in sub- section (1) or sub-section (2), the tenant may carry out such repairs and deduct the expenditure incurred towards the same from the rent to be paid for the succeeding months: Provided that in no case the deduction from rent in any one month shall exceed fifty per cent of the agreed rent for a month. (5) Where the premises is uninhabitable without the repairs and the land- lord refuses to carry out the required repairs, after being called upon by the tenant in writing to do so, the tenant may abandon the premises after giving the landlord fifteen days notice in writing. (6) Where the premises let out on rent becomes uninhabitable for the ten- ant due to an event of force majeure or the tenant is unable to reside due to occurrence of such event, the landlord shall not charge rent from the tenant until the said premises is restored by the landlord, subject to the provisions of this section, to be inhabitable: Provided that where the rented premises becomes uninhabitable as specified in sub-section (5) or this sub-section and the landlord Page 9 of 28 fails to carry out the required repairs to make it inhabitable or the said premises could not be made inhabitable, then, the security deposit and advance rent shall be refunded by the landlord to the tenant within a period of fifteen days of the expiry of the notice period, after making due deduction of liability of the tenant, if any. Explanation.–– For the purposes of this section, “force majeure” means a situation of war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the habitation of the tenant in the premises let out on rent. 16. During the subsistence of tenancy, the tenant shall –– Tenant to look after premises. (a) not intentionally or negligently damage the premises or permit such damage; (b) inform in writing the landlord of any damage; (c) take reasonable care of the premises and its contents including fit- ting and fixtures and keep it reasonably habitable having regard to its condition at the commencement of tenancy and the normal incidence of living. 17. (1) Every landlord or the property manager may enter the premises let Entry into out on rent after serving a notice, in writing or through electronic mode, to premises. the tenant at least twenty four hours before the time of entry under the fol- lowing circumstances, namely:–– (a) to carry out repairs or replacement or to do or to get work done in the premises; or (b) to carry out an inspection of the premises for the purpose of de- termining whether the premises are in a habitable state; or (c) for any other reasonable cause for entry specified in the ten- ancy agreement. (2) The notice referred to in sub-section (1) shall specify the day, time and reason for entry: Provided that no person shall enter the premises before sun rise and after sun set. Provided further that nothing contained in this section shall prevent the landlord from entering into the premises let out on rent without prior notice to the tenant in case of emergent situations like war, flood, fire, cyclone, earthquake or any other natural calamity, which may affect that premises. Page 10 of 28 18. In case the landlord has engaged a property manager, the landlord shall Information as provide the following information to the tenant, namely:–– to property manager. (a) name of the property manager; (b) proof that such property manager is authorised by the landlord; (c) specific purposes for which the property manager has been author- ised by the landlord and the period of such authorisation; and (d) if the property manager is a legal entity, the name of the entity and the person authorised in this behalf by that legal entity who may be con- tacted in relation to the tenancy agreement. 19. (1) The duties of the property manager shall include the following, namely:–– (a) to collect rent against receipt; Duties of (b) to do essential repairs on behalf of the landlord; property manager (c) to inspect the premises from time to time; and consequences of (d) to give notices to tenant for–– violation of duties. (i) proper maintenance of the premises; (ii) delay in payment of rent; (iii) revision of rent; (iv) vacation of premises; (v) renewal of tenancy; (e) help in resolution of disputes among tenants and between land- lord and tenant; (f) any other matters relating to tenancy to be acted upon only on the instructions of the landlord. (2) Where the property manager acts, in contravention of the provisions of sub-section (1) or against the instructions of the landlord, the Rent Authority may, on an application made to it by the landlord or tenant in that behalf, remove the property manager or impose such costs on the property manager so as to compensate any loss incurred by the landlord or tenant due to such contravention. 20. (1) No landlord or property manager shall, either by himself or through Withholding essential supply or any other person, withhold any essential supply or service in the premises service. occupied by the tenant. (2) In case of contravention of provisions of sub-section (1) and on application made by the tenant in this behalf, the Rent Authority after examining the matter, may pass an interim order directing the Page 11 of 28 restoration of supply of essential services immediately on service of such order upon the landlord or property manager, as the case may be, pending the inquiry referred to in sub-section (3). (3) The Rent Authority shall conduct an enquiry in respect of the applica- tion made by the tenant under sub-section (2), and complete the inquiry within one month of filing such application. (4) The Rent Authority may, after giving a reasonable opportunity of being heard, award a compensation not exceeding two months rent to be paid by the person responsible for withholding the essential supply, so as to com- pensate the loss incurred. (5) The Rent Authority may levy a penalty of a sum not exceeding twice the monthly rent to the tenant, if it finds that the application was frivolous or vexatious. Explanation.–– For the purposes of this section, essential services includes supply of water, electricity, piped cooking gas supply, lights in passages, lifts and on staircase, conservancy, parking, communication links, sanitary services and security fixtures and features. CHAPTER V EVICTION AND RECOVERY OF POSSESSION OF PREMISES BY LANDLORD 21. (1) A tenant shall not be evicted during the continuance of tenancy Eviction and agreement unless otherwise agreed to in writing by the landlord and tenant, recovery of possession of except in accordance with the provisions of sub- section (2) or in accordance premises by with the provisions of section 22. landlord. (2) The Rent Court may, on an application made to it by the landlord in such manner as may be prescribed, make an order for eviction and re- covery of possession of the premises on one or more of the following grounds, namely: - (a) that the tenant does not agree to pay the rent payable under section 8; (b) that the tenant has not paid the arrears of rent and other charges payable in full as specified in sub-section (1) of section 13 for two consecutive months, including interest for delayed payment as may be specified in the tenancy agreement within a period of one month from the date of service of notice of demand for payment of such arrears of rent and other charges payable to the landlord in the manner 4 of provided in sub-section (4) of section 106 of the Transfer of Property 1882 Act, 1882 (4 of 1882); (c) that the tenant has, after the commencement of this Act, parted with the possession of whole or any part of the premises Page 12 of 28 without obtaining the written consent of the landlord; (d) that the tenant has continued to misuse the premises even after receipt of notice from the landlord to desist from such misuse. Explanation.–– For the purposes of this clause, “misuse of premises” means encroachment of additional space by the ten- ant or use of premises which causes public nuisance or causes damage to the property or is detrimental to the interest of the landlord or for immoral or illegal purposes; (e) where it is necessary for the landlord to carry out any repair or construction or rebuilding or addition or alteration or demolition in respect of the premises or any part thereof, which is not possible to be carried out without the premises being vacated: Provided that after such repair, construction, rebuilding, addition or alteration, the tenant may be allowed to reoccupy the premises only when it has been mutually agreed to between the landlord and the tenant and a new tenancy agreement has been submitted with the Rent Authority: Provided further that the tenant shall not be allowed to re- occupy the premises–– (i) in the absence of submission of such mutual tenancy agree- ment with the Rent Authority; and (ii) in cases where the tenant has been evicted under the orders of a Rent Court; (f) that the premises or any part thereof is required by the landlord for carrying out any repairs, construction, rebuilding, additions, altera- tions or demolition, for change of its use as a consequence of change of land use by the competent authority. Explanation.–– For the purposes of this clause, the ex- pression “competent authority” means the Municipal Corporation or the Municipality or the Development Authority or any other au- thority, as the case may be, which provides permission on mat- ters relating to repair or redevelopment or demolition of building or permission for change in land use: (g) that the tenant has given written notice to vacate the premises let out on rent and in consequence of that notice the landlord has con- tracted to sell the said premises or has taken any other step, as a re- sult of which his interests would seriously suffer if he is not put in pos- session of that premises; (h) that the tenant has carried out any structural change or erected any permanent structure in the premises let out on rent without the written consent of the landlord. Page 13 of 28 (3) No order for eviction of the tenant on account of failure to pay the rent specified in clause (b) of sub-section (2) shall be made, if the tenant makes payment to the landlord or deposits with the Rent Court the arrears of rent and other charges payable, if any, including interest within one month from the date of service of the said demand notice upon him. (4) Where the tenant fails to pay rent consecutively for two months subse- quent to the grant of the relief specified in sub-section (3) in any one year, then the tenant shall not be entitled to such relief again. (5) In any proceedings for eviction under clause (e) of sub-section (2), the Rent Court may allow eviction from only a part of the premises, if the land- lord agrees for the same. 22. (1) Notwithstanding anything contained in this Act or any other law for the time being in force, in case of death of the landlord, where there is a bonafide requirement of the premises let out on rent by the legal heirs of the landlord during the period of tenancy, such legal heirs may file an Eviction and application in this behalf for eviction and recovery of possession of the said recovery of premises before the Rent Court in such form and manner, as may be possession of premises in case of prescribed. death of landlord. (2) The Rent Court may, on an application made to it under sub- section (1), if it is satisfied that the legal heirs of the deceased landlord are in bonafide requirement of the premises let out on rent, pass necessary orders against the tenant for handing over vacant possession of the said premises to the legal heirs of the deceased landlord. 23. Where the tenant fails to vacate the premises let out on rent in Enhancement of rent in case of accordance with the tenancy agreement on the expiration of the period of refusal by tenant to tenancy or termination of tenancy by an order or notice under the provisions vacate. of this Act, such tenant shall be liable to pay the landlord –– (a) twice the monthly rent for the first two months; and (b) four times the monthly rent thereafter till the tenant continues to occupy the said premises. 24. (1) Where a landlord exercises the right of recovery of possession Refund of advance rent by under sub-section (2) of section 21 or under section 22, and he had received landlord. any rent or any other payment in advance from the tenant, he shall before recovery of possession, refund to the tenant such amount after deducting the rent and other charges due to him. (2) If the landlord fails to make any refund, he shall be liable to pay Page 14 of 28 simple interest to the tenant at such rate as may be prescribed from time to time on the amount which he has omitted or failed to refund. 25. In any proceedings for recovery of possession on any ground other than Payment of rent during eviction that referred to in clause (a) or clause (b) of sub-section proceedings. (2) of section 21, where the tenant contests the claim for eviction, the landlord may at any stage of the proceedings apply to the Rent Court to direct the tenant to pay him the rent payable, as under section 8, and the Rent Court may order the tenant to make such payment and all other charges due from the tenant along with penal charges, if any, due to delay in payment, in accordance with the provisions of sub-section (1) of section 14. 26. (1) Tenant shall not carry out any structural change or erect any Permission to build additional permanent structure in the premises let out on rent without the written structures. consent of the landlord. (2) Where the landlord proposes to make any improvement in or construct any additional structure on any premises which has been let out to a tenant and the tenant refuses to allow the landlord to make such improvement or construct such additional structure, the landlord may make an application in this behalf to the Rent Court. (3) On an application made by the landlord under sub-section (2), if the Rent Court is satisfied that the landlord is ready and willing to commence the work which is necessary, the Rent Court may permit the landlord to do such work and may make such other order as it may deem fit: Provided that such improvement or additional structure shall not decrease or diminish or deteriorate the accommodation or housing services in the premises which may cause undue hardship to the tenant. Provided further that it shall be the responsibility of the tenant to remove any such additional structure built by tenant without consent of landlord. 27. (1) Notwithstanding anything contained in section 21 or section 22, Special provision where any premises let out for rent comprises vacant land, upon which it is regarding vacant permissible under the municipal bye-laws for the time being in force to erect land. any building whether for residence or for any other purpose, and the landlord who intends to erect such building is unable to obtain possession of the same from the tenant on the basis of the tenancy agreement, the landlord or, in case of death of the landlord, his legal heirs, may file an application in this behalf, in such form and manner as may be prescribed, before the Rent Court. Page 15 of 28 (2) The Rent Court may, on receipt of the application referred to in sub- section (1), if it is satisfied that the landlord is or, as the case may be, his legal heirs are ready and willing to commence the work and that the sev- erance of the vacant land from the rest of the premises shall not cause undue hardship to the tenant,–– (a) direct such severance after such enquiry as it may deem fit; (b) place the landlord in possession of the vacant land; (c) determine the rent payable by the tenant in respect of the rest of the premises; and (d) make such other orders as it may deem fit in the circum- stances of the case. 28. Notwithstanding anything contained in any other law for the time being Vacant possession to in force, where the interest, of a landlord or in case of death of the landlord, landlord. of his legal heirs in any premises is determined for any reason whatsoever and any order is made by the Rent Court under this Act for the recovery of possession of such premises, such order shall, subject to the provisions of sub-section (3) of section 21, be binding on all occupants who may be in occupation of the premises and vacant possession thereof shall be given by all such occupants to the landlord or to the legal heirs of the landlord. 29. Notwithstanding anything contained in this Act or any other law for Provisions regarding notice the time being in force, a tenant may give up possession of the premises on of giving up giving such written notice as is required under the tenancy agreement and in possession by the absence of any stipulation relating to such notice, the tenant shall give tenant. notice to the landlord of at least one month before giving up possession of the premises. CHAPTER VI RENT AUTHORITIES, THEIR POWERS AND APPEALS 30. The District Collector or District Magistrate shall, with the previous Rent Authority. approval of the State Government/Union territory Administration, appoint an officer, not below the rank of Deputy Collector, to be the Rent Authority within his jurisdiction. 31. The Rent Authority shall have all the powers as are vested in a Power and Page 16 of 28 Rent Court under this Act in respect of any proceedings initiated under procedure of Rent Authority. sections 4, 9, 10, 14, 15, 19 or section 20 and the procedure as laid down in sections 35 and 36 shall apply in such proceedings. Appeal 32. (1) Any person aggrieved by the order of the Rent Authority may prefer s. an appeal to the Rent Court having territorial jurisdiction. (2) The appeal under sub-section (1) shall be preferred within a period of thirty days from the date of the order of the Rent Authority. CHAPTER VII RENT COURTS AND RENT TRIBUNALS 33. The District Collector or District Magistrate shall, with the previous approval of the State Government appoint Additional Collector or Addi- tional District Magistrate or an officer of equivalent rank, to be the Rent Court for the purposes of this Act, within his jurisdiction. Rent Court 34. The State Government may, in consultation with the jurisdictional High Court, may by notification, appoint District Judge or Additional Dis- trict Judge as Rent Tribunal in each district. 35. (1) Save as provided in this section, nothing contained in the Code of Civil Procedure, 1908(5 0f 1908) shall apply to the Rent Courts and Rent Tribunals, which shall be guided by the principles of natural justice and shall have power to regulate their own procedure in the following manner, Rent namely:–– Tribunal (a) the landlord or the tenant may file an application or appeal before the Rent Court or, as the case may be, the Rent Tribunal accompanied by affi- davit and documents, if any; (b) the Rent Court or, as the case may be, the Rent Tribunal shall then issue notice to the opposite party, accompanied by copies of application or appeal, Procedure to be affidavit and documents; followed in Rent (c) the opposite party shall file a reply accompanied by affidavit and docu- Court and Rent ments, if any, after serving a copy of the same to the applicant; Tribunal. (d) the applicant may file a rejoinder, if any, after serving the copy to the opposite party; Page 17 of 28 (e) the Rent Court or, as the case may be, the Rent Tribunal shall fix a date of hearing and may hold such summary inquiry as it deems necessary. (2) The Rent Court or, as the case may be, the Rent Tribunal shall endeavor to dispose the case as expeditiously as possible, not exceeding a period of sixty days from the date of receipt of the application or appeal: Provided that where any such application or, as the case may be, appeal could not be disposed of within the said period of sixty days, the Rent Court or the Rent Tribunal shall record its reasons in writing for not disposing of the application or appeal within that period. (3) In every application or appeal, before the Rent Court or the Rent Tribu- nal, the evidence of a witness shall be given by affidavit: Provided that the Rent Court or, as the case may be, the Rent Tribunal may, where it appears to it that it is necessary in the interest of justice to call a witness for examination or cross-examination, order attendance of such witness to be present for examination or cross-examination. (4) The provisions of the Code of Civil Procedure, 1908 (5 of 1908) regard- ing service of summons shall be applicable mutatis mutandis for service of notice by the Rent Court or Rent Tribunal. (5) Every application or appeal shall be in such form as may be prescribed. (6) The Rent Authority or Rent Court or the Rent Tribunal as the case may be, shall not allow more than three adjournments at the request of a party throughout the proceedings and in case of reasonable and sufficient cause to do so, it shall record the reasons for the same in writing and order the party requesting adjournment to pay a reasonable cost. (7) Every application under clauses (a), (b), (e), (f) and (g) of sub- section (2) of section 21 or under section 22 shall be decided within ninety days from the date of filing of such application in the Rent Court. (8) The Rent Court shall decide every application filed under clause (c) and (d) of sub-section (2) of section 21 within thirty days from the date of filing of such application. 36. (1) The Rent Court and the Rent Tribunal shall, for discharging their Powers functions under this Act, have the same powers as are vested in a civil court of Rent Court under the Code of Civil Procedure, 1908 (5of1908) for the purposes of, – and Rent (a) summoning and enforcing the attendance of any person and exam- Tribunal. ining him on oath; (b) requiring the discovery and production of documents; (c) issuing commissions for examination of the witnesses or Page 18 of 28 documents; (d) issuing commission for local investigation; (e) receiving evidence on affidavits; (f) dismissing an application or appeal for default or deciding it ex- parte; (g) setting aside any order of dismissal of any application or appeal for default or any other order passed by it ex-parte; (h) execution of its orders and decisions under this Act without ref- erence to any civil court; (i) reviewing its orders and decisions; (j) revision of orders and decisions of Rent Authority and Rent Court and; (k) any other matter, which may be prescribed. (2) Any proceedings before the Rent Court or Rent Tribunal shall be deemed to be a judicial proceeding within the meaning of section 193 and 228, and for the purpose of section 196, of the Indian Penal Code(45of1860) and the Rent Court and the Rent Tribunal shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of1974) (3) For the purposes of holding any inquiry or discharging any duty under this Act, the Rent Court may,–– (a) after giving not less than twenty-four hours notice in writing, enter and inspect or authorise any officer, subordinate to it, to enter and in- spect, any premises at any time between sunrise and sunset; (b) by written order, require any person to produce for its inspection such books or documents relevant to the inquiry, at such time and at such place as may be specified in the order. (4) The Rent Court may, if it thinks fit, appoint one or more persons having special knowledge of the matter under consideration as an assessor or val- ued to advise it in the proceeding before it. (5) Any clerical or arithmetical mistake in any order passed by the Rent Court or any other error arising out of any accidental omission may, at any time, be corrected by the Rent Court on an application received by it in this behalf from any of the parties or otherwise. (6) The Rent Court may exercise the powers of a Judicial Magistrate of the first class for the recovery of the fine under the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) and the Rent Court shall be deemed to be a Magistrate under the said Code for the purposes of such recovery. (7) An order made by a Rent Court or an order passed in appeal or revi- sion, or review under this Chapter shall be executable by the Page 19 of 28 Rent Court as a decree of a civil court and for this purpose, the Rent Court shall have the powers of a civil court. (8) The Rent Court may set aside any order passed ex-parte if the ag- grieved party files an application and satisfies it that notice was not duly served or that he was prevented by any sufficient cause from appearing when the case was taken up for hearing. (9) Save as otherwise expressly provided in this Act, every order made by the Rent Court shall, subject to decision in appeal, be final and shall not be called in question in any original suit, application or execution proceedings. 37. (1) Any person aggrieved by an order passed by the Rent Court, may prefer an appeal along with a certified copy of such order to the jurisdictional Rent Tribunal within the local limits of which the premises is Appeal to Rent situated, within a period of thirty days from the date of that order. Tribunal. (2) The Rent Tribunal, upon filing an appeal under sub-section (1) shall serve notice, along with a copy of appeal to the respondent and fix a hearing not later than thirty days from the date of service of notice of appeal on the respondent and the appeal shall be disposed of within a period of sixty days from such date of service. (3) Where the Rent Tribunal considers it necessary in the interest of arriving at a just and proper decision, it may allow documents at any stage of the proceedings in appeal: Provided that no such document shall be allowed more than once during the hearing. (4) The Rent Tribunal may, in its discretion, pass such interlocutory order during the pendency of the appeal, as it may deem fit. (5) While deciding the appeal, the Rent Tribunal may, after recording rea- sons therefor, confirm, set aside or modify the order passed by a Rent Court. 38. (1) The Rent Court shall, on an application filed by any party, execute an order of a Rent Court or a Rent Tribunal or any other order made under this Act, in such manner as may be prescribed, by–– Execution of order Page 20 of 28 (a) delivering possession of the premises to the person in whose favour the decision has been made; or (b) attaching one or more bank accounts of the opposite party for the purpose of recovering the amount specified in such order; or (c) appointing any advocate or any other competent person including of- ficers of the Rent Court or local administration or local body for the execution of such order. (2) The Rent Court may take the help from the Local Government or local body or the local police for the execution of the final orders: Provided that no applicant shall obtain police help unless he pays such costs as may be decided by the Rent Court. (3) The Rent Court shall conduct the execution proceedings, in relation to its order or an order of a Rent Tribunal or any other order passed under this Act, in a summary manner and dispose of the application for execution made under this section within a period of thirty days from the date of ser- vice of notice on opposite party. CHAPTER VIII MISCELLANEOUS 39. The State Government/Union territory Administration may, in Officers and other consultation with the Rent Authority or Rent Court or Rent Tribunal, employees of Rent determine the nature and categories of officers and other employees as it Authority, Rent considers necessary and appoint such officers and other employees for the Court and Rent Tribunal. efficient discharge of their functions under this Act. 40. (1) Save as otherwise provided in this Act, no civil court shall entertain Jurisdiction of any suit or proceeding in so far as it relates to the provisions of this Act. civil courts barred in respect of certain matters. (2) The jurisdiction of the Rent Court shall be limited to tenancy agreement submitted to it as specified in the First Schedule and shall not extend to the question of title or ownership of premises. Page 21 of 28 Court 41. (1) The provisions of the Court Fees Act, 1870 (7of 1870) shall apply in . fees respect of applications or appeals to be presented before the Rent Authority or Rent Court or Rent Tribunal, as the case may be. (2) For the purposes of computation of court fees, the application for recov- ery of possession made to the Rent Court and the memorandum of appeals presented before the Rent Tribunal, shall be deemed to be a suit between the landlord and the tenant. (3) The court fees for the application filed before the Rent Authority shall be same as that of an interlocutory application presented in a civil court. 42. Every member of Rent Authority, Rent Court and Rent Tribunal . Members , etc., to appointed under this Act shall be deemed to be a public servant within the be public meaning of section 21 of the Indian Penal Code,1860 (45 of 1860) servants. Protectio n of 43. No suit, prosecution or other legal proceeding shall lie against any . action person, Rent Authority, Rent Court or Rent Tribunal in respect of anything taken iin which is in good faith done or intended to be done in pursuance of this Act. good faith Power to 44. (1) The State Government/Union territory Administration may, subject make to the condition of previous publication, make rules for carrying out the rules. provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:–– (a) the form and manner of digital platform to be put in place by the Rent Authority in the local vernacular language or the language of the State for enabling submissions of documents under sub- section (3) of section 4; (b) the manner of payment of rent and other charges to the landlord by the tenant by postal money order or any other method and the manner of deposit of rent and other charges with the Rent Authority on refusal by landlord to accept the same under sub-section (1) and the manner of deposit of rent with the Rent Authority under sub-section (2), of section 14; (c) manner of making an application for the recovery of possession of the premises under sub-section (2) of section 21; Page 22 of 28 (d) form and manner of making an application for the recovery of possession of the premises under sub- section (1) of sec- tion 22; (e) rate of interest payable to the tenant where the landlord fails to make refund under sub-section (2) of section 24; (f) the form and manner of filing application by the landlord be- fore the Rent Court for obtaining possession of the premises let out on rent for erecting building under sub- section (1) of section 27; (g) the form of filing application before Rent Court and appeal before the Rent Tribunal under sub-section (5) of section 35; (h) any other matter to be provided under clause (k) of sub- sec- tion (1) of section 36; (i) the manner of execution of an order of a Rent Court or a Rent Tribunal or any other order made under this Act under sub-section (1) of section 38; (j) any other matter which is required to be, or may be, pre- scribed under the provisions of this Act. 45. Evry rule made by the state Government under this Act shall be Laying of rules laid as soon as may be, after it is made before the state Legislative Assembly. 46.(1) If any difficulty arises in giving effect to the provisions of this Act, Power to remove the State Government may, by order published in the Official Gazette, not difficulties. inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made be laid before the Legislative Assembly each House of State Legislature. 47. (1) The State Rent Control Act, which is in force immediately before Repeal and the commencement of this Act, is hereby repealed. savings. Page 23 of 28 (2) Notwithstanding such repeal, all cases and other proceedings un- der the said State Rent Control Act pending, at the commencement of this Act, shall be continued and disposed of in accordance with the provisions of the State Rent Control Act, as if that Act had continued to be in force and this Act had not been enacted. --- Page 24 of 28 THE FIRST SCHEDULE [See section 4(1)] FORM FOR INFORMATION OF TENANCY To, The Rent Authority (Address) 1. Name and address of the landlord : 2. Name and address of the Property Manager (if : any) 3. Name(s) and address of the tenant, including : email and contact details, 4. Description of previous tenancy, if any : 5. Description of premises let to the tenant : including appurtenant land, if any 6. Date from which possession is given to the : tenant 7. Rent payable as in section 8 : 8. Furniture and other equipment provided to the : tenant 9. Other charges payable : a. Electricity : b. Water : c. Extra furnishing, fittings and fixtures : d. Other services : 10. Attach rent or lease or tenancy agreement : 11. Duration of tenancy (Period for which let) : 12. Permanent Account Number (PAN) of landlord: : 13. Aadhaar number of landlord: : 14. Mobile Number & E-mail id of landlord : (if available) 15. Permanent Account Number (PAN)of tenant : Page 25 of 28 16. Aadhaar number of tenant : 17. Mobile Number & E-mail id : of tenant 18. Permanent Account Number (PAN)of Property Manager (if any) : 19. Aadhaar number of Property Manager (if any) : 20. Mobile Number & E-mail id of Property Manager (if any) : Name and signature of landlord Name and signature of tenant Photograph of Photograph of tenant landlord Enclosed: 1. Tenancy Agreement. 2. Self-attested copies of PAN and Aadhaar of landlord. 3. Self-attested copies of PAN and Aadhaar of tenant. Page 26 of 28 THE SECOND SCHEDULE [See section 15 (1)] DIVISION OF MAINTENANCE RESPONSIBILITY BETWEEN THE LAND- LORD AND THE TENANTS Unless otherwise agreed in the tenancy agreement, the landlord shall be responsi- ble for repairs relating to matters falling under Part A and the tenant shall be re- sponsible for matters falling under Part B. Part A: Responsibilities of the Landlord 1. Structural repairs except those necessitated by damage caused by the tenant. 2. Whitewashing of walls and painting of doors and windows. 3. Changing and plumbing pipes when necessary. 4. Internal and external electrical wiring and related maintenance when necessary. Part B: Pe- riodic repairs to be got done by the tenant 1. Changing of tap washers and taps. 2. Drain cleaning. 3. Water closet repairs. 4. Wash Basin repairs. 5. Bath tub repairs. 6. Geyser repairs. 7. Circuit breaker repairs 8. Switches and socket repairs. 9. Repairs and replacement of electrical equipment except major internal and external wiring changes. 10. Kitchen fixtures repairs. 11. Replacement of knobs and locks of doors, cupboard, windows etc. 12. Replacement of fly-nets. 13. Replacement of glass panels in windows, doors etc. 14. Maintenance of gardens and open spaces let out to or used by the tenant. Page 27 of 28 Page 28 of 28