The Arunachal Pradesh Tenancy Act, 2022

({fr{T
The Arunachal Pradesh Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 342, Vol. )qlx, Naharlagun, Tuesday, November '15, 2022, Kartlke 24, 1944 (Saka)
GOVERNMENT OF ARUNACHAL PRADESH
LAW, LEGISLATIVE AND JUSTICE DEPARTMENT
CIVIL SECRETARIAT
ITANAGAR
NOTIFICATION
The 14th November, 2022
No. Law/Legn-23/2022.-The following Act of the Arunachal Pradesh Legislative Assembly which was
passed rn the Tenth Session of the Seventh Legislative Assembly and received the assent of the Governor of
Arunachal Pradesh is hereby pulished forgeneral information.
(Received the aEEent of the Governor on 3rd November, 2022)
THE ARUNACHAL PRADESH TENANCYACT, 2022
(ACT No. 17 OF 2022)
An
Act
to ostaD/isi, Rent Authorv to regulate ronting of premises and to protect intercsts of landlords and
tenants and to provide speedy adjudication mechanism for resolution of disputes and mafters connectad
therewith or incidental thereto.
BE it enacted by the Arunachal Pradesh Legislative Assembly in the Seventy-Third Year of the
Republic of lndia as follows:-
I
CHAPTER - I
PREUIiINARY
(1) ThisAct may becalled theArunachal Pradesh Ten ancy Act,2022.
(2) lt shall extend to the whole of the Stiate of Arunachal Pradesh.
(3) lt shall come into force on the date of itrs publication in the Official Gazette.
ln this Act, unless the context otherwise requires, -
(a) "landlo.d", 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 entiued to
so receive, on accountoforon 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 local authorities established in the Sbte under any law(s)
for the time being in forcet
(c) "notification" means a notifcatron published in the Offichl Ga2ette of the Govemment
of Arunachal Pradesh and the expression "notiry wih its grammatical variations
and cognate expressions shall be construed accordingly:
Short title,
extent and
commence-
ment.
Definitions2
TheArunachal Pradesh Extraordinary Gazette, November 15, 2022
(d) "Premises'means any building or partof a building which is, or is intended to be,
leton rent for the purpose of residentialor commercial use except for hotel, lodging
house, dharamshala, inn and for industrial use but includes-
(i) Garden, garbage or closed parking area, vacant land, grounds and out-houses,
if any, appertaining to such buildlng ct partofthe building; and
(ii) Any fitting to sucn building or part of the building for the more benefrcblenjoyment
thereof;
(e) "prescribe' means prescribed by rules made by the S-Ete Govemment under this
Act;
(0 "Property Manager" means a person or any legal entity including rental agent who
is authorised 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 receives remuneration
or fees orany othercharges for his services vyhether as a commission orotheMise
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 middlemen, by whatever name called;
(h) "RentAuthorig/ means an officer appointed under section 30;
(i) "Rent Court" means a Rent Court constituted under section 33i
0) 'Rentpayable" in relation toany premises meansthe rent as specified in sectlon 8;
(k)'RentTribunal" means a Rent Tribunal constituted undersection 34;
(l) 'Schedule" means a schedule annexed to thisAct;
(m) 'Sub-tenant' means a person to whom the tenant sublets whole or part of the
premises held by hlm ortransfers or assigns his righE accrued underthe tenancy
agreement or any part thereof upon entering into a supplementary agreement to
the existing lenancy agreement;
(n) "Tenant" whether called lessee or by any other name, means a person by whom
or on whose account oron behalf of whom, the rent ofany premises is payable to
the landlord under a tenancy agreement and includes any person occupying the
premises as a sub-tenant and also, any person continuing 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.
3. (1) Nothing in this Act shall applyto any-
(a) premises owned or promoted by the CentralGovemment or State Govemment
or local authority or a Government undertaking or enterprise or a statutory
body or Cantonment Board;
(b) premises owned by a company, University or organisation given on renl to
its employees as part of service contract;
(c) premises o\. -ed by religious or charitable institutions as may be specified,
by notification by the Government ofArunachal Pradesh;
(d) premises owned by auqaf registered under the Waqf Act, 1995 or by any
trust registered under the public trust law for the time being in force;
(e) other building orcategoryof buildings specificatty exempted in public interest
by notification by the State Government.
(2) Notwithstanding anything contained in sub-section (1), ifthe 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 dnder section 4.
Act nol to
apply to
certain
premises.
TheArunachal Pradesh Extraordinary Gazette, November 15,2022 3
4
CHAPTER .II
TET{ANCY
(1) Notwithstanding anything contained in this Act or any other law for the time
being in force, no person shall, after the commencement of thisAct, let or take
on rent any premises except by an agreement in writing, which shall be informed
to the RentAuthority by the landlord and tenantjointly, 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 suFsection (1), the landlord and tenant shall
separately inform the execution of tenancy agreement to the Rent Authority
within a period of one month from the date of expiry of the period specified in
sub-section (1 ).
(3) The RentAuthority shall, within three months from the date of its appointrnent,
put in place a digital platform in the official language of the State for enabling
submission of documents in such form and manner as may be prescribed.
(4) The RentAuthonty shall, after receiving information about the execution of tenancy
agreement along with the documents specilied in the First Schedule, -
(a) provide a unique identification number to the parties; and
(b) upload details of the tenancy agreement on its website in the official
language ofthe State, 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 properly manager, if any, by the landlord 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 suFsection (1) and sub-section (2) of this
section 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 underthe provisions of
this Act.
('l) Every tenancy entered into after the commencement of thisAct shall be valid for
a period as agreed upon between the landlord and the tenant and as specified
in the tenancy agreement.
(2) The tenant may request the landlord for renewal or extension of the tenancy,
within the period agreed to in the tenancy agreement, and if agreeable to the
landlord, may enter into a new tenancy agreementwith 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 tenant shall
be liable to pay an enhanced rent to the landlord as provided in section 23.
Provided that notwithstianding anything contained in this sectlon, if the
term of tenancy expires at a time when the locality where the premises let out
on rent is situated is afiected by any disastrous event beyond the control of
Landlord ortenant or 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 ofone month from the date of cessatjon of such disastrous event on
the same terms and conditions ofthe tenancy agreement already entered into
Explanatiorr-For the purposes of this section, 'force ma.ieure' means a
situation of war, flood, drought, fire, cyclone' earthquake, civil commotion or
any other calamity caused by nature affectng the habitation ofthe tenant ln the
premises let out on rent.
The terms of agreement executed between landlord and tenant, shall be binding upon
their successors in the event of the death o, the landlord or tenant, as the case may be,
and in such case, the successors of the deceased landlord or tenant shall have the
same rights and obligations as agreed b in the tenancy agreement for the remaining
period of such tenancy.
Tenancy
agreemenL
Period of
tenancy.
Rights and
obligations of
successor in
case of death
5
6
4
7. (1\ After the commencement of this Act, no tenant shall, except by entering into a
supplementary agreement to the existing tenancy agreement,
(a) sublet 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.
Every tenant shall pay rent and other charges payabie within such period as
agreed to in the tenancy agreement.
Every landlord or his property manager shall, on receipt of payment 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 recelpt for the amount received 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.
Where the landlord refuses to accept any rentand othercharges payable or refuses
to give a receipt, the rent and other charges shall be 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
RentAuthority in such manner as may be prescribed,
Restriction on
subletting.
Rent payable
Revision of
rent.
Rent Authority
to determine
the revised
rent in case of
dispute.
Security
deposit.
Original
tenancy
agreement to
be retained by
landlord and
tenant.
Rentand
other charges
payable and
receipt for
payment
thereot
Deposit of
rent with Rent
Authority.
(2) Where the premises is sub-let upon entering into a supplementary agreement to
the existing tenancy agreement as referred to in sub-section ('l), the landlord
and tenant shalljointly inform the RentAuthority 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 premise shall be the rent agreed to between the
landlord and the tenant in accordance with the terms of the tenancy agreement.
9. ('l) The revisior, 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, 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 rentshallbecome efbctive from one month after the completion
of such work.
'10. ln 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 a|l 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 besuchasmaybe
agreed upon between the landlord and the tenant in the tenancy agreement,
which shall -(a) notexceed two months rent, in case ofresidential 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 laking re.
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 landlord and tenant,
and one each of such original signed tenancy agreement shall be retained by the
landlord and tenant.
13. (1)
(2'
14. l1l
TheArunachal Pradesh Extraordinary Gazette, Novembet 1 5, 2022
The Arunachal Pradesh Extraordinary Gazette, Novembet 15,2022
(2) Where the tenant is unable to decide to whom the rent is payable during the
period oftenancy agreement, the tenanl may, in such case, deposit the rentwith
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, deposiled under sub-section
(1) or sub-section (2), shall not by it self 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.
15. (1) Notwithstanding any agreement in writing to the contrary the landlord and the
tenant shall keep the premises in as good a Gondition as at the commencement
of the tenancy, except for normal wear and tear, and shall respectively be
responsible to repair and maintain the said premises as specified in the Second
Schedule or as agreed to in the tenancy agreement.
(2) ln case of common facilitres shared among the tenants or with the landlord, the
respective responsibilities of the tenant and landlord to repalrand maintain those
tacilities shall be such as may be specified in the tenancy agreement.
(3) lf the tenant fails or refuses to carry out the repairs refened to in sub.section (1)
or sub-section (2), the landlord may carry out the repairs or remove the additional
slructure erected by tenantwithout consent ofthe landlord 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 notlce 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 ofone month ofthe issue of notice by the
landlord in that regard.
(4) ln case the landlord refuses to carry out the 'epairs referred to in sub-section (1)
or sub-section (2), the tenant may ca..y out such repairs and deduct the
expenditure incuned 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 flfty per cent of the agreed rent for a month.
(5) Where the premises is uninhabitable without the repairs and the landlord 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 tenant due to
an event of force majeure or otheMise or the tenant ts unable to reside due to
occurrence of such event, the landlord shall not charge rent from the tenant until
the sajd premises is restored by the landlord, subiect to the provisions of this
section, to be inhabitable:
Provided thatwhere the rented premises becomes uninhabitable as specified
in sub-section (5) orthis suUsection and the landlord fails to carry outthe required
repairs to make it inhabitable orthe 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 priod, after
making due deduction of liability of the tenant, if any.
16. During the subsistence oftenancy, the tenant shall-
(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 fitting 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 out on rent
after serving a notice, in writing or through electronic mode, to the tenant at least
twenty four hours before the time of entry under the following circumstances,
namely:-
(a) to carry out repairs or replacement or to do or to get work done in the
premises; or
Repair and
maintenance
of property.
Tenant to look-
after premises.
Entry into
premises.
6 The Arunachal Pradesh Extraordinary Gazette, Novembet 15,2022
(b) to carry out an inspection of the premises for the purpose of determining
whether the premises are in a habitable state; or
(c) for any other reasonable cause for entry specified in the tenancy 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 afier
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 situatrons like war, ci\,1 commotion flood, fire, cyclone,
eadhquake or any other natural calamity. wiich may affect that premises.
Explanation 
- 
For the purposes of this section, 'force majeure" means a
situation of war, flood, droughf, fire, cyclone, earthquake or any other calamity
caused by nature affecting the habitation ofthe tenant in the premises letouton
rent.
18. lncasethe landlord hasengageda property manager, the landlord shall provide the
following information to the tenant, namely: -(a) name ofthe property manager;
(b) proof that such property manager is authorised by the landlord;
(c) specific purposes for which the property manager has been authorised by the
landlord and the period ofsuch authorisation; and
(d) if the properly manager is a legal entity, the name of the entity and the person
authorised in this behalf by that legal entity who may be contacted ln relation to
the tenancy agreement.
19. (1) Thedutlesof the property manager shall include the following, namely:-
(a) io collect rent against receipt;
(b) to do essental repairs on behalfofthe i3ndlord;
(c) to inspect the premises from time to time;
(d) to give notices to tenant for-
(i) proper maintenance of the premises,
(ii) delay ln payment of rent;
(iii) revision ofrent,
(iv) vacation of premises.
(v) renewal of tenancy;
(e) help in resolution ofdisputes among tenants and between landlord and tenant;
(0 any other matters relating to tenancy to be acted upon only on the instructlons
of the landlord.
lnformation as
to property
manager.
Duties of
property
manager and
consequences
of violation of
duties.
Prohibition of
withholding
essential
supply or
service.
(2)
20 (1)
(2)
(3)
Where the property manageracts, in contravention ofthe 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 Iandlord or tenant due to such contravention,
No landlord or property manager shall, (,rther by himself or through any other
person, withhold any essential supply or sen/ice in the premises occupied by the
tenant.
ln case ofcontravention of provisions of sub-section (1) and on application made
by the tenant in this behalf, the RentAuthority afier examining the matter, may
pass an interim order directing the restoratjon 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).
The RentAuthority shall conduct an enquiry in respect ofthe application made by
the tenant under sub-section (2), and complete the inquiry within one month of
fi ling such application.
TheArunachal Pradesh Extraordinary Gazette, Novembet 15, 2022 7
(4) The Rent Authority may, after giving a reasonable opportunity of being heard,
award compensation not exceeding two months'rent to be paid by the person
responsible for withholding the essential supply, so as to compensate the loss
incurred.
Explanation-For the purposes of thts section, essential services includes
supply of essential commodities, 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) Atenantshall notbeevicted during the continuance of tenancy agreement unless
otherwise agreed to in writing by the landlord and tenant, exc€pt in accordance
with the provisions of sub-section (2) or in accordance with the provisions of
section 22.
(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 recovery of possession of
the premises on one or more of the following grounds, namely:-
(a) that the tenant refuses to pay the rent payable under section 8i
(b) thatthe 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 ofone 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 provided in sub-section (4) of section 106 of the
Transfer of Property Act, 1882;
(c) that the tenant has, after the commencement of this Act, parted with the
possession of whole orany part of the premises without obtaining the written
consent of the landlord;
(d) that the tenant has continued to misusi the premises even afler receipt of
notice from the landlord to desist from such rnisuse.
Explanation- For the purposes of this clause, "misuse of premises,,
means encroachment of additional space by the tenant or use of premises
wh,ch causes public nuisance or causes damage to the property or is
detrimental to the interest of the landlord orfor immoral or illegal purposes;
(e) where it is necessary for the landlord to carry out any repair or construction
or rebuilding or addition oralteration or demolition in respect of the premises
or any part thereof, which is not possible to be carried outwithout the premises
being vacated:
Provided that after such repair, construction, rebuilding, addition or
alteration, the lenant 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 submifted with the Rent Authority:
Provided further that the tenant shall not be allowed to reoccupy the
premises-
(i) in the absence of submission of such mutual tenancy agreement with
the Rent Authority; and
(ii) in cases where the tonant has heen 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, alterations ordemolition,
for change of its use as a consequence of cnange of land use by the competent
authority.
Explanation- For the purposes of this clause, the expression
"competent authority" means the Municipal Corporation orthe Municipality
or the Development Authority or any other authority, as the case may be,
which provides permission on matters relating to repair or redevelopment or
demolition of building or permission for change in land use:
Eviction and
recovery of
possession of
premises by
landlord.
I TheArunachal Pradesh Extraordinary Gazette, Novembe. 15, 2022
(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 contracted to sell
the said premises or has taken any other step, as a result of which his
interests would seriously sutfer if he is not put in possession ofthat premises;
(h) that the tenant has carried out any structuralchange or erected any permanent
structure in the premises let out on rent without the written consent of the
landlord.
(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 RentAuthority the arrears of rent and other charges
payable, if any, including interestwithin one month from the date of service ofthe
said demand notice upon him.
(4) Where the tenant fails to pay rent consecuflvely for two months subsequent to
the grant of the rellef specified in sub-seciion {3) in any cne year, then the tenant
shall not be entitled to such relief again.
(5) ln 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 landlord agrees for the
same.
22. l1)
(2',,
Notwithstanding anything contained in this Act or any other law for the time being
in force, in case ofdeath of the landlord, where there is a bonafide requirement of
the premises letout on rent bythe legal heirs ofthe landlord during the period of
tenancy, such legal heirs may flle an application in this behalf for eviction and
recovery of possession ofthe said premises before the Rent Court in such form
and manner, as may be prescribed.
The Rent Cou may, on an application made to it under sub-section (1), if it is
satisfied that the legal heirs ofthe 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.
Eviction and
recovery of
possession of
premises in
case of death
of landlord.
23. Where the tenant fails to vacate the premises le.t out on rent in accordance with the
tenancy agreementon the expiration of the perioc oftenancy or termination oftenancy
by an order or notice under the provlsions of this Act, such tenant shall be liable to
pay the landlord -
(a) twice the monthly rent for the first two months; and
(b) thrice the monthly rent thereafter till the tenant continues to occupy the said
premises.
24. (1) Wherea landlord exercises the rightof recovery of possession under sub-section
(2) of section 21 or under sectlon 22, and he had received 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 rentand other charges due
to him.
(2) lf the landlord feilsto make any refund, heshall be liable to pay 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. ln any proceedings for recovery of possession on any ground other than that referred
to in clause (a) or clause (b) ofsub-section (2) of section 21, where the tenantcontests
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 rert 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 paynrent, 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 permanent structure
in the premises let out on rent without the written consenr of the landlord.
Refund of
advance rent
by landlord.
Permission to
build
additional
structures.
Enhancement
of rent in case
of refusal by
tenant to
vacate.
Payment of
rent during
eviction
proceedings.
TheArunachal Pradesh Extraordinary Gazette, Novembet 15, 2022 I
(3)
27 . (1)
(2)
(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.
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 at shall be the responsibility ofthe tenant to remove any
such additional structure built by the tenant without consent of landlord.
Notwithstanding anything contained in section 21 or section 22, where any premises
let out for rent comprises vacant land, upon which it is permissible under the
municipallaws for the time being in ficrce to erect 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 ,ile an application in this behalf, in such form and manner as may be
prescribed, before the Rent Court.
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 €se may be, his legal heirs are ready
and willing to commence the work and that lhe severance 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 circumstances of the
case.
Special
provision
regarding
vacant land
28 Notwithstanding anything contained in any other la\r/ for the time being in force, where
the interest, of a landlord or in case of death of the landlord, cr his legal heirs in any
premises is determined for any reason whatsoeverand any oder 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 allsuch occupants to the landlord or to the legal heirs ofthe landlord.
29. Notwithstanding anything contained in this Act or any other law for the time being in
force, a tenant may give up possession ofthe premises by giving such written notice
as required under the tenancy agreement and in absence of any stipulation relating to
such notice, the tenant shall give notice to the landlord of at,east one month before
giving up possession of the premises.
Vacant
Possession
to Iandlord.
Provisions
regarding
notice of
giving up
possession
by tenant.
Power and
functions of
Rent
Authority.
CHAPTER. VI
RENTAUTHORITIES,
THEIR POWERS AND APPEALS
30. The State Government may by notification, in Ofl:cial Gazette, appoint a person not RentAuthority
below the rank of Executive Magistrate or Sub-Sivisional Otficer of the Town/City shall
be appoinled to be the RentAuthority.
31. The RentAuthority shall have all the powers as are vested in a Rent Court under this
Act in respect of any proceedings initiated under sections 4, 9, 10, 14, 15, 19 or
section 20 and the procedures as laid down in sections 35 and 36 shall apply in such
proceedings.
32. (1 ) Any person aggrieved by the order of the RentAuthority may prefer an appeal to
the Rent Court having territorial Jurisdiction.
(2) Theappeal under sub-section (1)shallbe prefeffed within a period ofthirtydays
from the date of the order of the RentAuthority.
CHAPTER. VII
RENT COURTS AND RENT TRIBUNALS
33. The State Government may by notification in the Official Gazette, appoint the Deputy
Commissioner of the District, to be the Rent Court for the purpose of thisAct, within
his jurisdiction.
34. The State Government may, in consultation with the jurisdictional High Court, by
notification, appoint District Judge orAdditional District Judge as RentTribunal in the
district.
Appeals.
Rent Court.
Rent Tribunal
Procedure to
be followed in
Rent Court.
Powers and
functions of
the Rent
Court.
35. (1)
(2)
(3)
(41
(5)
(6)
(7)
(8)
36. (1)
Save as provided in this section, nothing contained in the Code of Civil procedure,
1908 shall apply to the Rent Courts, which shall be guided by the principles of
naturaljustice and shall have the power to :sgulate their own procedure in the
follor/ing manner, namely: 
-(a) the landlord or the tenant may file an appeal before the Rent Court
accompanied by affidavit and documents, if any;
(b) the Rent Court shall then issue notice to the opposite party, accompanied
by copies of application, affidavit and documents;
(c) the opposite party shall file a reply accompanied by affidavit and documents,
if any, afier serving a copy of the same to the applicant;
(d) the parties may file rejoinders, if any, after serving the copy to the opposite
partyi
(e) the Rent Court shall fix a date of hearing and may hold such summary
inquiry as it deems necessary
The Rent Court, shall endeavor to dispose the case as expeditiously as possible
but notexceeding a period of sixty days from the date of receipt of the application:
Provided thatwhere any such appealcould not be disposed of within the said
period of sixty days, the Rent Court shall record its reascns in writing for not
disposing of the apptication within that perio(:.
ln every application before the Rent Court, the evidence of a witness shall be
given by affidavit:
Provided that the Rent Court 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.
The provisions of the Code of Civil Procedure, 1908 regarding service of summons
shali be applicable mutatis mutandistor service of notice by the Rent Court.
Every application of appeal shall be in such form as may be prescribed.
The Rent Court, shall not allow more than three adjoumments at the request of a
party throughout the proceedings and in case of reasonabte and sufftcienl 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.
Every application of appeal under clauses (a), (b), (e), (f) and (g) of sub-section
(2) of section 2'l or under section 22 shall be decided within ninety days ftom the
date of faling of such application in the Rent Court.
The Rent Court shall decide every application filed under ctauses (c) and (d) of
sub-section (2) of section 2'l within thirtt days from the date of filing of such
application.
The Rent Court shall, for discharging their functions under this Act, have the
same powers as are vested in a Civil Court under the Code of Civil procedure,
1908 for the purposes of, -
10 TheArunachal Pradesh Extraordi,tary Gazeite, November 15, 2022
TheArunachal Pradesh Extraordinary Gazette, November 15, 2022 11
(a) summonang and enforcing the attendance cf any person and examining him
on oath;
(b)
(c)
(d)
(e)
(f)
(s)
requiring the discovery and production ofdocuments;
issuing commissions for examination of the witnesses or documents;
issuing commission for local investigation;
receiving evidence on affidavits;
dismissing an application for default or deciding it ox-parfe;
(2)
(3)
(4)
(5)
(5)
(71
(8)
(e)
37 (1)
(2)
(h)
setting aside any order of dlsmissal of any application for default or any
other order passed by it ex-parle;
execution of its orders and decisions under thisActwithout reference to any
civil court;
(i) revision of orders and decisions of RentAuthority and;
0) any other matter, which may be prescribed.
Any proceedings before the Rent Court shall be deemed to be a judicial
proceeding within the meaning of sections 193 and 228, and for the purpose
of section 196, ofthe lndian Penal Code; and the Rent Court shall be deemed
to be a civil court for the purposes of section 195 and Chapter XXVI of the
Code of Criminal Procedure, 1973.
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 writrng, enter and inspect
or authorise any officer, subordinate to it, to enter and inspect, 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.
The Rent Court may, if it thinks fit, appoint one or more persons having special
knowledge ofthe matter under consideration as an assessor or valuer to advise it
in the proceeding before it.
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 otheMise.
The Rent Court may exercise the powers ofa Judicial Magistrate ofthe first class
forthe recovery ofthe fine underthe provisions of the Code of Criminal Procedure,
1973 and the Rent Court shall be deemed to be a Magistrate under the said Code
for the purposes ofsuch recovery
An order made by a Rent Court under this Chapter shall be executable by the
Rent Court as a decree ofa civil court and for this purpose; the Rent Court shall
have the porvers ofa civil court.
The Rent Court may set aside any order passed ex-parte if the aggrieved party
files an application and satrsfies it that notice was not duly served or that he was
prevented by any sufficient causefrom appearing when the case was taken up for
hearing.
Save as otherwise expressly provided in thisAct, 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.
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 Rent Tribunal having
jurisdiction within the local limits of which :he premises is situated, within a
period of thirty days from the date of that order.
The Rent Tribunal, upon flling 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 reasonable period from such date of seNice.
Appeal to
RentTribunal.
12 TheArunachal Pradesh Extraordinary Gazette, Novembe( 15,2022
(3) Where the Rent Tribunal considers it necessary in the interest of arriving at a just
and proper decision, it may allow documents ar any stage of the proceedings in
appeal:
Provided that no such document shall be allowed morethan 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 recordang reasons therefor,
confirm, set aside or modify the order passed by a Rent Court.
(6)
38. (1)
An appealfrom the order of Rent Tribunal shall lie before the High Court.
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-
(a) delivering possession of the premises to the person in whose favour the
decision has been made; or
(b) attaching one or more bank accoun:s of the party against whom order or
decree has been passed for the purpose of recovering the amount specified
in such order; or
(c) appointing any advocate or any other competent person including officers of
the Rent Court or local administration or local body forthe execution ofsuch
order.
(2) The Rent Court may direct any officials ofthe Local Govemment or Local body or
the local police for the execution of the final orders:
(3) The Rent Court shall conduct the execution proceedings, in relation to its order or
an orderof a RentTribunalor any otherorder passed underthisAct, 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 seNice of notice on opposite party.
CHAPTER - VIII
MISCELLANEOUS
39. The State Government may, in consultation with the Rent Authority or Rent Court or
RentTribunal, determine the nature and categc.ies ofofficers and other employees as
it considers necessary and appoint such officers ':,nd other employees for the efficient
discharge of their functions under this Act.
40. ('l) Save as oheMise povided in thisAct, no civilcourt shallenErEin anysuitor prooeeding
in so far as it relates to the provisions of this Act
(2) The jurisdiction of the Rent Court shallbe 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.
41. ( l ) The provisions of the Court Fees Act, 1870 shalt apply in respect of applications
orappeals to be presented befiore the RentAuthority or RentCourtor RentTribunal,
as the case may be.
(2) For the purposes of computation of court fees, the application for recovery 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 forthe apptication filed befor€ ihe RentAuthority shallbe same as
that of an interlocutory application preseti,ied in a civil court.
42. Every member of RentAuthority, Rent Court and Rent Tribunalappointed under this
Act shall be deemed to be a public servant within the meaning of section 21 of the
lndian Penal Code.
Execution of
order
Officers and
other
employees of
Rent Authority,
Rent Court and
RentTribunal.
Limitation of
civil courts
and Rent
courts.
Court fees.
Members, etc.,
to be public
servants.
TheArunachal Pradesh ExtraordinaryGazette, November 15, 2022 IJ
43. No suit, prosecution or other legal proceeding shalllie against any person, Rent
Authority, Rent Court or Rent Tribunal in respect of anything which is in good faith
done or intended to be done in pursuance of this Act
44. {1) The State Government may, by notification in the Official Gazette, make rules for
carrying out the provisions of this Act.
(2) h particular and without prejudice to the generality of the foregoing powers, 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 official language of the State for enabling submissions of
documents under sub-section (3) of section 4;
(b) the 

Excerpt shown. Open the full act in Lexace.

‹ Prev All Arunachal Pradesh acts Next ›