The JAMMU AND KASHMIR (RESIDENTIAL AND COMMERCIAL TENANCY) ACT, 2012

(RESIDENTIAL AND COMMERCIAL
TENANCY) ACT, 2012
(Act No. V of 2012)
THE JAMMU AND KASHMIR (RESIDENTIAL AND
COMMERCIAL TENANCY) ACT, 2012
(Act No. V of 2012)
CONTENTS
SECTION.
CHAPTER I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
3. Exemptions.
CHAPTER II
T enancy
4. Notification of Tenancy.
5. Period of Tenancy.
6. Inheritability of existing tenancies.
7. Restriction on Subletting.
CHAPTER III
Rent
8. Rent Payable.
9. Revision of Rent.
10. Rent Controller to fix or revise rent.
11. Security Deposit.
CHAPTER IV
Rights and Responsibilities of Landlords and Tenants
12. One set of the original Agreement to be given to the Tenant.
356 (RESIDENTIAL AND COMMERCIAL TENANCY)  ACT,  2012
SECTION.
13. Payment of rent and receipt thereof.
14. Deposit of rent with Rent Controller.
15. Responsibilities for maintenance.
16. Tenant to look after the Rental Unit.
17. Entry with Notice.
18. Information about the Property Manager.
19. Role and responsibilities of Property Manager.
20. Cutting off or withholding essential services.
CHAPTER V
T ermination of T enancy by the Landlord or Tenant
21. Termination of tenancy.
22. Notice to be given for termination.
23. Vacant possession to the landlord.
24. Successor in title to landlord.
25. Compensation in case of non-vacancy.
26. Notice for Inspection in case of sale.
27. Refund of advance rent.
28. Payment of rent during eviction proceedings.
CHAPTER VI
Powers and Procedure of Rent Controllers and Appellate Rent Tribunal
29. Rent Controllers.
30. Jurisdiction for Rent Controller.
31. Procedure for Rent Controller and Appellate Rent Tribunal.
32. Powers of Rent Controller and Appellate Rent Tribunal.
(RESIDENTIAL AND COMMERCIAL TENANCY) ACT,  2012 357
33. Appeal, Revision and Review.
34. Execution of the order.
CHAPTER VII
Miscellaneous
35. Jurisdiction of Civil Court barred in respect of certain matters.
36. Court Fees.
37. Remittance of penalty or fine recovered under the Act into consolidated fund
of the State.
38. Protection of Action taken in good faith.
39. Transfer of pending cases.
40. Power of Government to remove difficulties.
41. Power to make rules.
42. Repeal and savings.
SCHEDULE – I
SCHEDULE – II
SCHEDULE – III
–––––––
SECTION.
358 (RESIDENTIAL AND COMMERCIAL TENANCY)  ACT,  2012
THE JAMMU AND KASHMIR (RESIDENTIAL AND
COMMERCIAL TENANCY) ACT, 2012
(Act No. V of 2012)
[Received the assent of the Governor on 14th April, 2012 and published
in the Government Gazette dated 18th April, 2012.]
An Act to establish a framework for the regulation of residential and
commercial tenancy matters and to balance the rights and responsibilities of
landlords and tenants and to provide for fast adjudication process for resolution
of disputes, and for matters connected therewith or incidental thereto.
Be it enacted by the Jammu and Kashmir State Legislature in the Sixty-
third Year of the Republic of India as follows :––
CHAPTER I
Preliminary
1. Short title, extent and commencement. ––(1) This Act may be called
the Jammu and Kashmir (Residential and Commercial Tenancy) Act, 2012.
(2) It extends to all urban areas of the 1[Union territory of Jammu and
Kashmir] :
Provided that the Government may, by notification in the *[Government
Gazette], exclude or include any area or units or class of buildings from, or
within, the operation of the Act or any provision thereof.
(3) It shall come into force from the date of its publication in the
*[Government Gazette].
2. Definitions.–– In this Act unless the context otherwise requires,––
(a) ‘Act’ means the Jammu and Kashmir (Residential and Commercial
Tenancy) Act, 2012 ;
(b) ‘Appellate Rent Tribunal’ means the Special Tribunal established
under the Jammu and Kashmir Special Tribunal Act, 1988 ;
1. Substituted for “State” by S.O. 1229(E) dated 31.03.2020.
* Now Official Gazette.
360 (RESIDENTIAL AND COMMERCIAL TENANCY)  ACT,  2012
(c) ‘existing tenancies’ means tenancies entered into prior to the
commencement of the Act and covered under the Jammu and
Kashmir Houses and Shops Rent Control Act, 1966 and valid upto
twenty four months from the commencement of the Act as per
sections 4 and 8 ;
(d) ‘family’ in relation to a person means the wife or husband of such
person and his or her dependents including children, daughter-
in-law being the widow of predeceased son and parents of any of
the spouses ;
(e) ‘Government’ means 1[Government of the Union territory of Jammu
and Kashmir] ;
(f) ‘joint tenants’ means more than one person or family unit occupying
one rental unit and responsible for paying rent to the landlord
separately or jointly ;
(g) ‘landlord’ means a person or a company who owns a rental unit
and who is entitled to receive rent for the use and occupancy of
any rental unit and shall include his or its successor-in-interest ;
(h) ‘local authority’ means a Municipal Corporation or the Municipal
Council or the Municipal Committee or any other local body
constituted under any law for the time being in force ;
(i) ‘periodic tenancy’ means a tenancy for successive periods of equal
duration, that is, from month to month or week to week or as the
Government may prescribe and terminable by notice, of the same
period by either landlord or tenant and includes tenancy which
commences on the expiry of fixed term tenancy ;
(j) ‘property manager’ means a person or company who is employed
by the landlord to manage the rental unit(s) and who represents the
landlord ;
(k) ‘prescribed’ means prescribed by rules made by the Government
under the Act ;
(l) ‘public institution’ includes any educational institution maintained
out of 2[Government funds] or aid received out of 2[Government
1. Substituted for “Government of Jammu and Kashmir” by S.O. 1229(E) dated 31.03.2020.
2. Substituted ibid for “State funds”.
(RESIDENTIAL AND COMMERCIAL TENANCY) ACT,  2012 361
funds] or free hostel attached to such educational institution, library,
a Government Hospital, charitable dispensary, orphanage, disabled
home and destitute home ;
(m) ‘rent’ means the consideration paid or required to be paid
periodically by or on behalf of a tenant to the landlord or to the
property manager for the right to occupy a rental unit and for any
services and any privileges or benefits that the landlord provides
for the tenant in respect of the occupancy of the rental unit but
does not include security deposit or any other deposit ;
(n) ‘Rent Controller’ means a Controller appointed under section 29 of
the Act ;
(o) ‘rental unit’ means a unit in any building or hut or part of a building
or hut other than a farm house let or to be let separately for residential
or commercial purposes and including land appurtenant thereto,
and includes––
(i) the garden, grounds and out-houses, if any appurtenant to
such rental unit rented or available for rent for residential or
commercial use and occupancy together with all services
connected with the use and occupancy of such unit ;
(ii)  any furniture or equipment supplied by the landlord for the
use in such building or hut or part of a building or hut ;
(iii) any fittings affixed to such building or part of a building for
the more beneficial enjoyment thereof ;
but does not include hotel, hostel, a boarding house, tourist homes or guest
houses ;
(p) ‘security deposit’ means any payment, fee, deposit or charge to be
used for any purpose including recovery of rent defaults, repairing
damages caused by the tenant and any other item as specified in
the tenancy agreement ;
(q) ‘services’ include provision of furniture, furnishings, appliances,
parking and related facility, laundry facility, lifts, garbage collection,
storage facility, intercom system, cable television facility, security
services and common recreational and other facilities related or
362 (RESIDENTIAL AND COMMERCIAL TENANCY)  ACT,  2012
connected to residential or commercial use of the rental unit, as the
case may be, or as per the rent agreement ;
(r) ‘tenancy agreement’ means an agreement in writing between a
landlord and a tenant for the use and occupancy of a rental unit
and related services on agreed terms and conditions for commercial
or residential purposes ;
(s) ‘tenant’ means any person who has the right to use and occupy a
rental unit and includes successor to a tenant and a subtenant ;
(t) ‘tenancy period’ means the period for which the rental unit has
been let to the tenant by the landlord ; and
(u) ‘urban area’ means the areas that fall within the Territorial Limits of
any Municipal Corporation, Municipal Council or Municipal
Committee, as the case may be.
3. Exemptions.–– Nothing in this Act shall apply to,––
(a) any rental unit owned by the Central or 1[Government] or local
authority or a Government undertaking or a statutory body wholly
owned and controlled by the Government or cantonment board ;
(b) public institutions ;
(c) any rental unit let out before the commencement of the Act where
rent paid on the date of commencement of the Act exceeds six
thousand per annum and where such units had been exempted
under the Jammu and Kashmir Houses and Shops Rent Control
Act, 1966 ;
(d) rental unit(s) owned by a company, university or organization given
on rent to its employees as part of service contract ;
(e) any rental unit owned by religious or charitable institutions as may
be specified by the Government ; and
(f) any rental unit owned by Wakfs registered under 2[the Wakf Act,
1995 (43 of 1995)] or to any trust registered under 3[the Indian Trust
Act, 1882 (2 of 1882)].
1. Substituted for “State Government” by S.O. 1229(E) dated 31.03.2020.
2. Substituted ibid for “the Jammu and Kashmir Wakfs Act, 2001”.
3. Substituted ibid for “the Trust Act, Samvat 1977”.
(RESIDENTIAL AND COMMERCIAL TENANCY) ACT,  2012 363
CHAPTER II
Tenancy
4. Notification of Tenancy. ––(1) Notwithstanding anything contained in
the Act or any other law for the time being in force, any agreement for letting
of any rental unit entered into between the landlord and the tenant(s), after the
commencement of the Act, shall be in writing and that such tenancy agreement
will be registered or notarized with the Notary Public and signed jointly by
the landlord and tenant(s) in the manner prescribed :
Provided that two copies of the tenancy agreement shall be made in
original, one each for the landlord and the tenant and the tenancy agreement
shall be as given in Schedule I.
(2) In case of any changes in the terms of tenancy agreement, the same
will be incorporated in a new tenancy agreement, which shall be registered or
notarized as prescribed within thirty days of the changes having occurred.
(3) In case of joint tenants, the tenancy agreement may be entered into
with all the tenants jointly or with each tenant separately. In case of joint tenancy
agreement all tenants will sign the tenancy agreement and receive a copy of
the same.
(4) In case of unregistered existing tenancies, the landlord and the tenant
shall record terms of tenancy as subsisting on the date of commencement of
the Act as per Schedule II and get this registered or notarized within six months
of the commencement of the Act :
Provided that at the end of the period of twenty four months from the
commencement of the Act, the landlord and the tenant will enter into a new
tenancy agreement as per Schedule I and for all intent and purposes the tenancy
will be construed as new tenancy at the end of twenty four months from the
commencement of the Act.
5. Period of Tenancy. ––(1) All tenancies entered into after the
commencement of the Act shall be for a period as agreed between the landlord
and the tenant(s) and as noted in the tenancy agreement.
(2) The tenant may approach the landlord for renewal or extension of
the tenancy, not less than two months prior to the end of tenancy period and
if agreeable to the landlord, may enter into a new tenancy agreement with
the landlord.
364 (RESIDENTIAL AND COMMERCIAL TENANCY)  ACT,  2012
(3) If a tenancy for a fixed term ends and has not been renewed or the
premises have not been vacated by the tenant at the end of such tenancy, the
tenancy shall be deemed to be renewed on a month-to-month basis on the
same terms and conditions as were in the expired tenancy agreement subject to
any change that may be made in the rent charged.
(4) In the event of the death of the tenant, tenancy will continue till the
end of the tenancy period in case of fixed period tenancy and in case of periodic
tenancy till the end of the period.
6. Inheritability of existing tenancies.–– In case of existing tenancies, in
the event of death of the tenant, the right of tenancy shall devolve to his
successors in the following order :––
(a) spouse ;
(b) children ;
(c) parents ; and
(d) daughter-in-law being the widow of predeceased son :
Provided that the successor has ordinarily been living in the premises
with the deceased tenant as a member of family upto his death and was
economically dependant on the deceased tenant and he or his spouse or
dependent children do not own or occupy a residential unit in the same
urban area.
7. Restriction on Subletting. ––(1) After the commencement of the Act,
no tenant shall, without the previous consent in writing of the landlord,––
(a) sublet whole or any part of the premises held by him as a tenant ; or
(b)     transfer or assign his rights in the tenancy or any part thereof.
CHAPTER III
Rent
8. Rent Payable. ––(1) In case of tenancies entered into on or after the
commencement of the Act, rent payable of a rental unit shall be the rent agreed
between the landlord and the tenant at the commencement of tenancy.
(RESIDENTIAL AND COMMERCIAL TENANCY) ACT,  2012 365
(2) In case of existing tenancies, at the end of twenty four months from the
commencement of the Act, rent payable shall be as per sub-section (1) and––
(a) the landlord shall intimate the tenant two months prior to the expiry
of twenty four months from the commencement of the Act about
the revision in rent ;
(b) in the absence of an agreement between the landlord and the tenant
on the rent payable as per sub-section (1), the landlord will have
the option to terminate the tenancy as per section 21 of the Act.
9. Revision of Rent. ––(1) Revision of rent between the landlord and the
tenant shall be as per the terms set in the tenancy agreement.
(2) The landlord shall give a notice in writing to the tenant three months
before the revised rent becomes due.
(3) If a tenant who has been given notice of an intended rent increase
under sub-section (2) fails to give the landlord notice of termination of tenancy,
the tenant shall be deemed to have accepted whatever rent increase has been
proposed by the landlord.
(4) In case the rental unit has been let for a fixed term, rent may not be
increased during the currency of the tenancy period unless the amount of
increase or method of working out the increase is expressly set out in the
tenancy agreement.
(5) No tenant shall directly or indirectly sublet or assign, whole or part of
the rental unit for a rent that is higher than the rent or the proportionate rent
charged by the landlord to the tenant.
(6) Where the landlord, after the commencement of tenancy and with
agreement with the tenant has incurred expenditure on account of improvement,
addition or structural alteration in the rental unit occupied by the tenant, not
being repairs necessary to be carried out under section 15, the landlord may
increase the rent of the premises by an amount as agreed between the landlord
and the tenant prior to the commencement of the work and such increase in
rent will become effective from one month after the completion of work.
(7) Where after the rent of a rental unit has been agreed or fixed, there
has been a decrease or diminution or deterioration of accommodation or services
in the rental unit, the tenant may claim a reduction in the rent and may approach
the Appellate Rent Tribunal for the same in case of a conflict.
366 (RESIDENTIAL AND COMMERCIAL TENANCY)  ACT,  2012
(8) The landlord may either restore the rental unit and the connected
services as at the commencement of tenancy or agree for a reduction in rent.
10. Rent Controller to fix or revise rent.–– The Rent Controller, on an
application by the landlord or tenant may fix or revise, as the case may be, the
rent and other charges payable by the tenant as also fix the date from which
the revised rent becomes payable.
11. Security Deposit.–– Unless there is an agreement to the contrary, it
shall be unlawful to charge a security deposit in excess of three times the
monthly rent and the security deposit shall be refunded to the tenant within
one month after vacation of the rental unit after making due deduction of any
liability of the tenant.
CHAPTER IV
Rights and Responsibilities of Landlords and Tenants
12. One set of the original Agreement to be given to the Tenant.–– After
a tenancy agreement has been signed by both the landlord and tenant, the
landlord must give the original signed and registered or notarized agreement to
the tenant within fifteen days of the agreement, being signed by both the
landlord and the tenant in the manner as prescribed.
13. Payment of rent and receipt thereof. ––(1) Every tenant shall pay rent
and other charges within the stipulated period as in the tenancy agreement or
in the absence of such stipulation by the tenth day of the month next following
the month for which it is payable and in the event of default the tenant shall be
liable to pay simple interest at the prescribed rate for the period by which the
rent payment has been delayed.
(2) Every landlord will give a receipt for all payments made by the tenant
on account of rent, including penal interest; advance rent and security deposit
and all other charges or fees.
14. Deposit of rent with Rent Controller. ––(1) In case the landlord does
not accept any rent or other charges or refuses to give receipt, the tenant shall
send rent and other charges to the landlord by postal money order or through
account payee cheque, or in any other manner as prescribed.
(2) In the event of non-acceptance of rent and other charges by any
mode of payment by the landlord, the tenant may deposit rent and other charges
with the Rent Controller in the manner, as may be prescribed.
(RESIDENTIAL AND COMMERCIAL TENANCY) ACT,  2012 367
(3) On deposit of the rent, the Rent Controller shall investigate and pass
an order based on facts of the case.
(4) Any rent and charges not withdrawn for five years by any person
entitled to withdraw shall stand forfeited towards the Government.
15. Responsibilities for maintenance. ––(1) Subject to any agreement to
the contrary, both the landlord and tenant will be responsible for the respective
repairs and maintenance as in Schedule III.
(2) In case of common facilities shared among the tenants or with the
landlord the respective responsibilities of each tenant and landlord will be
specified in the tenancy agreement.
(3) In the event of tenants’ refusal to carry out scheduled or agreed
repairs, the landlord shall get the repairs done and deduct the amount from
the security deposit.
(4) In case the landlord refuses to carry out the scheduled or agreed
repairs, the tenant can get the work done and deduct the same from
periodic rent :
Provided that in no case will the deduction from rent in any one month
exceed fifty percent of the agreed rent for one month.
(5) In case the unit is inhabitable without the repairs and the landlord has
refused to carry out the required repairs, after being called upon to get the
repairs done in writing by the tenant(s), the tenant(s) will have the right to
abandon the unit after giving landlord fifteen days notice in writing or approach
the Rent Controller.
16. Tenant to look after the Rental Unit.–– During the tenancy, the
tenant must,––
(i) not intentionally or negligently damage the rental unit or permit
such damage ;
(ii) notify the landlord of any damage as soon as possible ; and
(iii) take reasonable care of the rental unit and its contents and keep
them reasonably habitable having regard to their condition at the
commencement of tenancy and the normal incidence of living.
368 (RESIDENTIAL AND COMMERCIAL TENANCY)  ACT,  2012
17. Entry with Notice. ––(1) A landlord or the Property Manager may
enter a rental unit in accordance with written notice given to the tenant at least
twenty four hours before the time o f entry und er the fo llowing
circumstances––
(a) to carry out repairs or replacement or do or get done work in the
rental unit ;
(b) to carry out an inspection of the rental unit for the purpose of
determining whether the rental unit is in a habitable state ;
(c) for any other reasonable reason for entry specified in the tenancy
agreement.
(2) The written notice will specify the reasons for entry, the day and time
of entry :
Provided that the time for entry shall be between sunrise and sunset.
18. Information about the Property Manager.–– In case the landlord has
hired a Property Manager, the landlord must provide tenant the following
information––
(i) name of the Property Manager ;
(ii) the fact that he is agent of the landlord and employed by the
landlord ; and
(iii) if the Property Manager is a company, name of the employee of
the company who can be contacted in relation to the residential
tenancy agreement.
19. Role and responsibilities of Property Manager.–– The functions of
the Property Manager may include the following:––
(i) collection of rent against receipt ;
(ii) getting essential repairs done on behalf of the landlord ;
(iii) inspection of the rental unit from time to time ;
(iv) giving notices to tenant(s) for,––
(a) proper maintenance of the rental unit ;
(RESIDENTIAL AND COMMERCIAL TENANCY) ACT,  2012 369
(b) delay in payment of rent ;
(c) revision of rent ;
(d) vacation of rental unit ;
(e) renewal of tenancy ;
(v) help in resolution of disputes among tenants and between landlord
and tenant(s) ; and
(vi) other matters relating to tenancy.
20. Cutting off or withholding essential services. ––(1) No landlord or
tenant by himself or through any person shall cut off or withhold any essential
supply or service in the rental unit occupied by the tenant or the landlord.
(2) In case of contravention of provisions of sub-section (1) and on an
application from the tenant or the landlord, as the case may be, the Rent
Controller after examining the matter may pass an interim order directing the
restoration of supply of essential services immediately pending the inquiry.
(3) The Rent Controller may also levy a penalty on the person responsible
for cutting off or withholding the essential supply, which may extend upto
Rupees twenty thousand only.
(4) The Rent Controller may direct that compensation be paid to
the landlord or tenant if it finds that the application was made frivolously
or veraciously.
Explanation:––Essential services include supply of water, electricity, lights
in passage, lifts and on staircase, conservatory and sanitary
services.
CHAPTER V
Termination of Tenancy by the Landlord or Tenant
21. Termination of tenancy.–– (1) A Tenancy may be terminated only in
accordance with the Act in the following manner :––
Landlord may give a notice of three months to the tenant if––
370 (RESIDENTIAL AND COMMERCIAL TENANCY)  ACT,  2012
(i) the landlord bonafidely requires possession of rental unit
for the purpose of residential or commercial occupation by
the landlord himself, his spouse or a child or parent of the
landlord ; or
(ii) the landlord requires possession of rental unit in order to––
(a) demolish it ;
(b) convert it to some other use ; or
(c) do repairs or renovation that require vacant possession
of the unit.
(2) The landlord may give a notice of fifteen days to terminate the tenancy
if the tenant has :––
(i) not paid rent for two months consecutively ;
(ii) sublet the premises without permission of the landlord ;
(iii) caused substantial damage to the rental unit ;
(iv) caused nuisance or annoyance to the neighbours ;
(v) used the premises for illegal or immoral purposes ; or
(vi) violated any condition set in the tenancy agreement.
(3) The tenant may give a notice of two months, or two month’s rent in
lieu of notice, to the landlord to terminate the tenancy in case the tenancy is
for more than a year or one month’s notice, or one month’s rent in lieu of
notice, in case the tenancy is for less than a year.
(4) In case of fixed period tenancy, the tenancy is terminated at the end of
the fixed period and no notice is required to be served to the tenant to vacate
the rental unit.
(5) In case of tenancies of more than five years the landlord may serve a
notice of six months to the tenant during the term of tenancy, to vacate the
rental unit, at the end of notice period, without giving any reason to terminate
the tenancy.
(RESIDENTIAL AND COMMERCIAL TENANCY) ACT,  2012 371
(6) In case the rental unit was given to the tenant for use as residence by
reason of his being in the service or employment of the landlord, the tenancy
will terminate when the tenant ceases to be in such service or employment.
22. Notice to be given for termination. ––(1) If a notice of termination
is given in accordance with the Act and the tenant vacates the rental unit in
accordance with the notice, the tenancy is terminated on the date set out in
the notice.
(2) A notice of termination need not be given if a landlord and tenant
have agreed to terminate the tenancy or if the tenancy is for a fixed period.
(3) The notice of termination shall include––
(i) identification of rental unit for which the notice is given ;
(ii) the date on which the tenancy is to terminate ; and
(iii) signature of the person(s) giving the notice.
(4) If the notice is given by the landlord, it shall also set out the reasons
relating to termination and inform the tenant that––
(i) if the tenant vacates the rental unit in accordance with the notice,
the tenancy terminates on the date set out in the notice ;
(ii) if the tenant does not vacate the rental unit, the landlord may apply
to the Rent Controller for an order terminating the tenancy and
evicting the tenant ; and
(iii) if the landlord applies for an order, the tenant is entitled to dispute
the application.
23. Vacant possession to the landlord.–– In case the tenancy is terminated
by notice, agreement or order, the landlord will have the right to vacant
possession of the rental unit.
24. Successor in title to landlord.–– A person other than a landlord who
would be entitled to possession (either by purchase or by succession or by
any other reason) of the rental unit shall notify the tenant as soon as practicable,
after becoming so entitled that the person would be entitled to possession and
that the person who was landlord is no longer landlord and that the tenancy
372 (RESIDENTIAL AND COMMERCIAL TENANCY)  ACT,  2012
will continue on same terms and conditions as in the existing tenancy agreement
with the previous landlord.
25. Compensation in case of non-vacancy.–– A landlord is entitled to
compensation of double the monthly rent for the use and occupation of a rental
unit by a tenant who does not vacate the unit after his tenancy has been
terminated by order, notice or agreement, as the case may be.
26. Notice for Inspection in case of sale.–– If the landlord intends to sell
the rental unit, he shall give the tenant notice of fourteen days before the rental
unit is to be made available for inspection of prospective buyers.
27. Refund of advance rent.–– The  landlord shall before recovery of
possession of rental unit refund rent and other payment, if any, received in
advance from the tenant, where  tenant vacates the premises on a notice given
by the landlord under clauses I and II of section 21 :
Provided that refund shall be made by the landlord after deducting the
rent and other charges due to him within one month of termination of tenancy.
28. Payment of rent during eviction proceedings.–– Where in any
proceedings for termination of tenancy by the landlord on any ground, the
tenant contests the claim for eviction, the landlord may, at any stage of
proceedings, apply to the Rent Controller to direct the tenant to pay to the
landlord rent payable under section 8 and the Rent Controller may order the
tenant to make such payment regularly to the landlord by tenth of every month
and all other charges due from the tenant along with penal charges, if any, due
to delay in payment of the same.
CHAPTER VI
Powers and Procedure of Rent Controllers and Appellate Rent
Tribunal
29. Rent Controllers.–– The Government may, by notification in the
Government Gazette, designate as many Rent Controllers as it thinks fit, and
define the local limits within which, each Rent Controller shall exercise the
powers conferred, upon, or perform the duties assigned, to the Rent Controllers
by or under the Act :
Provided that an officer designated as Rent Controller shall not in any
case be less than the rank of,––
(RESIDENTIAL AND COMMERCIAL TENANCY) ACT,  2012 373
(i) an Assistant Commissioner (Revenue) in areas falling within the
limits of Municipal Corporations ; and
(ii) a Tehsildar in areas falling within the limits of Municipal Councils
or Municipal Committees, as the case may be :
Provided further that the Rent Controllers appointed under this section
shall be designated from amongst the officers of the Revenue Department on
cash neutral basis.
30. Jurisdiction for Rent Controller.–– Notwithstanding anything
contained in any other law for the time being in force, in the areas to which the
Act extends, only the Rent Controller, and no Civil Court, shall have jurisdiction
to hear and decide the petitions relating to disputes between landlord and tenant
and matters connected with and ancillary thereto covered under the Act including
tenancies and premises covered under sub-section (1) of section 3 of the Act
and those covered under 1[the Transfer of Property Act, 1882 (4 of 1882)] :
Provided that Rent Controller shall, in deciding such petitions relating to
tenancies and premises covered under sub-section (1) of section 3 of the Act
or those covered under 1[the Transfer of Property Act, 1882 (4 of 1882)] have
due regard to the provisions of 1[the Transfer of Property Act, 1882 (4 of
1882)], 2[the Contract Act, 1872 (9 of 1872)] or any other substantive law
applicable to such matter in the same manner in which such law would have
been applied had the dispute been brought before a Civil Court by way of suit.
31. Procedure for Rent Controller and Appellate Rent Tribunal. ––(1)
Subject to any rules that may be made under this Act, the Rent Controller and
the Appellate Rent Tribunal shall not be bound by the procedure laid down by
3[the Code of Civil Procedure, 1908 (5 of 1908)] but shall be guided by the
principle of natural justice and shall have power to regulate their own procedure.
The landlord or tenant may file the petition before the Rent Controller
accompanied by affidavits and documents, if any, and the following procedure,
as far as may be practicable, shall be followed :––
(i) the Rent Controller shall issue notice to the opposite party,
accompanied by copies of petition, affidavits and documents ;
1. Substituted for “the Transfer of Property Act, Samvat 1977” by S.O. 1229(E) dated
31.03.2020.
2. Substituted ibid for “the Contract Act, Samvat 1977”.
3. Substituted ibid for “the Code of Civil Procedure, Samvat 1977”.
374 (RESIDENTIAL AND COMMERCIAL TENANCY)  ACT,  2012
(ii) the opposite party will file a reply accompanied by affidavits and
documents, if any, after serving a copy of   the same to the
petitioner ;
(iii) the petitioner may file a rejoinder, if any, after serving the copy to
the opposite party ; and
(iv) the Rent Controller will then fix a date of hearing and may hold
such summary inquiry as it deems necessary.
(2) In every case before the Rent Controller and the Appellate Rent
Tribunal, the evidence of a witness shall be given by affidavit. However, the
Rent Controller and the Appellate Rent Tribunal, where it appears to it that it is
necessary in the interest of justice to call a witness for examination or cross-
examination and such witness can be produced, may order attendance for
examination or cross-examination of such a witness.
(3) Every notice shall be served through process server of the Rent
Controller, Appellate Rent Tribunal as well as by registered post
acknowledgement due or through any other method as may be prescribed
and the notice duly served by any of these methods shall be treated as
sufficient notice.
(4) Every petition or appeal, as far as possible, shall be in the model
forms as may be prescribed.
(5) The Rent Controller shall not ordinarily allow more than three
adjournments at the request of a party throughout the proceedings and in case
he decides to do so, he shall record the reasons for the same in writing and order
the party requesting adjournment to pay the reasonable cost to the other party.
(6) The time period within which the Rent Controller and Appellate Rent
Tribunal shall decide a petition shall be as follows:––
(i) all petitions under sections 9 and 10 for fixation or revision of rent,
shall be decided within ninety days from the day of filing of petition
by the tenant or landlord with the Appellate Rent Tribunal ;
(ii) all petitions under sub-section (2) of section 20 will be decided
within thirty days of filing of application by the landlord or the
tenant(s) ;
(RESIDENTIAL AND COMMERCIAL TENANCY) ACT,  2012 375
(iii) all petitions under sub-section (1) of section 21 will be decided
within ninety days of application to the Appellate Rent Tribunal ;
and
(iv) petitions under sub-clause II of section 21 will be decided within
sixty days of application to the Rent Controller and the Appellate
Rent Tribunal.
32. Powers of Rent Controller and Appellate Rent Tribunal. ––(1) The
Rent Controller and the Appellate Rent Tribunal for the purpose of discharging
their functions under the Act, shall have the same powers as are vested in a
Civil Court under 1[the Code of Civil Procedure, 1908 (4 of 1908)] for the purposes
of,––
(i) summoning and enforcing the attendance of any person and
examining him on oath ;
(ii) requiring the discovery and production of document ;
(iii) issuing commission for examination of witness or documents ;
(iv) issuing commission for local investigation ;
(v) receiving evidence on affidavits ;
(vi) dismissing an application or appeal for default or deciding it ex-
parte ;
(vii) setting aside any order of dismissal of any application or appeal for
default or any other order passed by it ex-parte ;
(viii) for the execution of its orders and decisions under the Act like
decree of a Civil Court without reference to any Civil Court ;
(ix) reviewing its orders and decisions ; and
(x) any other matter which may be prescribed.
(2) Any proceeding before the Rent Controller or Appellate Rent Tribunal
shall be deemed to be a judicial proceeding within the meaning of 2[sections
193 and 228, and for the purposes of section 196, of the Indian Penal Code (45
1. Substituted for “the Code of Civil Procedure, Samvat 1977” by S.O. 1229(E) dated 31.03.2020.
2. Substituted for certain words and figures ibid.
376 (RESIDENTIAL AND COMMERCIAL TENANCY)  ACT,  2012
of 1860)] and the Rent Controller and the Appellate Rent Tribunal shall be
deemed to be a Civil Court for the purposes of 1[the Code of Criminal Procedure,
1973 (2 of 1974)].
(3) For the purpose of holding an inquiry or discharging any duty under
the Act, the Rent Controller or the Appellate Rent Tribunal may,––
(i) after giving not less than twenty four hours notice in writing, enter
and inspect or authorize any officer, subordinate to him, to enter and
inspect, any rental unit at anytime between sunrise and sunset ;
(ii) by written order, require any person to produce for his 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 Controller may, if he thinks fit, appoint one or more persons
having special knowledge of the matter under consideration as assessor or
valuer to advise him in the proceedings before him.
(5) Any clerical or arithmetical mistake in any order passed by the Rent
Controller or the Appellate Rent Tribunal or any other error arising out of any
accidental omission may, at any time, be corrected by the Rent Controller or
the Appellate Rent Tribunal, as the case may be, on an application received by
it in this behalf from any of the parties or otherwise.
(6) The Rent Controller may exercise the powers of a Judicial Magistrate
for the recovery of the fine under the provisions of 1[the Code of Criminal
Procedure, 1973 (2 of 1974)] and the Rent Controller shall be deemed to be a
Magistrate under the said Code for the purposes of such recovery.
(7) An order made by a Rent Controller or an order passed in appeal or
revision or review under this chapter shall be executable by the Rent Controller
as a decree of a Civil Court and for this purpose, the Rent Controller shall have
the powers of a Civil Court.
(8) The Rent Controller may set aside an order passed ex parte if the
aggrieved party files an application and satisfies him/her that notice was not
duly served or that he/she was prevented by any sufficient cause from appearing
when the case was called for hearing.
1. Substituted for “the Code of Criminal Procedure, Samvat 1989” by S.O. 1229(E) dated
31.03.2020.
(RESIDENTIAL AND COMMERCIAL TENANCY) ACT,  2012 377
(9) Save as otherwise expressly provided in the Act, every order made by
the Rent Controller shall, subject to decision in appeal, be final and shall not be
called in question in any original suit, application or execution proceedings.
(10) The Rent Controller shall have the power to effect conciliation between
the parties in any case pending before it.
33. Appeal, Revision and Review. ––(1) From every final order passed by
the Rent Controller, an appeal shall lie to the Appellate Rent Tribunal and such
an appeal shall be filed within a period of thirty days from the date of final
order along with copy of such final order.
(2) The Appellate Rent Tribunal, upon filing an appeal before it under
sub-section (1), shall serve notice, accompanied by 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 one hundred and twenty days from the date of service of
notice of appeal on the respondent.
(3) Where the Appellate Rent Tribunal considers it necessary in the
interest of arriving at a just and proper decision, it may allow filing of additional
affidavits or documents at any stage of the proceedings in appeal.
(4) The Appellate 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 Appellate Rent Tribunal after recording
reasons therefor, may––
(i) confirm, vary, set aside, reverse or modify the order passed by a
Rent Controller ; and
(ii) if necessary, in the interest of justice, remand the case to the Rent
Controller alongwith such direction as it may deem fit.
(6) The decision of the Appellate Rent Tribunal shall be final and no
further appeal or revision shall lie against the order.
(7) On application of any of the parties and after notice to the parties
and after hearing such of them, as have desired to be heard, or of its own
motion without such notice, the Appellate Rent Tribunal may at any stage
transfer any case from one Rent Controller to any other Rent Controller within
the same district for disposal.
378 (RESIDENTIAL AND COMMERCIAL TENANCY)  ACT,  2012
(8) Where any case has been transferred under sub-section (7), the Rent
Controller to whom the case has been transferred, subject to any special direction
in the order of transfer, shall proceed from the stage at which it was transferred.
34. Execution of the order. ––(1) The Rent Controller shall, on
application of any party, execute in the manner prescribed, a final order or
any other order passed under the Act, by adopting any one or more of the
following modes namely :––
(i) attachment and sale of the movable or immovable property of the
opposite party ;
(ii) attachment of any one or more bank accounts of the opposite party
and satisfaction of the amount of order to be paid from such account ;
(iii) attachment of a reasonable portion of salary and allowances of a
Government servant or employee of any nationalized bank, local
authority, university, corporation and Government company ;
(iv) appointing any advocate as commission on such remuneration as
may be fixed or deputing any officer of the local administration or
local body for the execution of the order ;
(v) delivery of possession of the rental unit to the person in whose
favour the decision has been made.
(2) The Rent Controller may, in order to execute the final order or any
other order passed under the Act, require the help from the local administration
or local body or the police.
(3) The Rent Controller shall conduct the execution proceedings in
relation to a final order or any other order passed under the Act in summary
manner and dispose of the application for execution made under this section
within thirty days from the date of service of notice on opposite party.
CHAPTER VII
Miscellaneous
35. Jurisdiction of Civil Court barred in respect of certain matters.––
Save as otherwise provided in the Act, no Civil Court shall entertain any suit
or proceedings in so far as it relates to fixation of rent payable and matters
(RESIDENTIAL AND COMMERCIAL TENANCY) ACT,  2012 379
incidental thereto or to any other matter which the Rent Controller or Appellate
Rent Tribunal is empowered by or under the Act to decide and no injunction in
respect of any action taken or to be taken by the Rent Controller or Appellate
Rent Tribunal under the Act, shall be granted by any Civil Court.
36. Court Fees. ––(1) The provisions of 1[the Court Fees Act, 1870 (7 of
1870)] shall apply in respect of applications and appeals to be presented before
the Rent Controller and Appellate Rent Tribunal.
(2) The applications for recovery of possession made to the Rent
Controller or Appellate Rent Tribunal and the memorandum of appeals presented
before the Rent Controller or Appellate Rent Tribunal shall be treated as suits
between the landlord and the tenant for the purposes of computation of court
fees.
37. Remittance of penalty or fine recovered under the Act into
consolidated fund of the State.–– The amount recovered in the form of penalty
or fine under sub-section (3) of section 20 and sub-section (6) of section 32 of
the Act shall be remitted to 2[Consolidated Fund of the Union territory of
Jammu and Kashmir].
38. Protection of Action taken in good faith.–– No suit, prosecution or
other legal proceedings shall lie against any Rent Controller or Appellate Rent
Tribunal in respect of anything which is done in good faith or intended to be
done in pursuance of the Act.
39. Transfer of pending cases.–– On the commencement of the Act, all
cases or proceedings in execution of any decree pending in Courts under the
Jammu and Kashmir Houses and Shops Rent Control Act, 1966 shall stand
transferred to the Rent Controller or Appellate Rent Tribunal specified under
the Act and the concerned Rent Controller or the Appellate Rent Tribunal, as
the case may be, shall proceed to hear such cases either de-novo or from the
stage it was at the time of such transfer.
40. Power of Government to remove difficulties.–– If any difficulty arises
in giving effect to the provisions of the Act, the Government may, by order,
make such provisions not inconsistent with the provisions of the Act as may
appear to be necessary for removing the difficulty :
1. Substituted for “the Jammu and Kashmir Court Fees Act, Samvat 1977” by S.O. 1229(E)
dated 31.03.2020.
2. Substituted ibid for “Consilidated Fund of the State”.
380 (RESIDENTIAL AND COMMERCIAL TENANCY)  ACT,  2012
Provided that no order shall be made under this section after the expiry
of two years from the commencement of the Act.
41. Power to make rules.–– The Government may, by notification, make
rules for purposes of carrying out the provisions of the Act.
42. Repeal and savings. ––(1) The Jammu and Kashmir Houses and Shops
Rent Control Act, 1966 is hereby repealed.
(2) Notwithstanding such repeal, anything done, any action taken, any
order or notification issued under the said Act shall be deemed to have been
done, taken or issued under the corresponding provisions of the Act as if this
Act was in force on the date, such thing was done, action taken or order or
notification was issued.
(3) Subject to the provisions of section 39 all cases and proceedings
under the said Act pending, at the commencement of the Act, shall be continued
and disposed off by the Rent Controller or Appellate Rent Tri

Excerpt shown. Open the full act in Lexace.

‹ Prev All Jammu and Kashmir acts Next ›