LexThe rajasthan rent control act, 2001
Rajasthan · state statute
Open in Lexace · Ask the AI about this actTHE RAJASTHAN RENT CONTROL ACT, 2001
An
act
to provide for control of eviction from, letting of, and rents for, certain premises in the State of
Rajasthan and matters incidental thereto.
Be it enacted by the Rajasthan State Legislature in the Fifty-second Year of the Republic
of India, as follows:-
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement .- (1) This Act may be called the Rajasthan Rent
control Act, 2001.
(2) It shall extend in first instance to such of the municipal areas which are compr ising the
District Headquarters in the State and later on to such of the other municipal areas 1[xxx]
as the State Government may, by notification in the official Gazette, specify from time to
time.
(3) It shall come into force with effect from such date I as the State Government may/ by
notification in the Official Gazette, appoint.
2. Definitions.- In this Act, unless subject or context otherwise requires,-
(a) "amenities" includes supply of water and electricity, passages, staircase, natural light,
lavatories, l ifts, conservancy, sanitary services, telephone services, T. V. Cable services
or the like;
(b) Appellate Rent Tribunal" means Appellate Rent Tribunal constituted under section l9;
(c) "landlord" means any person ho for the time being is receiving or is entitled to receive
the rent of any premises, whether on his own account or as an agent, trustee, guardian or
receiver for any other person, or who would so receive or be entitled to receive the rent, if
the premises were let to a tenant;
(d) "lease" means a lease a s defined under the Transfer of Property Act, 1882 (Central Act
No. 4 of 1882);
(e) "Municipal Area" means the municipal area as defined under the Rajasthan
municipalities Act, 2[2009 (Act No. 18 of 2009)];
1 Deleted by Section 2 of Act 1 of 2006 Published in the Rajasthan Gazette Extra-Ordinary Pt 4-(A) 11.03.2003
2 Substituted By THE RAJASTHAN RENT CONTROL (AMENDMENT)ACT, 2017(Act 33 Of 2017) dated 27.09.2017 for "
1959 (Act No. 38 of 1959"
(f) "Premises" means-
(a) any land not being used for agricultural purposes; and
(b) any building or part of a building (other than a farm building) let or intended to be let
for use as a residence or for commercial use or for any other purpose, including,-
(i) the gardens, grounds, godowns, garages and out -houses, if a ny, appurtenant to such
building or part,
(ii) any furniture supplied by the landlord for use in such building or part,
(iii) any fittings affixed to, and amenities provided in, such building or part for the more
beneficial enjoyment thereof, and
(iv) any land appurtenant to and let with any such building or part, but
does not include a room or other accommodation in a hotel, dharamshala, inn, sarai,
lodging house, boarding house or hostel;
Explanation:-In absence of a contract to the contrary, the top of the roof shall not form part
of the premises let out to a tenant;
3[(fa) "Rent Authority" means the officer appointed under Sec. 22-A;]
(g) "Rent Tribunal" means a Rent Tribunal constituted under section 13;
(h) "senior citizen" means a citizen o f India who has attained the age of sixty five years or
more;
(i) "tenant" means-
(i) the person by whom or on whose account or behalf rent is, or but for a contract express
or implied, would be payable for any premises to his landlord including the person who
is continuing in its possession after the termination of his tenancy otherwise than by an
order or decree for eviction passed under the provisions of this Act; and
(ii) in the event of death of the person referred to in sub-clause (i),-
(a) in case of premises let out for residential purposes, his surviving spouse, son, daughter,
mother and father who had been ordinarily residing with him in such premises as
member of his family upto his death;
(b) in case of premises let out for commercial or business purposes, his surviving spouse, son,
daughter, mother and father who had been ordinarily carrying on business with him in
such premises as member of his family upto his death; and
( j ) ".Tribunal" means an Appellate Rent Tribunal or a Rent Tribunal, as the case may be.
3 Inserted By section 2(ii) of THE RAJASTHAN RENT CONTROL (AMENDMENT)ACT, 2017(Act 33 Of 2017) dated
27.09.2017
3. Chapter II and III not to apply to certain premises and tenancies.-Nothing Contained
in Chapter II and III of this Act shall apply,-
[(i). (ii) and (iii) *****.]4
(a) rupees seven thousand or more in the case of the premises situated in the municipal area
of Jaipur city;
(b) rupees four thousand or more, in the case of premises let out at places situated in the
municipal areas comprising the Divisional Headquarters Jodhpur, Ajmer, Kota,
Udaipur and Bikaner;
(c) rupees two thousand or more, in case of premises le t out at places situated in other
municipal areas. to which this Act extends for the time being;
(i) to any premises belonging to or let out by the Central Government or the State
Government or a local authority;
(ii) to any premises belonging to or let out by anybody corporate constituted by a Central
Act or a Rajasthan Act;
(iii) to any premises belonging to a Government company as defined under section 617 of the
Companies Act, 1956 (Central Act No. 1 of 1956);
(iv) to any premises belonging to the Devasthan Department of the State, which are
managed and controlled by the state Government or to any property of a Wakf,
registered under the Wakf Act,1995 (Central Act No. 43 of 1995);
(v) to any premises belonging to such religious, charitable or educational trust or class of
such trusts as may be specified by the State Government by notification in the Official
Gazette;
(vi) to any premises belonging to or vested in a University established by any law for the
time being in force;
(vii) to any premises let to banks, or any Public Secto r Undertakings or any Corporation
established by or under any Central or State Act, or multinational companies, and
4 Deleted By Section 3 of Section 3 of THE RAJASTHAN RENT CONTROL (AMENDMENT)ACT, 2017(Act 33 Of 2017)
dated 27.09.2017
private limited companies or public limited companies having a paid up share
captial of rupees one crore or more;
Explanation.-For the purpose of this clause the expression "bank" means,-
(i) the State Bank of India constituted under the State Bank of India Act, 1955 (Central Act
No. 23 of 1955);
(ii) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959
(Central Act No. 38 of 1959);
(iii) a corresponding new bank constituted under section 3 of the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1970 (Central Act No. 5 of 1970) or
under section 3 of the Banking Companies (Acquisition and Transfer of Undert aking) Act,
1980 (Central Act No. 40 of 1980);
(iv) any other bank, being a scheduled bank as defined in clause (e) of section 2 of the
Reserve Bank of India Act, 1934 (Central Act No. 2 of 1934); and
(xi) to any premises let out to a citizen of a foreign cou ntry or to I an Embassy/ High
commission, Legation or other Body of a foreign
State, or such international organisation as may be specified by the State Government by
noti- fication in the official Gazette.
4. Rent to be as agreed. -(1) The rent Payable for any premises shall, subject to other
provisions of this Act, be such as may be agreed upon between the landlord and the
tenant and it shall not include the charges payable for amenities which may be agreed
upon separately; and shall be payable accordingly.
5. Payment and remittance of rent by tenant. - (1) Unless agreed othervise every tenant
shall pay the rent by the fifteenth day of the month next following the month for which the
rent is payable.
(2) Every tenant who makes a payment on account of rent shall be entitled to obtain a
receipt of the amount paid duly signed by the landlord or his duly authorised agent.
(3) A tenant may make payment to the landlord or his duly authorised agent, by the any of
the following methods: -
a. by personal payment, by cash, by Cheque or Bank Draft, or
b. by payment in the bank account as may be specified by the landlord, or
c. by remitting through postal money order.
(4) The landlord shall disclose to the tenant his bank account number and name of the bank
in the same municipal area, in the r ent agreement or by a notice sent to him by
registered post, acknowledgement due.
CHAPTER-II
REVISION OF RENT
6. Revision of rent in respect of existing tenancies.
(1) Notwithstanding anything contained in any agreement, where the premises have been let
out before the commencement of this Act, the rent thereof shall be liable to be revised
according to the formula indicated below:-
(a) where the premises have been let out prior to lst January, 1950, it shall be deemed to
have been let out on lst January, 1950 and the rent payable at that time shall be liable to
be increased. at the rate of 5[5] % per annum and the amount of increase of rent shall be
merged in such rent after ten years. The amount of rent so arrived at shall again be liable
to be increased at th e rate of 6[5] % per annum in similar manner upto the year of
commencement of this Act-
(b) where the premises have been let out on or after lst January, 1950, the rent payable at the
time of commencement of the tenancy shall be liable to be increased at the rate of
7[5] % per annum and the amount of increase of rent shall be merged in such rent after
ten years. The amount of rent so arrived at shall again be liable to be increased at the
rate of 8[5] % per annum in similar manner upto the year of commencement of this Act-
Illustration : - If the rent was Rs. 100 per month on 1st January, 1950, it shall become Rs.
175/- per month on lst January, 1960. It shall become Rs. 306.30 per month on 1st January,
1970 and Rs. 536.30 per month on 1st January, 1980.
(2) Notwithstanding anything contained in subsection (1), where the period of ten years for
merger of increase of rent under sub-section (1) is not - completed upto the year of the
commencement of thi s Act, the rent at the rate of 9[5] % per annum shall be increased
upto the year of the commencement of this Act and the amount of increase of rent shall
be merged in rent.
(3) The rent arrived at according to the formula given in sub -sections (1) and (2) shall, after
completion of each year from the year of commencement of this Act, again be liable to
be increased and paid at the rate of 10[5] % per annum and the amount of increase of rent
shall be merged in such rent after ten years. Such rent shall further be liable to be
increased at similar rate and merged in similar man ner till the tenancy subsists.
(4) The rent revised as per formula given under subsection (1) or sub -section (2) shall be
payable, after the commencement of this Act, from the date agreed upon between the
landlord and the tenant or where any petition is filed in a Rent Tribunal, from the date of
filing of such petition.
7. Revision of rent in respect of new tenancies.- (1) In the absence of any agreement to the
contrary, the rent of the premises let out after the commencement of this Act shall be liable to
be increased at the rate of 5 % per annum and the amount of increase of rent shall be merged
in such rent after ten years. Such rent shall further be liable to be increased at the similar rate
5 Substituted for "7.5%" vide Act No. 1 of 2006, w.e.f 22-02-2006
6 Ibid
7 Ibid
8 Ibid
9 Ibid
10 Ibid
and merged in similar manner till the tenancy subsists.
(2) Any agreemen t for increase of rent in excess of 5% per annum shall be void to that
extent.
CHAPTER-III
TENANCY
8. Limited period tenancy. -(l) A landlord may let out the premises for residential purposes
for a limited period not exceeding three years.
(2) In such cases th e landlord and the proposed tenant shall submit a joint petition before
the Rent Tribunal for permission to enter into the limited period tenancy and for grant of
certificate for recovery of possession.
(3) The rent tribunal shall grant permission immediately and issue certificate for recovery
of possession of such premises executable on expiry of the period mentioned in the
certificate. However, such permission shall not be granted for more than three times for
the same premises:
Provided that the certificate for recovery of possession issued in this section shall
lapse if petition for execution thereof has not been filed before the Tribunal within six
months from the date such certificate becomes executable.
9. Eviction of tenants .-Notwithstanding anything cont ained in any other law or contract but
subject to other provisions of this Act, Rent Tribunal shall not order eviction of tenant unless
it is satisfied that,-
(a) the tenant has neither paid nor tendered the amount of rent due from him for four
months:
Provided that the ground under this clause shall not be available to the landlord if he has not
disclosed to the tenant his hank account number and name of the bank in the same
Municipal area, in the rent agreement or by a notice sent to him by registered post,
acknowledgment due :
Provided further that no petition on the ground under [his clause shall he filed unless the
landlord has given it notice to the tenant by registered post, acknowledgment due,
demanding arrears of rent and the tenant has not made payment of arrears of rent
within a period of thirty days from the (late of service of notice.
Explanation. - For the purposes of this clause, the rent shall be deemed to have been
tendered when the sane is remitted through money order to the landlord by properly
addressing the same; 11[or having been deposited with the Rent Authority;] ; or
(b) the tenant has wilfully caused or permitted to be caused substantial damage to the
premises; or
(c) the tenant has without written permission of the l andlord made or permitted to be made
any construction which has materially altered the premises or is likely to diminish the
value thereof; or
11 Inserted By THE RAJASTHAN RENT CONTROL (AMENDMENT)ACT, 2017(Act 33 Of 2017) dated 27.09.2017
(d) the tenant has created a nuisance or has done any act which is inconsistent with the
purpose for which he was ad mitted to the tenancy of the premises or which is likely to
affect adversely and substantially the landlord's interest therein; or
(e) the tenant has assigned, sub -let or otherwise parted with the possession of the whole or
part of the premises without the written permission of the landlord;
Explanation:-If it is established that some person other than the tenant is in the exclusive
possession of the whole or part of the premises, it shall be presumed that the tenant has
either sub-let or parted with the poss ession of the whole or part of the premises, as the case
may be; or
(f) the tenant has renounced his character as such or denied the title of the landlord and the
latter has not waived his right or condoned the conduct of the tenant; or
(g) the premises were let out for residential purposes but have been put to commercial use
wholly or partially; or
(h) the premises were let out to the tenant for residential purposes by reason of his being in
the service or employment of the landlord and the tenant has ceased to b e in such
service or employment; or
(i) the premises are required reasonably and bonafide by the landlord for the use or
occupation of himself or his family or for the use or occupation, of any person for
whose benefit the premises are held :
Provided that where decree of eviction from any premises is sought by the landlord
under clause (i), he shall be prohibited from letting out the same to any other person
within a period of three years and in case the premises are let -out, the tenant shall be entitled
for restoration of possession on a petition moved by him before the Rent Tribunal and the
Rent Tribunal shall dispose of such petition expeditiously and the procedure as laid down in
section 16 shall mutatis mutandis apply; or
(j) the tenant has built or acquire d vacant possession of or has been allotted suitable
premises adequate for his requirement; or
(k) the premises have not been used without reasonable cause for the purpose for which
they were let for a continuous period of six months immediately preceding the date of
the petition; or
(l) the landlord has been required by any authority under any law to abate the overcrowding
of the premises; or
(m) the landlord requires the premises in order to carry out any building work,-
(i) at the instance of the State Government or a local authority in pursuance of an
improvement scheme or development scheme; or
(ii) Because the premises have become unsafe or unfit for human habitation.
10. Right of landlord to recover immediate possession in certain cases.-(l)
Notwithstanding anything to the contrary contained in this Act or any other law for the time
being in force or in any contract or usage,-
(i) A landlord shall, on a petition being filed in this behalf in the Rent Tribunal, be entitled
to recover immediate possession of a residential premise, if he,-
(a) is or was a member of any armed forces or paramilitary forces of the Union and
aforesaid petition is filed within one year, prior to or subsequent to the date of
retirement, release or discharge, as the case may be, or within a period of one year from
the date of commencement of this Act, whichever is later;
(b) is or was an employee of the Central Government or the State Government or local
bodies or State owned corporations and files the aforesaid petition within a period prior
to or subsequent to the date of his retirement or within a period of one year from the date
of the commencement of this Act, whichever is later;
(c) has become a senior citizen and files the aforesaid petition after the expiry of three years
from the date of letting out of premises;
(ii) a dependent legal representative of a landlord, who was a member of any armed forces
or paramilitary forces of the Union and has died during the course of his employment,
shall, on a petition being filed in this behalf in the Rent Tribunal, be entitled to recover
immediate possession of the residential premises, if the petition is filed by him within a
period of one year after the death of such member or within a period of one year from
the date of commencement of this Act, whichever is later;
(iii) after the death of a landlord, his widow shall, on a petition being filed in this behalf - in
the Rent Tribunal, be entitled to recover immediate possession of the residential premises, if
the petition is filed by her within a period of one year from th e date of death of her husband.
(2) Where the landlord has let out more than one premises, the petition under sub -
section (1) shall be maintainable in respect of one rented premises only to be chosen by the
landlord and petition under sub-section (1) shall be maintainable only If the petitioner is not
residing in his own premises in the same municipal area.
(3) Where a landlord, after letting out his premises on the ground floor, has incurred
such permanent disability due to which he is unable to use staircase and requires the ground
floor premises for his own residence, he shall, on a petition being filed in this behalf in the
Rent Tribunal, be entitled to recover immediate possession of such ground floor premises on
his furnishing a certificate from duly const ituted Medical Board of a Government Hospital
about such a permanent disability and on satisfying the rent Tribunal that he has no suitable
residential premises of his own on ground floor in his possession in the same municipal area:
Provided that if tena nt is prepared to vacate ground floor premises in exchange of
premises in occupation of landlord on the upper floor, the Rent Tribunal shall pass order of
immediate possession in favour of landlord only on the condition that the landlord shall
make availab le proportionately equal portion of the premises in his occupation on the upper
floor to the tenant on such terms and conditions as may be fixed by the Rent Tribunal.
(4) Where the landlord has recovered possession of the premises under this section, he
shall be prohibited from letting out the same to any other person within a period of three
years and in case the premises are let out, the tenant shall be entitled for restoration of
possession on an application moved by him before the Rent Tribunal and the Ren t Tribunal
shall dispose of such application expeditiously and the procedure as laid down in
section shall -mutatis mutandis apply.
Explanation.-For the purpose of this section –the expression "landlord" shall mean the
owner of the residential premises.
CHAPTER-IV
RESTORATION OF POSSESSION OF ILLEGALLY
EVICTED TENANT AND PROCEDURE THEREOF
11. Restoration of possession of illegally dispossessed tenant.- If any tenant is
dispossessed by landlord from the rented premises without his consent otherwise
than by due process of law, he may within thirty days from the date of knowledge of
such dispossession, file a petition before the Rent Tribunal for restoration of possession
thereof.
12. Procedure for recovery of possession.-(l) The tenant or any person claiming recovery
of possession under section ll of this Act shall file a petition before the Rent Tribunal and
such petition shall be accompanied by affidavits and documents if any, upon which,
tenant or person entitled to recover possession wants to rely.
(2).The Rent Tribunal upon filing of petition under subsection (1) shall issue notice
accompanied by copies of petition affidavits and documents fixing a date not later than
twenty one days from the date of service of notice requiring the landlord to submit reply
accompanied by affidavits and documents on which the landlord relies. The service of
notice shall be effected through process server of the Tribunal or the Civil Court as well
as by registered post, acknowledgement due. Notice duly served by any of these modes
shall be treated as sufficient service.
(3) The landlord may submit his reply, affidavits and documents after serving copies of the
same on the petitioner within a period not exceeding ten days from the date of service of
notice. The petitioner may file rejoinder, if any, after serving copy of the same on the
landlord within a period of seven days from the date of service of reply. The Rent
Tribunal shall thereafter fix a date of hearing, which shall not be later than fifteen days
from the date fixed for filing of rejoinder. The petition shall be disposed of within a
period of ninety days from the date of service of notice on the landlord.
(4) The Rent Tribunal after holding such summary enquiry as it deems necessary to
determine whether petitioner has been illegally dispossessed from the rented premises
without his consent otherwise than by due process of law, shall dispose of the petition
by ordering immediate restoration of possession of such premises to the tenant. The
Tribunal may also award adequate comp ensation to the tenant for the hardship and
inconvenience caused to him looking to the facts and circumstances of the case which
shall be payable by landlord and the Tribunal shall issue a certificate for recovery of
immediate possession.
CHAPTER- V
CONSTITUTION OF TRIBUNALS, PROCEDURE FOR REVISION
OF RENT AND EVICTION, APPEAL AND EXECUTION
13. Constitution of Rent Tribunal.-(l) The State Government shall constitute such number
of Rent Tribunals and at such places as may be deemed necessary by it, by notification
in the Official Gazette.
(2) Where two or more Rent Tribunals are constituted for any area, the State Government
may, by general or special order, regulate the distribution of business among them.
(3) A Rent Tribunal shall consist of one person only (herei nafter referred to as the Presiding
Officer) to be appointed by the High Court.
(4) No person shall be eligible to be appointed as Presiding Officer of the Rent Tribunal
unless he is a member of Rajasthan judicial Service 12[Not below the rank of Civil Judge
Senior Division].
(5) Notwithstanding anything contained in sub-section (3), the High Court may authorise the
Presiding Officer of one Rent Tribunal to discharge the functions of the Presiding Officer
of another Rent Tribunal also.
14 Procedure for revision o f rent.-(l) The landlord may seek revision of rent under section
6 or section 7 by submitting a petition before the Rent Tribunal accompanied by
affidavits and documents, if any.
(2) On filing of such petition the Rent Tribunal shall issue notice accompanied by copies of
petition, affidavits and documents to the opposite party fixing a date not later than thirty
days from the date of issue of notice. The opposite party may file reply, affidavits and
documents after serving part the copies of the same on the pe titioner, within a period not
exceeding thirty days from the date of service of notice. The service of notice shall be
effected through process server of the Tribunal or Civil Court as well as by registered post,
acknowledgement due. Notice duly served by any of these methods shall be treated as
sufficient service.
(3) The petitioner may thereafter file rejoinder, if any, after serving the copy to the opposite
party, within a period not exceeding fifteen days from the date of service of the reply.
(4) Rent Tribunal shall thereafter fix a date of hearing, which shall not be later than ninety days
from the date of service of notice on the tenant.
(5) The Rent Tribunal, during the course of such hearing, may hold such summary inquiry.. as it
deems necessary and fix the rent as per formula laid down in section 6 or section 7 and issue
a recovery certificate indicating the date from which such rent shall be payable. The petition
shall be disposed of within a period of one hundred and fifty days from the date of service of
notice on the tenant.
15. Procedure for eviction of tenant. -(1) The landlord or any person claiming possession
shall file a petition before the Rent Tribunal and such petition shall be accompanied by
affidavits and documents, if any, upon which landlord or pe rson claiming possession
wants to rely.
(2) The Rent Tribunal, upon filing of petition - under sub -section (1), shall issue - notice
accompained by copies of petition, affidavits and documents, if any, fixing a date not later
than thirty days from the date of i ssue of notice requiring the tenant to submit reply
accompained by affidavits and documents, if any, on which the tenant relies. The service of
notice shall be effected through process server of the Tribunal or civil court as well as by
12 Substituted for the words "having ten years experience as such" by Act 18 of 2005 Published in the Rajasthan
Gazette Extra-Ordinary Pt 4-(A) 24.10.2005
registered post, acknowledgement due. Notice duly served by any of these methods shall
be treated as sufficient service.
(3) The tenant may submit his reply, affidavits and documents after serving the copies of the
same to the petitioner, within a period not exceeding forty fiv e days from the date of service
of notice.
(4) The petitioner may thereafter file rejoinder if any, after serving copy to the opposite party,
within a period of thirty days from the date of service of reply.
(5) The Rent Tribunal shall thereafter fix a date of h earing which shall not be later than one
hundred and eighty days from the date of service of notice on the tenant.The petition shall be
disposed of within a period of two hundred and forty days from the date of service of notice
on the tenant.
(6) The Rent Tribunal during the course of such hearing may hold such summary inquiry as it
deems necessary and decide the petition. The Rent Tribunal may also make efforts for
conciliation or settlement of dispute between the parties.
(7) Where the Rent Tribunal decides the petition in favour of the landlord, it shall issue a
certificate for recovery of possession from the tenant.
(8) The certificate issued under sub -section (7) shall not be executable for a period of three
months from the date of decision.
13[Provided that in case of premises let out for commercial use such certi ficate shall not
be executable for a period of six months from the date of the decision ]
16. Procedure for recovery of immediate possession. - (1) The landlord or any person
claiming immediate possession shall file petition before the Rent Tribunal and such
petition shall be accompained -by affidavits and documents upon which landlord or
person entitled to seek immediate possession wants to rely.
(2) The Rent Tribunal, upon filing of petition under sub -section (1), shall issue notice
accompained by copies of petition, affidavits and documents, fixing a date not later than
thirty days - from the date of s ervice of notice requiring the tenant to submit reply
accompained by affidavits and documents, if any, on which the tenant relies. The service of
notice shall be effected through process server of the Tribunal or civil court as well as by
registered post, acknowledgement due. Notice duly served by any of these methods shall be
treated as sufficient service.
(3) The. tenant may submit his reply, affidavits and documents after serving the copies of the
same on the petitioner within a period not exceeding thirty days from the date of service of
notice. The petitioner may file rejoinder, if any, after serving copy of the same on the tenant
within a period of fifteen days from the date of service of reply.
(4) The Rent Tribunal shall thereafter fix a date of hearing wh ich shall not be later than ninety
days from the date of service of notice on the tenant. The petition shall be disposed
of within a period of one hundred and fifty days from the date of service of notice on the
tenant.
13 Substituted and proviso added by section 4 of Act No. 1 of 2006 date 19.01.2006 w.e.f. 22.02.2006 Published in
the Rajasthan Gazette Extra-Ordinary Pt 4-(A) 21.01.2006
(5) The Rent Tribunal, during the course of such hearing, may hold such summary enquiry as it
deems necessary to determine whether the petitioner is a landlord as categorized under sub-
section (1) or sub -section (3) of section 10 and on being satisfied that the petitioner belongs
to any of the categories of the landlord specified under sub -section (1) or sub - section (3) of
section 10, shall dispose of the petition within a period of one hundred and twenty days from
the date of service of the notice on the tenant and shall issue a certificate for recovery of
immediate possession from the tenant.
(6) The certificate issued under sub -section (5) shall not be executable for a period of three
months from the date of decision.
17. Fixing of date for appearance of parties before Appellate Rent Tribunal and
supply of copies of final order .- The Rent Tribunal while finally deciding a petition in
which it is not proceeding ex -parte against any party shall fix a date, beyond 14[two
months but not beyond six months] of its decision, for the appearance of the parties to the
petition before the Appellate Rent Tribunal to which appeal against its final order lies
and the parties to the petition shall appear before such Appellate Rent Tribunal on such
date to receive the notices of the appeal, if any, filed against the fin al order of the Rent
Tribunal. The date so fixed shall be mentioned in the final order passed by the Rent
Tribunal and copy of the final order shall, immediately after the pronouncement of the
order, be delivered to the party against whom the same is made and if the final order is
partly against one party and partly against other party and both the parties may prefer
appeal against the final order, the copy of the final order shall be delivered to both the
parties. The copy of the final order shall bear the endorsement under the seal of the
Presiding Officer that the same is being supplied under this provision and party
preferring an appeal may file such a copy alongwith his appeal.
18. Jurisdiction of Rent Tribunal. -(l) Notwithstanding anything contained in an y other
law for the time being in force, in the areas to which this Act extends, only the Rent
Tribunal and no civil court shall have jurisdiction to hear and decide the petitions
relating to disputes between landlord and tenant and matters connected there with and
ancillary thereto, filed under the provisions of this Act:
Provided that Rent Tribunal shall, in deciding such petitions to which provisions
contained in Chapter II and III of this Act do not apply, have due regard to the provisions of
Transfer o f Properties Act, 1882 ( Act No. 4 of 1882) the Indian Contract Act, 1872 (Act
No. 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:
Provided further that nothing contained in this Act shall be deemed to empower the Rent
Tribunal to entertain a petition involving such dispute between landlord and tenant to which
provisions of the Rajasthan Public Premises ( Eviction of Unauthorized Occupants) Act,
1964 ( Act No. 2 of 1965) and the Rajasthan Premises (Requistion and Eviction) Ordinance,
1949 apply.
(2) Where the petition only for recovery of unpaid rent or arrears of rent is filed, the time
schedule and procedure enumer ated in section 14 shall mutatis mutandis apply to such
petition.
(3) Where the petition for recovery of possession is filed in respect of the premises or tenancies
to which the provisions of Chapter II and III of this Act do not apply, the time schedule and
14 Substituted by Section 5 of Act No.1 of 2006 w.e.f 22.02.2006
procedure enumerated in section 15 shall mutatis mutandis apply to such petition.
(4) A petition shall be instituted before the Rent Tribunal, within the local limits of whose
jurisdiction -the premises is situated.
19. Appellate Rent Tribunal, Appeals and limit ation thereof. - (1) The State Government
shall constitute such number of Appellate Rent Tribunals and at such places as may be
deemed necessary by it, by notification in the Official Gazette.
(2) Where two or more Appellate Rent Tribunals are constituted for any area, the State
Government may, by general or special order, regulate the distribution of business among
them.
(3) An Appellate Rent Tribunal shall consist of one person only (hereinafter referred to as the
Presiding Officer of the Appellate Rent Tribunal) to be appointed by the High Court.
(4) No person shall be eligible to be appointed as Presiding Officer of the Appellate Rent
Tribunal unless he is a member of the 15[District judge cadre Service having not less than
16[three years] experience as such.
(5) Notwithstanding anything contained in sub -section (3), the High Court may authorise the
Presiding Officer of one Appellate Rent Tribunal to discharge the functions of the Presiding
Officer of the another Appellate Rent Tribunal also.
(6) From every final order pas sed by the Rent Tribunal, an appeal shall lie to the Appellate Rent
Tribunal, within the local limits of whose jurisdiction the premises is situated and such an
appeal shall be filed within a period of 17[sixty days] from the date of final order alongwith
copy of such final order.
(7) The Appellate Rent Tribunal, upon filing an appeal under sub -section (6), shall serve notice,
accompanied by copy of appeal, on the respondent on the date fixed by the Rent Tribunal
under section 17 for the appearance of the parties before it. If the respondent fails to appear
on the date so fixed before the Appellate Rent Tribunal, he may be proceeded against ex-
parte . in case the final order under section 17 was passed in ex - parte proceedings against
any party, the Appellate rent Tribunal shall issue notice, accompanied by copy of appeal,
fixing a date not later than thirty days, requiring the respondent to appear before it on the
date so fixed and service of such a notice shall be effected through process server of the
Tribunal o r civil court as well as by the registered post, acknowledgement due and notice
duly served by any of these methods shall be treated as sufficient service. Where however,
the Appellate Rent Tribunal otherwise consider it necessary so to do in the interest of justice
in the facts of the case, it may issue notice of appeal to the respondent in the manner
indicated above.
(8) The Appellate Rent Tribunal shall, thereafter, fix a date of hearing which shall not be
later than forty five 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 eighty days from
the date of service of notice of appeal on the respondent.
15 Substituted by Rajasthan Rent Control(Amendment) Act.2011 Published in the Rajasthan Gazette Extra-Ordinary
Pt 4-(A) 22.09.2011
16 Substituted by Act No. 18 of 2005 dated 20.10.2005
17 Substituted by Act No. 1 of 2006 dated 22.02.2006
(9) 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 affidavit or documents at any
stage of the proceedings in appeal.
(10) The Appellate Rent Tribunal may in its discretion pass such interlocutory order, during
the pendency of the appeal, as it may deem fit.
(11) (a) While deciding the appeal, the Appellate Rent Tribunal may after recording reasons
therefore,-
(i) confirm, vary, set aside, reverse or modify the order passed, by a Rent Tribunal; or
(ii) if necessary in the interest of justice , remand the case to the Rent Tribunal along with
such direction as it may deem fit.
(b) The Appellate Rent Tribunal shall issue appropriate recovery certificate according to the
decision rendered by it.
(c) The decision of the Appellate Rent Tribunal shall be f inal and no further appeal or
revision shall lie against its order.
(12) On the 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 Tribunal to
any other Rent Tribunal for disposal.
(13) Where any case has been transferred under sub - section (12), the Rent Tribunal which
has thereafter to try or dispose of such case may, subj ect to any special direction in the
order of transfer, proceed from the stage at which it was transferred.
Explanation.-The expression "final order" referred to in sub -section (6) shall mean an order
by which any proceeding pending before the Rent Tribunal is finally disposed of.
18[19-A. Power of Tribunal to order payment of rent and arrears thereof during pendency
of petition or appeal.--
On application of the landlord, the Tribunal shall, after hearing the parties to the petition or
appeal, as the case may be, order that the tenant shall pay to the landlord all dues on
account of rent forthwith and shall continue to pay the rent during the pendency of the
petition or appeal, as the case may be, as and when it becomes due.]
20. Execution of the ord ers.-(l) The Rent Tribunal shall, on application of any party,
execute in the manner prescribed, a final order or any other order passed under this Act
by adopting any one or more of the following modes, namely:-
(a)attachment and sale of the movable or i mmovable property of the opposite party;
(b)arrest and detention of the opposite party;
18 Inserted By THE RAJASTHAN RENT CONTROL (AMENDMENT)ACT, 2017(Act 33 Of 2017) dated 27.09.2017
(c) 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;
(d) attachment of salary and allowa nce of a Government servant or employee of any
nationalized bank, local authority, corporation, Government company;
(e) appointing any advocate as Commissioner on such remuneration as may be fixed or
deputing any officer of the Tribunal or local administration or local body for execution
of the order.
(f) delivery of possession of the applicant.
(2) The Tribunal may, in order to execute the final order or any other order passed under this
Act require the help from the local administration or local body or the police.
(3) If the tenant does not vacate the premises within three months of the date of issue of
certificate for recovery of the possession, he shall be liable, from the date of issue of
certificate, for recovery of possession to pay mesne profits at the rate of 2 times the rent
in case of premises let out for residential purposes, at the rate of 3 times the rent, in case
of premises let out for commercial purposes and at the rate of 3 times the rent in case
certificate for recovery of immediate possession has been issued under section 16.
(4) The Rent Tribunal shall conduct the execution proceedings, in relation to a final order or
any other order passed under this Act in summary manner and dispose of the application
for execution made under this section within forty five days from the date of service of
notice on opposite party.
Explanation :- Filing of an appeal or other proceeding against the order of issue of
certificate for recovery of possession or immediate possession will not save the tenant from
his liabilit y to pay mesne profits, at the rates specified under sub -section (3), unless
specifically ordered otherwise by the Appellate Rent Tribunal or the Court before which
such an order is under challenge and if the order of issue of recovery certificate is final ly
maintained, the tenant shall be liable to pay mesne profits at the rates specified under sub-
section (3) from the date on which the recovery certificate was initially issued.
21. Procedure and powers of the Rent Tribunal and the Appellate Rent Tribunal. -
(l) In every case before the Rent Tribunal and the Appellate Rent Tribunal the
evidence of a witness shall be given by affidavit. However, the Rent Tribunal or 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.
(2) The documents filed before the Rent Tribunal by the petitioner shall be distinctly
marked by him as Ex -1, Ex -2 and so on in the red ink and the documents filed by the
respondent shall be similarly distinctly marked by him as Ex -A 1, Ex -A 2 and so on in red
ink and in the affidavits the documents shall be referred by these exhibit marks an d
signatures or other parts of the documents referred to in the affidavits shall be distinctly
marked by the party filing the document as A to B or C to D and so on in red ink.
(3) The Rent Tribunal and the Appellate Rent Tribunal shall not be bound by the procedure
laid down by the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908), but shall be
guided by the principal of natural justice and subject to other provisions of this Act or the
Rules made thereunder and shall have powers to regulate their own procedure, and for the
purpose of discharging their --functions under this Act they shall have, the same powers as
are vested in a civExcerpt shown. Open the full act in Lexace.