LexThe Uttarakhand Tenancy Act, 2021
Uttarakhand · state statute
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THE UTTARAKHAND TENANCY ACT, 2021
Clauses
CHAPTER – I
Preliminary
1 Short title, Extent and Commencement
2 Definitions
3 Act not to apply to certain premises
CHAPTER II
Tenancy
4 Tenancy agreement
5 Period of tenancy
6 Rights and obligations of successor in case of death
7 Restriction on subletting
CHAPTER – III
Rent
8 Rent payable
9 Revision of rent
10 Rent Authority to determine the revised rent in case of dispute
11 Security deposit
CHAPTER IV
Rights and obligations of landlord and tenant
12 Original tenancy agr eement to be retained by landlord and
tenant
13 Rent and other charges payable and receipt for payment
thereof
14 Deposit of rent with Rent Authority
15 Repair and maintenance of property
16 Tenant to look after premises
17 Entry into premises.
18 Information as to property manager
19 Duties of property manager and consequences of violation
20 Withholding essential supply or service
CHAPTER V
Eviction and recovery of possession of premises by the
landlord
21 Eviction and recovery of possession of premises by landlord
22 Eviction and recovery of possession of premises in case of
death of landlord
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23 Enhancement of rent in case of refusal by tenant to vacate
24 Refund of advance rent by landlord
25 Payment of rent during eviction proceedings
26 Permission to build additional structures
27 Special provision regarding vacant land
28 Vacant possession to landlord
29 Provisions regarding notice of giving up possession by tenant
CHAPTER VI
Rent Authorities, their powers and appeals
30 Rent Authority
31 Power and procedure of Rent Authority
32 Appeals
CHAPTER VII
Rent courts and rent tribunals
33 Rent court
34 Rent Tribunal
35 Procedure to be followed in Rent Court and Rent Tribunal
36 Power of Rent Court and Rent Tribunal
37 Appeal to Rent Tribunal
38 Execution of order
CHAPTER VIII
Miscellaneous
39 Officers and other employees of Rent Authority, Rent Court
and Rent Tribunal
40 Jurisdiction of civil courts barred in certain matters.
41 Court fees
42 Members, etc., to be public servants
43 Protection of action taken in good faith
44 Power to make rules.
45 Laying of rules
46 Power to remove difficulties
47 Repeal and savings.
First Schedule
Second Schedule
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UTTRAKHAND TENANCY ACT, 2021
ACT NO. 02 of 2022
An
Act
to establish Rent Authority to regulate renting of premises and to protect the
interests of landlords and tenants and to provide speedy adjudic ation
mechanism for resolution of disputes and matters connected therewith or
incidental thereto.
BE it enacted by the Uttarakhand State Legislative Assembly in the
Seventy- Second Year of the Republic of India as follows:––
CHAPTER I
PRELIMINARY
Short title, extent and
commencement 1. (1) This Act may be called the Uttarakhand Tenancy Act, 2021.
(2) It extends to the whole of the Uttarakhand.
(3) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint and different dates may be
appointed for different provision of this Act.
Definitions. 2. In this Act, unless the context otherwise requires,––
(a) “landlord”, whether called landowner or lessor or by any other name,
means a person who receives or is entitled to receive, the rent of any premises,
on his own account, if the premises were let to a tenant, and shall include ––
(i) his successor-in-interest; and
(ii) a trustee or guardian or receiver receiving rent for any premises or is
entitled to so receive, on account of or on behalf of or for the benefit of,
any other person such as minor or person of unsound mind who cannot
enter into a contract;
(b) “local authority” means a Village Panchayat or Panchayat Samiti or Zila
Parishad or a Municipal Corporation or a Municipal Council or a Nagar
Panchayat or a Planning or Development Authority, by whatever name called,
or the Cantonment Board, or as the case may be, a civil area committee
appointed under section 47 of the Cantonment Act, 2006 (41of 2006) or such
other body entitled to function as a local authority in any city or town,
constituted under any law for the time being in force;
(c) “notification” means a notification published in the Official Gazette of the
State an d the expression “notify” with its grammatical variations and
cognate
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expressions shall be construed accordingly;
(d) “premises” means any building or part of a building which is, or is in-
tended to be, let on rent for the purpose of residencial or commercial use ex-
cept for hotel, lodging house, dharamshala, inn and for industrial use but in-
cludes–
(i) garden, garage or closed parking area, vacant land, grounds and out-
houses, if any, appertaining to such building or part of the building; and
(ii) any fitting to such building or part of the building for the more bene-
ficial enjoyment thereof;
(e) “prescribed” means prescribed by rules made by the Uttarakhand State
Government under this Act;
(f) “property manager” means a person or any legal entity including rental
agent who is authorized by the landlord to manage the premises and who
represents the landlord in his dealings with the tenant;
(g) “rental agent” means any person, who negotiates or acts on behalf of
landlord or tenant or both in a transaction of renting of a ny premises and re-
ceives remuneration or fees or any other charges for his services whether as
a commission or otherwise and includes a person who introduces, through
any medium, prospective landlord and tenant to each other for negotiation
for renting of premises and includes property dealers, brokers or middl e-
men, by whatever name called;
(h) “Rent Authority” means an officer appointed under section 30;
(i) “Rent Court” means a Rent Court constituted under section 33;
(j) “Rent payable” in relation to any premises means the rent as specified in
section 8;
(k) “Rent Tribunal” means a Rent Tribunal constituted under section 34;
(l) “Schedule” means a schedule annexed to this Act;
(m) “State” means the State of Uttarakhand
(n) “State Government” means the Government of State of Uttarakhand
(o) “Sub-tenant” means a person to whom the tenant sublets whole or part
of the premises held by him or transfers or assigns his rights accrued under
the tenancy agreement or any part thereof upon entering into a supplemen-
tary agreement to the existing tenancy agreement;
(p) “Tenant”, whether called lessee or by any other name, means a person
by whom or on whose account or on behalf of whom, the rent of any prem-
ises is payable to the landlord under a tenancy agreement and includes any
person occupying the premises as a sub-tenant and also, any person continu-
ing in possession after the termination of his tenancy whether before or after
the commencement of this Act; but shall not include any person against
whom any order or decree for eviction has been made.
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Act not to
apply to
certain
premises
3. (1) Nothing in this Act shall apply to any––
(a) premises owned or promoted by the Central Government or State Gov-
ernment or local authority or a Government undertaking or enterprise or a
statutory body or Cantonment Board;
(b) premises owned by a company, University or organization given on rent
to its employees as part of service contract;
(c) premises owned by religious or charitable institutions as may be speci-
fied, by notification by the State Government;
(d) premises owned by auqaf registered under the Waqf Act, 1995 (43 of
1995) or by any trust registered under the public trust law of the State for the
time being in force;
(e) other building or category of buildings specifically exempted in public
interest by notification by the State Government.
(2) Notwithstanding anything contained in sub -section (1), if the owner and
tenant of the premises referred to in clause (a) to clause (e) of the said sub-
section agrees that the tenancy agreement entered into between such landlord
and tenant be regulated under the provisions of this Act, such landlord may
inform the Rent Authority of the agreement to do so at the time of
information of the tenancy agreement under section 4.
.
Tenancy
agreement
CHAPTER II
TENANCY
4. (1) Notwithstanding anything contained in this Act or any other law for
the time being in force, no person shall, after the commencement of this Act,
let or take on rent any premises except by an agreement in writing, which
shall be informed to the Rent Authority by the landlord and tenant jointly, in
the form specified in the First Schedule within a period of two months from
the date of tenancy agreement.
(2) Where the landlord and the tenant fail to jointly inform the execution of
the tenancy agreement r eferred to in sub -section (1), the landlord and tenant
shall separately inform the execution of tenancy agreement to the Rent Au-
thority within a period of one month from the date of expiry of the period
specified in sub-section (1).
(3) The Rent Authority shal l, within three months from the date of its ap-
pointment, put in place a digital platform in the local vernacular language or
the language of the State/Union territory for enabling submissions of docu-
ment in such form and manner as may be prescribed.
(4) The Rent Authority shall, after receiving information about the execu-
tion of tenancy agreement along with the documents specified in the First
Schedule,––
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Period of
tenancy.
Rights
and
obligatio
ns of successor in case of death
(a) provide a unique identification number to the parties; and
(b) upload details of the tenancy agreement o n its website in local ver-
nacular language or the language of the State/Union territory,
within seven working days from the date of receipt of such information, in
such manner along with such documents as it may deem fit.
(5) The terms of authorisation of the property manager, if any, by the land-
lord to deal with the tenant shall be such as agreed to by the landlord and
tenant in that behalf in the tenancy agreement.
(6) The information provided under sub-section (1) and sub-section
(2) shall be conclusive proof of the facts relating to tenancy and matters
connected therewith, and in the absence of any statement of information, the
landlord and the tenant shall not be entitled to any relief under the
provisions of this Act.
5. (1) Every tenancy entered into after the commencement of this Act shall
be valid for a period as agreed upon between the landlord and the tenant and
as specified in the tenancy agreement.
(2) The tenant may request the landlord for renewal or extension of the ten-
ancy, within the period agreed to in the tenancy agreement, and if agreeable
to the landlord, may enter into a new tenancy agreement with the landlord on
mutually agreed terms and conditions.
(3) Where a tenancy for a fixed term ends and has not been renewed or the
tenant fails to vacate the premises at the end of such tenancy, then such ten-
ant shall be liable to pay an enhanced rent to the landlord as provided in sec-
tion 23.
Provided that notwithstanding anything contained in this section, if the term
of tenancy expires at a time when the loc ality where the premises let out on
rent is situated is affected by any disastrous event of force majeure, then,
subject to requisition by the tenant, the landlord shall allow the tenant to
continue in possession of the said premises till a period of one m onth from
the date of cessation of such disastrous event on the same terms and
conditions of the tenancy agreement already entered into.
Explanation.–– For the purposes of this section, “force majeure” means a
situation of war, flood, drought, fire, cyclo ne, earthquake or any other
calamity caused by nature affecting the habitation of the tenant in the
premises let out on rent.
6. The terms of agreement executed between landlord and tenant, shall be
binding upon their successors in the event of the death of the landlord or
tenant, as the case may be, and in such case, the
successors of the deceased landlord or tenant shall have the same
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rights and obligations as agreed to in the tenancy agreement for the
remaining period of such tenancy.
7. (1) After the commencement of this Act, no tenant shall, except by en-
tering into a supplementary agreement to the existing tenancy agreement,
(a) sub-let whole or part of the premises held by him as a tenant;
(b) transfer or assign his rights in the tenancy agreement or any part
thereof.
(2) Where the premises is sub -let upon entering into a supplementary
agreement to the existing tenancy agreement a s referred to in sub - section
(1), the landlord and tenant shall jointly inform the Rent Authority about the
sub-tenancy within a period of two months from the date of execution of
such agreement in the Form specified in the First Schedule.
CHAPTER III
RENT
8. The rent payable in respect of a premises shall be the rent agreed to be-
tween the landlord and the tenant in accordance with the terms of the ten-
ancy agreement.
9. (1) The revision of rent between the landlord and the tenant shall be in
accordance with the terms of the tenancy agreement.
(2) Where, after the commencement of tenancy, the landlord has entered
into an agreement in writing with the tenant prior to the commencement of
the work and has incurred expenditure for carrying out improvement,
addition or structural alteration in the premises occupied by the tenant,
which does not include repairs necessary to be carried out under section 15,
the landlord may increase the rent of the premises by an amount as agreed
to between the landlord and the tenant, and such increase in rent shall
become effective from one month after the completion of such work.
10. In case of any dispute between landlord and tenant regarding revision
of rent, the Rent Authority may, on an application made by the landlord or
tenant, determine the revised rent and other charges payable by the tenant
and also fix the date from which such revised rent becomes payable.
11. (1) The security deposit to be paid by the tenant in advance shall
be such as may be agreed upon between the landlord and the tenant in the
tenancy agreement, which shall ––
Rent payable.
Revision of rent.
Rent Authority to
determine the
revised rent in
case of dispute.
Security deposit.
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(a) not exceed two months rent, in case of residential premises; and
(b) not exceed six months rent, in case of non-residential premises.
(2) The security deposit shall be refunded to the tenant on the date of
taking over vacant possession of the premises from the tenant, after
making due deduction of any liability of the tenant.
CHAPTER IV
RIGHTS AND OBLIGATIONS OF LANDLORD AND TENANT
12. The tenancy agreement shall be signed in duplicate by both the land-
lord and tenant, and one each of such original signed tenancy agreement
shall be retained by the landlord and tenant.
13. (1) Every tenant shall pay rent and other charges payable within such
period as agreed to in the tenancy agreement.
(2) Every landlord or his property manager shall, on receipt of pay-
ment towards rent and other charges payable within the stipulated
period as in the tenancy agreement from the tenant, provide forthwith
against acknowledgement, a duly signed receipt for the amount re-
ceived by him:
Provided that where the payment of rent or other charges is
made by the tenant to the landlord throug h the electronic mode, the
bank acknowledgment thereof shall be conclusive proof of such
payment.
14. (1) Where the landlord refuses to accept any rent and other charges
payable or refuses to give a receipt, the rent and other charges shall be
paid to the lan dlord by postal money order or any other method, in such
manner as may be prescribed, consecutively for two months, and if the
landlord refuses to accept the rent and other charges within such period,
then the tenant may deposit the same with the Rent Authority in such
manner as may be prescribed.
(2) Where the tenant is unable to decide to whom the rent is payable dur-
ing the period of tenancy agreement, the tenant may, in such case, deposit
the rent with the Rent Authority in such manner as may be prescribed.
(3) Where the rent is deposited under sub -section (1) or sub -section (2),
the Rent Authority shall enquire the case as to whom the rent is payable
and pass orders as may deem fit on the basis of the facts of the case.
(4) The withdrawal of rent and other charges payable, deposited
Original tenancy
agreement to be
retained by
landlord and
tenant.
Rent and other
charges payable
and receipt for
payment thereof.
Deposit of rent
with Rent
Authority.
Page 9 of 28
under sub-section (1) or sub-section (2), shall not by itself operate as
an admission against the landlord or any other claim made by the
tenant, if the landlord withdraws it to the extent of rent agreed upon
under the tenancy agreement.
15. (1) Notwithstanding any agreement in writing to the contrary, the
landlord and the tenant shall keep the premises in as good a condition as
at the commencement of the tenancy, except for normal wear and tear,
and shall respectively be responsible to repair and maintain the said prem-
ises as specified in the Second Schedule or as agreed to in the tenancy
agreement.
(2) In case of common facilities shared among the tenants or with the land-
lord, the respective responsibilities of the tenant and landlord to repair and
maintain those facilities shall be such as may be specified in the tenancy
agreement.
(3) If the tenant fails or refuses to carry out the repairs referred to in sub-
section (1) or sub -section (2), the landlord may carry out the repairs or re-
move the additional structure erected by tenant without consent of lan d-
lord and deduc t the amount incurred for such repairs or removal as the
case may be, from the security deposit and the amount so deducted shall
be paid by the tenant within a period of one month of issue of notice by
the landlord in that regard:
Provided that if the cost for such repairs exceed the security deposit,
the tenant shall be liable to pay the excess cost including the security
deposit so deducted to the landlord within a period of one month of
the issue of notice by the landlord in that regard.
(4) In case the lan dlord refuses to carry out the repairs referred to in sub-
section (1) or sub -section (2), the tenant may carry out such repairs and
deduct the expenditure incurred towards the same from the rent to be
paid for the succeeding months:
Provided that in no cas e the deduction from rent in any one
month shall exceed fifty per cent of the agreed rent for a month.
(5) Where the premises is uninhabitable without the repairs and the land-
lord refuses to carry out the required repairs, after being called upon by
the tenant in writing to do so, the tenant may abandon the premises after
giving the landlord fifteen days notice in writing.
(6) Where the premises let out on rent becomes uninhabitable for the ten-
ant due to an event of force majeure or the tenant is unable to reside due
to occurrence of such event, the landlord shall not charge rent from the
tenant until the said premises is restored by the landlord, subject to the
provisions of this section, to be inhabitable:
Provided that where the rented premises becomes uninhabita ble
as specified in sub-section (5) or this sub-section and the landlord
Repair and
maintenance
of property.
Page 10 of 28
fails to carry out the required repairs to make it inhabitable or the said
premises could not be made inhabitable, then, the security deposit and
advance rent shall be refunded by the landlord to the tenant within a period
of fifteen days of the expiry of the notice period, after making due deduction
of liability of the tenant, if any.
Explanation.–– For the purposes of this section, “force majeure”
means a situation of war, flood, drought, fire, cyclone, earthquake or any
other calamity caused by nature affecting the habitation of the tenant in the
premises let out on rent.
16. During the subsistence of tenancy, the tenant shall ––
(a) not intentionally or negligently damage the premises or permit such
damage;
(b) inform in writing the landlord of any damage;
(c) take reasonable care of the premises and its contents including fit-
ting and fixtures and keep it reasonably habitable having regard to its
condition at the commencement of tenancy and the normal incidence of
living.
Tenant to look
after premises.
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 fol-
lowing circumstances, namely:––
(a) to carry out repairs or replacement or to do or to get work done
in the premises; or
(b) to carry out an inspection of the premises for the purpose of de-
termining whether the premises are in a habitable state; or
(c) for any other reasonable cause for entry specified in the ten-
ancy agreement.
(2) The notice referred to in sub-section (1) shall specify the day, time
and reason for entry:
Provided that no person shal l enter the premises before sun rise and
after sun set.
Provided further that nothing contained in this section shall prevent
the landlord from entering into the premises let out on rent without prior
notice to the tenant in case of emergent situations lik e war, flood, fire,
cyclone, earthquake or any other natural calamity, which may affect that
premises.
Entry into
premises.
Page 11 of 28
18. In case the landlord has engaged a property manager, the landlord shall
provide the following information to the tenant, namely:––
(a) name of the property manager;
(b) proof that such property manager is authorised by the landlord;
(c) specific purposes for which the property manager has been author-
ised by the landlord and the period of such authorisation; and
(d) if the property manager is a legal entity, the name of the entity and
the person authorised in this behalf by that legal entity who may be con-
tacted in relation to the tenancy agreement.
19. (1) The duties of the property manager shall include the following,
namely:––
(a) to collect rent against receipt;
(b) to do essential repairs on behalf of the landlord;
(c) to inspect the premises from time to time;
(d) to give notices to tenant for––
(i) proper maintenance of the premises;
(ii) delay in payment of rent;
(iii) revision of rent;
(iv) vacation of premises;
(v) renewal of tenancy;
(e) help in resolution of disputes among tenants and between land-
lord and tenant;
Information as
to property
manager.
Duties of
property
manager
and
consequences of
violation of
duties.
(f) any other matters relating to tenancy to be acted upo n only on the
instructions of the landlord.
(2) Where the property manager acts, in contravention of the provisions
of sub-section (1) or against the instructions of the landlord, the Rent
Authority may, on an application made to it by the landlord or tena nt in
that behalf, remove the property manager or impose such costs on the
property manager so as to compensate any loss incurred by the landlord
or tenant due to such contravention.
20. (1) No landlord or property manager shall, either by himself or through
any other person, withhold any essential supply or service in the premises
occupied by the tenant.
(2) In case of contravention of provisions of sub-section (1) and on
application made by the tenant in this behalf, the Rent Authority after
examining the matter, may pass an interim order directing the
Withholding
essential supply or
service.
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restoration of supply of essential services immediately on service of such
order upon the landlord or property manager, as the case may be, pending
the inquiry referred to in sub-section (3).
(3) The Rent Authority shall conduct an enquiry in respect of the applica-
tion made by the tenant under sub -section (2), and complete the inquiry
within one month of filing such application.
(4) The Rent Authority may, after giving a reasonable opportunity of being
heard, award a compensation not exceeding two months rent to be paid by
the person responsible for withholding the essential supply, so as to co m-
pensate the loss incurred.
(5) The Rent Authority may levy a penalty of a sum not exceeding twice the
monthly rent to the tenant, if it finds that the application was frivolous or
vexatious.
Explanation.–– For the purposes of this section, essential services
includes supply of water, electricity, piped cooking gas supply, lights in
passages, lifts and on staircase, conservancy, parking, communication links,
sanitary services and security fixtures and features.
CHAPTER V
EVICTION AND RECOVERY OF POSSESSION OF PREMISES BY
LANDLORD
21. (1) A tenant shall not be evicted during the continuance of tenancy
agreement unless otherwise agreed to in writing by the landlord and tenant,
except 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 re-
covery of possession of the premises on one or more of the following
grounds, namely: -
(a) that the tenant does not agree to pay the rent payable under section
8;
(b) that the tenant has not paid the arrears of rent and other charges
payable in full as specified in sub-section (1) of section
13 for two consecutive months, including interest for delayed payment
as may be specified in the tenancy agreement within a period of one
month from the date of service of notice of demand for payment of such
arrears of rent and other charges payable to the landlord in the manner
provided in sub -section (4) of section 106 of the Transfer of Property
Act, 1882 (4 of 1882);
(c) that the tenant has, after the commencement of this Act, parted with
the possession of whole or any part of the premises
Eviction and
recovery of
possession of
premises by
landlord.
4 of
1882
Page 13 of 28
without obtaining the written consent of the landlord;
(d) that the ten ant has continued to misuse the premises even after
receipt of notice from the landlord to desist from such misuse.
Explanation.–– For the purposes of this clause, “misuse of
premises” means encroachment of additional space by the ten-
ant or use of premises which causes public nuisance or causes
damage to the property or is detrimental to the interest of the
landlord or for immoral or illegal purposes;
(e) where it is necessary for the landlord to carry out any repair or
construction or rebuilding or addition or alteration or demolition in
respect of the premises or any part thereof, which is not possible to
be carried out without the premises being vacated:
Provided that after such repair, construction, rebuilding,
addition or alteration, the tenant may be allow ed to reoccupy the
premises only when it has been mutually agreed to between the
landlord and the tenant and a new tenancy agreement has been
submitted with the Rent Authority:
Provided further that the tenant shall not be allowed to re-
occupy the premises––
(i) in the absence of submission of such mutual tenancy agree-
ment with the Rent Authority; and
(ii) in cases where the tenant has been evicted under the orders of
a Rent Court;
(f) that the premises or any part thereof is required by the landlord
for carrying out any repairs, construction, rebuilding, additions, altera-
tions or demolition, for change of its use as a consequence of change
of land use by the competent authority.
Explanation.–– For the purposes of this clause, the ex-
pression “competent authority” means the Municipal Corporation
or the Municipality or the Development Authority or any other au-
thority, as the case may be, which provides permission on mat-
ters relating to repair or redevelopment or demolition of building
or permission for change in land use:
(g) that the tenant has given written notice to vacate the premises
let out on rent and in consequence of that notice the landlord has con-
tracted to sell the said premises or has taken any other step, as a r e-
sult of which his interests would seriously suffer if he is not put in pos-
session of that premises;
(h) that the tenant has carried out any structural change or erected
any permanent structure in the premises let out on rent without the
written consent of the landlord.
Page 14 of 28
(3) No order for eviction of the tenant on acc ount of failure to pay the rent
specified in clause (b) of sub -section (2) shall be made, if the tenant makes
payment to the landlord or deposits with the Rent Court the arrears of rent
and other charges payable, if any, including interest within one month from
the date of service of the said demand notice upon him.
(4) Where the tenant fails to pay rent consecutively for two months subse-
quent to the grant of the relief specified in sub-section (3) in any one year,
then the tenant shall not be entitled to such relief again.
(5) In any proceedings for eviction under clause (e) of sub -section (2), the
Rent Court may allow eviction from only a part of the premises, if the land-
lord agrees for the same.
22. (1) Notwithstanding anything contained in this Act or any other law for
the time being in force, in case of death of the landlord, where there is a
bonafide requirement of the premises let out on rent by the legal heirs of the
landlord during the period of tenancy, such legal heirs may file an
application in this beha lf for eviction and recovery of possession of the said
premises before the Rent Court in such form and manner, as may be
prescribed.
(2) The Rent Court may, on an application made to it under sub - section (1),
if it is satisfied that the legal heirs of the deceased landlord are in bonafide
requirement of the premises let out on rent, pass necessary orders against the
tenant for handing over vacant possession of the said premises to the legal
heirs of the deceased landlord.
Eviction and
recovery of
possession of
premises in case of
death of landlord.
23. Where the tenant fails to vacate the premises let out on rent in
accordance with the tenancy agreement on the expiration of the period of
tenancy or termination of tenancy by an order or no tice under the provisions
of this Act, such tenant shall be liable to pay the landlord ––
(a) twice the monthly rent for the first two months; and
(b) four times the monthly rent thereafter till the tenant continues to occupy
the said premises.
Enhancement of
rent in case of
refusal by tenant to
vacate.
24. (1) Where a landlord exercises the right of recovery of possession
under sub-section (2) of section 21 or under section 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 rent and other charges due to him.
(2) If the landlord fails to make any refund, he shall be liable to pay
Refund of
advance rent by
landlord.
Page 15 of 28
simple interest to the tenant at such rate as may be prescribed from time to
time on the amount which he has omitted or failed to refund.
25. In any proceedings for recovery of possession on any ground other than
that referred to in clause (a) or clause (b) of sub-section
(2) of section 21, where the tenant contests the claim for eviction, the
landlord may at any stage of the proceedings apply to the Rent Court to
direct the tenant to pay him the rent payable, as under section 8, and the
Rent Court may order the tenant to make suc h payment and all other
charges due from the tenant along with penal charges, if any, due to
delay in payment, in accordance with the provisions of sub-section (1) of
section 14.
Payment of rent
during eviction
proceedings.
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
consent of the landlord.
(2) Where the landlord proposes to make any improvement in or construct
any additional structure on any premises which has been let out to a tenant
and the tenant refuses to allow the landlord to make such improvement or
construct such additional structure, the landlord may make an application in
this behalf to the Rent Court.
(3) On an application made by the landlord under sub -section (2), if the
Rent Court is satisfied that the landlord is ready and willing to commence
the work which is necessary, the Rent Court may permit the landlord to do
such work and may make such other order as it may deem fit:
Provided that such improveme nt or additional structure shall not
decrease or diminish or deteriorate the accommodation or housing services
in the premises which may cause undue hardship to the tenant.
Provided further that it shall be the responsibility of the tenant to remove
any such additional structure built by tenant without consent of landlord.
Permission to
build additional
structures.
27. (1) 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 municipal bye-laws for the time being in force 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 o n the basis of the tenancy agreement, the landlord
or, in case of death of the landlord, his legal heirs, may file an application in
this behalf, in such
form and manner as may be prescribed, before the Rent Court.
Special
provision
regarding vacant
land.
Page 16 of 28
(2) The Rent Court may, on receipt of the application referred to in sub-
section (1), if it is satisfied that the landlord is or, as the case may be,
his legal heirs are ready and willing to commence the work and that the sev-
erance of the vacant land from the rest of the premises shall not cause undue
hardship to the tenant,––
(a) direct such severance after such enquiry as it may deem fit;
(b) place the landlord in possession of the vacant land;
(c) determine the rent payable by the tenant in respect of the rest of the
premises; and
(d) make such other orders as it may deem fit in the circum-
stances of the case.
28. Notwithstanding anything contained in any other law for the time being
in force, where the interest, of a landlord or in case of death of the landlord,
of his l egal heirs in any premises is determined for any reason whatsoever
and any order is made by the Rent Court under this Act for the recovery of
possession of such premises, such order shall, subject to the provisions of
sub-section (3) of section 21, be binding on all occupants who may be in
occupation of the premises and vacant possession thereof shall be given by
all such occupants to the landlord or to the legal heirs of the landlord.
Vacant
possession to
landlord.
29. Notwithstanding anything contained in this Act or any other law for
the time being in force, a tenant may give up possession of the premises on
giving such written notice as is required under the tenancy agreement and in
the absence of any stipulation relating to such notice, the tenant shal l give
notice to the landlord of at least one month before giving up possession of
the premises.
Provisions
regarding notice
of giving up
possession by
tenant.
CHAPTER VI
RENT AUTHORITIES,
THEIR POWERS AND APPEALS
30. The District Collector or District Magistrate shall, with the previous
approval of the State Government/Union territory Administration, appoint an
officer, not below the rank of Deputy Collector, to be the Rent Authority
within his jurisdiction.
Rent Authority.
31. The Rent Authority shall have all the powers as are vested in a
Power and
Page 17 of 28
Rent Court under this Act in respect of any proceedings initiated under
sections 4, 9, 10, 14, 15, 19 or section 20 and the procedure as laid down
in sections 35 and 36 shall apply in such proceedings.
procedure of
Rent Authority.
Appeal
s.
Rent
Court
Rent
Tribunal
Procedure
to be
followed
in Rent
Court and
Rent
Tribunal.
32. (1) Any person aggrieved by the order of the Rent Authority may prefer
an appeal to the Rent Court having territorial jurisdiction.
(2) The appeal under sub-section (1) shall be preferred within a period of
thirty days from the date of the order of the Rent Authority.
CHAPTER VII
RENT COURTS AND RENT TRIBUNALS
33. The District Collector or District Magistrate shall, with the previous
approval of the State Government appoint Additional Collector or Addi-
tional District Magistrate or an officer of equivalent rank, to be the Rent
Court for the purposes of this Act, within his jurisdiction.
34. The State Governme nt may, in consultation with the jurisdictional
High Court, may by notification, appoint District Judge or Additional Di s-
trict Judge as Rent Tribunal in each district.
35. (1) Save as provided in this section, nothing contained in the Code of
Civil Procedure , 1908(5 0f 1908) shall apply to the Rent Courts and Rent
Tribunals, which shall be guided by the principles of natural justice and
shall have power to regulate their own procedure in the following manner,
namely:––
(a) the landlord or the tenant may file an a pplication or appeal before the
Rent Court or, as the case may be, the Rent Tribunal accompanied by affi-
davit and documents, if any;
(b) the Rent Court or, as the case may be, the Rent Tribunal shall then issue
notice to the opposite party, accompanied by copies of application or appeal,
affidavit and documents;
(c) the opposite party shall file a reply accompanied by affidavit and docu-
ments, if any, after serving a copy of the same to the applicant;
(d) the applicant may file a rejoinder, if any, after serving the cop y to the
opposite party;
Page 18 of 28
(e) the Rent Court or, as the case may be, the Rent Tribunal shall fix a date
of hearing and may hold such summary inquiry as it deems necessary.
(2) The Rent Court or, as the case may be, the Rent Tribunal shal l endeavor
to dispose the case as expeditiously as possible, not exceeding a period of
sixty days from the date of receipt of the application or appeal:
Provided that where any such application or, as the case may be, appeal
could not be disposed of within the said period of sixty days, the Rent Court
or the Rent Tribunal shall record its reasons in writing for not disposing of
the application or appeal within that period.
(3) In every application or appeal, before the Rent Court or the Rent Tribu-
nal, the evidence of a witness shall be given by affidavit:
Provided that the Rent Court or, as the case may be, the Rent Tribunal may,
where it appears to it that it is necessary in the interest of justice to call a
witness for examination or cross-examination, order a ttendance of such
witness to be present for examination or cross-examination.
(4) The provisions of the Code of Civil Procedure, 1908 (5 of 1908) regar d-
ing service of summons shall be applicable mutatis mutandis for service of
notice by the Rent Court or Rent Tribunal.
(5) Every application or appeal shall be in such form as may be prescribed.
(6) The Rent Authority or Rent Court or the Rent Tribunal as the case may
be, shall not allow more than three adjournments at the request of a party
throughout the proceedings and in case of reasonable and sufficient cause to
do so, it shall record the reasons for the same in writing and order the party
requesting adjournment to pay a reasonable cost.
(7) Every application under clauses (a), (b), (e), (f) and (g) of sub - section
(2) of section 21 or under section 22 shall be decided within ninety days
from the date of filing of such application in the Rent Court.
(8) The Rent Court shall decide every application filed under clause
(c) and (d) of sub -section (2) of section 21 within thir ty days from the date
of filing of such application.
Powers
of Rent
Court
and Rent
Tribunal.
36. (1) The Rent Court and the Rent Tribunal 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 (5of1908) for the purposes of, –
(a) summoning and enforcing the attendance of any person and exam-
ining him on oath;
(b) requiring the discovery and production of documents;
(c) issuing commissions for examination of the witnesses or
Page 19 of 28
documents;
(d) issuing commission for local investigation;
(e) receiving evidence on affidavits;
(f) dismissing an application or appeal for default or deciding it ex-
parte;
(g) setting aside any order of dismissal of any application or appeal for
default or any other order passed by it ex-parte;
(h) execution of its orders and decisions under this Act without ref-
erence to any civil court;
(i) reviewing its orders and decisions;
(j) revision of orders and decisions of Rent Authority and Rent
Court and;
(k) any other matter, which may be prescribed.
(2) Any proceedings before the Rent Court or Rent Tribunal shall be
deemed to be a judicial proceeding within the meaning of section 193 and
228, and for the purpose of section 196, of the Indian Penal
Code(45of1860) and the Rent Court and the Rent Tribunal shall be deemed
to be a civil court for the purposes of section 195 and Chapter XXVI of the
Code of Criminal Procedure, 1973 (2 of1974)
(3) For the purposes of holding any inquiry or discharging any duty under
this Act, the Rent Court may,––
(a) after giving not less than twenty -four hours notice in writing, enter
and inspect or authorise any officer, subordinate to it, to enter and i n-
spect, any premises at any time between sunrise and sunset;
(b) by written order, require any person to produce for its inspection
such books or documents relevant to the inquiry, at such time and at
such place as may be specified in the order.
(4) The Rent Court may, if it thinks fit, appoint one or more persons having
special knowledge of the matter under consideration as a n assessor or val-
ued to advise it in the proceeding before it.
(5) Any clerical or arithmetical mistake in any order passed by the Rent
Court or any other error arising out of any accidental omission may, at any
time, be corrected by the Rent Court on an appl ication received by it in this
behalf from any of the parties or otherwise.
(6) The Rent Court may exercise the powers of a Judicial Magistrate of the
first class for the recovery of the fine under the provisions of the Code of
Criminal Procedure, 1973 (2 of 1 974) and the Rent Court shall be deemed
to be a Magistrate under the said Code for the purposes of such recovery.
(7) An order made by a Rent Court or an order passed in appeal or revi-
sion, or review under this Chapter shall be executable by the
Page 20 of 28
Rent Court as a decree of a civil court and for this purpose, the Rent Court
shall have the powers of a civil court.
(8) The Rent Court may set aside any order passed ex-parte if the ag-
grieved party files an application and satisfies it that notice was not duly
served or t hat he was prevented by any sufficient cause from appearing
when the case was taken up for hearing.
(9) Save as otherwise expressly provided in this Act, every order made by
the Rent Court shall, subject to decision in appeal, bExcerpt shown. Open the full act in Lexace.