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 comprising 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.
(1Deleted by Section 2 of Act 1 of 2006 Published in the Rajasthan Gazette Extra-Ordinary Pt 4-(A) 11.03.2003)
2.Definitions
In this Act, unless subject or context otherwise requires,-
(a) "amenities" includes supply of water and electricity, passages, staircase, natural light, lavatories, lifts, 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 as 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)];
(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 belet 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 any, 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;
In absence of a contract to the contrary, the top of the roof shall not formpart 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 of 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 thisAct; 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 maybe.
(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")
(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.-
[(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 let 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 ofthe 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 Sector Undertakings or any Corporation established by or under any Central or State Act, or multinational companies, and 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 Undertaking) 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 country 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.Deleted By Section 3 of Section 3 of THE RAJASTHAN RENT CONTROL (AMENDMENT)ACT, 2017(Act 33 Of 2017) dated 27.09.2017 )
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 rent agreement or by a notice sent to him by registered post, acknowledgement due.