25. Inspection of premises.-
The landlord shall have a right to inspect the premises let out by him at day time after giving prior intimation of at least seven days to the tenant. However, such inspection shall not be carried out by the landlord more than once in three months.
(l) The Presiding Officers and the employees of Rent Tribunals and Appellate Rent Tribunals shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860).
(2) The Presiding Officers of Rent Tribunals and Appellate Rent Tribunals shall function under the administrative and disciplinary control of the High Court.
(3) The Presiding Officer of the Appellate Rent Tribunal shall exercise general power of superintendence and control over the Rent Tribunals under his jurisdiction including the power of appraising the work and recording the annual confidential reports of the Presiding Officers of the Rent Tribunals.
(4) The Ministerial employees of Rent Tribunals and Appellate Rent Tribunals shall be governed by the Rajasthan Subordinate Courts Ministerial Establishment Rules, 1986 and for the purpose of these rules the Appellate Rent Tribunals shall be deemed to be the Courts of District and Sessions judges and Rent Tribunals shall be deemed to be the Courts of Civil Judges (Senior Division).
(5) The Class IV employees of Rent Tribunals and Appellate Rent Tribunals shall be governed by the Rajasthan Class IV Services (Recruitment and Other Service Conditions) Rules, 1999.
(1) The presiding officer of the Rent Authority appointed under this Act shall be deemed to be public servant within the meaning of Sec. 21 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860).
(2) No suit or other legal proceeding shall lie against the Rent Authority in respect of anything which is in good faith done or intended to be done in pursuance of this Act.
(30 Inserted By THE RAJASTHAN RENT CONTROL (AMENDMENT)ACT, 2017(Act 33 Of 2017) dated 27.09.2017 )
27. Limitation.
Subject to the provision of this Act, the provisions of Limitation Act, 1963 (Central Act No. 36 of 1963) shall, as far as may be, apply to petitions, applications, appeals or other proceedings filed or proceeded with before a Rent Tribunal or an Appellate Rent Tribunal.
28. Court fees.
(l) Except as provided in sub-sections (2), (3) and (4), the Court fee payable on petitions, applications and appeals filed before the Tribunal would be the same as would be payable if suits, applications or appeals were filed for the similar relief before civil courts.
(2)On a joint petition for limited period tenancy under section 8 and on appeal against any order on such a petition ad valorem court fee under the Rajasthan Courts Fees and Suits Valuation Act, 1961 (Act No. 21 of 1961) shall be payable on the amount of rent payable for the year next before the date of presentation of the petition, irrespective of the periodfor which the limited period tenancy is sought to be entered.
(3) 31[On an application under Sec. 22-E or a petition under Sec. 23 or under Sec. 24 and on an appeal against any order on such application or petition, a fixed court fee of Rs. 100/- shall be payable
(4) On petition for revision of rent under section 6 or under section 7 and on appeal against any order onsuch a petition, a fixed court fee of Rs. 250/- shall be payable.
(31 Substituted By section 12 of THE RAJASTHAN RENT CONTROL (AMENDMENT)ACT, 2017(Act 33 Of 2017) dated 27.09.2017 for "On a petition regarding amenities under section 23 or a petition regarding repairs under section 24 and on an appeal against any order on such a petition, fixed court fee of Rs.100/- shall be payable".)
29. Act to have overriding effect.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other Law for the time being in force or in any instrument having effect by virtue of any Law other than this Act.
30. Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the State government may, by order published in the Official Gazette make such provisions, not inconsistent with the provisions of this Act, as appearto it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of the period of three years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislature while it is in session.
31. Power to make rules.-
(1) The State Government may make rules for carrying out the purposes of this Act.
(2) All rules made under this Act shall be laid, as soon as may be after they are so made, before the House of the State Legislature, while it is in session for a period of not less than fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which they are so laid or of the session immediately following, the House of the State Legislature makes any modification in any such of rules or resolves that any such rules should not be made, such rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.
32. Repeal and savings.-
(1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act.
(2) The repeal under sub-section (1) shall not affect,-
(a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed.
(3) Notwithstanding the repeal under sub-section
(a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of this Act shall be entitled to withdraw any suit or appeal or any other proceeding pending under the repealed Act with liberty to file fresh petition in respect of the subject matter of such suit or appeal or any other proceeding under and in accord ance with the provisions of this Act and for the purpose limitation such petition shall, if it is filed within a period of two hundred and seventy days from the commencement of this Act, be deemed to have been filed on the date of filing of the suit which was so withdrawn and in case of withdrawal of appeal or other proceeding, on the date on which the suit, out of which such_appeal or proceeding originated, was filed;
(b) the provision for appeal under the repealed Act shall continue in force in respect of applications, suits and proceedings disposed of thereunder;
(c) all suits and proceedings instituted under the provisions of the repealed Act shall be effective and disposed of in accordance with such repealed law;
(d) any rule or notification made or issued under the repealed Act and in force on the date of commencement of this Act shall continue to govern the pending cases.