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RAJASTHAN RENT CONTROL ACT, 2001 |
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CHAPTER-1 |
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PRELIMINARY |
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What is the short title of the Act? |
Rajasthan Rent Control Act, 2001 |
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Who is empowered to notify the extension of the Act to other municipal areas? |
State Government |
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What type of law is the Rajasthan Rent Control Act, 2001? |
Rent Regulation Law |
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The Rajasthan Rent Control Act, 2001 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 as the State Government may, by notification in the official Gazette, specify from time to time. |
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When the Rajasthan Rent Control Act, 2001 come into force? |
April 1, 2003 |
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Which provision deal with “Definitions”? |
Sec.2 |
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Which provision defines the term "amenities”? |
Sec.2(a) |
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What does the term "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 |
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Which provision deals with “Appellate Rent Tribunal”? |
Sec.2(b) |
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Which provision deal with "landlord”? |
Sec.2(c) |
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What does the term "landlord” means? |
any person who 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 |
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Which provision deal with the term "lease"? |
Sec.2(d) |
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What does the term "lease” means? |
a lease as defined under the Transfer of Property Act, 1882 |
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Which provision deal with “Municipal Area”? |
Sec.2(e) |
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What does the term " Municipal Area” means? |
The municipal area as defined under the Rajasthan municipalities Act. |
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Which provision deal with "Premises"? |
Sec.2(f) |
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What does the term "Premises" means? |
any land any building or part of a building let or intended to be let for use as a residence or for commercial use or for any other purpose, |
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What does “any building or part of a building” under premises includes? |
gardens, grounds, godowns, garages and out-houses any furniture supplied by the landlord any fittings affixed to, and amenities provided any land appurtenant to and let with any such building or part |
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What does the term “Premises” does not includes? |
land being used for agricultural purposes a room or other accommodation in a hotel, dharamshala, inn, sarai, lodging house, boarding house or hostel the top of the roof a farm building |
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Which provision deal with “Rent Authority”? |
Sec.2(fa) |
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Which provision deal with "Rent Tribunal"? |
Sec.2(g) |
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Which provision deal with "senior citizen"? |
Sec.2(h) |
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What does the term "senior citizen" means? |
a citizen of India who has attained the age of sixty-five years or more |
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Which provision deal with the term "tenant"? |
Sec.2(i) |
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What does the term "tenant" means? |
the person by whom or on whose account or behalf rent is, 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; |
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What does the term "tenant" means in the event of death of the person 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 |
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What does the term "tenant" means in the event of death of the person 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 |
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Which provision deal with "Tribunal"? |
Sec.2(j) |
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What does the term "Tribunal" means? |
an Appellate Rent Tribunal or a Rent Tribunal |
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Which provision deal with “Chapter II and III not to apply to certain premises and tenancies”? |
Sec.3 |
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Nothing Contained in Chapter II and III of this Act shall apply? |
to any premises belonging to or let out by the Central Government or the State Government or a local authority |
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Nothing Contained in Chapter II and III of this Act shall apply? |
to any premises belonging to or let out by anybody corporate constituted by a Central Act or a Rajasthan Act |
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Nothing Contained in Chapter II and III of this Act shall apply? |
to any premises belonging to a Government company as defined under section 617 of the Companies Act, 1956 |
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Nothing Contained in Chapter II and III of this Act shall apply? |
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 |
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Nothing Contained in Chapter II and III of this Act shall apply? |
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 |
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Nothing Contained in Chapter II and III of this Act shall apply? |
to any premises belonging to or vested in a university established by any law for the time being in force |
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Nothing Contained in Chapter II and III of this Act shall apply? |
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 private limited companies or public limited companies having a paid-up share captial of rupees one crore or more |
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What does the expression "bank" means? |
State Bank of India (the State Bank of India Act, 1955) subsidiary bank (State Bank of India (Subsidiary Banks) Act, 1959) new bank (section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970) a scheduled bank (clause (e) of section 2 of the Reserve Bank of India Act, 1934) |
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Nothing Contained in Chapter II and III of this Act shall apply? |
to any premises let out to a citizen of a foreign country or to 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 notification in the official Gazette. |
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Which provision deal with “Rent to be as agreed”? |
Sec.4 |
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How the rent Payable for any premises shall be? |
as may be agreed upon between the landlord and the tenant |
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The rent Payable for any premises shall not include? |
the charges payable for amenities which may be agreed upon separately and shall be payable accordingly |
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Which provision deal with “Payment and remittance of rent by tenant”? |
Sec.5 |
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Unless agreed otherwise every tenant shall pay the rent |
by the fifteenth day of the month next following the month for which the rent is payable. |
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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. |
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A tenant may make payment to the landlord or his duly authorised agent, by the any of the following methods? |
by personal payment, by cash, by Cheque or Bank Draft, or by payment in the bank account as may be specified by the landlord, or by remitting through postal money order. |
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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 |
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CHAPTER-II |
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REVISION OF RENT |
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Which provision deal with “Revision of rent in respect of existing tenancies”? |
Sec.6 |
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How the rent shall liable to be revised where the premises have been let out before the commencement of this Act 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 % 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 5 % per annum in similar manner upto the year of commencement of this Act |
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How the rent shall liable to be revised where the premises have been let out before the commencement of this Act 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 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 5 % per annum in similar manner upto the year of commencement of this Act |
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Where the period of ten years for merger of increase of rent is not completed upto the year of the commencement of this Act then? |
the rent at the rate of 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. |
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The rent arrived at according to the formula 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 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 manner till the tenancy subsists. |
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The rent revised as per formula 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 |
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According to Section 6 of the Rajasthan Rent Control Act, 2001, the rent of existing tenancies may be revised by: |
The Rent Tribunal |
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Under Section 6, who can apply for the revision of rent in existing tenancies? |
Either the tenant or the landlord |
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Which provision deal with “Revision of rent in respect of new tenancies”? |
Sec.7 |
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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 |
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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 |
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Any agreement for increase of rent in excess of 5% per annum shall be |
void to that extent |
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CHAPTER-III |
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TENANCY |
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Which provision deal with “Limited period tenancy”? |
Sec.8 |
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A landlord may let out the premises for residential purposes for a limited period |
not exceeding three years |
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The 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. |
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The rent tribunal shall grant permission to enter into the limited period tenancy. |
immediately |
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When permission to enter into the limited period tenancy shall not be granted? |
For more than three times for the same premises |
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The certificate for recovery of possession issued shall lapse if petition for execution has not been filed before the Tribunal |
Within six months from the date such certificate becomes executable. |
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Which provision deal with “Eviction of tenants”? |
Sec.9 |
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When can a Rent Tribunal order eviction of tenant? |
the tenant has neither paid nor tendered the amount of rent due from him for four months |
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When can Rent Tribunal not order eviction of tenant? |
if landlord has not disclosed 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, acknowledgment due |
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When can Rent Tribunal not order eviction of tenant? |
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. |
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When can a Rent Tribunal order eviction of tenant? |
the tenant has wilfully caused or permitted to be caused substantial damage to the premises |
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When can a Rent Tribunal order eviction of tenant? |
the tenant has without written permission of the landlord made or permitted to be made any construction which has materially altered the premises or is likely to diminish the value |
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When can a Rent Tribunal order eviction of tenant? |
the tenant has created a nuisance or has done any act which is inconsistent with the purpose for which he was admitted to the tenancy of the premises or which is likely to affect adversely and substantially the landlord's interest |
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When can a Rent Tribunal order eviction of tenant? |
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 |
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When can a Rent Tribunal order eviction of tenant? |
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; |
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When can a Rent Tribunal order eviction of tenant? |
the premises were let out for residential purposes but have been put to commercial use wholly or partially |
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When can a Rent Tribunal order eviction of tenant? |
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 be in such service or employment |
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When can a Rent Tribunal order eviction of tenant? |
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 |
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Where decree of eviction from any premises is sought 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 |
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 |
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When can a Rent Tribunal order eviction of tenant? |
the tenant has built or acquired vacant possession of or has been allotted suitable premises adequate for his requirement |
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When can a Rent Tribunal order eviction of tenant? |
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 |
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When can a Rent Tribunal order eviction of tenant? |
the landlord has been required by any authority under any law to abate the overcrowding of the premises |
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When can a Rent Tribunal order eviction of tenant? |
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. |
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Which provision deal with “Right of landlord to recover immediate possession in certain cases”? |
Sec.10 |
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When can a landlord on a petition being filed in the Rent Tribunal be entitled to recover immediate possession of a residential premise? The Indecent Representation of Women Act Free One Liner Notes |
If he is or was a member of any armed forces or paramilitary forces of the Union and a 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 |
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When can a landlord on a petition being filed in the Rent Tribunal be entitled to recover immediate possession of a residential premise? |
If he is or was an employee of the Central Government or the State Government or local bodies or State-owned corporations and files the a petition within a period of one year 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 |
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When can a landlord on a petition being filed in the Rent Tribunal be entitled to recover immediate possession of a residential premise? |
has become a senior citizen and files the a petition after the expiry of three years from the date of letting out of premises |
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Who can on a petition being filed in the Rent Tribunal entitled to recover immediate possession of a residential premise? |
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, 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 |
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Who can on a petition being filed in the Rent Tribunal entitled to recover immediate possession of a residential premise? |
after the death of a landlord, his widow shall, if the petition is filed by her within a period of one year from the date of death of her husband |
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Where the landlord has let out more than one premises, the petition |
shall be maintainable in respect of one rented premises only to be chosen by the landlord and Only if the petitioner is not residing in his own premises in the same municipal area. |
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When can a landlord, be entitled to recover immediate possession of ground floor premises after letting out his premises on the ground floor, and he has incurred such permanent disability due to which he is unable to use staircase and requires the ground floor premises for his own residence? |
on his furnishing a certificate from duly constituted 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 |
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If tenant 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 available 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. |
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Where the landlord has recovered possession of the premises, 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 |
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CHAPTER-IV |
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RESTORATION OF POSSESSION OF ILLEGALLY EVICTED TENANT AND PROCEDURE THEREOF |
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Which provision deal with “Restoration of possession of illegally dispossessed tenant”? |
Sec.11 |
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If any tenant is dispossessed by landlord from the rented premises without his consent otherwise than by due process of law, he may, file a petition before the Rent Tribunal for restoration of possession thereof. |
within thirty days from the date of knowledge of such dispossession |
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Which provision deal with “Procedure for recovery of possession”? |
Sec.12 |
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The tenant or any person claiming recovery of possession under section 11 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 |
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The Rent Tribunal upon filing of petition shall issue notice accompanied by copies of petition affidavits and documents fixing a date from the date of service of notice requiring the landlord to submit reply accompanied by affidavits and documents on which the landlord relies. |
not later than twenty-one days |
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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. |
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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. |
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The petitioner 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. |
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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 |
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The petition shall be disposed of within |
a period of ninety days from the date of service of notice on the landlord. |
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The Rent Tribunal after holding 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. |
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The Tribunal may also award adequate compensation 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. |
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CHAPTER- V |
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CONSTITUTION OF TRIBUNALS, PROCEDURE FOR REVISION OF RENT AND EVICTION, APPEAL AND EXECUTION |
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Which provision deal with “Constitution of Rent Tribunal”? |
Sec.13 |
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Who constitute number of Rent Tribunals and at such places as may be deemed necessary by it, by notification in the Official Gazette? |
The State Government |
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Where two or more Rent Tribunals are constituted for any area who by general or special order, regulate the distribution of business among them? |
The State Government |
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A Rent Tribunal shall consist of one person only (hereinafter referred to as the Presiding Officer) |
to be appointed by the High Court. |
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No person shall be eligible to be appointed as Presiding Officer of the Rent Tribunal unless |
he is a member of Rajasthan judicial Service Not below the rank of Civil Judge Senior Division. |
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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. |
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Which provision deal with “Procedure for revision of rent”? |
Sec.14 |
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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. |
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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. |
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The opposite party may file reply, affidavits and documents after serving part the copies of the same on the petitioner |
within a period not exceeding thirty days from the date of service of notice. |
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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. |
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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. |
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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. |
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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. |
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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. |
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Which provision deal with “Procedure for eviction of tenant”? |
Sec.15 |
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The landlord or any person claiming possession shall file a petition and such petition shall be accompanied by affidavits and documents, if any, upon which landlord or person claiming possession wants to rely. |
before the Rent Tribunal
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The Rent Tribunal, upon filing of petition 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 issue of notice requiring the tenant to submit reply accompained by affidavits and documents, if any, on which the tenant relies |
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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-five days from the date of service of notice. |
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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. |
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The Rent Tribunal shall thereafter fix a date of hearing which shall |
not be later than one hundred and eighty days from the date of service of notice on the tenant. |
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The petition shall be disposed of within a period of from the date of service of notice on the tenant. |
two hundred and forty days |
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Who may hold such summary inquiry during the course of such hearing as it deems necessary and decide the petition? |
The Rent Tribunal |
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Who may make efforts for conciliation or settlement of dispute between the parties? |
The Rent Tribunal |
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Where the Rent Tribunal decides the petition in favour of the landlord, it shall |
issue a certificate for recovery of possession from the tenant. |
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The certificate issued shall not be executable for a period of |
three months from the date of decision. |
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In case of premises let out for commercial use such certificate shall not be executable for a period of |
six months from the date of the decision |
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Which provision deal with “Procedure for recovery of immediate possession”? |
Sec.16 |
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The landlord or any person claiming immediate possession shall file petition and such petition shall be accompained by affidavits and documents upon which landlord or person entitled to seek immediate possession wants to rely. |
before the Rent Tribunal |
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The Rent Tribunal, upon filing of petition shall issue notice accompained by copies of petition, affidavits and documents, fixing a date - from the date of service of notice requiring the tenant to submit reply accompained by affidavits and documents, if any, on which the tenant relies. |
not later than thirty days |
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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 |
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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. |
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The 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. |
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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. |
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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 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. |
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The certificate issued shall not be executable for a period of |
three months from the date of decision. |
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Which provision deal with “Fixing of date for appearance of parties before Appellate Rent Tribunal and supply of copies of final order”? |
Sec.17 |
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The Rent Tribunal while finally deciding a petition in which it is not proceeding ex-parte against any party shall fix a date 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 final order of the Rent Tribunal. |
beyond two months but not beyond six months of its decision |
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The copy of the final order shall bear the endorsement that the same is being supplied under this provision and party preferring an appeal may file such a copy along with his appeal. |
under the seal of the Presiding Officer |
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Which provision deal with “Jurisdiction of Rent Tribunal”? |
Sec.18 |
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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 therewith and ancillary thereto, filed under the provisions of this Act |
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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 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. |
Transfer of Properties Act, 1882 (Act No. 4 of 1882) the Indian Contract Act, 1872 (Act No. 9 of 1872), or any other substantive law |
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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 (Requisition and Eviction) Ordinance, 1949 apply |
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A petition shall be instituted before the Rent Tribunal |
within the local limits of whose jurisdiction -the premises is situated. |
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Which provision deal with “Appellate Rent Tribunal, Appeals and limitation thereof”? |
Sec.19 |
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Who 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. |
The State Government |
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Where two or more Appellate Rent Tribunals are constituted for any area, who by general or special order, regulate the distribution of business among them. |
The State Government |
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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. |
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No person shall be eligible to be appointed as Presiding Officer of the Appellate Rent Tribunal unless |
he is a member of the district judge cadre Service having not less than three-year experience. |
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Who may authorise the Presiding Officer of one Appellate Rent Tribunal to discharge the functions of the Presiding Officer of another Appellate Rent Tribunal. |
The High Court |
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From every final order passed by the Rent Tribunal |
appeal shall lie to the Appellate Rent Tribunal; within the local limits of whose jurisdiction the premises is situated |
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An appeal to the Appellate Rent Tribunal shall be filed from the date of final order along with copy of such final order. |
within a period of sixty days |
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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
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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 |
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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. |
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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. |
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The Appellate Rent Tribunal may in its discretion pass |
interlocutory order, during the pendency of the appeal |
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While deciding the appeal, the Appellate Rent Tribunal may after recording reasons therefore |
confirm, vary, set aside, reverse or modify the order passed, by a Rent Tribunal remand the case to the Rent Tribunal along with such direction |
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The Appellate Rent Tribunal shall issue appropriate |
recovery certificate according to the decision rendered by it. |
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The decision of the Appellate Rent Tribunal shall |
be final and no further appeal or revision shall lie against its order. |
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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. |
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Where any case has been transferred to the Rent Tribunal which has thereafter to try or dispose of such case may, subject to any special direction in the order of transfer |
proceed from the stage at which it was transferred. |
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Which provision deal with “Power of Tribunal to order payment of rent and arrears thereof during pendency of petition or appeal”? |
Sec.19-A |
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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. |
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Which provision deal with “Execution of the orders”? |
Sec.20 |
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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. |
attachment and sale of the movable or immovable property of the opposite party arrest and detention of the opposite party 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 |
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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. |
attachment of salary and allowance of a government servant or employee of any nationalized bank, local authority, corporation, Government company 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 delivery of possession of the applicant. |
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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 |
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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 |
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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 3 times the rent, in case of premises let out for commercial purposes |
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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 3 times the rent in case certificate for recovery of immediate possession has been issued under section 16. |
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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. |
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Filing of an appeal or other proceeding against the order of issue of certificate for recovery of possession or immediate possession will save the tenant from his liability to pay mesne profits, at the rates specified |
If specifically ordered otherwise by the Appellate Rent Tribunal or the Court before which such an order is under challenge |
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Which provision deal with “Procedure and powers of the Rent Tribunal and the Appellate Rent Tribunal”? |
Sec.21 |
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In every case before the Rent Tribunal and the Appellate Rent Tribunal |
the evidence of a witness shall be given by affidavit. |
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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. |
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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 |
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the documents filed by the respondent shall be similarly distinctly marked by him |
Ex-A 1, Ex-A 2 and so on in red ink |
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In the affidavits the documents shall be referred by these exhibit marks and 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. |
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The Rent Tribunal and the Appellate Rent Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 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 civil court under the Code of Civil Procedure, 1908 while trying a suit or an appeal. |
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The Rent Tribunal and the Appellate Rent Tribunal shall have, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit or an appeal in respect of following matters, namely |
summoning and enforcing the attendance of any person and examining him on oath requiring the discovery and production of documents reviewing its decision issuing commissions for the examination of witnesses or documents |
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The Rent Tribunal and the Appellate Rent Tribunal shall have, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit or an appeal in respect of following matters, namely |
dismissing petition for default or deciding it ex-parte setting aside any order of dismissal of any petition for default or any order passed by it ex-parte bringing legal representatives on record any other, matter as may be prescribed. |
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Rent Tribunal shall not grant any adjournment |
without written application and recording the reasons therefor in writing |
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Any proceeding before the Rent Tribunal or Appellate Rent Tribunal shall deemed be to be a judicial, proceeding within the meaning of |
sections 193 and 228 and for the purpose of section 196 of the Indian Penal Code, 1860 |
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The Rent Tribunal or the Appellate 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 |
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Which provision deal with “Procedure and power of the Rent Authority”? |
Sec.21-A |
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The provisions contained in Sec. 21 with regard to procedure and powers of Rent Tribunal shall mutatis mutandis be applicable to the Rent Authority while |
entertaining, hearing and deciding the petitions or applications presented, or with respect to the information furnished, to him as if the word "Rent Authority" was substituted for the words "Rent Tribunal" wherever occurring therein. |
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Which provision deal with “Model Forms”? |
Sec.22 |
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Every petition or appeal so far as possible shall be in the model form specified in |
Schedule A and Schedule B. |
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Every recovery certificate shall be in the model form specified in |
Schedule C, of this Act. |
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CHAPTER V-A |
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APPOINTMENT OF RENT AUTHORITY, TENANCY AGREEMENTS AND PERIOD OF TENANCY |
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Which provision deal with “Appointment of Rent Authority”? |
Sec.22-A |
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The State Government may appoint, by notification in the Official Gazette, officers of the Rajasthan Administrative Service not below the rank of a Sub-Divisional Officer as the Rent Authority for |
the jurisdictional area of every Rent Tribunal to perform functions and exercise powers in the matters specified under Sec.22-B, 22-D, 22-E, 22-G, 23 and 24 of this Act. |
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An appeal against the order of the Rent Authority shall lie to the Rent Tribunal |
within sixty days from the date of order. |
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Every order of the Rent Authority, if not reversed, altered or modified by the Rent Tribunal in appeal, shall |
be final and shall not be called in question in any civil court. |
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Which provision deal with “Tenancy agreements”? |
Sec.22-B |
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No person shall, after the commencement of the Rajasthan Rent Control (Amendment) Act, 2017 (Act No. 33 of 2017), let or take on rent any premises except by an agreement in writing, and |
the particulars of such agreement shall be communicated to the Rent Authority by the landlord and tenant jointly, in the form specified in Schedule-D. |
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Where, in relation to a tenancy created before the commencement of Rajasthan Rent Control (Amendment) Act, 2017 an agreement in writing having already been entered into, the particulars thereof shall be |
communicated to the Rent Authority in the form specified in Schedule-D |
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Where, in relation to a tenancy created before the commencement of Rajasthan Rent Control (Amendment) Act, 2017 no agreement in writing was entered into, then the landlord and the tenant shall enter into an agreement in writing with regard to that tenancy, and |
communicate the particulars thereof to the Rent Authority in the form specified in Schedule-D |
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Where the landlord and the tenant fail to present jointly a copy of tenancy agreement or fail to reach an agreement such |
landlord and the tenant shall separately file the particulars about such tenancy. |
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Every agreement shall be executed before the commencement of tenancy and the agreement required to be executed shall be |
executed within a period of one year from the date of commencement of Rajasthan Rent Control (Amendment) Act, 2017 (Act No. 33 of 2017). |
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The Rent Authority after receiving such information about tenancy agreement, shall make entry of particulars of the agreement in a Register maintained for that purpose containing particulars |
as per Schedule-D and provide a registration number to the parties. |
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The information shall be taken as evidence of facts relating to tenancy and matters connected therewith and in its absence any statement in the agreement inconsistent with the details filed as per Schedule-D |
shall not be received as evidence of the facts before the Rent Tribunal or the Appellate Rent Tribunal, as the case may be. |
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The Rent Authority shall upload the details of all tenancies along with the registration number in the form and manner prescribed, on its |
website within fifteen days of the allotment of the registration number. |
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Which provision deal with “Period of tenancy”? |
Sec.22-C |
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All tenancies entered into after the commencement of Rajasthan Rent Control (Amendment) Act, 2017 (Act No. 33 of 2017) |
shall be for a period as agreed between the landlord and the tenant and as specified in the tenancy agreement. |
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The tenant may approach the landlord for renewal or extension of the tenancy, within the period agreed to in the tenancy agreement, prior to the end of tenancy period and if agreeable to the landlord may enter into |
a new tenancy agreement with the landlord on mutually agreed terms and conditions. |
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If a tenancy for a fixed term ends and has not been renewed or the premises have not been vacated by the tenant at the end of such tenancy, the tenancy shall be deemed to be renewed on |
a month-to-month basis on the same terms and conditions as were in the expired tenancy agreement, for a maximum period of six months and shall thereafter be deemed to have expired unless renewed by the landlord by agreement with the tenant in writing. |
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CHAPTER V-B |
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REVISION OF RENT IN CERTAIN CIRCUMSTANCES, SECURITY DEPOSIT, DEPOSITING OF RENT IN CERTAIN CIRCUMSTANCES, ETC. |
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Which provision deal with “Revision of Rent in certain circumstances”? |
Sec.22-D |
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Where the landlord, after the commencement of tenancy and in agreement with the tenant has incurred expenditure on account of improvement, addition or structural alteration in the premises occupied by the tenant, which does not include repairs necessary to be carried out, |
the landlord may increase the rent of the premises by an amount as agreed between the landlord and the tenant prior to the commencement of the work and such increase in rent shall become effective from one month after the completion of work. |
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Where after the rent of a premises has been agreed or fixed, there has been a decrease or diminution or deterioration of accommodation or housing services in the premises, |
the tenant may claim a reduction in the rent. |
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Who may either restore the premises and the housing services as at the commencement of tenancy or agree for a reduction in rent. |
The landlord |
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In case of conflict, the landlord or tenant may approach the Rent Authority by filing petition before the Rent Authority and the Authority shall try to resolve the conflict and to arrive at amicable settlement between the landlord and tenant and |
if no such settlement is arrived at between the parties, he may pass appropriate orders on the basis of material brought on record and by hearing both the parties. |
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Which provision deal with “Rent Authority to fix revised rent in the circumstances specified in Sec. 22-D”? |
Sec.22-E |
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The Rent authority on an application presented by the landlord or tenant in the circumstances specified in Sec. 22-D, shall fix or revise, as the case may be, |
the rent and other charges payable by the tenant as also fix the date from which the revised rent becomes payable. |
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Which provision deal with “Security deposit”? |
Sec.22-F |
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Save as an agreement to the contrary, it shall be lawful for the landlord to charge |
a security deposit equal to one month's rent. |
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The security deposit shall be refunded to the tenant within one month after vacation of the premises, |
after making due deduction of any liability of the tenant. |
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Wherever the security deposit is not refunded to the tenant |
the tenant may file an application before the Rent Authority for directing the landlord to refund the security deposit. |
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Which provision deal with “Depositing of rent with the Rent Authority in certain circumstances”? |
Sec.22-G |
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Where the landlord does not accept any rent tendered by the tenant or refuses to give a receipt, |
the tenant may deposit the same periodically, in time, with the Rent Authority. |
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Wherever in any case there is bona-fide doubt about the person or persons to whom the rent is payable, |
the tenant may deposit such rent with the Rent Authority |
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On deposit of the rent, the Rent Authority shall |
investigate the case and pass an order based on facts of the case |
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The amount of rent deposited shall be accounted for in such manner as may be prescribed and shall be kept in a Personal Deposit Account and |
shall be operated for payment to the landlord or other lawful claimant in the manner, as may be prescribed |
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The receipt by the landlord, of rent deposited as the case may be, shall |
not operate as admission to the correctness of rent and other fact stated by the tenant while depositing the same. |
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CHAPTER-VI |
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AMENITIES |
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Which provision deal with “Landlord not to discontinue or withhold amenities enjoyed by the tenant”? |
Sec.23 |
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No landlord either himself or acting through any person or any person purporting to act on his behalf, shall discontinue or withhold the amenities enjoyed by the tenant in respect of the premises let out to him. The landlord may, however, discontinue or withhold any amenity with the permission of |
the Rent Authority and the Rent Authority shall grant such permission if it is satisfied that the tenant has not paid the charges in respect of the amenity, which he was liable to pay. |
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On the petition of the landlord for permission to discontinue or withhold the amenities or on the petition of the tenant for restoration of the amenities |
the Rent Authority shall issue notices to the other party and after hearing the parties it shall pass such orders as it may deem fit. |
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During the pendency of the inquiry the Rent Authority may pass |
such interim orders as it may deem fit. |
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The Rent Authority shall conduct the proceedings in a summary manner and dispose of any application made by the landlord or tenant |
within sixty days from the date of presentation of petition. |
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Which provision deal with “Duties of tenant and landlord”? |
Sec.24 |
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In the absence of any written agreement, essential repairs in a year involving expenditure upto 5% of the annual rent shall be carried out by the tenant at his own cost and |
essential repairs involving expenditure in excess of 5% of the annual rent shall be carried out by the landlord on receiving notice from the tenant |
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Where the landlord neglects to undertake essential repairs within a period of fifteen days from the date of receipt of notice, the tenant shall be at liberty to move the Rent Authority for permission to undertake the repairs, along with estimate of such repairs, and where permission is granted by the Rent Authority |
it shall also pass orders with regard to the recovery of such cost from the landlord by setting off the amount against the rent payable by the tenant |
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Which provision deal with “Disposal of pending proceedings under Sections 23 or 24”? |
Sec.24-A |
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All the proceedings under Sec. 23 or 24 pending before the Rent Tribunal on the date of commencement of the Rajasthan Rent Control (Amendment) Act, 2017 shall be continued and |
the Rent Tribunal may pass appropriate orders thereon as if Sec. 23 or 24 was not amended by the said Act |
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CHAPTER-VII |
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MISCELLANEOUS |
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Which provision deal with “Inspection of premises”? |
Sec.25 |
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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 |
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The inspection shall not be carried out by the landlord more than |
once in three months |
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Which provision deal with “Members and staff of the Tribunals to be public servants and their control”? |
Sec.26 |
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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 or sec 2(28) of the Bharatiya Nyaya Sanhita, 2023. |
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The Presiding Officers of Rent Tribunals and Appellate Rent Tribunals shall function under the administrative and disciplinary control of |
the High Court. |
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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. |
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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) |
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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 |
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Which provision deal with “Rent Authority to be public servant and protection of actions”? |
Sec.26-A |
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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 or sec 2(28) of the Bharatiya Nyaya Sanhita, 2023. |
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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. |
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Which provision deal with “Limitation”? |
Sec.27 |
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Subject to the provision of this Act, the provisions of Limitation Act, 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 |
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Which provision deal with “Court fees”? |
Sec.28 |
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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. |
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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 shall be |
payable on the amount of rent payable for the year next before the date of presentation of the petition, irrespective of the period for which the limited period tenancy is sought to be entered. |
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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 |
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On petition for revision of rent under section 6 or under section 7 and on appeal against any order on such a petition |
a fixed court fee of Rs. 250/- shall be payable. |
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Which provision deal with “Act to have overriding effect”? |
Sec.29 |
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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. |
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Which provision deal with “Power to remove difficulties”? |
Sec.30 |
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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 appear to it to be necessary or expedient for removing the difficulty. |
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No such order shall be made after the expiry of the period of |
three years from the date of commencement of this Act. |
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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. |
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Which provision deal with “Power to make rules”? |
Sec.31 |
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The State Government may make rules |
for carrying out the purposes of this Act. |
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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 |
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Which provision deal with “Repeal and savings”? |
Sec.32 |
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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 section 1 of this Act. |
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The repeal under sub-section (1) shall not affect |
-anything duly done or suffered under the enactment so repealed -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed -any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. |
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the provision for appeal under the repealed Act shall continue in force |
in respect of applications, suits and proceedings disposed of thereunder |
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What happen in case of all suits and proceedings instituted under the provisions of the repealed Act? |
Shall be effective and disposed of in accordance with such repealed law |
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What happen in case of 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. |
