THE RAJASTHAN RENT CONTROL ACT, 2001 An act to pro provide ide for contr ontro ol of evi eviction tion from, lett lettiing of, of, and and rents nts for for, certain premises in the State of Rajasthan and matters incidental there to. Be Be it enac nacted ted by the Rajas ajasth than an State tate Legis egisllatur aturee in the Fift Fiftyy-se -second cond ear of the Republic of !ndia, as follo"s#CHAPTER-I PRELIMINARY $. Short title, extent extent and commencement commencement %$& 'his Act may be called the Rajasthan Rent control Act, ())$. %(& !t shall e*tend in first instance to such of the municipal areas "hich are comp compri risi sing ng the the +istrict +istr ict eaduarters ead uarters in the State and a nd later la ter on o n to such of of the other oth er munic municip ipal al areas area s havin having g a popul populati ation on e*c e*cee eedin ding g fift fiftyy thou thousan sand d as per per $$ $ /ensus sus as the State ate 0overn vernm ment may, by notif tification in the off official 0a1ette, specify from time to time. %2& !t shall come into force "ith effect from such date ! as the State 0overnment may3 by notification in the 4fficial 0a1ette, appoint. 2.e!inition" .- !n this Act, unless subject or conte*t other"ise reuires,%a& 5amenities5 includes supply of "ater and electricity, passages, staircase, natural light, lavatories, lifts, conservancy, sanitary services, telephone services, '. 6. /able services or the li7e8 %b& Appellate Rent 'ribunal5 means Appellate Rent 'ribunal constituted under se section l8 %c&5landlord5 means any person ho for the time being is receiving or is entitled to receive the rent of any premises, "hether on his o"n account or as an agent, trustee, guardian or receiver for any other person, or "ho "ould so receive or be entitled to receive the rent, if the premises "ere let to a tenant8 %d& 5lease5 means a lease as defined under the 'ransfer of 9roperty Act, $::( %/entr %/entral al Act Act ;o. ;o. < of $::( $::(&8 &8 %e& 5=unicipal Area5 means the municipal area as defined under the Rajasthan municipalities Act, $> %Act ;o. 2: of $>&8
%f& 59remises5 means%a& any land not being used for agricultural purposes8 and %b& any building or part of a building %other than a farm building& let or intended to be let for use as a residence or for commercial use or for any other oth er purpose, including, %i& the gardens, grounds, godo"ns, garages and out-houses, if any, appurtenant to su such bui building ing or part, %ii& any furniture supplied by the landlord for use in such building or part,%iii& any fi fitti ttings ngs affi affi**ed to, and ameni enities provided in, suc such bui building ing or part art for the more beneficial enjoyment thereof, and %iv& any land appurtenant to and let "ith any su such bui building ing or part, but but does not not incl nclude ude a room or other accommodat dation in a hotel, dharamshala, inn, sarai ,lodging house, boarding house or hostel8 Ex#lanation$ !n absence of a contract contract to the the contrary, contrary, the top top of the roof roof shall not form form part pa rt of the premises premises let out to a tenant8 %g& 5Rent 'ribunal5 means a Rent 'ribunal constituted under section $28 %h& 5senior citi1en5 means a citi1en of !ndia "ho has attained the age of si*ty five ye years ars or mo more8 %i& 5tenant5 means%i& the person by "hom or on "hose account or behalf rent is, or but for a contract e*pressor implied, "ould be payable for any premises to his landlord including the person "ho is continuing in its possession after the termination of his tenancy other"ise than by an order or decree for eviction passed under the pro provisio sions of this his Act8 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 "ho had been ordinarily residing "ith him in such pre premises as member of his his fami amily upto upto his his death8 th8 %b& in case of premises let out for commercial or business purposes, his surviving sp spouse ouse,, son, daughter, daughter, mother and father "ho had been ordinarily ordinarily carrying on business "ith him in such premises as member of his family upto his death8 and % j & 5.'ribunal5 means an Appellate Rent 'ribunal or a Rent 'ribunal, as the case may be.2 be.2..
Cha#ter II and III not to a##l% to certain #remi"e" and tenancie". ;othing
/ontained in /hapter !! and !!! of this Act shall apply,-%i& to the ne" premises built or completed after the commencement of this Act and let out through a registered deed in "hich date of completion of such premises is mentioned8%ii& to the premises e*isting at the commencement of this Act, if let out after such commencement for a period of five years or more through a registered deed and the tenancy is not terminable before e*piry of its duration at the option of the landlord8 %iii& to any premises let out for residential purposes before or after the commencement of this Act, the monthly rent "hereof is%a& rupees seven thousand or more in the case of the premises situated in the municipal area of ?aipur city8 %b& rupees four thousand or more, in the case of premises let out at places situated in the municipal areas comprising the +ivisional eaduarters ?odhpur, Ajmer, @ota, daipur and Bi7aner8 %c& rupees t"o thousand or more, in case of premises let out at places situated in other municipal areas. to "hich this Act e*tends for the time being8 %iv& to any premises belonging to or let out by the /entral 0overnment or the State 0overnment or a local authority8%v& to any premises belonging to or let out by any body corporate constituted by a /entral Act or a Rajasthan Act8%vi& to any premises belonging to a 0overnment company as defined under section $C of the /ompanies Act, $> %/entral Act ;o. $ of $>&8%vii& to any premises belonging to the +evasthan +epartment of the State, "hich are managed and controlled by the state 0overnment or to any property of a Da7f, registered under the Da7f Act,$> %/entral Act ;o. <2 of $>&8%viii& to any premises belonging to such religious, charitable or educational trust or class of such trusts as may be specified by the State 0overnment by notification in the 4fficial 0a1ette8%i*& to any premises belonging to or vested in a niversity established by any la" for the time being in force8%*& to any premises let to ban7s, or any 9ublic Sector nderta7ings or any /orporation established by or under any /entral 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 more8 Ex#lanation. For the purpose of this clause the e*pression 5ban75 means,-%i& the State Ban7 of !ndia constituted under the State Ban7 of !ndia Act, $>> %/entral Act ;o. (2 of $>>&8%ii& a subsidiary ban7 as defined in the State Ban7 of !ndia %Subsidiary Ban7s& Act, $>%/entral Act ;o. 2: of $>&8 %iii& a corresponding ne" ban7 constituted under section 2 of the Ban7ing /ompanies%Acuisition and 'ransfer of nderta7ings& Act, $C) %/entral Act ;o. > of $C)& or under section 2 of the Ban7ing /ompanies %Acuisition and 'ransfer of nderta7ing& Act,$:) %/entral Act ;o. <) of $:)&8%iv& any other ban7, being a scheduled ban7 as defined in clause %e& of section ( of the Reserve Ban7 of !ndia Act, $2< %/entral Act ;o. ( of $2<&8 and %*i& to any premises let out to a citi1en of a foreign country or to ! an Embassy3 ighcommission, Legation or other Body of a foreignState, or such international organisation as may be specified by the State 0overnment bynoti- fication in the official 0a1ette.<. Rent to &e a" a'reed.%$& 'he rent 9ayable for any premises shall, subject to other provisions of this Act, be such as may be agreed upon bet"een the landlord and the tenant and it shall not include the charges payable for amenities "hich may be agreed upon separately8 and shall be payable accordingly. (. Pa%ment and remittance o! rent &% tenant.%$& nless agreed othervise every tenant shall pay the rent by the fifteenth day of the month ne*t follo"ing the month for "hich the rent is payable. %(& Every tenant "ho ma7es 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 authori1ed agent. %2& A tenant may ma7e payment to the landlord or his duly authorised agent, by the any of the follo"ing methods# b y p e r s o n a l p a y m e n t , b y c a s h , b y C h e q u e o r B a n k D r a f t , o r b y p a y m e n t i n t h e b a n k a c c o u n t a s m a y b e s p e c i f i e d b y t h e l a n d l o r d , or b y r e m i t t i n g t h r o u g h p o s t a l m o n e y o r d e r .
%<& 'he landlord shall disclose to the tenant his ban7 account number and name of the ban7 in the same municipal area, in the rent agreement or by a notice sent to him by registered post, ac7no"ledgement due.
CHAPTER-II REVISION OF RENT
6. Revision of rent in respect of existing tenncies. (1) Notithstanding anything contained in any agreement, here the premises ha!e been let out before the commencement of this "ct, the rent thereof shall be liable to be re!ised according to the formula indicated belo#$ (a) here the premises ha!e been let out prior to lst %anuary, 1&', it shall be deemed to ha!e been let out on lst %anuary, 1&' and the rent payable at that time shall be liable to be increased. at the rate of .' * per annum and the amount of increase of rent shall be merged in such rent after ten years. +he amount of rent so arri!ed at shall again be liable to be increased at the rate of .' * per annum in similar manner upto the year of commencement of this "ct. (b) here the premises ha!e been let out on or after lst %anuary, 1&', the rent payable at the time of commencement of the tenancy shall be liable to be increased at the rate of .'* per annum and the amount of increase of rent shall be merged in such rent after ten years. +he amount of rent so arri!ed at shall again be liable to be increased at the rate of .' * per annum in similar manner upto the year of commencement of this "ct$ !""#strtion $ $ f the rent as -s. 1 per month on 1st %anuary, 1&', it shall become -s.1'$ per month on lst %anuary, 1&/. t shall become -s. 0/.0 per month on 1st%anuary, 1& and -s. '0/.0 per month on 1 st %anuary, 1&.(2) Notithstanding anything contained in subsection (1), here the period of ten years for merger of increase of rent under sub$section (1) is not$ completed upto the year of the commencement of this "ct, the rent at the rate of .' * per annum shall be increased upto the year of the commencement of this "ct and the amount of increase of rent shall be merged in rent.(0) +he rent arri!ed at according to the
formula gi!en in sub$sections (1) and (2) shall, after completion of each year from the year of commencement of this "ct, again be liable to be increased and paid at the rate of ' * per annum and the amount of increase of rent shall be merged in such rent after ten years. 3uch rent shall further be liable to be increased at similar rate and merged in similar manner till the tenancy subsists.(4) +he rent re!ised as per formula gi!en under subsection (1) or sub$section (2) shall be payable, after the commencement of this "ct, from the date agreed upon beteen the landlord and the tenant or here any petition is filed in a -ent +ribunal, from the date of filing of such petition. %. Revision of rent in respect of ne& tenncies .$ (1) n the absence of any agreement to the contrary, the rent of the premises let out after the commencement of this "ct shall be liable to be increased at the rate of ' * per annum and the amount of increase of rent shall be merged in such rent after ten years. 3uch rent shall further be liable to be increased at the similar rate and merged in similar manner till the tenancy subsists. CHAPTER-III TENANCY
'. Li(ite) perio) tennc*.+ (l)" landlord may let out the premises for residential purposes for a limited period not e5ceeding three years. (2) n such cases the landlord and the proposed tenant shall submit a 6oint petition before the -ent +ribunal for permission to enter into the limited period tenancy and for grant of certificate for reco!ery of possession. (0) +he rent tribunal shall grant permission immediately and issue certificate for reco!ery of possession of such premises e5ecutable on e5piry of the period mentioned in the certificate. 7oe!er, such permission shall not be granted for more than three times for the same premises# 8ro!ided that the certificate for reco!ery of possession issued in this section shall lapse if petition for e5ecution thereof has not been filed before the +ribunal ithin si5 months from the date such certificate becomes e5ecutable.
. Eviction of tennts.$Notithstanding anything contained in any other la or contract but sub6ect to other pro!isions of this "ct, -ent +ribunal shall not order e!iction of tenant unless it is satisfied that, $(a) the tenant has neither paid nor tendered the amount of rent due from him for four months# 8ro!ided that the ground under this clause shall. not be a!ailable to the landlord if he 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, acknoledgement due# 8ro!ided further that no petition on the ground under this clause shall be filed unless the landlord has gi!en a notice to the tenant by registered post, acknoledgement due, demanding arrears of rent and the tenant has not made payment of arrears of rent ithin a period of thirty days from the date of ser!ice of notice9
Exp"ntion #$:or the purposes of this clause, (a)the rent shall be deemed to ha!e been tendered hen the same is remitted through money order to the landlord by properly addressing the same9 or (b) the tenant has ilfully caused or permitted to be caused substantial damage to the premises9 or (c) the tenant has ithout ritten permission of the landlord made or permitted to be made any construction hich has materially altered the premises or is likely to diminish the !alue thereof9 or (d) the tenant has created a nuisance or has done any act hich is inconsistent ith the purpose for hich he as admitted to the tenancy of the premises or hich is likely to affect ad!ersely and substantially the landlord;s interest therein9 or (e) the tenant has assigned, sub$let or otherise parted ith the possession of the hole or part of the premises ithout the ritten permission of the landlord9
Exp"ntion #$f it is established that some person other than the tenant is in the e5clusi!e possession of the hole or part of the premises, it shall
be presumed that the tenant has either sub$let or parted ith the possession of the hole or part of the premises, as the case may be9 or (f) the tenant has renounced his character as such or denied the title of the landlord and the latter has not ai!ed his right or condoned the conduct of the tenant9 or (g) the premises ere let out for residential purposes but ha!e been put to commercial use holly or partially9 or (h) the premises ere let out to the tenant for residential purposes by reason of his being in the ser!ice or employment of the landlord and the tenant has ceased to be in such ser!ice or employment9 or (i) the premises are required reasonably and bonafide by the landlord for the use or occupation of himself or his family or for the use or occupation, of any person for hose benefit the premises are held #8ro!ided that here decree of e!iction from any premises is sought by the landlord under clause (i), he shall be prohibited from letting out the same to any other person ithin 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 mo!ed by him before the -ent +ribunal and the -ent +ribunal shall dispose of such petition e5peditiously and the procedure as laid don in section 1/ shall apply9 or (6) the tenant has built or acquired !acant possession of or has been allotted suitable premises adequate for his requirement9 or (k) the premises ha!e not been used ithout reasonable cause for the purpose for hich they ere let for a continuous period of si5 months immediately preceding the date of the petition9 or (l) the landlord has been required by any authority under any la to abate the o!er croding of the premises9 or (m) the landlord requires the premises in order to carry out any building ork,$ (i)at the instance of the 3tate
10. Rig-t of "n)"or) to recover i((e)ite possession in certin cses (l) Notithstanding anything to the contrary contained in this "ct or any other la for the time being in force or in any contract or usage,$(i) " landlord shall, on a petition being filed in this behalf in the -ent +ribunal, be entitled to reco!er immediate possession of a residential premise, if he,$ (a) is or as a member of any armed forces or paramilitary forces of the =nion and aforesaid petition is filed ithin one year, prior to or subsequent to the date of retirement, release or discharge, as the case may be, or ithin a period of one year from the date of commencement of this "ct, hiche!er is later9 (b) is or as an employee of the Central
en and files the aforesaid petition after the e5piry of three years from the date of letting out of premises9 (ii) a dependent legal representati!e of a landlord, ho as a member of any armed forces or paramilitary forces of the =nion and has died during the course of his employment, shall, on a petition being filed in this behalf in the -ent +ribunal, be entitled to reco!er immediate possession of the residential premises, if the petition is filed by him ithin a period of one year after the death of such member or ithin a period of one year from the date of commencement of this "ct, hiche!er is later9 (iii) after the death of a landlord, his ido shall, on a petition being filed in this behalf ?in the -ent +ribunal, be entitled to reco!er immediate possession of the residential premises, if the petition is filed by her ithin a period of one year from the date of death of her husband. (2) @here the landlord has let out more than one premises, the petition under sub$ section $ shall be maintainable in respect of one rented premises only to be chosen by the landlord and petition under sub$section
$ shall be maintainable only f the petitioner is not residing in his on premises in the same municipal area.
(0) @here a landlord, after letting out his premises on the ground floor, has incurred such permanent disability due to hich he is unable to use staircase and requires the ground floor premises for his on residence, he shall, on a petition being filed in this behalf in the -ent +ribunal, be entitled to reco!er immediate possession of such ground floor premises on his furnishing a certificate from duly constituted Aedical Board of a
Exp"ntion .$:or the purpose of this section ?the e5pression landlord shall mean the oner of the residential premises.
CHAPTER-IV RESTORATION OF POSSESSION OF ILLEGALLYEVICTED TENANT AND PROCEDURE THEREOF
11. Restortion of possession of i""eg""* )ispossesse) tennt .$ f any tenant is dispossessed by landlord from the rented premises ithout his consent otherise than by due process of la, he may ithin thirty days from the date of knoledge of such dispossession, file a petition before the -ent +ribunal for restoration of possession thereof. 12. roce)#re for recover* of possession. $(l) +he tenant or any person claiming reco!ery of possession under section ll of this "ct shall file a petition before the -ent +ribunal and such petition shall be accompanied by affida!its and documents if any, upon hich. +enant or person entitled to reco!er possession ants to rely.
(2).+he -ent +ribunal upon filing of petition under subsection# shall issue notice accompanied by copies of petition affida!its and documents fi5ing a date not later than tenty one days from the date of ser!ice of notice requiring the landlord to submit reply accompanied by affida!its and documents on hich the landlord relies. +he ser!ice of notice shall be effefted through process ser!er of the +ribunal or the Ci!il Court as ell as by registered post, acknoledgement due. Notice duly ser!ed by any of these modes shall be treated as sufficient ser!ice. (0) +he landlord may submit his reply, affida!its and documents after ser!ing copies of the same on the petitioner ithin a period not e5ceeding ten days from the date of ser!ice of notice. +he petitioner may file re6oinder, if any, after ser!ing copy of the same on the landlord ithin a period of se!en days from the date of ser!ice of reply. +he -ent +ribunal shall thereafter fi5 a date of hearing, @hich shall not be later than fifteen days from the date fi5ed for filing of re6oinder. +he
petition shall be disposed of ithin a period of ninety days from the date of ser!ice of notice on the landlord. (4) +he -ent +ribunal after holding such summary enquiry as it deems necessary to determine hether petitioner has been illegally dispossessed from the rented premises ithout his consent otherise than by due process of la, shall dispose of the petition by ordering immediate restoration of possession of such premises to the tenant. +he +ribunal may also aard adequate compensation to the tenant for the hardship and in con!enience caused to him looking to the facts and circumstances of the case hich shall be payable by landlord and the +ribunal shall issue a certificate for reco!ery of immediate possession.
CHATER+ / CONST!TT!ON O TR!NALS, ROCE3RE OR RE/!S!ON O RENT AN3 E/!CT!ON, AEALAN3 E4ECT!ON 15.Constit#tion of Rent Tri#n".+ (l)+he 3tate ette. (2) @here to or more -ent +ribunals are constituted for any area, the 3tate e the 8residing fficer of one -ent +ribunal to discharge the functions of the 8residing fficer of another -ent +ribunal also. 17.roce)#re for revision of rent.+
(l)+he landlord may seek re!ision of rent under section / or section by submitting a petition before the -ent +ribunal accompanied by affida!its and documents, if any. (2) n filing of such petition the -ent +ribunal shall issue notice accompanied by copies of petition, affida!its and documents to the opposite party fi5ing a date not later than thirty days from the date of issue of notice. +he opposite party may file reply, affida!its and documents after ser!ing part the copies of the same on the petitioner, ithin a period not e5ceeding thirty days from the date of ser!ice of notice. +he ser!ice of notice shall be effected through process ser!er of the +ribunal or Ci!il Court as ell as by registered post, acknoledgement due. Notice duly ser!ed by any of these methods shall be treated as sufficient ser!ice. (0) +he petitioner may thereafter file re6oinder, if any, after ser!ing the copy to the opposite party, ithin a period not e5ceeding fifteen days from the date of ser!ice of the reply. (4) -ent +ribunal shall thereafter fi5 a date of hearing, hich shall not be later than ninety days from the date of ser!ice of notice on the tenant. (') +he -ent +ribunal, during the course of such hearing, may hold such summary inquiry.. as it deems necessary and fi5 the rent as per formula laid don in section / or section and issue a reco!ery certificate indicating the date from hich such rent shall be payable. +he petition shall be disposed of ithin a period of one hundred and fifty days from the date of ser!ice of notice on the tenant.
18. roce)#re for eviction of tennt. $(1) +he landlord or any person claiming possession shall file a petition before the -ent +ribunal and such petition shall be accompanied by affida!its and documents, if any, upon hich landlord or person claiming possession ants to rely. (2) +he -ent +ribunal, upon filing of petition$ under sub$section (1), shall issue$ notice accompained by copies of petition, affida!its and documents, if any, fi5ing a date not later than thirty days from the date of issue of notice requiring the tenant to submit reply accompained by affida!its and documents, if any, on hich the tenant relies. +he ser!ice of notice shall be effected through process ser!er of the +ribunal or ci!il court as ell as by registered post, ackoledgement due.
Notice duly ser!ed by any of these methods shall be treated as sufficient ser!ice. (0) +he tenant may submit his reply, affida!its and documents after ser!ing the copies of the same to the petitioner, ithin a period not e5ceeding forty fi!e days from the date of ser!ice of notice. (4) +he petitioner may thereafter file re6oinder if any, after ser!ing copy to the opposite party, ithin a period of thirty days from the date of ser!ice of reply.(') +he -ent +ribunal shall thereafter fi5 a date of hearing hich shall not be later than one hundred and eighty days from the date of ser!ice of notice on the tenant. +he petition shall be disposed of ithin a period of to hundred and forty days from the date of ser!ice of notice on the tenant. (/) +he -ent +ribunal during the course of such hearing may hold such summary inquiry as it deems necessary and decide the petition. +he -ent +ribunal may also make efforts for conciliation or settlement of dispute beteen the parties. () @here the -ent +ribunal decides the petition in fa!our of the landlord, it shall issue a certificate for reco!ery of possession from the tenant. () +he certificate issued under sub$section () shall not be e5ecutable for a period of three months from the date of decision.
16. roce)#re for recover* of i((e)ite possession. $ (1) +he landlord or any person claiming immediate possession shall file petition before the -ent +ribunal and such petition shall be accompained $by affida!its and documents upon hich landlord or person entitled to seek immediate possession ants to rely. (2) +he -ent +ribunal, upon filing of petition under sub$section (1), shall issue notice accompained by copies of petition, affida!its and documents, fi5ing a date not later than thirty days$ from the date of ser!ice of notice requiring the tenant to submit reply accompained by affida!its and documents, if any, on hich the tenant relies. +he ser!ice of notice shall be effected through process ser!er of the +ribunal or ci!il court as ell as by registered post, acknoledgement due. Notice duly ser!ed by any of these methods shall be treated as sufficient ser!ice. (0) +he. tenant may submit his reply, affida!its and documents after ser!ing the copies of the same on the petitioner ithin a period not e5ceeding thirty days
from the date of ser!ice of notice. +he petitioner may file re6oinder, if any, after ser!ing copy of the same on the tenant ithin a period of fifteen days from the date of ser!ice of reply. (4) +he -ent +ribunal shall thereafter fi5 a date of hearing hich shall not be later than ninety days from the date of ser!ice of notice on the tenant. +he petition shall be disposed of ithin a period of one hundred and fifty days from the date of ser!ice of notice on the tenant.
1. Appe""te Rent Tri#n", Appe"s n) "i(ittion t-ereof.+ (1) +he 3tate ette. (2) @here to or more "ppellate -ent +ribunals are constituted for any area, the 3tate e the 8residing fficer of one "ppellate -ent +ribunal to discharge the functions of the 8residing fficer of the another "ppellate -ent +ribunal also. (/) :rom e!ery final order passed by the -ent +ribunal, an appeal shall lie to the "ppellate -ent +ribunal, ithin the local limits of hose 6urisdiction the premises is situated and such an appeal shall be filed ithin a period of thirty days from the date of final order along ith copy of such final order. () +he "ppellate -ent +ribunal, upon filing an appeal under sub$section (/), shall ser!e notice, accompanied by copy of appeal, on the respondent on the date fi5ed by the -ent +ribunal under section 1 for the appearance of the parties before it. f the respondent fails to appear on the date so fi5ed before the "ppellate -ent +ribunal, he may be proceeded against e*-parte. in case the final order under section 1 as passed in e5$parte proceedings against any party, the
"ppellate rent +ribunal shall issue notice, accompanied by copy of appeal, fi5ing a date not later than thirty days, requiring the respondent to appear before it on the date so fi5ed and ser!ice of such a notice shall be effected through process ser!er of the +ribunal or ci!il court as ell as by the registered post, acknoledgement due and notice duly ser!ed by any of these methods shall be treated as sufficient ser!ice. @here hoe!er, the "ppellate -ent +ribunal otherise consider it necessary so to do in the interest of 6ustice in the facts of the case, it may issue notice of appeal to the respondent in the manner indicated abo!e. () +he "ppellate -ent +ribunal shall, thereafter, fi5 a date of hearing hich shall not be later than forty fi!e days $from the date of ser!ice of notice of appeal on the respondent and the appeal shall be disposed of; ithin a period of one hundred and eighty days from the date of ser!ice of notice of appeal on the respondent. (&) @here the "ppellate -ent +ribunal considers it necessary in the interest of arri!ing at a 6ust and proper decision, it may allo filing of additional affida!it or documents at any stage of the proceedings in appeal. (1) +he "ppellate -ent +ribunal may in its discretion pass such interlocutory order, during the pendency of the appeal, as it may deem fit. (11) (a) @hile deciding the appeal, the "ppellate -ent +ribunal may after recording reasons therefore,$ (i) confirm, !ary, set aside, re!erse or modify the order passed, by a -ent +ribunal9 or (ii) if necessary in the interest of 6ustice, remand the case to the -ent +ribunal along ith such direction as it may deem fit. %b& 'he Appellate -ent +ribunal shall issue appropriate reco!ery certificate according to the decision rendered by it. (c) +he decision of the "ppellate -ent +ribunal shall be final and no further appeal or re!ision shall lie against its order.
(12) n the application of any of the parties and after notice to the parties and after hearing such of them as ha!e desired to be heard, or of its on motion ithout such notice, the "ppellate -ent +ribunal may at any stage transfer any case from one -ent +ribunal to any other -ent +ribunal for disposal. (10) @here any case has been transferred under sub$ section (12), the -ent +ribunal hich has thereafter to try or dispose of such case may, sub6ect to any special direction in the order of transfer, proceed from the stage at hich it as transferred.
Exp"ntion .$+he e5pression final order referred to in sub$section (/) shall mean anorder by hich any proceeding pending before the -ent +ribunal is finally disposed of.
20.Exec#tion of t-e or)ers.+ (l)+he -ent +ribunal shall, on application of any party, e5ecute in the manner prescribed, a final order or any other order passed under this "ct by adopting any one or more of the folloing modes, namely#$ (a)attachment and sale of the mo!able or immo!able property of the opposite party9 (b)arrest and detention of the opposite party9 (c)attachment of any one or more bank accounts of the opposite party and satisfaction of the amount of order to be paid from such account9 (d)attachment of salary and alloance of a
(0) f the tenant does not !acate the premises ithin three months of the date of issue of certificate for reco!ery of the possession, he shall be liable, from the date of issue of certificate, for reco!ery of possession to pay mesne profits at the rate of 2 times the rent incase of premises let out for residential purposes, at the rate of 0 times the rent, in case of premises let out for commercial purposes and at the rate of 0 times the rent in case certificate for reco!ery of immediate possession has been issued under section 1/. (4) +he -ent +ribunal shall conduct the e5ecution proceedings, in relation to a final order or any other order passed under this "ct in summary manner and dispose of the application for e5ecution made under this section ithin forty fi!e days from the date of ser!ice of notice on opposite party.
Exp"ntion #$ :iling of an appeal or other proceeding against the order of issue of certificate for reco!ery of possession or immediate possession ill not sa!e the tenant from his liability to pay mesne profits, at the rates specified under sub$section (0), unless specifically ordered otherise by the "ppellate -ent +ribunal or the Court before hich such an order is under challenge and if the order of issue of reco!ery certificate is finally maintained, the tenant shall be liable to pay mesne profits at the rates specified under sub$section (0) from the date on hich the reco!ery certificate as initially issued.
21. roce)#re n) po&ers of t-e Rent Tri#n" n) t-e Appe""te Rent Tri#n". $(l)n e!ery case before the -ent +ribunal and the "ppellate -ent +ribunal the e!idence of aitness shall be gi!en by affida!it. 7oe!er, the -ent +ribunal or the "ppellate -ent +ribunal, here it appears to it that it is necessary in the interest of 6ustice to call a itness for e5amination or cross$e5amination and such itness can be produced, may order attendance for e5amination or cross$e5amination of such a itness. (2) +he documents filed before the -ent +ribunal by the petitioner shall be distinctly marked by him as 5$1, 5$2 and so on in the red ink and the
documents filed by the respondent shall be similarly distinctly marked by him as 5$" 1, 5$" 2 and so on in redink and in the affida!its the documents shall be referred by these e5hibit marks and signatures or other parts of the documents referred to in the affida!its shall be distinctly marked by the party filing the document as " to B or C to D and so on in red ink.(0) +he -ent +ribunal and the "ppellate -ent +ribunal shall not be bound by the procedure laid don by the Code of Ci!il 8rocedure, 1& (Central "ct No. ' of 1&), but shall be guided by the principal of natural 6ustice and sub6ect to other pro!isions of this "ct or the -ules made there under and shall ha!e poers to regulate their on procedure, and for the purpose of discharging their$$functions under this "ct they shall ha!e, the same poers as are !ested in a ci!il court under the Code of Ci!il 8rocedure, 1& (Central "ct No. ' of.1&) hile trying a suit or an appeal in respect of folloing matters, namely#$ (a) summoning and enforcing the attendance of any person and e5amining him on oath9 (b) requiring the disco!ery and production of documents9 (c) re!ieing its decision9 (d) issuing commissions for the e5amination of itnesses or documents9 (e) dismissing petition for default or deciding it e*-parte8 (f) setting aside any order of dismissal of any petition for default or any order passed by it e5$parte 9 (g) bringing legal representati!es on record9 and (h) any other , matter as may be prescribed. (4) -ent +ribunal shall not grant any ad6ournment ithout ritten application and recording the reasons therefor in riting. (') "ny proceeding before the -ent +ribunal or "ppellate -ent +ribunal shall deemed be to be a 6udicial ,proceeding ithin the meaning of sections 1&0 and 22 and for the purpose of section 1&/ of the ndian 8enal Code, 1/ (Central "ct No. 4' of 1/) and the -ent +ribunal or the "ppellate -ent +ribunal shall be deemed to be a ci!il court for the purposes of section 1&' and Chapter EEF of the Code of Criminal 8rocedure, 1&0(Central "ct No. 2 of 1&4).
22. 9o)e" or(s. $!ery petition or appeal so far as possible shall be in the model form specified in 3chedule " and 3chedule B, and e!ery reco!ery certificate shall be in the model form specified in 3chedule C, of this "ct.
CHATER+/! A9EN!T!ES 25. Ln)"or) not to )iscontin#e or &it--o") (enities en:o*e) * t-e tennt. $(l) No landlord either himself or acting through any person or any person purporting to act on his behalf, shall discontinue or ithhold the amenities en6oyed by the tenant in respect of the premises let out to him. +he landlord may, hoe!er, discontinue or ithhold any amenity ith the permission of the -ent +ribunal and the -ent +ribunal shall grant such permission if it is satisfied that the tenant has not paid the charges in respect of the amenity, hich he as liable to pay. (2) n the petition of the landlord for permission to discontinue or ithhold the amenities or on the petition of the tenant for restoration of the amenities, the -ent +ribunal shall issue notices to the other party and after hearing the parties 9it shall pass such orders as itmay deem fit. (0) During the pendency of the inquiry under this section, the -ent +ribunal may pass such interim orders as it may deem fit.(4) +he -ent +ribunal shall conduct the proceedings under this section in a summary manner and dispose of any application made under this section by the landlord or tenant ithin si5ty days from the date of presentation of petition.
27. 3#ties of tennt n) "n)"or). $(l) n the absence of any ritten agreement, essential repairs in a year in!ol!ing e5penditure upto '* of the annual rent shall be carried out by the tenant at his on cost and essential repairs in!ol!ing e5penditure in e5cess of '* of the annual rent shall be carried out by the landlord on recei!ing notice from the tenant #8ro!ided that here the landlord neglects to undertake essential repairs
ithin a period of fifteen days from the date of receipt of notice, the tenant shall be at liberty to mo!e the -ent +ribunal for permission to undertake tlte repairs, along ith estimate of such repairs, and here permission is granted by the -ent +ribunal, it shall also pass orders ith regard to the reco!ery of such cost from the landlord by setting off the amount against the rent payable by the tenant.(2) +he pro!isions of sub$si actions (2), (0) and (4) of section 20 shall apply =utatis mutandis to the proceeding before -ent +ribunal under this section.
CHATER+/!! 9!SCELLANEOS 28. !nspection of pre(ises.+ +he landlord shall ha!e a right to inspect the premises let out by him at day time after gi!ing prior intimation of at least se!en days to the tenant. 7oe!er, such inspection shall not be carried out by the landlord more than once in three months.
26. 9e(ers n) stff of t-e Tri#n"s to e p#"ic servnts n) t-eir contro" . .$(l)+he 8residing fficers and the employees of -ent +ribunals and "ppellate -ent +ribunals shall be deemed to be public ser!ants ithin the meaning of section 21 of the ndian 8enal Code, 1/ (Central "ct No. 4' of 1/). (2) +he 8residing fficers of -ent +ribunals and "ppellate -ent +ribunals shall function under the administrati!e and disciplinary control of the 7igh Court. (0) +he 8residing fficer of the "ppellate -ent +ribunal shall e5ercise general poer of superintendence and control o!er the -ent +ribunals under his 6urisdiction including the poer of appraising the ork and recording the annual confidential reports of the 8residing fficers of the -ent +ribunals. (4) +he Ainisterial employees of -ent +ribunals and "ppellate -ent +ribunals shall be go!erned by the -a6asthan 3ubordinate Courts Ainisterial stablishment -ules, 1&/ and for the purpose of these rules the "ppellate -ent +ribunals shall be deemed to be the Courts of District and 3essions 6udges and -ent +ribunals shall be deemed to be the Courts of Ci!il %udges (3enior Di!ision).
(') +he Class F employees of -ent +ribunals and "ppellate -ent +ribunals shall be go!erned by the -a6asthan Class F 3er!ices (-ecruitment and ther 3er!ice Conditions)-ules, 1&&&.
2%. Li(ittion. $3ub6ect to the pro!ision of this "ct, the pro!isions of Gimitation "ct,1&/0 (Central "ct No. 0/ of 1&/0) shall, as far as may be, apply to petitions, applications, appeals or other proceedings filed or proceeded ith before a -ent +ribunal or an "ppellate -ent +ribunal.
2'. Co#rt fees. $(l) 5cept as pro!ided in sub$sections (2), (0) and (4), the Court fee payable on petitions, applications and appeals filed before the +ribunal ould be the same as ould be payable if suits, applications or appeals ere filed for the similar relief before ci!il courts. (2) n a 6oint petition for limited period tenancy under section and on appeal against any order on such a petition court fee under the -a6asthan Courts :ees and 3uits Faluation "ct, 1&/1 ("ct No. 21 of 1&/1) shall be payable on the amount of rent payable for the year ne5t before the date of presentation of the petition, irrespecti!e of the period for hich the limited period tenancy is sought to be entered. (0) n a petition regarding amenities under section 20 or a petition regarding repairs under section 24 and on an appeal against any order on such a petition, fi5ed court fee of -s.1$ shall be payable. (4) n petition for re!ision of rent under section / or under section and on appeal against any order on such a petition, a fi5ed court fee of -s. 2'$ shall be payable.
2. Act to -ve overri)ing effect. $+he pro!isions of this "ct shall ha!e effect not ithstanding anything inconsistent thereith contained in any other Ga for the time being in force or in any instrument ha!ing effect by !irtue of any Ga other than this "ct.
50. o&er to re(ove )iffic#"ties.
$(l) f any difficulty arises in gi!ing effect to the pro!isions of this "ct, the 3tate go!ernment may, by order published in the fficial ette make such pro!isions, not inconsistent ith the pro!isions of this "ct, as appear to it to be necessary or e5pedient for remo!ing the difficulty# 8ro!ided that no such order shall be made after the e5piry of the period of three years from the date of commencement of this "ct.(2) !ery order made under this section shall, as soon as may be after it is made, be laid before the 3tate Gegislature hile it is in session.
51. o&er to (;e r#"es. $ (1) +he 3tate
52. Repe" n) svings. $ (1) +he -a6asthan 8remises (Control of -ent and !iction) "ct,1&' ("ct No. 1 of 1&') shall stand repealed ith effect from the date notified under sub$ section (0) of section1 of this "ct.(2) +he repeal under sub$section (1) shall not affect,$(a) anything duly done or suffered under the enactment so repealed9 or (b) $any right, title, pri!ilege, obligation or liability acquired or incurred under the enactment so repealed9 or (c) any fine, penalty or punishment incurred or suffered under the pro!isions of the enactment so repealed.(0) Notithstanding the repeal under sub$section (a) all applications, suits or other proceedings under the repealed "ct pending on the date of commencement of this "ct before any court shall be continued and disposed of, in accordance ith the pro!isions of the repealed "ct, as if the
repealed "ct had continued in force and this "ct had not been enacted. 7oe!er, the plaintiff ithin a period of one hundred and eighty days of coming into force of this "ct shall be entitled to ithdra any suit or appeal or any other proceeding pending under the repealed "ct ith liberty to file fresh petition in respect of the sub6ect matter of such suit or appeal or any other proceeding under and in accordance ith the pro!isions of this "ct and for the purpose limitation such petition shall, if it is filed ithin a period of to hundred and se!enty days from the commencement of this "ct, be deemed to ha!e been filed on the date of filing of the suit hich as so ithdran and in case of ithdraal of appeal or other proceeding, on the date on hich the suit, out of hich such appeal or proceeding originated, as filed9 (b) the pro!ision for appeal under the repealed "ct shall continue in force in respect of applications, suits and proceedings disposed of there under9 (c) all suits and proceedings instituted under the pro!isions of the repealed "ct shall be effecti!e and disposed of in accordance ith such repealed la9 (d) any rule or notification made or issued under the repealed "ct and in force on the date of commencement of this "ct shall continue to go!ern the pending cases.
