Rajasthan Rent Control (Amendment) Act, 2017
[Rajasthan Act 33 of 2017][27th September, 2017]

CONTENTS

1. Short title and commencement

2. Amendment of Section 2, Rajasthan Act No. 1 of 2003

3. Amendment of Section 3, Rajasthan Act No. 1 of 2003

4. Amendment of Section 9, Rajasthan Act No. 1 of 2003

5. Insertion of Section 19-A, Rajasthan Act No. 1 of 2003

6. Insertion of new Section 21-A, Rajasthan Act No. 1 of 2003

7. Insertion of new Chapters V-A and V-B, Rajasthan Act No. 1 of 2003

Chapter V-B

REVISION OF RENT IN CERTAIN CIRCUMSTANCES, SECURITY DEPOSIT, DEPOSITING OF RENT IN CERTAIN CIRCUMSTANCES, ETC.

8. Amendment of Section 23, Rajasthan Act No. 1 of 2003

9. Amendment of Section 24, Rajasthan Act No. 1 of 2003

10. Insertion of Section 24-A, Rajasthan Act No. 1 of 2003

11. Insertion of Section 26-A, Rajasthan Act No. 1 of 2003

12. Amendment of Section 28, Rajasthan Act No. 1 of 2003

13. Addition of new schedule, Rajasthan Act No. 1 of 2003

An Act further to amend the Rajasthan Rent Control Act, 2001.

Be it enacted by the Rajasthan State Legislature in the Sixty-eighth Year of the Republic of India, as follows:—

1. Short title and commencement.—(1) This Act may be called the Rajasthan Rent Control (Amendment) Act, 2017.

(2) It shall come into force at once.

2. Amendment of ## Section 2, Rajasthan Act No. 1 of 2003.—In Section 2 of the Rajasthan Rent Control Act, 2001 (Act 1 of 2003), hereinafter in this Act referred to as the principal Act,—

(i) in clause (e), for the expression “1959 (Act 38 of 1959)”, appearing in the end, the expression “2009 (Act 18 of 2009)” shall be substituted; and

(ii) after the existing clause (f) and before the existing clause (g), the following new clause shall be inserted, namely:—

“(fa)” Rent Authority “means the officer appointed under Section 22-A;”.

3. Amendment of ## Section 3, Rajasthan Act No. 1 of 2003.—In Section 3 of the principal Act, the existing clauses (i), (ii) and (iii) shall be deleted.

4. Amendment of ## Section 9, Rajasthan Act No. 1 of 2003.—In explanation to clause (a) of Section 9 of the principal Act, after the existing expression “addressing the same” and before the existing expression “; or” occurring at the end, the expression “or having been deposited with the Rent Authority” shall be inserted.

5. Insertion of ## Section 19-A, Rajasthan Act No. 1 of 2003.—After the existing Section 19 and before the existing Section 20 of the principal Act the following new section shall be inserted, namely:—

“19-A.—Power of Tribunal to order payment of rent and arrears thereof during pendency of petition or appeal.—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.”.

6. Insertion of new ## Section 21-A, Rajasthan Act No. 1 of 2003.—After the existing Section 21 and before the existing Section 22 of the principal Act, the following new section shall be inserted, namely:—

“21-A. Procedure and power of the Rent Authority.—The provisions contained in Section 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.”.

7. Insertion of new Chapters V-A and V-B, Rajasthan Act No. 1 of 2003.—In the principal Act, after the existing Chapter-V and before existing Chapter-VI, the following new Chapters shall be inserted, namely:—

“Chapter V-A

APPOINTMENT OF RENT AUTHORITY, TENANCY AGREEMENTS AND PERIOD OF TENANCY.

22-A. Appointment of Rent Authority.—(1) 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 Section 22-B, 22-D, 22-E, 22-G, 23 and 24 of this Act.

(2) An appeal against the order of the Rent Authority shall lie to the Rent Tribunal within sixty days from the date of order.

(3) Save as expressly provided under this Act, 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.

22-B. Tenancy agreements.—(1) Notwithstanding anything contained in this Act or any other law for the time being in force, no person shall, after the commencement of the Rajasthan Rent Control (Amendment) Act, 2017 (Act 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.

(2) Where, in relation to a tenancy created before the commencement of Rajasthan Rent Control (Amendment) Act, 2017 (Act 33 of 2017),—

(a) 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;

(b) no agreement in writing was entered into, 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:

Provided that where the landlord and the tenant fail to present jointly a copy of tenancy agreement under clause (a) or (b) or fail to reach an agreement under clause (b), such landlord and the tenant shall separately file the particulars about such tenancy.

(3) Every agreement referred to in sub-section (1) shall be executed before the commencement of tenancy and the agreement required to be executed under clause (b) of sub-section (2) shall be executed within a period of one year from the date of commencement of Rajasthan Rent Control (Amendment) Act, 2017 (Act 33 of 2017).

(4) 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.

(5) The information provided as per sub-sections (1) and (2) 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.

(6) The Rent Authority shall upload the details of all tenancies along with the registration number provided under sub-section (4), in the form and manner prescribed, on its website within fifteen days of the allotment of the registration number.

22-C. Period of tenancy.—(1) All tenancies entered into after the commencement of Rajasthan Rent Control (Amendment) Act, 2017 (Act 33 of 2017) shall be for a period as agreed between the landlord and the tenant and as specified in the tenancy agreement.

(2) 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.

(3) 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.

Chapter V-B

REVISION OF RENT IN CERTAIN CIRCUMSTANCES, SECURITY DEPOSIT, DEPOSITING OF RENT IN CERTAIN CIRCUMSTANCES, ETC.

22-D. Revision of Rent in certain circumstances.—(1) 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.

(2) Where after the rent cf 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.

(3) The landlord may either restore the premises and the housing services as at the commencement of tenancy or agree for a reduction in rent.

(4) 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, lie may pass appropriate orders on the basis of material brought on record and by hearing both the parties.

22-E. Rent Authority to fix revised rent in the circumstances specified in Section 22-D.—The Rent authority on an application presented by the landlord or tenant in the circumstances specified in Section 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.

22-F. Security deposit.—(1) 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.

(2) 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.

(3) Wherever the security deposit is not refunded to the tenant within the period specified in sub-section (2), the tenant may file an application before the Rent Authority for directing the landlord to refund the security deposit.

22-G. Depositing of rent with the Rent Authority in certain circumstances.—(1) Where the landlord does not accept any rent tendered by the tenant in the manner specified in Section 5, or refuses to give a receipt the tenant may deposit the same periodically, in time, with the Rent Authority.

(2) Wherever in any case there is bonafide doubt about the person or persons to whom the rent is payable, the tenant may deposit such rent with the Rent Authority.

(3) On deposit of the rent the Rent Authority shall investigate the case and pass an order based on facts of the case.

(4) The amount of rent deposited under this section 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.

(5) The receipt by the landlord, of rent deposited under sub-section (1) and sub-section (2), 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.”.

8. Amendment of ## Section 23, Rajasthan Act No. 1 of 2003.—In Section 23 of the principal Act,—

(i) in sub-section (1), for the existing expression “Rent Tribunal and the Rent Tribunal”, the expression “Rent Authority and the Rent Authority” shall be substituted;

(ii) in sub-section (2), for the existing expression “Rent Tribunal”, the expression “Rent Authority” shall be substituted;

(iii) in sub-section (3), for the existing expression “Rent Tribunal”, the expression “Rent Authority” shall be substituted; and

(iv) in sub-section (4), for the existing expression “Rent Tribunal”, the expression “Rent Authority” shall be substituted.

9. Amendment of ## Section 24, Rajasthan Act No. 1 of 2003.—In Section 24 of the principal Act, for the existing expression “Rent Tribunal”, wherever occurring, the expression “Rent Authority” shall be substituted.

10. Insertion of Section 24-A, Rajasthan Act No. 1 of 2003.—After the existing Section 24 of the principal Act, the following new section shall be inserted, namely.—

“24-A. Disposal of pending proceedings under Sections 23 or 24.—All the proceedings under Section 23 or 24 pending before the Rent Tribunal on the date of commencement of the Rajasthan Rent Control (Amendment) Act, 2017 (Act 33 of 2017) shall be continued and the Rent Tribunal may pass appropriate orders thereon as if Section 23 or 24 was not amended by the said Act.”.

11. Insertion of ## Section 26-A, Rajasthan Act No. 1 of 2003.—After the existing Section 26 and before the existing Section 27 of the principal Act, the following new section shall be inserted, namely:—

“26-A. Rent Authority to be public servant and protection of actions.—(1) The presiding officer of the Rent Authority appointed under this Act shall be deemed to be public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).

(2) No suit or other legal proceeding shall lie against the Rent Authority in respect of anything which is in good faith done or intended to be done in pursuance of this Act.”.

12. Amendment of ## Section 28, Rajasthan Act No. 1 of 2003.—In Section 28 of the principal Act, for the existing sub-section (3), the following shall be substituted, namely:—

“(3) On an application under Section 22-E or a petition under Section 23 or under Section 24 and on an appeal against any order on such application or petition, a fixed court fee of Rs. 100/- shall be payable”.

13. Addition of new schedule, Rajasthan Act No. 1 of 2003.—After the existing Schedule-C of the principal Act, the following new schedule shall be added, namely:—

“SCHEDULE-D

(Section 22-B)

(FORM FOR INFORMATION OF TENANCY)

To,

The Rent Authority,

--------------------------------—

---------------------------------(Address)