Rajasthan Rent Control Act, 2001

CHAPTER-I

PRELIMINARY

1. Short title extent and commencement.- (1) This Act may be called the Rajasthan Rent Control Act, 2001.

(2) It shall extend in first instance to such of the municipal areas which are comprising the District Headquarters in the State and later on to such of the other municipal areas 1[---] as the State government may, by notification in the Official Gazette, specify From to time.

(3) It shall come into force with effect from such date as the state government may by notification in the Official Gazette, appoint.

2[The state Govt. hereby appoints 1st April, 2003 as the date on which the said Act shall come into force and it shall extent to all the Municipal areas which are comprising the District Headquarters of the State of Rajasthan.]

Footnotes:

2. Definitions. - In this Act, unless subject or context otherwise requires,

(a) "amenities" includes supply of water and electricity, passages, staircase, natural light lavatories, lifts, conservancy, sanitary services, telephone services, T.V. cable services or the like;

(b) "Appellate Rent Tribunal" means Appellate Rent Tribunal Constituted under section 19.

(c) "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, or who would so receive or be entitled to receive the rent, if the premises were let to a tenant;

(d) "lease" means a lease as defined under the Transfer of Property Act, 1882 (Central Act No. 4 of 1882);

(e) "Municipal Area" means the municipal area as defined under the Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959);

(f) "premises" means --

(a) any land not being used for agricultural purposes; and

(b) any building or part of a building (other than a farm building) let or intended to be let for

use as a residence or for commercial use or for any other purpose, including,-

(i) the gardens, grounds, godowns, garages and out-houses, if any, appurtenant to such

building or part,

(ii) any furniture supplied by the landlord for use in such building or part,

(iii) any fittings affixed to, and amenities provided in, such building or part for the more

beneficial thereof, and

(iv) any land appurtenant to and let with any such building or part, but does not include a

room or other accommodation in a hotel, dharamshala, inn, sarai, lodging house,

boarding house or hostel;

Explanation: - In absence of a contract to the contrary, the top of the roof shall not form part of the premises let out to a tenant;

(g) "Rent Tribunal" means a rent Tribunal constituted under section 13;

(h) "senior citizen" means a citizen pf India who has attained the age of sixty five years or

more;

(i) "tenant" means-

(i) the person by whom or on whose account or behalf rent us, or but for a contract express or implied, would be payable for any premises to his landlord including the person who is continuing in its possession after the termination of his tenancy otherwise than by an order or decree for eviction passed under the provisions of this Act; and

(ii) in the event of death of the person referred to in sub-clause (i),-

(a) in case of premises let out for residential purposes, his surviving spouse, son, daughter, mother and father who had been ordinarily residing with him in such premises as member of his family upto his death;

(b) in case of premises let out for commercial or business purposes, his surviving spouse, son, daughter, mother and father who had been ordinarily carrying on business with him in such premises as member of his family upto his death; and

(j) "Tribunal" means as Appellate Rent Tribunal or a Rent Tribunal, as the case may be.

3. Chapter II and III not to apply to certain premises and tenancies.-

Nothing Contained in Chapter II and III of this Act shall apply,-

(i) to the new premises built or completed after the commencement of this Act and let out through a registered deed in which date of completion of such premises is mentioned;

(ii) to the premises existing 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 tenancy is not terminable before expiry of its duration at the option of the landlord;

(iii) to any premises let out for residential purposes before or after the commencement of this Act, the monthly rent whereof is-

(a) rupees seven thousand or more, in the case of the premises situated in the municipal area of Jaipur city;

(b) rupees four thousand or more, in the case of premises let out at places situated in the municipal areas comprising the Divisional Headquarters, Jodhpur, Ajmer, Kota, Udaipur and Bikaner;

(c) rupees two thousand or more, in the case of premises let out at places situated in the other municipal areas to which this Act extends for the time being;

(iv) to any premises belonging to or let out by the Central Government or the State Government or a Local authority;

(v) to any premises belonging to or let out by any body corporate constituted by a central Act or a Rajasthan Act;

(vi) to any premises belonging to a Government Company as defined under section 617 of the Companies Act, 1956 (Central Act No. 43 of 1995);

(vii) 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 Wakf Act, 1995 (Central Act No. 43 of 1995);

(viii) 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;

(ix) to any premises belonging to or vested in a University established by any law for the time being in force;

(x) to any premises let to banks, or any Public Sector Undertakings or any Corporation established by or under any Central or State Act, or multinational companies, and private limited companies or public limited companies having a paid up share capital of rupees one crore or more;

Explanation.- For the purpose of this clause the expression "bank" means,-

(i) the State Bank of India constituted under the State Bank of India Act, 1955 (Central Act No. 23 of 1955);

(ii) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (Central Act No. 38 of 1959);

(iii) a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act No. 5 of 1970) or under section 3 of the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1980 (Central Act No. 40 of 1980);

(iv) any other bank, being a scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (Central Act No. 2 of 1934); and

(xi) to any premises let out to a citizen of a foreign country or to an Embassy, High Commission, Legation or other Body of a foreign State, or such international organization as may be specified by the State Government by notification in the Official Gazette.

4. Rent to be as agreed.- The Rent payable for any premises shall, subject ot other provisions of this Act, be such as may be agreed upon between the landlord and the tenant and it shall not include the charges payable for amenities which may be agreed upon separately; and shall be payable accordingly.

5. Payment and remittance of rent by tenant.- (1) Unless agreed otherwise every tenant shall pay the rent by the fifteenth day of the month next following the month for which the rent is payable.

(2) Every tenant who makes a payment on account of rent shall be entitled to obtain a receipt of the amount paid duly signed by the landlord or his duly authorised agent.

(3) A tenant may make payment to the landlord or his duly authorised agent by any of the following methods:-

(a) by personal payment, by cash, by Cheque or Bank Draft, or

(b) by payment in the bank account as may be specified by the landlord,

(c) by remitting through postal money order.

(4) The landlord shall disclose to the tenant his bank account number and name of the bank in the same municipal area, in the rent agreement or by a notice sent to him by registered post, acknowledgement due.

Notes:

(1) The Act in first instance shall extend to such of the Municipal Area's which are comprise The District Quartes, in the State.

(2) After that it shall extend to such of the other Municipal Area''s having the population exceeding fifty thousand as per 1991 census.

Chapter -- II

Revision of Rent

6. Revision of rent in respect of existing tenancies.- (1) Notwithstanding anything contained in any agreement, where the premises have been let out before the commencement of this Act, the rent thereof shall be liable to be revised according to the formula indicated below:-

(a) where the premises have been let out prior to 1st January, 1950, it shall be deemed to have been let out on 1st January, 1950 and the rent payable at that time shall be liable to be increased at the rate of 1[5] % per annum and the amount of increase of rent so arrived at shall again be liable to be increased at the rate so arrived at shall again be liable to be increased at the rate 1[5] % per annum in similar manner up to the year of commencement of this Act;

(b) where the premises have been let out on or after 1st January, 1950, the rent payable at the time of commencement of the tenancy shall be liable to be increased at the rate of 1[5] % per annum and the amount of increases 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 1[5] % per annum in similar manner upto the year of commencement of this Act.

2[Illustration: Deleted]

(2) Notwithstanding anything contained in sub-section (1), where the period of ten years for merger of increases of rent under sub-section (1) is not completed up to the year of commencement of this Act, the...

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