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		<title>Extension of the Punjab Abadi Deh Record of Rights Act, 2021</title>
		<link>https://www.taxheal.com/extension-of-the-punjab-abadi-deh-record-of-rights-act-2021.html</link>
		
		<dc:creator><![CDATA[CA Satbir Singh]]></dc:creator>
		<pubDate>Sat, 09 May 2026 04:35:40 +0000</pubDate>
				<category><![CDATA[News]]></category>
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		<category><![CDATA[DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS]]></category>
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		<category><![CDATA[THE PUNJAB ABAD DEH (RECORD OF RIGHTS) ACT]]></category>
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					<description><![CDATA[<p>Extension of the Punjab Abadi Deh Record of Rights Act, 2021 The Gazette of India EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 2172] NEW DELHI, WEDNESDAY, MAY 6, 2026/VAISAKHA 16, 1948 MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 6th May, 2026 S.O. 2263(E).— In exercise of the powers conferred by section 87… <span class="read-more"><a href="https://www.taxheal.com/extension-of-the-punjab-abadi-deh-record-of-rights-act-2021.html">Read More &#187;</a></span></p>
]]></description>
										<content:encoded><![CDATA[<h3 style="text-align: center;">Extension of the Punjab Abadi Deh Record of Rights Act, 2021</h3>
<h2 style="text-align: center;">The Gazette of India</h2>
<p style="text-align: center;"><strong>EXTRAORDINARY</strong><br />
<strong>PART II—Section 3—Sub-section (ii)</strong><br />
<strong>PUBLISHED BY AUTHORITY</strong><br />
<strong>No. 2172] NEW DELHI, WEDNESDAY, MAY 6, 2026/VAISAKHA 16, 1948</strong></p>
<p style="text-align: center;">MINISTRY OF HOME AFFAIRS<br />
NOTIFICATION<br />
New Delhi, the 6th May, 2026</p>
<p style="text-align: center;">S.O. 2263(E).— In exercise of the powers conferred by section 87 of the Punjab Reorganisation Act, 1966 (31 of<br />
1966), the Central Government hereby extends the Punjab Abadi Deh (Record of Rights) Act, 2021 (Punjab Act No. 8 of2021), as in force in the State of Punjab, to the Union territory of Chandigarh from the date of this notification published in<br />
the Official Gazette, subject to the following modifications, namely: &#8211;</p>
<p style="text-align: center;">
(1) This Act may be called the Punjab Abadi Deh (Record of Rights) Act, 2021 (Extension to Chandigarh) Act, 2026.<br />
(2) In the Punjab Abadi Deh (Record of Rights) Act, 2021 so extended to the Union Territory of Chandigarh<br />
(hereinafter referred to as the said Act), save as otherwise expressly provided hereunder: &#8211;</p>
<p style="text-align: center;">
(i) for the words &#8220;State&#8221;, &#8220;Punjab&#8221;, &#8220;State of Punjab&#8221;, &#8220;whole of the State of Punjab” wherever they<br />
occur, the words &#8220;Union Territory of Chandigarh&#8221; shall be substituted;<br />
(ii) for the words “State Government”, &#8220;Government&#8221;, &#8220;Government of Punjab&#8221; wherever they<br />
occur, the words &#8220;Administrator&#8221; shall be substituted;<br />
(iii) for the words &#8220;Punjab Municipal Corporation Act, 1976 (Punjab Act No. 42 of 1976) or the<br />
Punjab Municipal Act, 1911 (Punjab Act No. 3 of 1911)&#8221;, wherever they occur, the words<br />
&#8220;Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994 (Act No. 45 of 1994)&#8221;<br />
shall be substituted;<br />
(iv) for the words &#8220;village Committee&#8221; wherever they occur, the words &#8220;Local Committee” shall be<br />
substituted;</p>
<p style="text-align: center;">
(3) In the said Act,౼<br />
(i) in section 1, after sub-section (3), proviso shall be omitted;<br />
(ii) in section 2,౼<br />
(a) after clause (a), the following clause shall be inserted, namely:౼<br />
&#8220;(aa) &#8220;Administrator&#8221; means the Administrator of the Union Territory of Chandigarh appointed<br />
by the President under article 239 of the Constitution&#8221;;<br />
(b) in clause (b), for the words and figures &#8220;January, 2021&#8221;, the words and figures &#8220;April, 2025&#8221; shall<br />
be substituted;<br />
(c) in clause (f), the words “or State” shall be omitted;<br />
(d) in clause (h), for the words “Government of Punjab in the Department of Revenue, Rehabilitation<br />
and Disaster Management”, the words &#8220;Administrator&#8221; shall be substituted;<br />
(e) in clause (k), after the bracket, words and figures “(Punjab Act No. 9 of 1994)”, the words “as<br />
extended to Union Territory of Chandigarh” shall be inserted;<br />
(f) in clause (m), the words “or State” shall be omitted;<br />
(g) in clause (o), after the bracket, words and figures “(Punjab Act No. XVII of 1887)”, the words<br />
“as extended to Union Territory of Chandigarh by the Punjab Reorganisation (Chandigarh)<br />
(Adaptation of Laws on State and Concurrent Subjects) Order 1968” be inserted</p>
<p style="text-align: center;">(iii) in section 3, in sub-section (2), in clause(iv), for the words and figures “123 and 124 of the Indian<br />
Evidence Act, 1872&#8243;, the words and figures &#8220;129 and 130 of the Bharatiya Sakshya Adhiniyam,<br />
2023&#8221; shall be substituted;<br />
(iv) in section 5, for the words &#8220;in a district, sub-division of a district, municipal area or a village&#8221;,<br />
the words &#8220;municipal limits of Chandigarh&#8221; shall be substituted;<br />
(v) in section 9, in sub-section (2), in clause (ii), the words &#8220;the panchayat and&#8221; shall be omitted;<br />
(vi) in section 10, the words &#8220;Panchayat through the Sarpanch of the village or&#8221; and &#8220;as the case may<br />
be&#8221; shall be omitted;<br />
(vii) in section 12, in sub-section (3), after the words “under sub-section (2)”, the words “or under<br />
section 28” shall be inserted;<br />
(viii) section 18 shall be omitted;<br />
(ix) section 19 shall be omitted;<br />
(x) in section 20, in sub-section (5), the word &#8220;Punjabi&#8221; wherever occurs, shall be omitted;<br />
(xi) in section 25, in sub-section (2), for the words &#8220;State Legislature&#8221;, the words &#8220;each House of<br />
Parliament&#8221; shall be substituted;<br />
(xii) in section 28,౼<br />
(a) in sub-section (1), for the word &#8220;fine&#8221;, the word “penalty” shall be substituted;<br />
(b) in sub-section (2), for the word &#8220;fine&#8221;, the word “penalty” shall be substituted;<br />
(c) in sub-section (3),౼<br />
(i) for the word &#8220;fine&#8221;, the word “penalty” shall be substituted;<br />
(ii) for the words and figures &#8220;434 of Indian Penal Code, 1860&#8243; (Central Act No. 45 of 1860)&#8221;,<br />
the words and figures &#8220;326(e) of Bharatiya Nyaya Sanhita, 2023&#8221; shall be substituted;<br />
(xiii) in section 29, in sub-section (2), in clause (f), for the word &#8220;fine&#8221;, the word “penalty” shall be<br />
substituted.</p>
<p style="text-align: right;">
[F. No. U-11015/4/2025-UTL]<br />
PRAVEEN KUMAR RAI, Jt. Secy.</p>
<p style="text-align: center;"><strong>PART I</strong><br />
<strong>GOVERNMENT OF PUNJAB</strong><br />
<strong>DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB</strong><br />
<strong>NOTIFICATION</strong><br />
<strong>The 1st April, 2021</strong><br />
<strong>No. 8-Leg./2021.- The following Act of the Legislature of the</strong><br />
<strong>State of Punjab received the assent of the Governor of Punjab on</strong><br />
<strong>the 26th day of March, 2021, is hereby published for general</strong><br />
<strong>information:-</strong><br />
<strong>THE PUNJAB ABAD DEH (RECORD OF RIGHTS) ACT, 2021</strong><br />
<strong>(Punjab Act No. 8 of 2021)</strong><br />
<strong>AN</strong><br />
<strong>ACT</strong></p>
<h3>Download PDF <a href="https://www.taxheal.com/wp-content/uploads/2026/05/272299.pdf" target="_blank" rel="noopener">click here</a></h3>
<p><img fetchpriority="high" decoding="async" class="aligncenter" src="https://upload.wikimedia.org/wikipedia/commons/7/75/Logo_of_the_Gazette_of_India.svg" alt="Extension of the Punjab Abadi Deh Record of Rights Act, 2021" width="678" height="261" /></p>
<h4>Read more</h4>
<p><strong>for more refer income tax website <a href="https://www.incometax.gov.in/" target="_blank" rel="noopener">click here</a></strong></p>
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		<title>Extension of the Assam Tenancy Act 2021 to UT of Chandigarh.</title>
		<link>https://www.taxheal.com/extension-of-the-assam-tenancy-act-2021-to-ut-of-chandigarh.html</link>
		
		<dc:creator><![CDATA[CA Satbir Singh]]></dc:creator>
		<pubDate>Fri, 08 May 2026 07:43:51 +0000</pubDate>
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		<category><![CDATA[CHANDIGARH RENT ACT 2026]]></category>
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		<category><![CDATA[Extension of the Assam Tenancy Act 2021 to UT of Chandigarh]]></category>
		<category><![CDATA[GOVERNMENT OF ASSAM]]></category>
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		<guid isPermaLink="false">https://www.taxheal.com/?p=128621</guid>

					<description><![CDATA[<p>Extension of the Assam Tenancy Act, 2021 to UT of Chandigarh. The Gazette of India CG-DL-E-07052026-272303 EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 2174] NEW DELHI, WEDNESDAY, MAY 6, 2026/VAISAKHA 16, 1948 MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 6th May, 2026 S.O. 2265(E).—In exercise of the powers conferred by section 87… <span class="read-more"><a href="https://www.taxheal.com/extension-of-the-assam-tenancy-act-2021-to-ut-of-chandigarh.html">Read More &#187;</a></span></p>
]]></description>
										<content:encoded><![CDATA[<h3 style="text-align: center;">Extension of the Assam Tenancy Act, 2021 to UT of Chandigarh.</h3>
<h2 style="text-align: center;"><strong>The Gazette of India</strong></h2>
<p style="text-align: center;"><strong>CG-DL-E-07052026-272303</strong></p>
<p style="text-align: center;"><strong>EXTRAORDINARY</strong></p>
<p style="text-align: center;"><strong>PART II—Section 3—Sub-section (ii)</strong></p>
<p style="text-align: center;"><strong>PUBLISHED BY AUTHORITY</strong></p>
<p><strong>No. 2174] </strong></p>
<p style="text-align: center;"><strong>NEW DELHI, WEDNESDAY, MAY 6, 2026/VAISAKHA 16, 1948</strong></p>
<p><strong>MINISTRY OF HOME AFFAIRS</strong><br />
<strong>NOTIFICATION</strong><br />
<strong>New Delhi, the 6th May, 2026</strong></p>
<p>S.O. 2265(E).—In exercise of the powers conferred by section 87 of the Punjab Reorganization<br />
Act, 1966 (31 of 1966), the Central Government hereby extends the Assam Tenancy Act, 2021 (Assam<br />
Act No. XXXI of 2021), as in force in the State of Assam on the date of this notification, to the Union<br />
territory of Chandigarh, subject to the following modifications, namely:౼</p>
<p style="text-align: center;"><strong>MODIFICATIONS</strong></p>
<p>In the Assam Tenancy Act, 2021 (hereinafter referred to as the Principal Act), so extended to the Union<br />
territory of Chandigarh,౼</p>
<p>1. In the principal Act, in section 1,౼</p>
<p>(a) for sub-section (1), the following sub-section shall be substituted, namely: ౼</p>
<p>“(1) This Act may be called the Assam Tenancy Act, 2021 as extended to the Union<br />
territory of Chandigarh.”;</p>
<p>(b) in sub-section (2), for the words “State of Assam”, the words “Union territory of<br />
Chandigarh” shall be substituted;</p>
<p>(c) for sub-section (3), the following sub-section shall be substituted, namely:౼</p>
<p>“(3) This Act shall come into force from the date of its publication in the Gazette of<br />
India.”</p>
<p>2. In the principal Act, in section 2,౼</p>
<p>(a) for clause (a), the following clauses shall be substituted, namely:౼</p>
<p>‘(a) “Administrator” means the Administrator of the Union territory of Chandigarh<br />
appointed by the President under article 239 of the Constitution;</p>
<p>(aa) “landlord” means a person who receives or is entitled to receive the rent of any<br />
premises, whether on his own account or on behalf of or for the benefit of any other<br />
person, if the premises were let out to a tenant, and shall include,౼</p>
<p>(i) his successor-in-interest; and</p>
<p>(ii) a trustee or guardian or receiver receiving rent for any premises or is<br />
entitled to so receive, on account of or on behalf of or for the benefit of any<br />
other person such as minor or person of unsound mind who cannot enter into a<br />
contract;’;</p>
<p>(b) for clause (b), the following clauses shall be substituted, namely:౼</p>
<p>‘(b) “Local authority” means the Municipal Corporation or a Municipal Council or the<br />
Estate Office or the Chandigarh Housing Board or a Planning or Development<br />
Authority, by whatever name called or the Cantonment Board, or as the case may be, a<br />
civil area committee appointed under section 47 of the Cantonment Act, 2006 (41 of 2006) or such other body entitled to function as a local authority in any city or town,<br />
constituted under any law for the time being in force;</p>
<p>bb) “Municipal bye-laws” means the bye-laws made under the Capital of Punjab<br />
(Development and Regulation) Act, 1952 (Punjab Act No. 27 of 1952) and the rules<br />
made thereunder and the Haryana Housing Board Act, 1971 (Haryana Act No. 20 of<br />
1971) as extended to the Union territory of Chandigarh;’;</p>
<p>(c) in clause (c), for the words “the State”, the words “India” shall be substituted;</p>
<p>(d) in clause (e), for the words “State Government”, the word “Administrator” shall be<br />
substituted;</p>
<p>3. In section 3, in sub-section (1),౼</p>
<p>(a) in clause (a), for the words “State Government”, the words “Union territory of<br />
Chandigarh” shall be substituted;</p>
<p>(b) in clause (c), for the words “State Government”, the words “Union territory of<br />
Chandigarh” shall be substituted;</p>
<p>(c) in clause (d), for the word “State”, the words “Union territory of Chandigarh” shall be<br />
substituted;</p>
<p>(d) in clause (e), for the words “State Government”, the word “Administrator” shall be<br />
substituted.</p>
<p>4. In the Principal Act, in section 4, for the word “State” wherever it occurs, the words “Union<br />
territory of Chandigarh” shall be substituted;</p>
<p>5. In the Principal Act, in section 21, in sub-section (2), in clause (f), in the Explanation, for the<br />
words “Municipal Corporation or the Municipality or the Development Authority or any other<br />
authority”, the words “Municipal Corporation or the Municipal Council or the Estate Office or<br />
the Chandigarh Housing Board or any other Development Authority, by whatever name called<br />
or the Cantonment Board, or as the case may be, a civil area committee appointed under section<br />
47 of the Cantonment Act, 2006 (41 of 2006) or such other body entitled to function as a local<br />
authority in any city or town, constituted under any law for the time being in force”, shall be<br />
substituted.</p>
<p>6. In the Principal Act, for section 30, the following section shall be substituted, namely:౼<br />
“30. Rent Authority- The Deputy Commissioner, Union territory, Chandigarh shall, with the<br />
previous approval of the Administrator appoint an Officer, not below the rank of Tehsildar to<br />
be the Rent Authority in a specified jurisdiction.”.</p>
<p>7. In the Principal Act, in section 33, for the words “State Government”, the word “Administrator”<br />
shall be substituted.</p>
<p>8. In the Principal Act, in section 34, for the words “State Government”, the words<br />
“Administrator” shall be substituted.</p>
<p>9. In the Principal Act, in section 38, in sub-section (2), for the words “Local Government”, the<br />
words &#8220;Local Administration” shall be substituted.</p>
<p>10. In the Principal Act, in section 39, for the words “State Government” wherever it occurs, the<br />
word “Administrator” shall be substituted;</p>
<p>11. In the Principal Act, after section 43, the following section shall be inserted, namely:౼</p>
<p>“43A. Act not in derogation of any other law &#8211; Save as otherwise provided, the provisions of<br />
this Act shall be in addition to and not in derogation of any other law for the time being in force<br />
in the Union territory of Chandigarh.” ;</p>
<p>12. In the Principal Act, in section 44,౼</p>
<p>(a) in sub-section (1), for the words “State Government”, the word “Administrator” shall<br />
be substituted;</p>
<p>(b) in sub-section (2), in clause (a), for the word “State”, the words “Union territory of<br />
Chandigarh” shall be substituted;</p>
<p>13. In the Principal Act, for section 45, the following section shall be substituted, namely:-</p>
<p>“45. Laying of rules- Every rule made under this Act shall be laid as soon as may be, after it is<br />
made, before each House of the Parliament, while it is in session, for a total period of thirty<br />
days which may be comprised in one session or in two or more successive sessions, and if,<br />
before the expiry of the session immediately following the session or the successive session<br />
aforesaid, both Houses agree in making any modification in the rule or both the Houses agree<br />
that the rule, should not be made, the rule, shall thereafter have effect only in such modified<br />
form or be of no effect, as the case may be; so, however, that any such modification or<br />
annulment shall be without prejudice to the validity of anything previously done under that<br />
rule.”</p>
<p>14. In the Principal Act, in section 46,-</p>
<p>(a) in sub-section (1), for the words “State Government”, the word “Administrator” shall be<br />
substituted;</p>
<p>(b) for sub-section (2), the following sub-section shall be substituted, namely:-</p>
<p>“(2) Every order made under this section shall be laid as soon as may be, after it is made, before<br />
each House of the Parliament.”</p>
<p>15. In the Principal Act, for section 47, the following section shall be substituted, namely;</p>
<p>&#8220;47. Repeal and saving-</p>
<p>(1) The East Punjab Urban Rent Restriction Act, 1949 (East Punjab<br />
Act III of 1949), which is in force in the Union territory of Chandigarh immediately before the<br />
commencement of this Act, is hereby repealed.</p>
<p>(2) Notwithstanding such repeal, all cases and other proceedings under the East Punjab Urban<br />
Rent Restriction Act, 1949 (East Punjab Act III of 1949), pending, on the date of<br />
commencement of this Act, shall be continued and disposed of in accordance with the<br />
provisions of the East Punjab Urban Rent Restriction Act, 1949 (East Punjab Act III of 1949),<br />
as if that Act had continued to be in force and this Act had not been enacted.”.</p>
<p style="text-align: right;">[F. No. U-11020/3/2019-UTL]<br />
PARVEEN KUMAR RAI, Jt. Secy.</p>
<p style="text-align: center;"><strong>GOVERNMENT OF ASSAM</strong><br />
<strong>ORDERS BY THE GOVERNOR</strong><br />
<strong>LEGISLATIVE DEPARTMENT ::: LEGISLATIVE BRANCH</strong><br />
<strong>NOTIFICATION</strong><br />
<strong>The 27th September, 2021</strong></p>
<p style="text-align: center;">No. LGL.94/2021/37.- The following Act of the Assam Legislative Assembly which received<br />
the assent of the Governor on 23rd September, 2021 is hereby published for general information.<br />
Assam Act No. XXXI OF 2021<br />
(Received the assent of the Governor on 23rd September, 2021)<br />
THE ASSAM TENANCY ACT, 2021<br />
AN<br />
ACT</p>
<p>to establish Rent Authority to regulate renting of premises and to protect the<br />
interests of landlords and tenants and to provide speedy adjudication<br />
mechanism for resolution of disputes and matters connected therewith or<br />
incidental thereto.</p>
<p>It is hereby enacted by the state of Assam in the Seventy-second Year<br />
of the Republic of India as follows :-</p>
<p style="text-align: center;"><strong>CHAPTER I</strong><br />
<strong>PRELIMINARY</strong></p>
<p>Short title, extent<br />
and<br />
commencement<br />
1. (1) This Act may be called the Assam Tenancy Act,<br />
2021.</p>
<p>(2) It extends to the whole of the State of Assam.</p>
<p>(3) It shall come into force on such date as the State<br />
Government may, by notification in the Official<br />
Gazette, appoint and different dates may be<br />
appointed for different provisions of this Act.</p>
<p>Definitions</p>
<p>2. In this Act, unless the context otherwise requires,౼</p>
<p>(a) “landlord”, means the landowner or lessor or any<br />
other person who receives or is entitled to<br />
receive, on his behalf the rent of any premises,<br />
on his own account, if the premises were let to a<br />
tenant, and shall include-</p>
<p>(i) his successor-in-interest; and</p>
<p>(ii) a trustee or guardian or receiver receiving<br />
rent for any premises or is entitled to so<br />
receive, on account of or on behalf of or for the benefit of, any other person such as<br />
minor or person of unsound mind who<br />
cannot enter into a contract;</p>
<p>(b) “local authority” means a Village Panchayat or<br />
Panchayat Samiti or Zila Parishad or a Municipal<br />
Corporation of a Municipal Council or a<br />
Planning or a Development Authority, by<br />
whatever name called, or the Cantonment Board,<br />
or as the case may be, a civil area committee<br />
appointed under section 47 of the Cantonment<br />
Act, 2006 or such other body entitled to function<br />
as a local authority in any city or town,<br />
constituted under any law for the time being in<br />
force;</p>
<p>(c) “Notification” means a notification published in<br />
the Official Gazette of the State and the<br />
expression “notify” with its grammatical<br />
variations and cognate expressions shall be<br />
construed accordingly;</p>
<p>(d) “premises” means any building or part of a<br />
building which is, or is intended to be, let on rent<br />
for the purpose of residential or commercial use<br />
except for hotel, lodging house, dharamshala, inn<br />
and for industrial use but includes-</p>
<p>(i) garden, garage or closed parking area,<br />
vacant land, grounds and out-houses, if<br />
any, appertaining to such building or part<br />
of the building; and</p>
<p>(ii) any fitting to such building or part of the<br />
building for the more beneficial<br />
enjoyment thereof;</p>
<p>(e) “prescribed” means prescribed by rules made by<br />
the State Government under this Act;</p>
<p>(f) “property manager” means a person or any legal<br />
entity including rental agent who is authorised by<br />
the landlord to manage the premises and who<br />
represents the landlord in his dealings with the<br />
tenant;</p>
<p>(g) “rental agent” means any person, who<br />
negotiates or act on behalf of landlord or tenant<br />
or both in a transaction of renting of any<br />
premises and receives remuneration or fees or<br />
any other charges for his services whether as a<br />
commission or otherwise and includes a person<br />
who introduces, through any medium,<br />
prospective landlord an tenant to each other for<br />
negotiation for renting of premises and includes<br />
property dealers, brokers or middlemen, by<br />
whatever name called;</p>
<p>(h) “Rent Authority” means an officer appointed<br />
under section 30;</p>
<p>(i) “Rent Court” means a Rent Court constituted<br />
under section 33;</p>
<p>(j) “Rent payable” in relation to any premises means<br />
the rent as specified in section 8;</p>
<p>(k) “Rent Tribunal” means a Rent Tribunal<br />
constituted under section 34;</p>
<p>(l) “Scheduled” means a Schedule annexed to this<br />
Act;</p>
<p>(m) “sub-tenant” means a person to whom the tenant<br />
sublets whole or part of the premises held by him<br />
or transfers or assigns his right accrued under the<br />
tenancy agreement or any part thereof upon<br />
entering into a supplementary agreement to the<br />
existing tenancy agreement;</p>
<p>(n) “tenant”, whether called lessee or by any other<br />
name, means a person by whom or on whose<br />
account or on behalf of whom, the rent of any<br />
premises is payable to the landlord under a<br />
tenancy agreement and includes any person<br />
occupying the premises as a sub-tenant and also,<br />
any person continuing in possession after the<br />
termination of his tenancy whether before or<br />
after the commencement of this Act; but shall not<br />
include any person against whom any order or<br />
decree for eviction has been made.</p>
<p>Act not to apply to<br />
certain premises</p>
<p>3. (1) Nothing in this Act shall apply to any-</p>
<p>(a) premises owned or promoted by the Central<br />
Government or State Government or local<br />
authority or a Government undertaking or<br />
enterprise or a statutory body or Cantonment<br />
Board;</p>
<p>(b) premises owned by a company, University or<br />
organisation given on rent to its employees as<br />
part of service contract;</p>
<p>(c) premises owned by religious or charitable<br />
institutions as may be specified, by notification<br />
by the State Government;</p>
<p>(d) premises owned by Waqf registered under the<br />
Waqf Act, 1995 or by any trust registered under<br />
the public trust law of the State for the time<br />
being in force</p>
<p>e) other building or category of buildings<br />
specifically exempted in public interest by<br />
notification by the State Government.</p>
<p>(2) Notwithstanding anything contained in subsection (1), if the owner and tenant of the<br />
premises referred to in clause (a) to clause (e) of<br />
the said sub-section agrees that the tenancy<br />
agreement entered into between such landlord<br />
and tenant be regulated under the provisions of<br />
this Act, such landlord may inform the Rent<br />
Authority of the agreement to do so at the time<br />
of information of the tenancy agreement under<br />
section 4.</p>
<p style="text-align: center;"><strong>CHAPTER II</strong><br />
<strong>TENANCY</strong><br />
Tenancy<br />
agreement</p>
<p>4. (1) Notwithstanding anything contained in this Act<br />
or any other law for the time being in force, no<br />
person shall, after the commencement of this<br />
Act, let or take on rent any premises except by<br />
an agreement in writing, which shall be<br />
informed to the Rent Authority by the landlord<br />
and tenant jointly, in the form specified in the<br />
First Schedule withing a period of two months<br />
from the date of tenancy agreement.</p>
<p>(2) Where the landlord and the tenant fail to jointly<br />
inform the execution of the tenancy agreement<br />
referred to in sub-section (1), the landlord and<br />
tenant shall separately inform the execution of<br />
tenancy agreement to the Rent Authority within<br />
a period of one month from the date of expiry<br />
of the period specified in sub-section (1).</p>
<p>(3) The Rent Authority shall, within three months<br />
from the date of its appointment, put in place a<br />
digital platform in the local vernacular<br />
language or the language of the State for<br />
enabling submissions of document in such<br />
form and manner as may be prescribed.</p>
<p>(4) The Rent Authority shall, after receiving<br />
information about the execution of tenancy<br />
agreement along with the documents specified<br />
in the First Schedule,-</p>
<p>(a) provide a unique identification number to<br />
the parties; and</p>
<p>(b) upload the details of the tenancy<br />
agreement on its website in local<br />
vernacular language or the language of the<br />
State, within seven working days from the<br />
date of receipt of such information, in such manner along with such documents as it<br />
may deem fit.</p>
<p>(5) The term of authorisation of the property<br />
manager, if any, by the landlord to deal with the<br />
tenant shall be such as agreed to by the landlord<br />
and tenant in that behalf in the tenancy<br />
agreement.</p>
<p>(6) The information provided under sub-section<br />
(1) and sub-section (2) above shall be<br />
conclusive proof of the facts relating to tenancy<br />
and matters connected therewith, and in the<br />
absence of any statement of information, the<br />
landlord and the tenant shall not be entitled to<br />
any relief under the provisions of this Act.<br />
Period of tenancy 5.</p>
<p>(1) Every tenancy entered into after the<br />
commencement of this Act shall be valid for a<br />
period as agreed upon between the landlord and<br />
the tenant and as specified in the tenancy<br />
agreement.</p>
<p>(2) The tenant may request the landlord for<br />
renewal or extension of the tenancy, within the<br />
period agreed to in the tenancy agreement, and<br />
if agreeable to the landlord, may enter into a<br />
new tenancy agreement with the landlord on<br />
mutually agreed terms and conditions.</p>
<p>(3) Where a tenancy for a fixed term ends and has<br />
not been renewed or the tenant fails to vacate<br />
the premises at the end of such tenancy, then<br />
such tenant shall be liable to pay an enhanced<br />
rent to the landlord as provided in section 23.<br />
Provided that notwithstanding anything<br />
contained in this section, if the term of tenancy<br />
expires at a time when the locality where the<br />
premises let out on rent is situated is affected<br />
by any disastrous event of force majeure, then,<br />
subject to requisition by the tenant, the landlord<br />
shall allow the tenant to continue in possession<br />
of the said premises till a period of one month<br />
from the date of cessation of such disastrous<br />
event on the same terms and conditions of the<br />
tenancy agreement already entered into.<br />
Explanation.౼ For the purposes of this section,<br />
“force majeure” means a situation of war,<br />
flood, drought, fire, cyclone, earthquake or any<br />
other calamity caused by nature affecting the</p>
<p>habitation of the tenant in the premises let out<br />
on rent.<br />
Rights and<br />
obligation of<br />
successor in the<br />
case of death</p>
<p>6. The terms of agreement executed between<br />
landlord and tenant, shall be binding upon their<br />
successors in the event of the death of landlord or<br />
tenant, as the case may be, and in such case,<br />
successors of the deceased landlord or tenant shall<br />
have the same rights and obligations as agreed to<br />
in the tenancy agreement for the remaining period<br />
of such tenancy.</p>
<p>Restriction on subletting</p>
<p>7. (1) After the commencement of this Act, no tenant<br />
shall, except by entering into a supplementary<br />
agreement to the existing tenancy agreement,-</p>
<p>(a) sub-let whole or part of the premises held<br />
by him as a tenant;</p>
<p>(b) transfer or assign his rights in the tenancy<br />
agreement or any part thereof.</p>
<p>(2) Where the premises is sub-let upon entering into<br />
a supplementary agreement to the existing<br />
tenancy agreement as referred to in sub-section</p>
<p>(1), the landlord and tenant shall jointly inform<br />
the Rent Authority about the sub-tenancy<br />
within a period of two months from the date of<br />
execution of such agreement in the Form<br />
specified in the First Schedule.</p>
<p style="text-align: center;"><strong>CHAPTER III</strong><br />
<strong>RENT</strong></p>
<p>Rent payable 8. The rent payable in respect of a premises shall be<br />
the rent agreed to between the landlord and the<br />
tenant in accordance with the terms of the<br />
tenancy agreement.</p>
<p>Revision of rent 9.</p>
<p>(1) The revision of rent between the landlord and the<br />
tenant shall be in accordance with the terms of<br />
the tenancy agreement.</p>
<p>(2) Where, after the commencement of tenancy,<br />
the landlord has entered into an agreement in<br />
writing with the tenant prior to the<br />
commencement of the work and has incurred<br />
expenditure for carrying out improvement,<br />
addition or structural alteration in the premises<br />
occupied by the tenant, which does not include<br />
repairs necessary to be carried out under<br />
section 15, the landlord may increase the rent<br />
of the premises by an amount as agreed to<br />
between the landlord and the tenant, and such<br />
increase in rent shall become effective from<br />
one month after the completion of such work.</p>
<p>10. In case of any dispute between the landlord and the<br />
tenant regarding revision of rent, the Rent Authority<br />
may, on an application made by the landlord or tenant,<br />
determine the revised rent and other charges payable<br />
by the tenant and also fix the date from which such<br />
revised rent becomes payable.<br />
Security deposit</p>
<p>11. (1) The security deposit to be paid by the tenant in<br />
advance shall be such as may be agree upon<br />
between the landlord and the tenant in the<br />
tenancy agreement, which shall-</p>
<p>(a) not exceed two months rent, in case of<br />
residential premises; and</p>
<p>(b) not exceed six months rent, in case of<br />
non-residential premises.</p>
<p>(2) The security deposit shall be refunded to the tenant<br />
on the date of taking over vacant possession of<br />
the premises from the tenant, after making due<br />
deduction of any liability of the tenant.</p>
<p style="text-align: center;"><strong>CHAPTER IV</strong><br />
<strong>RIGHTS AND OBLIGATIONS OF LANDLORD</strong><br />
<strong>AND TENANT</strong></p>
<p>Original tenancy<br />
agreement to be<br />
retained by the<br />
landlord and the<br />
tenant</p>
<p>12 The tenancy agreement shall be signed in duplicate by<br />
both the landlord and the tenant, and one each of such<br />
original signed tenancy agreement shall be retained<br />
by the landlord and the tenant.<br />
Rent and other<br />
charges payable<br />
and receipt for<br />
payment thereof</p>
<p>13. (1) Every tenant shall pay rent and other charges<br />
payable withing such period as agreed to in the<br />
tenancy agreement.</p>
<p>(2) Every landlord or his property manager shall, on<br />
receipt of payment towards rent and other<br />
charges payable withing the stipulated period as<br />
in the tenancy agreement from the tenant,<br />
provide forthwith against acknowledgement, a<br />
duly signed receipt for the amount received by<br />
him:</p>
<p>Provided that where the payment of rent or other<br />
charges is made by the tenant to the landlord<br />
through the electronic mode, the bank<br />
acknowledgement thereof shall be conclusive<br />
proof of such payment.<br />
Deposit of rent<br />
with Rent Authority</p>
<p>14. (1) Where the landlord refuses to accept any rent and<br />
other charges payable or refuses to give a receipt,<br />
the rent and other charges shall be paid to the<br />
landlord by postal money order or any other<br />
method, in such manner as may be prescribed,<br />
consecutively for two months, and if the landlord<br />
refuses to accept the rent and other charges within such period, then the tenant may deposit<br />
the same with the Rent Authority in such manner<br />
as may be prescribed.</p>
<p>(2) Where the tenant is unable to decide to whom the<br />
rent is payable during the period of tenancy<br />
agreement, the tenant may, in such case, deposit<br />
the rent with the Rent Authority in such manner<br />
as may be prescribed.</p>
<p>(3) Where the rent is deposited under sub-section (1)<br />
or sub-section (2), the Rent Authority shall<br />
enquire the case as to whom the rent is payable<br />
and pass orders as may deem fit on the basis of<br />
the facts of the case.</p>
<p>(4) The withdrawal of rent and other charges<br />
payable, deposited under sub-section (1) or subsection (2), shall not by itself operate as an<br />
admission against the landlord or any other claim<br />
made by the tenant, if the landlord withdraws it<br />
to the extent of rent agreed upon under the<br />
tenancy agreement.</p>
<p>Repair and<br />
maintenance of<br />
property</p>
<p>15 (1) Notwithstanding any agreement in writing to the<br />
contrary, the landlord and the tenant shall keep<br />
the premises in as good a condition as at the<br />
commencement of the tenancy, except for<br />
normal wear and tear, and shall respectively be<br />
responsible to repair and maintain the said<br />
premises as specified in the Second Schedule or<br />
as agreed to in the tenancy agreement.</p>
<p>(2) In case of common facilities shared among the<br />
tenants or with the landlord, the respective<br />
responsibilities of the tenant and landlord to<br />
repair and maintain those facilities shall be such<br />
as may be specified in the tenancy agreement.</p>
<p>(3) If the tenant fails or refuses to carry out the<br />
repairs referred to in sub-section (1) or subsection (2), above the landlord may carry out the<br />
repairs or remove the additional structure erected<br />
by tenant without consent of the landlord and<br />
deduct the amount incurred for such repairs or<br />
removal as the case may be, from the security<br />
deposit and the amount so deducted shall be paid<br />
by the tenant within a period of one month of<br />
issue of notice by the landlord in that regard:<br />
Provided that if the cost for such repairs exceed<br />
the security deposit, the tenant shall be liable to<br />
pay the excess cost including the security deposit<br />
so deducted to the landlord within a period of one<br />
month of the issue of notice by the landlord in<br />
that regard.</p>
<p>(4) In case the landlord refuses to carry out the<br />
repairs referred to in sub-section (1) or subsection (2), the tenant may carry out such repairs<br />
and deduct the expenditure incurred towards the<br />
same from the rent to be paid for the succeeding<br />
months:<br />
Provided that in no case the deduction from rent<br />
in any one month shall exceed fifty per cent of<br />
the agreed rent for a month.</p>
<p>(5) Where the premises is uninhabitable without the<br />
repairs and the landlord refuses to carry out the<br />
required repairs, after being called upon by the<br />
tenant in writing to do so, the tenant may<br />
abandon the premises after giving the landlord<br />
fifteen days notice in writing.</p>
<p>(6) Where the premises let out on rent becomes<br />
uninhabitable for the tenant due to an event of<br />
force majeure or the tenant is unable to reside<br />
due to occurrence of such event, the landlord<br />
shall not charge rent from the tenant until the said<br />
premises is restored by the landlord subject to the<br />
provisions of this section, to be inhabitable:<br />
Provided that where the rented premises<br />
becomes uninhabitable as specified in subsection (5) or this sub-section and the landlord<br />
fails to carry out the required repairs to make it<br />
inhabitable or the said premises could not be<br />
made inhabitable, then, the security deposit and<br />
advance rent shall be refunded by the landlord to<br />
the tenant within a period of fifteen days of the<br />
expiry of the notice period, after making due<br />
deduction of liability of the tenant, if any.<br />
Explanation.—For the purposes of this section,<br />
“force majeure” means a situation of war, flood,<br />
drought, fire, cyclone, earthquake or any other<br />
calamity caused by nature affecting the<br />
habitation of the tenant in the premises let out on<br />
rent.</p>
<p>Tenant to look<br />
after premises</p>
<p>16. During the subsistence of tenancy, the tenant shall,-<br />
(a) not intentionally or negligently damage the<br />
premises or permit such damage;</p>
<p>(b) inform in writing the landlord of any damage;</p>
<p>(c) take reasonable care of the premises and its<br />
contents including fitting and fixtures and keep<br />
it reasonably habitable having regard to its<br />
condition at the commencement of tenancy and<br />
the normal incidence of living.</p>
<p>Entry into<br />
premises</p>
<p>17 (1) Every landlord or the property manager may<br />
enter the premises let out on rent after serving a<br />
notice, in writing or through electronic mode, to<br />
the tenant at least twenty four hours before the<br />
time of entry under the following circumstances,<br />
namely:-</p>
<p>(a) to carry out repairs or replacement or to do<br />
or to get work done in the premises; or<br />
(b) to carry out an inspection of the premises for<br />
the purpose of determining whether the<br />
premises are in a habitable state; or<br />
(c) for any other reasonable cause for entry<br />
specified in the tenancy agreement.</p>
<p>(2) The notice referred to in sub-section (1) shall<br />
specify the day, time and reason for entry:<br />
Provided that no person shall enter the premises<br />
before sun rise and after sun set:<br />
Provided further that nothing contained in this<br />
section shall prevent the landlord from entering<br />
into the premises let out on rent without prior<br />
notice to the tenant in case of emergent situations<br />
like war, flood, fire, cyclone, earthquake or any<br />
other natural calamity, which may affect that<br />
premises.</p>
<p>Information as to<br />
property manager</p>
<p>18 In case the landlord has engaged a property manager,<br />
the landlord shall provide the following information<br />
to the tenant, namely:-</p>
<p>(a) name of the property manager;<br />
(b) proof that such property manager is authorised<br />
by the landlord;<br />
(c) specific purposes for which the property<br />
manager has been authorised by the landlord and<br />
the period of such authorisation; and<br />
(d) if the property manager is a legal entity, the name<br />
of the entity and the person authorised in this<br />
behalf by that legal entity who may be contacted<br />
in relation to the tenancy agreement.</p>
<p>19 (1) The duties of the property manager shall<br />
include the following, namely:-<br />
(a) to collect rent against receipt;<br />
(b) to do essential repairs on behalf of the<br />
landlord;<br />
(c) to inspect the premises from time to time;<br />
(d) to give notices to tenant for-<br />
(i) proper maintenance of the premises;<br />
(ii) delay in payment of rent;<br />
(iii) revision of rent;<br />
(iv) vacating of premises;<br />
(v) renewal of tenancy;<br />
(e) help in resolution of disputes among tenants<br />
and between landlord and tenant;<br />
(f) any other matters relating to tenancy to be acted<br />
upon only on the instructions of the landlord.</p>
<p>(2) Where the property manager acts, in<br />
contravention of the provisions of sub-section<br />
(1) or against the instructions of the landlord, the<br />
Rent Authority may, on an application made to it<br />
by the landlord or tenant in that behalf, remove<br />
the property manager or impose such costs on the<br />
property manager so as to compensate any loss<br />
incurred by the landlord or tenant due to such<br />
contravention.<br />
Withholding<br />
essential supply and service</p>
<p>20 (1) No landlord or property manager shall either by<br />
himself or through any other person, withhold<br />
any essential supply or services in the premises<br />
occupied by the tenant.</p>
<p>(2) In case of contravention of provisions of subsection (1) and on application made by the<br />
tenant in this behalf, the Rent Authority after<br />
examining the matter, may pass an interim<br />
order directing the restoration of supply of<br />
essential services immediately on service of<br />
such order upon the landlord or property<br />
manager, as the case may be, pending the<br />
inquiry referred to in sub-section (3).</p>
<p>(3) The Rent Authority shall conduct an enquiry in<br />
respect of the application made by the tenant</p>
<p>under sub-section (2), and complete the inquiry<br />
within one month of filing such application.</p>
<p>(4) The Rent Authority may, after giving a<br />
reasonable opportunity of being heard, award a<br />
compensation not exceeding two months rent<br />
to be paid by the person responsible for<br />
withholding the essential supply, so as to<br />
compensate the loss incurred.</p>
<p>(5) The Rent Authority may levy a penalty of a<br />
sum not exceeding twice the monthly rent to<br />
the tenant, if it finds that the application was<br />
frivolous or vexatious.<br />
Explanation.— For the purposes of this<br />
section, essential services includes supply of<br />
water, electricity, piped cooking gas supply,<br />
lights in passages, lifts and on staircase,<br />
conservancy, parking, communication links,<br />
sanitary services and security fixtures and<br />
features.</p>
<p style="text-align: center;"><strong>CHAPTER V</strong><br />
<strong>EVICTION AND RECOVERY OF</strong><br />
<strong>POSSESSION OF PREMISES BY LANDLORD</strong></p>
<p>Eviction and<br />
recovery of<br />
possession of<br />
premises by landlord</p>
<p>21 (1) A tenant shall not be evicted during the<br />
continuance of tenancy agreement unless<br />
otherwise agreed to in writing by the landlord<br />
and tenant, except in accordance with the<br />
provisions of sub-section (2) or in accordance<br />
with the provisions of section</p>
<p>22.<br />
(2) The Rent Court may, on an application made to<br />
it by the landlord in such manner as may be<br />
prescribed, make an order for eviction and<br />
recovery of possession of the premises on one or<br />
more of the following grounds namely: &#8211;</p>
<p>(a) that the tenant does not agree to pay the rent<br />
payable under section 8;</p>
<p>(b) that the tenant has not paid the arrears of rent<br />
and other charges payable in full as specified<br />
in sub-section (1) of section 13 for two<br />
consecutive months, including interest for<br />
delayed payment as may be specified in the<br />
tenant agreement within a period of one<br />
month from the date of service of notice of<br />
demand for payment of such arrears of rent<br />
and other charges payable to the landlord in<br />
the manner provided in sub-section (4) of  section 106 of the Transfer of Property Act,<br />
1882;</p>
<p>(c) that the tenant has, after the commencement<br />
of this Act, parted with the possession of<br />
whole or any part of the premises without<br />
obtaining the written consent of the landlord;</p>
<p>(d) that the tenant has continued to misuse the<br />
premises even after receipt of notice from the<br />
landlord to desist from such misuse;<br />
Explanation. &#8211; For the purposes of this<br />
clause, “misuses of premises” means<br />
encroachment of additional space by the<br />
tenant or use of premises which causes public<br />
nuisance or causes damages to the property<br />
or is detrimental to the interest of the landlord<br />
or for immoral or illegal purposes.</p>
<p>(e) Where it is necessary for the landlord to carry<br />
out any repair or construction or rebuilding<br />
or addition or alteration or demolition in<br />
respect of the premises or any part thereof,<br />
which is not possible to be carried out<br />
without the premises being vacated:<br />
Provided that after such repair,<br />
construction, rebuilding, addition or<br />
alteration, the tenant may be allowed to<br />
reoccupy the premises only when it has been<br />
mutually agreed to between the landlord and<br />
the tenant and a new tenancy agreement has<br />
been submitted with the Rent Authority:<br />
Provided further that the tenant shall not<br />
be allowed to reoccupy the premises-</p>
<p>(i) in the absence of submission of such<br />
mutual tenancy agreement with the<br />
Rent Authority; and</p>
<p>(ii) in cases where the tenant has been<br />
evicted under the orders of a Rent<br />
Court;</p>
<p>(f) that the premises or any part thereof is required<br />
by the landlord for carrying out any repairs,<br />
construction, rebuilding, additions, alteration<br />
or demolition, for change of its use as a<br />
consequence of change of land use by the<br />
competent authority;</p>
<p>Explanation.- For the purposes of this clause,<br />
the expression “competent authority” means<br />
the Municipal Corporation or the Municipality or the Development Authority or any other<br />
authority, as the case may be, which provides<br />
permission on matters relating to repair or<br />
redevelopment or demolition of building or<br />
permission for change in land use.</p>
<p>(g) that the landlord has given written notice to<br />
vacate the premises let out on rent and in<br />
consequence of that notice the landlord has<br />
contracted to sell the said premises or has taken<br />
any other step, as a result of which his interests<br />
would seriously suffer if he is not put in<br />
possession of that premises;</p>
<p>(h) that the tenant has carried out any structural<br />
change or erected any permanent structure in<br />
the premises let out on rent without the written<br />
consent of the landlord.</p>
<p>(3) No order for eviction of the tenant on account of<br />
failure to pay the rent specified in clause (b) of<br />
sub-section (2) shall be made, if the tenant makes<br />
payment to the landlord or deposits with the Rent<br />
Court the arrears of rent and other charges<br />
payable, if any, including interest within one<br />
month from the date of service of the said demand<br />
notice upon him.</p>
<p>(4) Where the tenant fails to pay rent consecutively for<br />
two months subsequent to the grant of the relief<br />
specified in sub-section (3) in any one year, then<br />
the tenant shall not be entitled to such relief again.</p>
<p>(5) In any proceedings for eviction under clause (e) of<br />
sub-section (2), the Rent Court may allow eviction<br />
from only a part of the premises, if the landlord<br />
agrees for the same.</p>
<p>Eviction and<br />
recovery of<br />
possession of<br />
premises in case<br />
of death of land<br />
lord</p>
<p>22 (1) Notwithstanding anything contained in this Act or<br />
any other law for the time being in force, in case<br />
of death of the landlord, where there is a bonafide<br />
requirement of the premises let out on rent by the<br />
legal heirs of the landlord during the period of<br />
tenancy, such legal heirs may file an application in<br />
this behalf for eviction and recovery of possession<br />
of the said premises before the Rent Court in such<br />
form and manner, as may be prescribed.<br />
(2) The Rent Court may, on an application made to it<br />
under sub-section (1), if it is satisfied that the legal<br />
heirs of the deceased landlord are in bonafide<br />
requirement of the premises let out on rent, pass<br />
necessary orders against the tenant for handing<br />
over vacant possession of the said premises to the<br />
legal heirs of the deceased landlord.</p>
<p>23 Where the tenant fails to vacate the premises let out<br />
on rent in accordance with the tenancy agreement on<br />
the expiration of the period of tenancy or termination<br />
of tenancy by an order or notice under the provisions<br />
of this Act, such tenant shall be liable to pay the<br />
landlord-</p>
<p>(a) Twice the monthly rent for the first two<br />
months; and</p>
<p>(b) Four times the monthly rent thereafter till the<br />
tenant continues to occupy the said premises.<br />
Refund of advance<br />
rent by landlord</p>
<p>24 (1) Where a landlord exercises the right of recovery<br />
of possession under sub-section (2) of section 21<br />
or under section 22, and he had received any rent<br />
or any other payment in advance from the tenant,<br />
he shall before recovery of possession, refund to<br />
the tenant such amount after deducting the rent<br />
and other charges due to him.</p>
<p>(2) If the landlord fails to make any refund, he shall<br />
be liable to pay simple interest to the tenant at<br />
such rate as may be prescribed from time to time<br />
on the amount which he has omitted or failed to<br />
refund.</p>
<p>Payment of rent<br />
during eviction<br />
proceedings</p>
<p>25 In any proceedings for recovery of possession on any<br />
ground other than that referred to in clause (a) or<br />
clause (b) of sub-section (2) of section 21, where the<br />
tenant contests the claim for eviction, the landlord<br />
may at any stage of the proceedings apply to the Rent<br />
Court to direct the tenant to pay him the rent payable,<br />
as under section 8, and the Rent Court may order the<br />
tenant to make such payment and all other charges<br />
due from the tenant along with penal charges, if any,<br />
due to delay in payment, in accordance with the<br />
provisions of sub-section (1) of section 14.</p>
<p>Permission to<br />
build additional<br />
structure</p>
<p>26 (1) Tenant shall not carry out any structural change<br />
or erect any permanent structure in the premises<br />
let out on rent without the written consent of the<br />
landlord.</p>
<p>(2) Where the landlord proposes to make any<br />
improvement in or construct any additional<br />
structure on any premises which has been let out<br />
to a tenant and the tenant refuses to allow the<br />
landlord to make such improvement or construct<br />
such additional structure, the landlord may make<br />
an application in this behalf to the Rent Court.</p>
<p>(3) On an application made by the landlord under<br />
sub-section (2), if the Rent Court is satisfied that<br />
the landlord is ready and willing to commerce the<br />
work which is necessary, the Rent Court may<br />
permit the landlord to do such work and may<br />
make such other order as it may deem fit:<br />
Provided that such improvement or additional<br />
structure shall not decrease or diminish or<br />
deteriorate the accommodation or housing</p>
<p>services in the premises which may cause undue<br />
hardship to the tenant:<br />
Provided further that it shall be the<br />
responsibility of the tenant to remove any such<br />
additional structure built by tenant without<br />
consent of landlord.<br />
Special provision<br />
regarding vacant<br />
land</p>
<p>27 (1) Notwithstanding anything contained in section<br />
21 or section 22, where any premises let out for<br />
rent comprises vacant land, upon which it is<br />
permissible under the municipal bye-laws for the<br />
time being in force to erect any building whether<br />
for residence or for any other purpose, and the<br />
landlord who intends to erect such building is<br />
unable to obtain possession of the same from the<br />
tenant on the basis of the tenancy agreement, the<br />
landlord or, in case of death of the landlord, his<br />
legal heirs, may file an application in this behalf,<br />
in such form and manner as may be prescribed,<br />
before the Rent Court.</p>
<p>(2) The Rent Court may, on receipt of the application<br />
referred to in sub-section (1), if it is satisfied that<br />
the landlord is or, as the case may be, his legal<br />
heirs are ready and willing to commence the work<br />
and that the severance of the vacant land from the<br />
rest of the premises shall not cause undue<br />
hardship to the tenant,-</p>
<p>(a) direct such severance after such enquiry as it<br />
may deem fit;</p>
<p>(b) place the landlord in possession of the vacant<br />
land;</p>
<p>(c) determine the rent payable by the tenant in<br />
respect of the rest of the premises; and<br />
(d) make such other orders as it may deem fit in<br />
the circumstances of the case.</p>
<p>Vacant possession<br />
to landlord</p>
<p>28 Notwithstanding anything contained in any other law<br />
for the time being in force, where the interest of a<br />
landlord or in case of death of the landlord or his legal<br />
heirs in any premises is determined for any reason<br />
whatsoever and any order is made by the Rent Court<br />
under this Act for the recovery of possession of such<br />
premises, such order shall, subject to the provisions<br />
of sub-section (3) of section 21, be binding on all<br />
occupants who may be in occupation of the premises<br />
and vacant possession thereof shall be given by all<br />
such occupants to the landlord or to the legal heirs of<br />
the landlord.<br />
Provisions</p>
<p>regarding notice</p>
<p>29 Notwithstanding anything contained in this Act or any<br />
other law for the time being in force, a tenant may</p>
<p>give up possession of the premises on giving such<br />
written notice as is required under the tenancy<br />
agreement and in the absence of any stipulation<br />
relating to such notice, the tenant shall give notice to<br />
the landlord of at least one month before giving up<br />
possession of the premises.</p>
<p style="text-align: center;"><strong>CHAPTER VI</strong><br />
<strong>RENT AUTHORITIES, THEIR POWER AND</strong><br />
<strong>APPEALS</strong></p>
<p>Rent Author ity 30 The Deputy Commissioner of a District shall, with the<br />
previous approval of the State Government, appoint<br />
an officer, not below the rank of Circle Officer to be<br />
the Rent Authority within his jurisdiction.<br />
Power and<br />
procedure of Rent<br />
Authority</p>
<p>31 The Rent Authority shall have all the powers as are<br />
vested in a Rent Court under this Act in respect of any<br />
proceedings initiated under sections 4, 9, 10, 14, 15,<br />
19 or section 20 and the procedure as laid down in<br />
sections 35 and 36 shall apply in such proceedings.<br />
Appeals 32 (1) Any person aggrieved by the order of the Rent<br />
Authority may prefer an appeal to the Rent Court<br />
having territorial jurisdiction.</p>
<p>(2) The appeal under sub-section (1) shall be<br />
preferred within a period of thrity days from the<br />
date of the order of the Rent Authority.</p>
<p>&nbsp;</p>
<p>Rent Court</p>
<p>33 The Deputy Commissioner of a District shall, with the<br />
previous approval of the State Government, appoint<br />
Additional Deputy Commissioner or an officer of<br />
equivalent rank, to be the Rent Court for the purposes<br />
of this Act, within his jurisdiction.<br />
Rent Tribunal 34 The State Government may, in consultation with the<br />
High Court, may by notification, appoint District<br />
Judge or Additional District Judge as Rent Tribunal<br />
in each district.</p>
<p>Procedure to be<br />
followed in Rent<br />
Court and Rent<br />
Tribunal</p>
<p>35 (1) Save as provided in this section, nothing<br />
contained in the Code of Civil Procedure, 1908<br />
shall apply to the Rent Courts and Rent Tribunals,<br />
which shall be guided by the principles of natural<br />
justice and shall have power to regulate their own<br />
procedure in the following manner, namely: &#8211;<br />
(a) the landlord or the tenant may file an<br />
application or appeal before the Rent Court<br />
or, the Rent Tribunal as the case may be<br />
accomp anied by affidavit and documents, if<br />
any;</p>
<p>(b) the Rent Court or the Rent Tribunal, as the<br />
case may be, shall then issue notice to the<br />
opposite party, accompanied by copies of</p>
<p>application or appeal, affidavit and<br />
documents;<br />
(c) the opposite party shall file a reply<br />
accompanied by affidavit and documents, if<br />
any, after serving a copy of the same to the<br />
applicant;</p>
<p>(d) the applicant may file a rejoinder, if any after<br />
serving the copy to the opposite party;</p>
<p>(e) the Rent Court or the Rent Tribunal, as the<br />
case may be, shall fix a date of hearing and<br />
may hold such summary inquiry as it deems<br />
necessary.</p>
<p>(2) The Rent Court or the Rent Tribunal as the case<br />
may be, shall endeavour to dispose the case as<br />
expeditiously as possible, not exceeding a period<br />
of sixty days from the date of receipt of the<br />
application or appeal:</p>
<p>Provided that where any such application or<br />
appeal as the case may be, could not be disposed<br />
of within the said period of sixty days, the Rent<br />
Court or the Rent Tribunal shall record its reasons<br />
in writing for not disposing of the application or<br />
appeal within that period.</p>
<p>(3) In every application or appeal, before the Rent<br />
Court or the Rent Tribunal, the evidence of a<br />
witness shall be given by affidavit:<br />
Provided that the Rent Court or the Rent Tribunal<br />
as the case may be, may, where it appears to it that<br />
it is necessary in the interest of justice to call a<br />
witness for examination or cross-examination,<br />
order attendance of such witness to be present for<br />
examination or cross-examination.</p>
<p>(4) The provisions of the Code of Civil Procedure,<br />
1908, regarding service of summons shall be<br />
applicable mutatis mutandis for service of notice<br />
by the Rent Court or Rent Tribunal.</p>
<p>(5) Every application or appeal shall be in such form<br />
as may be prescribed.</p>
<p>(6) The Rent Authority or Rent Court or the Rent<br />
Tribunal as the case may be, shall not allow more<br />
than three adjournments at the request of a party<br />
throughout the proceedings and in case of<br />
reasonable and sufficient cause to do so, it shall</p>
<p>record the reasons for the same in writing and<br />
order the party requesting adjournment to pay a<br />
reasonable cost.</p>
<p>(7) Every application under clauses (a), (b), (e), (f)<br />
and (g) of sub-section (2) of section 21 or under<br />
section 22 shall be decided within ninety days<br />
from the date of filing of such application in the<br />
Rent Court.</p>
<p>(8) The Rent Court shall decide every application<br />
filed under clause (c) and (d) of sub-section (2) of<br />
section 21 within thirty days from the date of<br />
filing of such application.</p>
<p>Powers of Rent<br />
Court and Rent<br />
Tribunal</p>
<p>36 (1) The Rent Court and the Rent Tribunal shall, for<br />
discharging of their functions under this Act, have<br />
the same powers as are vested in a civil court<br />
under the Code of Civil Procedure, 1908 for the<br />
purposes of,-</p>
<p>(a) Summoning and enforcing the attendance<br />
of any person and examining him on oath;<br />
(b) Requiring the discovery and production of<br />
documents;<br />
(c) Issuing commissions for examination of the<br />
witnesses or documents;<br />
(d) Issuing commission for local investigation;<br />
(e) Receiving evidence on affidavits;<br />
(f) Dismissing an application or appeal for<br />
default or deciding it ex-parte;<br />
(g) Setting aside any order of dismissal of any<br />
application or appeal for default or any<br />
other order passed by it ex-parte;<br />
(h) Execution of its orders and decisions under<br />
this Act without reference to any civil<br />
court;<br />
(i) Reviewing its orders and decisions;<br />
(j) Revision of orders and decisions of Rent<br />
Authority and Rent Court and;<br />
(k) Any other matter, which may be prescribed.<br />
(2) Any proceedings before the Rent Court or Rent<br />
Tribunal shall be deemed to be a judicial<br />
proceeding within the meaning of section 193<br />
and 228, and for the purpose of section 196, of<br />
the Indian Penal Code; and the Rent Court and</p>
<p>the Rent Tribunal shall be deemed to be a civil<br />
court for the purposes of section 195 and<br />
Chapter XXVI of the Code of Criminal<br />
Procedure, 1973.</p>
<p>(3) For the purposes of holding any inquiry or<br />
discharging any duty under this Act, the Rent<br />
Court may,-</p>
<p>(a) after giving not less than twenty-four hours<br />
notice in writing, enter and inspect or<br />
authorise any officer, subordinate to it, to<br />
enter and inspect, any premises at any time<br />
between sunrise and sunset;</p>
<p>(b) by written order, require any person to<br />
produce for its inspection such books or<br />
documents relevant to the inquiry, at such<br />
time and at such place as may be specified<br />
in the order.</p>
<p>(4) The Rent Court may, if it thinks fit, appoint one<br />
or more persons having special knowledge of the<br />
matter under consideration as an assessor or<br />
valuer to advise it in the proceeding before it.</p>
<p>(5) Any clerical or arithmetical mistake in any order<br />
passed by the Rent Court or any other error<br />
arising out of any accidental omission may, at<br />
any time, be corrected by the Rent Court on an<br />
application received by it in this behalf from any<br />
of the parties or otherwise.</p>
<p>(6) The Rent Court may exercise the powers of<br />
Judicial Magistrate of the first class for the<br />
recovery of the fine under the provision of the<br />
Code of Criminal Procedure, 1973 and the Rent<br />
Court shall be deemed to be a Magistrate under<br />
the said Code for the purposes of such recovery.</p>
<p>(7) An order made by a Rent Court or an order<br />
passed in appeal or revision, or review under this<br />
Chapter shall be executable by the Rent Court as<br />
a decree of a civil court and for this purpose, the<br />
Rent Court shall have the powers of a civil court.</p>
<p>(8) The Rent Court may set aside any order passed<br />
ex-parte if the aggrieved party files an<br />
application and satisfies it that notice was not<br />
duly served or that he was prevented by any<br />
sufficient cause from appearing when the case<br />
was taken up for hearing.</p>
<p>(9) Save as otherwise expressly provided in this Act,<br />
every order made by the Rent Court shall,<br />
subject to decision in appeal, be final and shall</p>
<p>not be called in question in any original suit,<br />
application or execution proceedings.</p>
<p>Appeal to Rent<br />
Tribunal</p>
<p>37 (1) Any person aggrieved by an order passed by the<br />
Rent Court, may prefer an appeal along with a<br />
certified copy of such order to the Rent Tribunal<br />
within the jurisdiction/local limits of which the<br />
premise is situated, within a period of thirty days<br />
from the date of order.</p>
<p>(2) The Rent Tribunal, upon filing an appeal under<br />
sub-section (1) shall serve notice, along with a<br />
copy of appeal to the respondent and fix a<br />
hearing not later than thirty days from the date<br />
of service of notice of appeal on the respondent<br />
and the appeal shall be disposed of within a<br />
period of sixty days from such date of service.</p>
<p>(3) Where the Rent Tribunal considers it necessary<br />
in the interest of arriving at a just and proper<br />
decision, it may allow documents at any stage of<br />
the proceedings in appeal:</p>
<p>Provided that no such document shall be allowed<br />
more than once during the hearing.<br />
(4) The Rent Tribunal may, in its discretion, pass<br />
such interlocutory order during the pendency of<br />
the appeal, as it may deem fit.</p>
<p>(5) While deciding the appeal, the Rent Tribunal<br />
may, after recording reasons thereof, confirm,<br />
set aside or modify the order passed by a Rent<br />
Court.</p>
<p>Execution of order 38 (1) The Rent Court shall, on an application filed by<br />
any party, execute an order of a Rent Court or a<br />
Rent Tribunal or any other order made under this<br />
Act, in such manner as may be prescribed, by-</p>
<p>(a) Delivering possession of the premises to the<br />
person in whose favour the decision has been<br />
made; or</p>
<p>(b) Attaching one or more bank accounts of the<br />
opposite party for the purpose of recovering<br />
the amount specified in such order; or</p>
<p>(c) Appointing any advocate or any other<br />
competent person including officers of the<br />
Rent Court or local administration or local<br />
body for the execution of such order.</p>
<p>(2) The Rent Court may take the help from the Local<br />
Government or local body or the local police for<br />
the execution of the final orders:</p>
<p>Provided that no applicant shall obtain police<br />
help unless he pays such costs as may be decided<br />
by the Rent Court.</p>
<p>(3) The Rent Court shall conduct the execution<br />
proceedings, in relation to its order or an order<br />
of a Rent Tribunal or any other order passed<br />
under this Act, in a summary manner and<br />
dispose of the application for execution made<br />
under this section within a period of thirty days<br />
from the date of service of notice on opposite<br />
party.</p>
<p>CHAPTER VIII<br />
MISCELLANEOUS</p>
<p>Power of State<br />
Government to<br />
appoint Officers<br />
and other</p>
<p>employees of Rent<br />
Authority, Rent<br />
Court and Rent<br />
Tribunal</p>
<p>39 The State Government may, in consultation with<br />
the Rent Authority, Rent Court and Rent Tribunal,<br />
determine the nature and categories of officers and<br />
other employees of Rent Authority, Rent Court and<br />
Rent Tribunal as is consider necessary and appoint<br />
such officers and employees for the efficient<br />
discharge of their functions under this Act.</p>
<p>Jurisdiction of<br />
Civil Courts<br />
barred in respect<br />
of certain matters</p>
<p>40 (1) Save as otherwise provided in this Act no civil<br />
court shall entertain any suit or proceeding in so<br />
far as it relates to the provision of this Act.</p>
<p>(2) The jurisdiction of the Rent Court shall be limited<br />
to tenancy agreement submitted to it as specified<br />
in the First Schedule and shall not extend to the<br />
question of title or ownership of premises referred<br />
in the tenancy agreement.</p>
<p>Court fee</p>
<p>41 (1) The provisions of the Court Fees Act, 1870 shall<br />
apply in respect of applications or appeals to be<br />
presented before the Rent Authority or Rent Court<br />
or Rent Tribunal, as the case may be.<br />
(2) For the purposes of computation of court fees, the<br />
application for recovery of possession made to the<br />
Rent Court and the memorandum of appeals<br />
presented before the Rent Tribunal, shall be<br />
deemed to be a suit between the landlord and the<br />
tenant.</p>
<p>(3) The court fees for the application filed before the<br />
Rent Authority shall be same as that of an<br />
interlocutory application presented in a civil court.</p>
<p>Central<br />
Act No. 7<br />
of 1870<br />
Members etc. to<br />
be public servant</p>
<p>42 Every member of Rent Authority, Rent Court and<br />
Rent Tribunal appointed under this Act shall be<br />
deemed to be a public servant within the meaning of<br />
section 21 of the Indian Penal Code, 1860.<br />
Central<br />
Act No. 45<br />
of 1860</p>
<p>43 No suit, prosecution or other legal proceeding shall<br />
lie against any person, Rent Authority, Rent Court or<br />
Rent Tribunal in respect of anything which is in<br />
good faith done or intended to be done in pursuance<br />
of this Act.<br />
Power to make<br />
rules</p>
<p>44 (1) The State Government may, subject to the<br />
condition of previous publication, make rules for<br />
carrying out the provision of this Act.<br />
(2) In particular and without prejudice to the<br />
generality of the foregoing power, such rules may<br />
provide for all or any of the following matters,<br />
namely:-</p>
<p>(a) the form and manner of digital platform to be<br />
put in place by the Rent Authority in the local<br />
vernacular language or the language of the<br />
State for enabling submissions of documents<br />
under sub-section (3) of section 4;<br />
(b) the manner of payment of rent and other<br />
charges to the landlord by the tenant by postal<br />
money order or any other method and the<br />
manner of deposit of rent and other charges<br />
with the Rent Authority on refusal by landlord<br />
to accept the same under sub-section (1) and<br />
the manner of deposit of rent with the Rent<br />
Authority under sub-section (2), of section 14;<br />
(c) manner of making an application for the<br />
recovery of possession of the premises under<br />
sub-section (2) of section 21;<br />
(d) form and manner of making an application for<br />
the recovery of possession of the premises<br />
under sub-section (1) of section 22;<br />
(e) rate of interest payable to the tenant where the<br />
landlord fails to make refund under sub-section<br />
(2) of section 24;<br />
(f) the form and manner of filing application by<br />
the landlord before the Rent Court for<br />
obtaining possession of the premises let out on<br />
rent for erecting building under sub-section (1)<br />
of section 27;<br />
(g) the form of fling application before Rent Court<br />
and appeal before the Rent Tribunal under subsection (5) of section 35;</p>
<p>(h) any other matter to be provided under clause<br />
(k) of sub-section (1) of section 36;<br />
(i) the manner of execution of an order of Rent<br />
Court or a Rent Tribunal or any other order<br />
made under this Act under sub-section(1) of<br />
section 38;<br />
(j) any other matter which is required to be, or<br />
may be, prescribed under the provisions of this<br />
Act.<br />
Laying of rules 45 Every rule made by the State Government under this<br />
Act shall be laid as soon as may be, after it is made,<br />
before the State Legislature where it consist of two<br />
Houses, or where such Legislature consist of one<br />
House, before that House.<br />
Power to remove<br />
difficulty</p>
<p>46 (1) If any difficulty arises in giving effect to the<br />
provision of this Act, the State Government<br />
may, by order published in the Official Gazette,<br />
not inconsistent with the provisions of this Act,<br />
remove the difficulty:<br />
Provided that no such order shall be made after<br />
the expiry of a period of two years from the<br />
commencement of this Act.</p>
<p>(2) Every order made under this section shall, as<br />
soon as may be after it is made, be laid before<br />
the State Legislature.<br />
Repeal and saving 47 (1) The Assam Urban Areas Rent Control Act, 1972<br />
which is in force immediately before the<br />
commencement of this Act, is hereby repealed.<br />
(2) Notwithstanding such repeal, all cases and other<br />
proceedings under the said Assam Urban Areas<br />
Rent Control Act, 1972 pending, at the<br />
commencement of this Act, shall be continued<br />
and disposed of in accordance with the<br />
provisions of the Assam Urban Areas Rent<br />
Control Act, 1972 as if that Act had continued to<br />
be in force and this Act had not been enacted</p>
<p>&nbsp;</p>
<p><a href="https://www.taxheal.com/wp-content/uploads/2026/05/Screenshot-2026-05-08-130555.png"><img decoding="async" class="aligncenter wp-image-128656" src="https://www.taxheal.com/wp-content/uploads/2026/05/Screenshot-2026-05-08-130555.png" alt="Extension of the Assam Tenancy Act, 2021 to UT of Chandigarh." width="656" height="679" /></a></p>
<p>&nbsp;</p>
<p style="text-align: center;">THE SECOND SCHEDULE<br />
[See section 15 (1)]<br />
DIVISION OF MAINTENANCE RESPONSIBILITY BETWEEN THE<br />
LANDLORD AND THE TENANTS<br />
Unless otherwise agreed in the tenancy agreement, the landlord shall be responsible for<br />
repairs relating to the matter falling under Part A and the tenant shall be responsible<br />
for matters falling under Part B.<br />
Part A:<br />
Responsibilities of the Landlord<br />
1. Structural repairs except those necessitated by the damage caused by the tenant.<br />
2. Whitewashing of walls and painting of doors and windows.<br />
3. Changing and plumbing pipes when necessary.<br />
4. Internal and external wiring and related maintenance when necessary.<br />
Part B:<br />
Periodic repairs to be got done by the tenant<br />
1. Changing of tap washers and taps.<br />
2. Drain cleaning.<br />
3. Water closet repairs.<br />
4. Wash Basin repairs<br />
5. Bath tub repairs<br />
6. Geyser repairs.<br />
7. Circuit breaker repairs<br />
8. Switches and socket repairs.<br />
9. Repairs and replacement of electrical equipment except major internal and external<br />
wiring changes.<br />
10. Kitchen fixtures repairs.<br />
11. Replacement of knobs and locks of doors, cupboard, windows etc.<br />
12. Replacement of fly-nets.<br />
13. Replacement of glass panels in windows, doors etc.<br />
14. Maintenance of gardens and open spaces let out to or used by the tenant.<br />
GEETANJALI DAS SAIKIA,<br />
Secretary to the Government of Assam,<br />
Legislative Department, Dispur, Guwahati-6.</p>
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