Full Text
THE DADRA AND NAGAR HA VELI AND DAMAN AND DIU
TENANCY REGULA TION, 2023
NO. 3 OF 2023
Promulgated by the President in the Seventy-fourth Year of the Republic of India.
A Regulation to establish a Rent Authority to regulate renting of premises, to protect
the interests of landlords and tenants, to provide speedy adjudication mechanism
for resolution of disputes and for matters connected therewith or incidental
thereto.
In exercise of the powers conferred by article 240 of the Constitution, the President
is pleased to promulgate the following Regulation made by her:—
CHAPTER I
PRELIMINARY
1. (1) This Regulation may be called the Dadra and Nagar Haveli and Daman and
Diu Tenancy Regulation, 2023.
(2) It extends to the whole of the Union territory of Dadra and Nagar Haveli and
Daman and Diu.Short title,
extent and
commencement.MINISTR Y OF LA W AND JUSTICE
(Legislative Department)
New Delhi, the 24th November , 2023/ Agrahayana 3, 1945 ( Saka )vlk/kkj.k
EXTRAORDINARY
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PART II—Section 1
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PUBLISHED BY AUTHORITY
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No. 39] NEW DELHI, FRIDA Y, NOVEMBER 24, 2023/AGRAHA YANA 3, 1945 (SAKA)
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(3) It shall come into force on such date as the Administrator may , by notification
in the Official Gazette, appoint and different dates may be appointed for different
provisions of this Regulation and any reference in any such provision to the
commencement of this Regulation shall be construed as a reference to the coming into
force of that provision.
2. In this Regulation, unless the context otherwise requires,—
(a) "Administration" means the Administration of the Union territory of
Dadra and Nagar Haveli and Daman and Diu;
(b) "Administrator" means the Administrator of the Union territory of Dadra
and Nagar Haveli and Daman and Diu appointed by the President under art icle 23 9
of the Constitution;
(c) "force majeur e" means a situation of war , flood, drought, fire, cyclone,
earthquake or any other calamity caused by nature, affecting the habitation of the
tenant in the premises let out on rent;
(d) "landlord", whether called landowner or lessor or by whatever name
called, means a person who receives or is entitled to receive, the rent of any
premises, on his own account, if such premises were let out to a tenant, and shall
include,—
(i) his successor-in-interest; and
(ii) a trustee or guardian or receiver receiving rent for any premises or
is entitled to so receive, on account of or on behalf of or for the benefit of,
any other person such as minor or person of unsound mind who is not
eligible to enter into a contract;
(e) "local authority" means a Village Panchayat or Panchayat Samiti or Zila
Parishad or a Municipal Corporation or a Municipal Council or a Nagar Panchayat
or a Planning or Development Authority , by whatever name called, or the
Cantonment Board, or a civil area committee appointed under section 47 of the
Cantonment Act, 2006 or such other body entitled to function as a local authority
in any city or town, constituted under any law for the time being in force in the
Union territory of Dadra and Nagar Haveli and Daman and Diu;
(f) "notification" means a notification published in the Official Gazette of
the Union territory of Dadra and Nagar Haveli and Daman and Diu;
(g) "premises" means any building or part of a building which is, or is
intended to be, let out on rent for the purpose of residential or commercial use
except for hotel, lodging house, dharamshala, inn and for industrial use and
includes—
(i) garden, garage or closed parking area, vacant land, grounds and
out-houses, if any , appertaining to such building or part of the building;
and
(ii) any fitting to such building or part of the building for the more
beneficial enjoyment thereof;
(h) "prescribed" means prescribed by rules made by the Administrator under
this Regulation;
(i) "property manager" means a person or any legal entity including rental
agent who is authorised by the landlord to manage the premises and who
represents the landlord in his dealings with the tenant;
(j) "rental agent" means any person, who negotiates or acts on behalf of
landlord or tenant or both in a transaction of renting of any premises and receivesDefinitions.
41 of 2006.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 3
remuneration or fees or any other charges for his services whether as a commission
or otherwise and includes a person who introduces, through any medium,
prospective landlord and tenant to each other for negotiation for renting of
premises and includes property dealers, brokers or middlemen, by whatever name
called;
(k) "Rent Authority" means an of ficer appointed as Rent Authority under
section 30;
(l) "Rent Court" means an officer appointed as Rent Court under section 33;
(m) "Rent payable" in relation to any premises means the rent as specified in
sub-section ( 1) of section 8;
(n) "Rent Tribunal" means an officer appointed as Rent Tribunal under
section 34;
(o) "Schedule" means the Schedules annexed to this Regulation;
(p) "sub-tenant" means a person to whom the tenant sub-lets whole or part
of the premises held by him or transfers or assigns his rights accrued under the
tenancy agreement or a supplementary agreement to the existing tenancy
agreement;
(q) "supplementary agreement" means an agreement to the existing tenancy
agreement executed between the landlord and the tenant on matters referred to in
sub-section ( 1) of section 7;
(r) "tenant", whether called lessee or by any other name, means a person by
whom or on whose account or on behalf of whom, the rent of any premises is
payable to the landlord under a tenancy agreement and includes any person
occupying the premises as a sub-tenant and also, any person continuing in
possession after the termination of his tenancy whether before or after the
commencement of this Regulation, but shall not include any person against whom
any order or decree for eviction has been made.
3. (1) Nothing contained in this Regulation shall apply to any ,—
(a) premises owned or promoted by the Central Government or State
Government or the Administration or local authority or a Government undertaking
or enterprise or a statutory body or the Cantonment Board;
(b) premises owned by a company , the University or or ganisation given on
rent to its employees as part of service contract;
(c) premises owned by religious or charitable institutions as may be
specified, by notification by the Administrator;
(d) premises owned by waqf registered under the provisions of
the Waqf Act, 19 95 or by any trust registered under any other law , relating to
public trust, for the time being in force in the Union territory of Dadra and Nagar
Haveli and Daman and Diu for the time being in force; and
(e) other building or category of buildings specifically exempted in public
interest by notification by the Administrator .
(2) Notwithstanding anything contained in sub-section ( 1), if the owner and the
tenant of the premises referred to in clauses ( a) to ( e) of the said sub-section agrees
that the tenancy agreement entered into between such landlord and tenant be regulated
under the provisions of this Regulation, such landlord may inform the Rent Authority
about the agreement to do so at the time of information of the tenancy agreement under
section 4.Regulation not
to apply to
certain
premises.
43 of 1995.
CHAPTER II
TENANCY
4. (1) Notwithstanding anything contained in this Regulation or any other law for
the time being in force in the Union territory of Dadra and Nagar Haveli and Daman and
Diu, no person shall, after the commencement of this Regulation, let out or take on rent
any premises except by an agreement in writing the information of which shall be given
to the Rent Authority , by the landlord and tenant jointly , in the form specified in the
First Schedule within a period of two months from the date of such tenancy agreement.
(2) If the term of the agreement referred to in sub-section ( 1) exceeds eleven
months, then such agreement shall be registered under the provisions of the Registration
Act, 1908.
(3) Where the landlord and the tenant fail to jointly inform the execution of the
tenancy agreement referred to in sub-section ( 1), the landlord and tenant shall separately
inform the execution of such tenancy agreement to the Rent Authority within a period
of one month from the date of expiry of the period referred to in sub-section ( 1).
(4) The Rent Authority may , within a period of three months from the date of its
appointment, put in place a digital platform in the local vernacular language or the
language of the Union territory of Dadra and Nagar Haveli and Daman and Diu, for
enabling submissions of document in such form and manner as may be prescribed.
(5) The Rent Authority may , after receiving information about the execution of
tenancy agreement along with the copy of agreement and the documents specified in
the First Schedule,—
(a) provide a unique identification number to the parties; and
(b) upload details of the tenancy agreement on its website in local vernacular
language or the language of the Union territory of Dadra and Nagar Haveli and
Daman and Diu,
within a period of seven working days from the date of receipt of such information, in
such manner along with such documents as may be prescribed.
(6) The terms of authorisation of the property manager , if any , appointed by the
landlord to deal with the tenant shall be such as agreed to by the landlord and tenant in
that behalf in the tenancy agreement.
(7) The information provided under sub-sections ( 1), (2) and ( 3) shall be conclusive
proof of the facts relating to tenancy and matters connected therewith, and in the
absence of any statement of information, the landlord and the tenant shall not be
entitled to any relief under the provisions of this Regulation.
5. (1) Every tenancy entered into after the commencement of this Regulation shall
be valid for a period as agreed upon between the landlord and the tenant and as specified
in the tenancy agreement.
(2) The tenant may request the landlord for renewal or extension of the tenancy ,
within the period agreed to in the tenancy agreement, and if agreeable to the landlord,
may enter into a new tenancy agreement with the landlord on mutually agreed terms and
conditions.
(3) Where a tenancy for a fixed term ends and has not been renewed or the tenant
fails to vacate the premises at the end of such tenancy , then such tenant shall be liable
to pay such enhanced rent to the landlord as may be provided in the tenancy agreement.
(4) Notwithstanding anything contained in this section, if the term of tenancy
expires at a time when the locality where the premises let out on rent is situated is
affected by any disastrous event of force majeure , then, subject to requisition by the
tenant, the landlord shall allow the tenant to continue in possession of the said premisesTenancy
agreement.
16 of 1908.
Period of
tenancy .
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 5
till a period of one month from the date of cessation of such disastrous event on the
same terms and conditions of the tenancy agreement already entered into.
6.The terms of agreement executed between landlord and tenant, shall be binding
upon their successors in the event of the death of the landlord or tenant and in such
case, the successors of the deceased landlord or tenant shall have the same rights and
obligations as agreed to in the tenancy agreement for the remaining period of such
tenancy .
7. (1) After the commencement of this Regulation, no tenant shall, except by
entering into a supplementary agreement to the existing tenancy agreement,—
(a) sub-let whole or part of the premises held by him as a tenant; and
(b) transfer or assign his rights in the tenancy agreement or any part thereof.
(2) Where the premises is sub-let upon entering into a supplementary agreement
to the existing tenancy agreement as referred to in sub-section ( 1), the landlord and
tenant shall jointly submit such agreement to the Rent Authority in the form specified
in the First Schedule within a period of two months from the date of such agreement.
(3) If the term of the agreement referred to in sub-section ( 1) exceeds eleven
months, then such agreements shall be registered under the provisions of the
Registration Act, 1908.
CHAPTER III
RENT
8. (1) The rent payable in respect of a premises shall be the rent agreed to between
the landlord and the tenant in accordance with the terms of the tenancy agreement.
(2) All rent, deposits and other char ges payable shall be made by either bank
deposit, electronic transfer , cheque, demand draft, postal money order or such other
method as may be prescribed, which can be verified by the Rent Authority , the Rent
Court, the Rent Tribunal and such other authority as may be prescribed.
9. (1) The revision of rent between the landlord and the tenant shall be in
accordance with the terms of the tenancy agreement.
(2) Where, after the commencement of tenancy , the landlord has entered into an
agreement in writing with the tenant prior to the commencement of the work and has
incurred expenditure for carrying out improvement, addition or structural alteration in
the premises occupied by the tenant, which does not include repairs necessary to be
carried out under section 15, the landlord may increase the rent of the premises by an
amount as agreed to between the landlord and the tenant, and such increase in rent
shall become effective within one month after the completion of such work.
10. In case of any dispute between the landlord and tenant regarding revision of
rent, the Rent Authority may , on an application made by the landlord or tenant, determine
the revised rent and other charges payable by the tenant and also fix the date from
which such revised rent becomes payable.
11. (1) The security deposit to be paid by the tenant in advance shall be such as
may be agreed upon between the landlord and the tenant in the tenancy agreement,
which shall,—
(a) not exceed two months' rent, in case of residential premises; and
(b) not exceed six months' rent, in case of non-residential premises.
(2) The security deposit shall be refunded to the tenant on the date of taking over
vacant possession of the premises from the tenant, after making due deduction of any
liability of the tenant.Rights and
obligations of
successor in
case of death.
Restriction on
sub-letting.
16 of 1908.
Rent payable.
Revision of
rent.
Rent
Authority to
determine
revised rent in
case of
dispute.
Security
deposit.
CHAPTER IV
RIGHT AND OBLIGA TIONS OF LANDLORD AND TENANT
12.The tenancy agreement shall be signed in duplicate by both the landlord and
tenant, and each one of such original signed tenancy agreement shall be retained by
the landlord and tenant.
13. (1) Every tenant shall pay rent and other charges payable within such period
as agreed to in the tenancy agreement.
(2) Every landlord or his property manager shall, on receipt of payment towards
rent and other charges payable within the period stipulated in the tenancy agreement
from the tenant, provide forthwith against acknowledgement, a duly signed receipt for
the amount received by him.
(3) Where the payment of rent or other charges is made by the tenant to the
landlord through the electronic mode, the bank acknowledgement thereof shall be
conclusive proof of such payment.
14. (1) Where the landlord refuses to accept any rent and other charges payable
or refuses to give a receipt, the rent and other charges shall be paid to the landlord by
postal money order or any other method, in such manner as may be prescribed,
consecutively for two months, and if the landlord refuses to accept the rent and other
charges within such period, then the tenant may deposit the same with the Rent
Authority in such manner as may be prescribed.
(2) Where the tenant is unable to decide to whom the rent is payable during the
period of tenancy agreement, the tenant may , in such case, deposit the rent with the
Rent Authority in such manner as may be prescribed.
(3) Where the rent is deposited under sub-section ( 1) or sub-section ( 2), the Rent
Authority shall enquire the case as to whom the rent is payable and pass orders as may
deem fit on the basis of the facts of the case.
(4) The withdrawal of rent and other charges payable, deposited under
sub-section ( 1) or sub-section ( 2), shall not by itself operate as an admission against
the landlord or any other claim made by the tenant, if the landlord withdraws it to the
extent of rent agreed upon under the tenancy agreement.
15. (1) Notwithstanding any agreement in writing to the contrary , the landlord
and the tenant shall keep the premises in as good a condition as at the commencement
of the tenancy , except for normal wear and tear , and shall respectively be responsible to
repair and maintain the said premises as specified in the Second Schedule or as agreed
to in the tenancy agreement.
(2) In case of common facilities shared among the tenants or with the landlord, the
respective responsibilities of the tenant and landlord to repair and maintain those
facilities shall be such as may be specified in the tenancy agreement.
(3) If the tenant fails or refuses to carry out the repairs referred to in
sub-section ( 1) or sub-section ( 2), the landlord may carry out the repairs or remove the
additional structure erected by tenant without the consent of tenant and deduct the
amount incurred for such repairs or removal from the security deposit and the amount
so deducted shall be paid by the tenant within a period of one month of issue of notice
by the landlord in that regard.
(4) If the cost for the repairs referred to in sub-section ( 1) or sub-section ( 2)
exceed the security deposit, the tenant shall be liable to pay the excess cost including
the security deposit so deducted to the landlord within a period of one month of the
issue of notice by the landlord in that regard.Original
tenancy
agreement to
be retained by
landlord and
tenant.
Rent and
other charges
payable and
receipt for
payment
thereof.
Deposit of
rent with Rent
Authority .
Repair and
maintenance
of property .
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 7
(5) In case the landlord refuses to carry out the repairs referred to in
sub-section ( 1) or sub-section ( 2), the tenant may carry out such repairs and deduct the
expenditure incurred towards the same from the rent to be paid for the succeeding
months:
Provided that in no case the deduction from rent in any one month shall exceed
fifty per cent. of the agreed rent for a month.
(6) Where the premises is uninhabitable without the repairs and the landlord
refuses to carry out the required repairs, after being called upon by the tenant in writing
to do so, the tenant may abandon the premises after giving the landlord fifteen days'
notice in writing.
(7) Where the premises let out on rent becomes uninhabitable for the tenant due
to an event of force majeure or the tenant is unable to reside due to occurrence of such
event, the landlord shall not charge rent from the tenant until the said premises is
restored by the landlord, subject to the provisions of this section, to be inhabitable.
(8) Where the rented premises becomes uninhabitable as specified in
sub-section ( 6) or sub-section ( 7) and the landlord fails to carry out the required repairs
to make it inhabitable or the said premises could not be made inhabitable, then, the
security deposit and advance rent shall be refunded by the landlord to the tenant
within a period of fifteen days of the expiry of the notice period, after making due
deduction of liability of the tenant, if any .
16. During the existence of tenancy , the tenant shall,—
(a) not intentionally or negligently damage the premises or permit such
damage;
(b) inform in writing the landlord of any damage; and
(c) take reasonable care of the premises and its contents including fitting
and fixtures and keep it reasonably habitable having regard to its condition at the
commencement of tenancy and the normal incidence of living.
17. (1) Every landlord or the property manager may enter the premises let out on
rent after serving a notice, in writing or through electronic mode, to the tenant at least
twenty-four hours before the time of entry under any of the following circumstances,
namely:—
(a) to carry out repairs or replacement or to do or to get work done in the
premises;
(b) to carry out an inspection of the premises for the purpose of determining
whether the premises are in a habitable state; or
(c) for any other reasonable cause for entry specified in the tenancy
agreement.
(2) The notice referred to in sub-section ( 1) shall specify the day , time and reason
for entry:
Provided that no person shall enter the premises before sun rise and after sun set:
Provided further that nothing contained in this section shall prevent the landlord
from entering into the premises let out on rent without prior notice to the tenant in case
of emer gent situations like war , flood, fire, cyclone, earthquake or any other natural
calamity , which may af fect that premises.
18. In case the landlord has engaged a property manager , the landlord shall provide
the following information to the tenant, namely:—
(a) name of the property manager;Tenant to
look after
premises.
Entry into
premises.
Information
as to property
manager .
(b) proof that such property manager has been authorised by the landlord;
(c) specific purposes for which the property manager has been authorised
by the landlord and the period of such authorisation; and
(d) if the property manager is a legal entity , the name of the entity and the
person authorised in this behalf by that legal entity who may be contacted in
relation to the tenancy agreement.
19. (1) The duties of the property manager shall include the following, namely:—
(a) to collect rent against receipt;
(b) to do essential repairs on behalf of the landlord;
(c) to inspect the premises from time to time;
(d) to give notices to tenant for ,—
(i) proper maintenance of the premises;
(ii) delay in payment of rent;
(iii) revision of rent;
(iv) vacation of premises; and
(v) renewal of tenancy;
(e) to help in resolution of disputes among tenants and between the landlord
and tenant; and
(f) any other matters relating to tenancy to be acted upon only on the
instructions of the landlord.
(2) Where the property manager acts, in contravention of the provisions of
sub-section ( 1) or against the instructions of the landlord, the Rent Authority may , on
an application made to it by the landlord or tenant in that behalf, remove the property
manager or impose such costs on the property manager so as to compensate any loss
incurred by the landlord or tenant due to such contravention.
20. (1) No landlord or property manager shall, either by himself or through any
other person, withhold any essential supply or service in the premises occupied by the
tenant.
(2) In case of contravention of provisions of sub-section ( 1) and on application
made by the tenant in this behalf, the Rent Authority after examining the matter , may
pass an interim order directing the restoration of supply of essential services immediately
on service of such order upon the landlord or property manager , pending the enquiry
referred to in sub-section ( 3).
(3) The Rent Authority shall conduct an enquiry in respect of the application
made by the tenant under sub-section ( 2), and complete the enquiry within one month
of filing such application.
(4) Any such enquiry or its outcome as referred to in sub-section ( 3) shall not
affect the terms of the tenancy agreement or the period of tenancy as mentioned in
sections 4 and 5.
(5) The Rent Authority may , after giving an opportunity of being heard, award a
compensation not exceeding two months' rent to be paid by the person responsible for
withholding the essential supply , so as to compensate the loss incurred.
(6) The Rent Authority may levy a penalty of a sum not exceeding twice the
monthly rent to the tenant, if it finds that the application was frivolous or vexatious.
(7) For the purposes of this section, the term "essential services" includes supply
of water , electricity , piped cooking gas supply , lights in passages, lifts and on staircase,
conservancy , parking, communication links, sanitary services and security fixtures and
features.Duties of
property
manager and
consequences
of violation of
duties.
Withholding
essential
supply or
service.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 9
CHAPTER V
EVICTION AND RECOVERY OF POSSESSION OF PREMISES BY LANDLORD
21. (1) A tenant shall not be evicted during the continuance of tenancy agreement
unless otherwise agreed to in writing by the landlord and tenant, except in accordance
with the provisions of sub-section ( 2) or in accordance with the provisions of
section 22.
(2) The Rent Court may , on an application made to it by the landlord in such
manner as may be prescribed, make an order for eviction and recovery of possession of
the premises on one or more of the following grounds, namely:—
(a) that the tenant does not agree to pay the rent payable under
sub-section ( 1) of section 8;
(b) that the tenant has not paid the arrears of rent and other charges payable
in full as specified in sub-section ( 1) of section 13 for two consecutive months,
including interest for delayed payment as may be specified in the tenancy
agreement within a period of one month from the date of service of notice of
demand, for payment of such arrears of rent and other charges payable to the
landlord, in the manner provided in sub-section ( 4) of section 106 of
the Transfer of Prop erty Act, 1882;
(c) that the tenant has, after the commencement of this Regulation, parted
with the possession of whole or any part of the premises without obtaining the
written consent of the landlord;
(d) that the tenant has continued to misuse the premises even after receipt
of notice from the landlord to desist from such misuse;
(e) where it is necessary for the landlord to carry out any repair or
construction or rebuilding or addition or alteration or demolition in respect of the
premises or any part thereof, which is not possible to be carried out without the
premises being vacated:
Provided that after such repair , construction, rebuilding, addition or
alteration, the tenant may be allowed to reoccupy the premises only when it has
been mutually agreed to between the landlord and the tenant and a new tenancy
agreement has been submitted with the Rent Authority and if the term of such
agreement exceeds eleven months, then such agreement shall be registered under
the provisions of the Registration Act, 1908:
Provided further that the tenant shall not be allowed to reoccupy the
premises ,—
(i) in the absence of submission of such mutual tenancy agreement
with the Rent Authority; and
(ii) in cases where the tenant has been evicted under the orders of a
Rent Court;
(f) that the premises or any part thereof is required by the landlord for
carrying out any repairs, construction, rebuilding, additions, alterations or
demolition, for change of its use as a consequence of change of land use by the
competent authority;
(g) that the tenant has given written notice to vacate the premises let out on
rent and in consequence of that notice, the landlord has contracted to sell the
said premises or has taken any other step, as a result of which his interests would
seriously suffer if he is not put in possession of that premises; and
(h) that the tenant has carried out any structural change or erected any
permanent structure in the premises let out on rent without the written consent of
the landlord.Eviction and
recovery of
possession of
premises by
landlord.
4 of 1882.
16 of 1908.
(3) No order for eviction of the tenant on account of failure to pay the rent
specified in clause ( b) of sub-section ( 2) shall be made, if the tenant makes payment to
the landlord or deposits with the Rent Court the arrears of rent and other charges
payable, if any , including interest within one month from the date of service of the said
demand notice upon him.
(4) Where the tenant fails to pay rent consecutively for two months subsequent
to the grant of the relief specified in sub-section ( 3) in any one year , then the tenant
shall not be entitled to such relief again.
(5) In any proceedings for eviction under clause ( e) of sub-section ( 2), the Rent
Court may allow eviction from only a part of the premises, if the landlord agrees for the
same.
(6) For the purposes of this section, the expressions ,—
(i) "competent authority" means any Authority which provides permission
on matters relating to repair or redevelopment or demolition of building or
permission for change in land use; and
(ii) "misuse the premises" means encroachment of additional space by the
tenant or use of premises which causes public nuisance or causes damage to the
property or is detrimental to the interest of the landlord or for immoral or illegal
purposes.
22. (1) Notwithstanding anything contained in this Regulation or any other law
for the time being in force in the Union territory of Dadra and Nagar Haveli and Daman
and Diu, in case of death of the landlord, where there is a bona fide requirement of the
premises let out on rent by the legal heirs of the landlord during the period of tenancy ,
such legal heirs may file an application in this behalf for eviction and recovery of
possession of the said premises before the Rent Court in such form and manner , as may
be prescribed.
(2) The Rent Court may , on an application made to it under sub-section ( 1), if it is
satisfied that the legal heirs of the deceased landlord are in bona fide requirement of the
premises let out on rent, pass necessary orders against the tenant for handing over
vacant possession of the said premises to the legal heirs of the deceased landlord.
23. Where the tenant fails to vacate the premises let out on rent in accordance
with the tenancy agreement on the expiration of the period of tenancy or termination of
tenancy by an order or notice under the provisions of this Regulation, such tenant shall
be liable to pay the landlord twice the monthly rent for the first two months and four
times the monthly rent thereafter till the tenant continues to occupy the said premises.
24. (1) Where a landlord exercises the right of recovery of possession under
sub-section ( 2) of section 21 or under section 22, and he had received any rent or any
other payment in advance from the tenant, he shall before recovery of possession,
refund to the tenant such amount after deducting the rent and other charges due to him.
(2) If the landlord fails to make any refund, he shall be liable to pay simple interest
to the tenant at such rate as may be prescribed from time to time on the amount which
he has omitted or failed to refund.
25. In any proceedings for recovery of possession on any ground other than that
referred to in clause ( a) or clause ( b) of sub-section ( 2) of section 21, where the
tenant contests the claim for eviction, the landlord may at any stage of the proceedings
apply to the Rent Court to direct the tenant to pay him the rent payable, as under
sub-section ( 1) of section 8 and the Rent Court may order the tenant to make such
payment and all other char ges due from the tenant along with penal char ges, if any , due
to delay in payment, in accordance with the provisions of this Regulation.Eviction and
recovery of
possession of
premises in
case of death
of landlord.
Enhancement
of rent in case
of refusal by
tenant to
vacate.
Refund of
advance rent
by landlord.
Payment of
rent during
eviction
proceedings.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 11
26. (1) The tenant shall not carry out any structural change or erect any permanent
structure in the premises let out on rent without the written consent of the landlord.
(2) In case of any additional structures which were made or erected in the premises
by the tenant without the written consent of the landlord, it shall be the responsibility
of such tenant to remove such additional structures.
(3) Where the landlord proposes to make any improvement in or construct any
additional structure on any premises which has been let out to a tenant and the tenant
refuses to allow the landlord to make such improvement or construct such additional
structure, the landlord may make an application in this behalf to the Rent Court.
(4) On an application made by the landlord under sub-section ( 3), if the Rent
Court is satisfied that the landlord is ready and willing to commence the work which is
necessary , it may permit the landlord to do such work and may make such other order as
it may deem fit:
Provided that such improvement or additional structure shall not decrease or
diminish or deteriorate the accommodation or housing services in the premises which
may cause undue hardship to the tenant.
27. (1) Notwithstanding anything contained in section 21 or section 22, where
any premises let out for rent comprises vacant land, upon which it is permissible under
the municipal bye-laws for the time being in force, to erect any building whether for
residential or for any other purpose, and the landlord who intends to erect such building
is unable to obtain possession of the same from the tenant on the basis of the tenancy
agreement, the landlord or , in case of death of the landlord, his legal heirs, may file an
application in this behalf, in such form and manner as may be prescribed, before the
Rent Court.
(2) The Rent Court may , on receipt of the application referred to in
sub-section ( 1), if it is satisfied that the landlord is or , as the case may be, his legal heirs
are ready and willing to commence the work and that the severance of the vacant land
from the rest of the premises shall not cause undue hardship to the tenant,—
(a) direct such severance after such enquiry as it may deem fit;
(b) place the landlord in possession of the vacant land;
(c) determine the rent payable by the tenant in respect of the rest of the
premises; and
(d) make such other orders as it may deem fit in the circumstances of the
case.
28. Notwithstanding anything contained in any other law for the time being in
force in the Union territory of Dadra and Nagar Haveli and Daman and Diu, where the
interest of a landlord or in case of death of the landlord, of his legal heirs in any
premises is determined for any reason whatsoever and any order is made by the Rent
Court under this Regulation for the recovery of possession of such premises, such
order shall, subject to the provisions of sub-section ( 3) of section 21, be binding on all
occupants who may be in occupation of the premises and vacant possession thereof
shall be given by all such occupants to the landlord or to the legal heirs of the landlord.
29. Notwithstanding anything contained in any other law for the time being in
force in the Union territory of Dadra and Nagar Haveli and Daman and Diu, a tenant may
give up possession of the premises on giving such written notice as is required under
the tenancy agreement and in the absence of any stipulation relating to such notice, the
tenant shall give notice to the landlord at least one month before giving up possession
of the premises.Permission to
build
additional
structures.
Special
provision
regarding
vacant land.
Vacant
possession to
landlord.
Provisions
regarding
notice of
giving up
possession by
tenant.
CHAPTER VI
RENT AUTHORITIES , THEIR POWERS AND APPEALS
30. The District Collector or the District Magistrate shall, with the previous approval
of the Administrator , appoint an of ficer , not below the rank of Deputy Collector , to be
the Rent Authority within his jurisdiction.
31. The Rent Authority shall have all the powers as are vested in the Rent Court
under this Regulation and the procedure as laid down in sections 35 and 36 shall also be
applicable to it.
32. Any person aggrieved by the order of the Rent Authority may prefer an
appeal to the Rent Court having territorial jurisdiction within a period of thirty days
from the date of the order of the Rent Authority:
Provided that the Rent Court may entertain the appeal after expiry of the said
period of thirty days if it is satisfied that the appellant was prevented by a sufficient
cause from preferring the appeal in time.
CHAPTER VII
RENT COUR TS AND RENT TRIBUNALS
33. The District Collector or the District Magistrate shall, with the previous approval
of the Administrator , appoint Additional Collector or Additional District Magistrate or
an officer of equivalent rank well versed in quasi-judicial functions, to be the Rent
Court for the purposes of this Regulation, within his jurisdiction.
34. The Administrator may , in consultation with the jurisdictional High Court, by
notification, appoint District Judge or Additional District Judge as the Rent Tribunal in
each District.
35. (1) Save as provided in this section, nothing contained in the Code of Civil
Procedure, 1908 shall apply to the Rent Courts and the Rent Tribunals, which shall be
guided by the principles of natural justice and shall have power to regulate their own
procedure in the following manner , namely:—
(a) the landlord or the tenant may file an appeal before the Rent Court or the
Rent Tribunal accompanied by affidavit and documents, if any;
(b) the Rent Court or the Rent Tribunal shall then issue notice to the opposite
party , accompanied by copies of appeal, af fidavit and documents;
(c) the opposite party shall file a reply accompanied by affidavit and
documents, if any , after serving a copy of the same to the applicant;
(d) the applicant may file a rejoinder , if any , after serving the copy to the
opposite party; and
(e) the Rent Court or the Rent Tribunal shall fix a date of hearing and may
hold such summary inquiry as it deems necessary .
(2) The Rent Court or the Rent Tribunal shall endeavour to dispose the case as
expeditiously as possible, not exceeding a period of sixty days from the date of receipt
of the appeal:
Provided that where any such appeal could not be disposed of within the said
period of sixty days, the Rent Court or the Rent Tribunal shall record its reasons in
writing for not disposing of the appeal within that period.
(3) In every appeal, before the Rent Court or the Rent Tribunal, the evidence of a
witness shall be given by an affidavit:Rent
Authority .
Powers and
procedure of
Rent
Authority .
Appeals.
Rent Court.
Rent Tribunal.
Procedure to
be followed in
Rent Court
and Rent
Tribunal.5 of 1908.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 13
Provided that the Rent Court or the Rent Tribunal may , where it appears to it that
it is necessary in the interest of justice to call a witness for examination or
cross-exam ination, order attendance of such witness to be present for examination or
cross-examination.
(4) The provisions of the Code of Civil Procedure, 1908 regarding service of
summons shall be applicable mutatis mutandis for service of notice by the Rent Court
or Rent Tribunal.
(5) Every appeal before the Rent Court or the Rent Tribunal shall be in such form
and manner as may be prescribed.
(6) The Rent Authority or the Rent Court or the Rent Tribunal shall not allow more
than three adjournments at the request of a party throughout the proceedings and in
case of reasonable and sufficient cause to do so, it shall record the reasons for the same
in writing and order the party requesting adjournment to pay a reasonable cost.
(7) Every application under clauses ( a), (b), (e), (f) and ( g) of sub-section ( 2) of
section 21 or under section 22 shall be decided within ninety days from the date of filing
of such application in the Rent Court.
(8) The Rent Court shall decide every application filed under clauses ( c) and ( d) of
sub-section ( 2) of section 21 within a period of thirty days from the date of filing of
such application.
36. (1) The Rent Court and the Rent Tribunal shall, while discharging their
functions under this Regulation, have the same powers as are vested in a civil court
under the Code of Civil Procedure, 1908 for the purposes of,—
(a) summoning and enforcing the attendance of any person and examining
him on oath;
(b) requiring the discovery and production of documents;
(c) issuing commissions for examination of the witnesses or documents;
(d) issuing commission for local investigation;
(e) receiving evidence on affidavits;
(f) dismissing an appeal for default or deciding it ex parte ;
(g) setting aside any order of dismissal of any appeal for default or any
other order passed by it ex parte ;
(h) execution of its orders and decisions under this Regulation without
reference to any civil court;
(i) reviewing its orders and decisions;
(j) revision of orders and decisions of the Rent Authority and the Rent
Court; and
(k) any other matter , which may be prescribed.
(2) Any proceedings before the Rent Court or the Rent Tribunal shall be deemed
to be a judicial proceeding within the meaning of sections 193 and 228, and for the
purpose of section 196 of the Indian Penal Code, and the Rent Court and the Rent
Tribunal shall be deemed to be a civil court for the purposes of section 195 and Chapter
XXVI of the Code of Criminal Procedure, 1973.
(3) For the purposes of holding any inquiry or discharging any duty under this
Regulation, the Rent Court may ,—
(a) after giving not less than twenty-four hours' notice in writing, enter and
inspect or authorise any of ficer, subordinate to it, to enter and inspect, any premises
at any time between sunrise and sunset; andPowers of
Rent Court
and Rent
Tribunal.5 of 1908.
5 of 1908.
45 of 1860.
2 of 1974.
(b) by written order , require any person to produce for its inspection such
books or documents relevant to the inquiry , at such time and at such place as may
be specified in the order .
(4) The Rent Court may , if it thinks fit, appoint one or more persons having special
knowledge of the matter under consideration as an assessor or valuer to advise it in the
proceeding before it.
(5) Any clerical or arithmetical mistake in any order passed by the Rent Court or
any other error arising out of any accidental omission may , at any time, be corrected by
the Rent Court on an application received by it in this behalf from any of the parties or
otherwise.
(6) An order made by a Rent Court or an order passed in appeal or revision or
review under this Chapter shall be executable by the Rent Court as a decree of a civil
court and for this purpose, the Rent Court shall have the same powers of a civil court.
(7) The Rent Court may set aside any order passed ex parte , if the aggrieved party
files an application and satisfies it that notice was not duly served or that he was
prevented by any sufficient cause from appearing when the case was taken up for
hearing.
(8) Save as otherwise expressly provided in this Regulation, every order made by
the Rent Court shall, subject to decision in appeal, be final and shall not be called in
question in any original suit, application or execution proceedings.
37. (1) Any person aggrieved by an order passed by the Rent Court, may prefer an
appeal along with a certified copy of such order to the jurisdictional Rent Tribunal
within the local limits of which the premises is situated, within a period of thirty days
from the date of that order:
Provided that the Rent Tribunal may entertain the appeal after expiry of the said
period of thirty days, if it is satisfied that the appellant was prevented by a sufficient
cause from preferring the appeal in time.
(2) The Rent Tribunal, upon filing an appeal under sub-section ( 1) shall serve
notice, along with a copy of appeal to the respondent and fix a hearing not later than
thirty days from the date of service of notice of such appeal on the respondent and the
same shall be disposed of within a period of sixty days from such date of service.
(3) Where the Rent Tribunal considers it necessary in the interest of arriving at a
just and proper decision, it may allow documents at any stage of the proceedings in
appeal:
Provided that no such document shall be allowed more than once during the
hearing.
(4) The Rent Tribunal may , in its discretion, pass such interlocutory order during
the pendency of the appeal, as it may deem fit.
(5) While deciding the appeal, the Rent Tribunal may , after recording reasons
therefor , confirm, set aside or modify the order passed by a Rent Court.
38. (1)The Rent Court shall, on an application filed by any party , execute an
order of a Rent Court or a Rent Tribunal or any other order made under this Regulation,
in such manner as may be prescribed, by—
(a) delivering possession of the premises to the person in whose favour the
decision has been made;
(b) attaching one or more bank accounts of the opposite party for the purpose
of recovering the amount specified in such order; andAppeal to
Rent Tribunal.
Execution of
order .
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 15
(c) appointing any advocate or any other competent person including
officers of the Rent Court or local administration or local body for the execution of
such order .
(2) The Rent Court may seek assistance from the Local Government or local body
or the local police during the execution of the final orders:
Provided that no applicant shall obtain police help unless he pays such costs as
may be decided by the Rent Court.
(3) The Rent Court shall conduct the execution proceedings, in relation to its
order or an order of a Rent Tribunal or any other order passed under this Regulation, in
a summary manner and dispose of the application for execution made under this section
within a period of thirty days from the date of service of notice on opposite party .
CHAPTER VIII
MISCELLANEOUS
39. (1) The Administrator may , in consultation with the Rent Authority or the Rent
Court or the Rent Tribunal, determine the nature and categories of officers and other
employees as it considers necessary and appoint such officers and other employees for
the efficient discharge of their functions under this Regulation.
(2) The method of appointment of officers and employees and the terms and
conditions of their service shall be such as may be prescribed.
40. (1) Save as otherwise provided in this Regulation, no civil court shall entertain
any suit or proceeding in so far as it relates to the provisions of this Regulation.
(2) The jurisdiction of the Rent Court shall be limited to tenancy agreement
submitted to it as specified in the First Schedule and shall not extend to the question of
title or ownership of the premises.
41. (1)The provisions of the Court Fees Act, 1870 shall apply in respect of
applications or appeals to be presented before the Rent Authority or the Rent Court or
the Rent Tribunal, as the case may be.
(2) For the purposes of computation of court fees, the application for recovery of
possession made to the Rent Court and the memorandum of appeals presented before
the Rent Tribunal, shall be deemed to be a suit between the landlord and the tenant.
(3) The court fees for the application filed before the Rent Authority shall be same
as that of an interlocutory application presented in a civil court.
42. Every member of Rent Authority , the Rent Court and the Rent Tribunal
appointed under this Regulation shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code.
43. No suit, prosecution or other legal proceeding shall lie against any person,
Rent Authority , the Rent Court or the Rent Tribunal in respect of anything which is in
good faith done or intended to be done in pursuance of this Regulation.
44. Save as otherwise provided, the provisions of this Regulation shall be in
addition to and not in derogation of any other law for the time being in force in the
Union territory of Dadra and Nagar Haveli and Daman and Diu.
45. (1) The Administrator may , subject to the condition of previous publication,
make rules not inconsistent with the provisions of this Regulation for carrying out the
purposes of this Regulation.
(2) In particular , and without prejudice to the generality of the foregoing power ,
such rules may provide for all or any of the following matters, namely:—Officers and
other
employees of
Rent
Authority ,
Rent Court
and Rent
Tribunal.
Jurisdiction of
civil courts
barred in
respect of
certain
matters.
Court fees.
Members, etc.,
to be public
servants.
Protection of
action taken
in good faith.
Regulation in
addition to
and not in
derogation of
any other law .
Power to
make rules.7 of 1870.
45 of 1860.
(a) the form and manner for submission of documents under sub-section ( 4)
of section 4;
(b) the manner of providing of unique identification number and uploading
details of the tenancy agreement by the Rent Authority and with such documents
under sub-section ( 5) of section 4;
(c) the method of payment of rent, deposits and other charges and the mode
of verification of the same by the authority under sub-section ( 2) of section 8;
(d) the manner of payment of rent and other charges and the manner of
deposit of rent and other charges, if the landlord refuses to accept the rent and
other charges under sub-section ( 1) of section 14;
(e) the manner of depositing of rent by the tenant with the Rent Authority
under sub-section ( 2) of section 14;
(f) the manner of making an application to the Rent Court by the landlord
under sub-section ( 2) of section 21;
(g) the form and manner of filing an application by the legal heirs of the
deceased landlord for eviction and recovery of the possession under
sub-section ( 1) of section 22;
(h) the rate of interest to be payable by the landlord to the tenant in case
such landlord fails to make any refund under sub-section ( 2) of section 24;
(i) the form and manner of filing an application by the landlord or his legal
heirs in case the landlord is unable to obtain the possession from tenant for
erection of buildings under sub-section ( 1) of section 27;
(j) the form and manner of filing an appeal before the Rent Court under
sub-section ( 5) of section 35;
(k) the powers to be exercised by the Rent Court on any other matter under
clause ( k) of sub-section ( 1) of section 36;
(l) the manner of execution of an order issued by a Rent Court or a Rent
Tribunal under sub-section ( 1) of section 38;
(m) the method of appointment of officers and employees to the Rent
Authority , the Rent Court and the Rent Tribunal and the terms and conditions of
their service under sub-section ( 2) of section 39; and
(n) any other matters which is required to be, or may be, prescribed or in
respect of which provision is to be made, by rules.
46. Every rule made under this Regulation shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total period of
thirty days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the session or
the successive sessions aforesaid, both Houses agree for making any modification in
the rule or both Houses agree that the rule should not be made, the rule shall thereafter
have ef fect only in such modified form or be no ef fect, as the case may be; so, however ,
that any such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.
47. (1) If any difficulty arises in giving effect to the provisions of this Regulation,
the Administrator may , by order published in the Of ficial Gazette, not inconsistent with
the provisions of this Regulation, remove the dif ficulty .
(2) No order as referred to in sub-section ( 1) shall be made after the expiry of a
period of two years from the date of commencement of this Regulation.
(3) Every order made under this section shall be laid, as soon as may be after it is
made, before each House of Parliament.Laying of
rules.
Power to
remove
difficulties.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 17
48.(1) The Goa, Daman and Diu Building (Lease, Rent and Eviction) Control Act,
1968 (hereafter in this section referred to as the repealed Act) and the rules made
thereunder are hereby repealed.
(2) Notwithstanding such repeal, or cases and other proceedings made under the
repealed Act and the rules made thereunder , at the commencement of this Regulation,
shall be continued and disposed of in accordance with the provisions of the repealed
Act and the Rules made thereunder as if that Act had continued to be in force and this
Regulation had not been promulgated.
(3) The mention of particular matters referred to in sub-section ( 2) shall not be
held to prejudice or affect the general application of section 6 of the General Clauses
Act, 1897 with regard to the effect of repeal.Repeal and
savings. 2 of 1969.
10 of 1897.
THE FIRST SCHEDULE
[See section 4( 1)]
FORM FOR INFORMA TION OF TENANCY/SUB-TENANCY
To
The Rent Authority _________________
______________________
______________________ (Address)
1.Name and address of the landlord : _________________
2.Name and address of the Property Manager (if any) : _________________
3.Name(s) and address of the tenant, including e-mail
and contact details : _________________
4.Description of previous tenancy , if any : _________________
5.Description of premises let out to the tenant including
appurtenant land, if any : _________________
6.Date from which possession is given to the tenant : _________________
7.Rent payable as in sub-section ( 1) of section 8 : _________________
8.Furniture and other equipment provided to the tenant : _________________
9.Other charges payable—
(a) electricity : _________________
(b) water : _________________
(c) extra furnishing, fittings and fixtures, and : _________________
(d) other services : _________________
10.Attach rent or lease or tenancy agreement : _________________
11.Duration of tenancy (Period for which let out) : _________________
12.Permanent Account Number (P AN) of landlord : _________________
13.Aadhaar number of landlord : _________________
14.Mobile Number and e-mail id of landlord (if available) : _________________
15.Permanent Account Number (P AN) of tenant : _________________
16.Aadhaar number of tenant : _________________
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 19
17.Mobile Number and e-mail id of tenant : _________________
18.Permanent Account Number (P AN) of Property
Manager (if any) : _________________
19.Aadhaar number of Property Manager (if any) : _________________
20.Mobile Number and e-mail id of Property Manager
(if any) : _________________
Name and signature of landlord Name and signature of tenant
Photograph of Photograph of
landlord tenant
Enclosed:
1.Tenancy Agreement.
2.Self-attested copies of P AN and Aadhaar of landlord.
3.Self-attested copies of P AN and Aadhaar of tenant.
THE SECOND SCHEDULE
[See section 15( 1)]
DIVISION OF MAINTENANCE RESPONSIBILITY BETWEEN THE LANDLORD AND THE TENANTS
Unless otherwise agreed in the tenancy agreement, the landlord shall be responsible for
repairs relating to matters falling under Part A and the tenant shall be responsible for matters
falling under Part B.
PART A
Responsibilities of the Landlord
1.Structural repairs except those necessitated by damage caused by the tenant.
2.Whitewashing of walls and painting of doors and windows.
3.Changing and plumbing pipes when necessary .
4.Internal and external electrical wiring and related maintenance when necessary .
PART B
Periodic repairs to be got done by the tenant.
1.Changing of tap washers and taps.
2.Drain cleaning.
3.Water closet repairs.
4.Wash Basin repairs.
5.Bath tub repairs.
6.Geyser repairs.
7.Circuit breaker repairs.
8.Switches and socket repairs.
9.Repairs and replacement of electrical equipment except major internal and external
wiring changes.
10.Kitchen fixtures repairs.
11.Replacement of knobs and locks of doors, cupboard, windows, etc.
12.Replacement of fly-nets.
13.Replacement of glass panels in windows, doors, etc.
14.Maintenance of gardens and open spaces let out to or used by the tenant.
————
DROUP ADI MURMU,
President.
————
S.K.G . RAHA TE,
Secretary to the Govt. of India.20 THE GAZETTE OF INDIA EXTRAORDINAR Y[PART II— S EC. 1]
MGIPMRND—421GI(S3)—24-1 1-2023.UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICA TIONS, DELHI–1 10054.
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