Full Text
THE LAKSHADWEEP TENANCY REGULA TION, 2023
NO. 4 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 Lakshadweep Tenancy Regulation, 2023.
(2) It extends to the whole of the Union territory of Lakshadweep.
(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
Lakshadweep;Short title,
extent and
commencement.
Definitions.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. 40] NEW DELHI, FRIDA Y, NOVEMBER 24, 2023/AGRAHA YANA 3, 1945 (SAKA)
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(b) “Administrator” means the Administrator of the Union territory of
Lakshadweep appointed by the President under article 239 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 Dweep Panchayat or District Panchayat or
a Planning or Development Authority , by whatever name called;
(f) “notification” means a notification published in the Official Gazette of the
Union territory of Lakshadweep;
(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, 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 receives 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 sec tion 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;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 3
(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 the Administration
or local authority or a government undertaking or enterprise or a statutory body;
(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, 1995 or by any trust registered under any other law , relating to public trust,
for the time being in force in the Union territory of Lakshadweep 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.
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 Lakshadweep, 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 Lakshadweep for enabling submissions of document in such form
and manner as may be prescribed.Regulation not
to apply to
certain
premises.
43 of 1995.
Tenancy
agreement.
16 of 1908.
(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 Lakshadweep,
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 premises 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 the 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 agreement shall be registered under the provisions of the Registration Act, 1908.Period of
tenancy .
Rights and
obligations of
successor in
case of death.
Restriction on
sub-letting.
16 of 1908.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 5
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.
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 acknowledgment thereof shall be conclusive proof
of such payment.Rent payable.
Revision of
rent.
Rent Authority
to determine
revised rent in
case of dispute.
Security
deposit.
Original
tenancy
agreement to
be retained by
landlord and
tenant.
Rent and
other charges
payable and
receipt for
payment
thereof.
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.
(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 .Deposit of
rent with Rent
Authority .
Repair and
maintenance
of property .
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 7
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 affect 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;
(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.Tenant to
look after
premises.
Entry into
premises.
Information
as to property
manager .
Duties of
property
manager and
consequences
of violation of
duties.
(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 af fect
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.
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 Property 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:Withholding
essential
supply or
service.
Eviction and
recovery of
possession of
premises by
landlord.
4 of 1882.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 9
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.
(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 char ges 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 Lakshadweep, 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.16 of 1908.
Eviction and
recovery of
possession of
premises in
case of death
of 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
charges due from the tenant along with penal char ges, if any , due to delay in payment, in
accordance with the provisions of this Regulation.
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 laws
for the time being in force in the Union territory of Lakshadweep, 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.Enhancement
of rent in case
of refusal by
tenant to
vacate.
Refund of
advance rent
by landlord.
Payment of
rent during
eviction
proceedings.
Permission to
build
additional
structures.
Special
provision
regarding
vacant land.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 11
28.Notwithstanding anything contained in any other law for the time being in force
in the Union territory of Lakshadweep, 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 Lakshadweep, 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.
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 application or 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;Vacant
possession to
landlord.
Provisions
regarding
notice of
giving up
possession by
tenant.
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.
(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 as the case may be, 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:
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-examination,
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 the 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.5 of 1908.
Powers of
Rent Court
and Rent
Tribunal.5 of 1908.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 13
(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; and
(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 the 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.45 of 1860.
2 of 1974.
Appeal to
Rent Tribunal.
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; and
(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 the 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, the
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
Lakshadweep.Execution of
order .
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.7 of 1870.
Protection of
action taken
in good faith.
Regulation in
addition to and
not in
derogation of
any other law .45 of 1860.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 15
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:—
(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 su b-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 secti on 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 of ficers 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 effect only in such modified
form or be of 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.Power to
make rules.
Laying of
rules.
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.Power to
remove
difficulties.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 17
THE FIRST SCHEDULE
[See section 4( 1)]
FORM FOR INFORMA TION OF 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 : _________________
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.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 19
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.
MGIPMRND—422GI(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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