RAJASTHAN RENT CONTROL ACT 2001 PDF

Tenants need only one protection, eviction without adequate notice. All over India, tenants have become defacto owners of the property with draconian laws simply gifting property to them. If India is to become a capitalist country, it is high time similar laws are adopted for the entire nation. It is really an insult to our intelligence that a landlord needs to prove that he needs his property for evicting a tenant while tenant does not need to prove any damn thing. He may be having dozens of property, may be rich and yet, courts will not ask him asto why he should continue to possess the property. The existing laws are de facto communistisc laws which ought to have been scraped decades ago.

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Amended by Rajasthan Act No. Short title, extent and commencement. The State Government has sent positive response on the above model law to the Union of India as the model draft is in the interest of both the tenants and the landlords. At present, there is no provision in the Rajasthan Rent Control Act, regarding depositing id rent during pendency of a petition or an appeal under the said Act.

In absence of such a provision, the landlord suffers loss of timely payment of rent during the pendency of a petition or an appeal. Civil Writ Petition No. Accordingly, the petitioner in the above writ petition filed a representation before the Government.

After considering the representation, it is considered proper to make provisions vide clause 5 enabling the Rent Tribunal to order payment of rent during the pendency of a petition or an appeal under the Act. The Bill seeks to achieve the aforesaid objectives.

Hence the Bill. Rent to be as agreed. Payment and remittance of rent by tenant. Chapter - II Revision of Rent 6. Revision of rent in respect of existing tenancies. Such tent shall further be liable to he increased at similar rate and merged in similar manner till the tenancy subsists. Revision of rent in respect of new tenancies. Such rent shall further be liable to be increased at the similar rate and merged in similar manner till the tenancy subsists. Chapter III Tenancy 8.

Limited period tenancy. However, such permission shall not be granted for more than three times for he same premises: Provided that the certificate for recovery of possession issued in this section shall lapse if petition for execution thereof has not been filed before the Tribunal within six months Irons the date such certificate becomes executable. Eviction of tenants. Right of landlord to recover immediate possession in certain cases. Restoration of possession of illegally dispossessed tenant.

Procedure for recovery of possession. The service of notice shall be effected through process server of the Tribunal or the Civil Court as well as by registered post, acknowledgment due. Notice duly served by any of these modes shall he treated as sufficient service. The petitioner may file rejoinder, if any, after serving copy of the same on the landlord, within a period of seven days from the date of service of reply.

The Rent Tribunal shall thereafter fix a date of hearing, which shall not be later than fifteen days from the date fixed for filing of rejoinder. The petition shall he disposed of within a period of ninety days from the date of service of notice on the landlord. The Tribunal may also award adequate compensation to the tenant for the hardship and inconvenience caused to him looking to the facts and circumstances of the case which shall be payable by landlord and the Tribunal shall issue a certificate for recovery of immediate possession.

Constitution of Rent Tribunal. Procedure for revision of rent. The opposite party may file reply, affidavits and documents after serving the copies of the same on the petitioner, within a period not exceeding thirty days from the date of service of notice.

The service of notice shall be effected through process server of the Tribunal or Civil Court as well as by registered post, acknowledgment due. Notice duly served by any of these methods shall be treated as stuff iciest service. The petition shall be disposed of within a period of one hundred and fifty days from the date of service of notice on the tenant. Procedure for eviction of tenant. The service of notice shall be effected through process server of the Tribunal or Civil Coup as well as by registered post, acknowledgment due Notice duly served by any of these methods shall be treated as sufficient service.

The petition shall be disposed of within a period of two hundred and forty days from the dale of service of notice on the tenant. Procedure for recovery of immediate possession. Notice duly served by any of these methods shall be treated as sufficient service.

The petitioner may life rejoinder, if any, after serving copy of the same on the tenant within a period of fifteen days from the date of service of reply. Fixing of date of appearance of parties before Appellate Rent Tribunal and supply of copies of final order. The date so fixed shall be mentioned in the final order passed by the Rent Tribunal and copy of the final order shall, immediately after the pronouncement of the order, he delivered to the party against whom the same is made and if the final order is partly against one party and partly against other party and both the parties may prefer appeal against the final order, the copy of the final order shall be delivered to both the parties.

The copy of the final order shall hear the endorsement under the seal of the Presiding Officer that the same is being supplied under this provision and party preferring an appeal may file such a copy alongwith his appeal. Jurisdiction of Rent Tribunal. Appellate Rent Tribunal, Appeals and limitation thereof. If the respondent fails to appear on the date so fixed before the Appellate Rent Tribunal, he may be proceeded against ex parte in case the final order under Sec.

Where, however, the Appellate Rent Tribunal otherwise considers it necessary so to do in the interest of justice in the facts of the case, it may issue notice of appeal to the respondent in the manner indicated above.

Power of Tribunal to order payment of rent and arrears thereof during pendency of petition or appeal. Execution of the orders. Procedure and power of the Rent Authority. Model Forms. Appointment of Rent Authority. Tenancy agreements. Period of tenancy. Revision of Rent in certain circumstances. Rent Authority to fix revised rent in the Circumstances specified in Section 22D. Security deposit. Depositing of rent with the Rent Authority in certain circumstances.

Chapter - VI Amenities Landlord not to discontinue or withhold amenities enjoyed by the tenant. The landlord may, however, discontinue or withhold any amenity with the permission of the [Rent Authority and the Rent Authority] shall grant such permission if it is satisfied that the tenant has not paid the charges in respect of the amenity, which he was liable to pay.

Duties of tenant and landlord. Disposal of pending proceedings under Sections 23 or Inspection of premises. However, such inspection shall not be carried out by the landlord more than once in three monthS. Members and staff of the Tribunals to be public servants and their control. Rent Authority to be public servant and protection of actions. Court fees. Act to have overriding effect.

Power to remove difficulties. Power to make rules. Repeal and savings. Schedule - A.

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Rajasthan Rent Control Act 2001

Limited period tenancy. However, such permission shall not be granted for more than three times for the same premises: Provided that the certificate for recovery of possession issued in this section shall lapse if petition for execution thereof has not been filed before the Tribunal within six months from the date such certificate becomes executable. Eviction of tenants. Right of landlord to recover immediate possession in certain cases. Restoration of possession of illegally dispossessed tenant. Procedure for recovery of possession. The Rent Tribunal upon filing of petition under subsection 1 shall issue notice accompanied by copies of petition affidavits and documents fixing a date not later than twenty one days from the date of service of notice requiring the landlord to submit reply accompanied by affidavits and documents on which the landlord relies.

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Rajasthan Rent Control Act 2001 Pdf

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The Rajasthan Rent Control Act

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