The Arunachal Pradesh Tenancy Act, 2022

({fr{T The Arunachal Pradesh Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY No. 342, Vol. )qlx, Naharlagun, Tuesday, November '15, 2022, Kartlke 24, 1944 (Saka) GOVERNMENT OF ARUNACHAL PRADESH LAW, LEGISLATIVE AND JUSTICE DEPARTMENT CIVIL SECRETARIAT ITANAGAR NOTIFICATION The 14th November, 2022 No. Law/Legn-23/2022.-The following Act of the Arunachal Pradesh Legislative Assembly which was passed rn the Tenth Session of the Seventh Legislative Assembly and received the assent of the Governor of Arunachal Pradesh is hereby pulished forgeneral information. (Received the aEEent of the Governor on 3rd November, 2022) THE ARUNACHAL PRADESH TENANCYACT, 2022 (ACT No. 17 OF 2022) An Act to ostaD/isi, Rent Authorv to regulate ronting of premises and to protect intercsts of landlords and tenants and to provide speedy adjudication mechanism for resolution of disputes and mafters connectad therewith or incidental thereto. BE it enacted by the Arunachal Pradesh Legislative Assembly in the Seventy-Third Year of the Republic of lndia as follows:- CHAPTER - I PREUIiINARY I (1) ThisAct may becalled theArunachal Pradesh Ten ancy Act,2022. Short title, extent and (2) lt shall extend to the whole of the Stiate of Arunachal Pradesh. commence- (3) lt shall come into force on the date of itrs publication in the Official Gazette. ment. 2 ln this Act, unless the context otherwise requires, - Definitions (a) "landlo.d", whether called landowner or lessor or by any other name, means a person who receives or is entitled to receive the rent of any premises, on his own account, if the premises were let 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 entiued to so receive, on accountoforon behalf of or for the benefit of, any other person such as minor or person of unsound mind who cannot enter into a contract; (b) 'Local authority" means local authorities established in the Sbte under any law(s) for the time being in forcet (c) "notification" means a notifcatron published in the Offichl Ga2ette of the Govemment of Arunachal Pradesh and the expression "notiry wih its grammatical variations and cognate expressions shall be construed accordingly: TheArunachal Pradesh Extraordinary Gazette, November 15, 2022 (d) "Premises'means any building or partof a building which is, or is intended to be, leton rent for the purpose of residentialor commercial use except for hotel, lodging house, dharamshala, inn and for industrial use but includes- (i) Garden, garbage or closed parking area, vacant land, grounds and out-houses, if any, appertaining to such buildlng ct partofthe building; and (ii) Any fitting to sucn building or part of the building for the more benefrcblenjoyment thereof; (e) "prescribe' means prescribed by rules made by the S-Ete Govemment under this Act; (0 "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; (g) "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 orany othercharges for his services vyhether as a commission orotheMise 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; (h) "RentAuthorig/ means an officer appointed under section 30; (i) "Rent Court" means a Rent Court constituted under section 33i 0) 'Rentpayable" in relation toany premises meansthe rent as specified in sectlon 8; (k)'RentTribunal" means a Rent Tribunal constituted undersection 34; (l) 'Schedule" means a schedule annexed to thisAct; (m) 'Sub-tenant' means a person to whom the tenant sublets whole or part of the premises held by hlm ortransfers or assigns his righE accrued underthe tenancy agreement or any part thereof upon entering into a supplementary agreement to the existing lenancy agreement; (n) "Tenant" whether called lessee or by any other name, means a person by whom or on whose account oron behalf of whom, the rent ofany 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 Act; but shall not include any person against whom any order or decree for eviction has been made. 3. (1) any- Nothing in this Act shall applyto Act nol to (a) premises owned or promoted by the CentralGovemment or State Govemment apply to or local authority or a Government undertaking or enterprise or a statutory certain premises. body or Cantonment Board; (b) premises owned by a company, University or organisation given on renl to its employees as part of service contract; (c) premises o\. -ed by religious or charitable institutions as may be specified, by notification by the Government ofArunachal Pradesh; (d) premises owned by auqaf registered under the Waqf Act, 1995 or by any trust registered under the public trust law for the time being in force; (e) other building orcategoryof buildings specificatty exempted in public interest by notification by the State Government. (2) Notwithstanding anything contained in sub-section (1), ifthe owner and tenant of the premises referred to in clause (a) to clause (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 Act, such landlord may inform the Rent Authority of the agreement to do so at the time of information of the tenancy agreement dnder section 4. TheArunachal Pradesh Extraordinary Gazette, November 15,2022 3 .II CHAPTER TET{ANCY Tenancy agreemenL 4 (1) Notwithstanding anything contained in this Act or any other law for the time being in force, no person shall, after the commencement of thisAct, let or take on rent any premises except by an agreement in writing, which shall be informed to the RentAuthority by the landlord and tenantjointly, in the form specified in the First Schedule within a period of two months from the date of tenancy agreement. (2) Where the landlord and the tenant fail to jointly inform the execution of the tenancy agreement referred to in suFsection (1), the landlord and tenant shall separately inform the execution of tenancy agreement to the Rent Authority within a period of one month from the date of expiry of the period specified in sub-section (1 ). (3) The RentAuthority shall, within three months from the date of its appointrnent, put in place a digital platform in the official language of the State for enabling submission of documents in such form and manner as may be prescribed. (4) The RentAuthonty shall, after receiving information about the execution of tenancy agreement along with the documents specilied 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 the official language ofthe State, within seven working days from the date of receipt of such information, in such manner along with such documents as it may deem fit. (5) The terms of authorisation of the properly manager, if any, 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. (6) The information provided under suFsection (1) and sub-section (2) of this section 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 underthe provisions of this Act. 5 ('l) Every tenancy entered into after the commencement of thisAct shall be valid for Period of a period as agreed upon between the landlord and the tenant and as specified tenancy. 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 agreementwith 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 an enhanced rent to the landlord as provided in section 23. Provided that notwithstianding anything contained in this sectlon, if the term of tenancy expires at a time when the locality where the premises let out on rent is situated is afiected by any disastrous event beyond the control of Landlord ortenant or 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 ofone month from the date of cessatjon of such disastrous event on the same terms and conditions ofthe tenancy agreement already entered into Explanatiorr-For the purposes of this section, 'force ma.ieure' means a situation of war, flood, drought, fire, cyclone' earthquake, civil commotion or any other calamity caused by nature affectng the habitation ofthe tenant ln the premises let out on rent. 6 The terms of agreement executed between landlord and tenant, shall be binding upon Rights and their successors in the event of the death o, the landlord or tenant, as the case may be, obligations of and in such case, the successors of the deceased landlord or tenant shall have the successor in same rights and obligations as agreed b in the tenancy agreement for the remaining case of death period of such tenancy. 4 TheArunachal Pradesh Extraordinary Gazette, Novembet 1 5, 2022 7. (1\ After the commencement of this Act, no tenant shall, except by entering into a Restriction on supplementary agreement to the existing tenancy agreement, subletting. (a) sublet whole or part of the premises held by him as a tenant; (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 ('l), the landlord and tenant shalljointly inform the RentAuthority about the sub-tenancy within a period of two months from the date of execution of such agreement in the Form specified in the First Schedule. CHAPTER. III RENT 8. The rent payable in respect of a premise shall be the rent agreed to between the Rent payable landlord and the tenant in accordance with the terms of the tenancy agreement. 9. ('l) The revisior, of rent between the landlord and the tenant shall be in accordance Revision of with the terms of the tenancy agreement. rent. (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 rentshallbecome efbctive from one month after the completion of such work. '10. ln case of any dispute between landlord and tenant regarding revision of rent, the Rent Rent Authority Authority may, on an application made by the landlord or tenant, determine the revised to determine rent and other charges payable by the tenant a|l also fix the date from which such the revised revised rent becomes payable. rent in case of dispute. 11. (1) The security deposit to be paid by the tenant in advance shall besuchasmaybe Security agreed upon between the landlord and the tenant in the tenancy agreement, deposit. which shall - (a) notexceed two months rent, in case ofresidential 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 laking re. possession of the premises from the tenant, after making due deduction of any liability of the tenant. CHAPTER - IV RIGHTS AND OBLIGATIONS OF LANDLORD AND TENANT 12. The tenancy agreement shall be signed in duplicate by both the landlord and tenant, Original and one each of such original signed tenancy agreement shall be retained by the tenancy landlord and tenant. agreement to be retained by landlord and tenant. 13. (1) Every tenant shall pay rent and other charges payabie within such period as Rentand agreed to in the tenancy agreement. other charges payable and (2' Every landlord or his property manager shall, on receipt of payment towards rent receipt for and other charges payable within the stipulated period as in the tenancy payment agreement from the tenant, provide forthwith against acknowledgement, a duly thereot signed recelpt for the amount received by him; Provided that 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. 14. l1l Where the landlord refuses to accept any rentand othercharges payable or refuses Deposit of to give a receipt, the rent and other charges shall be paid to the landlord by postal rent with Rent money order or any other method, in such manner as may be prescribed, Authority. 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 RentAuthority in such manner as may be prescribed, The Arunachal Pradesh Extraordinary Gazette, Novembet 15,2022 (2) Where the tenant is unable to decide to whom the rent is payable during the period oftenancy agreement, the tenanl may, in such case, deposit the rentwith 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, deposiled under sub-section (1) or sub-section (2), shall not by it self 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. (1) 15. Notwithstanding any agreement in writing to the contrary the landlord and the Repair and tenant shall keep the premises in as good a Gondition as at the commencement maintenance of the tenancy, except for normal wear and tear, and shall respectively be of property. responsible to repair and maintain the said premises as specified in the Second Schedule or as agreed to in the tenancy agreement. (2) ln case of common facilitres shared among the tenants or with the landlord, the respective responsibilities of the tenant and landlord to repalrand maintain those tacilities shall be such as may be specified in the tenancy agreement. (3) lf the tenant fails or refuses to carry out the repairs refened to in sub.section (1) or sub-section (2), the landlord may carry out the repairs or remove the additional slructure erected by tenantwithout consent ofthe landlord and deduct the amount incurred for such repairs or removal as the case may be, from the security deposit and the amount so deducted shall be paid by the tenant within a period of one month of issue of notlce by the landlord in that regard: Provided that if the cost for such repairs 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 ofone month ofthe issue of notice by the landlord in that regard. (4) ln case the landlord refuses to carry out the 'epairs referred to in sub-section (1) or sub-section (2), the tenant may ca..y out such repairs and deduct the expenditure incuned 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 flfty per cent of the agreed rent for a month. (5) 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. (6) Where the premises let out on rent becomes uninhabitable for the tenant due to an event of force majeure or otheMise or the tenant ts unable to reside due to occurrence of such event, the landlord shall not charge rent from the tenant until the sajd premises is restored by the landlord, subiect to the provisions of this section, to be inhabitable: Provided thatwhere the rented premises becomes uninhabitable as specified in sub-section (5) orthis suUsection and the landlord fails to carry outthe required repairs to make it inhabitable orthe 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 priod, after making due deduction of liability of the tenant, if any. 16. During the subsistence oftenancy, the tenant shall- Tenant to look- (a) after premises. not intentionally or negligently damage the premises or permit such damage; (b) inform in writing the landlord of any damage; (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 Entry into after serving a notice, in writing or through electronic mode, to the tenant at least premises. twenty four hours before the time of entry under the following circumstances, namely:- (a) to carry out repairs or replacement or to do or to get work done in the premises; or 6 The Arunachal Pradesh Extraordinary Gazette, Novembet 15,2022 (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 afier 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 emergent situatrons like war, ci\,1 commotion flood, fire, cyclone, eadhquake or any other natural calamity. wiich may affect that premises. Explanation - For the purposes of this section, 'force majeure" means a situation of war, flood, droughf, fire, cyclone, earthquake or any other calamity caused by nature affecting the habitation ofthe tenant in the premises letouton rent. 18. lncasethe landlord hasengageda property manager, the landlord shall provide the lnformation as following information to the tenant, namely: - to property (a) manager. name ofthe property manager; (b) proof that such property manager is authorised by the landlord; (c) specific purposes for which the property manager has been authorised by the landlord and the period ofsuch authorisation; and (d) if the properly 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 ln relation to the tenancy agreement. (1) 19. Thedutlesof the property manager shall include the following, namely:- Duties of (a) property io collect rent against receipt; manager and (b) to do essental repairs on behalfofthe i3ndlord; consequences (c) of violation of to inspect the premises from time to time; duties. (d) for- to give notices to tenant (i) proper maintenance of the premises, (ii) delay ln payment of rent; (iii) revision ofrent, (iv) vacation of premises. (v) renewal of tenancy; (e) help in resolution ofdisputes among tenants and between landlord and tenant; (0 any other matters relating to tenancy to be acted upon only on the instructlons of the landlord. (2) Where the property manageracts, in contravention ofthe 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 Iandlord or tenant due to such contravention, 20 (1) No landlord or property manager shall, (,rther by himself or through any other Prohibition of person, withhold any essential supply or sen/ice in the premises occupied by the withholding tenant. essential supply or (2) ln case ofcontravention of provisions of sub-section (1) and on application made service. by the tenant in this behalf, the RentAuthority afier examining the matter, may pass an interim order directing the restoratjon of supply of essential services immediately on service of such order upon the landlord or property manager, as the case may be, pending the inquiry referred to in sub-section (3). (3) The RentAuthority shall conduct an enquiry in respect ofthe application made by the tenant under sub-section (2), and complete the inquiry within one month of fi ling such application. TheArunachal Pradesh Extraordinary Gazette, Novembet 15, 2022 7 (4) The Rent Authority may, after giving a reasonable opportunity of being heard, award 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. Explanation-For the purposes of thts section, essential services includes supply of essential commodities, 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) Atenantshall notbeevicted during the continuance of tenancy agreement unless Eviction and otherwise agreed to in writing by the landlord and tenant, exc€pt in accordance recovery of with the provisions of sub-section (2) or in accordance with the provisions of possession of section 22. premises by (2) landlord. 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 refuses to pay the rent payable under section 8i (b) thatthe 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 ofone 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 Act, parted with the possession of whole orany part of the premises without obtaining the written consent of the landlord; (d) that the tenant has continued to misusi the premises even afler receipt of notice from the landlord to desist from such rnisuse. Explanation- For the purposes of this clause, "misuse of premises,, means encroachment of additional space by the tenant or use of premises wh,ch causes public nuisance or causes damage to the property or is detrimental to the interest of the landlord orfor immoral or illegal purposes; (e) where it is necessary for the landlord to carry out any repair or construction or rebuilding or addition oralteration or demolition in respect of the premises or any part thereof, which is not possible to be carried outwithout the premises being vacated: Provided that after such repair, construction, rebuilding, addition or alteration, the lenant 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 submifted with the Rent Authority: 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 tonant has heen 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 ordemolition, for change of its use as a consequence of cnange of land use by the competent authority. Explanation- For the purposes of this clause, the expression "competent authority" means the Municipal Corporation orthe Municipality or the Development Authority or any other authority, as the case may be, which provides permission on matters relating to repair or redevelopment or demolition of building or permission for change in land use: I TheArunachal Pradesh Extraordinary Gazette, Novembe. 15, 2022 (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 sutfer if he is not put in possession ofthat premises; (h) that the tenant has carried out any structuralchange 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 RentAuthority the arrears of rent and other charges payable, if any, including interestwithin one month from the date of service ofthe said demand notice upon him. (4) Where the tenant fails to pay rent consecuflvely for two months subsequent to the grant of the rellef specified in sub-seciion {3) in any cne year, then the tenant shall not be entitled to such relief again. (5) ln 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. 22. l1) Notwithstanding anything contained in this Act or any other law for the time being Eviction and in force, in case ofdeath of the landlord, where there is a bonafide requirement of recovery of the premises letout on rent bythe legal heirs ofthe landlord during the period of possession of tenancy, such legal heirs may flle an application in this behalf for eviction and premises in recovery of possession ofthe said premises before the Rent Court in such form case of death and manner, as may be prescribed. of landlord. (2',, The Rent Cou may, on an application made to it under sub-section (1), if it is satisfied that the legal heirs ofthe deceased landlord are in bonafide 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 le.t out on rent in accordance with the Enhancement tenancy agreementon the expiration of the perioc oftenancy or termination oftenancy of rent in case by an order or notice under the provlsions of this Act, such tenant shall be liable to of refusal by tenant to pay the landlord - vacate. (a) twice the monthly rent for the first two months; and (b) thrice the monthly rent thereafter till the tenant continues to occupy the said premises. 24. (1) Wherea landlord exercises the rightof recovery of possession under sub-section Refund of (2) of section 21 or under sectlon 22, and he had received any rent or any other advance rent payment in advance from the tenant, he shall before recovery of possession, by landlord. refund to the tenant such amount after deducting the rentand other charges due to him. (2) lf the landlord feilsto make any refund, heshall 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. ln any proceedings for recovery of possession on any ground other than that referred Payment of to in clause (a) or clause (b) ofsub-section (2) of section 21, where the tenantcontests rent during the claim for eviction, the landlord may at any stage of the proceedings apply to the eviction Rent Court to direct the tenant to pay him the rert payable, as under section 8, and proceedings. the Rent Court may order the tenant to make such payment and all other charges due from the tenant along with penal charges, if any, due to delay in paynrent, in accordance with the provisions of sub-section (1) of section 14. (1) 26. Tenant shall not carry out any structural change or erect any permanent structure Permission to in the premises let out on rent without the written consenr of the landlord. build additional structures. I TheArunachal Pradesh Extraordinary Gazette, Novembet 15, 2022 (2) 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. (3) On an application made by the landlord under sub-section (2), if the Rent Court is satisfied that the landlord is ready and willing to commence the work which is necessary, the Rent Court 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. Provided further that at shall be the responsibility ofthe tenant to remove any such additional structure built by the tenant without consent of landlord. 27 . (1) Notwithstanding anything contained in section 21 or section 22, where any premises Special let out for rent comprises vacant land, upon which it is permissible under the provision municipallaws for the time being in ficrce to erect any building whether for residence regarding or for any other purpose, and the landlord who intends to erect such building is vacant land 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 ,ile 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 €se may be, his legal heirs are ready and willing to commence the work and that lhe 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 la\r/ for the time being in force, where Vacant the interest, of a landlord or in case of death of the landlord, cr his legal heirs in any Possession premises is determined for any reason whatsoeverand any oder is made by the Rent to Iandlord. Court under this Act 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 allsuch occupants to the landlord or to the legal heirs ofthe landlord. 29. Notwithstanding anything contained in this Act or any other law for the time being in Provisions force, a tenant may give up possession ofthe premises by giving such written notice regarding as required under the tenancy agreement and in absence of any stipulation relating to notice of such notice, the tenant shall give notice to the landlord of at,east one month before giving up possession giving up possession of the premises. by tenant. CHAPTER. VI RENTAUTHORITIES, THEIR POWERS AND APPEALS not 30. The State Government may by notification, in Ofl:cial Gazette, appoint a person RentAuthority below the rank of Executive Magistrate or Sub-Sivisional Otficer of the Town/City shall be appoinled to be the RentAuthority. 31. The RentAuthority shall have all the powers as are vested in a Rent Court under this Power and Act in respect of any proceedings initiated under sections 4, 9, 10, 14, 15, 19 or functions of section 20 and the procedures as laid down in sections 35 and 36 shall apply in such Rent Authority. proceedings. 10 TheArunachal Pradesh Extraordi,tary Gazeite, November 15, 2022 32. (1 ) Any person aggrieved by the order of the RentAuthority may prefer an appeal to Appeals. the Rent Court having territorial Jurisdiction. (2) Theappeal under sub-section (1)shallbe prefeffed within a period ofthirtydays from the date of the order of the RentAuthority. CHAPTER. VII RENT COURTS AND RENT TRIBUNALS 33. The State Government may by notification in the Official Gazette, appoint the Deputy Rent Court. Commissioner of the District, to be the Rent Court for the purpose of thisAct, within his jurisdiction. 34. The State Government may, in consultation with the jurisdictional High Court, by Rent Tribunal notification, appoint District Judge orAdditional District Judge as RentTribunal in the district. 35. (1) Save as provided in this section, nothing contained in the Code of Civil procedure, Procedure to 1908 shall apply to the Rent Courts, which shall be guided by the principles of be followed in naturaljustice and shall have the power to :sgulate their own procedure in the Rent Court. follor/ing manner, namely: - (a) the landlord or the tenant may file an appeal before the Rent Court accompanied by affidavit and documents, if any; (b) the Rent Court shall then issue notice to the opposite party, accompanied by copies of application, affidavit and documents; (c) the opposite party shall file a reply accompanied by affidavit and documents, if any, afier serving a copy of the same to the applicant; (d) the parties may file rejoinders, if any, after serving the copy to the opposite partyi (e) the Rent Court shall fix a date of hearing and may hold such summary inquiry as it deems necessary (2) The Rent Court, shall endeavor to dispose the case as expeditiously as possible but notexceeding a period of sixty days from the date of receipt of the application: Provided thatwhere any such appealcould not be disposed of within the said period of sixty days, the Rent Court shall record its reascns in writing for not disposing of the apptication within that perio(:. (3) ln every application before the Rent Court, the evidence of a witness shall be given by affidavit: Provided that the Rent Court 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. (41 The provisions of the Code of Civil Procedure, 1908 regarding service of summons shali be applicable mutatis mutandistor service of notice by the Rent Court. (5) Every application of appeal shall be in such form as may be prescribed. (6) The Rent Court, shall not allow more than three adjoumments at the request of a party throughout the proceedings and in case of reasonabte and sufftcienl 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 of appeal under clauses (a), (b), (e), (f) and (g) of sub-section (2) of section 2'l or under section 22 shall be decided within ninety days ftom the date of faling of such application in the Rent Court. (8) The Rent Court shall decide every application filed under ctauses (c) and (d) of sub-section (2) of section 2'l within thirtt days from the date of filing of such application. 36. (1) The Rent Court shall, for discharging their functions under this Act, have the Powers and same powers as are vested in a Civil Court under the Code of Civil procedure, functions of 1908 for the purposes of, - the Rent Court. TheArunachal Pradesh Extraordinary Gazette, November 15, 2022 11 (a) summonang and enforcing the attendance cf any person and examining him on oath; (b) requiring the discovery and production ofdocuments; (c) issuing commissions for examination of the witnesses or documents; (d) issuing commission for local investigation; (e) receiving evidence on affidavits; (f) dismissing an application for default or deciding it ox-parfe; (s) setting aside any order of dlsmissal of any application for default or any other order passed by it ex-parle; (h) execution of its orders and decisions under thisActwithout reference to any civil court; (i) revision of orders and decisions of RentAuthority and; 0) any other matter, which may be prescribed. (2) Any proceedings before the Rent Court shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, ofthe lndian Penal Code; and the Rent Court 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 Act, the Rent Court, may, - (a) after giving not less than twenty-four hours' notice in writrng, enter and inspect or authorise any officer, subordinate to it, to enter and inspect, any premises at any time between sunrise and sunset; (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 ofthe 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 otheMise. (5) The Rent Court may exercise the powers ofa Judicial Magistrate ofthe first class forthe recovery ofthe fine underthe provisions of the Code of Criminal Procedure, 1973 and the Rent Court shall be deemed to be a Magistrate under the said Code for the purposes ofsuch recovery (71 An order made by a Rent Court under this Chapter shall be executable by the Rent Court as a decree ofa civil court and for this purpose; the Rent Court shall have the porvers ofa civil court. (8) The Rent Court may set aside any order passed ex-parte if the aggrieved party files an application and satrsfies it that notice was not duly served or that he was prevented by any sufficient causefrom appearing when the case was taken up for hearing. (e) Save as otherwise expressly provided in thisAct, 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 to appeal along with a certified copy of such order to the Rent Tribunal having RentTribunal. jurisdiction within the local limits of which :he premises is situated, within a period of thirty days from the date of that order. (2) The Rent Tribunal, upon flling 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 appeal on the respondent and the appeal shall be disposed of within a reasonable period from such date of seNice. 12 TheArunachal Pradesh Extraordinary Gazette, Novembe( 15,2022 (3) Where the Rent Tribunal considers it necessary in the interest of arriving at a just and proper decision, it may allow documents ar any stage of the proceedings in appeal: Provided that no such document shall be allowed morethan 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 recordang reasons therefor, confirm, set aside or modify the order passed by a Rent Court. (6) An appealfrom the order of Rent Tribunal shall lie before the High Court. 38. (1) The Rent Court shall, on an application filed by any party, execute an order of a Execution of Rent Court or a Rent Tribunal or any other order made under this Act, in such order by- manner as may be prescribed, (a) delivering possession of the premises to the person in whose favour the decision has been made; or (b) attaching one or more bank accoun:s of the party against whom order or decree has been passed for the purpose of recovering the amount specified in such order; or (c) appointing any advocate or any other competent person including officers of the Rent Court or local administration or local body forthe execution ofsuch order. (2) The Rent Court may direct any officials ofthe Local Govemment or Local body or the local police for the execution of the final orders: (3) The Rent Court shall conduct the execution proceedings, in relation to its order or an orderof a RentTribunalor any otherorder passed underthisAct, 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 seNice of notice on opposite party. CHAPTER - VIII MISCELLANEOUS 39. The State Government may, in consultation with the Rent Authority or Rent Court or Officers and RentTribunal, determine the nature and categc.ies ofofficers and other employees as other it considers necessary and appoint such officers ':,nd other employees for the efficient employees of Rent Authority, discharge of their functions under this Act. Rent Court and RentTribunal. ('l) 40. Save as oheMise povided in thisAct, no civilcourt shallenErEin anysuitor prooeeding Limitation of in so far as it relates to the provisions of this Act civil courts and Rent (2) The jurisdiction of the Rent Court shallbe limited to tenancy agreement submitted courts. to it as specified in the First Schedule and shall not extend to the question of title or ownership of premises. 41. ( l ) The provisions of the Court Fees Act, 1870 shalt apply in respect of applications Court fees. orappeals to be presented befiore the RentAuthority or RentCourtor RentTribunal, 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 forthe apptication filed befor€ ihe RentAuthority shallbe same as that of an interlocutory application preseti,ied in a civil court. 42. Every member of RentAuthority, Rent Court and Rent Tribunalappointed under this Members, etc., Act shall be deemed to be a public servant within the meaning of section 21 of the to be public lndian Penal Code. servants. TheArunachal Pradesh ExtraordinaryGazette, November 15, 2022 IJ 43. No suit, prosecution or other legal proceeding shalllie against any person, Rent Protection of Authority, Rent Court or Rent Tribunal in respect of anything which is in good faith action taken in done or intended to be done in pursuance of this Act good faith. 44. {1) The State Government may, by notification in the Official Gazette, make rules for Power to carrying out the provisions of this Act. make rules. (2) h particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:- (a) the form and manner of digital platform to be put in place by the Rent Authority in the official language of the State for enabling submissions of documents under sub-section (3) of section 4; (b) the manner of payment of rent and other charges to the landlord by the tenant by postal money order or any other method and the manner of deposit of rent and other charges with the Rent Aulhority on refusal by landlord to acrept the same under sub-section (1) and the mannerofdeposit of rent with the RentAuthority under sub-section (2), of section 14; (c) manner of making an application for the recovery of possession of the premises under sub-section (2) ofseclion 21; (d) form and manner of making an applicaticn for the recovery of possession of the premises under sub-sectton (1) of section 22; (e) rate of interest payable to the tenant where the landlord fails to make refund under sub-section (2) of section 24i (0 the form and mannerof flling application by the landlord before the Rent Court for obtaining possession of the premises let out on rent for erecting building under sub-section (1) of section 27; (g) the form of filing application before Rent fuurt and appeal before the Rent Tribunal under sub-section (5) of section 35; (h) any other matterto be provided underclause (k) ofsub-section (1) ofsection 36; (i) the manner of execution ot an order of a Rent Court or a Rent Tribunal or any other order made under thisAct under sub-section (1) of section 38; (.j) any other matter which is required to be, or may be, prescribed under the provisions of this Act. 45. Every rule made by the State Government under thisAct shall be laid as soon as may Laying of be, after it is made, before the State Legislature. rules. 46. lf any difficulty arises in giving effect to the provtsions of thisAct, the SEte Govemment Power to may, by order published in the Official Gazette, not inconsistent with the provisions of remove this Act, remove such difficulty: difficulties. (1) 47. TheArunachal Pradesh Building (Lease, Rentand Eviction) controlAct, 2014, Repeal and is hereby repealed. savings. (2) Notwithstanding such repeal, allcases and other proceedings under lheArunachal Pradesh Building (Lease, Rent and Eviction) ControlAct,2Ol4 if any, is pending, at the commencement of this Act, shall be continued and disposed of in accordance with the provisions oftheArunachal Pradesh Building (Lease, Rent and Eviction) controlAct, 2014, as if the said Act has not been repealed. 14 TheArunachal Pradesh Extraordinary Gazette, Novembet 15,2022 THE FIRST SCHEDULE [See section 4(1)] FORM FOR INFORMATION OF TENANCY To, The RentAuthority (Address) 1. Name and address ofthe landiord 2. Name and address ofthe property Manager (ifany) J. Name(s) and address ofthe tenant, including e-mail and contact details 4. Description of previous tenancy, if any 5. Description of premises let to the tenant 6. Date from which possession is given to the tenant 7. Rent payable as in section 8 8. Fumiture and other equipment providec to the tenant 9.

Other charges payable (a) Electricity (b) Water (c) Extra furnishing, fittings and flxtures (d) Other services 10. Attach rent or leases or tenancy agreement 11. Duration of tenancy (Period for which let) 12. PermanentAccount Number (PAN) of landlord '13. Aadhaar number of landlord 14. Mobile Number & E-mail lD of landlord (if available) '15. PermanentAccount Number (PAN) of tenant 16. Aadhaar number of tenant 17. Mobile Number & E-mail lD of tenant 18. PermanentAccount Number (PAN) of Property Manager (if any) '19. Aadhaar number of Property Manager (if any) 20. Mobile Number & E-mail lD of Property Manager (if any) Name and signature of landlord Name and signature oftenant Photography of Photograph of Landlord Tenant Enclose 1. TenancyAgreernent. 2. Self-attested copies of PAN andAadhaar of landlord. 3. Self-attested copies of pAN and Aadhaar of tenant. TheArunachal Pradesh Extraordinary Gazette, November 15, 2022 15 THE SECONO SCHEDULE [See sectkil 15 (1)] DIVISION OF MAINTENANCE RESPONSIBILITY BETWEEN THE LANDLORD AND THE TENANTS Unless otheruvise agreed in the tenancy agreement, the landlord shali 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 Responsibilitios otthe Landlord : '1. Structural repairs except those necessltated 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 ba got done by the tenant : 'L Changing oftap washers and taps. 2. Drain cleaning. 3. Water closet repairs. 4. Wash Basin repairs. 5. Bath tub repairs. 6. Geyser repairs. 7. Circuil breaker repalrs 8. Switches and socket repairs. 9. Repairs and replacement of electncal equipment except major intemal 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. Onit Panyang, IAS Commissionerto the Government of Arunachal Pradesh, Itanagar. Published and Printed by Diroctotate of Printil8, Naharlagun -550/2022-DoP-250+Secy. (LA) so+Secy. Oown Planning)-50+Commissioner (Law)-50-1 1 -2022