भारत सरकार / Government of India

Daman 30^th July, 2021 08 Shravana, 1943 (Saka) No. : 08

No. LAW/DMN/E-Gazette/(2)/2020/286

U.T. Administration of Dadra & Nagar Haveli

and Daman & Diu, Deptt. of Law & Justice,

Secretariat, Vidyut Bhavan,

Kachigam, Daman

Dated : 16/07/2021

Sub : Regarding Re-Publications of Ordinances in the Official Gazette of U.T. Administration of

DNH & DD published by the Ministry of Law & Justice, New Delhi.

With reference to the subject cited above, the following Ordinaces promulgated by the President

and published by the Ministry of Law & Justice, New Delhi, in the Gazette of India, Extraordinary,

Part-II, Section I, is hereby republish in the Official Gazette of this U.T. Administration of Dadra &

Nagar Haveli and Daman & Diu for general information.

No.

Ordinance

Date of

Publication

The Essential Defence Services Ordinance,

2021 (7 of 2021)

30^th June, 2021

The Homeopathy Central Council

(Amendment) Ordinance, 2021 (5 of 2021)

17^th May, 2021

Sd/–

(Rohit P. Yadav)

Law Secretary

सरकारी राजपत्र

OFFICIAL GAZETTE

संघ प्रदेश दादरा एवं नगर हवेली तथा दमण एवं दीव प्रशासन

U.T. ADMINISTRATION OF DADRA AND NAGAR HAVELI AND

DAMAN AND DIU

श्रेणी - १

SERIES - I

प्राधिकरण द्वारा प्रकाधित / PUBLISHED BY AUHTORITY

SERIES – I No. 08 THE GAZETTE OF DNH & DD

Page 13

U.T. Administration of Dadra & Nagar Haveli and Daman & Diu

Office of the Secretary (Revenue) / Finance Secretary

“Vidyut Bhavan”, Secretariat, Daman – 396 210.

No. 2/COL/LND/Tenancy Regulation/2021/1472 Dated : 21/07/2021

Subject : To Publish the draft Dadra and Nagar Haveli and Daman and Diu Tenancy Regulation, 2021

in the Official Gazette of this UT of DNH & DD.

The draft “ Dadra and Nagar Haveli and Daman and Diu Tenancy Regulation, 2021 as

approved by Hon’ble Administrator of Dadra & Nagar Haveli and Daman & Diu is hereby published

in the Official Gazette of this U.T. Administration of Dadra & Nagar Haveli and Daman & Diu for

general information.

SERIES – I No. 08 THE GAZETTE OF DNH & DD

Page 14

THE DADRA AND NAGAR HAVELI AND

DAMAN AND DIU TENANCY REGULATION, 2021.

Regulation

to establish Rent Authority to regulate renting of premises and

to protect the interests of landlords and tenants and to provide

speedy adjudication mechanism for resolution of disputes and

matters connected therewith or incidental thereto.

Promulgated by the President in the seventy-second Year of

the Republic of India.

In exercise of the powers conferred by Article 240 of the

Constitution, the President is pleased to promulgate the

following Regulation made by him: -

CHAPTER I

PRELIMINARY

(1) This Regulation may be called the Dadra and Nagar Haveli

and Daman and Diu Tenancy Regulation, 2021.

(2) It extends to the whole of the Union Territory of Dadra and

Nagar Haveli and Daman and Diu.

(3) It shall come into force on such date as the Union territory

Administration may, by notification in the Official Gazette,

appoint and different dates may be appointed for different

provisions of this Regulation.

1. Short title, extent and

commencement:

In this Regulation, unless the context otherwise requires, -

(a) “landlord”, 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 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 cannot enter

into a contract;

(b) “local authority” means a Village Panchayat or Panchayat

Samiti or Zila Parishad or a Municipal Corporation or a

2. Definitions

SERIES – I No. 08 THE GAZETTE OF DNH & DD

Page 15

Municipal Council or a Nagar Panchayat or a Planning or

Development Authority, by whatever name called, or the

Cantonment Board, or as the case may be, a civil area

committee appointed under section 47 of the Cantonment Act,

2006 or such other body entitled to function as a local

authority in any city or town, constituted under any law for the

time being in force;

Gazette of the Union territory and the expression “notify” with

its grammatical variations and cognate expressions shall be

construed accordingly;

(d) “premises” means any building or part of a building which is,

or is intended to be, let on rent for the purpose of residential or

commercial use except for hotel, lodging house, dharamshala,

inn and for industrial use but 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;

(e) “prescribed” means prescribed by rules made by the Union

territory Administration under this Regulation;

(f) “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 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;

(h) “Rent Authority” means an officer appointed under section 30;

(i) “Rent Court” means a Rent Court constituted under section

33;

(j) “Rent payable” in relation to any premises means the rent as

specified in section 8;

SERIES – I No. 08 THE GAZETTE OF DNH & DD

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(k) “Rent Tribunal” means a Rent Tribunal constituted under

section 34;

(l) “Schedule” means a schedule annexed to this Regulation;

(m) “Sub-tenant” means a person to whom the tenant sublets

whole or part of the premises held by him or transfers or

assigns his rights accrued under the tenancy agreement or any

part thereof upon entering into a supplementary agreement to

the existing tenancy agreement;

(n) “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.

(1) Nothing in this Regulation shall apply to any––

(a) premises owned or promoted by the Central Government

or State Government or Union territory Administration or

local authority or a Government undertaking or enterprise

or a statutory body or Cantonment Board;

(b) premises owned by a company, University or organisation

given on rent to its employees as part of service contract;

may be specified, by notification by the Union territory

Administration;

(d) premises owned by waqf registered under the Waqf Act,

1995 or by any trust registered under the public trust law of

the Union territory for the time being in force;

(e) other building or category of buildings specifically

exempted in public interest by notification by the Union

territory Administration.

(2) Notwithstanding anything contained in sub-section (1), if the

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 Regulation, such landlord may inform the

Rent Authority of the agreement to do so at the time of

information of the tenancy agreement under section 4.

3. Regulation not to apply

to certain premises.

SERIES – I No. 08 THE GAZETTE OF DNH & DD

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CHAPTER II

TENANCY

(1) Notwithstanding anything contained in this Regulation or any

other law for the time being in force, no person shall, after the

commencement of this Regulation, let or take on rent any

premises except by an agreement in writing, which shall be

informed 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 tenancy agreement.

(2) 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

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 Rent Authority shall, within 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 for

enabling submissions of document in such form and manner as

may be prescribed.

(4) The Rent Authority shall, after receiving information about the

execution of tenancy agreement along with 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,

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 property 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 sub-section (1) and sub-

section (2) 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.

4. Tenancy agreement.

SERIES – I No. 08 THE GAZETTE OF DNH & DD

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(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 an enhanced

rent to the landlord as provided in section 23.

Provided that 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.

Explanation. –– For the purposes of this section, “force majeure”

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.

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, as the case may be, 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.

(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;

5. Period of tenancy.

6. Rights and obligations of

successor in case of death.

7. Restriction on sub-letting

SERIES – I No. 08 THE GAZETTE OF DNH & DD

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CHAPTER III

RENT

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.

(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 from one month after the completion of

such work.

In case of any dispute between 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.

(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.

8. Rent payable

9. Revision of rent

10.

Rent

Authority

determine the revised rent

in case of dispute.

11. Security deposit.

SERIES – I No. 08 THE GAZETTE OF DNH & DD

Page 21

CHAPTER IV

RIGHT AND OBLIGATIONS OF LANDLORD AND TENANT

The tenancy agreement shall be signed in duplicate by both the

landlord and tenant, and one each of such original signed tenancy

agreement shall be retained by the landlord and tenant.

(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

stipulated period as in the tenancy agreement from the tenant,

provide forthwith against acknowledgement, a duly signed receipt

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.

(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.

12.

Original

tenancy

agreement to be retained by

landlord and tenant.

13. Rent and other charges

payable and receipt for

payment thereof.

14. Deposit of rent with

Rent Authority.

SERIES – I No. 08 THE GAZETTE OF DNH & DD

Page 22

(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 consent of 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 notice 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 of

one month of the issue of notice by the landlord in that regard.

(4) 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.

(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 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:

15. Repair and maintenance

of property.

SERIES – I No. 08 THE GAZETTE OF DNH & DD

Page 23

Provided

that

where

the

rented

premises

becomes

uninhabitable as specified in sub-section (5) or this sub-section

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.

Explanation. –– For the purposes of this section, “force

majeure” 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.

During the subsistence 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;

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.

(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 the following circumstances,

namely: ––

(a) to carry out repairs or replacement or to do or to get work

done in the premises; or

(b) to carry out an inspection of the premises for the purpose of

determining whether the premises are in a habitable state; or

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.

16. Tenant to look after

premises.

17. Entry into premises.

SERIES – I No. 08 THE GAZETTE OF DNH & DD

Page 24

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

situations like war, flood, fire, cyclone, earthquake or any other

natural calamity, which may affect that premises.

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 is authorised by the

landlord;

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.

(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;

(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;

(v) renewal of tenancy;

(e) help in resolution of disputes among tenants andbetween

landlord and tenant;

(f) any other matters relating to tenancy to be acted upon

only on the instructions of the landlord.

(2) Where the property manager acts, in contravention of the

provisions of sub-section (1) or against the instructions of the

landlord, the Rent Authority may, on an application made to it by

the landlord or tenant in that behalf, remove the property manager

18.

Information

property manager.

19. Duties of property

manager and consequences

of violation of duties.

SERIES – I No. 08 THE GAZETTE OF DNH & DD

Page 25

or impose such costs on the property manager so as to compensate

any loss incurred by the landlord or tenant due to such

contravention.

(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, as the case may be, pending the inquiry

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 inquiry within one month of filing such application.

(4) The Rent Authority may, after giving a reasonable 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.

(5) 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.

Explanation. –– For the purposes of this section, 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.

20. Withholding essential

supply or service.

SERIES – I No. 08 THE GAZETTE OF DNH & DD

Page 26

CHAPTER V

EVICTION AND RECOVERY OF

POSSESSION OF PREMISES BY

LANDLORD

(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

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;

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.

Explanation.–– For the purposes of this clause, “misuse of

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;

(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:

21. Eviction and recovery

of possession of premises

by landlord.

SERIES – I No. 08 THE GAZETTE OF DNH & DD

Page 27

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:

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.

Explanation. –– For the purposes of this clause, the expression

“competent authority” means the Municipal Corporation or

the 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:

(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;

(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 charges payable, if any,

including interest within one month from the date of service of the

said demand notice upon him.

(4) Where the tenant fails to pay rent consecutively for two

months subsequent to the grant of the relief specified in sub-

section (3) in any one year, then the tenant shall not be entitled to

such relief again.

SERIES – I No. 08 THE GAZETTE OF DNH & DD

Page 28

(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.

(1) Notwithstanding anything contained in this Regulation or any

other law for the time being in force, in case of death of the

landlord, where there is a bonafide 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 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.

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 ––

(a) twice the monthly rent for the first two months; and (b) four

times the monthly rent thereafter till the tenant continues to

occupy the said premises.

(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.

In any proceedings for recovery of possession on any ground

other than that referred to in clause (a) or clause (b) of sub-section

22. Eviction and recovery

of possession of premises

in case of death of landlord.

23. Enhancement of rent in

case of refusal by tenant to

vacate.

24. Refund of advance rent

by landlord.

25. Payment of rent during

eviction proceedings.

SERIES – I No. 08 THE GAZETTE OF DNH & DD

Page 29

(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

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 charges, if any, due to delay in payment, in accordance with

the provisions of sub-section (1) of section 14.

(1) 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) 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 it shall be the responsibility of the tenant to

remove any such additional structure built by tenant without

consent of landlord.

(1) Notwithstanding anything contained in section 21 or section

22, where any premises let out for rent comprises vacant land,

upon which it is permissible under the municipal bye-laws for the

time being in force to erect any building whether for residence 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

26. Permission to build

additional structures.

27.

Special

provision

regarding vacant land.

SERIES – I No. 08 THE GAZETTE OF DNH & DD

Page 30

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;

of the premises; and

(d) make such other orders as it may deem fit in the circumstances

of the case.

Notwithstanding anything contained in any other law for the time

being in force, 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.

Notwithstanding anything contained in this Regulation or any

other law for the time being in force, 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 of at least one month before giving up possession of

the premises.

28. Vacant possession to

landlord.

29. Provisions regarding

notice

giving

possession by tenant.

CHAPTER VI

RENT AUTHORITIES, THEIR POWERS AND APPEALS

30. The District Collector or District Magistrate shall, with the

previous approval of the Union territory Administration, appoint

an officer, not below the rank of Deputy Collector, to be the Rent

Authority within his jurisdiction.

30. Rent Authority.

SERIES – I No. 08 THE GAZETTE OF DNH & DD

Page 31

The Rent Authority shall have all the powers as are vested in a

Rent Court under this Regulation in respect of any proceedings

initiated under sections 4, 9, 10, 14, 15, 19 or section 20 and the

procedure as laid down in sections 35 and 36 shall apply in such

proceedings.

32. (1) Any person aggrieved by the order of the Rent Authority

may prefer an appeal to the Rent Court having territorial

jurisdiction.

(2) The appeal under sub-section (1) shall be preferred within a

period of thirty days from the date of the order of the Rent

Authority.

31. Power and procedure of

Rent Authority.

32. Appeals.

CHAPTER VII

RENT COURTS AND RENT TRIBUNALS

The District Collector or District Magistrate shall, with the

previous approval of the Union territory Administration, appoint

Additional Collector or Additional District Magistrate or an

officer of equivalent rank, to be the Rent Court for the purposes of

this Regulation, within his jurisdiction.

The Union territory Administration may, in consultation with the

jurisdictional High Court, may by notification, appoint District

Judge or Additional District Judge as Rent Tribunal in each

district.

(1) Save as provided in this section, nothing contained in the Code

of Civil Procedure, 1908 shall apply to the Rent Courts and 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 application or appeal

before the Rent Court or, as the case may be, the Rent

Tribunal accompanied by affidavit and documents, if any;

(b) the Rent Court or, as the case may be, the Rent Tribunal shall

then issue notice to the opposite party, accompanied by copies

of application or appeal, affidavit and documents;

and documents, if any, after serving a copy of the same to the

applicant;

33. Rent Court

34. Rent Tribunal

35.

Procedure

followed in Rent Court and

Rent Tribunal.

SERIES – I No. 08 THE GAZETTE OF DNH & DD

Page 32

(d) the applicant may file a rejoinder, if any, after serving the copy

to the opposite party;

(e) the Rent Court or, as the case may be, 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

endeavor to dispose the case as expeditiously as possible, not

exceeding a period of sixty days from the date of receipt of the

application or appeal:

Provided that where any such application or, as the case may be,

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 application or appeal within that

period.

(3) In every application or appeal, before the Rent Court or the

Rent Tribunal, the evidence of a witness shall be given by

affidavit:

Provided that the Rent Court or, as the case may be, 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 Rent Tribunal.

(5) Every application or appeal shall be in such form as may be

prescribed.

(6) The Rent Authority or Rent Court or the Rent Tribunal as the

case may be, 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

SERIES – I No. 08 THE GAZETTE OF DNH & DD

Page 33

the Rent Court.

(8) The Rent Court shall decide every application filed under

clause (c) and (d) of sub-section (2) of section 21 within thirty

days from the date of filing of such application.

(1)The Rent Court and the Rent Tribunal shall, for 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 application or appeal for default or deciding it

ex-parte;

(g) setting aside any order of dismissal of any application or

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 Rent Authority and Rent

Court and;

(k) any other matter, which may be prescribed.

(2) Any proceedings before the Rent Court or Rent Tribunal shall

be deemed to be a judicial proceeding within the meaning of

section 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 officer, subordinate to it, to

enter and inspect, any premises at any time between sunrise

36. Powers of Rent Court

and Rent Tribunal.

SERIES – I No. 08 THE GAZETTE OF DNH & DD

Page 34

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 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) The Rent Court may exercise the powers of a Judicial

Magistrate of the first class for the recovery of the fine under the

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 of such recovery.

(7) 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 powers of a civil court.

(8) 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.

(9) 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.

(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

37. Appeal to Rent Tribunal

SERIES – I No. 08 THE GAZETTE OF DNH & DD

Page 35

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.

(2) The Rent Tribunal, upon filing an appeal under sub-section (1)

shall serve notice, along with a copy of appeal to the respondent

and fix a hearing not later than thirty days from the date of service

of notice of appeal on the respondent and the appeal 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.

(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; or

(b) attaching one or more bank accounts of the opposite party for

the purpose of recovering the amount specified in such order;

including officers of the Rent Court or local administration or

local body for the execution of such order.

(2) The Rent Court may take the help from the Local Government

or local body or the local police for 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.

38. Execution of order

SERIES – I No. 08 THE GAZETTE OF DNH & DD

Page 36

(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

The Union territory Administration may, in consultation with the

Rent Authority or Rent Court or 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.

(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 premises.

(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 Rent Court or 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.

Every member of Rent Authority, Rent Court and 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.

No suit, prosecution or other legal proceeding shall lie against any

person, Rent Authority, Rent Court or Rent Tribunal in respect of

39.

Officers

and

other

employees

Rent

Authority, Rent Court and

Rent Tribunal.

40. Jurisdiction of civil

courts barred in respect of

certain matters.

41. Court fees.

42. Members, etc., to be

public servants.

43. Protection of action

taken in good faith.

SERIES – I No. 08 THE GAZETTE OF DNH & DD

Page 37

anything which is in good faith done or intended to be done in

pursuance of this Regulation.

(1) The Union territory Administration may, subject to the

condition of previous publication, make rules for carrying out the

provisions 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 of digital platform to be put in place by

the Rent Authority in the local vernacular language or the

language of the Union territory 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 Authority on refusal by landlord to accept the

same under sub-section (1) and the manner of deposit of rent

with the Rent Authority under sub-section (2), of section 14;

possession of the premises under sub-section (2) of section 21;

(d) form and manner of making an application for the recovery of

possession of the premises under sub-section (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 24;

(f) the form and manner of filing 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 Court and appeal

before the Rent Tribunal under sub-section (5) of section 35;

(h) any other matter to be provided under clause (k) of sub-section

(1) of section 36;

(i) the manner of execution of an order of a Rent Court or a Rent

Tribunal or any other order made under this Regulation 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 Regulation.

If any difficulty arises in giving effect to the provisions of this

Regulation, the Union territory Administration may, by order

44. Power to make rules.

45.

Power

remove

difficulties.

SERIES – I No. 08 THE GAZETTE OF DNH & DD

Page 38

published in the Official Gazette, not inconsistent with the

provisions of this Regulation, remove the difficulty:

Provided that no such order shall be made after the expiry

of a period of two years from the commencement of this

Regulation.

SERIES – I No. 08 THE GAZETTE OF DNH & DD

Page 39

THE FIRST SCHEDULE

[See section 4(1)]

FORM FOR INFORMATION 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

email and contact details,

: _____________________

4. Description of previous tenancy, if any

: _____________________

5. Description of premises let to the tenant including

appurtenant land, if any

: _____________________

6. Date from which possession is given to the tenant

: _____________________

7. Rent payable as in 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

: _____________________

d. Other services

: _____________________

10. Attach rent or lease or tenancy agreement

: _____________________

11. Duration of tenancy (Period for which let)

: _____________________

12. Permanent Account Number (PAN) of landlord:

: _____________________

13. Aadhaar number of landlord:

: ____________________

14. Mobile Number & E-mail id of landlord (if available)

: ___________________

15. Permanent Account Number (PAN)of tenant : _____________________

16. Aadhaar number of tenant

: _____________________

17. Mobile Number & E-mail id of tenant

: _____________________

18. Permanent Account Number (PAN)of

Property Manager (if any)

: _____________________

19. Aadhaar number of Property Manager (if any)

: _____________________

20. Mobile Number & E-mail id of Property

Manager (if any)

: _____________________

Name and signature of landlord

Name and signature of tenant

PHOTO

Enclosed:

1. Tenancy Agreement.

2. Self-attested copies of PAN and Aadhaar of landlord.

3. Self-attested copies of PAN and Aadhaar of tenant.

SERIES – I No. 08 THE GAZETTE OF DNH & DD

Page 40

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.

***

Published by : e-gazette, Department of Planning & Statistics, DNH & DD.