Section 34
. (1) Subject to any rules that may be made under this Act, the Rent Court and the Rent Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice and shall have power to regulate their own procedure, and the Rent Court shall follow the following procedure, namely –
34 . (1) Subject to any rules that may be made under this Act, the Rent Court and the Rent Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice and shall have power to regulate their own procedure, and the Rent Court shall follow the following procedure, namely –
(a) the landlord or tenant may file an application before the Rent Court accompanied by affidavits and documents, if any;
(b) the Rent Court then shall issue notice to the opposite party, accompanied by copies of application, affidavits and documents;
(c) the opposite party shall file a reply accompanied by affidavits and documents, if any, after serving a copy of the same to the applicant;
(d) the applicant may file a rejoinder, if any, after serving the copy to the opposite party;
(e) the Rent Court shall then fix a date of hearing and may hold such summary inquiry as it deems necessary.
In every case, before the Rent Court and the Rent Tribunal the evidence of a witness shall be given by affidavit. However, the Rent Court and the Rent Tribunal, where it appears to it that it is necessary in the interest of justice to call a witness for examination or cross-examination, such witness can be produced and may order attendance for examination or crossexamination of such a witness.
Constitution of Rent Tribunals.
Jurisdiction of Rent Court.
Procedure of Rent Court and Rent Tribunal.
Powers of Rent Court and Rent Tribunal.
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.
Every application or appeal, shall be, as far as possible in the forms as may be prescribed.
The Rent Court shall not ordinarily allow more than three adjournments at the request of a party throughout the proceedings and in case it decides to do so, it shall record the reasons for the same in writing and order the party requesting adjournment to pay the reasonable cost.
(a) All applications under clauses (a), (b), (c), (e), (f) and (h) of sub-section (2) of Section 21 shall be decided within 90 days of filing of application to the Rent Court.
(b) Applications under clauses (d) and (g) of sub-section (2) of Section 21 shall be decided within 30 days of filing of application to the Rent Court.
(1) The Rent Court and the Rent Tribunal, for the purpose of discharging their functions under this Act, shall 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 exparte;
(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 order and decisions under this Act without reference to any civil court;
(i) reviewing its orders and decisions;
(j) any other matter as may be prescribed.
(2) Any proceedings before the Rent Court or Rent Tribunal shall be deemed to be a judicial proceedings within the meaning of section 193 and 228, and for the purpose of section 196, of the Indian Penal Code 1860 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.
For the purpose 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 writing, enter and inspect or authorize any officer, subordinate to him, to enter and inspect, any premises at any time between sunrise and sunset;
Central Act V of 1908.
Central Act V of 1908.
Central Act XLV of 1860.
Central Act 2 of 1974.
Central Act 2 of 1974.
(b) by written order, require any person to produce for his inspection such books or documents relevant to the inquiry, at such time and at such place as may be specified in the order.
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.
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.
The Rent Court may exercise the powers of a Judicial Magistrate of 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.
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.
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 called for hearing.
Save as otherwise expressly provided in this Act, 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) From every final order passed by the Rent Court, an appeal shall lie to the Rent Tribunal, within the local limits of whose jurisdiction the premises is situated and such an appeal shall be filed within a period of thirty days from the date of final order along with a copy of such final order.
The Rent Tribunal, upon filing an appeal under sub-section (1) shall serve notice, accompanied by 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 one hundred and twenty days from the date of service of notice of appeal on the respondent.
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, however, this facility would be available to the applicants only once during the hearing.
The Rent Tribunal may, in its discretion, pass such interlocutory order during the pendency of the appeal, as it may deem fit.
(a) While deciding the appeal, the Rent Tribunal, after recording reasons therefor, confirm, set aside or modify the order passed by a Rent Court;
(b) The decision of the Rent Tribunal shall be final and no further appeal or revision shall lie against the order.
On application of any of the parties and after notice to the parties and after hearing such of them as have desired to be heard, or of its own motion without such notice, the Principal Rent Tribunal may, at any stage, transfer any case from one Rent Court to any other Rent Court for disposal.
Appeal to Rent Tribunal.
Execution of the order.
Appointment of Rent Authority.
Power and procedure of Rent Authority.
Jurisdiction of civil courts barred inrespect of certain matters.
Court-fees.
Where any case has been transferred under sub-section (6), the Rent Court to whom the case has been transferred subject to any special direction in the order of transfer, proceed from the stage at which it was transferred.
(1) The Rent Court shall, on application of any party, execute in the manner as may be prescribed, a final order of any other order passed under this Act by adopting any one or more of the following modes, namely:—
(a) delivery of possession of the premises to the person in whose favour the decision has been made;
(b) attachment and sale of the movable or immovable property of the opposite party;
(c) attachment of any one or more bank accounts of the opposite party and satisfaction of the amount of order to be paid from such account;
(d) appointing any advocate or any other competent person including officers of the Rent Court or local administration or local body for the execution of the order.
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 the help of police shall be obtained subject to payment of such cost by the litigants as may be decided by the Rent Court.
The Rent Court shall conduct the execution proceedings in relation to a final order or any other order passed under this Act in summary manner and dispose of the application for execution made under this section within 30 days from the date of service of notice on opposite party.
CHAPTER VII.
APPOINTMENT OF RENT AUTHORITIES,THEIR POWERS, FUNCTIONS AND APPEALS.
The Collector shall, with the previous approval of the Government, appoint an officer, not below the rank of Deputy Collector to be the Rent Authority for the area within his jurisdiction to which this Act applies.
The Rent Authority shall have the same powers as are vested in Rent Court under this Act, in any proceeding under sections 4, 9, 10, 14, 15 and 20 of the Act. The procedure as laid in section 34 and 37 of the Act shall be followed in disposal of such applications.
CHAPTER VIII.
MISCELLANEOUS.
(1) Save as otherwise provided in this Act, no civil court shall entertain any suit or proceeding in so far as it relates to the provisions of this Act.
The jurisdiction of the Rent Court shall be limited to tenancy agreement submitted to it as per First Schedule and the question of title and ownership of premises shall be beyond its jurisdiction.
(1) The provisions of the Tamil Nadu Court-fees and Suits Valuation Act, 1955 shall apply in respect of applications or appeals to be presented before the Rent Court or Rent Tribunal or Rent Authority, as the case may be.
Tamil Nadu Act XIV of 1955.
Central Act XLV of 1860.
Tamil Nadu Act 18 of 1960.
The applications for recovery of possession made to the Rent Court and the memorandum of appeals presented before the Rent Tribunal shall be treated as suits between the landlord and the tenant for the purposes of computation of court-fees.
The court-fees on the application filed before the Rent Authority shall be same as of an interlocutory application presented in a civil court.
All members of Rent Court, Rent Tribunal and Rent Authority appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860.
The members of Rent Court and Rent Tribunal shall function under the administrative and disciplinary control of the High Court.
No suit, prosecution or other legal proceeding shall lie against any Rent Court or Rent Tribunal or Rent Authority in respect of anything which is in good faith done or intended to be done in pursuance of this Act.
(1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act.
(a) All rules made under this Act shall be published in the Tamil Nadu Government Gazette, and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
(b) All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are published.
Every rule made or notification or order issued under this Act shall, as soon as possible, after it is made or issued, be placed on the table of the Legislative Assembly, and if, before the expiry of the session in which it is so placed or the next session, the Legislative Assembly makes any modification in any such rule or notification or order or the Legislative Assembly decides that the rule or notification or order should not be made or issued, the rule or notification or order shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification or order.
If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion requires, by order, not inconsistent with the provisions of this Act, do anything which appears to be necessary or expedient for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiry of two years from the date of commencement of this Act.
(1) The Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 is hereby repealed.
Notwithstanding such repeal and subject to the provisions of this Act, all cases and other proceedings under the said Act pending, at the commencement of this Act, shall be continued and disposed of in accordance with the provisions of the said Act, as if the said Act had continued in force and this Act had not been passed:
Members, etc. to be public servants.
Members, etc. to be under the control of High Court.
Protection of action taken in good faith.
Power to make rules.
Power to remove difficulties.
Repeal and savings.
Provided that the plaintiff within a period of 180 days of coming into force of this Act shall be entitled to withdraw any suit or appeal or any other proceeding pending under the repealed Act with liberty to file fresh application in respect of the subject matter of such suit or appeal or any other proceeding under and in accordance with the provisions of this Act, and for the purposes of limitation, such application if it is filed within a period of 270 days from the commencement of this Act be deemed to have been filed on the date of filing of the suit which was withdrawn and in case of withdrawal of appeal or other proceedings on the date on which the suit was filed out of which such appeal or proceeding originated.
THE FIRST SCHEDULE.
(See section 4)
FORM FOR INFORMATION OF TENANCY.
To,
The Rent Authority
___________________
___________________ (Address)
Name and Address of the Landlord :
Name and Address of the Property Manager (if any) :
Name(s) and Address of the Tenant, including email id and contact details :
Description of previous tenancy, if any :
Description of premises let to the tenant including appurtenant land, if any :
Date from which possession is given to the tenant:
Rent payable as in section 6:
Furniture and other equipment provided to the tenant :
Other charges payable :
(a) Electricity :
(b) Water :
(c) Extra furnishing, fittings and fixtures :
(d) Other services :
Attach rent/lease agreement, if any :
Duration of tenancy (Period for which let) :
Name and Signature Name and Signature
of Landlord of Tenant
THE SECOND SCHEDULE.
[See section 15 (1)]
DIVISION OF MAINTENANCE RESPONSIBILITY BETWEEN THE LANDLORD AND THE TENANTS.
As per section 15, 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
Structural repairs except those necessitated by damage caused by the tenant.
Whitewashing of walls and painting of doors and windows.
Changing and plumbing pipes when necessary.
Internal and external electrical wiring and related maintenance when necessary.
PART B
Periodic repairs to be got done by the tenant
Changing of tap washers and taps.
Drain cleaning.
Water closet repairs.
Wash Basin repairs.
Bath tub repairs.
Geyser repairs.
Circuit breaker repairs.
Switches and socket repairs.
Repairs and replacement of electrical equipment except major internal and external wiring changes.
Kitchen fixtures repairs.
Replacement of knobs and locks of doors, cupboard, windows etc.
Replacement of fly nets.
Replacement of glass panels in windows, doors etc.
Maintenance of gardens and open spaces let out to or used by the tenant.
THE THIRD SCHEDULE.
[See section 22 (1)]
SPECIAL CATEGORY OF LANDLORDS.
Special category of landlords specified in sub-section (1) of section 22 are as follows :-
Persons allotted residential premises by their employers and asked to vacate the same due to termination of service or change in rules or for any other reason.
Persons released or retired from Government Service including Armed Force or Air Force or Navy or Paramilitary Forces.
Widows, divorcee or single woman.
Person with disabilities.
Person who is of the age of sixty years and above.
STATEMENT OF OBJECTS AND REASONS
While launching "Housing for All" Mission, Government of India recommended to repeal the Rent Control Act and replace it with new legislation on the line of Model Tenancy Act, suggested by the Government of India as one of the mandatory conditions to be fulfilled by the State. To fulfil this mandatory condition, legislation has to be undertaken.