RAJASTHAN RENT CONTROL ACT, CHAPTER V-A RENT AUTHORITY & TENANCY AGREEMENTS (Sec 22-A TO 22-C)

22-A. Appointment of Rent Authority

(1) The State Government may appoint, by notification in the Official Gazette, officers of the Rajasthan Administrative Service not below the rank of a Sub-Divisional Officer as the Rent Authority for the jurisdictional area of every Rent Tribunal to perform functions and exercise powers in the matters specified under Sec. 22-B, 22-D, 22-E, 22-G, 23 and 24 of this Act.

(2) An appeal against the order of the Rent Authority shall lie to the Rent Tribunal within sixty days from the date of order.

(3) Save as expressly provided under this Act, every order of the Rent Authority, if not reversed, altered or modified by the Rent Tribunal in appeal, shall be final and shall not be called in question in any civil court.

( 20 Inserted By THE RAJASTHAN RENT CONTROL (AMENDMENT)ACT, 2017(Act 33 Of 2017) dated 27.09.2017)

22-B. Tenancy agreements

(1) Notwithstanding anything contained in this Act or any other law for the time being in force, no person shall, after the commencement of the Rajasthan Rent Control (Amendment) Act, 2017 (Act No. 33 of 2017), let or take on rent any premises except by an agreement in writing, and the particulars of such agreement shall be communicated to the Rent Authority by the landlord and tenant jointly, in the form specified in Schedule-D.

(2) Where, in relation to a tenancy created before the commencement of Rajasthan Rent Control (Amendment) Act, 2017 (Act No. 33 of 2017),-

(a) an agreement in writing having already been entered into, the particulars thereof shall be communicated to the Rent Authority in the form specified in Schedule-D;

(b) no agreement in writing was entered into, the landlord and the tenant shall enter into an agreement in writing with regard to that tenancy, and communicate the particulars thereof to the Rent Authority in the form specified in Schedule-D:

Provided that where the landlord and the tenant fail to present jointly a copy of tenancy agreement under clause (a) or (b) or fail to reach an agreement under clause (b), such landlord and the tenant shall separately file the particulars about such tenancy.

Also Check: Rajasthan Rent Control Free One Liner Notes

(3) Every agreement referred to in sub-sec. (1) shall be executed before the commencement of tenancy and the agreement required to be executed under clause (b) of sub-sec. (2) shall be executed within a period of one year from the date of commencement of Rajasthan Rent Control (Amendment) Act, 2017 (Act No. 33 of 2017).

(4) The Rent Authority after receiving such information about tenancy agreement, shall make entry of particulars of the agreement in a Register maintained for that purpose containing particulars as per Schedule-D and provide a registration number to the parties.

(5) The information provided as per sub-sections (1) and (2) shall be taken as evidence of facts relating to tenancy and matters connected therewith and in its absence any statement in the agreement inconsistent with the details filed as per Schedule-D shall not be received as evidence of the facts before the Rent Tribunal or the Appellate Rent Tribunal, as the case may be.

(6) The Rent Authority shall upload the details of all tenancies along with the registration number provided under sub-sec. (4), in the form and manner prescribed, on its website within fifteen days of the allotment of the registration number.

22-C. Period of tenancy

(1) All tenancies entered into after the commencement of Rajasthan Rent Control (Amendment) Act, 2017 (Act No. 33 of 2017) shall be for a period as agreed between the landlord and the tenant and as specified in the tenancy agreement.

(2) The tenant may approach the landlord for renewal or extension of the tenancy, within the period agreed to in the tenancy agreement, prior to the end of tenancy period and if agreeable to the landlord may enter into a new tenancy agreement with the landlord on mutually agreed terms and conditions.

(3) If a tenancy for a fixed term ends and has not been renewed or the premises have not been vacated by the tenant at the end of such tenancy, the tenancy shall be deemed to be renewed on a month to month basis on the same terms and conditions as were in the expired tenancy agreement, for a maximum period of six months and shall thereafter be deemed to have expired unless renewed by the landlord by agreement with the tenant in writing.

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