The Uttarakhand Tenancy Act, 2021
uttarakhand · 2022
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- S. 1(1) This Act may be called the Uttarakhand Tenancy Act, 2021
- S. 2The section defines key terms such as "landlord," "local authority," "notification," and "premises" for the Uttarakhand Tenancy Act, 2021.
- S. 3Section 3 exempts certain premises from the application of the Uttarakhand Tenancy Act, 2021, unless mutually agreed by owner and tenant.
- S. 4Section 4 mandates written tenancy agreements, their registration with the Rent Authority, and digital documentation in local language.
- S. 5Section 5 outlines the terms and conditions for tenancy agreements, renewals, and rent increases after fixed terms.
- S. 6Section 6 ensures tenancy agreements' terms remain binding on successors after landlord or tenant's death.
- S. 7Section 7 prohibits sub-letting or assigning tenancy rights without a supplementary agreement and requires notification to the Rent Authority.
- S. 8Section 8 specifies that rent for a premise is determined by the agreement between landlord and tenant in their tenancy contract.
- S. 9(1) The revision of rent between the landlord and the tenant shall be in accordance with the terms of the tenancy agree
- S. 10The Uttarakhand Tenancy Act, 2021 allows the Rent Authority to resolve rent disputes by setting revised rent and effective date.
- S. 11Section 11 limits security deposits to two months' rent for residential and six months' for non-residential premises, with refund upon vacating.
- S. 12Section 12 requires landlords and tenants to sign a tenancy agreement in duplicate, each keeping one copy.
- S. 13(1) Every tenant shall pay rent and other charges payable within such period as agreed to in the tenancy agreement
- S. 14Section 14 allows tenants to deposit rent with the Rent Authority if the landlord refuses to accept it.
- S. 15Section 15 mandates landlords and tenants to maintain premises in good condition, with specific repair responsibilities and provisions for cost deductions from security deposits or rent.
- S. 16Tenant must not damage premises, report any damage, and maintain property reasonably habitable.
- S. 17The Uttarakhand Tenancy Act, 2021 allows landlords to enter rented premises after notice, except for emergencies, to repair, inspect, or for other agreed reasons.
- S. 18Section 18 mandates landlords to disclose property manager details to tenants if engaged.
- S. 19Section 19 outlines the duties of a property manager and consequences for non-compliance, including rent collection, repairs, notices, and dispute resolution.
- S. 20Section 20 prohibits landlords from withholding essential services from tenants and allows the Rent Authority to restore services and award compensation.
- S. 21Section 21 of the Uttarakhand Tenancy Act, 2021 allows eviction by the landlord only for specific reasons like non-payment of rent or misuse of premises.
- S. 22Legal heirs of a deceased landlord can apply to evict a tenant to regain possession if they need the rented premises.
- S. 23Section 23 mandates tenants to pay double rent for first two months and quadruple rent thereafter if they don't vacate leased premises.
- S. 24Landlord must refund advance rent to tenant after deducting dues, or pay simple interest if refund is not made.
- S. 25Section allows landlords to request Rent Court to order tenants to pay rent and due charges during eviction proceedings.
- S. 26Section 26 prohibits tenants from making structural changes without landlord consent and allows landlords to seek court permission for improvements.
- S. 27Section 27 allows landlords to apply to a Rent Court for severance of vacant land for building purposes if tenant won't vacate.
- S. 28Section 28 mandates that landlords or their heirs regain possession of premises after interest determination, overriding other laws.
- S. 29Section 29 allows a tenant to relinquish possession by giving a one-month written notice to the landlord.
- S. 30The Uttarakhand Tenancy Act, 2021 mandates the District Collector to appoint a Rent Authority with State Government approval.
- S. 31The Rent Authority has powers equivalent to a Rent Court for specified proceedings.
- S. 32Section 32 allows aggrieved parties to appeal Rent Authority orders to Rent Court within 30 days.
- S. 33Section 33 appoints Additional Collectors or Magistrates as Rent Courts with State Government approval.
- S. 34The Uttarakhand Tenancy Act, 2021 allows the State Government to appoint District Judges as Rent Tribunals in each district.
- S. 35Section 35 outlines the procedure for applications and appeals in Uttarakhand's Rent Courts and Tribunals, emphasizing expeditious disposal and evidence by affidavit.
- S. 36Section 36 grants Rent Court and Rent Tribunal powers equivalent to a civil court for rent-related functions and proceedings.
- S. 37Section 37 outlines the appeal process from Rent Court decisions to the Rent Tribunal in Uttarakhand.
- S. 38Section 38 outlines procedures for executing Rent Court orders, including possession delivery, bank account attachment, and local government assistance.
- S. 39The Uttarakhand Tenancy Act, 2021 allows the state government to appoint officers and employees for Rent Authority, Court, and Tribunal.
- S. 40Section 40 restricts civil courts from hearing tenancy disputes under this Act, limiting Rent Court jurisdiction to specified tenancy agreements.
- S. 41Section 41 applies the Court Fees Act, 1870 for fees on tenancy-related applications and appeals to Rent Authority, Court, or Tribunal.
- S. 42Members of Rent Authority, Rent Court, and Rent Tribunal are deemed public servants under the Indian Penal Code.
- S. 43Section 43 protects individuals and authorities from legal actions for good faith actions taken under the Uttarakhand Tenancy Act, 2021.
- S. 44Section 44 empowers the Uttarakhand state government to create rules for implementing the act, including procedures for rent payments and recovery of premises.
- S. 45The Uttarakhand Tenancy Act, 2021 allows the state government to remove difficulties in implementing the Act for two years.
- S. 47(1) The State Rent Control Act, which is in force immediately before the commencement of this Act, is hereby repealed