PURPOSE OF 2017 AMENDMENT : In order to keep up with the National Housing Policy, 2007, Draft Model Tenancy Act, 2015 was framed as a model for all states to achieve beneficial results for both, tenants and landlords resulting in the advancement of affordable housing for all.
The Rajasthan Rent Control Act 2001 was amended in 2017 in line with the above-said recommendations.
1. Insertion of Chapter V-A (Sec.22-A,22-B,22-C) & V-B (Section 22-D to 22-G)
2. RENT AUTHORITY :
· CREATION OF RENT AUTHORITY(RA) under section 2(k)
· APPOINTMENT OF OFFICIERS : Addition of Section 22-A : Rajasthan Administrative Services (R.A.S.) not below the rank of Sub-Divisional Officers (SDOs) will be appointed as Rent Authority to perform the functions under Secs.22-B,22-G,22-H,22-J,22k,23 and 24.
· They will be treated as Public Officer under section 21 of IPC. (Sec-26-A)
· POWERS AND PROCEDURE : Section 21-A clarifies that powers and procedure of Rent Tribunal under Section 21, will be applicable mutatis mutandis for Rent Authority.
3. Clause (i), (ii) and (iii) in Section 3 which in effect gave exemption from RRCA,2001 for certain categories including
i. new premises,
ii. tenancy agreement for 5 years,
iii. guidelines based on the rent paid (7000rs in Municipal area of Jaipur city etc..)
Are now deleted in 2017 Amendment.
Now the section 3, which gives exception to application of RRCA, is limited to central and state
government buildings or premises.
4. 2017 Amendment gives the option to pay the rent directly to rent authority under Section 9. This would prevent tactics played by landlord to evict the tenant on the ground of non-payment of rent.
5. Section 19-A empowers the Rent Tribunal to order the tenant to pay all arrears or due pending the application before it.
6. SCHEDULE-D – form of information of tenancy – as required under section 22-B.
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