Arunachal Pradesh Building (Lease, Rent and Eviction) Control Act, 2014
No: 8 Dated: Jun, 04 2014
THE ARUNACHAL PRADESH BUILDING (LEASE, RENT AND EVICTION) CONTROL ACT, 2014
[Act No. 08 of 2014]
An Act to provide for the regulation of letting of the buildings and the rent of such buildings, and to establish better balance between the interests of landlord and tenant, and to lessen the hardships in the litigations and for matters ancillary thereto.
BE, it enacted by the Legislature of the State of Arunachal Pradesh in the Sixty-fifth Year of the Republic of India as follows:-
1. Short title, Extent and commencement:- (1) This Act may be called the Arunachal Pradesh Building (Lease, Rent and Eviction) Control Bill, 2014.
(2) This Act shall apply to the whole of the State of Arunachal Pradesh.
(3) It shall come into force on such date as the Government of Arunachal Pradesh may, by notification in the Official Gazette, appoint.
2. Definition:- In this Act, unless the context otherwise requires.
(a) "Appellate Authority" means the Additional Deputy Commissioner of the District in which the building is situated or any other officer specially empowered by the Government to perform the functions of an Appellate Authority.
(b) "Building" means any building or hut or a part of the building or hut, let or to be let, separately for residential or non-residential purposes and includes –
(i) the garden, grounds/open spaces and outhouses if any, appurtenant to such building or hut or part of such building or hut, and
(ii) any furniture supplied by the landlord for use in such building or hut or part of such building or hut.
(c) "Commissioner" means Commissioner of the Division in which the building is situated.
(d) "Controller" means the person appointed by the State Government under section 31 of the Act.
(e) "Deputy Commissioner" means and the Deputy Commissioner of the District in which the building is situated.
(f) "Government" means the Government of Arunachal Pradesh.
(g) "Landlord" means the owner of the building and includes a person who for the time being is receiving or is entitled to receive the rent of the building, whether on his own account or on behalf of another, or as an agent, trustee, executor, administrator, receiver, guardian or whoever so receives the rent, or entitled to receive the rent, if the building were let to a tenant.
(h) "Premium" means the mutually agreed amount paid by a tenant to the landlord at the time of agreement which does not exceed 2 month rent in the case of residential building and 12 month rent in the case of non-residential building; which should be refunded without interest while vacating the building.
(i) "Prescribed" means prescribed by rules made under this Act:
(j) "Standard Rent" in relation to the building means the rent calculated under section 9.
(k) "State Government" means the Government of Arunachal Pradesh.
(l) "Tenant" means any person by whom or on whose account rent is payable for a building and includes.
(i) a person who occupies a building, as an employee of the landlord of such building either on payment of rent or otherwise.
(ii) the surviving spouse, or any son or unmarried daughter, or parent, or daughter-in-law, being the widow of predeceased son of a deceased tenant who had been living with the tenant in the building as a member of the family upto her/his death.
3. Act not to apply to certain buildings:- The provisions of this Act shall not apply:-
(a) to any building belonging to the State Government or the Central Government, or Cantonment Board or any local authority; and
(b) to any building belonging to Wakf Board or Hindu Dharmik Nayas Board or any other Religious and Charitable Trusts or institution run by the Central or State Government.
4. Tenancy Agreement to be in writing:- (1) Notwithstanding anything contained in section 107 of the Transfer of Property Act, 1882 (Central Act 4 of 1882), no person shall, after the commencement of this Act let or take on rent any building except by an agreement in writing.
(2) Where in relation to a tenancy created before the commencement of this Act, and where no agreement in writing was entered into, the landlord and the tenant shall enter into an agreement in writing with regard to the tenancy including the amount of rent and the period of tenancy; and deposit a copy thereof before the Controller concerned as described in section 13(c) of this Act.
Provided that where the landlord and the tenant fails to present jointly a copy of the tenancy agreement under this sub-section, such landlord and tenant shall separately file the particulars about such tenancy with the Controller concerned in such form and in such manner as may be prescribed.