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ARUNACHAL PRADESH BUILDING (LEASE, RENT AND EVICTION) CONTROL BILL, 2014
Arunachal Pradesh Building (Lease, Rent and Eviction) Control Bill, 2014
Sections
An ACT
Section 1Section 1(1)
Section 1Section 1(2)
Section 1Section 1(3)
Section 1Section 2
Section 2Section 2(a)
Section 2Section 2(b)
Section 2Section 2(c)
Section 2Section 2(d)
Section 2Section 2(e)
Section 2Section 2(f)
Section 2Section 2(g)
Section 2Section 2(h)
Section 2Section 2(i)
Section 2Section 2(j)
Section 2Section 2(k)
Section 2Section 2(l)
Section 2Section 3
Section 3Section 4(1)
Section 4Section 4(2)
Section 4Proviso to Section 4(2)
Section 4Section 5(1)
Section 5Proviso to Section 5(1)
Section 5Section 12(6)
Section 12Proviso 1 to Section 12(6)
Section 12Proviso 2 to Section 12(6)
Section 12Section 12(7)
Section 12Section 13
Section 13Proviso to Section 13
Section 13Section 14
Section 14Section 15(1)
Section 15Section 15(2)
Section 15Section 16(1)
Section 16Explanation to Section 16(1)
Section 16Section 16(2)
Section 16Section 16(3)
Section 16Section 16(4)
Section 16Proviso to Section 16(4)
Section 16Section 17(1)
Section 17Section 17(2)
Section 17Section 17(3)
Section 17Explanation to Section 17
Section 17Section 18(1)
Section 18Section 18(2)
Section 18Section 18(3)
Section 18Section 18(4)
Section 18Section 18(5)
Section 18Section 19(1)
Section 19Proviso to Section 19(1)(c)
Section 19Explanation I to Section 19(1)(c)
Section 19Explanation II to Section 19(1)(c)
Section 19Section 19(2)(a)
Section 19Proviso to Section 19(2)(a)
Section 19Section 19(2)(b)
Section 19Proviso to Section 19(2)(b)
Section 19Section 20(1)
Section 20Proviso to Section 20(1)
Section 20Section 20(2)
Section 20Section 21(1)
Section 21Section 21(2)
Section 21Section 21(3)(i)
Section 21Section 21(3)(ii)
Section 21Section 21(4)
Section 21Section 21(5)
Section 21Section 21(6)
Section 21Section 21(7)
Section 21Section 21(8)
Section 21Proviso to Section 21(8)
Section 21Section 21(9)
Section 21
arunachal-pradesh-building-lease-rent-and-eviction-control-bill-2014.json
•
69 Sections
•
Arunachal Pradesh
{
"id": 93,
"slug": "arunachal-pradesh-building-lease-rent-and-eviction-control-bill-2014",
"title": "ARUNACHAL PRADESH BUILDING (LEASE, RENT AND EVICTION) CONTROL BILL, 2014",
"short_title": "Arunachal Pradesh Building (Lease, Rent and Eviction) Control Bill, 2014",
"act_number": "3",
"act_year": 2014,
"act_type": "STATE",
"location": "Arunachal Pradesh",
"law_status": "unknown",
"enactment_date": "2014-03-04",
"description": "Arunachal Pradesh Building (Lease, Rent and Eviction) Control Bill, 2014",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "An ACT",
"chapter": null,
"content": "A BILL 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,\nBE, it enacted by the Legislature of the State of Arunachal Pradesh in the Sixty-fifth Year of the Republic of India as follows:-",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "1",
"title": "Section 1(1)",
"chapter": null,
"content": "This Act may be called the Arunachal Pradesh Building (Lease, Rent and Eviction) Control Bill, 2014.",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "1",
"title": "Section 1(2)",
"chapter": null,
"content": "This Act shall apply to the whole of the State of Arunachal Pradesh.",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "1",
"title": "Section 1(3)",
"chapter": null,
"content": "It shall come into force on such date as the Government of Arunachal Pradesh may, by notification in the Official Gazette, appoint.",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "2",
"title": "Section 2",
"chapter": null,
"content": "In this Act, unless the context otherwise requires.",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "2",
"title": "Section 2(a)",
"chapter": null,
"content": "\"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.",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "2",
"title": "Section 2(b)",
"chapter": null,
"content": "\"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 -\n(i) the garden, grounds/open spaces and outhouses if any, appurtenant to such building or hut or part of such building or hut, and\n(ii) any furniture supplied by the landlord for use in such building or hut or part of such building or hut.",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "2",
"title": "Section 2(c)",
"chapter": null,
"content": "\"Commissioner\" means Commissioner of the Division in which the building is situated.",
"footnote": "",
"is_definition": false,
"sort_order": 70
},
{
"number": "2",
"title": "Section 2(d)",
"chapter": null,
"content": "\"Controller\" means the person appointed by the State Government under section 31 of the Act",
"footnote": "",
"is_definition": false,
"sort_order": 80
},
{
"number": "2",
"title": "Section 2(e)",
"chapter": null,
"content": "\"Deputy Commissioner\" means and the Deputy Commissioner of the District in which the building is situated.",
"footnote": "",
"is_definition": false,
"sort_order": 90
},
{
"number": "2",
"title": "Section 2(f)",
"chapter": null,
"content": "\"Government\" means the Government of Arunachal Pradesh.",
"footnote": "",
"is_definition": false,
"sort_order": 100
},
{
"number": "2",
"title": "Section 2(g)",
"chapter": null,
"content": "\"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.",
"footnote": "",
"is_definition": false,
"sort_order": 110
},
{
"number": "2",
"title": "Section 2(h)",
"chapter": null,
"content": "\"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.",
"footnote": "",
"is_definition": false,
"sort_order": 120
},
{
"number": "2",
"title": "Section 2(i)",
"chapter": null,
"content": "\"Prescribed\" means prescribed by rules made under this Act,",
"footnote": "",
"is_definition": false,
"sort_order": 130
},
{
"number": "2",
"title": "Section 2(j)",
"chapter": null,
"content": "\"Standard Rent\" in relation to the building means the rent calculated under section 9.",
"footnote": "",
"is_definition": false,
"sort_order": 140
},
{
"number": "2",
"title": "Section 2(k)",
"chapter": null,
"content": "\"State Government\" means the Government of Arunachal Pradesh.",
"footnote": "",
"is_definition": false,
"sort_order": 150
},
{
"number": "2",
"title": "Section 2(l)",
"chapter": null,
"content": "\"Tenant\" means any person by whom or on whose account rent is payable for a building and includes\n(i) a person who occupies a building, as an employee of the landlord of such building either on payment of rent or otherwise.\n(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.",
"footnote": "",
"is_definition": false,
"sort_order": 160
},
{
"number": "3",
"title": "Section 3",
"chapter": null,
"content": "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\n(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.",
"footnote": "",
"is_definition": false,
"sort_order": 170
},
{
"number": "4",
"title": "Section 4(1)",
"chapter": null,
"content": "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.",
"footnote": "",
"is_definition": false,
"sort_order": 180
},
{
"number": "4",
"title": "Section 4(2)",
"chapter": null,
"content": "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;\nand deposit a copy thereof before the Controller concerned as described in section 13(c) of this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 190
},
{
"number": "4",
"title": "Proviso to Section 4(2)",
"chapter": null,
"content": "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.",
"footnote": "",
"is_definition": false,
"sort_order": 200
},
{
"number": "5",
"title": "Section 5(1)",
"chapter": null,
"content": "In the event of death of a tenant, the right of tenancy shall devolve to his successor in the following order, namely:\n(a) spouse.\n(b) son or unmarried daughter or where there are both son and unmarried daughter, both of them,\n(c) parents,\n(d) daughter-in-law, being the widow of his pre-deceased son.",
"footnote": "",
"is_definition": false,
"sort_order": 210
},
{
"number": "5",
"title": "Proviso to Section 5(1)",
"chapter": null,
"content": "Provided that the successor has ordinarily been living or carrying on business in the premises with the deceased tenant as a member of his family upto the date of her/his death and was dependent on the deceased tenant:",
"footnote": "",
"is_definition": false,
"sort_order": 220
},
{
"number": "12",
"title": "Section 12(6)",
"chapter": null,
"content": "In fixing the standard rent or determining the other charges payable or enhancing rent in respect of any building under this section, the Controller shall specify the date from which the amount, so fixed or determined or enhanced shall be deemed to have effect",
"footnote": "",
"is_definition": false,
"sort_order": 230
},
{
"number": "12",
"title": "Proviso 1 to Section 12(6)",
"chapter": null,
"content": "Provided that, in no case the date so specified shall be earlier than the date of filing of the application for the enhancement of the standard rent:",
"footnote": "",
"is_definition": false,
"sort_order": 240
},
{
"number": "12",
"title": "Proviso 2 to Section 12(6)",
"chapter": null,
"content": "Provided further that if the increase is because of improvement, addition or structural alteration, it shall come into effect from the date of completion of such improvement, addition or alteration.",
"footnote": "",
"is_definition": false,
"sort_order": 250
},
{
"number": "12",
"title": "Section 12(7)",
"chapter": null,
"content": "The Controller may, while fixing standard rent or determining other charges payable or enhancing the rent, order for payment of the arrears of amount due by the tenant to the landlord in such number of instalments as he deems proper.",
"footnote": "",
"is_definition": false,
"sort_order": 260
},
{
"number": "13",
"title": "Section 13",
"chapter": null,
"content": "Any landlord or tenant may file an application to the Controller for fixing the standard rent and determining other charges or enhancing such rent and other charges-\n(a) in the case of any building which was let or in which the cause of action for Lawful enhancement of rent and other charges arose, before the commencement of this Act, within two years from such commencement;\n(b) in the case of any building in which the cause of action for lawful enhancement of rent and other charges arises after the commencement of this Act, within two years from the date on which the cause of action arises;\n(c) in the case of any building constructed on or after the commencement of this Act and for which the provisions of this Act are applicable within two years from the date of such application by the landlord or the tenant.",
"footnote": "",
"is_definition": false,
"sort_order": 270
},
{
"number": "13",
"title": "Proviso to Section 13",
"chapter": null,
"content": "Provided that the Controller may entertain the application after the expiry of the said period of two years, by recording the reasons in writing if he is satisfied that the applicant was prevented by sufficient cause from filing the application in time",
"footnote": "",
"is_definition": false,
"sort_order": 280
},
{
"number": "14",
"title": "Section 14",
"chapter": null,
"content": "Where any sum or other consideration has been paid, whether before or after the commencement of this Act, by or on behalf of a tenant to a landlord, in contravention of any of the provisions of this Act, the Controller may, on an application made to him within a period of one year from the date of such payment, order the landlord to refund such sum or the value of such consideration to the tenant or order adjustment of such sum or the value of such consideration against the rent payable by the tenant",
"footnote": "",
"is_definition": false,
"sort_order": 290
},
{
"number": "15",
"title": "Section 15(1)",
"chapter": null,
"content": "Every tenant who makes payment on account of rent to his landlord shall be entitled to obtain forthwith from the landlord a receipt in the prescribed form for the amount of rent paid by him duly signed by the landlord or his appointed agent",
"footnote": "",
"is_definition": false,
"sort_order": 300
},
{
"number": "15",
"title": "Section 15(2)",
"chapter": null,
"content": "If a landlord, without reasonable cause fails to deliver the tenant a receipt as required by sub-section (1), such landlord shall be liable to fine not exceeding double the amount of rent so paid to be imposed after summary enquiry by the Controller upon a complaint of the party aggrieved within three months from the date of such failure.",
"footnote": "",
"is_definition": false,
"sort_order": 310
},
{
"number": "16",
"title": "Section 16(1)",
"chapter": null,
"content": "Every landlord shall carry out the repairs which he is bound, under any law, contract or custom, to make to a building in possession of a tenant",
"footnote": "",
"is_definition": false,
"sort_order": 320
},
{
"number": "16",
"title": "Explanation to Section 16(1)",
"chapter": null,
"content": "Explanation: In this sub-section, \"repairs\" include annual white-washing, re-colouring and periodical repairs",
"footnote": "",
"is_definition": false,
"sort_order": 330
},
{
"number": "16",
"title": "Section 16(2)",
"chapter": null,
"content": "If the landlord fails to carry out white-washing once in every year, re-colouring once in three years and periodical repairs, which he is bound to make, the tenant may by notice, require him to carry out the same within one month from that date of service of the notice, and, on the landlord's failure to do so within the said period, the tenant may himself carry out the same at a cost not exceeding one month's rent for the building and deduct such cost from the rent.",
"footnote": "",
"is_definition": false,
"sort_order": 340
},
{
"number": "16",
"title": "Section 16(3)",
"chapter": null,
"content": "If the landlord neglects to carry out repairs, other than those referred in sub-section (1), which he is bound to make, the Controller shall, on an application by the tenant, which shall specify the approximate cost of such repairs, cause a notice to be served on the landlord to appear and show cause, within such time as may be fixed in the notice.",
"footnote": "",
"is_definition": false,
"sort_order": 350
},
{
"number": "16",
"title": "Section 16(4)",
"chapter": null,
"content": "If the landlord does not appear in obedience to the notice or if he appears but fails to satisfy the Controller as to why he should not be directed to carry out the repairs or such of them as he finds the landlord is bound to make, the Controller shall after making such further inquiry as may be necessary, direct him to carry out the same within a time to be fixed, and on the landlord's failure to comply with such direction. the Controller may permit the tenant to carry out such repairs at a cost not exceeding such amount as may be specified in the order and to recover such cost from the landlord. It shall, thereafter, be lawful for the tenant to carry out such repairs and to deduct the cost thereof from the rent or recover it otherwise from the landlord as if it were a debt due to him by the landlord",
"footnote": "",
"is_definition": false,
"sort_order": 360
},
{
"number": "16",
"title": "Proviso to Section 16(4)",
"chapter": null,
"content": "Provided that if, the Controller is satisfied that the repairs involved were due to the negligence of the tenant, he will order the tenant to make such repairs and the cost of repair shall be borne by the tenant and the same shall not be recoverable from the landlord by deduction from the rent.",
"footnote": "",
"is_definition": false,
"sort_order": 370
},
{
"number": "17",
"title": "Section 17(1)",
"chapter": null,
"content": "No landlord shall, without just or sufficient cause cut off or withhold any of the amenities enjoyed by the tenant.",
"footnote": "",
"is_definition": false,
"sort_order": 380
},
{
"number": "17",
"title": "Section 17(2)",
"chapter": null,
"content": "A tenant in possession of a building may, if the landlord has contravened the provisions of sub-section (1) make an application to the Controller complaining of such contravention and may restore any of the amenities on his own responsibility, pending consideration of his application by the Controller",
"footnote": "",
"is_definition": false,
"sort_order": 390
},
{
"number": "17",
"title": "Section 17(3)",
"chapter": null,
"content": "If the Controller on enquiry is satisfied that the landlord has without just or sufficient cause cut off or withhold any of the amenities enjoyed by the tenant at the time of the commencement of the tenancy or at any time thereafter, he shall\n(i) in case such amenity has already been restored by the tenant make an order directing the landlord to pay to the tenant the cost of such restoration as determined by him within such time as may be specified in the order, and\n(ii) in any other case, direct the landlord to restore such amenity at such cost and within such time as may be determined by him and also that in case the landlord fails to do so, the amenity may be restored by the tenant at his own cost and such amount as may be specified in the order may be recovered by the tenant as the cost of restoration either by adjustment towards the rent payable by him or as if the amount were a debt due to him by the landlord.",
"footnote": "",
"is_definition": false,
"sort_order": 400
},
{
"number": "17",
"title": "Explanation to Section 17",
"chapter": null,
"content": "Explanation: In this section, \"amenities\" include supply of water, electricity, electricity lights in passages and on staircases, lifts and conservancy or sanitary services.",
"footnote": "",
"is_definition": false,
"sort_order": 410
},
{
"number": "18",
"title": "Section 18(1)",
"chapter": null,
"content": "Every tenant shall be bound to keep the building in good and tenantable repairs in relation to water taps, water closets, bath tubs, geysers, kitchen fixtures, minor electric equipment, glass panel for doors and windows and other minor repairable items etc.",
"footnote": "",
"is_definition": false,
"sort_order": 420
},
{
"number": "18",
"title": "Section 18(2)",
"chapter": null,
"content": "Where any repairs, in relation to a matter falling under sub-section (1), without which the building is not habitable or usable and the tenant neglects or fails to make them within a period of two months after notice in writing, the landlord may apply to the Controller for permission to make such repairs himself and may submit to the Controller an estimate of the cost of such repairs, and, thereupon the Controller may, after giving the tenant an opportunity of being heard and after considering such estimate of the cost and making such enquiries as he may consider necessary, by an order in writing, permit the landlord to make such repairs at such cost as may be specified in the order, and it shall thereafter be lawful for the landlord to make such repairs himself and to recover the cost of such repairs, from the tenant which shall in no case exceed the amount so specified.",
"footnote": "",
"is_definition": false,
"sort_order": 430
},
{
"number": "18",
"title": "Section 18(3)",
"chapter": null,
"content": "The tenant shall make good all damages caused to the premises by his negligence within three months of being informed in writing to do so by the landlord failing which the landlord may apply to the Controller for permission to make good the said damages and the Controller shall decide the matter in the manner provided in sub-section (2)",
"footnote": "",
"is_definition": false,
"sort_order": 440
},
{
"number": "18",
"title": "Section 18(4)",
"chapter": null,
"content": "The tenant shall hand over possession of the building on termination of Tenancy in the same condition, except for the normal wear and tear, as it was when handed over to him at the beginning of such tenancy and in a case where certain damages have been caused, not being damages caused by force majeure, the tenant shall make good the damages caused to the building failing which landlord may apply to the Controller for permission to make good the said damages and the Controller shall decide the matter in the manner provided in sub-section (2).",
"footnote": "",
"is_definition": false,
"sort_order": 450
},
{
"number": "18",
"title": "Section 18(5)",
"chapter": null,
"content": "The tenant shall not, whether during the subsistence of tenancy or thereafter, demolish any improvement or alteration carried out by him in the building or remove any material used in such improvement or alteration, other than any fixture of a removable nature, without the permission of the landlord failing which such demolition or alteration shall be deemed to be a damage caused by such tenant under sub-section (3) and shall be dealt with accordingly.",
"footnote": "",
"is_definition": false,
"sort_order": 460
},
{
"number": "19",
"title": "Section 19(1)",
"chapter": null,
"content": "Notwithstanding anything contained in any contract or law to the contrary, but subject to the provisions of the Industrial Disputes Act, 1947 (Act 14 of 1947), and section 18, where a tenant is in possession of any building, he shall not be liable to eviction there from except in execution of an order passed by the Controller on one or more of the following grounds\n(a) for breach of the conditions of the tenancy, or for sub letting the building or any portion thereof without the consent of the landlord, or if he is an employee of the landlord occupying the building as an employee, on his ceasing to be in such employment:.\n(b) where the condition of the building has materially deteriorated owing to acts of waste by, or negligence or default of the tenant or of any person residing with the tenant or for whose behaviour the tenant is responsible;\n(c) where the building is reasonably and in good faith required by the landlord for his own occupation or for the occupation of any person for whose benefit the building is held by the landlord.\n(d) where the amount of two month rent, lawfully payable by the tenant and due from him is in arrears by not having been paid within the time fixed by contract or in the absence of such contract, by the last day of the month next following that for which the rent is payable or by not having been validly remitted or deposited in accordance with section 27;\n(e) in case of a tenant holding on a lease for a specified period, on expiry of the period of tenancy; and\n(f) the landlord requires the premises in order to carry out any building work at the instance of the Government or the Municipality or the Municipal Corporation or the Regional Development Authority or any other Authority within whose jurisdiction the building lies and such building work cannot be properly and fully carried out without the premises being vacated.",
"footnote": "",
"is_definition": false,
"sort_order": 470
},
{
"number": "19",
"title": "Proviso to Section 19(1)(c)",
"chapter": null,
"content": "Provided that where the Controller thinks that the reasonable requirement of such occupation may be substantially satisfied by evicting the tenant from a part only of the building and allowing that tenant to continue occupation of the rest and the tenant agrees to such occupation, the Controller shall pass an order accordingly, and fix proportionately the standard rent for the portion in occupation of the tenant, which portion shall henceforth constitute the building within the meaning of clause (b) of section 2 and the rent so fixed shall be deemed to be the standard rent fixed under section 12.",
"footnote": "",
"is_definition": false,
"sort_order": 480
},
{
"number": "19",
"title": "Explanation I to Section 19(1)(c)",
"chapter": null,
"content": "Explanation: In this clause, the word \"landlord\" shall not include an agent referred to in clause (g) of section 2.",
"footnote": "",
"is_definition": false,
"sort_order": 490
},
{
"number": "19",
"title": "Explanation II to Section 19(1)(c)",
"chapter": null,
"content": "Explanation II: Where there are two or more buildings let out by the landlord, it will be for the landlord to choose which one would be preferable to him and the tenant or tenants shall not be allowed to question such preference.",
"footnote": "",
"is_definition": false,
"sort_order": 500
},
{
"number": "19",
"title": "Section 19(2)(a)",
"chapter": null,
"content": "Where a servant of the Government in possession of any building private/government as a tenant intends to vacate such building, he shall give fifteen days previous notice in writing of his intention to do so to the landlord and to the Collector who shall under intimation to the landlord within a week of receipt of the notice, either allot the building to any other servant of the Government whom the Collector thinks suitable subject to payment of rent, and the observance of the conditions of the tenancy by such servant of the Government or direct that the landlord shall be put in possession of the building.",
"footnote": "",
"is_definition": false,
"sort_order": 510
},
{
"number": "19",
"title": "Proviso to Section 19(2)(a)",
"chapter": null,
"content": "Provided that when no such order is passed by the Collector, the landlord shall be deemed to have been put in possession of the building.",
"footnote": "",
"is_definition": false,
"sort_order": 520
},
{
"number": "19",
"title": "Section 19(2)(b)",
"chapter": null,
"content": "Where a building is vacated by a servant of the Government, any person occupying such building other than the person referred to in clause (a) shall be liable to be evicted by the Collector in such manner as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 530
},
{
"number": "19",
"title": "Proviso to Section 19(2)(b)",
"chapter": null,
"content": "Provided that after a landlord has been or is deemed to have been put in possession of such building, he may let it to any person.",
"footnote": "",
"is_definition": false,
"sort_order": 540
},
{
"number": "20",
"title": "Section 20(1)",
"chapter": null,
"content": "Notwithstanding anything contained in any other law, where the interest of the tenant, in any building is determined for any reason whatsoever, and any order is made by the Controller under this Act for recovery of possession of such building, the order shall be binding on all persons who may be in occupation of the building and vacant possession thereof shall be given to the landlord by evicting all such persons therefrom",
"footnote": "",
"is_definition": false,
"sort_order": 550
},
{
"number": "20",
"title": "Proviso to Section 20(1)",
"chapter": null,
"content": "Provided that nothing in this section shall apply to any person who has an independent title to such building or to a tenant who has been inducted with the express written permission of the landlord himself personally.",
"footnote": "",
"is_definition": false,
"sort_order": 560
},
{
"number": "20",
"title": "Section 20(2)",
"chapter": null,
"content": "On taking possession of the building, the landlord shall refund the premium collected if any, to the tenant",
"footnote": "",
"is_definition": false,
"sort_order": 570
},
{
"number": "21",
"title": "Section 21(1)",
"chapter": null,
"content": "Every suit by a landlord for the recovery of possession of any premises on the ground specified in clause (c) or (e) of sub-section (1) of section 19 shall be dealt with in accordance with the procedure specified in this section",
"footnote": "",
"is_definition": false,
"sort_order": 580
},
{
"number": "21",
"title": "Section 21(2)",
"chapter": null,
"content": "The Controller shall issue summons in every suit referred in sub-section (1) without delay",
"footnote": "",
"is_definition": false,
"sort_order": 590
},
{
"number": "21",
"title": "Section 21(3)(i)",
"chapter": null,
"content": "The Controller shall, in addition to, and simultaneously with the issue of summons for service on the tenant or tenants, also direct the summons to be served by registered post with acknowledgement due, addressed to the tenant or his agent empowered to accept the service at the place where the tenant or his agent actually and voluntarily resides or carries on business or personally works for gain and may, if the circumstances of the case so require also direct the publication of the summons in the Official Gazette or in newspapers circulating in the locality, in which the tenant is last known to have resided or carried on business or personally worked for gain.",
"footnote": "",
"is_definition": false,
"sort_order": 600
},
{
"number": "21",
"title": "Section 21(3)(ii)",
"chapter": null,
"content": "When an acknowledgement purporting to be signed by the tenant or his agent is received back with an endorsement purporting to have been made by a postal employee to the effect that the tenant or his agent has refused to take delivery of the registered article, the Controller may declare that there has been a valid service of summons.",
"footnote": "",
"is_definition": false,
"sort_order": 610
},
{
"number": "21",
"title": "Section 21(4)",
"chapter": null,
"content": "The tenant on whom summons is duly served (whether by ordinary mail or by registered post) shall not contest the prayer for eviction from the building unless he files an affidavit stating the ground on which he seeks to make such contest and obtains leave from the Controller as hereinafter provided; and in default of the appearance in pursuance of the summons or his obtaining such leave, the statement made by the landlord in the suit for eviction shall be deemed to be admitted by the tenant and the landlord shall be entitled to an order for eviction on the ground aforesaid.",
"footnote": "",
"is_definition": false,
"sort_order": 620
},
{
"number": "21",
"title": "Section 21(5)",
"chapter": null,
"content": "The Controller shall give to the tenant leave to contest the suit if the affidavit filed by the tenant discloses such facts as would disentitle the landlord from obtaining an order for eviction on the grounds specified in clauses (c) and (e) of sub-section (1) of section 19",
"footnote": "",
"is_definition": false,
"sort_order": 630
},
{
"number": "21",
"title": "Section 21(6)",
"chapter": null,
"content": "When leave is granted to the tenant to contest the suit, the latter may, within fifteen days from the date of the order, pray after making requisite fee, that the affidavit may be treated as the written statement or if he chooses to file a separate written statement, he may do so within fifteen days of the grant of leave to contest the suit and if he does not file the written statement within the period he shall not be allowed to do so later. The Controller shall thereafter commence the hearing of the suit as early as practicable.",
"footnote": "",
"is_definition": false,
"sort_order": 640
},
{
"number": "21",
"title": "Section 21(7)",
"chapter": null,
"content": "Notwithstanding anything contained in the Code of Civil procedure, 1908 (Act 5 of 1908) or any other law, the Controller while hearing a suit under this section shall follow the practice and procedure of a Civil Court",
"footnote": "",
"is_definition": false,
"sort_order": 650
},
{
"number": "21",
"title": "Section 21(8)",
"chapter": null,
"content": "No appeal or second appeal shall lie against an order for the recovery of possession of any building made in accordance with the procedure specified in this section.",
"footnote": "",
"is_definition": false,
"sort_order": 660
},
{
"number": "21",
"title": "Proviso to Section 21(8)",
"chapter": null,
"content": "Provided that on an application being made within sixty days of the date of the order of eviction, the High Court may for the purpose of satisfying itself that an order under this section is according to law, call for the records of the case and pass such order in respect thereof as it thinks fit.",
"footnote": "",
"is_definition": false,
"sort_order": 670
},
{
"number": "21",
"title": "Section 21(9)",
"chapter": null,
"content": "Where no application has been made to the High Court in revision as laid down in sub-section (8) above, the order for eviction passed by the controller shall be final or the Controller, which passed the order for eviction may exercise the powers of review in accordance with the provision of order XLVII of the First Schedule to the Code of Civil Procedure, 1908.",
"footnote": "",
"is_definition": false,
"sort_order": 680
}
],
"metadata": {
"Act ID": "20143",
"Act Number": "3",
"Enactment Date": "2014-03-04",
"Act Year": "2014",
"Short Title": "Arunachal Pradesh Building (Lease, Rent and Eviction) Control Bill, 2014",
"Department": "LEGISLATIVE ASSEMBLY SECRETARIAT",
"Type": "STATE",
"Location": "Arunachal Pradesh",
"Law Status": "Unknown"
},
"updated_at": "2026-09-29 21:55:16"
}