Chapter I PRELIMINARY

1. (1) This Regulation may be called the Andaman and Nicobar Islands Tenancy Regulation, 2023.
2. (2) It extends to the whole of the Union territory of Andaman and Nicobar Islands.
3. (3) It shall come into force on such date as the Administrator may, by notification in the

Definitions In this Regulation, unless the context otherwise requires,—

1. (a) "Administration" means the Administration of the Union territory of Andaman and Nicobar Islands;
2. (b) "Administrator" means the Lieutenant Governor of the Union territory of Andaman and Nicobar Islands appointed by the President under article 239 of the Constitution;
3. (c) "force majeure" means a situation of war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature, affecting the habitation of the tenant in the premises let out on rent;
4. (d) "landlord", whether called landowner or lessor or by whatever name called, means a person who receives or is entitled to receive, the rent of any premises, on his own account, if such premises were let out to a tenant, and shall include,—
   • (i) his successor-in-interest; and
   • (ii) a trustee or guardian or receiver receiving rent for any premises or is entitled to so receive, on account of or on behalf of or for, the benefit of any other person such as minor or person of unsound mind who is not eligible to enter into a contract;
5. (e) "local authority" means a Village Panchayat or Panchayat Samiti or Zila Parishad or a Municipal Corporation or a Municipal Council or a Nagar Panchayat or a Planning or Development Authority, by whatever name called, or the Cantonment Board, or a civil area committee appointed under section 47 of the Cantonment Act, 2006 or such other body entitled to function as a local authority in any city or town, constituted under any law for the time being in force in the Union territory of Andaman and Nicobar Islands;
6. (f) "notification" means a notification published in the Official Gazette of the Union territory of Andaman and Nicobar Islands;
7. (g) "premises" means any building or part of a building which is, or is intended to be, let out on rent for the purpose of residential or commercial use except for hotel, lodging house, dharamshala, inn and for industrial use and includes—
   • (i) garden, garage or closed parking area, vacant land, grounds and out-houses, if any, appertaining to such building or part of the building; and
   • (ii) any fitting to such building or part of the building for the more beneficial enjoyment thereof;
8. (h) "prescribed" means prescribed by rules made by the Administrator under this Regulation;
   • (i) "property manager" means a person or any legal entity including rental agent who is authorised by the landlord to manage the premises and who represents the landlord in his dealings with the tenant;
9. (j) "rental agent" means any person, who negotiates or acts on behalf of landlord or tenant or both in a transaction of renting of any premises and receives remuneration or fees or any other charges for his services whether as a commission or otherwise and includes a person who introduces, through any medium, prospective landlord and tenant to each other for negotiation for renting of premises and includes property dealers, brokers or middlemen, by whatever name called;
10. (k) "Rent Authority" means an officer appointed as Rent Authority under section 30;
11. (l) "Rent Court" means an officer appointed as Rent Court under section 33;
12. (m) "Rent payable" in relation to any premises, means the rent as specified in sub-section (1) of section 8;
13. (n) "Rent Tribunal" means an officer appointed as Rent Tribunal under section 34;
14. (o) "Schedule" means the Schedules annexed to this Regulation;
15. (p) "sub-tenant" means a person to whom the tenant sub-lets whole or part of the premises held by him or transfers or assigns his rights accrued under the tenancy agreement or a supplementary agreement to the existing tenancy agreement;
16. (q) "supplementary agreement" means an agreement to the existing tenancy agreement executed between the landlord and the tenant on matters referred to in sub-section (1) of section 7;
17. (r) "tenant", whether called lessee or by any other name, means a person by whom or on whose account or on behalf of whom, the rent of any premises is payable to the landlord under a tenancy agreement and includes any person occupying the premises as a sub-tenant and also, any person continuing in possession after the termination of his tenancy whether before or after the commencement of this Regulation, but shall not include any person against whom any order or decree for eviction has been made.

1. (1) Nothing contained in this Regulation shall apply to any,—
   • (a) premises owned or promoted by the Central Government or the Administration or local authority or a government undertaking or enterprise or a statutory body or the Cantonment Board;
   • (b) premises owned by a company, the University or organisation given on rent to its employees as part of service contract;
   • (c) premises owned by religious or charitable institutions as may be specified, by notification by the Administrator;
   • (d) premises owned by Waqf registered under the provisions of the Waqf Act, 1995 or by any trust registered under any other law, relating to public trust, for the time being in force in the Union territory of Andaman and Nicobar Islands; and
   • (e) other building or category of buildings specifically exempted in public interest by notification by the Administrator.
2. (2) Notwithstanding anything contained in sub-section (1), if the owner and the tenant of the premises referred to in clauses (a) to (e) of the said sub-section agrees that the tenancy agreement entered into between such landlord and tenant be regulated under the provisions of this Regulation, such landlord may inform the Rent Authority about the agreement to do so at the time of information of the tenancy agreement under section 4.