Definitions

In this Act, unless the context otherwise requires, (a) “Government” means the Government of Union Territory of Jammu and Kashmir; (b) “Landlord” whether called landowner or lessor or by any other name, means a person who receives or is entitled to receive, the rent of any premises, on his own account, if the premises were let 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 cannot enter into a contract; (c) “Local authority” means a Village Panchayat or Panchayat Samiti or ZilaParishad 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 as the case may be, a civil area committee appointed under section 47 of the Cantonment Act, 2006 (41 of 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; (d) “Notification” means a notification published in the Official Gazette of the Union territory of Jammu and Kashmir and the expression "notify" with its grammatical variations and cognate expressions shall be construed accordingly; (e) “Premises” means any building or part of a building which is, or is intended to be, let on rent for the purpose of residence or for commercial or for educational use, except 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, but does not include premises such as hotel, lodging house, dharamshala or inn; (f) “Prescribed” means prescribed by rules made by the Government under this Act; (g) “Property manager” means a person or any legal entity including rental agent who is authorized by the landlord to manage the premises and who represents the landlord in his dealings with the tenant; (h) “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; (i) “Rent Authority” means an officer appointed under section 30; (j) “Rent Court” means a Rent Court constituted under section 33; (k) “Rent payable" in relation to any premises means the rent as specified in section 8; (l) “Rent Tribunal” means a Rent Tribunal constituted under section 34; (m) “Schedule” means a schedule annexed to this Act; (n) “Sub-tenant” means a person to whom the tenant sublets whole or part of the premises held by him or transfers or assigns his rights accrued under the tenancy agreement or any part thereof upon entering into a supplementary agreement to the existing tenancy agreement; and (o) “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 Act; but shall not include any person against whom any order or decree for eviction has been made.