Lakshadweep Tenancy Regulation, 2023
Chapter VIII MISCELLANEOUS
Chapter VIII MISCELLANEOUS
39. Officers and other employees of Rent Authority, Rent Court and Rent Tribunal
- (1) The Administrator may, in consultation with the Rent Authority or the Rent Court or the Rent Tribunal, determine the nature and categories of officers and other employees as it considers necessary and appoint such officers and other employees for the efficient discharge of their functions under this Regulation.
- (2) The method of appointment of officers and employees and the terms and conditions of their service shall be such as may be prescribed.
Chapter VIII MISCELLANEOUS
40. Jurisdiction of civil courts barred in respect of certain matters
- (1) Save as otherwise provided in this Regulation, no civil court shall entertain any suit or proceeding in so far as it relates to the provisions of this Regulation.
- (2) The jurisdiction of the Rent Court shall be limited to tenancy agreement submitted to it as specified in the First Schedule and shall not extend to the question of title or ownership of the premises.
Chapter VIII MISCELLANEOUS
41. Court fees
- (1) The provisions of the Court Fees Act, 1870 shall apply in respect of applications or appeals to be presented before the Rent Authority or the Rent Court or the Rent Tribunal, as the case may be.
- (2) For the purposes of computation of court fees, the application for recovery of possession made to the Rent Court and the memorandum of appeals presented before the Rent Tribunal, shall be deemed to be a suit between the landlord and the tenant.
- (3) The court fees for the application filed before the Rent Authority shall be same as that of an interlocutory application presented in a civil court.
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42. Members, etc., to be public servants
Every member of the Rent Authority, the Rent Court and the Rent Tribunal appointed under this Regulation shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
Chapter VIII MISCELLANEOUS
43. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against any person, the Rent Authority, the Rent Court or the Rent Tribunal in respect of anything which is in good faith done or intended to be done in pursuance of this Regulation.
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44. Regulation in addition to and not in derogation of any other law
Save as otherwise provided, the provisions of this Regulation shall be in addition to and not in derogation of any other law for the time being in force in the Union territory of Lakshadweep.
Chapter VIII MISCELLANEOUS
45. Power to make rules
- (1) The Administrator may, subject to the condition of previous publication, make rules not inconsistent with the provisions of this Regulation for carrying out the purposes of this Regulation.
- (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
- (a) the form and manner for submission of documents under sub-section (4) of section 4;
- (b) the manner of providing of unique identification number and uploading details of the tenancy agreement by the Rent Authority and with such documents under sub-section (5) of section 4;
- (c) the method of payment of rent, deposits and other charges and the mode of verification of the same by the authority under sub-section (2) of section 8;
- (d) the manner of payment of rent and other charges and the manner of deposit of rent and other charges, if the landlord refuses to accept the rent and other charges under sub-section (1) of section 14;
- (e) the manner of depositing of rent by the tenant with the Rent Authority under sub-section (2) of section 14;
- (f) the manner of making an application to the Rent Court by the landlord under sub-section (2) of section 21;
- (g) the form and manner of filing an application by the legal heirs of the deceased landlord for eviction and recovery of the possession under sub-section (1) of section 22;
- (h) the rate of interest to be payable by the landlord to the tenant in case such landlord fails to make any refund under sub-section (2) of section 24;
- (i) the form and manner of filing an application by the landlord or his legal heirs in case the landlord is unable to obtain the possession from tenant for erection of buildings under sub-section (1) of section 27;
- (j) the form and manner of filing an appeal before the Rent Court under sub-section (5) of section 35;
- (k) the powers to be exercised by the Rent Court on any other matter under clause (k) of sub-section (1) of section 36;
- (l) the manner of execution of an order issued by a Rent Court or a Rent Tribunal under sub-section (1) of section 38;
- (m) the method of appointment of officers and employees to the Rent Authority, the Rent Court and the Rent Tribunal and the terms and conditions of their service under sub-section (2) of section 39; and
- (n) any other matters which is required to be, or may be, prescribed or in respect of which provision is to be made, by rules.
Chapter VIII MISCELLANEOUS
46. Laying of rules
Every rule made under this Regulation shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree for making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Chapter VIII MISCELLANEOUS
47. Power to remove difficulties
- (1) If any difficulty arises in giving effect to the provisions of this Regulation, the Administrator may, by order published in the Official Gazette, not inconsistent with the provisions of this Regulation, remove the difficulty.
- (2) No order as referred to in sub-section (1) shall be made after the expiry of a period of two years from the date of commencement of this Regulation.
- (3) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
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