THE UTTARAKHAND TENANCY ACT, 2021
Chapter VIII MISCELLANEOUS
Chapter VIII MISCELLANEOUS
39. Officers and other employees of Rent Authority, Rent Court and Rent Tribunal
The State Government/Union territory Administration may, in consultation with the Rent Authority or Rent Court or 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 Act.
Chapter VIII MISCELLANEOUS
40. Jurisdiction of civil courts barred in respect of certain matters
(1) Save as otherwise provided in this Act, no civil court shall entertain any suit or proceeding in so far as it relates to the provisions of this Act. (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 premises.
Chapter VIII MISCELLANEOUS
41. Court fees
(1) The provisions of the Court Fees Act, 1870 (7of 1870) shall apply in respect of applications or appeals to be presented before the Rent Authority or Rent Court or 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 Rent Authority, Rent Court and Rent Tribunal appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code,1860 (45 of 1860).
Chapter VIII MISCELLANEOUS
43. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against any person, Rent Authority, Rent Court or Rent Tribunal in respect of anything which is in good faith done or intended to be done in pursuance of this Act.
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44. Power to make rules
(1) The State Government/Union territory Administration may, subject to the condition of previous publication, make rules for carrying out the provisions of this Act. (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 of digital platform to be put in place by the Rent Authority in the local vernacular language or the language of the State for enabling submissions of documents under sub-section (3) of section 4; (b) the manner of payment of rent and other charges to the landlord by the tenant by postal money order or any other method and the manner of deposit of rent and other charges with the Rent Authority on refusal by landlord to accept the same under sub-section (1) and the manner of deposit of rent with the Rent Authority under sub-section (2), of section 14; (c) manner of making an application for the recovery of possession of the premises under sub-section (2) of section 21; (d) form and manner of making an application for the recovery of possession of the premises under sub- section (1) of section 22; (e) rate of interest payable to the tenant where the landlord fails to make refund under sub-section (2) of section 24; (f) the form and manner of filing application by the landlord before the Rent Court for obtaining possession of the premises let out on rent for erecting building under sub- section (1) of section 27; (g) the form of filing application before Rent Court and appeal before the Rent Tribunal under sub-section (5) of section 35; (h) any other matter to be provided under clause (k) of sub- section (1) of section 36; (i) the manner of execution of an order of a Rent Court or a Rent Tribunal or any other order made under this Act under sub-section (1) of section 38; (j) any other matter which is required to be, or may be, prescribed under the provisions of this Act.
Chapter VIII MISCELLANEOUS
45. Laying of rules
Evry rule made by the state Government under this Act shall be laid as soon as may be, after it is made before the state Legislative Assembly.
Chapter VIII MISCELLANEOUS
47. Repeal and savings
(1) The State Rent Control Act, which is in force immediately before the commencement of this Act, is hereby repealed. (2) Notwithstanding such repeal, all cases and other proceedings under the said State Rent Control Act pending, at the commencement of this Act, shall be continued and disposed of in accordance with the provisions of the State Rent Control Act, as if that Act had continued to be in force and this Act had not been enacted.
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