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EXTRAORDINARY REGD NO. JK-33
THE
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JAMMU AND KASHMIR OFFICIAL GAZETTE
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Vol. 138] Jammu, Sat., the 1st November, 2025/10th Kart., 1947. [No. 32-1
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Separate paging is given to this part in order that it may be filed
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as a separate compilation.
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PART III
Laws, Regulations and Rules passed thereunder.
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GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT — DEPARTMENT OF LAW,
JUSTICE AND PARLIAMENTARY AFFAIRS.
Jammu, the 1st November, 2025.
The following Act as passed by the Jammu and Kashmir Legislative
Assembly received the assent of the Lieutenant Governor on
1st November, 2025 and is hereby published for general information :—
THE JAMMU AND KASHMIR TENANCY ACT, 2025
(Act No. IV of 2025)
[1st November, 2025.]
An Act to establish Rent Authority to regulate renting of premises and
to protect the interests of landlords and tenants and to provide speedy
adjudication mechanism for resolution of disputes and matters connected
therewith or incidental thereto.
2 The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. [No. 32-1
Be it enacted by the Jammu and Kashmir Legislature in the Seventy-
sixth Year of the Republic of India as follows :—
CHAPTER I
PRELIMINARY
(1) Short title, extent and commencement.— (1) This Act may be called
the Jammu and Kashmir Tenancy Act, 2025.
(2) It extends to the whole of the Union Territory of Jammu and
Kashmir.
(3) It shall come into force on such date as the Government may,
by notification in the Official Gazette, appoint and different dates may be
appointed for different provisions of this Act.
2. Definitions.— In this Act, unless the context otherwise requires,
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(a) “Government” means the Government of Union Territory of
Jammu and Kashmir; aC
(b) “Landlord” whether called landowner or lessor or by any other
name, means a person who receives or is entitled to receive, the
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rent of any premises, on his own account, if the premises were let
to a tenant, and shall include-
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(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-
No. 32-1] The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. 3
(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
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behalf of landlord or tenant or both in a transaction of renting of
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any premises and receives remuneration or fees or any other
charges for his services whether as a commission or otherwise and
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includes a person who introduces, through any medium,
prospective landlord and tenant to each other for negotiation for
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renting of premises and includes property dealers, brokers or
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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.
4 The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. [No. 32-1
3. Act not to apply to certain premises.—(1) Nothing in this Act
shall apply to any—
(a) premises owned or promoted by the Central Government or the
Government of Jammu and Kashmir or local authority or a
Government undertaking or enterprise or a statutory body or
Cantonment Board;
(b) premises owned by a company, University or organization 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 Government;
(d) premises owned by Auqaf registered under the Waqf Act, 1995 (43
of 1995) or by any trust registered under the public trust law of the
Union territory of Jammu and Kashmir for the time being in force;
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and
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(e) other building or category of buildings specifically exempted in
public interest by notification by the Government.
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(2) Notwithstanding anything contained in sub-section (1), if the
owner and tenant of the premises referred to in clause (a) to clause (e) of
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the said sub-section agrees that the tenancy agreement entered into
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between such landlord and tenant be regulated under the provisions of this
Act, such landlord may inform the Rent Authority of the agreement to do
so at the time of information of the tenancy agreement under section 4.
CHAPTER II
TENANCY
4. Tenancy agreement.—(1) Notwithstanding anything contained in
this Act or any other law for the time being in force, no person shall, after
the commencement of this Act, let or take on rent any premises except by
an agreement in writing, which shall be informed to the Rent Authority by
the landlord and tenant jointly, in the form specified in the First Schedule
within a period of two months from the date of tenancy agreement.
(2) Where the landlord and the tenant fail to jointly inform the
execution of the tenancy agreement referred to in sub-section (1), the
landlord and tenant shall separately inform the execution of tenancy
agreement to the Rent Authority within a period of one month from the
date of expiry of the period specified in sub-section (1).
(3) The Rent Authority shall, within three months from the date of its
appointment, put in place a digital platform in the local vernacular
language or the language of the Union territory of Jammu and Kashmir for
enabling submissions of document in such form and manner as may be
prescribed.
No. 32-1] The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. 5
(4) The Rent Authority shall, after receiving information about the
execution of tenancy agreement along with the documents specified in the
First Schedule,-
(a) provide a unique identification number to the parties; and
(b) upload details of the tenancy agreement on its website in local
vernacular language or the language of the Union territory of
Jammu and Kashmir, within seven working days from the date
of receipt of such information, in such manner along with such
documents as it may deem fit.
(5) The terms of authorization of the property manager, if any, by the
landlord to deal with the tenant shall be such as agreed to by the landlord
and tenant in that behalf in the tenancy agreement.
(6) The information provided under sub-section (1) and sub section (2)
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shall be conclusive proof of the facts relating to tenancy and matters
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connected therewith, and in the absence of any statement of information,
the landlord and the tenant shall not be entitled to any relief under the
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provisions of this Act.
5. Period of tenancy.— (1) Every tenancy entered into after the
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commencement of this Act shall be valid for a period as agreed upon
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between the landlord and the tenant and as specified in the tenancy
agreement.
(2) The tenant may request the landlord for renewal or extension of
the tenancy, within the period agreed to in the tenancy agreement, and if
agreeable to the landlord, may enter into a new tenancy agreement with
the landlord on mutually agreed terms and conditions.
(3) Where a tenancy for a fixed term ends and has not been renewed
or the tenant fails to vacate the premises at the end of such tenancy, then
such tenant shall be liable to pay an enhanced rent to the landlord as
provided in section 23:
Provided that notwithstanding anything contained in this section, if the
term of tenancy expires at a time when the locality where the premises let
out on rent is situated is affected by any disastrous event of force majeure,
then, subject to requisition by the tenant, the landlord shall allow the tenant
to continue in possession of the said premises till a period of one month
from the date of cessation of such disastrous event on the same terms and
conditions of the tenancy agreement already entered into.
Explanation.—For the purposes of this section, "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.
6 The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. [No. 32-1
6. Rights and obligations of successor in case of death.— The terms
of agreement executed between landlord and tenant, shall be binding upon
their successors in the event of the death of the landlord or tenant, as the
case may be, and in such case, the successors of the deceased landlord or
tenant shall have the same rights and obligations as agreed to in the
tenancy agreement for the remaining period of such tenancy.
7. Restriction on sub-letting.—(1) After the commencement of this
Act, no tenant shall, except by entering into a supplementary agreement to
the existing tenancy agreement,
(a) sub-let whole or part of the premises held by him as a tenant;
(b) Transfer or assign his rights in the tenancy agreement or any part
thereof.
(2) Where the premises is sub-let upon entering into a supplementary
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agreement to the existing tenancy agreement as referred to in sub- section
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(1), the landlord and tenant shall jointly inform the Rent Authority about
the sub-tenancy within a period of two months from the date of execution
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of such agreement in the Form specified in the First Schedule.
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CHAPTER III
RENT
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8. Rent payable.— The rent payable in respect of premises shall be
the rent agreed to between the landlord and the tenant in accordance with
the terms of the tenancy agreement.
9. Revision of rent.—(1) The revision of rent between the landlord
and the tenant shall be in accordance with the terms of the tenancy
agreement.
(2) Where, after the commencement of tenancy, the landlord has
entered into an agreement in writing with the tenant prior to the
commencement of the work and has incurred expenditure for carrying out
improvement, addition or structural alteration in the premises occupied by
the tenant, which does not include repairs necessary to be carried out under
section 15, the landlord may increase the rent of the premises by an amount
as agreed to between the landlord and the tenant, and such increase in rent
shall become effective from one month after the completion of such work.
10. Rent Authority to determine the revised rent in case of
dispute.— In case of any dispute between landlord and tenant regarding
revision of rent, the Rent Authority may, on an application made by the
landlord or tenant, determine the revised rent and other charges payable
by the tenant and also fix the date from which such revised rent becomes
payable.
No. 32-1] The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. 7
11. Security deposit.—(1) The security deposit to be paid by the
tenant in advance shall be such as may be agreed upon between the
landlord and the tenant in the tenancy agreement, which shall
(a) not exceed two months rent, in case of residential premises; and
(b) not exceed six months rent, in case of non-residential premises.
(2) The security deposit shall be refunded to the tenant on the date of
taking over vacant possession of the premises from the tenant, after
making due deduction of any liability of the tenant.
CHAPTER IV
RIGHTS AND OBLIGATIONS OF LANDLORD AND TENANT
12. Original tenancy agreement to be retained by landlord and
tenant.— The tenancy agreement shall be signed in duplicate by both the
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landlord and tenant, and one each of such original signed tenancy
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agreement shall be retained by the landlord and tenant.
13. Rent and other charges payable and receipt for payment
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thereof.— (1) Every tenant shall pay rent and other charges payable within
such period as agreed to in the tenancy agreement.
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(2) Every landlord or his property manager shall, on receipt of
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payment towards rent and other charges payable within the stipulated
period as mentioned in the tenancy agreement from the tenant, shall
provide forthwith against acknowledgement, a duly signed receipt for the
amount received by him:
Provided that where the payment of rent or other charges is made by
the tenant to the landlord through the electronic mode, the bank
acknowledgment thereof shall be conclusive proof of such payment.
14. Deposit of rent with Rent Authority.— (1) Where the landlord
refuses to accept any rent and other charges payable or refuses to give a
receipt, the rent and other charges shall be paid to the landlord by postal
money order or any other method, in such manner as may be prescribed,
consecutively for two months, and if the landlord refuses to accept the rent
and other charges within such period, then the tenant may deposit the same
with the Rent Authority in such manner as may be prescribed.
(2) Where the tenant is unable to decide to whom the rent is payable
during the period of tenancy agreement, the tenant may, in such case,
deposit the rent with the Rent Authority in such manner as may be
prescribed.
(3) Where the rent is deposited under sub-section (1) or subsection (2),
the Rent Authority shall enquire the case as to whom the rent is payable
and pass orders as may deem fit on the basis of the facts of the case.
8 The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. [No. 32-1
(4) The withdrawal of rent and other charges payable, deposited under
sub-section (1) or sub-section (2), shall not by itself operate as an
admission against the landlord or any other claim made by the tenant, if
the landlord withdraws it to the extent of rent agreed upon under the
tenancy agreement.
15. Repair and maintenance of property.— (1) Notwithstanding any
agreement in writing to the contrary, the landlord and the tenant shall keep
the premises in as good a condition as at the commencement of the
tenancy, except for normal wear and tear, and shall respectively be
responsible to repair and maintain the said premises as specified in the
Second Schedule or as agreed to in the tenancy agreement.
(2) In case of common facilities shared among the tenants or with the
landlord, the respective responsibilities of the tenant and landlord to repair
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and maintain those facilities shall be such as may be specified in the
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tenancy agreement.
(3) If the tenant fails or refuses to carry out the repairs referred to in
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sub-section (1) or sub-section (2), the landlord may carry out the repairs
or remove the additional structure erected by tenant without consent of
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tenant and deduct the amount incurred for such repairs or removal as the
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case may be, from the security deposit and the amount so deducted shall
be paid by the tenant within a period of one month of issue of notice by
the landlord in that regard :
Provided that if the cost for such repairs exceed the security deposit,
the tenant shall be liable to pay the excess cost including the security
deposit so deducted to the landlord within a period of one month from the
date of issuance of notice by the landlord in that regard.
(4) In case the landlord refuses to carry out the repairs referred to in
sub-section (1) or sub-section (2), the tenant may carry out such repairs
and deduct the expenditure incurred towards the same from the rent to be
paid for the succeeding months:
Provided that in no case the deduction from rent in any one month
shall exceed fifty per cent of the agreed rent for a month.
(5) Where the premises is uninhabitable without the repairs and the
landlord refuses to carry out the required repairs, after being called upon
by the tenant in writing to do so, the tenant may abandon the premises after
giving the landlord fifteen days notice in writing.
(6) Where the premises let out on rent becomes uninhabitable for the
tenant due to an event of force majeure or the tenant is unable to reside
due to occurrence of such event, the landlord shall not charge rent from
the tenant until the said premises is restored by the landlord, subject to the
provisions of this section, to be inhabitable:
No. 32-1] The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. 9
Provided that where the rented premises becomes uninhabitable as
specified in sub-section (5) or this sub-section and the landlord fails to
carry out the required repairs to make it inhabitable or the said premises
could not be made inhabitable, then, the security deposit and advance rent
shall be refunded by the landlord to the tenant within a period of fifteen
days of the expiry of the notice period, after making due deduction of
liability of the tenant, if any.
Explanation.— For the purposes of this section, "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.
16. Tenant to look after premises.— During the subsistence of
tenancy, the tenant shall
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(a) not intentionally or negligently damage the premises or permit
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such damage;
(b) inform in writing the landlord of any damage;
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(c) take reasonable care of the premises and its contents including
fitting and fixtures and keep it reasonably habitable having
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regard to its condition at the commencement of tenancy and
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the normal incidence of living.
17. Entry into premises.— (1) Every landlord or the property
manager may enter the premises let out on rent after serving a notice, in
writing or through electronic mode, to the tenant at least twenty four hours
before the time of entry under the following circumstances, namely :—
(a) to carry out repairs or replacement or to do or to get work done
in the premises; or
(b) to carry out an inspection of the premises for the purpose of
determining whether the premises are in a habitable state; or
(c) for any other reasonable cause for entry specified in the
tenancy agreement.
(2) The notice referred to in sub-section (1) shall specify the day, time
and reason for entry:
Provided that no person shall enter the premises before sun rise and
after sun set:
Provided further that nothing contained in this section shall prevent
the landlord from entering into the premises let out on rent without prior
notice to the tenant in case of emergent situations like war, flood, fire,
cyclone, earthquake or any other natural calamity, which may affect that
premises.
10 The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. [No. 32-1
18. Information as to property manager.—In case the landlord has
engaged a property manager, the landlord shall provide the following
information to the tenant, namely:—
(a) name of the property manager;
(b) proof that such property manager is authorized by the landlord;
(c) specific purposes for which the property manager has been
authorized by the landlord and the period of such
authorization; and
(d) if the property manager is a legal entity, the name of the entity
and the person authorized in this behalf by that legal entity
who may be contacted in relation to the tenancy agreement.
19. Duties of property manager and consequences of violation of
duties.— (1) The duties of the property manager shall include the
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following, namely:—
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(a) to collect rent against receipt;
(b) to do essential repairs on behalf of the landlord;
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(c) to inspect the premises from time to time;
(d) to give notices to tenant for
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(i) proper maintenance of the premises;
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(ii) delay in payment of rent;
(iii) revision of rent;
(iv) vacation of premises;
(v) renewal of tenancy;
(e) help in resolution of disputes among tenants and between
landlord and tenant;
(f) any other matters relating to tenancy to be acted upon only on
the instructions of the landlord.
(2) Where the property manager acts, in contravention of the
provisions of sub-section (1) or against the instructions of the landlord, the
Rent Authority may, on an application made to it by the landlord or tenant
in that behalf, remove the property manager or impose such costs on the
property manager so as to compensate any loss incurred by the landlord or
tenant due to such contravention.
20. Withholding essential supply or service.—(1) No landlord or
property manager shall, either by himself or through any other person,
withhold any essential supply or service in the premises occupied by the
tenant.
(2) In case of contravention of provisions of sub-section (1) and
on application made by the tenant in this behalf, the Rent Authority
after examining the matter, may pass an interim order directing the
restoration of supply of essential services immediately on service of
No. 32-1] The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. 11
such order upon the landlord or property manager, as the case may
be, pending the inquiry referred to in sub-section (3).
(3) The Rent Authority shall conduct an enquiry in respect of
the application made by the tenant under sub-section (2), and
complete the inquiry within one month of filing such application.
(4) The Rent Authority may, after giving a reasonable
opportunity of being heard, award compensation not exceeding two
months rent to be paid by the person responsible for withholding the
essential supply, so as to compensate the loss incurred.
(5) The Rent Authority may levy a penalty of a sum not
exceeding twice the monthly rent to the tenant, if it finds that the
application was frivolous or vexatious.
Explanation.—For the purposes of this section, essential
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services includes supply of water, electricity, piped cooking gas
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supply, lights in passages, lifts and on staircase, conservancy,
parking, communication links and sanitary services.
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CHAPTER V
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EVICTION AND RECOVERY OF POSSESSION OF PREMISES
BY LANDLORD
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21. Eviction and recovery of possession of premises by
Landlord.— (1) A tenant shall not be evicted during the continuance of
tenancy agreement unless otherwise agreed to in writing by the landlord
and tenant, except in accordance with the provisions of sub- section (2) or
in accordance with the provisions of section 22.
(2) The Rent Court may, on an application made to it by the landlord
in such manner as may be prescribed, make an order for eviction and
recovery of possession of the premises on one or more of the following
grounds, namely: -
(a) that the tenant does not agree to pay the rent payable under
section 8:
(b) that the tenant has not paid the arrears of rent and other
charges payable in full as specified in sub-section (I) of
section 13 for two consecutive months, including interest for
delayed payment as may be specified in the tenancy
agreement within a period of one month from the date of
service of notice of demand for payment of such arrears of
rent and other charges payable to the landlord in the manner
provided in sub-section (4) of section 106 of the Transfer of
Property Act, 1882 (4 of 1882);
12 The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. [No. 32-1
(c) that the tenant has, after the commencement of this Act, parted
with the possession of whole or any part of the premises
without obtaining the written consent of the landlord:
(d) that the tenant has continued to misuse the premises even after
receipt of notice from the landlord to desist from such misuse.
Explanation.— For the purposes of this clause, "misuse
of premises" means encroachment of additional space by the
tenant or use of premises which causes public nuisance or
causes damage to the property or is detrimental to the interest
of the landlord or for immoral or illegal purposes;
(e) where it is necessary for the landlord to carry out any repair
or construction or rebuilding or addition or alteration or
demolition in respect of the premises or any part thereof,
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which is not possible to be carried out without the premises
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being vacated:
Provided that after such repair, construction, rebuilding,
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addition or alteration, the tenant may be allowed to reoccupy
the premises only when it has been mutually agreed to
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between the landlord and the tenant and a new tenancy
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agreement has been submitted with the Rent Authority:
Provided further that the tenant shall not be allowed to
reoccupy the premises:
(i) in the absence of submission of such mutual tenancy
agreement with the Rent Authority; and
(ii) in cases where the tenant has been evicted under the
orders of a Rent Court;
(f) that the premises or any part thereof is required by the
landlord for carrying out any repairs, construction, rebuilding,
additions, alterations or demolition, for change of its use as a
consequence of change of land use by the competent authority.
Explanation.—For the purposes of this clause, the
expression "competent authority" means the Municipal
Corporation or the Municipality or the Development
Authority or any other authority, as the case may be, which
provides permission on matters relating to repair or
redevelopment or demolition of building or permission for
change in land use:
(g) that the tenant has given written notice to vacate the premises
let out on rent and in consequence of that notice the landlord
has contracted to sell the said premises or has taken any other
No. 32-1] The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. 13
step, as a result of which his interests would seriously suffer
if he is not put in possession of that premises:
(h) that the tenant has carried out any structural change erected
any permanent structure in the premises let out on rent without
the written consent of the landlord.
(3) No order for eviction of the tenant on account of failure to pay the
rent specified in clause (b) of sub-section (2) shall be made, if the tenant
makes payment to the landlord or deposits with the Rent Court the arrears
of rent and other charges payable, if any, including interest within one
month from the date of service of the said demand notice upon him.
(4) Where the tenant fails to pay rent consecutively for two months
subsequent to the grant of the relief specified in sub-section (3) in any one
year, then the tenant shall not be entitled to such relief again.
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(5) In any proceedings for eviction under clause (e) of sub-section (2),
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the Rent Court may allow eviction from only a part of the premises, if the
landlord agrees for the same.
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22. Eviction and recovery of possession of premises in case of
death of landlord.— (1) Notwithstanding anything contained in this Act
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or any other law for the time being in force, in case of death of the landlord,
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where there is a bonafide requirement of the premises let out on rent by
the legal heirs of the landlord during the period of tenancy, such legal heirs
may file an application in this behalf for eviction and recovery of
possession of the said premises before the Rent Court in such form and
manner, as may be prescribed.
(2) The Rent Court may, on an application made to it under subsection
(1), if it is satisfied that the legal heirs of the deceased landlord are in
bonafide requirement of the premises let out on rent, pass necessary orders
against the tenant for handing over vacant possession of the said premises
to the legal heirs of the deceased landlord.
23. Enhancement of rent in case of refusal by tenant to vacate.—
Where the tenant fails to vacate the premises let out on rent in accordance
with the tenancy agreement on the expiration of the period of tenancy or
termination of tenancy by an order or notice under the provisions of this
Act, such tenant shall be liable to pay the landlord—
(a) twice the monthly rent for the first two months; and
(b) four times the monthly rent thereafter till the tenant
continues to occupy the said premises.
24. Refund of advance rent by landlord.— (1) Where a landlord
exercises the right of recovery of possession under sub-section (2) of
section 21 or under section 22, and he had received any rent or any other
payment in advance from the tenant, he shall before recovery of
14 The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. [No. 32-1
possession, refund to the tenant such amount after deducting the rent and
other charges due to him.
(2) If the landlord fails to make any refund, he shall be liable to pay
simple interest to the tenant at such rate as may be prescribed from time to
time on the amount which he has omitted or failed to refund.
25. Payment of rent during eviction proceedings.— In any
proceedings for recovery of possession on any ground other than that
referred to in clause (a) or clause (b) of sub-section (2) of section 21, where
the tenant contests the claim for eviction, the landlord may at any stage of
the proceedings apply to the Rent Court to direct the tenant to pay him the
rent payable, as under section 8, and the Rent Court may order the tenant
to make such payment and all other charges due from the tenant along with
penal charges, if any, due to delay in payment, in accordance with the
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provisions of sub-section (1) of section 14.
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26. Permission to build additional structures.— (1) Tenant shall not
carry out any structural change or erect any permanent structure in the
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premises let out on rent without the written consent of the landlord.
(2) Where the landlord proposes to make any improvement in or
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construct any additional structure on any premises which has been let out
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to a tenant and the tenant refuses to allow the landlord to make such
improvement or construct such additional structure, the landlord may
make an application in this behalf to the Rent Court.
(3) On an application made by the landlord under sub-section (2), if
the Rent Court is satisfied that the landlord is ready and willing to
commence the work which is necessary, the Rent Court may permit the
landlord to do such work and may make such other order as it may deem
fit:
Provided that such improvement or additional structure shall not
decrease or diminish or deteriorate the accommodation or housing services
in the premises which may cause undue hardship to the tenant:
Provided further that it shall be the responsibility of the tenant to
remove any such additional structure built by tenant without consent of
landlord.
27. Special provision regarding vacant land.— (1) Notwithstanding
anything contained in section 21 or section 22, where any premises let out
for rent comprises vacant land, upon which it is permissible under the
municipal bye-laws for the time being in force to erect any building
whether for residence or for any other purpose, and the landlord who
intends to erect such building is unable to obtain possession of the same
from the tenant on the basis of the tenancy agreement, the landlord or, in
case of death of the landlord, his legal heirs, may file an application in this
No. 32-1] The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. 15
behalf, in such form and manner as may be prescribed, before the Rent
Court.
(2) The Rent Court may, on receipt of the application referred to in
sub-section (1), if it is satisfied that the landlord is or, as the case may be,
his legal heirs are ready and willing to commence the work and that the
severance of the vacant land from the rest of the premises shall not cause
undue hardship to the tenant—
(a) direct such severance after such enquiry as it may deem fit;
(b) place the landlord in possession of the vacant land;
(c) determine the rent payable by the tenant in respect of the rest
of the premises; and
(d) make such other orders as it may deem fit in the circumstances
of the case.
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28. Vacant possession to landlord.— Notwithstanding anything
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contained in any other law for the time being in force, where the interest,
of a landlord or in case of death of the landlord, of his legal heirs in any
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premises is determined for any reason whatsoever and any order is made
by the Rent Court under this Act for the recovery of possession of such
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premises, such order shall, subject to the provisions of sub-section (3) of
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section 21, be binding on all occupants who may be in occupation of the
premises and vacant possession thereof shall be given by all such
occupants to the landlord or to the legal heirs of the landlord.
29. Provisions regarding notice of giving up possession by
tenant.— Notwithstanding anything contained in this Act or any other law
for the time being in force, a tenant may give up possession of the premises
on giving such written notice as is required under the tenancy agreement
and in the absence of any stipulation relating to such notice, the tenant
shall give notice to the landlord of at least one month before giving up
possession of the premises.
CHAPTER VI
RENT AUTHORITIES,
THEIR POWERS AND APPEALS
30. Rent Authority.—The District Collector or District Magistrate
shall, with the previous approval of the Government, appoint an officer,
not below the rank of Deputy Collector, to be the Rent Authority within
his jurisdiction.
31.Power and procedure of Rent Authority.— The Rent Authority
shall have all the powers as are vested in a Rent Court under this Act in
respect of any proceedings initiated under sections 4, 9, 10, 14, 15, 19 or
section 20 and the procedure as laid down in sections 35 and 36 shall apply
in such proceedings.
16 The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. [No. 32-1
32. Appeals.— (1) Any person aggrieved by the order of the Rent
Authority may prefer an appeal to the Rent Court having territorial
jurisdiction.
(2) The appeal under sub-section (1) shall be preferred within a period
of thirty days from the date of the order of the Rent Authority.
CHAPTER VII
RENT COURTS AND RENT TRIBUNALS
33. Rent Court.—The District Collector or District Magistrate shall,
with the previous approval of the Government, appoint Additional
Collector or Additional District Magistrate or an officer of equivalent rank,
to be the Rent Court for the purposes of this Act, within his jurisdiction.
34. Rent Tribunal.—The Government may, in consultation with the
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jurisdictional High Court, by notification, appoint District Judge or
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Additional District Judge as Rent Tribunal in each district.
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35. Procedure to be followed in Rent Court and Rent Tribunal.—
(1) Save as provided in this section, nothing contained in the Code of Civil
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Procedure, 1908 (5 of 1908) shall apply to the Rent Courts and Rent
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Tribunals, which shall be guided by the principles of natural justice and
shall have power to regulate their own procedure in the following manner,
namely:-
(a) the landlord or the tenant may file an application or appeal
before the Rent Court or, as the case may be, the Rent Tribunal
accompanied by affidavit and documents, if any;
(b) the Rent Court or, as the case may be, the Rent Tribunal shall
then issue notice to the opposite party. accompanied by copies
of application or appeal, affidavit and documents;
(c) the opposite party shall file a reply accompanied by affidavit
and documents, if any, after serving a copy of the same to the
applicant;
(d) the applicant may file a rejoinder, if any, after serving the copy
to the opposite party;
(e) the Rent Court or, as the case may be, the Rent Tribunal shall
fix a date of hearing and may hold such summary inquiry as it
deems necessary.
(2) The Rent Court or, as the case may be, the Rent Tribunal shall
endeavor to dispose the case as expeditiously as possible, not exceeding a
period of sixty days from the date of receipt of the application or appeal:
No. 32-1] The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. 17
Provided that where any such application or, as the case may be,
appeal could not be disposed of within the said period of sixty days, the
Rent Court or the Rent Tribunal shall record its reasons in writing for not
disposing of the application or appeal within that period.
(3) In every application or appeal, before the Rent Court or the Rent
Tribunal, the evidence of a witness shall be given by affidavit :
Provided that the Rent Court or, as the case may be, the Rent Tribunal
may, where it appears to it that it is necessary in the interest of justice to
call a witness for examination or cross-examination, order attendance of
such witness to be present for examination or cross-examination.
(4) The provisions of the Code of Civil Procedure, 1908 (5 of 1908)
regarding service of summons shall be applicable mutatis mutandis for
service of notice by the Rent Court or Rent Tribunal.
(5) Every application or appeal shall be in such form as may be
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prescribed.
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(6) The Rent Authority or Rent Court or the Rent Tribunal as the case
may be, shall not allow more than three adjournments at the request of a
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party throughout the proceedings and in case of reasonable and sufficient
cause to do so, it shall record the reasons for the same in writing and order
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the party requesting adjournment to pay a reasonable cost.
(7) Every application under clauses (a), (b), (e), (f) and (g) of
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subsection (2) of section 21 or under section 22 shall be decided within
ninety days from the date of filing of such application in the Rent Court.
(8) The Rent Court shall decide every application filed under clause
(c) and (d) of sub-section (2) of section 21 within thirty days from the date
of filing of such application.
36. Powers of Rent Court and Rent Tribunal.— (1) The Rent Court
and the Rent Tribunal shall, for discharging their functions under this Act,
have the same powers as are vested in a civil court under the Code of Civil
Procedure, 1908 (5 of 1908) for the purposes of,-
(a) summoning and enforcing the attendance of any person and
examining him on oath
(b) requiring the discovery and production of documents;
(c) issuing commissions for examination of the witnesses or
documents;
(d) issuing commission for local investigation;
(e) receiving evidence on affidavits;
(f) dismissing an application or appeal for default or deciding it
ex-parte;
(g) setting aside any order of dismissal of any application or
appeal for default or any other order passed by it ex-parte;
(h) execution of its orders and decisions under this Act without
reference to any civil court;
18 The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. [No. 32-1
(i) reviewing its orders and decisions;
(j) revision of orders and decisions of Rent Authority and Rent
Court and;
(k) any other matter, which may be prescribed.
(2) Any proceedings before the Rent Court or Rent Tribunal shall be
deemed to be a judicial proceeding within the meaning of section 229 and
267, and for the purpose of section 233, of the Bharatiya Nyaya Sanhita,
2023 (no. 45 of 2023); and the Rent Court and the Rent Tribunal shall be
deemed to be a civil court for the purposes of section 215 and Chapter
XXVIII of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(3) For the purposes of holding any inquiry or discharging any duty
under this Act, the Rent Court may, -
(a) after giving not less than twenty-four hours notice in writing,
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enter and inspect or authorize any officer, subordinate to it, to
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enter and inspect, any premises at any time between sunrise
and sunset;
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(b) by written order, require any person to produce for its
inspection such books or documents relevant to the inquiry, at
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such time and at such place as may be specified in the order.
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(4) The Rent Court may, if it thinks fit, appoint one or more persons
having special knowledge of the matter under consideration as an assessor
or valuer to advise it in the proceeding before it.
(5) Any clerical or arithmetical mistake in any order passed by the
Rent Court or any other error arising out of any accidental omission may,
at any time, be corrected by the Rent Court on an application received by
it in this behalf from any of the parties or otherwise.
(6) The Rent Court may exercise the powers of a Judicial Magistrate
of the first class for the recovery of the fine under the provisions of the
Bharatiya Nagarik Suraksha Sanhita, 2023 and the Rent Court shall be
deemed to be a Magistrate under the said Sanhita for the purposes of such
recovery.
(7) An order made by a Rent Court or an order passed in appeal or
revision, or review under this Chapter shall be executable by the Rent
Court as a decree of a civil court and for this purpose, the Rent Court shall
have the powers of a civil court.
(8) The Rent Court may set aside any order passed ex-parte if the
aggrieved party files an application and satisfies it that notice was not duly
served or that he was prevented by any sufficient cause from appearing
when the case was taken up for hearing.
(9) Save as otherwise expressly provided in this Act, every order made
by the Rent Court shall, subject to decision in appeal, be final and shall
No. 32-1] The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. 19
not be called in question in any original suit, application or execution
proceedings.
37. Appeal to Rent Tribunal.— (1) Any person aggrieved by an order
passed by the Rent Court, may prefer an appeal along with a certified copy
of such order to the jurisdictional Rent Tribunal within the local limits of
which the premises is situated, within a period of thirty days from the date
of that order.
(2) The Rent Tribunal, upon filing an appeal under sub-section (1)
shall serve notice, along with a copy of appeal to the respondent and fix a
hearing not later than thirty days from the date of service of notice of
appeal on the respondent and the appeal shall be disposed of within a
period of sixty days from such date of service.
(3) Where the Rent Tribunal considers it necessary in the interest of
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arriving at a just and proper decision, it may allow documents at any stage
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of the proceedings in appeal:
Provided that no such document shall be allowed more than once
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during the hearing.
(4) The Rent Tribunal may, in its discretion, pass such interlocutory
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order during the pendency of the appeal, as it may deem fit.
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(5) While deciding the appeal, the Rent Tribunal may, after recording
reasons therefore, confirm, set aside or modify the order passed by a Rent
Court.
38. Execution of order.— (1) The Rent Court shall, on an application
filed by any party, execute an order of a Rent Court or a Rent Tribunal or
any other order made under this Act, in such manner as may be prescribed,
by—
(a) delivering possession of the premises to the person in whose
favour the decision has been made; or
(b) attaching one or more bank accounts of the opposite party for
the purpose of recovering the amount specified in such order;
or
(c) appointing any advocate or any other competent person
including officers of the Rent Court or local administration or
local body for the execution of such order.
(2) The Rent Court may take the help from the Government or local
body or the local police for the execution of the final orders:
Provided that no applicant shall obtain police help unless he pays such
costs as may be decided by the Rent Court.
(3) The Rent Court shall conduct the execution proceedings, in
relation to its order or an order of a Rent Tribunal or any other order passed
under this Act, in a summary manner and dispose of the application for
20 The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. [No. 32-1
execution made under this section within a period of thirty days from
thedate of service of notice on opposite party.
CHAPTER VIII
MISCELLANEOUS
39. Officers and other employees of Rent Authority, Rent Court
and Rent Tribunal.— The Government 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.
40. Jurisdiction of civil courts barred in respect of certain
matters.— (1) Save as otherwise provided in this Act, no civil court shall
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entertain any suit or proceeding in so far as it relates to the provisions of
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this Act.
(2) The jurisdiction of the Rent Court shall be limited to tenancy
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agreement submitted to it as specified in the First Schedule and shall not
extend to the question of title or ownership of premises.
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41. Court fees.— (1) The provisions of the Court Fees Act, 1870 (7
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of 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.
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 2 (28) of the
Bharatiya Nyaya Sanhita, 2023 (no. 45 of 2023).
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.
44. Power to make rules.— (1) The Government may, subject to the
condition of previous publication, make rules for carrying out the
provisions of this Act.
No. 32-1] The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. 21
(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 Union territory of Jammu and Kashmir 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;
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(c) manner of making an application for the recovery of possession
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of the premises under sub-section (2) of section 21
(d) form and manner of making an application for the recovery of
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possession of the premises under sub- section (1) of section 22;
(e) rate of interest payable to the tenant where the landlord fails to
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make refund under sub-section (2) of section 24;
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(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.
45. Laying of rules.— Every rule made by the Government under this
Act shall be laid as soon as may be, after it is made, before the Legislature
of Union territory of Jammu and Kashmir.
46. Power to remove difficulties.— (1) If any difficulty arises in
giving effect to the provisions of this Act, the Government may, by order
published in the Official Gazette, not inconsistent with the provisions of
this Act, remove the difficulty:
Provided that no such order shall be made after the expiry of a period
of two years from the commencement of this Act.
22 The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. [No. 32-1
(2) Every order made under this section shall, as soon as may be after
it is made be laid before House of Legislature of Union Territory of Jammu
and Kashmir.
47. Repeal and savings.— (1) The Jammu and Kashmir Residential
and Commercial Tenancy) Act, 2012 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 Jammu and Kashmir (Residential and Commercial Tenancy) Act, 2012
pending, at the commencement of this Act, shall be continued and
disposed of in accordance with the provisions of the said Act as above, as
if that Act had continued to be in force and this Act had not been enacted.
————
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No. 32-1] The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. 23
THE FIRST SCHEDULE
[See Section 4, 7 and 40]
FORM FOR INFORMATION OF TENANCY
To,
The Rent Authority
_______________________
_______________________(Address)
1. Name & Address of the landlord :
_______________________
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2. Name & Address of the Property Manager (if any) :
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_______________________ aC
3. Name(s) & Address of the tenant, including email id
and contact details : _______________________
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4. Description of previous tenancy, if any
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_______________________
5. Description of premises let to the tenant including
appurtenant land, if any :
6. Date from which possession is given to the tenant :
_______________________
7. Rent payable as in section 8 :
_______________________
8. Furniture and other equipment provided to the tenant :
_______________________
9. Other charges payable:
a. Electricity : _______________________
b. Water : _______________________
c. Extra furnishing, fittings and fixtures :
_______________________
d. Other services : _______________________
10. Attach rent or lease or tenancy agreement, if any : ________ ________
24 The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. [No. 32-1
11. Duration of tenancy (Period for which let) :
_______________________
12. Permanent Account Number (PAN) of landlord :
_______________________
13. Aadhaar number of landlord :
_______________________
14. Mobile Number & E-mail of landlord(if available) :
_______________________
15. Permanent Account Number (PAN of tenant) :
_______________________
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16. Aadhaar number of tenant :
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17. Mobile Number & E-mail id of Tenant :
_______________________
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18. Permanent Account Number (PAN) of Property Manager (if any) :
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_______________________
19. Aadhaar number of Property Manager(if any) :
_______________________
20. Mobile Number & E-mail id of Property Manager (if any):
_______________________
Name and signature of landlord Name and signature of tenant
Photograph of landlord Photograph of tenant
Enclosed:
1. Tenancy Agreement
2. Self-attested copies of PAN and Aadhaar of landlord.
3. Self- attested copies of PAN and Aadhaar of tenant.
————
No. 32-1] The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. 25
THE SECOND SCHEDULE
[See Section 15]
DIVISION OF MAINTENANCE RESPONSIBILITY BETWEEN
THE LANDLORD AND THE TENANTS
Unless otherwise agreed in the tenancy agreement, the landlord shall be
responsible for repairs relating to matters falling under Part A and the
tenant shall be responsible for matters failing under Part B.
Part A
Responsibilities of the Landlord
1. Structural repairs except those necessitated by damage caused by
the tenant.
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2. Whitewashing of walls and painting of doors and windows.
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3. Changing and plumbing pipes when necessary.
4. Internal and external electrical wiring and related maintenance
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when necessary.
Part B
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Periodic repairs to be got done by the tenant
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1. Changing of tap washers and taps
2. Drain cleaning
3. Water closet repairs
4. Wash Basin repairs
5. Bath tub repairs
6. Geyser repairs
7. Circuit breaker repairs
8. Switches and socket repairs
9. Repairs and replacement of electrical equipment except major
internal and external wiring changes
10. Kitchen fixtures repairs
11. Replacement of knobs and locks of doors, cupboard, windows etc.
12. Replacement of fly-nets
13. Replacement of glass panels in windows, doors etc.
14. Maintenance of gardens and open spaces let out to or used by the
tenants
Sd/-
ASHISH GUPTA,
Special Secretary to Government,
Department of Law, Justice and Parliamentary Affairs.
India Code, Government of India. Text fetched 10 Oct 2026. Source metadata reports last modification: 2026-02-19. Check the linked official text and subsequent notifications when applying a provision.