THE CONSTITUTION (SEVENTY-FIFTH AMENDMENT) ACT, 1993
SECTION OF: 1-4
SEVENTY-FIFTH AMENDMENT
Statement of Objects and Reasons appended to the Constitution(Seventy-seventh Amendment) Bill, 1992 which was enacted asthe Constitution (Seventy-fifth Amendment) Act, 1993
STATEMENT OF OBJECTS AND REASONS
The operation of the Rent Control Legislations, as are today invarious States, suffers from major weaknesses and has led to variousunintended consequences. Some of the deleterious legal consequencesinclude mounting and unending litigation, inability of the courts toprovide timely justice, evolution of practices and systems to by passthe operations of rent legislations and steady shrinkage of rentalhousing market.
2. The Supreme Court, taking note of the precarious state of rentlitigation in the country, in the case of Prabhakaran Nair and othersVs. State of Tamil Nadu (Civil Writ Petition 506 of 1986 and otherwrits) observed that the Supreme Court and the High Courts should berelieved of the heavy burden of rent litigation. Tiers of appealsshould be curtailed. Laws should be simple, rational and clear.Litigations must come to end quickly. The idea of a National RentTribunal on an all-India basis with quicker procedure should beexamined.
NEW DELHI; SHEILA KAUL.
The 23rd June, 1992.
3. It is proposed to amend article 323B in Part XIVA of theConstitution so as to give timely relief to the rent litigants byproviding for setting up of State-level Rent Tribunals in order toreduce the tiers of appeals and to exclude the jurisdiction of allcourts, except that of the Supreme Court, under article 136 of theConstitution.
4. The Bill seeks to achieve the aforesaid objects.
THE CONSTITUTION (SEVENTY-FIFTH AMENDMENT) ACT, 1993
[5th February, 1994.]
An Act further to amend the Constitution of India.
BE it enacted by Parliament in the Forty-fourth Year of the Republicof India as follows:-
1. Short title and commencement.-(1) This Act may be called theConstitution (Seventy-fifth Amendment) Act, 1993.
(2) It shall come into force on such date_682 as the CentralGovernment may, by notification in the Official Gazette, appoint.
2. Amendment of article 323B.-In article 323B of the Constitution, inclause (2),-
(a) sub-clauses (h) and (i) shall be re-lettered as sub-clauses (i)and (j), and before sub-clause (i), as so re-lettered, the followingsub-clause shall be inserted, namely:-
"(h) rent, its regulation and control and tenancy issues including theright, title and interest of landlords and tenants;";
(b) in sub-clause (i), as so re-lettered, for the brackets and letter"(g)", the brackets and letter "(h)" shall be substituted;
(c) in sub-clause (j), as so re-lettered, for the brackets and letter"(h)", the brackets and letter "(i)" shall be substituted.
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