Ahmedabad, Oct 6 (IANS) The Gujarat government is considering suggestions from the legal fraternity on the Gujarat Rent Bill, 2026, and is looking at ways to address the concerns raised by lawyers before deciding on the next course of action, Advocate General Kamal Trivedi confirmed on Tuesday.
Approaching Trivedi on the dissent among lawyers, he said the state government is "favorably considering" the concerns of lawyers and is seeking their suggestions, particularly on the proposed transfer of rent-related disputes from courts to administrative authorities.
"The government is favourably considering to see that the anxiety of the lawyers' fraternity is taken care of," the Advocate General told IANS, adding that the state government was considering suggestions from lawyers before taking any step, including possible amendments to the legislation.
The clarification comes a day after Trivedi told the Gujarat High Court that the state government had assured members of the Bar Council of Gujarat (BCG) that it would seek to resolve the issue and that the Bill would not proceed in its present form.
Trivedi, however, clarified that his remarks before the court should not be read as a formal government commitment that the Governor would not sign the Bill.
He said the discussion he had with the judge was a general conversation after the court sought to know why lawyers were on strike and was not a formal statement recorded by the court on the Bill.
"The crux of the matter lies in the fact that on Sunday there was a meeting where all the members of the body which had given a call for a strike were convinced that the government is interested to see that this is put an end to," he added.
According to Trivedi, a meeting was held on Sunday in the presence of Deputy Chief Minister Harsh Sanghavi and members of the BCG.
He said that the members agreed that the state government is open to considering their concerns and that a further meeting with Ministers and officials is to be held later on Tuesday.
Trivedi said the lawyers' principal objection is to the proposed jurisdiction of revenue authorities over rent disputes.
Under the new framework, disputes that were earlier dealt with by Small Causes Courts would be handled by designated administrative authorities, with appeals provided at subsequent levels.
"Their basic issues are that we don't want to go before the revenue authorities," Trivedi said.
He noted that the state government could consider bringing back the earlier framework with improvements to address shortcomings in the existing law.
"The government can think of coming out with an old law with some more improvements," he said.
Trivedi also questioned the decision of the BCG to continue with the strike despite October 4 meeting.
He said that all members present had agreed to wait for the government's response and that he had personally requested Senior Advocate Yatin Oza, President of the Gujarat High Court Advocates’ Association, not to proceed with the boycott.
"I would say this: despite that fact, the body which had given a call perhaps failed to see that they do not go ahead with that. That is unfortunate. My only way of telling was that the strike should not have been there," he told IANS.
The clarification assumes significance as the Gujarat High Court and other courts witnessed disruption on Monday after lawyers across the state abstained from work.
The BCG had called for the statewide boycott after several bar associations had protested against the Bill for days.
The Gujarat High Court Advocates' Association also announced a two-day boycott on October 5 and 6.
The dispute centres on the Gujarat Rent Bill, 2026, which was passed by the state Legislative Assembly on September 11.
The legislation seeks to replace the Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947, with a new framework for regulating tenancy and resolving landlord-tenant disputes.
Under the proposed system, rent-related disputes would be handled through designated rent authorities and rent courts rather than the existing Small Causes Court mechanism.
The Bill provides for authorities led by officers of specified administrative ranks, while appeals would be heard by Rent Tribunals led by District Judges or Additional District Judges.
Lawyers have opposed the transfer of adjudicatory powers to revenue and other administrative authorities, saying that matters involving evidence and judicial determination should continue to be dealt with by courts.
The BCG has said the change would affect lawyers, litigants and the public and has sought restoration of judicial jurisdiction over rent disputes.
The government's position, as conveyed by Trivedi, is that it is not closing the door on changes to the proposed legislation and will consider the legal fraternity's suggestions.
--IANS
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