[1]HARYANA
URBAN (CONTROL OF RENT AND EVICTION) RULES, 1976 In exercise of the powers
conferred by section 23 of the Haryana Urban (Control of Rent and Eviction)
Act, 1973, the Governor of Haryana hereby makes the following rules, namely:-- These rules may be called the
Haryana Urban (Control of Rent and Eviction) Rules, 1976. In these rules, unless the
context otherwise requires,-- (a) "Act"
means the Haryana Urban (Control of Rent and Eviction) Act, 1973; (b) "recognised
agent" means a person holding a power of attorney authorising him to act
on behalf of his principal or an agent empowered by written authority under the
hand of the principal. An application made under section
4 of the Act, [3][for determination of fair
rent] shall, in addition to the particulars mentioned in rules 5 and 6, contain
the following particulars, namely:-- (a) date of
the tenancy and the rent agreed upon; (b) whether
any furniture is supplied by the landlord for use in the building; (c) whether
any fittings are affixed to a building or part of a building for the more
beneficial enjoyment thereof; (d) details
of accommodation available together with particulars as regards the ground
area, garden and out-houses, if any, appurtenant to the building; (e) amenities
available in regard to lighting, water, sanitation and the like; (f) monthly
rent paid by the tenant; (g) rate of
rent of similar [4][building
or rented land] having similar amenities, if any, in the locality; and (h) such
other particulars as may be relevant to the relief sought in the application. An application under section 13
of the Act, shall, besides the particulars mentioned in rules 5 and 6, contain
the following particulars, namely:-- (a) rent
fixed by agreement; (b) whether
fair rent has been fixed under the Act and if so, the "amount of such fair
rent and date from which it took effect; (c) the
amount of arrears due and the period of default; (d) in case
of a residential building, the number of persons occupying the same and what
portion, if any, is occupied by the landlord and his dependents, and the number
of members who are residing with him as his dependents; (e) [5]in case
of a residential building, the extent of residential accommodation which he
owns or otherwise is in his occupation in the urban area concerned.] (f) in case
of a non-residential building or rented land, the purpose for which the
building or rented land is used and the number of employees, if any, working
therein; and (g) such
other particulars as may be relevant to the relief sought in the application. (1) In
addition to the particulars mentioned in rules 3, 4 and 6 as far as these may
be applicable, every application made under this Act, shall contain simple and
concise narrative of the facts which the party, by whom or on whose behalf the
statement of pleading is made, believes to be material to the case and which he
either admits or believes that he will be able to prove. (2) Every
application under the Act shall be accompanied by a spare copy or sufficient
number of spare copies thereof for service on the respondent mentioned therein. (3) Every
application shall be signed and verified in the manner prescribed under the
rules 14 and 15 of order IV of the First Schedule to the Code of Civil
Procedure, 1908. (1) Every
landlord and every tenant of a building or rented land shall furnish to the
Controller, or any person authorised by him in that behalf, the following
particulars, namely:-- (a) name and
number of the building or rented land, if any, or its description and
boundaries sufficient to identify it; (b) street
and municipal ward or division in which the building or rented land is
situated; (c) name and
address of the landlord, if the particulars are furnished by the tenant, and
name of the tenant, if the particulars are furnished by the landlord; (d) whether
the building is residential, non-residential [6][
x x x x]; and (e) nature of
amenities provided by the landlord to the tenant. (2) Such
particulars shall be furnished within a period of sixty days from the
commencement of theses rules : Provided that when any tenancy is
created the particulars shall be furnished within a period of thirty days of
the creation of tenancy. (1) When an
application under the Act is presented to the Controller he shall fix the date,
time and place at which the enquiry in respect of the application will be held
and send a notice along with a copy of the application to each respondent in
Form 'A' appended to these rules. (2) The
Controller shall give to the parties, a reasonable opportunity to state their
case. He shall also record the evidence of the parties and witnesses examined
on either side and in doing so and in fixing dates for the hearing of parties
and their witnesses, in adjourning proceedings and dismissing application for
default or for other sufficient reasons, the Controller shall be guided by the
principles of the procedure as laid down in the Code of Civil Procedure. In any application or proceedings
pending before the Controller or the appellate authority, as the case may be,
if he thinks fit to do so for the purpose of elucidating any matter in dispute
or for determining the fair rent of any building or rented land, inspect,
either personally or through a Commissioner, any building or rented land. (1) Every
appeal shall be presented in the form of a memorandum signed by the appellant
or his recognised agent to the appellate authority. The memorandum shall be
accompanied by a certified copy of the order appealed against and with such
number of spare copies of the memorandum for service on the respondents as
mentioned therein. (2) The
memorandum shall set forth, concisely and under distinct heads, the grounds of
objection to the order appealed against without any argument or narrative, and
such grounds shall be numbered consecutively. (3) Where the
memorandum of an appeal is not drawn up in the manner hereinbefore prescribed
or is not accompanied by a certified copy of the order appealed against, it may
be rejected, or returned to the appellant or his recognised agent for the
purpose of being amended or attaching to it a certified copy of the order
appealed against, as the case may be, within a time to be fixed by the
appellate authority. Every application made under
sub-section (6) of section 15 shall be signed by the applicant or his
recognised agent presented to the revisional authority or such other officer as
may be authorised by him. Such application shall be accompanied by a certified
copy of the order of the Rent Controller or the appellate authority, as the
case may be, with a spare copy or such number of spare copies of such
application for service on the respondents mentioned therein. Rent, interest and costs assessed
by the Controller, which are tendered by the tenant under section 13 of the
Act, but refused by the landlord, shall be deposited by the tenant in the court
of the Controller. Such sums deposited shall be treated as Civil Court Deposits
and accounted for and dealt with according to the rules of the Civil Deposits
in force in civil courts. The Controller and the appellate
authority shall maintain such of the registers prescribed for use in the civil
courts as may be necessary. (1) [7]The
Haryana Urban Rent Restriction Rules, 1972 framed under the East Punjab Urban
Rent Restriction Act, 1949 (East Punjab Act 3 of 1949), are hereby repealed : Provided that such repeal shall
not affect any proceedings pending or order passed immediately before the
commencement of these rules which shall be continued and disposed of or
enforced as if the said rules had not been repealed. (2) Not with standing
such repeal, anything done or any action taken under these rules so repealed
which is not inconsistent with the provisions of these rules, be deemed to have
been done or taken under the corresponding provisions of these rules as if the
said rules were in force at the time such thing was done or action was taken
and shall continue to be in force, unless and until superseded by anything
done or any action taken under these rules.] [1] Published in Haryana Govt.
Gaz. Legislative Part, Supll. Part III, dated 16th November, 1976. [2] The word
"determination" substituted for the word "fixation" by rule
2 of the Haryana Urban (Control of Rent and Eviction) Second Amendment Rules,
1984. [3] Inserted by rule 2 of the
Haryana Urban (Control of Rent and Eviction) Second Amendment Rules, 1984. [4] Substituted
for the word "building" by rule 2 of the Haryana Urban (Control of
Rent and Eviction) Second Amendment Rules, 1984. [5] Inserted
by rule 3 of the Haryana Urban (Control of Rent and Eviction) Second Amendment
Rules, 1984. [6] The words "or a
schedule building" omitted by rule 4 of the Haryana Urban (Control of Rent
and Eviction) Second Amendment Rules, 1984. [7] Inserted
by Haryana Urban (Control of Rent and Eviction) (First Amendment) Rules, 1984.PREAMBLE