PREAMBLE
In exercise of the powers conferred by
section 33 of the Jammu and Kashmir Houses and Shops Rent Control Act, 1966 the
Government hereby make the following rules, the same having previously been
published as required by sub-section (3) of said section, namely:-
Rule - 1. Short title and commencement.
(1) These
rules may be called the Jammu and Kashmir Houses and Shops Rent Control Rules,
1981.
(2) They
shall come into force on their publication in the Government Gazette.
Rule - 2. Definitions.
In these rules, unless the context otherwise requires,-
(i) 'Act'
means the Jammu and Kashmir Houses and Shops Rent Control Act, 1966.
(ii) 'Form'
means a form appended to these rules (iii) 'Schedule' means a schedule appended
to the Act; and (iv) 'Section' means section of the Act.
Rule - 3. Manner of making applications under section 8 for fixation or increase of fair rent or revision of fair rent.
(1) An
application under section 8 shall be made in Form 'A' by any land-lord or
tenant to the Controller for fixation or increase of fair rent stating fully
the facts of the case or the grounds on which the increase in fair rent or the
revision of fair rent is claimed.
(2) The
Controller shall consider the facts and ensure that the application contains
sufficient material which warrants determination of fair rent in respect
of premises in occupation of the tenant or let by landlord to any person.
After hearing both the parties and taking into account all the evidence produced
before him, he may pass any order for increasing the fair-rent in accordance
with clauses (a), (b), (c), (d) and (f) sub-section (1) of section 8 and
Schedule 'A' of the Act.
(3) Where no
provisions of the Act for fixing fair-rent apply to any premises the fair rent
shall be determined by the Controller after taking into account following
factors:-
(a) reasonable
cost of construction of the house or shop as on the date of its constructions;
(b) reasonable
price of the land included in the house or shop as on the date of the
commencement of the construction; and
(c) prevailing
rate of rent in the locality for similar accommodation with similar advantages
and amenities and the comperative advantages or disadvantages or the
accommodation in the house or shop.
(4) Whenever
an application is made to the Controller for revision of fair tent he shall
cause a notice to be served on the tenant given sufficient time for mentioning
reasons as to why the fair rent shall not be re-revised or increased in
accordance with the provisions of the Act including Schedule 'A' thereof.
Rule - 4. Form of permit for purchase or hire of any furniture in any house or shop.
The permit referred to in section 5 shall be granted by the
Controller in Form 'B' on an application made to him by the landlord after
considering reasonableness of price of hire of such furniture, as the case may
be.
Rule - 5. Manner of obtaining permission of the Controller for re-letting of any house or shop under section 13.
(1) A
landlord desirous of obtaining the permission of the Controller under section
13 for re-letting any house or shop within six months of the date of his
occupation of the house or shop to any person other than the previous tenant,
shall make an application in writing to the Controller stating fully the reasons
for so re-letting the house or shop and also furnish such other evidence in
support of his prayer as the Controller may require.
(2) On
receiving an application under sub-rule (1), the Controller shall cause a
notice together with a copy of the application to be served on previous tenant
requiring such tenant to appear before him and to file objections, if any, on
such date and at such time as may be specified in the notice, to be served by
registered post with acknowledgement due or if the address of the previous
tenant be not known, the Controller shall publish the notice in any local news
paper and affix a copy of the notice in the house or shop in question, as the
case may be, and another copy in a conspicuous place in the office of the
Controller. The cost of transmission by post and the cost of publication of
such notice shall be borne by the applicant.
Rule - 6. Restoration of possession to Defencepersonnel.
On receipt of application for restoration of possession of a
residential building by any member of the Defence forces or wife of a deceased
member of Defence forces, the Controller shall make such summary enquiry as he
may deem necessary and after acertainingbonafide requirements of such
applicant, shall, while, passing an order for restoration, specify in his order
that the applicant shall be put in physical possession of the residential
building within seven days from the date of order.
Provided that such order shall not be made unless an opportunity
of being heard is given to the tenant.
Rule - 7. Deposit, of rent by the tenant.
(1) The
deposit of rent under section 14 may be made in the office of the Controller
either by the tenant himself, or by any person authorised by him in this
behalf. The application referred to in sub-section (2) of section 14 shall be
filed in Form 'C and it shall be accompanied by challans prepared in triplicate
as nearly as possible in Form 'D' furnishing the particulars referred to in the
said form. While filing the application, the tenant or the authorised person,
as the case may be shall deposit Rs. 5/- as fee for sending to the landlord or
to persons mentioned in sub-section (4) of section 14, the notice of the
deposit, accompanied by a copy of the application by registered-post with
acknowledgement due or in such other manner as the Controller may deem fit. In
case there are more persons than one for receiving the rent, the application
shall be accompanied by as many copies as other are such persons.
(2) On
receipt of deposit, the Controller shall cause a copy or copies of application
for deposit to be sent by registered post with acknowledgement due to the
person to whom the rent was last paid as also to the person or persons
mentioned in the application.
Rule - 8. Manner of withdrawal of deposit of rent.
(1) The
application for withdrawal of rent deposited under section 14 shall be filed in
Form 'E' by the landlord or by the person or persons claiming to be entitled to
the rent either personally or through an authorised person or legal
practitioner. Where the application for withdrawal of rent is filed personally
by the landlord or by person or the persons claiming to be entitled to the rent
or by a duly authorized person, such landlord, person or persons.. claiming to
be entitled to the rent or duly authorised agent as the case may be shall get
himself identified before the Controller by a legal practitioner.
(2) The name
and address of the legal practitioner, through whom an application for
withdrawal of rent is filed or who identifies a landlord, a person or persons
claiming to be entitled to rent, or a duly authorised person shall be entered
in the registers maintained in the office of the Controller such legal
practitioner shall, if required by the Controller, produce his licence before
him and in such cases the particulars of the licence shall also be entered in
the said registers.
(3) The
Controller shall order the amount of rent deposited to be paid to the landlord
or person or persons entitled to the rent either in cash or by cheque.
(4) Subject
to the provisions of the the all sums deposited shall be treated as Civil Court
deposits and accounted for and dealt with according to the Rules of Civil Court
deposits in-force in civil courts.
Rule - 9. Procedure to be followed in inquiries.
In making inquiries under the Act, the Controller or the District
Judge shall follow' procedure laid down:-
(a) in the
case of inquiries relating to officers in the Code of Criminal Procedure,
Samvat 1989, for the trial of cases; and
(b) in the
case of all other inquiries, the Code of Civil Procedure, samvat 1977, for the
trial of suits, recording a memorandum of substance only of the evidence and
the reasons for his findings as in cases in which no appeal lies.
Rule - 10. Manner of service of notices issued under the Act.
In the matter of service of notices, fee payable on every
application made before the Controller or memorandum of appeal filed before the
District Judge under the Act and process fee chargeable therefore including any
other proceedings arising therefrom, the procedure laid down in the rules and
orders for the guidance of Courts subordinate to the High Court of Jammu and
Kashmir shall, with such modification as may be necessary, apply.
Rule - 11. Manner of payment of fine or any sum ordered to be paid under the Act.
(1) The
Controller shall issue a notice of demand to the person on whom a fine is
imposed or who has been ordered to pay any sum under the Act.
(2) The fine
or the sum ordered to be paid under the Act as the case may be, shall be paid
by such person in cash in the office of the Controller and obtain a receipt
therefor. The amount so recovered shall be entered in the account register to
be maintained for the purpose and deposited in the Treasury under relevant account
head.
(3) In
default of payment within the period prescribed under section 24, the
Controller shall refer the case to the Assistant Collector of the First Class
of the district concerned for recovery of such fine or the sum as arrears of
land revenue.
Rule - 12. Payment of costs for making repairs, etc.
(1) A tenant
requiring the landlord to make repairs to the house or shop or to take measures
for the due maintenance of any essential services to the house or shop in
possession of that tenant shall make an application to the Controller stating
full particulars of the repairs needed or the measures to be taken for
maintenance of any essential services.
(2) While
making application under sub-rule (1), the tenant shall submit with the
application the estimates of cost of such repairs duly attested by an Assistant
Engineer of Public Works Department.
Explanation: The expression 'repairs' include such measures as may
be necessary to maintain essential services to the house or shop.
(3) On
receipt of the application, the Controller shall cause a copy of the
application together with a copy of estimates of repairs to be served on the
landlord.
(4) In case
of emergency referred to in section 28, the tenant shall himself cause a notice
to be served on the landlord requiring' him to make any repairs urgently to the
house or shop or to take urgent measures for the maintenance of any essential
services to the house or shop in his possession.
ANNEXURE
ORDER FOR WITHDRAWAL OF
RENT DEPOSITED UNDER SECTION 14
OF THE JAMMU AND KASHMIR HOUSES AND SHOPS RENT CONTROL ACT, 1966
PART I - TO BE FILLED IN BY
THE PETITIONER
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Name/names
and address/addresses of applicant or applicants
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Name/names
and address/addresses of the landlord or person or
persons to whose credit the rent was deposited.
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Name
and address of the tenant on whose behalf the rent was
deposited.
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Specification
of the premises and the period to which the rent relates.
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Amount
of rent deposited with Controller, number and date of the
original deposit.
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Remarks
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2
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3
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4
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5
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6
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Exemined
and found Correct.
Signature
of the Controller's Office.
Signature
of applicant/applicants or Authorised
person/Legal
practitioner for applicant/applicants.
PART II - TO BE FILLED IN
BY THE CONTROLLER'S OFFICE
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SI.
No. & date of payment order
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Challan
No. & date of the original deposit from which
the
payment is sought
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Amount
in deposit
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At
whose credit in deposit
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2
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3
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4
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VERIFIED
Plaesed
pay
Rupees.....................to.............................................................. Please
issue cheque in favour of...........................for
Rupees.........................
Signature
of the Controller
PART III - TO BE FILLED IN
BY THE PAYEE
Received
contents, Rupees.........................
Payee's
Signature.