Notification No. F 7-76/2014/32 dated the 1st March, 2016 .—In exercise of the powers conferred by sub-section (1) of Section 13-A of the Chhattisgarh Rent Control Act, 2011 (No. 19 of 2012), the State Government, hereby, makes the following rules relating to adaptation of procedure, namely :
Rules
1. Short title and commencement.—
(1) These rules may be called the Chhattisgarh Rent Control Adaptation Rules, 2016.
(2) These rules shall come into force from the date of its publication in the Official Gazette.
2. Application to the Rent controller.—
Application shall be submitted as a plaint before the Rent Control for eviction and recovery, duly signed and venhed by the applicant and supported with affidavit. The application shall be submitted in two copies and the reason of such application shall be clearly stated.
3. Procedure for submission of application.—
(i) Every application shall be submitted before the Rent Controller under the Act along with the documents relied upon.
(ii) Applicant shall also submit such number of copies of application along with the attached documents as may be necessary for service to the defendants / non-applicants.
(Published in C.G. Rajpatra (Asad.haran) dated 2-3-2016 Pages 156(17-37).)
6. Service of summons.—
Notwithstanding anything contained in the Act, service of summons/notices/ information shall be made in the following manner, namely :—
(a) By delegating (assigning) person or to his authorized agent or adult member of his family; or
(b) Acknowledgment may be forwarded by registered post or through courier; or
(c) If the Rent Controller is satisfied that non-applicant is avoiding service of summons or the notice is not served to him due to other reasons, the Rent Controller shall make an order to affix a copy of the notice on the notice board of Office of the Rent Controller and also at the address where the non-applicant last resided for earning livelihood in his/her business and notice shall also be published in the local news paper for circulation of the order.
7. Deposit of rent.—
The tenant shall, within a period of one month after receiving notice of application filed, regularly deposit the rent payable to the owner till 15th of the respective month to the Rent Controller who shall order that the amount shall be paid to the Owner or person entitled through cash or cheque.
8. Marking of deposit.—
All amounts deposited shall be treated as Civil Court deposits and accounts shall be given as per the Civil Court Deposit Rules prevalent in the civil courts of the State and necessary action will be taken.
9. Execution of order.—
All orders passed by the Rent Controller or the Rent Control Tribunal, shall be executed by Rent Controller as decree of a civil court and for this purpose, the Rent Controller shall possess the same power as vested in the civil court.
10. Limitation of the appeal.—
(1) No appeal shall lie before the Rent Control Tribunal against the order of Rent Controller after expiry of a period of 30 days from the date of order passed by the Rent Controller.
(2) Appellate Tribunal, referred to in sub-rule (1), may allow an appeal after expiration of 30 days, if it is satisfied that sufficient reasons exist for not filing an appeal in time:
Provided that in computing the above period, the time required for obtaining the certified copy of the order against which the appeal is to be made, shall be excluded.
11. Format of application.—
(1) Appeal shall be filed as appeal memo, in which the grounds for making appeal against the order passed by the Rent Controller shall be clearly stated and the appeal memo shall be presented in three copies duly signed and verified by the applicant and supported by an affidavit along with certified copy of impugned order.
(2) (i) The Appeal, which is to be filed before the Tribunal, shall be presented before checker/deputed employee, as authorized by Tribunal, and will be presented before the Registrar by the checker after scrutiny.
(ii) The Registrar will check the same minutely and after reporting in the order sheet it will be forwarded to the Bench for consideration. But if any type of error is found then he shall give order to the concerning party/advocate for correcting the same and after such correction, the same shall be presented before the Registrar and on objection raised by the parties regarding such correction, the Registrar shall mention about the error in the order sheet and thereafter it shall be presented before the bench.
12. Duties of Registrar.—
The Registrar shall also perform the following duties, namely :—
(a) Surveillance of service of information letter and other process;
(b) To take necessary action for removal of error in the cases filed before it;
(c) To take decision regarding application filed for appointment of next friend or Guardian regarding minor/unsound person;
(d) To pass order for depositing the amount regarding appeal;
(e) To take action regarding service of notice through publication in newspaper;
(f) To send requisition to the office of the Rent Controller for record and documents;
(g) To decide the copying application regarding pending and disposed records;(h) To decide the queries regarding payment of Court fees;
(i) To decide the application filed regarding return of the document by the parties.
(l) To take action regarding reconstruction of the missing record;
(m) To decide the application regarding deposit of process fees in an untimely manner;
(n) To take decision regarding removal of typographical mistake in the appeal or application filed by the parties;
(o) To discharge the instructed work/order of the Chairman/Member; and
(p) To send, as desired by the Hon'ble Supreme Court, the paper book record of the appeal filed before it against order of the Tribunal along with English translation.
13. Stay on execution of the order or decision.—
Rent Control Tribunal may stay execution of order against which the appeal has been preferred till final disposal of the appeal and impose such conditions as it may deem proper.
According to sub-section (3) of Section 4 of the Act, every agreement shall be in FQRMAT-1 and it shall be presented before the Rent Controller within a period of one month from the date of execution by the landlord.
The Rent Controller shall pass the order within a period of 15 days from the date of final hearing and in case the Rent Controller has not passed its order within the said period, then, he shall fix a date for passing the order and such date shall not be fixed beyond 30 days after the date of final hearing and intimation of the date of passing the order shall be given to the parties or their advocate.
16. Performance of duties in case of vacancy.—
During the period of leave of the Chairman or in his absence, duties shall be performed by the senior most Member of the Tribunal.
The format of summons, witness summons, Talvana and warrant of attachment of movable/immovable properties shall be same as provided in the Code of Civil Procedure, 1908 (No. 5 of 1908).
18.Copy and copying Section.—
(1) Application for certified copy shall be submitted before the authorized officer in the prescribed format, either in person or through an advocate or through recognized agent.
(2) The concerned officer shall forward the said application to the Reader of the Tribunal for record purposes.
(3) After receiving the application the reader shall send it to the copying section with record within three days and if the certified copy is required in the pending case, then prior permission from the Court shall be obtained.
(4) After receiving records, the concerned officer shall prepare a copy of the documents as provided in the application and after affixing @ Rs. 10/- per page, as court fees in the duplicate copy, certify and sign the same. If any party asks for an immediate copy of any document, then the Court Fees charged would be doubled and a separate application has to be presented for the same.
(5) The following table will be typed on last page of every duplicate copy, namely:—
Copyist.............. Comparer.................. Head Copyist......................
(6) The authorised officer shall mention the date and other related information in the aforesaid table and shall check the correctness of prescribed number.
(7) The following register shall be maintained by the authorized officer of the copying section :—
(a) Register of the application for copy;
(c) Detailed Account Book; and
(d) Duplicate receipt Book.
(8) The authorized officer shall receive application along with the amount to be deposited by the party and shall provide a duplicate copy of receipt of such money to the concerned party and shall thereafter enter the same in the register.
(9) All types of entry, which has been collected every day, shall be made in the Account Book and Detailed Account Book.
(10) The account of copying section shall be checked by the Section Officer on day-to-day basis.
(11) If the copying application is received by post, the copying fees shall be entered in copying application register and after preparing the copy, it shall be sent to applicant by post on the address as mentioned in the application.
(12) If the depositing amount is less or particulars of document are incomplete, then intimation shall be given to the applicant in person or by post.
(13) If the applicant fails to complete the particulars even after giving intimation through post, the application shall be filed and amount shall be deposited through passbook.
19. Arrangement and preparation of record during trial and their transmission to the record room.—
(a) Every record shall consist of five files to be named and marked, \ respectively as File A, File A-l, File C-l, File C-2 and File D.
(b) These files shall contain the following papers which shall be arranged in the following order, namely :—
(i) Table of contents;
(ii) Plaint or application together with any schedule annexed thereto;
(iii) Petition for compromise;
(vi) Any other papers which the presiding judge may, for reasons to be recorded, order to be placed in File A.
File A-l shall contain
(i) Table of contents;
(iii) Summons, notice or order with return thereto on the basis of which an ex-parte decree is passed against the defendant;(iv) Written statements of parties;
(vi) Return, report, map of tribunal or commissioner.
File C-l shall contain
(ii) List of documents admitted in evidence together with admitted documents; and
File C-2 shall contain
(iii) Power of attorney, memorandum of appearance, certificates of fees paid to the pleaders and all other papers and petition including those relating to proceedings incidental to the suit or case and not specified as included in any other file; and
File D-shall contain
(ii) All Summons process and letters;
(iii) List of witnesses produced by parties;
(v) Petition relating to the attendance of witnesses or adjournments, proceedings calling for or sending papers or records.
(c) The splitting up of the record and the distribution of the papers into the proper files must in all cases be made immediately after the first hearing and shall be continued from day as the case proceeds.
(1) The following registers shall be maintained by the Office of Rent Controller and Rent Control Tribunal mentioned against each in column no. 3 of the table and shall be preserved for the period shown in column no.4 thereof, the period being counted from the date of the last serial entry in each register. The registers should not however, be destroyed, until the records of all the case entered therein are destroyed. The registers should be kept from year to year until and unless required by any standing orders to be closed at the end of each year, namely:-
(2) Every Rent Controller shall send a monthly report regarding cases instituted, disposed off and that are pending during the month to the tribunal by 10th of every succeeding month.
[See rule 14]
This agreement is made and executed on..... .....(Date) at........ (city) between .................... (Name) aged about......... years, occupation PAN........... UID.............. , Residing at................... (hereinafter called the "Landlord", which expression shall mean and include his heirs, successors, assignees, executors and administrators).
AND
............... (Name), aged about...................... Years, occupation..................... PAN.............. UID...................... Residing at..................... (hereinafter called the "Tenant", which expression shall mean and include his heirs, successors, assignees, executors and administrators).
Whereas, the Landlord is in absolute possession of and/or otherwise well and sufficiently entitled to accommodation described in Schedule hereunder (which shall hereinafter, for the sake of brevity called or referred to as accommodation) and is/are desirous of giving the said premises on rent under the Chhattisgarh Rent Control Act, 2011 (No. 19 of 2012).
And whereas, the Tenant herein is in need of aforesaid accommodation for his residential purpose/commercial or business purpose and tenant herein has/have approached the Landlord with a request to allow to use and occupy the said premises on rent under tenancy basis for a period of. commencing on............ and ending on................ on such terms and subject to conditions as hereinafter provided.
And whereas, the Landlord have agreed to allow the Tenant herein to use and occupy the said accommodation for his aforesaid purposes only on rent on tenancy basis for above mentioned period, on terms and subject to conditions hereinafter provided.
Now therefore it is hereby agreed to and recorded by and between the parties herein as follows :—
1. Period.—
That the Landlord hereby grants to the Tenant herein, a revocable leave to occupy the accommodation on rent under tenancy basis without creating any rights, title and interest in favour of the Tenant, for a period of.................. commencing from...................................... and ending on...
2. Rent and Deposit.—
That the Tenant shall pay to the Landlord rent Rs.. per month and security deposit of Rs................. as interest free refundable deposit. The amount of rent shall be payable within first five days of the concerned month of tenancy.
3. Payment of Deposit.—
That the Tenant shall pay the above mentioned security deposit and rent by Cash (Rs.............. ).
OR
That the Tenant shall pay the above mentioned security deposit and rent by Demand Draft bearing No.......... , Dated........... , drawn from (Bank).......... (Branch).
OR
That the Tenant shall pay the above mentioned security deposit and rent by Cheque, bearing No............... dated.............. , drawn on (Bank)............ (Branch).
4. Maintenance charges.—
That the Tenant shall bear and pay all the maintenance charges in respect of the accommodation.
5. Use.—
(1) That the accommodation shall only be used by Tenant for residential/commercial/business purpose. The Tenant shall maintain the accommodation in its existing condition and damage, if any, caused to the accommodation shall be repaired by the Tenant at his/her own cost subject to normal wear and tear.
(2) The Tenant shall not do anything in the accommodation which is like’y to cause a nuisance to the others, shall not do anything to prejudice, in any manner to the rights of Landlord in respect of said premises, shall not do any unlawful activities prohibited by the State or the Central Government and shall not commit any breach of law.
6. Alteration.—
That the Tenant shall not make or permit to do any alteration or addition to the construction or arrangement (internal or external) to the accommodation without previous consent in writing from the Landlord.
That the Tenant shall not claim any right and shall not have any right to transfer, assign and sublet or grant any lease/license or sub-lease/sub-license in respect of the accommodation or any part thereof and also shall not mortgage or raise any loan against the accommodation.
That, the Landlord shall, on reasonable notice given to the Tenant, have a right of access either by himself or through authorized representative to enter, view and inspect the accommodation at any time and also at reasonable intervals.
That, if the Tenant commits, default in regular and punctual payments of monthly rent as herein before mentioned or commits breach of any of the terms and conditions of this agreement or if any legislation prohibiting the tenancy is imposed, the Landlord shall be entitled to revoke and/or cancel the tenancy hereby granted, by giving notice in writing and the Tenant too, will have the right to vacate the said premises, by giving a notice in writing to the Landlord.
That, immediately, on the expiration or termination or cancellation of this agreement, the Tenant shall vacate the said premises without delay with all his goods and belongings and shall handover possession to the Landlord.
In addition to above, the Tenant and Landlord shall enjoy rights according to Schedule 1 and 2 of the Chhattisgarh Rent Control Act, 2011, respectively and shall obey obligations according to Schedule 4 and 3 of the said Act respectively.
(Note.—
In addition to above parties have liberty to incorporate any additional terms and conditions available to them under any law binding on them.)
(Being the correct description of Accommodation)
In witness whereof, the parties hereto have set and subscribed their respective signatures hereto in the presence of witness who are identifying the executants and have also sent and subscribed their respective signatures on ............. day of........... (Month)........... (Year).
Signature (landlord)...................
Signature (tenant)......................
Witness:
1. ...............
2. ...............