R.1 .

These Rules may be called the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Rules, 1961.

R.2 .

       In these rules, unless the context otherwise requires
       (a)"Act" means the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960;
       (b)"recognised agent" means
       (i) a person holding a power of attorney authorizing him to act on behalf of his principal; or
       (ii) an agent empowered by written authority under the hand of his principal;
       (c)"section" means a section of the Act;
       (d) The expressions used in these rules which have been defined in the Act shall have the same meaning as are assigned to them in the Act.

R.3 .

       The particulars to be furnished under Section 28 to the Controller or any person authorised by him in that behalf shall be the following :
       (1) Donor number of the building and name, if any.
       (2) Street and municipal ward or division in which the building is situated.
       (3) 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.
       (4) Whether the building is residential or non-residential.
       (5) Whether any furniture is supplied by the landlord for use in the building.
       (6) Details of the accommodation available together with particulars as regards the ground area, gar

R.4 .

       (1) Every notice under sub-section (1) or sub-section (2) of Section 3 shall contain the particulars mentioned in the Form appended to these rules, and shall be presented to the authorised officer.]
       Note :- The notice under sub-section (1) of Section 3 shall be a notice of actual vacancy and not a notice of anticipated vacancy. Even if a landlord gives a notice in anticipation of his building becoming vacant, it is obligatory on him to give within ten days of his building actually becoming vacant a notice of such actual vacancy containing the particulars referred to in this rule.
       (2) The intimation to be given by the Government or the authorised officer under sub-section (3) or sub-section (4)(c) of Section 3 shall be served on the landlord concerned
       (i) by delivering or tendering it to him;

R.5 .

       (1) A tenant desirous of depositing the rent under sub-section (5) of Section 8 or Section 9 or Section 11 shall deposit the same, if the building concerned is in the City of Hyderabad, in the State Bank of Hyderabad, and if the building is elsewhere, in the Controllers Office or in the nearest Treasury, whichever is convenient, after obtaining permission for the deposit of the rent from the Controller.
       (2) The challan accompanying the deposit of the rent shall be in the Andhra Pradesh Treasury Code, Form No.10 in triplicate and shall specify
       (a) the name and address of the tenant by whom or on whose behalf the rent is deposited;
       (b) the name and address of the landlord entitled to receive the rent deposited;
       (c) the rent at which and the period

R.6 .

       (1) Any person, who is entitled and who desires to receive the rent deposited under sub-section (5) of Section 8 or Section 9 or Section 11 shall present an application for the purpose to the Controller supported by an affidavit showing how he is entitled to receive the rent deposited : Provided that no affidavit in support of the application shall be required in the case of any order passed by the Controller under sub-section (4)(b) of Section 9 or by a competent Court under sub-section (5) of Section 9, if a copy of the order thereof is attached to the application.
       (2) On receipt of the application under sub-rule (1), the Controller shall, if he is satisfied, pass an order directing the payment to the applicant of the rent specified in the application.
       (3) On production of the order passed under sub-rule (2) directing the payment to

R.7 .

       (1) Every application under the Act shall in addition to the particulars necessary to support it, contain also the particulars prescribed in Rule 3 so far as they may be applicable and every application for eviction under Section 10 shall also state the grounds on which the application is made, accompanied by the agreement of tenancy, if any, rent receipt and a copy of the notice issued to the tenant.
       (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 or respondents mentioned therein.
       (3) Every application shall be signed by the applicant or his Counsel and be presented to the Controller by the applicant himself personally or by his recognised agent or by Counsel at any time during office hours on a working day
    &n

R.8 .

       (1) When an application under the Act is presented to the Controller he shall fix the date on which and the place at which the inquiry in respect of the application will be held and send notice thereof to the applicant or applicants and the respondent or respondents mentioned in the application and shall also send a copy of the application alongwith the notice to the respondent or respondents :
       Provided that in the case of applications for eviction filed under *[xxxx] sub-section (3) of Section 10 in respect of buildings of which the State Government or the Central Government are tenants, he shall not be bound to give such notice unless he considers such notice necessary, regard being had to the averments in the petition or any other material circumstance.
       (2) The Controller shall give to the parties a reasonable opportunity to state t

R.9 .

       An appellate authority may transfer a case from the file of one Controller to that of another Controller within his jurisdiction -
       (i) if the Controller on whose file the case is pending is personally interested in it and reports the matter to the appellate authority; or
       (ii) if on any application for transfer by any party in the case, the appellate authority is satisfied that there are sufficient grounds for the transfer; or
       (iii) if the appellate authority considers such transfer proper on administrative grounds.
       *[Explanation :- It shall be obligatory on the part of the Controller on whose file a case in which he is personally interested, is pending to report the matter to the appellate authority at the earliest opportunity.]

R.10 .

       (1) Every appeal against an order of the Controller shall, in addition to the grounds of appeal, specify the date on which the order was received by the appellant. The appeal shall be signed by the appellant or his Counsel duly stamped and presented to the appellate authority or to such officer as he appoints in this behalf by the appellant himself personally or by his recognised agent or by Counsel at any time during office hours on a working day. The appeal shall be accompanied by a copy of the order of the Controller appealed from.
       (2) Every appeal under the Act shall be accompanied by a spare copy of sufficient number of spare copies thereof for service on the respondent or respondents mentioned therein.
       

R.11 .

       (1) When an appeal under the Act is preferred the appellate authority shall fix a day for hearing the appeal and send notice thereof to the appellant or appellants and the respondent or respondents mentioned in the appeal and shall also send a copy of the appeal along with the notice to the respondent or respondents.
       (2) If the appellate authority decides to make further inquiry, he may take additional evidence or require such evidence to be taken by the Controller.
       (3) Where an order is passed ex parte against a tenant or a landlord or an order of dismissal for default is passed by the appellate authority, the party affected may, within thirty days from the date of pronouncement of the order in open Court, apply to the appellate authority by whom the ex parte order or the order of dismissal was passed, for an order to set it aside, and

R.12 .

       The High Court may transfer an appeal from the file of the appellate authority,
       (i) if the appellate authority before whom the appeal is pending is personally interested in the appeal and reports the matter to the High Court; or
       (ii) if, on an application for transfer by any party in the appeal, the High Court is satisfied that there are sufficient grounds for such transfer.

R.13 .

In cases falling under Section 5 of the Act or in any other case under the Act, the Collector or the appellate authority concerned may, if he thinks fit to do so, personally inspect the building concerned after giving notice to the parties concerned *[and record a note of inspection in brief. Every such note shall form part of the record of the case, a copy of which may be furnished to the party concerned in accordance with these Rules.]

R.14 .

       (1) No landlord shall, in the case of a building in respect of which a notice of vacancy is to be given under Section 3, cut off or withhold any of the amenities therein at any time until he becomes entitled to let the building to a tenant or occupy it himself under sub-section (5) of Section 3.
       ]
       (2) In cases falling under Section 3 the authorised officer or any person authorised by him in that behalf may, if he thinks fit to do so, personally inspect the building concerned and may call for any particulars in respect of the said building from the landlord or tenant or occupant or any previous tenant or occupant thereof, who shall furnish the particulars so called for.
       After inspection the officer or person shall record a note of inspection in brief and every such note shall form part of the

R.15 .

       Any appearance, application or act in any proceeding before the Controller or the appellate authority may be made or done by the party in person or by his recognized agent or by Counsel :
       [Provided that in any such proceeding where the Union of India or the State of Andhra Pradesh or any public servant under the Union or the State in his official capacity, are parties, no Government or other pleader appearing on their behalf shall be required to present any document empowering him to act, but such pleader shall file a memorandum of appearance signed by him and such memorandum of appearance need not be stamped.]

R.16 .

       (1) All notices under the Act issued by the Controller or the appellate authority and all orders passed by the Controller or the appellate authority if not pronounced in open Court shall be served on the person concerned:
       (a) personally by delivering or tendering to him the notice or order; or
       (b) if such person is not found, by leaving the notice or order at his last known place of abode or business or by giving or tendering the same to some adult member of his family; or
       (c) if such person does not reside in the area within the jurisdiction of the Controller or the appellate authority, by sending the same to him by registered post, acknowledgment due; or
       (d) if none of the means of aforesaid is practicable, by affixing the same in some conspic

R.17 .

       (1) In respect of every application filed under the Act the applicant or applicants, as the case may be, in the Court of the Rent Controller, shall pay, whenever the service of any notice or order issued under the Act is directed to be executed through Court in the shape of Court-fee stamps of the value of Rs.8-00 (Rupees eight only) in the case of the first respondent and in the case of every additional respondent at the rate of Rs.4-00 (Rupees four only) if such additional respondent or respondents are living at the same address.
       (2) In respect of every notice or order directed to be served through Court on any respondent or the opposite party in any appeal or proceeding pending in the Appellate Court under the above Act, a sum of Rs.9-00 (Rupees nine only) shall be paid by the party seeking such service in respect of first respondent and Rs.4-50 (Rupees four and paise fifty onl

R.18 .

       (1) Any person affected by any order passed by the Controller or the appellate authority shall be entitled to be furnished with a copy thereof and any other connected document duly certified by the Controller or the appellate authority, as the case may be, on application, provided that a certified copy of the document applied for shall be furnished on ordinary white paper supplied by the applicant.
       (2) The application shall state whether the applicant has any and what interest in the subject-matter of the document, and purpose for which a copy is required and if the same is required for the purpose of an intended or pending proceeding, the nature of the said proceeding, and the relevancy of the document to the case of the applicant.
       (3) One paper shall be furnished for every 416 words or fraction thereof.
    &nb

R.19 .

       (1)Every application for making the legal representative or, as the case may be, the legal representatives of a deceased person party to a proceeding under the Act shall be preferred within thirty days from the date of the death of the person concerned.
       [Explanation :- For the purpose of this rule (1) legal representative means a person who in law represents the estate of a deceased person and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character, the person on whom the estate devolves on the death of the party so suing or sued.
       (2) An application may be admitted after the period specified in this rule, if the applicant satisfies the Controller or appellate authority that he had sufficient cause for not making the application within such period.
 &n

R.20 .

       (1) Every summons issued under Section 25 shall be served on the witness concerned by personally delivering or tendering it to him or by sending it to him by registered post, acknowledgment due.
       (2) In respect of every summons issued under Section 25 the person at whose instance the summons is issued shall file before the Court a list in Form No.20 of the Civil Rules of Practice, of person whose attendance is required stating full name and address and whether he is required to give evidence as an expert or otherwise or to produce any documents and also pay into the office of the Controller a fee of Rs.1-37 ps., in the shape of Court-fee stamps for the service of the summons and shall also deposit in the said office the amount of the allowance to which the witness is entitled for travelling and attendance at the Court according to the scale for the time being in force with respect

R.21 .

       If any person contravenes any of the provisions of *[Rule 4 or Rule 14,] he shall be punishable with fine which may extend to two thousand rupees:
       [Provided that before taking action to prosecute the person contravening, he shall be given an opportunity to make representation.]

R.22 .

       (1) Every summons issued under the Act shall be in writing, shall be authenticated by the seal, if any, of the officer by whom it is issued and shall be signed by such officer or by any person authorised by him in writing in that behalf.
       (2) It shall require that the person summoned to appear before the said officer at a stated time and place and shall specify whether his attendance is required for the purpose of giving evidence, or to produce a document or for both purposes; and any particular document, the production of which is required, shall be described in the summons with reasonable accuracy.
       (3) Any person may be summoned to produce a document without being summoned to give evidence; and any person summoned merely to produce a document shall be deemed to have complied with the summons if he causes such document to be produced th

R.23 .

       (1) Every application for the execution of order passed under this Act shall be in writing, signed and certified by the decree holder and filed before the Controller within six months from the date of the order accompanied by a certified copy of the order concerned together with the necessary process fee : [Provided that an application may be admitted after the specified period, if the applicant satisfies the Controller that he has sufficient cause for not preferring the application within such period.]
       (2) On receipt of an application for the execution of orders as provided by sub-rule (1), the Controller shall ascertain whether all the requirements have been complied, and if they have not been complied, the Controller may reject the application or may allow the defect to be remedied within the time to be fixed by him.
       (3) Where the ap

R.24 .

       (1) If any articles are found in a building at the time of an execution of an eviction order and if the person to whom such articles belong does not take possession of such articles, then they will be taken into the custody of the Controller after causing the preparation of an inventory of the same in the presence of Panchas.
       (2) The Controller thereafter shall cause the publication of a proclamation affixing copies of the same both on the notice board of his office premises as well as on the building concerned directing the person or persons to whom such articles belong to appear before him within thirty days from the date of the said proclamation, and to satisfy the Controller that he is entitled to receive such articles. If the Controller is satisfied he shall deliver such articles to such person subject to the payment of necessary charges for removal, transport and safe custody

R.25 .

Every party shall, within seven days from the date of pronouncement of an order, furnish to the office of the Controller or the appellate authority, as the case may be, a statement of the costs and expenses incurred by him in the relevant form prescribed in the civil Courts, under his or his Advocates signature, which may include therein the costs of preparation of service of process, the cost of production of any public record or witnesses, of making and getting copies of pleadings, affidavits and other proceedings, which by the rules are required to be served on the opposite party, of search for encumbrances and of obtaining encumbrance certificate whenever such certificates are required to be produced, of any adjournments or interlocutory application allowed to him and of the fees paid by him to his lawyer and shall state the total amount claimed by him. The said statement shall be checked by the officer of the Court, who shall note thereon the sums, if any disall

R.26 .

All proceedings commenced and action taken under the Madras Buildings (Lease and Rent Control) Rules, 1951, or the Hyderabad Houses (Rent, Eviction and Lease) Control Rules, 1954 shall be continued and, so far as may be, deemed to have been commenced or taken under these rules.

APPENDIX.1 FORM

       FORM
       [See Rule 4(1)]
        1. Door Number of the building and Name, if any.
        (Street and Municipal ward or divisional or
        locality in which the building is situated
        shall be given.)
        2. Date and year of construction of the building.
        3. Date on which the building fell vacant.
        4. Whether the building is residential or non-
        residential.
        5. Name and address of the landlord if the parti-
        culars are furnished by the tenant and name of