Kerala Buildings (Lease and Rent Control) Rules, 1979

(As amended by SRO No. 744/98 dt. 21/08/1998 - Amendment in Rule 8 SRO No. 1628/1994, dt. 29/11/1994 - Amendments in Rule 4, Rule 5(5), Rule 7(3), Rule 10 and Annexure IV) In exercise of the powers conferred by section 31 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (2 of 1965), the Government of Kerala hereby make the following rules, the same having been previously published as required by sub-section (4) of the said section, namely:--

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S.Rule 2

In these rules, unless the context otherwise requires:--

(1) "Act" means the Kerala Buildings (Lease and Rent Control) Act, 1965 (2 of 1965);

(2) "section" means a section of the Act.

S.Rule 3

(1) Every notice under sub-section (1),(2) or clause (a) of sub-section (6) of section 4 shall contain the particulars prescribed in rule 12 so far as they may be applicable and shall be presented to the Accommodation Controller in person or through an authorised agent or through his counsel at any time during office hours on any working day or sent to him by registered post, acknowledgement due.

(2) The intimation under sub-section (3) of section 4 or sub-section (13) of section 11, the notice under proviso to clause (a) of sub-section (7) of section 4 and the orders passed under clauses (c) and (d) of subsection (6) of section 4 shall be served on the person concerned personally or sent to him by registered post, acknowledgement due.

S.¹[Rule 4

The receipt given under sub-section (1) of Section 9 of the Act shall be in the form shown in Annexure IV of these rules.]

S.Rule 5

(1) A tenant desirous of depositing the rent under sub-section (1) of section 10 or under sub-section (3) of section 10 of the Act shall make the deposit in the nearest treasury. Payment of deposits during pendency of the proceedings for eviction shall be made before the Rent Control Court or Appellate Authority with the fees as prescribed under rule 8.

(2) The chalan accompanying the deposit of the rent shall be 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 rate at which and the period for which the rent is deposited:

(d) The description of the building in respect of which the rent is deposited;

(e) The provisions of the Act including the Circumstances under which the rent is deposited; and

(f) The head of account to which the rent is credited namely personal deposit Ac

S.Rule 6

(1) Any person who is entitled and who desires to receive the rent deposited under sub-section (1) or (3) of section 10 or sub-section (1) of the section 12 shall present an application for the purpose to the Rent Control Court or the Appellate authority, as the case may be. 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 Rent Control Court or the Appellate Authority, as the case may be, under clause (b) of sub-section (4) of section 10 or by the competent Court under sub-section (5) of section 10 any a copy thereof is attached to the application.

(2) On receipt of the application under sub-rule (1) the Rent Control Court or the Appellate Authority, as the case may be shall, if it is satisfied, pass an order directing the payment to the applicant of the rent specified in the application.

(3) On production of the or

S.Rule 7

(1) Every application under the Act shall, in addition to the particulars necessary to support it, contain also the particulars prescribed in rule 12 so far as they may be applicable and every application for eviction under section 11 or 11A shall also state the grounds on which the application is made.

(2) Every application under the Act shall be accompanied by sufficient number of spare copies for service on the respondents mentioned therein.

(3) Every application shall be signed by the applicant or his counsel and presented to the Rent Control Court by the applicant himself a personally or by his authorised agent or by counsel at any time during office hours on a working day. ¹[No document or proceedings received by post or telegraph shall be considered/entertained/acted upon by the Rent Control Court.]

(4) Every application under the Act shall have Court Fee Stamps affixed thereon at the rates shown below:--

S.¹[Rule 8

In respect of every application filed under the Act, the applicant and in respect of every appeal preferred under the Act, the appellant shall pay or the service of all notices and orders issued whether in the first instance or subsequently, fees in the shape of court fee stamp of the value fixed by the High Court of Kerala in the Rules issued under Section 83 of the Kerala Court Fees and Suits Valuation Act, 1959.]

S.Rule 9

(1) Any person affected by any order passed by the Accommodation Controller, Rent Control Court or the Appellate Authority shall be entitled to be furnished with a copy thereof and any other connected document duly certified by the Accommodation Controller, Rent Control Court or the Appellate Authority, as the case may be, on application:

Provided that the certified copy of the document applied for shall be furnished on ordinary white paper supplied by the applicant.

(2) The application, under sub-rule (1) shall state the nature of the applicant's interests, if any, in the subject matter of the document, the purpose for which the copy is required and if the same is required for the purpose of an intended or pending proceedings, the nature of the said proceedings and the relevancy of the document to the case of the applicant.

(3) Copying fee shall be at the same rates as in Civil Courts,

(4) The cost of copying maps, plans, genealogical trees and tabular s

S.Rule 10

Every application for making the legal representative or the legal representatives of a deceased person, party to a proceeding under the Act shall be preferred within ¹[30 days] from the date of the death of the person concerned.

²[Provided that where the application for impleadment is filed by legal representatives who are not in the party array, the Appellate Authority may in appropriate cases condone the delay in filing applications.]

S.Rule 11

(1) Every summons issued under the Act shall be in writing and 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 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 thereby to produce a document shall be deemed to have complied with the summons if he causes such document to be produced instead of attending personally to produce the same.

(4) The service of summons under the Act on any person shall be effected in any

S.Rule 12 The particulars to be furnished under section 27 shall be the following:--

(1) Door number of the building and the name if any;

(2) Street and Municipal Ward or Panchayat 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 the use in the building;

(6) Details of accommodation available together with particulars as regards the ground area, garden and out-houses, if any, appurtenant to the building;

(7) If the building is not occupied by the landlord, whether it is occupied by a single tenant or by more than one tenant;

(8) Amenities available in regard to lighting, water, sanitation and the like;

(9) Monthly rent paid by the tenant;

(10) Rental value as entered in the Property tax assessment of the Corporation, Municipal Co

S.Rule 13

(1) When an application under the Act is presented to the Accommodation Controller or the Rent Control Court, they shall fix the date on which and the place at which the enquiry in respect of the application will be held and sent notice thereon to the applicant or applicants and the respondent or the respondents mentioned in the application and shall also send a copy of the application along with the notice to the respondent or respondents.

(2) The Accommodation Controller shall give to the parties a reasonable opportunity to state their case. He shall also record a brief note of the evidence of the parties and witnesses, if any, examined on either side and upon the evidence so recorded and after consideration of any documentary evidence which may be produced by the parties, pass orders on the application.

(3) In any case in which an order is passed ex parte, against a tenant or a landlord, the tenant or the landlord, as the case may be, may within fifteen days from th

S.Rule 14

An Appellate Authority may transfer a case from the file of one Rent Control Court to that of smother Rent Control Court within his jurisdiction.

(1) If the Rent Control Court on whose file the case is pending is personally interested in, it and reports the matter to the Appellate Authority; or

(2) if, on an application for the transfer by any party in the case, the Appellate Authority is satisfied that there are sufficient grounds for the transfer.

S.Rule 15

(1) Every appeal against an order either of the Accommodation Controller or the Rent Control Court 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 and presented to the Appellate Authority or to such Officer as he appoints in this behalf by the appellant himself personally or by his authorised agent or any counsel at any time during office hours on a working day. The appeal shall be accompanied by the order or a certified copy of the order of the Accommodation Controller or the Rent Control Court, as the case may be, against which the appeal is made.

(2) Every appeal petition under the Act shall be accompanied by sufficient number of spare copies thereof for service on the respondent or respondents mentioned therein.

S.Rule 16

(1) When an appeal under this Act 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 petition along with the notice to the respondent or respondents.

(2) If the Appellate Authority decides to make further enquiry, he may take additional evidence or require such evidence to be taken by the Accommodation Controller or the Rent Control Court, as the case may be.

(3) In any case in which the order is passed ex-parte against a tenant or a landlord, the tenant or the landlord, as the case may be, may within 15 days from the date of receipt of the order apply to the Appellate Authority by whom the order was passed for an order to set it aside; and if the tenant or landlord, as the case may be, satisfies the Appellate Authority that the summons was not duly served or that he was prevented by any suffici

S.¹[Rule 17

The District Court may transfer an appeal from the file of one Appellate Authority before whom the appeal is pending to that of another Appellate Authority, if the Appellate Authorities are functioning within the jurisdiction of that District Court, and the High Court may transfer an appeal from the file of one Appellate Authority before whom the appeal is pending to that of another Appellate Authority, if the Appellate authorities are functioning within the jurisdiction of different District Courts in the State:--

(i) if the Appellate Authority before whom the appeal is pending is personally interested in the appeal and reports the matter to the District Court or the High Court, as the case may be, that the appeal be transferred and the court is satisfied that there are sufficient grounds for such transfer; or

(ii) if on an application for transfer by any party in the appeal or otherwise, the District Court or the High Court, as the case may be, is satisfied that ther

S.¹[Rule 17A

The High Court may transfer a revision application pending before one District Court to another District Court within the State:--

(i) if the Judge, presiding over the District Court before which the revision application is pending, reports to the High Court that the application be transferred and the High Court is satisfied that there are sufficient grounds for transfer; or

(ii) if, on an application for the transfer by any party in the revision application or otherwise, the High Court is satisfied that there are sufficient grounds for such transfer.]

S.Rule 18

Every appeal under clause (c) of sub-section (6) of section 4 against the order of the Accommodation 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 agent or his counsel and presented to the Collector concerned by the appellant himself or by his authorised agent or his counsel personally at any time during office hours on a working day or sent by registered post, acknowledgment due. The appeal shall be accompanied by a copy of the order of Accommodation Controller appealed against. The appeal petition shall also be accompanied by sufficient number of spare copies thereof for service on the respondents or respondent mentioned therein.

S.Rule 19

In cases falling under section 6 or in any other case under the Act the Accommodation Controller or the Appellate Authority concerned, may, if he thinks fit so to do, personally inspect the building concerned.

S.Rule 20

In cases falling under section 4, the Accommodation Controller may. if he thinks lit so to do, 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.

S.Rule 21

Any appearance, application or act in any proceeding before the Accommodation Controller. Rent Control Court or the Appellate Authority may be made or done by the party in person or by his authorised agent or by counsel.

S.Rule 22

All notices under the Act issued by the Accommodation Controller. Rent Control Court or the Appellate Authority shall be served on the person concerned:--

(1) personally by delivering or tendering to him the notice or order; or

(2) 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

(3) if such person does not reside in the area within the jurisdiction of the Accommodation Controller, Rent Control Court or the Appellate Authority, by sending the same to him by registered post, acknowledgement due; or

(4) if none of the means aforesaid is practicable, by affixing the same in some conspicuous part of his last known place of abode or business.

S.Rule 23

If any person contravenes any of the provisions of these rules, he shall be punishable with fine which may extend to two thousand rupees.

S.Rule 24

The following shall be the order of priority among the persons to whom buildings should be allotted by the Accommodation Controller under clause (f) of sub-section (2) of Section 31--

(1) for purposes of the State Government;

(2) for the purposes of the Central Government;

(3) for purposes of the Local Bodies;

(4) for purposes of the public institutions run by private persons or concerns;

(5) for the occupation of officers of the State and Central Government according to priority of applications, preference being given to those belonging to services declared as essential:

(6) for officers of Local Bodies according to priority of applications and the status of the officers;

(7) for non-officials having regard to the importance of their service to society in the following order of priority provided they do not own buildings of their own within their respective jurisdiction:--

(a) Members of Parliament and Members of Legislative A

S.Rule 25

The Revenue Inspectors of the respective area in the State shall be the Inspectors for purpose of clause (g) of sub-section (2) of section 31.

S.Rule 26

Every Local Authority referred to in sub-section (5) of section 5 shall maintain in its office a register of fair rent fixed in respect of the buildings situated in its jurisdiction on receipt of information of fixation of fair rent from the Rent Control Court. The register shall be in the form prescribed in the annexure to these Rules and shall be kept up-to-date and open for inspection during working days. The register shall be periodically checked by the Local Authority concerned.

S.5

ANNEXURE I

Form of Register of fair rent of buildings fixed

(Vide Section 5 (5) of the Kerala Buildings (Lease & Rent Control) Act 1965)

Name of the Distrlct/Taluk/Village

Door No. of the building and name, if any

Street and Municipal Ward or Panchayat Ward or Division in which the building is situated.

Name and address of the landlord.

Whether the Building is residential or non-residential

Original rent prior to fixation

Rent fixed by

S.1

ANNEXURE II

Notice of vacancy under Section 4(1) and 4(2) of Kerala Buildings (Lease and Rent Control) Act, 1965

Name and address of the landlord

Location of building
(a) Taluk
(b) Village
(c) Panchayat/Municipality/Corporation
(d) House No. & Ward/Division No.

Nature of construction

Nature of vacancy

Date from which fallen vacant

Name and address of tenant, if any

Residential or non-residential

Whether furniture supplied

Details of acco

S.2

ANNEXURE III Notice of vacancy under section 4(6) of the Kerala Buildings (Lease and Rent Control) Act, 1965
1.	Name and address of the landlord
2.	Location of building: (a) Taluk (b) Village (c) Panchayat/Municipality/Corporation (d) House No. and Ward/Dlvislon No.
3.	No. of residential buildings owned by the landlord
4.	Description of the building chosen by the landlord for his own occupation.

Whether any building other than the one chosen by him under item 4 has been continuously

S.3

1[Annexure IV
RECEIPT
(See Rule 4)

Received from Shri/Smt. ....................... (here enter the name of the tenant from whom or on whose behalf the rent or advance is received) Rupees ....................... (in figures) ....................... (in words) towards rent/advance at the rate of Rs. ....................... per mensum/annum for the period from ....................... to ....................... in respect of building No. ....................... of Ward No. ....................... of ....................... (Corporation/Municipality/Panchayat)

Signature

Name and address of the landlord by whom
or on whose behalf the receipt is given]

1. Added by SRO No. 1628/1994, dt. 29/11/1994.

S.Rule 1

These rules may be called the Kerala Buildings (Lease and Rent Control) Rules, 1979.