Revenue Department

1 · Short title and commencement . — ( 1) These Rules may be called the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Rules, 1969.

2 · Definitions. — In these Rules, unless there is anything repugnan t to the subject or context,—

3 · Manner of giving notice under Section 4(2) of the Act and the particulars to be contained therein . — The landlord shall give notice required under su b-section (2) of Section 4, in writing and it shall contain the particulars as specified in Form I. The landlord may either personally hand it over to the Authorised Officer who shall give him a receipt in writing, or he may send it by registered post acknowledgement due to the Authorised Officer.

4 · Form of the order to be issued under Section 6(1).— The Authorised Officer shall issue the order under sub -section (1) of Section 6, in the manner as specified in Form II.

5 · The manner of depositing rent under Section 18(1) and sending copy of the application under section 18(3).— (1) A tenant, who desires, to deposit rent under sub-section (1) of section 18 shall either personally or through an authorised agent make an application to the Controller in writing.

6 · Manner of payment of deposited rent . — The Controller, on being satisfied that the pers on applying for withdrawal of the deposit of rent of part thereof, as the case may be, is entitled thereto, shall pass an order directing the payment of the deposit or part of the deposit, as the case may be, to the said person after getting the indemnity bond signed by him for indemnifying the Government against any claim for the payment of the deposited rent amount.

7 · Time within which and the manner of making a deposit of rent under Section 32 . — ( 1) A tenant against whom proceeding for eviction has been instituted by a landlord under the Act, shall deposit all arrears of rent due in respect of the building within one month from the date on which notice is served on him for the first time about the said proceedings before the Controller 1 [or] the appeal or the revisional proceedings before the appellate or the revisional authority, as the case may be.

8 · Conditions for withdrawal of the amount deposited under Section 32(5).— ( 1) The amount deposited by a tenant under sub-section (1) of section 32 may be withdrawn by the landlord subject to the following conditions:

9 · Procedure to be followed by the Controller, the Rent Tribunal, the Appellate Board and the Administrative Tribunal in all enquiries and proceedings under the Act and the powers to be exercised by them . — ( 1) Save as expressly provided by or under the Act or these rules, all enquiries and other proceedings before the Controller or the Rent Tribunal shall be commenced by an application which shall contain the following particulars;

10 · Manner of giving or serving notices or orders . — ( 1) Save as otherwise provided in these rules, every notice under the Act may be served either by tendering or delivering a copy thereof or sending such copy by post by registered post A/D to the person on whom it is to be served or his authorised agent or if

11 · Procedure for setting aside ex-parte orders . — Where an ex -parte order is passed under the Act against a person, the said person may present either personally or through an Authorised Agent, an application to the authority passing such order, at any time within 30 days from the date of such order stating that he was prevented by some unavoidable circumstances from appearance before that authority. The authority may issue a notice in Form IV at the expense of the party concerned to the opposite party and if satisfied after hearing and recording evidence, if any, that the party concerned was prevented from attendance before the said Authority by some unavoidable circumstances, the authority may restore the case.

12 · Procedure for bringing on record legal representatives of deceased persons . — ( 1) Where there are more applicants or respondents than one and any of them dies, the Rent Tribunal or the Appellate Board or the Controller of the Administrative Tribunal as the case may be shall cause an entry to that effect to be made on the record and the proceedings shall proceed at the instance of the surviving applicant or applicants or surviving respondent or respondents.

13 · Procedure for taking possession of the building and procedure for disposal of articles.—

14 · Court Fees . — ( 1) Every application made to the Controller or to the Rent Tribunal under the Act, shall bear Court Fee stamp of Rs. 12/-, and every memorandum of an appeal to the Appellate Board or the Administrative Tribunal made under the Act shall bear a Court Fee stamp of Rs. 50/-.

3 · [FORM II

1 · This word has been substituted for the word "of" b y Amendment Rules, 1975, (Official Gazette, Series I No. 41 dated 6-1-1977).

2 · Inserted by Amendment Rules, 1975 (Official Gazette, Series I No. 41 dated 6-1-1977).

3 · The above Form II has been substituted by Amendment Rules, 1975 (Official Gazette, Series I No. 41 dated 6-1-1977).