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81. Power to make rules.-

(1) The Central Government may, by notification in the Official Gazette, make rules for the purpose of carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-

(a) the period within which agreements shall be registered under sub-section (2) of section 4;

(b) the authority before whom, the form and the manner in which and the period within which the landlord and the tenant shall separately file the particulars about the tenancy under the proviso to sub-section (3) of section 4;

(c) the manner of making application under sub-section (1) of section 11;

(d) the valuer whose assistance may be taken by the Rent Authority and the manner of assessment to be carried out by him under sub-section (2) of section 11;

(e) the manner of depositing rent or other charges under sub-section (1) of section 16;

(f) the particulars under clause (e) of sub-section (2) of section 16;

(g) the manner of sending copy of application to landlord under sub-section (3) of section 16;

(h) the manner in which the deposited rent or other charges to be paid to the applicant under sub-section (4) of section 16;

(i) the manner of giving notice to the tenant under sub-section (3) of section 20;

(j) the manner in which the application under sub-section (2) of section 22 shall be made to the Rent Authority;

(k) the manner in which a notice shall be given under proviso to clause (c) of sub-section (2) of section 22;

(l) the manner in which notices to the landlord shall be given by the tenant or sub-tenant under section 29;

(m) the manner in which permission of the Rent Authority shall be obtained by the landlord under section 31;

(n) the time within which applications to be made under sub-section (2) of section 31 or sub-section (3) and sub-section (4) of section 32;

(o) the manner in which the permission of the Rent Authority shall be obtained by the landlord under section 33;

(p) the time within which the application shall be made to the Rent Authority by the landlord under section 33;

(q) the powers of a civil court which may be vested in the Rent Authority under clause (d) of sub-section (2) of section 44;

(r) the number of Members in the Benches to be decided by the Chairman under sub-section (2) of section 47;

(s) the procedure in accordance with which a list of candidates shall be prepared by the Ministry dealing with Urban Development in consultation with the Department dealing with Justice of the Government of India under sub-section (5) of section 48;

(t) the salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman and other Members under section 51;

(u) procedure under sub-section (3) of section 52, for the investigation of misbehaviour or incapacity of the Chairman or other Member referred to in sub-section (2) of the said section;

(v) the financial and administrative powers of the Chairman under section 54;

(w) the salaries and allowances and conditions of service of the officers and other employees of the Tribunal under sub-section (2) of section 55;

(x) the form of application under sub-section (1) of section 59 and the affidavits, documents or any other evidence and the fee in respect of filing of the said application and the other fees for the service or execution of processes as mentioned in sub-section (2) of the said section;

(y) the matters to be prescribed under clause (j) of sub-section (3) of section 60;

(z) the form of appeal and the fee payable under sub-section (1) of section 61;

(za) any other matter which has to be, or may be, prescribed.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.



Delhi Rent Act, 1995 Back




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