RENT RESTRICTION ACT
INDEX TO SUBSIDIARY LEGISLATION
TABLE OF CONTENTS
1. Citation and commencement.
3. Institution of proceedings.
4. Notice and summons.
5. Parties or their representative to be present.
6. Hearing, judgment and decree.
7. Dismissal for want to prosecution.
9. Withdrawal of application.
11. Tribunal not bound by the Civil Procedure Code.
THE REGIONAL HOUSING TRIBUNALS REGULATIONS
G.N. No. 436 of 1990
1. Citation and commencement
These Regulations may be cited as the Regional Housing Tribunals Regulations and shall come into operation on such date as the Minister may, by notice in the Gazette, appoint.
In these Regulations–
"the Act" means the Rent Restriction Act *;
"Appeals Tribunal" means the Housing Appeals Tribunal established under section 6 of the Act;
"application" means an application filed under regulation 3 and includes any chamber application filed under these Regulations;
"proceedings" means proceedings instituted before the Tribunal under the Act or these Regulations;
"the Tribunal" means the Regional Housing Tribunal established under section 9 of the Act.
3. Institution of proceedings
(1) Any proceeding before the Tribunal shall commence by an application filed by an applicant or his agent, on payment of appropriate fees.
(2) An application under the Act to the Tribunal shall be made in writing, and shall specify the address of the premises to which the application relates and the names and addresses of the landlord and tenant respectively.
4. Notice and summons
(1) Where an application is made to the Tribunal, the Tribunal shall issue a notice or summons in writing to each party to the application, informing him the time, date and place at which the application will be mentioned.
(2) A copy of the application or affidavit shall be attached to every notice or summons to be served upon a party to the application.
(3) A person upon whom notice or summons is served shall be required to sign on the original copy thereof, and retain the duplicate copy.
(4) After signing the certificate evidencing service, the process-server shall return the original copy of the notice or summons to the Tribunal registry.
(5)(a) Upon being properly served with a copy of the application or chamber summons as the case may be, the respondent shall, if he is contesting or disputing the same, within 21 days of the said service, file his written reply to the application together with the appropriate fees. In the case of a chamber application, the respondent shall file his counter affidavit within 7 days of proper service upon him.
(b) If a filed written reply to the application contains a counter claim the applicant shall be served with a copy of the same and shall file his written reply to the counter claim within 21 days of proper service on him.
(c) The Tribunal may, on good cause being shown by any party to the proceedings, extend the time within which to file a written reply or counter affidavit and in any case such extension shall not exceed 14 days or 7 days respectively.
(d) After a written reply or counter affidavit has been filed in any proceeding, no further reply shall be entertained or filed, and the Tribunal shall proceed to fix a hearing date for the application or the chamber application as the case may be.
(e) If the hearing date is fixed in the presence of the parties or their recognized agents, their presence shall constitute notice of the date of hearing, but if the hearing date is fixed in the absence of the parties or any one of them then the Tribunal shall cause a notice or notices of the date of hearing to be served in the normal manner on the party or parties so absent.
(f) As far as it is possible, service of the notice of the date of hearing shall be effected on the applicant or respondent or his spouse, or any member of his family above the age of 18 years who ordinarily resides with him, his advocate, a person holding a power of attorney or any other person authorized by him to represent him in that particular application.
(g) Where the Tribunal is satisfied that it is not possible to effect personal service of notice of the date of hearing on the parties it shall order service to be effected by either advertisement in any of the country's newspapers, affixing a copy of the summons or notice on any conspicuous part of the building he ordinarily resides or works for gain or is known to have last resided or worked for gain or by registered post through his last known private or official address.
5. Parties or their representative to be present
(1) At the hearing before the Tribunal, any interested party may appear in person, by counsel, by representative or may be accompanied by any person whom he may wish to assist him at the hearing, subject to the Tribunal's discretion that such person may be heard on behalf of any party.
(2) At the commencement of hearing, the contents of the application shall be read out and explained to the party who has attended to answer the application.
(3) If the respondent admits the contents of the application, the Tribunal shall pronounce judgment or proceed to determine the application on merits in accordance with the mandatory requirements of the Act.
(4) The Tribunal shall pronounce judgment or determine the application in the appropriate manner against a party who fails to file his answer to the application or counter claim within the given time.
6. Hearing, judgment and decree
(1) On the day the application is fixed for hearing, the Tribunal shall–
(a) if the parties to the application are present, proceed to hear the evidence on both sides and then determine the application;
(b) if the applicant is absent and received the notice of hearing or was present when the hearing date was fixed, dismiss the application for non appearance of the applicant;
(c) if the respondent is absent and was duly served with notice of hearing, or was present when the hearing date was fixed and has not furnished the Tribunal with good cause for his absence, then the Tribunal shall proceed to hear and determine the matter ex-parte by oral evidence.
(2) Subject to subregulation (1), any party to an application who is dissatisfied by the decision of the Tribunal may apply by way of chamber application, to the same Tribunal for restoration of the application so dismissed or determined:
Provided that such application shall be made not later than thirty days after the date when the dismissal Order was made or the application was so determined.
(3) Parties to the application or their representatives may address the Tribunal at the conclusion of hearing of evidence to the application.
(4) The Tribunal may pronounce judgment at the conclusion of hearing of the application or may reserve judgment to be pronounced on a later date to be fixed by the Tribunal.
(5) After pronouncing judgment the Tribunal shall draw a decree from the said judgment.
(6)(a) Execution of an order or decree of the Tribunal shall be through the Court of a Resident Magistrate.
(b) No execution proceedings shall be commenced until after the expiry of the period of appeal provided either under the Act or these Regulations.
7. Dismissal for want to prosecution
The Tribunal may dismiss any application before it for want of prosecution without notice, if such application has remained unattended by either party with a view to proceeding with it for an uninterrupted period of three months.
The Tribunal may at any stage of the proceedings, either on its own motion or on the application by any party order the amendment of the pleadings, subject to such orders as to costs.
9. Withdrawal of application
The Tribunal may on such terms as it deems fit, allow the applicant to withdraw his application or allow the parties to the application, record consent judgment or order.
Any person aggrieved by any decision of the Tribunal may, within thirty days, following the date of such ruling or judgment, appeal to the Appeals Tribunal.
11. Tribunal not bound by the Civil Procedure Code
The Tribunal shall not be bound by the provisions of the Civil Procedure Code *.
[20th July, 1990]
G.N. No. 249 of 1990
1. Short title
These Rules may be cited as the Housing Appeals Tribunal (Appeals) Rules.
In these Rules, unless the context otherwise requires–
"the Act" means the Rent Restriction Act *;
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