(1) The Central Government may, by notification in the Official Gazette, appoint as many Rent Authorities as it thinks fit; and define the local limits within which, or the hotel sa and lodging houses in respect of which, each Rent Authority, shall exercise the powers conferred, and perform [lie duties imposed, on Rent Authorities by or under this Act and in respect of all tenancy matters relating to premises and tenancies covered under clauses (c) to (i) of sub-section (1) of election 3 by or under the Transfer of Property Act, 1882. (4.of 1882.)
(2) The Central Government may also, by notification in the Official Gazette, appoint as many additional Rent Authorities as it thinks fit and an additional Rent Authority shall perform such of the functions of the Rent Authority as may; subject to the control of the Central Government, be assigned to him in writing by the Rent Authority and in the discharge of these functions,an additional Rent Authority shall halve and shall exercise the same powers and discharge the same duties as the Rent Authority.
(3) A person shall not be qualified for appointment, as a Rent Authority or an additional Rent Authority unless he has for at least ten years held a judicial office in India or has for at least ten years been practicing as an advocate or a pleader in India.
(1) The Rent Authority may-
(a) Transfer any proceeding pending before him for disposal to any additional Rent Authority, or
(b) Withdraw any proceeding pending before any additional Rent Authority and dispose it of himself or transfer the proceeding for disposal to any other additional Rent Authority.
(2) The Rent Authority shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, (5 of 1908.) when trying a suit, in respect, of the following matters, namely:-
(a) Summoning and enforcing the attendance of any person and examining him on oath;
(b) Requiring the discovery and production of documents;
(c) Issuing commissions for the examination of witnesses;
(d) Any other matter which may be prescribed, and any proceeding before the Rent Authority shall be deemed to be a Judicial proceeding within the meaning of section 193 and section 228, and for the purpose of section 196, of the Indian Penal Code, (45 of 1860.) and the Rent Authority shall be deemed to be a civil court for the purpose of section 195 but not for the purposes of Chapter XXVI of the Code of Criminal Procedure, 1973. (2 of 1974.)
(3) For the purposes of holding any inquiry or discharging any duty under this Act, the Rent Authority may,-
(a) After giving not less than twenty-flour hours notice in writing, enter and inspect or authorise any officer subordinate to him to enter and inspect any premises at any time between sunrise and sunset; or
(b) By written order,require any person to produce for his inspection all such accounts, books or other documents relevant to the inquiry at such time and at such place as may be specified in the order.
(4) The Rent Authority may, if he thinks fit, appoint one or more persons having special knowledge of the matter under consideration as an assessor or assessors to advise him, on the proceeding before him.
(5) Any fine imposed by a Rent Authority under this Act shall be, paid by the person fined Within such time as may be allowed by the Rent Authority and the Rent Authority may, for good and sufficient reason, extend the time, and in default of such payment, the amount shall be recoverable as fine under the provisions of the Code of Criminal Procedure, 1973, (2 of 1974.) and the Rent Authority shall be deemed to be a magistrate under the said Code for the purposes of such recovery.
(6) An order made by a Rent Authority or the Tribunal under this Act or an order made by a Controller, or an order passed on appeal, under the Delhi Rent Control Act, 1958 (2 of 1958.) shall be executable by a Rent Authority designated by the Tribunal in this behalf and for, the purpose the Rent Authority so designated shall have all the powers of a civil court.
(1) No order which prejudicially affects any person shall be made by the Rent Authority under this Act without giving him a reasonable opportunity of showing cause against the order proposed to be made and until his objections, if any, and any evidence he may produce in support If the same have been considered by the Rent Authority.
(2) Subject to any rules that may be made under this Act and the other provisions of this Act, the Rent Authority shall, while holding an inquiry in any proceeding before him, follow as far as may be the practice and procedure of a court of small causes, including the recording of evidence.
(3) The Rent Authority shall not ordinarily allow more than three adjournments at the request of a party throughout the proceedings and in case he decides to do so, he shall inform the Chairman the reasons therefor and order to pay the other party the reasonable cast.
(4) The Rent Authority shall issue summons in relation to every application under this Act in the form specified in Schedule IV.
(5) The Rent Authority shall, in addition to, and simultaneously with the issue of summons for service on the opposite party, also direct the summons to be served by registered post, acknowledgment due, addressed to the opposite party or his agent empowered to accept the service at the place where the opposite party or his agent actually and voluntarily resides or carries on business or personally works for gain and may, if the circumstances of the case so require, also direct the publication of the summons in a news paper circulating in the locality in which the opposite party is last known to have resided or carried on business or personally worked for gain.
(6) When an acknowledgment purporting to be signed by the opposite party or his agent is received by the Rent Authority or the registered article containing the summons is received back with an endorsement purporting to have been made by a postal employee to the effect that the opposite party or his agent had refused to take delivery of the registered article, the Rent Authority may declare that there has been a valid service of summons.
(7) (a) An application under section 21 shall be dealt with in, accordance with the procedure specified in this sub-section.
(b) The Rent Authority shall commence the hearing of the application within seven days of the filing thereof and shall, dispose of the same within thirty days of starting of such hearing, failing such commencement of hearing or disposal of application within such time, the Rent Authority shall inform the Chairman of the Tribunal the reasons therefor.
(8) (a) Every application by a landlord for the recovery of possession of any premises on the ground specified in clause (e) or clause or clause (r) of sub-section (2) of section 22,or under section 23, or under section 24, or under section 25, or under section 26, or under sect-Ion 33, shall be dealt with in accordance with the procedure specified in this sub-section.
(b) The tenant on whom the summons is duly served (whether in the ordinary way or by registered post) in the form specified in Schedule IV shall not contest the prayer for eviction from the premises unless he files an affidavit stating the grounds on which he seeks to con. test the application for eviction and obtains leave from the Rent Authority as hereinafter provided; and in default of his appearance in Pursuance of the summons or his obtaining such leave, the statement made by the landlord in the application for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction on the ground aforesaid.
(c) The Rent Authority shall give to the tenant leave to contest the application if the affidavit filed by the tenant discloses such facts as would desentitle the landlord from obtaining an order for the recovery of possession of the premises.
(d) Where leave is granted to the tenant to contest the application the Rent Authority shall ordinarily commence the hearing of the application within seven days of the grant of such leave and shall provide day to day hearing and shall dispose of the application within thirty days of starting of such hearing, failing such commencement of hearing or disposal of application within such time, the Rent Authority shall inform the Chairman of the Tribunal the reasons therefor.
(e) Where the leave to contest under clause is denied to the tenant, he may file an application for review before the Rent Authority Within ten days of such denial and the Rent Authority shall end eavour to dispose of such application within seven days of its filing.
(9) Every application made to the Rent Authority shall be heard as expeditiously or, possible and, subject lo the provisions of sub- sections (7) and (8), end eavour shall be made to conclude the hearing and to dispose of the application within six months of it being filed.
(10) In all proceedings before him, the Rent Authority shall consider the question of costs and award such costs to or against any party as that Rent Authority considers reasonable.
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