Chapter VIII Chapter VIII

Authorities, Procedure and Appeals

Authorities.—

1. (1) The Administrator may by notification in the Official Gazette, constitute for any local area an Appellate Board and a Rent Tribunal consisting of one or more persons as may be prescribed for the purpose of this Act: Provided that the Administrator may, by notification in the Official Gazette, entrust the powers, functions of duties of an Appellate Board to the Administrative Tribunal. (2)
   • (a) The Administrator may also, by notification in the Official Gazette, appoint an Authorised Offficer, a Controller and as many Additional Controllers as he thinks fit, for any local area.
   • (b) An Additional Controller shall exercise the same powers and discharge the same duties as a Controller.
2. (3) The Administrator may, by notification in the Official Gazette, define the areas within which an Authorised Officer, or a Controller shall perform his functions.

Transfer of proceedings.—

1. (1) The Controller may, after giving due notice to the parties and after giving them a reasonable opportunity of being heard—
   • (a) transfer any proceeding pending before him for disposal to any Additional Controller; or
   • (b) withdraw any proceedings pending before any Additional Controller and dispose it of himself or transfer the proceeding for disposal to any other Additional Controller.
2. (2) The Administrative Tribunal may after giving due notice to the parties and after giving them a reasonable opportunity of being heard, transfer any proceeding from a Controller to another Controller.
3. (3) The Appellate Board may transfer any proceeding from a Rent Tribunal to another Rent Tribunal.

Powers of the Controller, the Rent Tribunal and the Appellate Board.— The Controller, the Rent Tribunal and the Appellate Board shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, when trying a suit or appeal, in respect of the following matters, namely:—

1. (a) summoning and enforcing the attendance of any person and examining him on oath;
2. (b) requiring the discovery and production of documents;
3. (c) issuing commissions for the examination of witnesses;
4. (d) any other matter which may be prescribed; and any proceeding before the Controller, the Rent Tribunal and the Appellate Board shall be deemed to be a judicial proceeding within the meaning of sections 193, 219 and 228 of the Indian Penal Code, and the Controller, the Rent Tribunal and the Appellate Board shall be deemed to be civil courts within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898.

Procedure.—

1. (1) Subject to the provisions of this Act, the procedure to be followed by the Controller, the Rent Tribunal, the Appellate Board, or the Administrative Tribunal in all inquiries, appeals and proceedings under this Act shall be such as may be prescribed.
2. (2) Every decision made or order passed under this Act shall be recorded in the form of an order which shall state the reasons therefor.

Appeal.—

1. (1) From every order, other than an interim order, passed by the Rent Tribunal, an appeal shall lie to the Appellate Board.
2. (2) From every order, other than an interim order, passed by the Authorised Officer under Section 31, or by the Controller an appeal shall lie to the Administrative Tribunal.
3. (3) An appeal under this section shall be preferred within thirty days from the date of the order appealed against: Provided that the Appellate Board or, as the case may be, the Administrative Tribunal, may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the applicant was prevented by sufficient cause from filing the appeal in time.

Revision.—

1. (1) The Administrative Tribunal may, in exceptional circumstances, on the application of any party, call for and examine the records relating to any order passed under this Act by the Authorised Officer, the Controller, the Rent Tribunal, or the Appellate Board for the purpose of satisfying itself as to the correctness, legality, or propriety of such order and may pass such order thereon as it thinks fit: Provided that no such record shall be called for after the expiry of ninety days from the date of the order.
2. (2) The cost of such proceedings shall be in the discretion of the Administrative Tribunal.

Powers of appellate and revisional authorities.— Any appellate or revisional authority under this Act may confirm, modify or rescind the order in appeal or revision or its execution or may [remand the case for disposal with such directions as deemed fit or] pass such other order as is legal and is in accordance with the provisions of this Act: Provided that no order shall be varied in division unless an opportunity has been given to the interested parties to appear and be heard: Provided further that every order passed by the Authorised Officer, the Controller or the Rent Tribunal shall be final, unless varied in appeal or revision and every order passed in appeal or revision shall be final.

Costs.— Subject to such conditions and limitations, if any as may be prescribed, the cost of and incident to all proceedings under this Act before any original, appellate or revisional authority under this Act shall be in the discretion of the said authority, which shall have full power to determine by whom or out of what property and to what extent such costs are to be paid and to give all necessary directions for the purpose.

Recovery of compensation.— Any compensation awarded or fine imposed by any authority under this Act shall be paid by the person concerned within such time as may be allowed, and in default of such payment the amount shall be recoverable as an arrear of land revenue, or in such other manner as may be prescribed.

Execution of orders.— An order made under this Act by any original, appellate or revisional authority directing the taking over of the possession of any building or the eviction of any person in occupation of any building shall be executable by that authority as a decree of a civil court and for this purpose that authority shall have all the powers of a civil court.