section 37
Payment or deposit of rent in proceedings
The Punjab Rent Act, 1995(2) If,any proceeding for recovery of possession, there is any dispute as to the amount of rent payable by the tenant, the Rent Authority shall, within fifteen days of the date of the first hearing of the proceeding, fix an interim rent and other charges in relation to the premises to be paid or deposited within one month of the date on which the interim rent is fixed for such further time as the Rent Authority may allow in this behalf. (3) If, in any proceeding for recovery of possession there is any dispute as to the person or persons to whom the rent is payable the Rent Authority may direct the tenant to deposit with the Rent Authority the amount payable by him under sub-section (2) as the case may be, and in such a case, no person shall be entitled to withdraw the amount in deposit until the Rent Authority decides the dispute and makes an order for payment of the same. (4) If the Rent Authority is satisfied that any dispute referred to in sub- section (3) has been raised by a tenant for reasons which are false or frivolous, the Rent Authority may order the defence against eviction to be struck out and proceed with the hearing of the application. (5) If a tenant fails to make payment or deposit as required by this section, the Rent Authority may order the defence against eviction to be struck out and proceed with the hearing of the application. (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 itself 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, 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 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 the Criminal Procedure, 1973. (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-four 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, for good and sufficient reason, may extend the time, and in default of such payment, the amount shall be recoverable as a fine under the provisions of the Code of Criminal procedure, 1973, 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 under this Act, or an order passed in appeal, shall be executable by a Rent Authority designated by the Appellate Authority in this behalf and for this purpose the Rent Authority so designated shall have all the powers of a Civil Court. (8) Every application made to the Rent Authority shall be heard as expeditiously as possible and, subject to the provisions of sub-section (6) and (7), endeavour shall be made to conclude the hearing and to dispose of the application within six months of its being filed. (9) In all proceedings before him, the Rent Authority shall consider the question of costs and award such costs to or against any party as the Rent Authority considers reasonable. (10) When the ejectment decree is passed under this Act, the Rent Authority shall in addition pass order for recovery of arrears of rent and other charges along with interest at the rate of fifteen per cent per annum, recoverable as arrears of Land Revenue.
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