The Central Government shall, by notification in the Official Gazette, establish a Tribunal, to be known as the Delhi Rent Tribunal, to exercise the jurisdiction, powers and authority conferred on it by or under this Act.
Section 47 - Composition of Tribunal and Benches thereof
(1) The Tribunal shall consist of a Chairman and such number of other Members, being not less than three, as the Central Government may deem fit and, subject to the other provisions of this Act, the jurisdiction, powers and authority of the Tribunal may be exercised by the Benches thereof.
(2) Subject to the other provisions of this Act, a Bench shall consist of one or more Members, as the Chairman may decide in accordance with the rules as may be prescribed.
(3) Notwithstanding anything contained in sub-section (1), the Chairman may transfer other Member from one Bench to another Bench.
(4) Subject to the other provisions of this Act, the Benches of the Tribunal shall ordinarily sit at such places in the National Capital Territory of Delhi as the Central Government may, by notification in the Official Gazette, specify.
Section 48 - Qualifications for appointment as Chairman and Members
(1) a person shall not be qualified for appointment as the Chairman unless he--
(a) is, or has been, a Judge of a High Court; or
(b) has, for at least three years, held the office of a Member; or
(c) is, or has been, a Member of the Indian Legal Service and has held, for at least three years, a post in Grade I of that Service; or
(d) has, for at least three years, held the post of a Secretary in the Law Department of a State Government.
(2) A person shall not be qualified for appointment as a Member, unless he--
(a) has, for at least eight years, held the post of Rent Authority; or
(b) has, for at least five years, held the post of a Direct Judge; or
(c) is, or has been, a Member of the Indian Legal Service in Grade I of that Service; or
(d) has, for at least two years, held the post of a Secretary in the Law Department of a State Government; or
(e) has, for at least ten years, been an Advocate.
(3) Subject to the provisions of sub-sections (4) and (5), the Chairman and other Members of the Tribunal shall be appointed by the President of India after consultation with the Chief Justice of India.
(4) The Chairman and other Members shall be appointed by the President of India on the recommendation of a Selection Committee ap-pointed by the Central Government consisting of the following, namely:--
(a) Chief Justice of the High Court of Delhi or his nominee who shall be a sitting Judge of the High Court;
(b) Chairman of the Tribunal (except in case of the appointment of the Chairman);
(c) Secretary to the Government of India in the Ministry dealing with Legal Affairs;
(d) Secretary to the Government of India in the Ministry dealing with Urban Development;
(e) Chief Secretary to the Government of the National Capital Territory of Delhi.
(5) The Selection Committee shall recommend a person for appointment as Chairman or other Member from amongst the persons on the list of candidates prepared by the Ministry dealing with Urban Development in consultation with the Department dealing with Justice of the Government of India in accordance with the procedure as may be prescribed.
Section 49 - Term of office
The Chairman or any other Member shall hold office as such for a term of the five years from the date on which he enters upon his office, but shall be eligible for re-appointment for another term of five years:
Provided that no Chairman or any other Member shall hold office as such after he has attained,--
(a) in the case of the Chairman, the age of sixty-five years; and
(b) in the case of any other Member, the age of sixty-two years.
Section 50 - Senior most Member to act as Chairman or discharge his function in certain circumstances
(1) In the event of occurrence of any vacancy in the office of the Chairman by reason of his death, resignation or otherwise, the senior most Member shall act as Chairman until the date on which a new Chairman, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office.
(2) When the Chairman is unable to discharge his functions owing to his absence, illness or any other cause, the senior most Member shall discharge the functions of the Chairman until the date on which the Chairman resumes his office.
Section 51 - Salaries, allowances and other terms and conditions of services of Chairman and other Members
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 shall be such as may be prescribed:
Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairman or any other Members shall be varied to his disadvantage after his appointment.
Section 52 - Resignation and removal
(1) The Chairman or any other Member may, by notice in writing under his hand addressed to the President of India, resign his office:
Provided that the Chairman or any other Member shall, unless he is permitted, by the President of India to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.
(2) The Chairman or any other Member shall not be removed, from his office except by an order made by the President of India on the ground of proved misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court in which such Chairman or other Member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
(3) The Central Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the Chairman or other Member referred to in sub-section (2).
Section 53 - Provision as to the holding of offices by Chairman and Member on ceasing to be such Chairman or Member
On ceasing to hold office,--
(a) the Chairman of the Tribunal shall be ineligible for further employment either under the Government of India or under the Government of a State;
(b) a Member, other than the Chairman, of the Tribunal shall, subject to the other provisions of this Act, be eligible for appointment as the Chairman or Member of any other tribunal, but not for any other employment either under the Government of India or under the Government of a State;
(c) the Chairman, or other Member shall not appear, act or plead before the Tribunal.
Explanation.--
For the purposes of this section, employment under the Government of India in under the Government of a State includes employment under any local or other authority within the territory of India or under the control of the Government of India or under any corporation or society owned or controlled by the Government.
Section 54 - Financial and administrative powers of Chairman
The Chairman shall exercise such financial and administrative powers over the Benches as may be prescribed:
Provided that the Chairman shall have authority to delegate such of his financial and administrative powers as he may think fit to any other Member or any officer of the Tribunal, subject to the condition that such Member or officer shall, while exercising such delegated powers, continue to act under the direction, control and supervision of the Chairman.
Section 55 - Staff of the Tribunal
(1) The Central Government shall determine the nature and categories of the officers and other employees required to assist the Tribunal in the discharge of its functions and provide the Tribunal with such officers and other employees as it may think fit.
(2) The salaries and allowances and conditions of service of the officers and other employees of the Tribunal shall be such as may be prescribed.
(3) The officers and other employees of the Tribunal shall discharge their functions under the general superintendence of the Chairman.
Section 56 - Distribution of business among the Benches
The Chairman may make provisions as to the distribution of the business of the Tribunal among its Benches.
Section 57 - Jurisdiction, powers and authority of the Tribunal
(1) Save as otherwise expressly provided is this Act, the Tribunal shall exercise, on and from the date with effect from which it is established under section 46, all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court) in relation to--
(a) all appeals from the orders of the Rent Authority under this Act;
(b) any other matter arising from the provisions of this Act;
(c) review of its own orders and decisions.
(2) The Tribunal may, either on its own motion or on application of any of the parties and after notice to the parties and after hearing such of them as it may desire to be heard, call for records of any case pending before the Rent Authority under this Act, and either itself try the case or give direction for disposal of the case by such Rent Authority.
(3) The Tribunal shall have powers to effect a conciliation between the parties in any case pending before it.
Section 58 - Power to punish for contempt
The Tribunal shall have, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself or of the Rent Authority under this Act as a High Court has and may exercise and, for this purpose, the provisions of the Contempt of Courts Act, 1971(70 of 1971), shall have effect subject to the modification that--
(a) the references therein to a High Court shall be construed as including a reference to the Tribunal;
(b) in section 15 of the said Act, the references to the Advocate-General shall be construed as a reference to the Attorney-General or the Solicitor-General or the Additional Solicitor-General;
(c) in sections 6, 10, 11A, 12, 15 and 17 of the said Act, the references therein to subordinate Court or Court subordinate, shall be construed as including a reference to Rent Authority under this Act; and
(d) the references, in section 14 of the said Act, to Chief Justice, Judge or Judges shall be construed as including a reference to Chair man, Member or Members.
Section 59 - Application to Tribunal
(1) Subject to the other provisions of this Act, a person aggrieved by any order pertaining to any matter within the jurisdiction of the Tribunal may make an application to the Tribunal for the redressal of his grievance.
(2) Every application under sub-section (1) shall be in such form and be accompanied by such affidavits, documents or any other evidence and by such fee in respect of the filing of such application and by such other fees for the service or execution of processes as may be prescribed.
(3) On receipt of an application under sub-section (1), the Tribunal shall, if satisfied after such inquiry as it may deem necessary, that the application is a fit case for adjudication or trial by it, admit such application; but where the Tribunal is not so satisfied; it may summarily reject the application after recording its reasons.
Section 60 - Procedure of Tribunal
(1) The Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908(5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules made by the Central Government, the Tribunal shall have power to lay down and regulate its own procedure, including the fixing of places and times of its inquiry and deciding whether to sit in public or in private.
(2) The Tribunal shall decide every application made to it as expeditiously as possible and on a perusal of documents, affidavits and written representations and after hearing such oral arguments as may be advanced:
Provided that where the Tribunal deems it necessary, for reasons to be recorded in writing, it may allow oral evidence to be adduced.
(3) The Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908(5 of 1908), while 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) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872(1 of 1872), requisitioning any public record or document or copy of such record or document from any office;
(e) issuing commissions for the examination of witnesses or documents;
(f) reviewing its orders and decisions;
(g) dismissing an application or appeal for default or deciding it ex parte;
(h) setting aside any order of dismissal of any application or appeal for default or any order passed by it ex parte;
(i) for the execution of its orders and decisions and orders and decisions of Rent Authority under this Act, like decree of a civil court without reference to any civil court; and
(j) any other matter which may be prescribed.
(4) No adjournment shall be granted by the Tribunal without recording the reasons justifying the grant of such adjournment in the case and costs shall be awarded, if a party asks for adjournment for third and subsequent times.
Section 61 - Appeal to the Tribunal
(1) Any person aggrieved by an order passed or a decision made by the Rent Authority may, within thirty days from the date of such order or decision, prefer an appeal in writing to the Tribunal in the prescribed form and accompanied by a certified copy of the order or decision appealed against and by such fees as may be prescribed:
Provided that an appeal may be admitted, after the expiry of the said period of thirty days, if the appellant satisfies the Tribunal that he had sufficient cause for not preferring the appeal within the specified period,
(2) In computing the aforesaid period of thirty days, the time taken in obtaining a certified copy of the order or decision appealed against shall be excluded.
(3) An appeal shall lie to the Tribunal from every order or decision of Rent Authority made under this Act both on question of law and facts:
Provided that no appeal shall lie from an order or decision of the Rent Authority made under section 11, section 12, section 21 or section 33 of this Act.
(4) On receipt of an appeal under sub-section (1), the Tribunal shall, if satisfied after such inquiry as it may deem necessary, that the appeal is a fit case for adjudication by it, admit such appeal; but where the Tribunal is not so satisfied, it may summarily reject the appeal after recording its reason.
(5) The Tribunal shall endeavour to dispose of an appeal against the order or decision of the Rent Authority under clause (e), clause (f), or clause (r) of sub-section (2) of section 22 or section 23, 24, 25, 26 or 33 within one month of filing of such appeal.
Section 62 - Conditions as to making of interim orders
Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, no interim order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceeding relating to an application or appeal unless--
(a) copies of such application or appeal and of all documents in support of the plea for such interim order are furnished to the party against whom such application is made or appeal is preferred; and
(b) opportunity is given to such party to be heard in the matter:
Provided that the Tribunal may dispense with the requirements of clauses (a) and (b) and make an interim order as an exceptional measure if it is satisfied, for reasons to be recorded in writing, that it is necessary so to do for preventing any loss being caused to the applicant or the appellant, as the case may be, which cannot be adequately compensated in money; but any such interim order shall, if it is not sooner vacated, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless the said requirements have been complied with before the expiry of that period and the Tribunal has continued the operation of the interim order.
Section 63 - Right of applicant to take assistance of legal practitioner
A person making an application or preferring an appeal to the Tribunal under this Act may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the Tribunal.
Section 64 - Power of Chairman to transfer cases from one Bench to another
On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Chairman may transfer any case pending before one Bench, for disposal, to any other Bench.
Section 65 - Decision to be by majority
The decision of a Bench consisting of more than one Member on any point shall, where there is a majority, be according to the opinion of the majority, and where there is no majority and the Members are equally divided in their opinion, they shall draw up a statement of the case setting forth the point or points on which they differ and make a reference to the Chairman, and on receipt of such reference, the Chairman may arrange for the hearing of such point or points by one or more of the other Members (including, if he did not preside over such Bench, himself) and such point or points shall be decided according to the opinion by the majority of the Members who have heard the case, including those who had first heard it.
Section 66 - Exclusion of jurisdiction of courts except the Supreme Court
On and from the date from which any jurisdiction, powers and authority becomes exercisable under this Act by the Tribunal in relation to any matter, no court (except the Supreme Court) shall have, or be entitled to exercise any jurisdiction powers or authority in relation to such matter.
Section 67 - Transfer of pending cases
On the commencement of this Act, all cases pertaining to the matters in respect of which the Tribunal shall have jurisdiction under this Act including the cases under the Transfer of Property Act, 1882(4 of 1882) in respect of premises and tenancies covered under clauses (c) to (i) of sub-section (1) of section 3 and pending in the High Court and all cases pending in the Rent Control Tribunal or additional Rent Control Tribunal constituted under the Delhi Rent Control Act, 1958(59 of 1958) shall stand transferred to the Tribunal and the Tribunal may proceed with the matter either de novo or from the stage it was so transferred.
Section 68 - Proceedings before the Tribunal to be judicial proceedings
All proceedings before the Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code(45 of 1860).
Section 69 - Members and staff of Tribunal to be public servants
The Chairman and other Members and the officers and other employees provided under section 55 to the Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code(45 of 1860).
Section 70 - Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Central Government or against the Chairman or other Member of the Tribunal, or any other person authorised by such Chairman or other Member, for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made there under.
Section 71 - Criminal Jurisdiction of the Tribunal
(1) No court other than the Tribunal shall try any offence punishable under this Act.
(2) The Tribunal shall not take cognizance of an offence punishable under this Act, unless the complaint in respect of the offence has been made within three months from the date of the commission of the offence.
(3) Every complaint referred to in sub-section (2) shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to summon the accused and to give him notice of the offence alleged to have been committed and to notify the Public Prosecutor to conduct the prosecution.
(4) The Tribunal shall observe the same procedure for the trial of offences under this Act as the High Court would observe if it were trying the case under section 474 of the Code of Criminal Procedure, 1973(2 of 1974) and for that purpose the Tribunal shall be deemed to be High Court under the said Code.
Section 72 - Amendment of orders
Clerical or arithmetical mistakes in any order passed by the Tribunal or Rent Authority or errors arising therein from any accidental slip or omission may, at any time, be corrected by the Tribunal or, as the case may be, the Rent Authority on an application received in this behalf from any of the parties or otherwise.
Section 73 - Finality of orders
Save as otherwise expressly provided in this Act, every order made by the Rent Authority or an order passed on appeal under this Act shall be final and shall not be called in question in any original suit, application or execution proceeding.