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Section 44 – The Delhi Rent Act, 1995

The Delhi Rent Act, 1995

 

44. Powers of Rent Authority –

 

(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 purpose 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 times 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 a fine under the provisions of the Code of Criminal Procedure, 1973, ( 0f 1974) 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.

 

 

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The Delhi Rent Act, 1995

 

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