Bare ActsThe PUNJAB RENT ACT NO 13 OF 2012

Section 38

Amendment status not verified — confirm the current text below against the official source.

(A) Every application to the Rent Authority shall be in such Forms as provided in the relevant Schedule to this Act alongwith relevant documents and other required evidence, fees for various applications and processes shall be the same as applicable to a Rent Controller under the provisions of the Court Fees Act, 1870, as amended by the State of Punjab. CHAPTER VI 1[APPELLATE AUTHORITY] 2[39 to 49 ****] 1Substituted for words “Punjab Rent Tribunal” by Punjab Act No. 23 of 2014, Section 9 2Omitted by Punjab Act No. 23 of 2014, Section 10 Application to Rent Authority. 50 1[50. (1) Save as otherwise expressly provided in this Act, the State Government may, by a general or special order, by notification confer on such officers and authorities, as it may think fit, the powers of Appellate Authority in relation to,- (a) all appeals against the orders of the Rent Authority under this Act; (b) any other matter, except the registration of agreements referred to in sub-section (2) of section 4 of this Act, arising from the provisions of this Act; and (c) review of its own orders and decisions. (2) The Appellate Authority may, either suo moto 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 to such Rent Authority. (3) Any person aggrieved by an order passed or a decision made by a Rent Authority may, within thirty days from the date of such order or decision, prefer an appeal, in writing, to the Appellate Authority in the prescribed form and accompanied by certified copy of the order or decision appealed against: Provided that an appeal may be entertained after the expiry of the said period of thirty days, if the appellant satisfies the Appellate Authority that he had sufficient cause for not preferring the appeal within the specified period. 1Substituted by Punjab Act No. 23 of 2014, Section 11 Jurisdiction, powers and authority of the Appellate Authority. 51 (4) In computing the aforesaid period of thirty days, the time taken in obtaining certified copy of the order or decision to be appealed against shall be excluded. (5) An appeal shall lie to the Appellate Authority 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 against an order or decision of the Rent Authority made under section 21 or section 33 of this Act. (6) On receipt of an appeal under sub-section (3), the Appellate Authority shall, if satisfied, after such inquiry as it may deem necessary that the appeal is a fit case for adjudication by it, entertain such appeal, but if the Appellate Authority is not so satisfied, it may summarily reject the appeal after recording its reason. (7) The Appellate Authority shall endeavour to dispose of an appeal against the order or decision of the Rent Authority under clause (d), clause (e), or clause (q) of sub-section (2) of section 20 of sections 21, 22, 23, 24 or 31 within one month of filing of such appeal. (8) The Appellate Authority shall have the power to effect conciliation between the parties in any case pending before it.] 1[51. ***] 2[52. (1) Subject to the other provisions of this Act, a person, aggrieved by any order pertaining to any matter within the jurisdiction of the Appellate Authority, may make an application to the Appellate 1Omitted by Punjab Act No. 23 of 2014, Section 12 2Substituted by Punjab Act No. 23 of 2014, Section 13 Application to the Appellate Authority. 52 Authority in the form specified in Schedule XIII appended to this Act 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 fees in respect of the filing of such applications and by such other fees for the service or execution of processes under the provisions of the Court Fees Act 1870, as amended by the State Government from time to time. (3) On receipt of an application under sub-section (1), the Appellate Authority shall, if satisfied after such inquiry as it may deem necessary that the application is a fit case for adjudication or trial by it, entertain such application but where the Appellate Authority is not so satisfied, it may summarily reject the application after recording its reasons.] 1[53. ***] 2[54. 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) 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) an opportunity is given to such party to be heard in the matter: 1Omitted by Punjab Act No. 23 of 2014, Section 14 2Substituted by Punjab Act No. 23 of 2014, Section 15 Conditions as to making of Interim order. 53 Provided that the Appellate Authority 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 or the Appellate Authority has continued the operation of the interim order.] 1[55. A person making an application or preferring an appeal to the Appellate Authority 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 Appellate Authority.] 2[56 to 59 ***] 3[60. ***] 4[61 to 64 *****]

Section 38 – The PUNJAB RENT ACT NO 13 OF 2012 | DailyLaw.ai