(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 siiffleient 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 dee&Hin 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 appeial after recording its reasoa. -
(5) The Tribunal shall endeavour to dispose of an appeal agaiast tfte order or decision of the Rent Authority under clause (e), clause (f) or clause (r) of sub-section (2) of section 22 or a setcion 23, 24, 25, 26 or 33 within one month, of filing of such appeal.
62. 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 car appeal and of all documents in support of the plea for such interim order are furnished to US» Appeal to the Tribunal.
Conditions as to making of interim orders, Sue. 1] THE GAZETTE OF INDIA EXTRAORDINARY 37 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 Ijhe requirements of clauses (c) 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 m 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.
63. 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.
64. 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 motjon without such notice, the Chairman may transfer any case pending before one Bench, for disposal, to any other Bench.
65. The decision of a Bench consisting of more Uhan 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 fte 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, mcluding those who had first heard it.
06. On. and from the date from which any jurisdiction, powierg and authority becomes exerdsable under this Act by the Tribunal in relation tjo 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.
Right of applicant to take assistance of legal practitioner.
Power el Chairman to transfer eases from one Bench to another.
Decision to be fay majority.
Exclusion of jurisdiction of courts •xceptthe Court.
38 THE GAZETTE OF INDIA EXTRAORDINARY IPART II— TraraVr of pending •cat>ts Proceedings beTore the Tribunaj to be judicial proceedings.
Members and.
staff of Tribunal to be public iervants.
Pi otection of action taken in good faith.
Criminal Jurisdiction of tho Tribunal.
Amendment *t ordei-s
67. 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 unJcr the Transfer of Property Act, 1882 in respect of premises and tenancies covered under clauses (c) to (i) of subsection (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 shall stand transferred to ihe Tribunal and the Tribunal may proceed w-th the matter eiiher de novo or from the stage it was so transferred.
68. AH proceeamgs before the Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code.
69. The Chairman and other Members and the officers and other employees provided under section 55 to the Tribunal shall be deemed to be pub1?" servants within the meaning of section 21 of the Indian Peml Code
70. No suit, prosecution or other legal proceeding shall he against the Cemral 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 t l ; , Ac' or any rule or order made thereunder.