(1) No order which prejudicially affects any person shall be made by the Rent Authority under this Act without giving him a reasonable opportunity of showing cause against the order proposed to be made and until his objections, if any, and any evidence he may produce in support of the same have been considered by the Rent Authority.
(2) Subject to any rule made under this Act and the other provisions of this Act, the Rent Authority shall, while holding an inquiry in any proceeding before him, follow as far as may be the practice and procedure of a court of small causes, including the recording of evidence.
(3) The Rent Authority shall not ordinarily allow more than three adjournments at the request of a party throughout the proceedings 1Substituted by Punjab Act No. 23 of 2014, Section 7 Procedure to be followed by Rent Authority.
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(4) The Rent Authority shall issue summons in relation to every application under this Act in the form specified in Schedule III to this Act.
(5) The Rent Authority shall, in addition to, and simultaneously with the issue of summons for service on the opposite party, also direct the summons to be served by registered post, acknowledgement due, under certificate of posting addressed to the opposite party or his agent authorised to accept the service at the place where the opposite party or his agent actually and voluntarily resides or carries on business or personally works for gain, and shall also direct affixing of the same on the door of the premises in dispute and gets a manadi in this behalf. This shall constitute valid service of summons.
(6) (a) An application under section 19 for cutting off essential services shall be dealt with in accordance with the procedure specified in this sub- section.
(b) The Rent Authority shall commence the hearing of the application within seven days of the filing thereof and shall dispose of the same within thirty days of starting of such hearing, failing such commencement of hearing of application within such time, the Rent Authority shall inform the 1[Appellate Authority]the reasons therefore.
(7) (a) Every application by a landlord for the recovery of possession of any premises on the ground specified in clause (d) or clause
(e) or clause (g) of sub-section (2) of section 20 or under section 21, or under section 22 or under section 23 or under section 24 or under section 1Substituted for words “Chairman of the Tribunal” by Punjab Act No. 23 of 2014, Section 8 https://indiankanoon.org/doc/31474866/ https://indiankanoon.org/doc/110000663/ https://indiankanoon.org/doc/4911932/ https://indiankanoon.org/doc/148188418/ https://indiankanoon.org/doc/17827203/ https://indiankanoon.org/doc/176852959/ https://indiankanoon.org/doc/126405371/ 48 31 shall be dealt with in accordance with the procedure specified in this sub-section.
(b) The tenant on whom the summons is duly served in accordance with sub- section (5) in the Form specified in Schedule III to this Act shall not contest the prayer for eviction from the premises unless he files an affidavit stating the grounds on which he seeks to contest the application for eviction and obtains leave from the Rent Authority as hereinafter provided; and in default of his appearance in pursuance of the summons or his obtaining such leave, the statement made by the landlord in the application for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction on the ground aforesaid.
(c) The Rent Authority shall give to the tenant leave to contest the application if the affidavit filed by the tenant discloses such facts as would disentitle the landlord from obtaining an order for the recovery of possession of the premises.
(d) Where leave is granted to the tenant to contest the application, the Rent Authority shall ordinarily commence the hearing of the application within seven days of the grant of such leave and shall provide day to day hearing and shall dispose of the application within thirty days of starting of such hearing failing such commencement of hearing or disposal of application within such time, the Rent Authority shall inform the 1[Appellate Authority]the reasons therefore.
(e) Where the leave to contest under clause (c) is denied to the tenant he may file an application for review before the Rent Authority 1Substituted for words “Chairman of the Tribunal” by Punjab Act No. 23 of 2014, Section 8 https://indiankanoon.org/doc/196615804/ https://indiankanoon.org/doc/50985747/ https://indiankanoon.org/doc/10608247/ https://indiankanoon.org/doc/126020440/ 49 within ten days of such denial and the Rent Authority shall endeavour to dispose of such application within seven days of its filing.
(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.
38. (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.
https://indiankanoon.org/doc/119937838/ https://indiankanoon.org/doc/158770710/ https://indiankanoon.org/doc/183818765/ 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.
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(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.
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(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.
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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 *****]
65. Clerical or arithmetical mistakes in any order passed by the 5[Appellate Authority] or Rent Authority or errors arising therein from any accidental slip or omission may, at any time, be corrected by the 5[Appellate Authority] or, as the case may be, the Rent Authority on an application received in this behalf from any of the parties or otherwise.
1Substituted by Punjab Act No. 23 of 2014, Section 15 2Omitted by Punjab Act No. 23 of 2014, Section 16 3Omitted by Punjab Act No. 33 of 2013, Section 20 4Omitted by Punjab Act No. 23 of 2014, Section 16 5Substituted for word “Tribunal” by Punjab Act No. 23 of 2014, Section 17 Appearance before the Appellate Authority.
Amendment of orders.
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66. 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.
CHAPTER VII PENALTIES
67. 1[(1) ***]
(2) If any landlord or tenant contravenes the provisions of subsection (1) of section 19, he shall be punishable with fine equivalent in amount to the rent for three months or with one month's imprisonment or with both, and shall also be liable to fine of 2[five hundred rupees] for each day commencing on the date of cutting off or withholding essential supply or service till the date the essential supply or service is restored.
(3) If any tenant sublets, assigns or otherwise parts with the possession of the whole or part of any premises in contravention of the provisions of section 26, he shall be punishable with fine which may extend to 3[ten thousand rupees], or double the rent received by the tenant for sub-letting for every month till such time the cause of complaint ceases, whichever is more or with imprisonment for a term of one month.
(4) If any landlord makes a false statement in his affidavit under
Explanation I to clause (q) of sub-section (2) of section 20, he shall be punishable with fine which may extend to 4[ten thousand rupees], or double the rent receivable for a period of three years in case it has been relet, whichever is more.
1 Omitted by Punjab Act No. 33 of 2013, Section 21 2Substituted for words 'one hundred rupees' by Punjab Act No. 33 of 2013, Section 21 3Substituted for words 'five thousand rupees' by Punjab Act No. 33 of 2013, Section 21 4Substituted for words 'five thousand rupees' by Punjab Act No. 33 of 2013, Section 21 Finality of Orders.
Penalties.
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(5) If any landlord re-lets or transfers the whole or any part of any premises in contravention of sub-section (1) of section 29, he shall be punishable with fine which may extend to 1[ten thousand rupees], or double the rent the landlord receives after re-letting whichever is more, or imprisonment which may extend to one month.
Explanation - For the purposes of this sub-section and sub- section
(3), in cases where it is difficult to prove the rent which the landlord or the tenant, as the case may be, is receiving after re-letting or sub-letting, the fine may extend to five thousand rupees.
(6) If, after the tenant has delivered possession, the landlord fails to commence the work of repairs of building or re-building, as the case may be, within three months of the specified date under sub-section (3) of section 30, he shall be punishable with fine equivalent to rent for three months.
(7) If a landlord contravenes the provisions of sub-section (2) of section 30, he shall be punishable with fine which may extend to six months' rent of the premises.
(8) If a tenant fails to make re-entry under sub-section (2) of section 30 within three months from the date of the completion of repairs or building or re-building, as the case may be, intimated in writing by the landlord, without reasonable excuse, he shall forfeit his right to re-entry and shall be punishable with fine equivalent to three months' rent of the premises.
1Substituted for words 'five thousand rupees' by Punjab Act No. 33 of 2013, Section 21 https://indiankanoon.org/doc/136098036/ https://indiankanoon.org/doc/50519116/ https://indiankanoon.org/doc/91690626/ https://indiankanoon.org/doc/23894785/ 56
CHAPTER VIII MISCELLANEOUS
68. Save as otherwise expressly provided in this Act, no civil court shall entertain any suit or proceedings insofar as it relates to any other matter to which this Act applies or to any other matter which the Rent Authority is empowered by or under this Act to decide and no injunction in respect of any action taken or to be taken by the Rent Authority or the 1[Appellate Authority] under this Act shall be granted by any civil court or other authority.
69. All Rent Authorities and Additional Rent Authorities appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860.
70. No suit, prosecution or other legal proceeding shall lie against any Rent Authority or Additional Rent Authority in respect of anything which is in good faith done or intended to be done in pursuance of this Act.
2[71 &72. ****]