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Section 10: Procedure to be followed by Rent Conroller(s) and Rent Control Tribunal

The Chhattisgarh Rent Control Act, 2011

How current this text is

Text of the Chhattisgarh Rent Control Act, 2011 as first published in the Chhattisgarh Gazette (Extraordinary) No. 280 of 6 November 2012, from the copy on India Code; the six amending Acts listed below are printed after it in the same PDF but are not merged into the sections shown here.

The PDF prints the Act in Hindi and in English; this page gives only the English text, which is the English translation published under clause (3) of article 348 of the Constitution by the authority of the President and the Governor.

Chhattisgarh Act No. 8 of 2014 substitutes sub-section (2) of section 6 (appointment of the Chairman of the Rent Control Tribunal); not shown in this text.

Chhattisgarh Act No. 3 of 2015 substitutes sub-sections (2), (3) and (4) of section 6, adds sub-sections (6) and (7) to section 6 (seat of the Tribunal at Raipur and service conditions of its Chairman and members), inserts section 13-A (power to make rules) and, in serial number 2 of Schedule 3, replaces the reference to Form C with “such proforma as may be prescribed”; not shown in this text.

Chhattisgarh Act No. 5 of 2016 inserts “and High Courts under Articles 226 and 227” after “Article 136” in section 6(5); not shown in this text.

Chhattisgarh Act No. 35 of 2016 inserts “in consultation with the High Court” after “State Government” in section 6(2) as substituted by Acts No. 8 of 2014 and No. 3 of 2015 (the 2012 text shown here already contains those words, which the 2014 and 2015 substitutions had dropped).

Chhattisgarh Act No. 23 of 2020 substitutes sub-sections (2) and (3) of section 6 (a retired High Court Judge or retired District Judge as Chairman, and not less than two members) and inserts sub-section (3A) (an Executive Chairman while the post of Chairman is vacant); not shown in this text.

Chhattisgarh Act No. 6 of 2021 omits sub-section (2) of section 13, under which an appeal against an order of the Rent Control Tribunal lay with the Supreme Court; not shown in this text.

Schedules 1 to 4 (rights and obligations of tenants and landlords) are printed on pages 22 to 26 of the PDF and are listed here by heading only.

In section 12(2) one word of the scan is covered by a blot after “The Tribunal”; it is read here as “and”, the word used in the same sentence of sub-sections (1), (3) and (4).

(1) The Rent Controller and the Rent Control Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (Central Act 5 of 1908), but shall be guided by the principle of natural justice and subject to other provisions of this Act or the Rules made thereunder and shall have powers to regulate their own procedure, and for the purpose of discharging their functions under this Act they shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) while trying a suit or an appeal in respect of 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) reviewing its decision;

(d) issuing commissions for the examination of witnesses or documents;

(e) dismissing petition for default or deciding it ex-parte;

(f) setting aside any order of dismissal of any petition for default or any order passed by it ex-parte;

(g) bringing legal representatives on record; and

(h) any other matter as may be prescribed.

(2) Rent Control Tribunal shall not grant any adjournment without written application and recording the reasons therefor in writing.

(3) Any proceeding before the Rent Control Tribunal or Rent Controller shall deemed to be a judicial proceeding within the meaning of Sections 193 and 228 and for the purpose of Section 196 of the Indian Penal Code, 1860 (Central Act 45 of 1860) and the Rent Controller shall be deemed to be a Civil Court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

Questions on this section

2 questions in 2 of our papers cite Section 10.

Practise questions on Chhattisgarh Local Laws