Section 19: Appellate Rent Tribunal, Appeals and limitation thereof

(1) The State Government shall constitute such number of Appellate Rent Tribunals and at such places as may be deemed necessary by it, by notification in the Official Gazette.

(2) Where two or more Appellate Rent Tribunals are constituted for any area, the State Government may, by general or special order, regulate the distribution of business among them.

(3) An Appellate Rent Tribunal shall consist of one person only (hereinafter referred to as the Presiding Officer of the Appellate Rent Tribunal) to be appointed by the High Court.

(4) No person shall be eligible to be appointed as Presiding Officer of the Appellate Rent Tribunal unless he is a member of the ¹[District judge cadre Service having not less than ²[three years] experience as such.

(5) Notwithstanding anything contained in sub-section (3), the High Court may authorise the Presiding Officer of one Appellate Rent Tribunal to discharge the functions of the Presiding Officer of the another Appellate Rent Tribunal also.

(6) From every final order passed by the Rent Tribunal, an appeal shall lie to the Appellate Rent Tribunal, within the local limits of whose jurisdiction the premises is situated and such an appeal shall be filed within a period of ³[sixty days] from the date of final order alongwith copy of such final order.

(7) The Appellate Rent Tribunal, upon filing an appeal under sub-section (6), shall serve notice, accompanied by copy of appeal, on the respondent on the date fixed by the Rent Tribunal under section 17 for the appearance of the parties before it. If the respondent fails to appear on the date so fixed before the Appellate Rent Tribunal, he may be proceeded against ex-parte . in case the final order under section 17 was passed in ex- parte proceedings against any party, the Appellate rent Tribunal shall issue notice, accompanied by copy of appeal, fixing a date not later than thirty days, requiring the respondent to appear before it on the date so fixed and service of such a notice shall be effected through process server of the Tribunal or civil court as well as by the registered post, acknowledgement due and notice duly served by any of these methods shall be treated as sufficient service. Where however, the Appellate Rent Tribunal otherwise consider it necessary so to do in the interest of justice in the facts of the case, it may issue notice of appeal to the respondent in the manner indicated above.

(8) The Appellate Rent Tribunal shall, thereafter, fix a date of hearing which shall not be later than forty five days -from the date of service of notice of appeal on the respondent and the appeal shall be disposed of' within a period of one hundred and eighty days from the date of service of notice of appeal on the respondent.

(9) Where the Appellate Rent Tribunal considers it necessary in the interest of arriving at a just and proper decision, it may allow filing of additional affidavit or documents at any stage of the proceedings in appeal.

(10) The Appellate Rent Tribunal may in its discretion pass such interlocutory order, during the pendency of the appeal, as it may deem fit.

(11) (a) While deciding the appeal, the Appellate Rent Tribunal may after recording reasons therefore,-

(i) confirm, vary, set aside, reverse or modify the order passed, by a Rent Tribunal; or

(ii) if necessary in the interest of justice, remand the case to the Rent Tribunal along with such direction as it may deem fit.

(b) The Appellate Rent Tribunal shall issue appropriate recovery certificate according to the decision rendered by it.

(c) The decision of the Appellate Rent Tribunal shall be final and no further appeal or revision shall lie against its order.

(12) On the application of any of the parties and after notice to the parties and after hearing such of them as have desired to be heard, or of its own motion without such notice, the Appellate Rent Tribunal may at any stage transfer any case from one Rent Tribunal to any other Rent Tribunal for disposal.

(13) Where any case has been transferred under sub- section (12), the Rent Tribunal which has thereafter to try or dispose of such case may, subject to any special direction in the order of transfer, proceed from the stage at which it was transferred.

Explanation.-The expression "final order" referred to in sub-section (6) shall mean an order by which any proceeding pending before the Rent Tribunal is finally disposed of.