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CHAPTER- V CONSTITUTION OF TRIBUNALS, PROCEDURE FOR REVISION OF RENT AND EVICTION, APPEAL AND EXECUTION

Section 21: Procedure and powers of the Rent Tribunal and the Appellate Rent Tribunal

The Rajasthan Rent Control Act, 2001

How current this text is

Text as published by India Code for the Government of Rajasthan, with amendments up to the Rajasthan Rent Control (Amendment) Act, 2017 (Act No. 33 of 2017).

(l) In every case before the Rent Tribunal and the Appellate Rent Tribunal the evidence of a witness shall be given by affidavit. However, the Rent Tribunal or the Appellate Rent Tribunal, where it appears to it that it is necessary in the interest of justice to call a witness for examination or cross-examination and such witness can be produced, may order attendance for examination or cross-examination of such a witness.

(2) The documents filed before the Rent Tribunal by the petitioner shall be distinctly marked by him as Ex-1, Ex-2 and so on in the red ink and the documents filed by the respondent shall be similarly distinctly marked by him as Ex-A 1, Ex-A 2 and so on in red ink and in the affidavits the documents shall be referred by these exhibit marks and signatures or other parts of the documents referred to in the affidavits shall be distinctly marked by the party filing the document as A to B or C to D and so on in red ink.

(3) The Rent Tribunal and the Appellate Rent Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908), but shall be guided by the principal 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 No. 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.

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

(5) Any proceeding before the Rent Tribunal or Appellate Rent Tribunal shall deemed be 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 No. 45 of 1860) and the Rent Tribunal or the Appellate Rent Tribunal 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 No. 2 of 1974).

Questions on this section

2 questions in 3 of our papers cite Section 21. Try these from the free papers:

  1. 1. Consider the following statements regarding Section 21 of the Rajasthan Rent Control Act, 2001: 1. Evidence of a witness before the Rent Tribunal and the Appellate Rent Tribunal is given by affidavit. 2. The Appellate Rent Tribunal is strictly bound by the procedure in the Code of Civil Procedure, 1908. 3. The Rent Tribunal shall not grant an adjournment without a written application and recorded reasons. 4. The Tribunals have the powers of a civil court for reviewing their decisions. Which of the statements given above are correct?

Practise questions on Rajasthan Local Laws