Section 34: Powers of various authorities and procedure to be followed by them

(1) The District Magistrate, the prescribed authority or any [appellate or revising authority]¹ shall for the purposes of holding any inquiry or hearing any appeal under this Act have the same powers as are vested in the Civil Court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters, namely,--

(a) summoning and enforcing the attendance of any person and examining him on oath ;

(b) receiving evidence on affidavits;

(c) inspecting a building or its locality or issuing commission for the examination of witnesses or documents or local investigation ;

(d) requiring the discovery and production of documents;

(e) awarding, subject to any rules made in that behalf, cost a or special costs to any party or requiring security for costs from any party;

(f) recording a lawful agreement, compromise or satisfaction and making an order in accordance therewith ;

(g) any other matter which may be prescribed.

(2) The District Magistrate, the prescribed authority or [appellate or revising authority]², while holding an inquiry or hearing [an appeal or revision]³ under this Act, shall be deemed to be a Civil Court within the meaning of [sections 345 and 346 of the Code of Criminal Procedure, 1973]⁴ and any proceeding before him or it to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code.

(3) Where any costs or other sum of money awarded under his Act by the District Magistrate or the prescribed authority or [the appellate or revisional authority]⁵ remains unpaid he or it may issue a certificate of recovery in respect thereof in the prescribed form, and any person in whose favour such certificate is issued may apply to the Court of Small Causes having jurisdiction under the Provincial Small Cause Courts Act, 1887, fur recovery of the amount specified in the certificate. Such court shall thereupon execute the certificate or cause the same to be executed in the same manner and by the same procedure as if it were a decree for payment of money made by itself in a suit.

(4) Where any party to any proceeding for the determination of standard rent of or for eviction from a, building dies during the pendency of the proceeding, such proceeding may be continued after bringing on the record :

(a) in the case of the landlord or tenant, his heirs or legal representatives ;

(b) in the case of an un-authorized occupant, any person claiming under him or found in occupation of the building.

(5) Where any person has been evicted from a building in pursuance of any order of the District Magistrate or the prescribed authority or made on appeal under this Act, the District Magistrate or the prescribed authority, as the case may be, may after service or publication of a notice in that behalf on such persons and in such manner as may be prescribed, remove or cause to be removed or dispose of, in such manner as may be Prescribed, any specific property remaining on such building.

(6) Affidavits to be filed in any proceeding under this Act shall be made in the same manner and conform to the same requirements as affidavits filed under the Code of Civil Procedure, 1908, and may be verified by any officer or other person appointed by the High Court under clause (b) or by an officer appointed by any other court under clause (c) of section 139 of the said Code.

(7) The District Magistrate, the prescribed authority or [the appellate or revisional authority]⁶ shall record reasons for every order made under this Act.

(8) For the purposes of any proceedings under this Act and for purposes connected therewith the said authorities shall have such other powers and [shall follow such procedure, principles of proof rules of limitation and guiding principles as may be prescribed.]²