Sec 31 to 39 Chapter VII The Jharkhand Buildings (Lease, Rent and Eviction) Control Act, 2011

31. Appointment of Controllers

(1) The State Government may, by notification, in the Official Gazette, appoint as many Controllers as they thinks fit, and define the local limits within which, each Controller shall exercise the powers and perform the functions under this Act.

(2) A person not blow the rank of Sub Divisional Officer and Executive Magistrate shall be appointed as a Controller.

32. Powers of Controller

(1) For the purpose of any enquiry under this Act, the Controller may

(a) enter and inspect any building at any time between sunrise and sunset or authorize any officer subordinate to him to so enter and inspect any building.

Provided that no building shall be entered without the consent of the occupier unless at least twenty four hours previous notice in writing has been given, and

(b) by written order require any person to produce for his inspection such accounts, rent receipts, books or other documents relevant to the enquiry at such time and at such place as may be specified in the order.

(2) The Controller shall have power to summon and enforce the attendance of witnesses and to compel the production of documents by the same means and, so far as may be, in the same manner as is provided in the case of a Court by the Code of Civil Procedure (Act No.5 of 1908).

33. Procedure to be followed by Controller

(1) No order which prejudicially affects any person shall be made by the Controller under this Act without giving such person a reasonable Opportunity of showing cause against the order proposed to be made, and until his objection, if any, and any evidence that may be adduced in Support of the same have been considered by the Controller.

(2) The Controller shall, while holding enquiry in any proceeding before him, follow Such procedure as may be prescribed.

(3) All proceedings before the Controller shall ordinarily conclude within six months from the date of first appearance of the respondent in response to the summons issued for his appearance in the case, or from the date on which the respondent is set ex-parte:

Provided that the Controller may extend the hearing of the case beyond six months for reasons to be recorded by him on each day of hearing. However total period of such hearing shall not exceed 12 months. 

(4) In the case of an application under sub-section (2) of section 18, the Controller shall commence the hearing of the application within seven days of the filing thereof and shall dispose off the same as far as may be possible within thirty days of start of such hearing, unless for reasons to be recorded the Controller adjourns the case beyond such time.

34. Controller to issue notice to landlord or tenant before exercising powers

Before exercising any of the powers conferred by this Act, the Controller shall give notice of his intention to do so to the landlord and to the tenant, if any, and shall consider any application that may be received by him within the period specified in the notice from such landlord or tenant or from any other person likely to be affected by the exercise of such powers and shall hear the applicant if so desired by him.

35. Controller to maintain list of Standard Rents

(1) The Controller shall maintain up-to-date list showing the standard rents of buildings as fixed by him from time to time under the Act.

(2) A copy of the list shall remain in the office of the Controller available for inspection free of charge during office hours, and copies of the entries in such list may be granted by the Controller on payment of such charge as may be prescribed 

36. Appeal

(1) Any person aggrieved by an order passed by the Controller may, within fifteen days from the date of receipt of such order by him, prefer an appeal in writing to the Appellate Authority.

(2) On such appeal being preferred, the Appellate Authority may

(a) after perusing the memorandum of appeal and hearing the appellant, if necessary summarily dismiss the appeal, or

(b) call for records of the case from the Controller and after examining such records and, if necessary, making such further enquiry as he thinks fit decide the appeal.

(c) such appeal shall be decided within the six months.

(3) Subject to the provision of sub-section (2), the decision of the Appellate Authority and subject only to such decision where an appeal lies, an order of the Controller shall be final and shall not be liable to be questioned in any court of law whether in suit or other proceeding by way of appeal or revision

37. Revision

(1) The Commissioner may, either of his own motion or on application made to him in this behalf, revise any order passed by the Controller or by the Appellate Authority On appeal under this Act.

(2) The exercise of the powers by the commissioner under this section shall be subject to such rules as may be prescribed and for reasons to be recorded in writing,

(3) Such revision application shall be disposed of within six month from the date of filing of such application.

38. Award of costs

In every order passed by the Controller, the Appellate Authority or the Commissioner under this Act, it may award cost to the person in whose favour the order is passed and the cost so awarded shall include such as compensation for the expense, trouble and loss of time incurred in, Or incidental to, the hearing of the case, as deemed just and reasonable.

39. Execution of orders of Controller, Appellate Authority and Commissioner

(1) Every order of the Controller passed under this Act, where no appeal against such order has been preferred under sub-section (1) of section 36, every order of the Appellate Authority on appeal under sub-section (2) of section 36 and every order of the Commissioner passed in revision under section 37 shall be executed by the Controller as if such orders were an order passed by such Controller.

 

(2) The Controller, Appellate Authority and the Commissioner, in exercise of the powers conferred upon it under this Act shall be treated as a Court under sections 195 and 340 of Criminal Procedure Code (1973 (Act 2 of 1974) and any proceedings before it shall be regarded as judicial proceedings under sections 193 and 228 of Indian Penal Code.