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Section – 6 – Functions Of Rent Magistrate.
- (1) The appropriate Rent Magistrate may discharge all, or any of the, following functions:-(a) may by order, on an appeal by any landlord, tenant or person interested in the premises, that he is dissatisfied with the amount of the recoverable rent of such premises as assessed by the appropriate Rent Officer, vary such amount;(b) may by order, on an appeal by any landlord, tenant or person interested in the premises from any determination of the appropriate Rent Officer under this Act on any other matter, decide such matter;(c) may by order, on a reference made by the Minister to him, assess the amount of the recoverable rent of any premises; and(d) may make an order for the ejectment of any tenant from any premises situated within his area of jurisdiction.(2) Without prejudice to the provisions of subsection (1), the appropriate Rent Magistrate shall decide any matter which has been required by this Act to be determined by him or if such matter has been referred to him by the Minister or the appropriate Rent Officer by or under this Act.
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Section – 7 – Powers Of, And Procedure To Be Observed By Rent Magistrate.
- Subject to the provisions of this Act and any regulations made thereunder, a District Magistrate functioning as a Rent Magistrate for the purposes of this Act shall have the same powers and observe the same procedure as a District Magistrate has and observes in the exercise of his ordinary jurisdiction.
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Section – 8 – Rent Magistrate’s Decision On Recoverable Rent Final.
- Every assessment of a Rent Magistrate as to the amount of the recoverable rent of any premises shall be final subject to a reservation to the High Court of any question of law.
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Section – 9 – Other Powers And Duties Of Rent Magistrate.
- (1) A Rent Magistrate shall, in making any determination, order or decision under this Act, take into account any matter which he considers relevant, notwithstanding that such matter is not admissible under the law relating to evidence.(2) Except as otherwise provided by or under this Act, a Rent Magistrate shall not be able to alter any of the conditions of the tenancy other than the amount of the recoverable rent.
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Section – 10 – Application For Assessment Of Recoverable Rent By Appropriate Rent Officers.
- A landlord or tenant of premises or other person interested in such premises may apply to the appropriate Rent Officer, in accordance with such regulations as may be made in that behalf, to assess the amount of the recoverable rent of such premises (whether or not such premises are occupied):Provided that such officer shall not entertain an application for an assessment of such premises, if an assessment has been made previously by him or the appropriate Rent Magistrate, unless he is satisfied that-(a) the circumstances affecting the question of the rent of such premises have materially altered since the last assessment of the rent of such premises;(b) the last assessment of the rent of such premises was obtained by fraud, misrepresentation or mistake;(c) fresh evidence of a material nature, which could not by the exercise of reasonable diligence have been produced when the last assessment of the rent of such premises was made, is now available;(d) the last assessment of the rent of such premises was made in the absence of any necessary or proper party whose absence was not due to any default or neglect on his part; or(e) in his opinion injustice has been occasioned.
Rent Act – 1963 (Act 220) Sections 6-10
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by Rentchamber - Rent, Rent Control
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