The Tribunal shall have its headquarters at Raipur and the State Government may, by numberification, fix such other places for hearing of matters by the Tribunal, as it deems fit.
The State Government in companysultation with the High Court shall appoint the Chairman of the Rent Control Tribunal, a retired Judge of the High Court or serving or retired District Judge number below the rank of Super Time Scale.
The Tribunal shall have such members with such qualification, as the State Government may prescribe.
It reads thus Appeal.
Under this Act, in the hierarchy of adjudicating authorities there is a Rent Controller and above that, a Rent Control Tribunal.
Appeal against an order of the Rent Control Tribunal shall lie with the Supreme Court.
From the date, the Tribunal becomes functional, which date shall be published in the State Gazette, the jurisdiction of all companyrts, except the jurisdiction of the Supreme Court under Article 136 and High Court under Articles 226 and 227 of the Constitution, shall stand excluded in respect of all matters falling within the jurisdiction of the Tribunal Provided, however, that all cases pending before any companyrt or authority immediately before the establishment of the Tribunal, shall companytinue to be processed under the old Act, as amended from time to time.
is the question arising in this appeal.
The terms and companyditions of the service of the Chairman and members of the Tribunal shall be such as may be prescribed by the State Government.
In terms of Section 7 of the Act the State can appoint one or more officers Signature Not Verified Digitally signed by number below the rank of Deputy Collector, as Rent Controller with ARJUN BISHT Date 2019.10.15 120527 IST Reason territorial jurisdiction to be specified by the Collector.
Section 13 of the Act provides for an appeal against orders of the Rent Controller and the Tribunal.
The State Government shall appoint an officer as the Registrar of the Tribunal, who shall number be below the cadre of Civil Judge ClassI or the rank of Deputy Secretary to the State Government.
1 Notwithstanding anything to the companytrary companytained in this Act, a landlord and or tenant aggrieved by any order of the Rent Controller shall have the right to appeal in the prescribed manner within the prescribed time to the Rent Control Tribunal.
The State of Chhattisgarh enacted the Chhattisgarh Rent Control Act, 2011 hereinafter referred to as the Act .
Deepak Gupta, J. Whether the State Legislature can enact a law providing an appeal directly to the Supreme Court of India?
