Who is RCA? | How is RCA appointed? | What are the Powers Of Rent Control Authority (RCA) MPCJ
Table of Contents
Definition of RCA-
According to section 2 (f). An officer appointed under section 28 is a rent control authority (RCA).
Appointment of RCA- (Section 28)
Who appoints – Collector with the previous approval of state government.
How many – Collector shall appoint one RCA, and may appoint one or more RCA to help Main RCA.
Powers of Rent Controlling Authority. (Section 29)
1) The Rent Controlling Authority shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908.
They are
(a) summoning and enforcing the examining him on oath;
(b) requiring the discovery and production of documents;
(c) issuing commissions for the
(d) any other matter which may be prescribed.
Nature of proceeding-
The proceeding before RCA shall be deemed as a judicial proceeding within the meaning of Section 193 and 228 of the Indian penal code. The RCA shall be Deemed to be a Civil Court within the meaning of section 482 and section 482 of CrPC 1898; ( they are section 345, 346 348 of New enforced CrPC 1973)
Other powers of RCA-
The RCA may, after giving not less than a 24-hour notice in writing enter and inspect any accommodation at any time between sunrise and sunset.
The RCA may by written order require any person to produce for inspection all such accounts books or other documents relevant to the inquiry at such time and at such place as may be specified in the order.
According to various sections of the act, the following powers are vested in RCA-
Section 30 (2) –
In all Proceedings before the RCA, it shall consider the question of cost and awards, much cost and awards, or against any party at the RCA considered reasonable.
Section 33
The RCA may correct at anytime clerical and arithmetical mistakes in any order passed by the RCA, or the judge, or errors arising therein from any accidental slip or omission.
section 34
The RCA shall exercise powers of the magistrate for recovery of fines as specified in section 421 of CrPC 1973.
Section 35
The RCA, exercising powers of Civil Court for the execution of other orders passed in appeal or revision under chapter 3A, shall be executed by a civil decree of a Civil Court.
The RCA may exercise other powers regarding various disputes-
Section 15 (3)
The RCA may decide the dispute regarding the legality of a sub-tenancy.
Section 17
The RCA may order for recovery of possession for occupation and re-entry.
Section 23 I
A landlord making false and frivolous application under Section 23 A or tenant seeking either permission to defend the application or adjournment on false or affiliates or vexatious grounds may be saddled with heavy compensatory costs not exceeding six-month rent of accommodation.
Section 24
The RCA may resolve the dispute if the landlord does not give this receipt to the tenant.
Section 25
The RCA decides the dispute regarding disposal of the rent, in case of not accepting the rent; it fails to give a receipt or where there is bona fide doubt that the rent is paid.
Section 37
Power of the RCA to permit tenant for repair and to give a guide to the landlord to keep accommodation in good repair.
Section 38
The RCA may order for the restoration of essential supply or may, in its discretion, direct compensation not exceeding 50 rupees to landlord or tenant as the case may be.
Section 48
The RCA shall be deemed to be a public servant within the meaning of section 21 of the Indian penal code 1860.
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