Section 36 of Delhi Rent Control Act - Powers of Controller

Section 36 of the Delhi Rent Control Act, 1958 sets out important procedural and administrative powers of the Controller. These include the power to transfer or withdraw proceedings, exercise specified powers of a civil court, inspect premises, require production of documents and obtain assistance from persons having special knowledge.

What is Section 36 of the Delhi Rent Control Act?

Section 36 defines several powers available to the Controller while administering and deciding matters under the Delhi Rent Control Act. The provision is procedural in nature and enables the Controller to manage proceedings and obtain the evidence, documents and expert assistance necessary for deciding matters under the Act.

Under Section 2(b) of the Act, the term "Controller" means a Controller appointed under Section 35(1) and includes an additional Controller appointed under Section 35(2).

Text of Section 36 - Powers of Controller

Explanation of the Powers Under Section 36

1. Transfer and withdrawal of proceedings

Section 36(1) gives the Controller administrative control over proceedings pending before the Controller and additional Controllers. A proceeding pending before the Controller may be transferred to an additional Controller. The Controller may also withdraw a proceeding pending before an additional Controller and either decide it himself or transfer it to another additional Controller.

2. Powers similar to a civil court

Section 36(2) gives the Controller specified powers corresponding to those exercised by a civil court under the Code of Civil Procedure, 1908. These powers are not stated as an unrestricted grant of every power of a civil court. The subsection specifically identifies matters such as summoning persons, examination on oath, discovery and production of documents and issuing commissions for examination of witnesses.

3. Summoning and examining witnesses

The Controller can summon a person, enforce attendance and examine that person on oath. This enables relevant oral evidence to be received during proceedings under the Act.

4. Discovery and production of documents

The Controller may require discovery and production of relevant documents. Depending upon the dispute, relevant material may include tenancy documents, rent-related records, accounts and other documents necessary for deciding the proceeding.

5. Commission for examination of witnesses

Section 36 expressly empowers the Controller to issue commissions for examination of witnesses. This is one of the specified civil-court powers conferred for proceedings under the Act.

6. Proceedings treated as judicial proceedings

The statutory text declares proceedings before the Controller to be judicial proceedings for the purposes specified in Section 36(2). This reflects the formal judicial character attached by the Act to proceedings conducted before the Controller.

7. Power to inspect premises

Section 36(3)(a) authorises the Controller, for holding an inquiry or discharging a duty under the Act, to enter and inspect premises or authorise a subordinate officer to do so. The provision requires not less than twenty-four hours' written notice, and the inspection is to take place between sunrise and sunset.

8. Power to require accounts, books and documents

Under Section 36(3)(b), the Controller may issue a written order requiring a person to produce accounts, books or other documents relevant to an inquiry. The order may specify the time and place at which those records are to be produced for inspection.

9. Appointment of assessors

Section 36(4) permits the Controller to appoint one or more persons having special knowledge of the matter under consideration as assessors. Their role under the provision is to advise the Controller in the proceeding.

Key Requirements of Section 36

• The Controller can transfer proceedings to an additional Controller.
• A proceeding can be withdrawn from an additional Controller and dealt with or transferred by the Controller.
• The Controller has specified civil-court powers relating to witnesses, documents and commissions.
• Proceedings before the Controller have the judicial status specified by Section 36(2).
• Inspection of premises under Section 36(3)(a) requires at least twenty-four hours' written notice.
• Inspection under that provision is permitted between sunrise and sunset.
• Relevant accounts, books and other documents may be required by written order.
• Persons with special knowledge may be appointed as assessors to advise the Controller.

Section 36 and Section 35

Section 36 should be read with Section 35 of the Delhi Rent Control Act , which deals with appointment of Controllers and additional Controllers. Section 36 then specifies important powers exercisable by the Controller in proceedings under the Act.

Section 36 and Procedure Before the Controller

Section 36 is also closely connected with Section 37 of the Delhi Rent Control Act , which deals with the procedure to be followed by the Controller. Together, these provisions form an important part of the procedural framework governing proceedings before the Rent Controller.

Official Legal Source

The authoritative text of the Delhi Rent Control Act, 1958 may be checked on the India Code - Delhi Rent Control Act, 1958 .