Section 32 in Jammu and Kashmir Residential and Commercial Tenancy Act, 2012
32. Powers of Rent Controller and Appellate Rent Tribunal
(1) The Rent Controller and the Appellate Rent Tribunal for the purpose of discharging their functions under the Act, shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, Samvat 1977 for the purposes of,-(i)summoning and enforcing the attendance of any person and examining him on oath;(ii)requiring the discovery and production of document;(iii)issuing commission for examination of witness or documents;(iv)issuing commission for local investigation;(v)receiving evidence on affidavits;(vi)dismissing an application or appeal for default or deciding it ex-parte;(vii)setting aside any order of dismissal of any application or appeal for default or any other order passed by it ex-parte;(viii)for the execution of its orders and decisions under the Act like decree of a Civil Court without reference to any Civil Court;(ix)reviewing its orders and decisions; and(x)any other matter which may be prescribed.(2)Any proceeding before the Rent Controller or Appellate Rent Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the Ranbir Penal Code and the Rent Controller and the Appellate Rent Tribunal shall be deemed to be a Civil Court for the purposes of the Code of Criminal Procedure, Samvat 1989.(3)For the purpose of holding an inquiry or discharging any duty under the Act, the Rent Controller or the Appellate Rent Tribunal may,-(i)after giving not less than twenty four hours notice in writing, enter and inspect or authorize any officer, subordinate to him, to enter and inspect, any rental unit at anytime between sunrise and sunset;(ii)by written order, require any person to produce for his inspection such books or documents relevant to the inquiry, at such time and at such place, as may be specified in the order.(4)The Rent Controller may, if he thinks fit, appoint one or more persons having special knowledge of the matter under consideration as assessor or valuer to advise him in the proceedings before him.(5)Any clerical or arithmetical mistake in any order passed by the Rent Controller or the Appellate Rent Tribunal or any other error arising out of any accidental omission may, at any time, be corrected by the Rent Controller or the Appellate Rent Tribunal, as the case may be, on an application received by it in this behalf from any of the parties or otherwise.(6)The Rent Controller may exercise the powers of a Judicial Magistrate for the recovery of the fine under the provisions of the Code of Criminal Procedure, Samvat 1989 and the Rent Controller shall be deemed to be a Magistrate under the said Code for the purposes of such recovery.(7)An order made by a Rent Controller or an order passed in appeal or revision or review under this chapter shall be executable by the Rent Controller as a decree of a Civil Court and for this purpose, the Rent Controller shall have the powers of a Civil Court.(8)The Rent Controller may set aside an order passed ex parte if the aggrieved party files an application and satisfies him/her that notice was not duly served or that he/she was prevented by any sufficient cause from appearing when the case was called for hearing.(9)Save as otherwise expressly provided in the Act, every order made by the Rent Controller shall, subject to decision in appeal, be final and shall not be called in question in any original suit, application or execution proceedings.(10)The Rent Controller shall have the power to effect conciliation between the parties in any case pending before it.
