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State of Punjab - Section
Section 40 in The Punjab Rent Act, 1995
40. [ to 49. [Omitted by Punjab Act No. 23 of 2014, dated 29.8.2014]
***.]| 40. Establishment of Punjab Rent Tribunal.- The[State Government] [Substituted 'Government of Punjab' by Punjab Act No. 33 of 2013, dated 16.4.2013]shall, by notification in the Official Gazette, establish a Tribunal, to be known as the Punjab Rent Tribunal to exercise the jurisdiction, powers and authority conferred on it by or under this Act.41. Composition of Tribunal and Benches thereof.- (1) The Punjab Rent Tribunal shall consist of a Chairman and such number of other members, being not less than three, as the State Government may deem fit and, subject to the other provisions of this Act, the jurisdiction, powers and authority of the Tribunal may be exercised by the Benches thereof.(2) Subject to the other provisions of this Act, a Bench shall consist of one or more members, as the Chairman may decide in accordance with the rules framed under this Act.(3) Notwithstanding anything contained in sub-section (1), the Chairman may transfer a Member from one Bench to another Bench.(4) Subject to the other provisions of this Act, the Benches of the Tribunal shall ordinarily sit at Chandigarh or at such other places as the State Government may, by notification in the Official Gazette, specify.42. Qualifications for appointment as Chairman and Members.- (1) A person shall not be qualified for appointment as the Chairman unless he, -(a) is, or has been, a Judge of a High Court; or(b) is, or has been, a Financial Commissioner or a Principal Secretary to the Government of Punjab; or(c) has, for atleast three years, held the office of a Member; or(d) is, or has been, a Member of the Punjab Superior Judicial Service and has held for atleast three years the post of District and Sessions, Judge; or(e) has, for atleast, three years held the post of Secretary in the Law Department of the State Government.(2) A person shall not be qualified for appointment as Member unless he,(a) has, for atleast, fifteen years, held the post of a Rent Authority; or(b) is, or has been, a member of the Punjab Superior Judicial Services and has held for atleast five years the post of a District and Sessions Judge or Additional District and Sessions Judge; or(c) has, for atleast, two years held the post of Secretary in the Law Department of the State Government; or(d) has, for atleast ten years, been a practising advocate :Provided that there shall not be appointed more than one member of the Tribunal at a time under clause (d) above.(3) The Chairman and other members of the Tribunal shall be appointed by the State Government.43. Term of offices.- The Chairman or any other Member shall hold office as such for a term of five years from the date on which he enters upon his office but shall be eligible for re-appointment for another term of five years :Provided that no Chairman or any other member shall hold office as such after he has attained;(a) in the case of the Chairman, the age of sixty five years; and(b) in the case of any other Member, the age of sixty two years.44. Senior-most Member to act as Chairman or discharge his functions in certain circumstances.- (1) In the event of occurrence of any vacancy in the office of the Chairman by reason of his death, resignation or otherwise, the senior-most Member shall act as Chairman until the date on which a new Chairman appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office.(2) When the Chairman is unable to discharge his functions owing to his absence, illness or any other cause, the senior-most Member shall discharge the functions of the Chairman until the date on which the Chairman resumes his office.45. Salaries, Allowances and other terms and conditions of service of Chairman and other Members.- The salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman and other Members shall be such as may be prescribed :Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairman or any other Member shall be varied to his disadvantage after his appointment.46. Resignation and removal.- (1) The Chairman or any other member, may, by notice in writing under his hand addressed to the State Government, resign his office:Provided that the Chairman or any other Member shall, unless he is permitted by State Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.(2) The Chairman or any other Member shall not be removed from his office except by an order made by the State Government on the ground of proved misbehaviour or incapacity after an inquiry is made by a Judge of the High Court in which such Chairman or other Member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.(3) The State Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the Chairman or other Members referred to in sub-section (2).47. Provision as to the holding of offices by Chairman and Member on ceasing to be such Chairman or Member.- On ceasing to hold office, -(a) The Chairman of the Tribunal shall be ineligible for further employment under the Government of India or under a Government of a State;(b) A Member, other than the Chairman, of the Tribunal shall, subject to the other provisions of this Act, be eligible for appointment as the Chairman or Member of any other Tribunal, but not for any other employment either under the Government of India or under the Government of a State; and(c) The Chairman or other Member shall not appear, act or plead before the Tribunal.Explanation.- For the purposes of this section, employment under the Government of India or under the Government of a State includes employment under any local or other authority within the territory of India or under the control of the Government of India or under any Corporation or Society owned or controlled by the Government.48. Financial and administrative powers of Chairman.- The Chairman shall exercise such financial and administrative powers over the Benches as may be prescribed :Provided that the Chairman shall have authority to delegate such of his financial and administrative powers as he may think fit to any other Member or any officer of the Tribunal subject to the condition that such member or officer shall, while exercising such delegated powers, continue to act under the direction, control and supervision of the Chairman.49. Staff of the Tribunal.- (1) The[State Government] [Substituted 'Government of Punjab' by Punjab Act No. 33 of 2013, dated 16.4.2013]shall determine the nature and categories of the officers and other employees required to assist the Tribunal in the discharge of its functions and provide the Tribunal with such officers and other employees as it may think fit.(2) The salaries and allowances and conditions of service of the officers and other employees of the Tribunal shall be such as may be prescribed.(3) The officers and other employees of the Tribunal shall discharge their functions under the general superintendence of the Chairman. |