Ensuring fairness and equity in landlord-tenant relationships is paramount to fostering a harmonious living environment. The appointment of Rent Controlling Authorities (RCAs) under the Madhya Pradesh Accommodation Control Act of 1961 plays a pivotal role in regulating rental accommodation while safeguarding the rights of both landlords and tenants.
In this article, you will read about the powers, functions, and appeals process associated with RCAs, emphasising their crucial role in upholding fairness and justice in the rental housing sector of Madhya Pradesh (MP).
Related: What Are the 7 Rights of Tenant in India?
Appointment of Rent Controlling Authority
Section 28 of the MP Accommodation Control Act empowers the Collector to appoint a Rent Controlling Authority (RCA). However, the Collector is bound by the state government’s previous approval. The officer appointed as the RCA should not be below the rank of Deputy Collector.
Powers of Rent Controlling Authority
RCAs hold significant powers to regulate rental accommodation and adjudicate disputes between landlords and tenants. Some of the crucial powers vested in RCAs include the following.
1. Powers of Civil Courts
RCA is vested with the same powers as are granted to the civil courts under the Civil Procedure Code, 1908:
- (a) calling someone to appear and testifying under oath
- (b) requesting the production of documents or other electronic records
- (c) acknowledging testimony based on affidavits
- (d) issuing commissions for the examination of witnesses or documents
- (e) reviewing its decisions
- (f) dismissing an application for default or deciding it ex parte
- (g) any other matter that the Central Government may specify
2. Determination of Rent
RCAs have the authority to determine and regulate the standard rents for residential accommodations within their jurisdiction. It must adhere to the principles given under section 7 of the MP Accommodation Act while determining standard rent.
Where the RCA is unable to fix the standard rent as per the principles outlined in section 7 of the MP Accommodation Act, it can fix the rent having regard to various factors such as market conditions, property value, and tenant affordability.
3. Eviction Proceedings
RCAs adjudicate eviction proceedings initiated by landlords against tenants. They ensure that eviction notices are served in accordance with legal requirements and that tenants are afforded due process rights during the eviction process.
RCAs conduct hearings where both parties can present their arguments and evidence, ensuring that all relevant factors are considered before making a decision. Overall, RCAs play a vital role in ensuring that eviction proceedings are conducted fairly and in accordance with the law.
Appeal Against the Order of Rent Controlling Authority
When dissatisfied with an RCA’s decision, tenants or landlords have the right to file an appeal to the District Judge or Additional District Judge. An appeal to the District Judge or Additional District Judge must be filed within thirty days from the date of the RCA’s order.
Further, an appeal against the order of the District Judge or Additional District Judge can be made to the Supreme Court under the following conditions:
- (a) the decision is contrary to law or usage having the force of law
- (b) the decision has failed to determine the material issue of law
- (c) that a significant mistake or defect in the procedure given under the MP Accommodation Act led to an error in the case’s merits decision.
Conclusion
Rent-controlling authorities (RCAs) are critical in regulating rental accommodation and ensuring fairness in landlord-tenant relationships. Through their powers to determine rents, adjudicate disputes, and enforce rental laws, RCAs uphold the rights and interests of both landlords and tenants. Their efforts help ensure that landlords and tenants are treated fairly and equitably, contributing to a balanced and harmonious landlord-tenant relationship.
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