35. Jurisdiction of Civil Court barred in respect of certain matters.––

Save as otherwise provided in the Act, no Civil Court shall entertain any suit or proceedings in so far as it relates to fixation of rent payable and matters incidental thereto or to any other matter which the Rent Controller or Appellate Rent Tribunal is empowered by or under the Act to decide and no injunction in respect of any action taken or to be taken by the Rent Controller or Appellate Rent Tribunal under the Act, shall be granted by any Civil Court.

36. Court Fees. ––

(1) The provisions of 1 [the Court Fees Act, 1870 (7 of 1870)] shall apply in respect of applications and appeals to be presented before the Rent Controller and Appellate Rent Tribunal.

(2) The applications for recovery of possession made to the Rent Controller or Appellate Rent Tribunal and the memorandum of appeals presented before the Rent Controller or Appellate Rent Tribunal shall be treated as suits between the landlord and the tenant for the purposes of computation of court fees.

37. Remittance of penalty or fine recovered under the Act into consolidated fund of the State.––

The amount recovered in the form of penalty or fine under sub-section (3) of section 20 and sub-section (6) of section 32 of the Act shall be remitted to 2 [Consolidated Fund of the Union territory of Jammu and Kashmir].

38. Protection of Action taken in good faith.––

No suit, prosecution or other legal proceedings shall lie against any Rent Controller or Appellate Rent Tribunal in respect of anything which is done in good faith or intended to be done in pursuance of the Act.

39. Transfer of pending cases.––

On the commencement of the Act, all cases or proceedings in execution of any decree pending in Courts under the Jammu and Kashmir Houses and Shops Rent Control Act, 1966 shall stand transferred to the Rent Controller or Appellate Rent Tribunal specified under the Act and the concerned Rent Controller or the Appellate Rent Tribunal, as the case may be, shall proceed to hear such cases either de-novo or from the stage it was at the time of such transfer.

40. Power of Government to remove difficulties.––

If any difficulty arises in giving effect to the provisions of the Act, the Government may, by order, make such provisions not inconsistent with the provisions of the Act as may appear to be necessary for removing the difficulty :

Provided that no order shall be made under this section after the expiry of two years from the commencement of the Act.

41. Power to make rules.––

The Government may, by notification, make rules for purposes of carrying out the provisions of the Act.

42. Repeal and savings. ––

(1) The Jammu and Kashmir Houses and Shops Rent Control Act, 1966 is hereby repealed.

(2) Notwithstanding such repeal, anything done, any action taken, any order or notification issued under the said Act shall be deemed to have been done, taken or issued under the corresponding provisions of the Act as if this Act was in force on the date, such thing was done, action taken or order or notification was issued.

(3) Subject to the provisions of section 39 all cases and proceedings under the said Act pending, at the commencement of the Act, shall be continued and disposed off by the Rent Controller or Appellate Rent Tribunal, as the case may be, in accordance with the provisions of the repealed Act.

(4) The plaintiff, within a period of 90 days of coming into force of the Act shall, however, be entitled to withdraw any suit or appeal or any other proceeding pending under the repealed Act with liberty to file fresh petition in respect of the subject matter of such suit or appeal or any other proceeding under, and in accordance with, the provisions of the Act and for the purposes of limitation such petition shall, if it is filed within a period 180 days from the commencement of the Act, be deemed to have been filed on the date of filing of the suit which was so withdrawn and in case of withdrawal of appeal or other proceedings on the date on which the suit was filed out of which such appeal or proceedings originated.