The Chhattisgarh Rent Control Tribunal
(Appointment, Qualification and Term of Members)Rules, 2016
Notification No. F. 1-44/2014/32 dated the Sth October, 2016*.—In exercise of the powers conferred by sub-section (1) of Section 13-A read with sub-section (3) and (7) of Section 6 of the Chhattisgarh Rent Control Act, 2011 (No. 19 of 2012) the State Government, hereby, makes the following rules relating to appointment and qualification of members of the Chhattisgarh Rent Control Tribunal, namely:—
1. Short title and commencement.—
(1) These rules may be called the Chhattisgarh Rent Control Tribunal (Appointment, Qualification and Term of Members) Rules, 2016.
(2) It shall come into force from the date of its publication in the Official Gazette.
2. Definitions.—
In these ruies, unless the context otherwise requires,—
(a) "Act" means the Chhattisgarh Rent Control Act, 2011 (No. 19 of 2012);
(b) "Rent Control Tribunal" means the Rent Control Tribunal established under sub-section (1) of Section 6 of the Act;
(c) "Member" means a member appointed by the State Government - in accordance with these rules and Act.
3. Qualification of members.—
(1) A person shall not be Qualified to be appointed as member unless he/she,—
(a) is a citizen of India;
(b) is retired or serving member of Higher Judicial Services;
Or
is retired or holding post not below the rank of Secretary in the Government of Chhattisgarh;
Or
is having bachelor degree in Law alongwith experience of atleast 7 years of practice.
(2) Person should not be more than 65 years of age.
(3) If after such inquiry as the State Government deems fit and the State Government is satisfied that he is not fit from all prospective for the said post, then in such situation shall be disqualified for appointment.
(4) The term of service of a member can be terminated by either of the party after serving one month s notice or after paying salary and allowances of one month in lieu of such notice.
(5) 1[***] (1. Omitted by Notification No. F 1-44/2014/32 dated 27-11-2020, w.e.f. 27-11-2020. Prior to omission sub-rule (5) stood as under:-
"(5) Prior consultation of High Court is mandatory before appointment of retired or serving officer of Higher Judicial Services on the post of member.".)
4.Term of member.—
Every person appointed as member of the Rent Control Tribunal shall hold office for a term of 3 years from the date of assuming the post or until he attains the age of 65, whichever is earlier.
5. Settlement of disputes.—
If any question arises as to the interpretation of these rules, the same shall be referred to the State Government, whose decision thereon shall be final.