Section 38A of Delhi Rent Control Act, 1958 - Additional Rent Control Tribunals

Section 38A provides the statutory framework for constituting Additional Rent Control Tribunals so that appeals and applications under Section 38 of the Delhi Rent Control Act, 1958 can be dealt with more expeditiously.

Current legal context: Section 38A was inserted by the Delhi Rent Control (Amendment) Act, 1984 with effect from 26 May 1984. A Delhi Government notification dated 20 January 2025, issued under Section 38A read with the relevant 1994 Central Government notification, designated the Courts of District Judge-01 and District Judge-02, Central District, Tis Hazari Courts, as Additional Rent Control Tribunals for appeals under Section 38 pertaining to Central District.

What Section 38A means

The purpose of Section 38A is administrative and appellate. It enables additional tribunals to share the work of the Rent Control Tribunal and gives the Tribunal power to distribute, transfer and withdraw specified appeals or proceedings. The provision should therefore be read together with Section 38, which governs appeals to the Rent Control Tribunal.

Under Section 38(1), an appeal from an order of the Controller lies to the Rent Control Tribunal only on a question of law, subject to the statutory exception concerning an order under Section 21. Section 38 also deals with the limitation period for an appeal, the Tribunal's civil court powers while hearing an appeal, transfer of proceedings and the qualification for appointment to the Tribunal.

Text of Section 38A - Additional Rent Control Tribunals

(1) For the expeditious disposal of appeals and applications under section 38, the Central Government may, by notification in the Official Gazette, constitute as many Additional Rent Control Tribunals as it deems fit and appoint to each such Additional Rent Control Tribunal (hereinafter referred to as the Additional Tribunal) one person qualified for appointment to the Tribunal in accordance with the provisions of sub-section (5) of that section.

(2) Notwithstanding anything contained in section 38, the Tribunal may, by order in writing,-

(a) specify the appeals or classes of appeals under sub-section (1) of that section which may be preferred to and disposed of by each Additional Tribunal and the classes of cases in which each Additional Tribunal may exercise the powers of the Tribunal under sub-section (4) of that section;

(b) transfer any appeal or proceeding pending before it for disposal to any Additional Tribunal; or

(c) withdraw any appeal or proceeding pending before any Additional Tribunal and dispose it of itself or transfer the appeal or proceeding for disposal to any other Additional Tribunal.

(3) The provisions of sub-sections (2) and (3) of section 38 shall apply in relation to an Additional Tribunal as they apply in relation to the Tribunal.

Key provisions explained

Constitution of Additional Tribunals: Additional Rent Control Tribunals may be constituted by notification for faster disposal of matters arising under Section 38.
Qualification: The person appointed to an Additional Tribunal must satisfy the qualification prescribed by Section 38(5), namely the judicial qualification required for appointment to the Rent Control Tribunal.
Allocation of appeals: The Tribunal may specify which appeals or classes of appeals may be filed before and decided by an Additional Tribunal.
Transfer and withdrawal: The Tribunal may transfer a pending appeal or proceeding to an Additional Tribunal, withdraw a matter from an Additional Tribunal, decide it itself, or transfer it to another Additional Tribunal.
Section 38 procedure: By virtue of Section 38A(3), the provisions concerning limitation for appeals and the Tribunal's powers under Section 38(2) and Section 38(3) also apply to an Additional Tribunal.

Relationship between Section 38 and Section 38A

Section 38 creates the appellate remedy and defines the powers and qualifications of the Rent Control Tribunal. Section 38A supplements that framework by permitting additional tribunals and by regulating distribution and transfer of appellate work. Section 38A does not create a separate substantive ground of appeal; the appeal continues to arise under Section 38.

Practical significance

For a litigant, the relevant forum may depend on the territorial district and the notifications or administrative allocation in force. The 20 January 2025 Delhi notification is an example of Section 38A being used to designate Additional Rent Control Tribunals for a particular judicial district. Parties should verify the current territorial and administrative allocation before filing an appeal.

Related provisions

Read Section 38A with Section 37 - Procedure to be followed by Controller, Section 38 - Appeal to the Tribunal, and Section 38B - Power of High Court to transfer appeals, etc.

This page is a general legal information resource. Court jurisdiction, notifications and procedural requirements should be checked for the facts and date of the particular matter.