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Delhi Rent Control Act - The Law
Articles
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DELHI RENT CONTROL ACT 1958
(59 of 1958)
[31st December, 1958]
PREAMBLE
An Act to provide for the control of rents and evictions and of rates of
hotels and lodging houses, and for the lease of vacant premises to
Government, in certain areas in the Union territory of Delhi.
Be it enacted by Parliament in the Ninth Year of the Republic of India as
follows:-
THE DELHI RENT CONTROL ACT, 1958
INTRODUCTION
Most of the persons living in urban areas are somehow directly or
indirectly affected by the law of rent control which is provincial in
nature and it differs from State to State, The law which was applicable to
Delhi was Delhi and Ajmer Rent Control Act, 1952 (38 of 1952). During the
course of its applicability many difficulties were being faced and it was
considered necessary to enact a comprehensive law for Delhi. In order to
achieve this objective the Delhi Rent Control Bill was introduced in the
Parliament.
Act 59 of 1958
The Delhi Rent Control Bill having been passed by both the Houses of
Parliament received the assent of the President on 31st December 1958. It
came into force on 9th February, 1959 as THE DELHI RENT CONTROL ACT, 1958
(59 of 1958).
List of Amending Acts
1. The Repealing and Amending Act, 1960 (58 of 1960).
2. The Delhi Rent Control (Amendment) Act, 1963 (4 of 1963).
3. The Delhi Rent Control (Amendment) Act, 1976 (18 of 1976).
4. The Delhi Rent Control (Amendment) Act, 1984 (37 of 1984).
5. The Delhi Rent Control (Amendment) Act, 1988 (57 of 1988).
1. Short title, extent and commencement . - (1) This Act may be called the
Delhi Rent Control Act, 1958.
(2) It extends to the areas included within the limits of the New Delhi
Municipal Committee and the Delhi Cantonment Board and to such urban areas
within the limits of the Municipal Corporation of Delhi as are specified
in the First Schedule:
Provided that the Central Government; may, by notification in the Official
Gazette, extend this Act or any provision thereof, to any other urban area
included within the limits of the Municipal Corporation of Delhi of
exclude any are from the operation of this Act or any provision thereof.
(3) It shall come into force on such date (Note: Came into force on
9-2-1959, vide S.O. 269, dated 31st January, 1959, published in the
Gazette of India, Pt. II, Sec.3 (ii), p.331) as the Central Government
may, by notification in the Official Gazette, appoint.
2. Definitions. - In this Act, unless the context otherwise requires-
(a) Basic rent", in relation to premises let out before the 2nd day of
June, 1944, means the basic rent of such premises as determined in
accordance with the provisions of the Second Schedule;
(b) "Controller" means a Controller appointed under sub-section (1) of
section 35 and includes an additional Controller appointed under
sub-section (2) of that section;
(c) "Fair rate" means the fair rate fixed under section 31 and includes
the rate as revised under section 32;
(d) "Hotel or lodging house" means a building or part of a building where
lodging with or without board or other services is provided for a monetary
consideration;
(e) "Landlord" means a person who, for the time being is receiving, or is
entitled to receive, the rent of any premises, whether on his own account
or on account of or on behalf of, or for the benefit of, any other person
or as a trustee, guardian or receiver for any other person or who would so
receive the rent to be entitled to receive the rent, if the premises were
let to a tenant;
(f) "Lawful increase" means an increase in rent permitted under the
provisions of this Act;
(g) "Manager of a hotel" includes any person in charge of the management
of the hotel;
(h) "Owner of a lodging house" means a person who receives or is entitled
to receive whether on this own account or on behalf of himself and others
or as an agent or a trustee for any other person, any monetary
consideration from any person on account of board, and lodging or other
services provided in the lodging house;
(i) "premises" means any building or part of a building which is, or is
intended to be, let separately for use as a residence or for commercial
use or for any other purpose, and includes.-
(i) the garden, grounds and outhouses, if any, appertaining to such
building or part of the building;
(ii) any furniture supplied by the landlord for use in such building or
par of the building;
but does not include a room in a hotel or lodging house;
(j) "prescribed" means prescribed by rules made under this Act;
(k) "standard rent", in relation to any premises, means the standard rent
referred to in section 6 or where the standard rent has been increased
under section 7, such increased rent;
[(l) (Note: Subs. by Act 18 of 1976, sec.2, for clause (1) (w.r.e.f.
1-12-1975)) "tenant" means any person by whom or on whose account or
behalf the rent of any premises is, or, but for a special contract, would
be, payable, and includes-
(i) a sub-tenant;
(ii) any person continuing in possession after the termination of his
tenancy; and
(iii) in the event of the death of the person continuing in possession
after the termination of his tenancy, subject to the order of succession
and to this clause, such of the aforesaid person’s-
(a) spouse,
(b) son or daughter, or, where there are both son and daughter, both of
them,
(c ) parents,
(d) daughter-in-law, being the widow of his pre-deceased son,
as had been ordinarily living in the premises with such person as a member
or members of his family up to the date of his death, but does not
include,-
any person against whom an order or decree for eviction has been made,
except where such decree or order for eviction is liable to be re-opened
under the proviso of section 3 of the Delhi Rent Control (Amendment) Act,
1976 (18 of 1976);
(B) any person to whom a licence, as defined by section 52 of the Indian
Easements Act, 1882 (5 of 1882), has been granted.
Explanation1.- The order of succession in the event of the death of the
person continuing in possession after the termination of his tenancy shall
be as follows:-
(a) firstly, his surviving spouse;
(b) secondly, his son or daughter, or both, if there is no surviving
spouse, or if the surviving spouse did not ordinarily live with the
deceased person as a member of his family up to the date of his death;
(c ) thirdly, his parents, if there is no surviving spouse, son or
daughter or any of them, did not ordinarily live in the premises as a
member of the family of the deceased person up to the date of his death;
and
(d) fourthly, his daughter-in-law, being the widow of his pre-deceased
son, if there is no surviving spouse, son, daughter or parents of the
deceased person, or if such surviving spouse, son, daughter or parents, or
any of them, did not ordinarily live in the premises as a member of the
family of the deceased person up to the date of his death.
Explanation II.- If the person, who acquires, by succession, the right to
continue in possession after the termination of the tenancy, was not
financially dependent on the deceased person on the date of his death,
such successor shall acquire such right for a limited period of one year;
and on the expiry of that period, or on his death, whichever is earlier,
the right of such successor to continue in possession after the
termination of the tenancy shall become extinguished.
Explanation III.-For the removal of doubts, it is hereby declared that, -
(a) where, by reason of Explanation II, the right of any successor to
continue in possession after the termination of the tenancy becomes
extinguished, such extinguished shall not affect the right of any other
succession of the same category to continue in possession after the
termination of the tenancy; but if there is no other successor of the same
category, the right to continue in possession after the termination of the
tenancy shall not, on such extinguishment, pass on to any other successor,
specified in any lower category or categories, as the case may be;
(b) the right of every successor, referred to in Explanation I, to
continue in possession after the termination of the tenancy, shall be
personal to him and shall not, on the death of such successor, develop on
any of his heirs];
(m). "urban area" has the same meaning as in the Delhi Municipal
Corporation Act, 1957 (66 of 1957).
3. Act not to apply to certain premises.- Nothing in this Act shall apply-
(a) To any premises belonging to the Government; (Note: The word "or"
omitted by Act 57 of 1988, sec.2 (w.e.f. 1-12-1988).
(b) To any tenancy or other like relationship created by a grant from the
Government in respect of the premises taken on lease, or requisitioned, by
the Government:
[(Note: Added by Act 4 of 1963, sec.2 (with retrospecive effect) Provided
that where any premises belonging to Government have been or are lawfully
let by any person by virtue of an agreement with the Government or
otherwise, then, notwithstanding any judgment, decree or order of any
court or other authority, the provisions of this Act shall apply to such
tenancy;]
[(c) (Note: Ins. by Act 37 of 1988, sec.2 (w.e.f. 1-12-1988) To any
premises, whether residential or not, whose monthly rent exceeds there
thousand and five hundred rupees; or
(d) To any premises constructed on or after the commencement of the Delhi
Rent Control (Amendment) Act, 1988, for a period of ten years from the
date of completion of such construction;]
CHAPTERII
4. Rent in excess of standard rent not recoverable. - (1) Except where
rent is liable to periodical increase by virtue of an agreement entered
into before the 1st day of January, 1939, no tenant shall, notwithstanding
any agreement to the contrary, be liable to pay to his landlord for the
occupation of any premises any amount in excess of the standard rent of
the premises, unless such amount is a lawful increase of the standard rent
in accordance with the provisions of this Act.
(2) Subject to the provision of sub-section (1) any agreement for the
payment of rent in excess of the standard rent shall be construed as if it
were an agreement for the payment of the standard rent only.
5. Unlawful changes not to be claimed or received. - (1) Subject to the
provisions of this Act, no person shall claim or receive any rent in
excess of the standard rent, notwithstanding any agreement to the
contrary.
(2) No person shall, in consideration of the grant, renewal or continuance
of a tenancy or sub-tenancy or sub-tenancy of any premises,-
(a) Claim or receive the payment of any sum as premium or pugree of claim
or receive any consideration whatsoever, in cash or in kind, in addition
to the rent; or
(b) Except with the previous permission of the Controller, claim or
receive the payment of any sum exceeding one month’s rent of such premises
as rent in advance.
(3) It shall not be lawful for the tenant or any other person acting or
purporting to act on behalf of the tenant or a sub-tenant to claim or
receive any payment in consideration of the relinquishment, transfer or
assignment of his tenancy or sub-tenancy, as the case may be, of any
premises.
(4) Nothing in this section shall apply-
(a) To any payment made in pursuance of an agreement entered into before
the 1st day of January, 1939; or
(b) To any payment made under an agreement by any person to a landlord for
the purpose of financing the construction of the whole or part of any
premises on the land belonging to taken on lease by, the landlord, if one
of the conditions of the agreement is that the landlord is to let to that
person the whole or part of the premises when completed for the use of
that person or any member of his family:
Provided that such payment does not exceed the amount of agreed rent for a
period of five years of the whole or part of the premises to be let to
such person.
Explanation. - For the purpose of clause (b) of this sub-section, "member
of the family" of a person means, in the case of an undivided Hindu
Family, any member of the family of that person and in the case of any
other family, the husband, wife, son, daughter , father, mother, brother,
sister or any other relative dependent on that person.
6. Standard rent. - (1) Subject to the provisions of sub-section (2),
"standard rent", in relation to any premises means-
(A) In the case of residential premises-
(1) Where such premises have been let out at any time before the 2nd day
of June,1944,-
(a) If the basic rent of such premises per annum does not exceed six
hundred rupees, the basic rent; or
(b) If the basic rent of such premises per annum exceeds six hundred
rupees, the basic rent together with ten per cent, of such basic rent;
(2) Where such premises have been let out at any time on or after the 2nd
day of June, 1994,-
(a) In any case where the rent of such premises has been fixed under the
Delhi and Ajmer- Mewar Rent Control Act, 1947 (19 of 1947), or the Delhi
and Ajmer Rent Control Act, 1952 (37 of 1952),-
(i) If such rent per annum does not exceed twelve hundred rupees, the rent
so fixed; or
(ii) If such rent per annum exceeds twelve hundred rupees, rent so fixed
together with ten per cent. of such rent;
(b) In any other case, the rent calculated on the basis of [(Note: Subs.
by Act 57 of 1988, sec.3, for "seven and one-half per cent." (w.e.f.
1-12-1988) ten per cent]. per annum of the aggregate amount of the [(Note:
Subs. by Act 57 of 1988, sec.3, for "reasonable" (w.e.f. 1-12-1988)
actual] cost of construction and the market price of the land comprised in
the premises on the date of the commencement of the construction :
(Note: Proviso omitted by Act 57 of 1988, sec.3 (w.e.f. 1-12-1988)
(B) In the case of premises other than residential premises-
(1) Where the premises have been let out at any time before the 2nd day of
June, 1944, the basic rent of such premises together with ten per cent. of
such basic rent:
Provided that where the rent so calculated exceeds twelve hundred rupees
per annum, this clause shall have effect as if for the words "ten per
cent.", the words "fifteen per cent." had been substituted;
(2) Where the premises have been let out at any time on or after the 2nd
day of June, 1944,-
(a) In any case where the rent of such premises has been fixed under the
Delhi and Ajmer-Merwara Rent Control Act, 1947 (19 of 1947) or the Delhi
and Ajmer Rent Control Act, 1952 (38 of 1952),-
(i) If such rent per annum does not exceed twelve hundred rupees, the rent
so fixed; or
(ii) If such rent per annum exceeds twelve hundred rupees, the rent so
fixed together with fifteen per cent. of such rent;
(b) In any other case, the rent calculated on the basis of [(Note: Subs.
by Act 57 of 1988, sec.3, for "seven and one-half per cent" (w.e.f.
1-12-1988) ten per cent] per annum of the aggregate amount of the [(Note:
Subs. by Act 57 of 1988, sec.3, for "reasonable" (w.e.f. 1-12-1988)
actual] cost of construction and the market price of the land comprised in
the premises on the date of the commencement of the construction:
(Note: Proviso omitted by Act 57 of 1988, sec.3 (w.e.f. 1-12-1988)
(2) Notwithstanding anything contained in sub-section (1),-
(a) In the case of any premises, whether residential or not, constructed
on or after the 2nd day of June, 1951, but before the 9th day of June,
1955, the annual rent calculated with reference to the rent at which the
premises were let for the month of March, 1958, or if they were not so
let, with reference, to the rent at which they were last let out, shall be
deemed to be standard rent for a period of seven years from the date of
the completion of the construction of such premises; (Note: The word "and"
omitted by Act 57 of 1988, sec.3 (w.e.f. 1-12-1988)
(b) In the case of any premises, whether residential or no, constructed on
or after the 9th day of June, 1955, including premises constructed after
the commencement of this Act [(Note: Ins. by Act 57 of 1988, sec.3 (w.e.f.
1-12-1988) but before the commencement of the Delhi Rent Control
(Amendment) Act, 1988], the annual rent calculated with reference to the
rent agreed upon between the landlord and the tenant when such premises
were first let out shall be deemed to be the standard rent for a period of
five years from the date of such letting out.
[(c) (Note: Ins. by Act 57 of 1988, sec.3 (w.e.f. 1-12-1988) In the case
of any premises, whether residential or not, constructed on or after the
commencement of the Delhi Rent Control (Amendment) Act, 1988 and to which
the provisions of this Act are made applicable by virtue of clauses (d) of
section 3, the rent calculated on the basis of ten per cent, per annum of
the aggregate amount of the actual cost of construction of the premises
and the market price of the land comprised in the premises on the date of
commencement of the construction, of the premises shall be deemed to be
the standard rent]
(3) For the purpose of this section, residential premises include premises
let out for the purpose of a public hospital, an educational institution,
a public library, reading room or an orphange.
[6A. (Note: Ins. by Act 57 of 1988, sec.4 (w.e.f. 1-12-1988) Revision of
rent. - Notwithstanding anything contained in this Act, the standard rent,
or, where no standard rent is fixed under the provisions of this Act in
respect of any premises, the rent agreed upon between the landlord and the
tenant, may be increased by ten per cent. every three years.]
7. Lawful increase of standard rent in certain cases and recovery of other
charges. - (1) Where a landlord has at any time, before the commencement
of this Act with or without the approval of the tenant or after the
commencement of this Act with the written approval of the tenant or of the
Controller, incurred expenditure for any improvement, addition or
structural alteration in the premises, not being expenditure on decoration
or tenantable repairs necessary or usual for such premises, and the cost
of the improvement, addition or alteration has not been taken into account
in determining the rent of the premises, the landlord may lawfully
increase the standard rent per year by an amount not exceeding [(Subs. by
Act 57 of 1988, sec.3, for "seven and one-half per cent." (w.e.f.
1-12-1988) ten per cent.] of such cost.
(2) Where a landlord pays in respect of the premises any charge for
electricity or water consumed in the premises or any other charge levied
by a local authority having jurisdiction in the area which is ordinarily
payable by the tenant, he may recover from the tenant the amount so paid
by him; but the landlord shall not recover from the tenant whether by
means of an increase in rent or otherwise the amount of any tax on
building or land imposed in respect of the premises occupied by the
tenant:
Provided that nothing in this sub-section shall affect the liability of
any tenant under an agreement entered into before the 1st of January 1952,
whether express or implied, to pay from time to time the amount of any
such tax as aforesaid.
8. Notice of increase of rent. - (1) Where a landlord wishes to increase
the rent of any premises, he shall give the tenant notice of his intention
to make the increase and in so far as such increase is lawful under this
Act, it shall be due and recoverable only in respect of the period of the
tenancy after the expiry of thirty days from the date on which the notice
is given.
(2) Every notice under sub-section (1) shall be in writing signed by or on
behalf of the landlord and given in the manner provided in section 106 of
the Transfer of Property Act, 1982 (4 of 1882).
9. Controller to fix standard rent, etc. - (1) The Controller shall, on an
application made to him in this behalf, either by the landlord or by the
tenant, in the prescribed manner, fix in respect of any premises-
(i) The standard rent referred to in section 6; or
(ii) The increase, if any, referred to in section7.
(2) In fixing the standard rent of any premises of the lawful increase
thereof, the Controller shall fix an amount which appears to him to be
reasonable having regard to the provisions of section 6 or section 7 and
the circumstances of the case:
[(Note: Ins. by Act 57 of 1988, sec.6 (w.e.f. 1-12-1988) Provided that in
working out the cost of construction of any premises or the market price
of the land comprised in such premises for the purpose of section 6, or
the cost of improvement, addition or alteration referred to in section 7,
the Controller may take the assistance of any valuer approved by the
Central Government in accordance with such rules as may be prescribed and
the assessment shall be made by such valuer in the manner prescribed.]
(3) In fixing the standard rent of any premises part of which has been
lawfully sub-let, the Controller may also fix the standard rent of the
part sub-let.
(4) Where for any reason it is not possible to determine the standard rent
of any premises on the principles set forth under section 6, the
Controller may fix such rent as would be reasonable having regard to the
situation, locality and condition of the premises and the amenities
provided therein and where there are similar or nearly similar premises in
the locality, having regard also to the standard rent payable in respect
of such premises.
(5) The standard rent shall in all cases be fixed for a tenancy of twelve
months:
Provided that where any premises are let or re-let for a period of less
than twelve months, the standard rent for such tenancy shall bear the same
proportion to the annual standard rent as the period of tenancy bears to
twelve months.
(6) In fixing the standard rent of any premises under this section, the
Controller shall fix the standard rent thereof in an unfurnished state and
may also determine an additional charge to be payable on account of any
fittings or furniture supplied by the landlord and it shall be lawful for
the landlord to recover such additional charge from the tenant.
(7) In fixing the standard rent of any premises under this section, the
Controller shall specify a date from which the standard rent so fixed
shall be deemed to have effect:
Provided that in no case the date so specified shall be earlier than one
year prior of the date of the filing of the application for the fixation
of the standard rent.
10. Fixation of interim rent. - If an application for fixing the standard
rent or for determining the lawful increase of such rent is made under
section 9, the Controller shall, as expeditiously as possible, make an
order specifying the amount of the rent or the lawful increase to be paid
by the tenant to the landlord pending final decision on the application
and shall appoint the date from which the rent or lawful increase so
specified shall be deemed to have effect.
11. Limitation of liability of middlemen. - No collector of rent or
middleman shall be liable to pay to his principal, in respect of any
premises, any sum by way of rental charges which exceeds, the amount which
he is entitled under this Act to realise from the tenant or tenants of the
premises.
12. Limitation for application for fixation of standard rent. - Any
landlord or tenant may file an application to the Controller for fixing
the standard rent of the premises or for determining the lawful increase
of such rent,-
(a) In the case of any premises which were let , or in which the cause of
action for lawful increase of rent arose, before the commencement of this
Act, within two years from such commencement;
(b) In the case of any premises let after the commencement of this Act
[but before the commencement of the Delhi Rent Control (Amendment) Act,
1988],-
(i) Where the application is made by the landlord, within two years from
the date on which the premises were let to the tenant against whom the
application is made;
(ii) Where the application is made by the tenant, within two years from
the date on which the premises were let to that tenant; [(Note: Clause (d)
has been inserted by Act 57 of 1988, sec.7. As a result of this insertion
the word "and" of the end of sub-clause (ii) of clause (b) ought to have
been omitted and added at the end of clause (c), which has not been done
by Act 57 of 1988. The irregularity has set right. (Ed.))and]
(c) In the case of any premises in which the cause of action of lawful
increase of rent arises after the commencement of this Act, within two
years from the date on which the cause of action arises, [(Note: Clause
(d) has been inserted by Act 57 of 1988, sec.7. As a result of this
insertion the word "and" of the end of sub-clause (ii) of clause (b) ought
to have been omitted and added at the end of clause (c), which has not
been done by Act 57 of 1988. The irregularity has set right. (Ed.)) and]
[(d) (Note: Ins. by Act 57 of 1988, sec.7 (w.e.f. 1-12-1988) In the case
of any premises referred to in clause © of sub-section (2) of section 6,
within two years from the date of such application;]
Provided that the Controller may entertain the application after the
expiry of the said period of two years, if he is satisfied that the
applicant was prevented by sufficient cause from filing the application in
time.
13. Refund of rent, premium, etc., not recoverable under the Act. - Where
any sum or other consideration has been paid , whether before or after the
commencement of this Act, by or on behalf of a tenant to a landlord , in
contravention of any of the provisions of this Act or of the Delhi and
Ajmer Rent Control Act, 1952 (38 of 1952), the Controller may, on an
application made to him within a period of one year from the date of such
payment, order the landlord to refund such sum or the value of such
consideration to the tenant or order adjustment of such sum or the value
of such consideration against the rent payable by the tenant.
CHAPTERIII
14. Protection of tenant against eviction. - (1) Notwithstanding anything
to the contrary contained in any other law or contract, no order or decree
for the recovery of possession of any premises shall be made by and court
or Controller in favour of the landlord against a tenat:
Provided that the Controller may, on an application made to him in the
prescribed manner, make an order for the recovery of possession of the
premises on one or more of the following grounds only, namely:-
(a) That the tenant has neither paid nor tendered the whole of the arrears
of the rent legally recoverable from him within two months of the date on
which a landlord in the manner provided in section 106 of the Transfers of
Property Act, 1882 (4 of 1882);
(b) That the tenant has, on or after the 9th day of June, 1952, sublet,
assigned or otherwise without obtaining the consent in writing of the
landlord;
(c) That the tenant has used the premises for purpose other than that for
which they were let-
(i) If the premises have been let on or after the 9th day of June, 1952,
without obtaining the consent in writing of the landlord; or
(ii) If the premises have been let before the said date without obtaining
his consent;
(d) That the premises were let for use as a residence and neither the
tenant nor any member of his family has been residing therein for a period
of six months immediately before the date of the filing of the application
for the recovery of possession thereof;
(e) That the premises let for residential purpose are required bona fide
by the landlord for occupation as a residence for himself or for any
member of his family dependent on him, if he is the owner thereof , or for
any person for whose benefit the premises are held and the landlord or
such person has no other reasonably suitable residential accommodation;
Explanation.- For the purpose of this clause, "premises let for
residential purpose" include any premises which having been let for use as
a residence are, without the consent of the landlord, used incidentally
for commercial or other purposes;
(f) That the premises have become unsafe or unfit for human habitation and
are required bona fide by the landlord for carrying out repairs which
cannot be carried out without the premises being vacated;
(g) That the premises are required bona fide by the landlord for the
purpose building or re-building or making thereto any substantial
additions or alterations and that such building or re-building or addition
or alteration cannot be carried out without the premises being vacated;
(h) That the tenant has, whether before or after the commencement of this
Act, (Note: The word "built" omitted by Act 57 of 1988, sec.8 (w.e.f.
1-12-1988)) acquired vacant possession of, or been allotted, a residence;
[(hh) (Note: Ins. by Act 57 of 1988, sec.8 (w.e.f. 1-12-1988)) That the
tenant has, after the commencement of the Delhi Rent Control (Amendment)
Act, 1988, built a residence and ten years have elapsed there-after;]
(i) That the premises were let to the tenant for use as a residence by
reason of his being in the service or employment of the landlord, and that
the tenant has ceased, whether before or after the commencement of this
Act, to be in such service or employment;
(j) That the tenant has, whether before or after the commencement of this
Act, caused or permitted to be caused substantial damage to the premises;
(k) That the tenant has, notwithstanding previous notice, used or dealt
with the premises in a manner contrary to any condition imposed on the
landlord by the Government or the Delhi Development Authority or the
Municipal Corporation of Delhi while giving him a lease of the land on
which the premises are situate;
(i) That the landlord requires the premises in order to carry out any
building work at the instance of the Government or the Delhi Development
Authority or the Municipal Corporation of Delhi in pursuance of any
improvement scheme or development scheme and that such building work
cannot be carried out without the premises being vacated.
(2) No order for the recovery of possession of any premises shall be made
on the ground specified in clause (a) of the proviso to sub-section (1) if
the tenant makes payment or deposit as required by section 15:
Provided that no tenant shall be entitled to the benefit under this
sub-section, if, having obtained such benefit once in respect of any
premises, he again makes a default in the payment of rent of those
premises for three consecutive months.
(3) No order for the recovery of possession in any proceeding under
sub-section (1) shall be binding on any sub-tenant referred to in section
17 who has given notice of his sub-tenancy to the landlord under the
provisions of that section, unless the sub-tenant is made a party to the
proceeding and the order for eviction is made binding on him.
(4) For the purpose of clause (b) of the proviso to sub-section (1), any
premises which have been let for being used for the purpose of business or
profession shall be deemed to have been sub-let by the tenant, if the
Controller is satisfied that the tenant without obtaining the consent in
writing of the landlord has, after the 16th day of August, 1958, allowed
any person is a partner of the tenant in the business or profession but
really for the purpose of sub-letting such premises to the person.
(5) No application for the recovery of possession of any premises shall
lie under sub-section (1) on the ground specified in clause (c ) of the
proviso thereto, unless the landlord has given to the tenant a notice in
the prescribed manner requiring him to stop the misuse of the premises and
the tenant has refused or failed to comply with such requirement within
one month of the date of service of the notice; and no order for eviction
against the tenant shall be made in such a case, unless the Controller is
satisfied that the misuse of the premises is of such a nature that it is a
public nuisance or that it causes damage to the premises or is otherwise
detrimental to the interest of the landlord.
(6) Where a landlord has acquired any premises by transfer, no application
for the recovery of possession of such premises shall lie under
sub-section (1), on the ground specified in clause (e ) of the proviso
thereto, unless a period of five years have elapsed from the date of the
acquisition.
(7) Where an order for the recovery of possession of any premises is made
on the ground specified in clause(c ) of the proviso to sub-section (1),
the landlord shall not be entitled to obtain possession thereof before the
expiration of a period of six months from the date of the order.
(8) No order for the recovery or possession of any premises shall be made
on the ground specified in clause (g) of the proviso to sub-section (1),
unless the Controller is satisfied that the proposed reconstruction will
not radically after the purpose for which the premises were let or such
ramidically alteration is in the public interest, and that the plans and
estimates of such reconstruction have been properly prepared and that
necessary fund for the purpose are available with the landlord.
(9) No order for the recovery of possession of any premises shall be made
on the ground specified in clause (I) of the proviso to sub-section (1),
if the Controller is of opinion that there is any bona fide dispute as to
whether the tenant has ceased to be in the service or employment of the
landlord.
(10) No order for the recovery of possession of any premises shall be made
on the ground specified in clause ,(i) of the proviso to sub-second (1) if
the tenant, within such time as may be specified in this behalf by the
Controller, carries out repairs to the damage caused to the satisfaction
of the Controller or pays to the landlord such amount by way of
compensation as the Controller may direct .
(11) No order for the recovery of possession of any premises shall be made
on the ground specified in clause(k) of the proviso of sub-section (1), if
the tenant, within such time as may be specified in this behalf by the
Controller, complies with the condition imposed on the landlord by any of
the authorities referred to in that clause or pays to that authority such
amount by way of compensation as the Controller may direct.
[14A. Right to recover immediate possession of premises to accrue to
certain persons. - (1) Where a landlord who, being a person in occupation
of any residential premises allotted to him by the Central Government or
any local authority is required, by, or in pursuance of, any general or
special order made by that Government or authority, to vacate such
residential accommodation, or in default, to incur certain obligations, on
the ground that he owns, in the Union territory of Delhi, a residential
accommodation either in his own name or in the name of his wife or
dependent child, there shall accrue, on and from the date of such order,
to such landlord, notwithstanding anything contained elsewhere in this Act
or in any other law for the time being in force or in any contract
(whether express or implied), custom or usage to the contrary, a right to
recover immediately possession of any premises let out by him:
Provided that nothing in this section shall be construed as conferring a
right on a landlord owning, in the Union territory of Delhi, two or more
dwelling houses whether in his own name or in the name of his wife or
dependent child to recover the possession of more than one dwelling house
and it shall be lawful for such landlord to indicate the dwelling house,
possession of which hi intends to recover.
(2) Notwithstanding anything contained elsewhere in this Act or in any
there law for the time being in force or in any contract, custom or usage
to the contrary, where the landlord exercises the right of recovery
conferred on him by sub-section (1), no compensation shall be payable by
him to the tenant or any person claiming through or under him and no claim
for such compensation shall be entertained by any court, tribunal or other
authority:
Provided that where the landlord had received,-
(a) any rent in advance from the tenant, he shall, within a period of
ninety days from the date of recovery of possession of the premises by
him, refund to the tenant such amount as represents the rent payable for
the unexpired portion of the contract, agreement or lease;
(b) any other payment, he shall, within the period aforesaid, refund to
the tenant a sum which shall bear the same proportion to the total amount
received as the unexpired portion of the contract or agreement, or lease
bears to the total period of contract or agreement or lease:
Provided further that, if any default is made in making any refund as
aforesaid, the landlord shall be liable to pay simple interest at the rate
of six per cent. per annum on the amount which he has omitted or failed to
refund]
[14B. Right to recover immediate possession of premises to accrue to
members of the armed forces, etc. - (1) Where the landlord-
(a) is a released or retired person from any armed forces and the premises
let out by him are required for his own residence; or
(b) is a dependent of a member of any armed forces who had been killed in
action and the premises let out by such member are required for the
residence of the family of such member,
such person or, as the case may be, the dependant may, within one year
from the date of his release or retirement from such armed forces or, as
the case may be, the date of death of such member, or within a period of
one year from the date of commencement of the Delhi Rent Control
(Amendment) Act, 1988, whichever is later, apply to the Controller for
recovering the immediate possession of such premises.
(2) Where the landlord is a member of any of the armed forces and has a
period of less than one year preceding the date of his retirement and the
premises let out by him are required for his own residence after his
retirement, he may, at any time, within a period of one year before the
date of his retirement, apply to the Controller for recovering the
immediate possession of such premises.
(3) Where the landlord referred to in sub-section (1) or sub-section (2)
has let out more than one premises, it shall be open to him to make an
application under that sub-section in respect of only one of the premises
chosen by him.
Explanation.-For the purpose of this section, "armed forces" means an
armed force of the Union constituted under an Act of Parliament and
includes a member of the police force constituted under section 3 of the
Delhi Police Act, 1978 (34 of 1978).]
[14.C. Right to recover immediate possession of premises to accrue to
Central Government and Delhi Administration employees. - (1) Where the
landlord is a retired employee of the Central Government or of the Delhi
Administration, and the premises let out by him are required for his own
residence, such employee may, within one year from the date of his
retirement or within a period of one year from the date of commencement of
the Delhi Rent Control (Amendment) Act, 1988, whichever is later apply to
the Controller for recovering the immediate possession of such premises.
(2) Where the landlord is an employee of the Central Government or of the
Delhi Administration and has a period of less than one year preceding the
date of his retirement and the premises let out by him are required by him
for his own residence after his retirement, he may, at any time within a
period of one year before the date of his retirement, apply to the
Controller for recovering the immediate possession of such premises.
(3) Where the landlord referred to in sub-section (1) or sub-section (2)
has let out more than one premises, it shall be open to him to make an
application under that sub-section in respect of only one of the premises
chosen by him.]
[14D. Right to recover immediate possession of premises to accrue to a
widow. - (1) Where the landlord is a widow and the premises let out by
her, or by her husband, are required by her for her own residence, she may
apply to the Controller for recovering the immediate possession of such
premises.
(2) where the landlord referred to in sub-section (1) has let out more
than one premises, it shall be open to her to make an application under
that sub-section in respect of any one of the premises chosen by her.]
15. When a tenant can get the benefit of protection against eviction. -
(1) In every proceeding of the recovery of possession of any premises on
the ground specified in clause (a) of the proviso to sub-section (1) of
section 14, the Controller shall, after giving the parties an opportunity
of being heard, make an order directing the tenant to pay to the landlord
or deposit with the Controller within one month of the date of the order,
an amount calculated at the rate of rent at which it was last paid for the
period for which the arrears of the rent were legally recoverable from the
tenant including the period subsequent thereto up to the end of the month
previous to that in which payment or deposit is made and to continue to
pay or deposit, month by month, by the fifteen of each succeeding month, a
sum equivalent to the rent at that rate.
(2) If, in any proceeding for the recovery of possession of any premises
on any ground other than that referred to in sub-section (1), the tenant
contest the claim for eviction, the landlord may, at any state of the
proceeding, make an application to the Controller for an order on the
tenant to pay to the landlord the amount of rent legally recoverable from
the tenant and the Controller may, after giving the parties an opportunity
of being heard, make an order in accordance with the provisions of the
said sub-section.
(3) If, in any proceeding referred to in sub-section (1) or sub-section
(2), there is any dispute as to the person or persons to whom the rent is
payable, the Controller may direct the tenant to deposit with the
Controller the amount payable by him under sub-section (1) or sub-section
(2), as the case may be until the standard rent in relation thereto is
fixed having regard to the provisions of this Act, and the amount of
arrears if any, calculated on the basis of the standard rent shall be paid
or deposited by the tenant within one month of the date on which the
standard rent is fixed or such further time as the Controller may allow in
this behalf.
(4) If, in any proceeding referred to in sub-section (1) or sub-section
(2), there is any dispute as to the person or persons to whom the rent is
payable, the Controller may direct the tenant to deposit with the
Controller the amount payable by him under sub-section (1) or sub-section
(2) or sub-section (3), as the case may be, and in such a case no person
shall be entitled to withdraw the amount in deposit until the Controller
decides the dispute and makes an order for payment of the same.
(5) If the Controller is satisfied that any dispute referred to in
sub-section (4) has been raised by a tenant for reasons which are false or
frivolous, the Controller may order the defense against eviction to be
struck out and proceed with the hearing of the application.
(6) If a tenant makes payment or deposit as required by sub-section (1) or
sub-section (3), no order shall be made for the recovery of possession on
the ground of default in the payment of rent by the tenant, but the
Controller may allow such costs as he may deem fit to the landlord.
(7) If a tenant fails to make payment or deposit as required by this
section, the Controller may order the defence against eviction to be
struck out an proceed with the hearing of the application.
16. Restrictions on sub-letting. - (1) Where at any time before the 9th
day of June, 1952, a tenant has sub-let the whole or any part of the
premises and the sub-tenant is, at the commencement of this Act, in
occupation of such premises, then notwithstanding that the consent of the
landlord was not obtained for such sub-letting, the premises shall be
deemed to have been lawfully sub-let.
(2) No premises which have been sub-let either in whole or in part on or
after the 9th day of June, 1952,without obtaining the consent in writing
of the landlord, shall be deemed to have been lawfully sub-let.
(3) After the commencement of this Act, no tenant shall, without the
previous consent in writing of the landlord,-
(a) Sub-let the whole or any part of the premises held by him as a tenant;
or
(b) transfer or assign his rights in the tenancy or in any part thereof.
(4) No landlord shall claim or receive the payment of any sum as premium
or pugree or claim or receive any consideration whatsoever in cash or in
kind for giving his consent to the sub-letting of the whole or any part of
the premises held be the tenant.
17. Notice of creation and termination of sub-tenancy. - (1) Whoever,
after the commencement of this Act, any premises are sub-let either in
whole or in part by the tenant with the previous consent in writing of the
landlord, the tenant or the sub-tenant to whom the promises are sub-let
may, in the prescribed manner, give notice to the landlord of the creation
of the sub-tenancy within one month of the date of such sub-letting and
notify the termination of such sub-tenancy within one month of such
termination.
(2) Where, before the commencement of this Act, any premises have been
lawfully sub-let either in whole or in part by the tenant, the tenant or
the sub-tenant to whom the premises have been sub-let may, in the
prescribed manner, give notice to the landlord of the creation of the
sub-tenancy within six months of the commencement of this Act, and notify
the termination of such sub-tenancy within one month of such termination.
(3) Where in any case mentioned in sub-section (2), the landlord contests
that the premises were not lawfully sub-let, and an application is made to
the Controller in this behalf, either by the landlord or by the
sub-tenant, within two months of the date of the receipt of the notice of
sub-letting by the landlord or the issue of this notice by the tenant or
the sub-tenant, as the case may be, the Controller shall decide the
dispute.
18. Sub-tenant to be tenant in certain cases. - (1) Where an order for
eviction in respect of any premises is made under section 14 against a
tenant but not against a sub-tenant referred to in section 17 and a notice
of the sub-tenancy has been given to the landlord, the sub-tenant shall,
with effect from the date of the order, be deemed to become a tenant
holding directly under the landlord in respect of the premises in his
occupation on the same terms and conditions on which the tenant would have
held from the landlord, if the tenancy had continued.
(2) Where, before the commencement of this Act, the interest of a tenant
in respect of any premises has been determined without determining the
interest of any sub-tenant to whom the premises has been determined
without determining the interest of any sub-tenant to whom the premises
either in whole or in part had been lawfully sub-let, the sub-tenant
shall, with effect from the date of the commencement of this Act, be
deemed to have become a tenant holding directly under the landlord on the
same terms and conditions on which the tenant would have held from the
landlord , if the tenancy had continued.
19. Recovery of possession for occupation and re-entry. - (1) Where a
landlord recovers possession of any premises from the tenant in pursuance
of an order made under clause (c) of the proviso to sub-section (1) of
section 14 [or under sections 14A, 14B, 14C, 148 and 21], the landlord
shall not, except with the permission of the Controller, obtained in the
prescribed manner, re-let the whole or any part of the premises within
three years from the date of obtaining such possession, and in granting
such permission, the Controller may direct the landlord to put such
evicted tenant in possession of the premises.
(2) Where a landlord recovers possession of any premises as aforesaid and
the premises are not occupied by the landlord or by the person for whose
benefit the premises are held, within two months of obtaining such
possession, or the premises having been so occupied are, at any time
within three years from the date of obtaining possession, re-let to any
person other than the evicted tenant without obtaining the permission of
the Controller under sub-section (1) or the possession of such premises is
transferred to another person for reasons which do not appear to the
Controller to be bona fide, the Controller may, on an application made on
him in this behalf by such evicted tenant within such time as may be
prescribed, direct the landlord to put the tenant in possession of the
premises or to pay him such compensation as the Controller thinks fit.
20. Recovery of possession for repairs and re-building and re-entry. - (1)
In making any order on the grounds specified in clause (f) or clause (g)
of the proviso to sub-section (1) of section 14, the Controller shall
ascertain from the tenant whether he elects to be placed in occupation of
the premises or part thereof from which he is to be evicted and if the
tenant so elects, shall record the fact of the election in the order and
specify therein the date on or before which he shall deliver possession so
as to enable the landlord to commence the work of repairs or building or
re-building, as the case may be.
(2) If the tenant delivers possession on or before the date specified in
the order, the landlord shall, on the completion of the work of repairs of
building or re-building, place the tenant in occupation of the premises or
part thereof.
(3) If, after the tenant has delivered possession on or before the date
specified in the order, the landlord fails to commence the work of repairs
or building or re-building within one month of the specified date or fails
to complete the work in a reasonable time or having complete the work,
fails to place the tenant in occupation of the premises in accordance with
sub-section (2), the Controller may, on an application made to him in this
behalf by the tenant within such time as may be prescribed, order the
landlord to place the tenant in occupation of the premises or part thereof
or to pay to the tenant such compensation as the Controller thinks fit.
21. Recovery of possession in case of tenancies for limited period.- (1)
Where a landlord does not require the whole or any part of any premises
for a particular period, and the landlord, after obtaining the permission
of the Controller in the prescribed manner, lets the whole of the premises
or part thereof as a residence for such period as may be agreed to in
writing between the landlord and the tenant and the tenant does not on the
expiry of the said period, vacate such premises then, notwithstanding
anything contained in section 14 or in any other law, the Controller may,
on an application made to him in this behalf by the landlord within such
time as may be prescribed, place the landlord in vacant possession of the
premises or part thereof by evicting the tenant and every other person who
may be in occupation of such premises.
[(2) While making an order under sub-section (1), the Controller may award
to the landlord such damages for the use or occupation of the premises at
such damages for the use or occupation of the premises at such rates he
considers proper in the circumstances of the case for the period from the
date of such order till the date of actual vacation by the tenant.]
22. Special provision for recovery of possession in certain cases. - Where
the landlord in respect of any premises is any company or other body
corporate or any local authority or any public institution and the
premises are required for the use of employees of such landlord or in the
case of a public institution, for the furtherance activities, then,
notwithstanding anything contained in section 14 or any other law, the
Controller may, on an application made to him in his behalf by such
landlord, place the landlord in vacant possession of such premises by
evicting the tenant and every other person who may be in occupation
thereof, if the Controller is satisfied-
(a) that the tenant to whom such premises were let for use as a residence
at a time when he was in the service or employment of the landlord, has
ceased to be in such service or employment; or
(b) that the tenant has acted in contravention of the terms, express or
implied, under which he was authorised to occupy such premises; or
(c ) that any other person is in unauthorised occupation of such premises;
or
(d) that the premises are required bona fide by the public institution for
the furtherance of its activities.
Explanation.- For the purposes of this section, "public institution"
includes any educational institution, library, hospital and charitable
dispensary [but does not include any such institution set up by any
private trust]
23. Permission to construct additional structures. - Where the landlord
proposes to make any improvement in, or construct any additional structure
on, any building which has been let to a tenant and the tenant refuses to
allow the landlord to make such improvement or construct such additional
structure and the Controller, on an application made to him in this behalf
by the landlord, is satisfied that the landlord is ready and willing to
commence the work and that such work will not cause any undue hardship to
the tenant, the Controller may permit the landlord to do such work and may
make such other order as he thinks fit in the circumstances of the case.
24. Special provision regarding vacant building sites. - Notwithstanding
anything contained in section 14, where any premises which have been let
comprise vacant land upon which it is permissible under the building
regulations or municipal bye-laws, for the time being in force, to erect
any building , whether for use as a residence or for any other purpose and
the landlord proposing to erect such building is unable to obtain
possession of the land from the tenant by agreement with him and the
Controller, on an application made to him in this behalf by the landlord,
is satisfied that the landlord is ready and willing to commence the work
and that severance of the vacant land from the rest of the premises will
not cause undue hardship to the tenant, the Controller may-
(a) Direct severance;
(b) Place the landlord in possession of the vacant land;
(c) Determine the rent payable by the tenant in respect of the rest of the
premises; and
(d) Make such other order as he thinks fit in the circumstances of the
case.
25. Vacant possession to landlord - Notwithstanding anything contained in
any other law, where the interest of a tenant in any premises is
determined for any reason whatsoever and any order is made by the
Controller under this Act for the recovery of possession of such premises
the order shall, subject to the provisions of section 18, be binding on
all persons who may be in occupation of the premises and vacant possession
thereof shall be given to the landlord by evicting all such person
therefrom:
Provided that nothing in this section shall apply to any person who has an
independent title to such premises.
CHAPTER III A
25A.- Provisions of this Chapter to have overriding effect.-The provisions
of this Chapter or any rule made thereunder shall have effect
notwithstanding anything inconsistent therewith contained elsewhere in
this Act or in any other law for the time being in force.
25.B Special procedure for the disposal of applications for eviction on
the ground of bona fide requirement. - (1) Every application by a landlord
for the recovery of possession of any premises on the ground specified in
clause (e) of the proviso to sub-section (1) of section 14, or under
section 14A [or under section 14B or under section 14C or under section
14D] shall be dealt with in accordance with the procedure specified in
this section.
(2) The Controller shall issue summons, in relation to every application
referred to in sub-section (1), in the form specified in the Third
Schedule.
(3) (a) The Controller shall, in addition to, and simultaneously with, the
issue of summons for service on the tenant, also direct the summons to be
served by registered post, acknowledgement due, addressed to the tenant or
his agent empowered to accept the service at the place where the tenant or
his agent actually and voluntarily resides or carries on business or
personally works for gain and may ,if the circumstances of the case so
require, also direct the publication of the summons in a newspaper
circulating in the locality in which the tenant is last known to have
resided or carried on business or personally worked for gain .
(b) When an acknowledgement purporting to be signed by the tenant or his
agent is received by the Controller or the registered article containing
the summons is received back with an endorsement purporting to have been
made by a postal employee to the effect that the tenant or his agent had
refused to take delivery of the registered article, the Controller may
declare that there has been a valid service of summons.
(4) The tenant on whom the summons is duly served (whether in the ordinary
way or by registered post) in the form specified in the Third Schedule
shall not contest the prayer for eviction from the premises unless he
files and affidavit stating the grounds on which he seeks to contest the
application for eviction and obtains leave from the Controller as
hereinafter provided; and in default of his appearance in pursuance of the
summons or his obtaining such leave, the statement made by the landlord in
the application for eviction shall be deemed to be admitted by the tenant
and the applicant shall be entitled to an order for eviction on the ground
aforesaid.
(5) The Controller shall give to the tenant leave to contest the
application if the affidavit filed by the tenant discloses such facts as
would disentitle the landlord from obtaining an order for the recovery of
possession of the premises on the ground specified in clause (c ) of the
proviso to sub-section (1) of section 14, or under section 14A.
(6) Where leave is granted to the tenant to contest the application, the
Controller shall commence the hearing of the application as early as
practicable.
(7) Notwithstanding anything contained in sub-section (2) of section 37,
the Controller shall, while holding and inquiry in a proceeding to which
this Chapter applies, follow the practice and procedure of a Court of
Small Causes, including the recording of evidence.
(8) No appeal or second appeal shall lie against an order for the recovery
of possession of any premises made by the Controller in accordance with
the procedure specified in this section:
Provided that the High Court may, for the purpose of satisfying itself
that an order made by the Controller under this section is according to
law, call for the records of the case and pass such order in respect
thereto as it thinks fit.
(9) Where no application has been made to the High Court on revision, the
Controller may exercise the powers of review in accordance with the
provisions of Order XLVII of the First Schedule to the Code of Civil
Procedure, 1908 (5 of 1908).
(10) Save as otherwise provided in this Chapter, the procedure for the
disposal of an application for eviction on the ground specified in clause
(e) of the proviso to sub-section (1) of section 14, or under section 14A,
shall be the same as the procedure for the disposal of applications by
Controllers.
25.C Act to have effect in a modified form in relation to certain persons.
- (1) Nothing contained in sub-section (6) of section 14 shall apply to a
landlord who, being a person in occupation of any residential premises
allotted to him by the Central Government or any local authority is
required by or in pursuance of, an order made by that Government or
authority to vacate such residential accommodation, or, in default, to
incur certain obligations, or the ground that the owns a residential
accommodation either in his own name or in the name of his wife or
dependent child in the Union territory of Delhi.
(2) In the case of a landlord whom, being a person of the category
specified in sub-section (1) has obtained, on the ground specified in
clause (e) of the proviso to sub-section (1) of section 14, or under
section 14A, an order for the eviction of a tenant from any premises, the
provisions of sub-section (7) of section 14 shall have effect as if for
the words "six months", occurring therein, the words "two months" were
substituted.]
CHAPTERIV
26. Receipt to be given for rent paid. - (1) Every tenant shall pay rent
within the time fixed by contract or in the absence of such contract, by
the fifteenth day of the month next following the month for which it is
payable [and where any default occurs in the payment of rent, the tenant
shall be liable to pay simple interest at the rate of fifteen per cent.
per annum from the date on which such payment of rent is due to the date
on which it is paid].
(2) Every tenant who makes a payment of rent to his landlord shall be
entitled to obtain forthwith from the landlord or his authorised agent a
written receipt for the amount paid to him., signed by the landlord or his
authorised agent:
[Provided that it shall be open to the tenant to remit the rent to his
landlords by postal money order.]
(3) If the landlord or his authorised agent refuses or neglects to deliver
to the tenant a receipt referred to in sub-section (2), the Controller
may, on an application made to him in this behalf by the tenant within two
months from the date of payment and after hearing the landlord or his
authorised agent, by order direct the landlord or his authorised agent to
pay to the tenant, by way of damages, such sum not exceeding double the
amount of rent paid by the tenant and the costs of the application and
shall also grant a certificate to the tenant in respect of the rent paid.
27. Deposit of rent by the tenant. - (1) Where the landlord does not
accept any rent tendered by the tenant within the time referred to in
section 26 of refuses or neglects to deliver a receipt referred to therein
or where there is a bona fide doubt as to the person or persons to whom
the rent is payable, the tenant may deposit such rent with the Controller
in the prescribed manner:
[Provided that in case where there is a bona fide doubt as to the person
or persons to whom the rent is payable, the tenant may remit such rent to
the Controller by postal money order.]
(2) The deposit shall be accompanied by an application by the tenant
containing the following particulars, namely:-
(a) the premises for which the rent is deposited with a description
sufficient for identifying the premises;
(b) the period for which the rent is deposited;
© the name and address of the landlord or the person or persons claiming
to be entitled to such rent;
(d) the reasons and circumstances for which the application for depositing
the rent is made;
(e) such other particulars as may be prescribed.
(3) On such deposit of the rent being made, the Controller shall send in
the prescribed manner a copy or copies of the application to the landlord
or persons claiming to be entitled to the rent with an endorsement of the
date of the deposit.
(4) If an application is made for the withdrawal of any deposit of rent,
the Controller shall, if satisfied that the applicant is the person
entitled to receive the rent deposited, order the amount of the rent to be
paid to him in the manner prescribed:
Provided that no order for payment of any deposit of rent shall be made by
the Controller under this sub-section without giving all persons named by
he tenant in his application under sub-section (2) as claiming to be
entitled to payment of such rent being decided by a court of competent
jurisdiction.
(5) If at the time of filing the application under sub-section (4), but
not after the expiry of thirty days from receiving the notice of deposit,
the landlord or the person or persons claiming to be entitled to the rent
complains or complain to the Controller that the statements in the
tenant’s application of the reasons and circumstances which led him to
deposit the rent are untrue, the Controller, after giving the tenant an
opportunity of being heard, may levy on the tenant a fine which may extend
to an amount equal to two months’ rent, if the Controller is satisfied
that the said statements were materially untrue and may order that a sum
out of the fine realised be paid to the landlord as compensation.
(6) The Controller may, on the complaint of the tenant and after giving an
opportunity to the landlord of being heard, levy on the landlord a fine
which may extend to an amount equal to two months’ rent, if the Controller
is satisfied that the landlord, without any reasonable cause, refused to
accept rent though tendered to him within the time referred to in section
26 and may further order that a sum out of the fine realised be paid to
the tenant as compensation.
28. Time limit of making deposit and consequences of incorrect particulars
is application for deposit.- (1) No rent deposited under section 27 shall
be considered to have been validly deposited under that section, unless
the deposit is made within twenty-one days of the time referred to in
section 26 for payment of the rent.
(2) No such deposit shall be considered to have been validly made, if the
tenant willfully makes any false statement in his application for
depositing the rent, unless the landlord has withdrawn the amount
deposited before the date of filing an application for the recovery of
possession of the premises from the tenant.
(3) If the rent is deposited within the time mentioned in sub-section (1)
and does not cease to is valid deposit for the reason mentioned in
sub-section (2), the deposit shall constitute payment of rent to the
landlord, as if the amount deposited had been validly tendered?
29. Saving as to acceptance of rent forfeiture of rent in deposit. - (1)
The withdrawal of rent deposited under section 27 in the manner provided
therein shall not operate as an admission against the person withdrawing
it of the correctness of the rent, the period of default, the amount due,
or of any other facts stated in the tenant’s application for depositing
the rent under the said section.
(2) Any rent in deposit which is not withdrawn by the landlord or by the
person or persons entitled to receive such rent shall be forfeited to
Government by an order made by the Controller, if it is not withdrawn
before the expiration of five years from the date of posting of the notice
of deposit.
(3) Before passing as order of forfeiture the Controller shall give notice
to the landlord or the person or persons entitled to receive the rent in
deposit by registered post at the last known address of such landlord or
person or persons and shall also publish the notice in his office and in
any local newspaper.
CHAPTERV
30. Application of the Chapter. - The Provisions of this Chapter shall
apply to all hotels and lodging houses in the areas which, immediately
before the 7th day of April, 1958, were included in the New Delhi
Municipal Committee, Municipal Committee, Delhi and the Notified Area
Committee, Civil Station, Delhi and may be applied by the Central
Government, by notification in the Official Gazette, to hotels and lodging
houses within the limits of such other urban are of the Municipal
Corporation of Delhi as may be specified in the notification:
Provided that if the Central Government is of opinion that it would not be
desirable in the public interest to make the provisions of this Chapter
applicable to any class of hotels or lodging houses, it may, by
notification in the Official Gazette, exempt such class of hotels or
lodging houses or lodging houses from the operation of this Chapter.
31. Fixing of fair rate. - (1) Where the Controller, on a written
complaint or otherwise, has reason to believe that the charges made for
board or lodging or any other service provided in any hotel or lodging
houses are excessive, he may fix a fair rate to be charged for board,
lodging or other services provided in the hotel or lodging house and in
fixing such fair rate, specified separately the rate for lodging, board or
other services.
(2) In determining the fair rate under sub-section (1), the Controller
shall have regard to the circumstances of the case and to the prevailing
rate of charges for the same or similar accommodation, board and service,
during the twelve months immediately preceding the 1st day of June, 1951,
and to any general increase in the cost of living after that date.
32. Revision of fair rate. - On a written application from the manager of
a hotel or the owner of a lodging house or otherwise, the Controller may,
from time to time, revise the fair rate to be charged for board, lodging
or other service in a hotel or lodging house, and fix such rate as he may
deem fit having regard to any general rise or fall in the cost of living
which may have occurred after the fixing of fair rate.
33. Charges in excess of fair rate not recoverable. - When the Controller
has determined the fair rate of charges in respect of a hotel or lodging
house, -
(a) The manager of the hotel or the owner of the lodging house, as the
case may be, shall not charge any amount in excess of the fair rate and
shall not, except with the previous written permission of the Controller,
withdraw from the lodger any concession or service allowed at the time
when the Controller determined the fair rate;
(b) Any agreement for the payment of any charges in excess of such fair
rate shall be void in respect of such excess and shall be construed as if
it were an agreement for payment of the said fair rate;
© Any sum paid by a lodger in excess of the fair rate shall be recoverable
by him at any time within a period of six months from the date of the
payment from the manager of the hotel or the owner of the lodging house or
his legal representatives and may, without prejudice to any other mode of
recovery, be deducted by such lodger from any amount payable by him to
such manager or owner.
34. Recovery of possession by manager or a hotel or the owner of a lodging
house. - Notwithstanding anything contained in this Act, the manager of a
hotel or the owner of a lodging house shall be entitled to recover
possession of the accommodation provided by him to a lodger on obtaining a
certificate from the Controller certifying-
(a) That the lodger has been guilty of conduct which is a nuisance or
which caused annoyance to any adjoining or neighbouring ledger;
Explanation.-For the purposes of this clauses, "nuisance" shall be deemed
to include any act which constitutes an offence under the Suppression of
Immoral Traffic in Women and Girls Act, 1956 (104 of 1956);
(b) That the accommodation is reasonably and bona fide required by the
owner of the hotel or lodging house, as the case may be, either for his
own occupation or for the occupation of any person for whose benefit the
accommodation is held, or any other cause which may be deemed satisfactory
to the Controller;
(c) That the lodger has failed to vacate the accommodation on the
termination of the period of the agreement in respect thereof;
(d) That the lodger has done any act which in inconsistent with the
purpose for which the accommodation was given to him or which is likely to
affect adversely or substantially the owner’s interest therein;
(e) That the lodger has failed to pay the rent due from him.
CHAPTER VI
35. Appointment of Controllers and Additional Controllers.-(1) The Central
Government may, by notification in the Official Gazette, appoint as many
Controllers as it thinks fit, and define the local limits within which, or
the hotels and lodging houses in respect of which, each Controller shall
exercise the powers conferred, and perform the duties imposed, on
Controllers by or under this Act.
(2) The Central Government may also, by notification in the Official
Gazette, appoint as many additional Controllers as it thinks fit and an
additional Controller shall perform such of the functions of the
Controller as may, subject to the control of the Central Government, be
assigned to him in writing by the Controller and in the discharge of these
functions, an additional Controller shall have and shall exercise the same
powers and discharge the same duties as the Controller.
(3) A person not be qualified for appointment as a Controller or an
additional Controller, unless he has for at least five years held a
judicial office in India or has for at least seven years been practising
as an advocate or a pleader in India.
36. Powers of Controller. - (1) the Controller may-
(a) Transfer any proceeding pending before him for disposal to any
additional Controller, or
(b) Withdraw any proceeding pending before any additional Controller any
dispose it of him or transfer the proceeding for disposal to any other
additional Controller.
(2) The Controller shall have the same powers as are vested in a civil
court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a
suit, in respect of the following matters, namely:-
(a) Summoning and enforcing the attendance of any person and examining him
on oath;
(b) Requiring the discovery and production of documents;
(c) Issuing commissions for the examination of witnesses;
(d) Any other matter which may be prescribed,
And any proceeding before the Controller shall be deemed to be a judicial
proceeding within the meaning of section 193 and section 228 of the Indian
Penal Code (45 of 1860), and the Controller shall be deemed to be a civil
court within the meaning of section 480 and section 482 of the Code of
Criminal Procedure, 1898 (5 of 1898).
(3) For the purposes of holding any inquiry or discharging any duty under
this Act, the Controller may,-
(a) After giving not less than twenty-four hours’ notice in writing, enter
and inspect or authorise any officer subordinate to him to enter and
inspect any premises at any time between sunrise and sunset; or
(b) By written order, require any person to produce for his inspection all
such accounts, book or other documents relevant to the inquiry at such
time and at such place as may be specified in the order.
(4) The Controller may, if he thinks fit, appoint one or more person
having special knowledge of the matter under consideration as an assessor
or assessors to advise him in the proceeding before him.
37. Procedure to be followed by Controller.- (1) No order which
prejudicially affects any person shall be made by the Controller under
this Act without giving him a reasonable opportunity of showing cause
against the order proposed to be made and until his objection, if any, and
any evidence he may produce in support of the same have been considered by
the Controller.
(2) Subject to any rules that may be made under this Act, the Controller,
shall, while holding an inquiry in any proceeding before him, follow as
far as may be the practice and procedure of a Court of Small Causes,
including the recording of evidence.
(3) In all proceedings before him, the Controller shall consider the
question of costs and award such costs to or against any party as the
Controller considers reasonable.
38. Appeal to the Tribunal. - (1) An appeal shall lie from every order of
the Controller made under this Act [only on questions of law] to the Rent
Control Tribunal (hereinafter referred to as the Tribunal) consisting of
one person only to be appointed by the Central Government by notification
in the Official Gazette:
[Provided that no appeal shall lie from an order of the Controller made
under section 21.]
(2) An appeal under sub-section (1) shall be preferred within thirty days
from the date of the order made by the Controller:
Provided that the Tribunal may entertain the appeal after the expiry of
the said period of thirty days, if it is satisfied that the appellant was
prevented by sufficient cause from filing the appeal in time.
(3) The Tribunal shall have all the power vested in a court under the Code
of Civil Procedure, 1908 (5 of 1908), when hearing an appeal.
(4) Without prejudice to the provisions of sub-section (3), the Tribunal
may, on an application made to it or otherwise, by order transfer any
proceeding pending before any Controller or additional Controller to
another Controller or additional Controller and the Controller or
additional Controller to whom the proceeding is so transferred may,
subject to any special directions in the order of transfer, dispose of the
proceeding.
(5) A person shall not be qualified for appointment to the Tribunal,
unless he is, or has been a district judge or has for at least ten years
held a judicial office in India.
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 deem fit and appoint to each such Additional
Rent Control Tribunal (hereinafter referred to as the Additional Tribunal)
on 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 an 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-section (2) and (3) of section 38 shall apply in
relation to an Additional Tribunal as they apply in relation to the
Tribunal.
38B. Power of High Court to transfer appeals, etc. - The High Court may
also, on an application made to it or otherwise, by order, transfer-
(a) any appeal or proceeding pending before the Tribunal to any Additional
Tribunal; or
(b) any appeal or proceeding pending before any Additional Tribunal to the
Tribunal or in any other Additional Tribunal.
39. Section 39 omitted by Act 57 of 1988, sec.17 (w.e.f. 1-12-1988).
40. Amendment of orders. - Clerical or arithmetical mistakes in any order
passed by a Controller or [the Tribunal or an Additional Tribunal] or
errors arising therein from any accidental slip or omission may, at any
time, be corrected by the Controller or [the Tribunal on an Additional
Tribunal] on am application received in this behalf from any of the
parties or otherwise.
41. Controller to exercise powers of a magistrate for recovery of fine. -
Any fine imposed by a Controller under this Act shall be paid by the
person find witnessed such time as may be the Controller and the
Controller may, for good and sufficient reason, extend the time, and in
default of such payment, the amount shall be recoverable as a fine under
the provisions of the Code of Criminal Procedure, 1898, and the Controller
shall be deemed to be a magistrate under the said code for the purposes of
such recovery.
42. Controller to exercise powers of civil court for execution of other
orders. - Save as otherwise provided in section 41, an order made by the
Controller or an order passed on appeal under this Act shall be executable
by the Controller as a decree of a civil court and for this purpose, the
Controller shall have all the powers of a civil court.
43. Finality of order. - Save as otherwise expressly provided in this Act,
every order made by the Controller or an order passed on appeal under this
Act shall be final and shall not be called in question in any original
suit, application or execution proceeding.
CHAPTERVII
44. Landlords duty to keep the premises in good repair. - (1) Every
landlord shall be bound to keep the premises in good and tenantable
repairs.
(2) If the landlord neglects or fails to make, within a reasonable time
after notice in writing, any repairs which he is bound to make under
sub-section (1) the tenant may make the same himself and deduct the
expenses of such repairs from the rent or otherwise recover them from the
landlord:
Provided that the amount sod deducted or recoverable in any year shall not
exceed one-twelfth of the rent payable by the tenant for that year.
(3) Where any repairs without which the premises are not habitable or
usable except with undue inconvenience are to be made and the landlord
neglects or fails to make them after notice in writing, the tenant may
apply to the Controller for permission to make such repairs himself and
may submit to the Controller an estimate of the cost of such repairs, and,
thereupon, the Controller may, after giving the landlord an opportunity of
being heard and after considering such estimate of the cost and making
such inquires as he may consider necessary, by an order in writing, permit
the tenant to make such repairs at such cost as may be specified in the
order and it shall thereafter be lawful for the tenant to make such
repairs himself and to deduct the cost thereof, which shall in no case
exceed the amount so specified, from the rent or otherwise recover it from
the landlord:
Provided that the amount so deducted or recoverable in any year shall not
exceed one-half of the rent payable by the tenant for that year:
Provided further that if any repairs not covered by the said amount are
necessary in the opinion of the Controller, and the tenant agrees to bear
the excess cost himself., the Controller may permit the tenant to make
such repairs.
45. Cutting off or withholding essential supply or service.- (1) No
landlord either himself or through any person purporting to act on his
behalf shall without just and sufficient cause cut off or withhold any
essential supply or service enjoyed by the tenant in respect of the
premises let to him.
(2) If a landlord contravenes the provisions of sub-section (1), the
tenant may make an application to the Controller complaining of such
contravention.
(3) If the Controller is satisfied that essential supply or service was
cut off or withheld by the landlord with a view to compel the tenant to
vacate the premises or to pay an enhanced rent, the Controller may pass an
order directing the landlord to restore the amenities immediately, pending
the inquiry referred to in sub-section (4).
Explanation.-An interim order may be passed under this sub-section without
just and sufficient cause cut off or withhold any essential supply or
service enjoyed by the tenant in respect of the premises let to him.
(2) If a landlord contravenes the provisions of sub-section (1), the
tenant may make an application to the Controller complaining of such
contravention.
(3) If the Controller is satisfied that essential supply or service was
cut off or withheld by the landlord with a view to compel the tenant to
vacate the premises or to pay an enhanced rent, the Controller may pass an
order directing the landlord to restore the amenities immediately, pending
the inquiry referred to in sub-section (4).
Explanation.-An interim order may be passed under this sub-section without
giving notice to the landlord.
(4) If the Controller on inquiry finds that the essential supply or
service enjoyed by the tenant in respect of the premises was cut off or
withheld by the landlord without just and sufficient cause, he shall make
an order directing the landlord to restore such supply or service.
(5) The Controller may in his discretion direct that compensation not
exceeding fifty rupees-
(a) be paid to the landlord by the tenant, if the application under
sub-section (2) was made frivolously or vexatioulsy;
(b) be paid to the tenant by the landlord, if the landlord had cut off or
withheld the supply or service without just and sufficient cause.
Explanation 1.-In this section "essential supply or service" includes
supply of water , electricity, lights in passages and on staircases,
conservancy and sanitary services.
Explanation II.-For the purposes of this section, withholding any
essential supply or service shall include acts or omissions attributable
to the landlord of account of which the essential supply or service is cut
off by the local authority or any order competent authority.
46. Landlord’s duty to give notice of new construction to Government. -
Whenever, after the commencement of this Act, any premises are
constructed, the landlord shall, within thirty days of the completion of
such construction, give intimation thereof in writing to the [Director of
Estates] or to such other officer as may be specified in this behalf by
the Government.
47. Leases of vacant premises to Government.- (1) The provisions of this
section shall apply only in relation to premises in the areas which,
immediately before the 7th day of April, 1958, were included in the New
Delhi Municipal Committee and which are, or are intended to be, let for
use as a residence.
(2) Whenever any premises the standard rent of which is not less than two
thousand and four hundred rupees per year becomes vacant either by the
landlord ceasing to occupy the premises or by the termination of a tenancy
or by the eviction of a tenant or by the release of the premises from
requisition or otherwise,-
(a) the landlord shall, within seven days of the premises becoming vacant,
give intimation thereof in writing to the[Director of Estate];
(b) whether or not such intimation is given, the [Director of Estates] may
serve on the landlord by post or otherwise a notice-
(i) informing him that the premises are required by the Government for
such period as may be specified in the notice; and
(ii) requiring him, and every person claiming under him, to deliver
possession of the premises forthwith to such officer or person as may be
specified in the notice:
Provided that where the landlord has given the intimations required by
clause (a), no notice shall be issued by the Director of Estates] under
clause (b) more than seven days after the delivery to him of the
intimation:
Provided further that nothing in this sub- section shall apply in respect
of any premises the possession of which has been obtained by the landlord
on the basis of any order made on the ground set forth in clause (e) of
the proviso to sub-section (1) of section 14 or in respect of any premises
which have been released from requisition for the use and occupation of
the landlord himself.
(3) Upon the service of a notice under clause (b) of sub-section (2), the
premises shall be deemed to have been leased to the Government for the
period specified in the notice, as from the date of the delivery of the
intimation under clause (a) of sub-section (2) or in case where no such
intimation has been given, as from the date on which possession of the
premises in delivered in pursuance of the notice, and the other terms of
the lease shall be such as may be agreed upon between the Government and
the landlord or in default of agreement, as may be determined by the
Controller, in accordance with the provisions of this Act.
(4) In every case where the landlord has in accordance with the provisions
of sub-section (2) given intimation of any premises becoming vacant and
the premises are not taken on lease by the Government under this section,
the Government shall pay to the landlord a sum equal to one-fifty second
of the standard rent per year of the premises.
(5) Any premises taken of lease by the Government under this section may
be put to any such use as the Government thinks fit, and in particulars,
the Government may permit the use of the premises for the purposes of any
public institution or any foreign embassy, legation or consulate or any
High Commissioner or Trade Commissioner, or as a residence by any officer
in the service of the Government or of a foreign embassy, legation or
consulate or of a High Commissioner or Trade Commissioner.
48. Penalties. - (1) If any person contravenes any of the provisions of
section 5, he shall be punishable-
(a) In the case of a contravention of the provisions of sub-section (1) of
section 5, with simple imprisonment for a term which may extend to three
months, or with fine which may extend to a sum which exceeds the unlawful
charge claimed or received under sub-section by one thousand rupees, or
with both;
(b) In the case of a contravention of the provisions of sub-section (2) or
sub-section (3) of section 5, with simple imprisonment for a term which
may extend to six months, or with fine which may extend to a sum which
exceeds the amount or value or unlawful charge claimed or received under
the said sub-section (2) or sub-section (3), as the case may be, by five
thousand rupees, or with both.
(2) If any tenant sub-lets; assigns or otherwise parts with the possession
of the whole or part of any premises in contravention of the provisions of
clause (b) of the proviso to sub-section (1) of section 14, he shall be
punishable with fine which may extend to one thousand rupees.
[(3) If any landlord re-lets or transfers the whole or any part of any
premises in contravention of the provisions of sub-section (1) or
sub-section (2) of section 19 he shall be punishable with imprisonment for
a term which may extend to six months , or with fine, or with both]
(4) If any landlord contravenes the provisions of sub-section (1) of
section 45, he shall be punishable with imprisonment for a term which may
extend to three months or with fine, or with both.
(5) If any landlord fails to comply with provisions of section 46 he shall
be punishable with fine which may extend to one hundred rupees.
(6) If any person contravenes the provisions of clause (a) of sub-section
(2) of section 47, or fails to comply with a requirement under clause (b)
thereof, he shall be punishable with simple imprisonment for a term which
may extend to three months, or with fine which may extend to one thousand
rupees, or with both.
49. Cognizance of offences. - (1) No court inferior to that of
[Metropolitan Magistrate] shall try any offence punishable under this Act.
(2) No court shall take cognizance of an offences punishable under this
Act, unless the complaint in respect of the offences has been made within
three months from the date of the offence has been made within three
months from the date of the commission of the offence.
(3) Notwithstanding anything contained in [section 29 of the Code of
Criminal Procedure, 1973 (2 of 1974)] it shall be lawful for any
[Metropolitan Magistrate] to pass a sentence of fine exceeding [five
thousand rupees] on a person convicted of an offence punishable under this
Act.
CHAPTERVIII
50. Jurisdiction of civil courts barred in respect of certain matters -
(1) Save a otherwise expressly provided in this Act, no civil court shall
entertain any suit or proceeding in so far as it relates to the fixation
of standard rent in relation to any premises to which this Act applies or
to eviction of any tenant therefrom or to any other matter which the
Controller is empowered by or under this Act to decide, and no injunction
in respect of any action taken or to be taken by the Controller under this
Act shall be granted by any civil court or other authority.
(2) If, immediately before the commencement of this Act, there is any suit
or proceeding pending in any civil court for the eviction of any tenant
from any premises to which this Act applies and the construction of which
has been completed after the 1st day of June, 19951, but before the 9th
day of June, 1955, such suit or proceeding shall, on such commencement ,
abate.
(3) If, in pursuance of any decree or order made by a court, any tenant
has been evicted after the 16th day of August, 1958, from any premises to
which this Act applies and the construction of which has been completed
after the 1st day of June, 1951, but before the 9th day of June, 1955,
then, notwithstanding anything contained in any other law, the Controller
may, on an application made to him in this behalf by such evicted tenant
within six months from the date of eviction, direct the landlord to put
the tenant in possession of the premises or to pay him such compensation
as the Controller thinks fit.
(4) Nothing in sub-section (1) shall be construed as prevailing a civil
court from entertaining any suit or proceeding for the decision of any
question of title to any premises to which this Act applies or any
question as to the person or persons who are entitled to receive the rent
of such premises.
51. Controllers to be public servants. - All Controllers and additional
Controllers appointed under this Act shall be deemed to be public servants
within the meaning of section 21 of the Indian Penal Code (45 of 1860).
52. Protection of action taken in good faith. - No suit, prosecution or
other legal proceeding shall lie against any Controller or additional
Controller in respect of anything which is in good faith done or intended
to be done in pursuance of this Act.
53. Amendment of the Delhi Tenants Temporary Protection Act, 1956. -
[Rep.]
54. Saving of operation of certain enactment’s. - Nothing in this Act
shall affect the provisions of the Administration of Evacuee Property Act,
1950 (31 of 1950), or the Slum Areas (Improvement and Clearance ) Act,
1956 (96 of 1956), or the Delhi Tenants (Temporary Protection ) Act, 1956
(97 of 1956).
55. Special provisions regarding decrees affected by the Delhi Tenants
(Temporary Protection ) Act, 1956. - Where any decree or order for the
recovery of possession of any premises to this the Delhi Tenants
(Temporary Protection) Act, 1956 (97 of 1956), applies is sought to be
executed on the cesser of operation of that Act in relation to those
premises, the court executing the decree of order may, on the application
of the person against whom the decree or order has been passed or
otherwise, reopen the case and if it is satisfied that the decree or order
could not have been passed if this Act had been in force on the date of
decree or order, the court may, having regard to the provisions of this
Act, set aside the decree or order or pass such other order in relation
thereto as it thinks fit.
56. Power to makes rules. - (1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the purposes
of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely:-
(a) The manner of approval of valuers and procedure to be followed by such
valuers under the proviso to sub-section (2) of section 9;]
(aa) The form and manner in which, and the period within which, an
application may be made to the Controller;
(b) The form and manner in which an application for deposit or rent may be
made and the particulars which it may contain;
(c) The manner in which a Controller may hold an inquiry under this Act;
(d) The powers of the civil court which may be vested in a Controller;
(e) The form and manner in which an application for appeal or transfer of
proceeding may be made to the Tribunal
(g) Any other matter which has to be, or may be, prescribed.
[(3) Every rule made under this section shall be laid, as soon as may be
after it is made, before each House of Parliament, while it is in session,
for a total period of thirty days which may be comprised in one sessions
or in two or more successive session, and if, before the expiry of the
session immediately following the session or the successive session
aforesaid, both Houses agree in making any modification in the rule or
both Houses agree in making any modification in the rule or both Houses
agree that the rule should not be made, the rule shall thereafter have
effect only in such modified form or be of no effect, as the case may be;
so; however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.]
57. Repeal and saving. - (1) The Delhi and Ajmer Rent Control Act, 1952
(38 of 1952) in so far as it is applicable to the Union territory of
Delhi, is hereby repealed.
(2) Notwithstanding such repeal, all suits and other proceedings under the
said Act pending, at the commencement of this Act, before any court or
other authority shall be continued and disposed of in accordance with the
provisions of the said Act, as if the said Act had continued in force and
this Act had not been passed:
Provided that in any such suit or proceeding for the fixation of standard
rent or for the eviction of a tenant from any premises to which section 54
does not apply, the court or other authority shall have regard to the
provisions of this Act:
Provided further that the provisions for appeal under the said Act shall
continue in force in respect of suits and proceedings disposed of
thereunder.
SCHEDULES
THE FIRST SCHEDULE
The urban areas within the limits of the Municipal Corporation of Delhi to
which the Act extends
The areas which, immediately before the 7th April, 1958, were included in-
1. the Municipality of New Delhi excluding the are specified in the First
Schedule to the Delhi Municipal Corporation Act, 1957 (66 of 1957);
2. the Municipal Committee, Delhi;
3. the Notified Area Committee, Civil Station, Delhi;
4. the Municipal Committee, Delhi –Shahdara,
5. the Notified Area Committee, Red Fort;
6. the Municipal Committee, West Delhi;
7. the South Delhi Municipal Committee;
8. the Notified Area Committee, Mehrauli.
THE SECOND SCHEDULE
Basic Rent
1. In this Schedule, "basic rent" in relation to any premises let out
before the 2nd June, 1944, means the original rent of such premises
referred to in paragraph 2 increased by such percentage of the original
rent as is specified in paragraph 3 or paragraph 4 or paragraph 5, as the
case may be.
(2) "Original rent" , in relation to premises referred to in paragraph I,
means –
(a) Where the rent of such premises has been fixed under the New Delhi
House Rent Control Order, 1939,or the Delhi Rent Control Ordinance, 1944
(25 of 1944), the rent so fixed, or
(b) In any other case,-
(i) The rent at which the premise sere let on the 1st November, 1939,or
(ii) If the premises were not let on that date, the rent at which they
were first let out at any time after that date but before the 2nd June,
1944.
3. Where the premises to which paragraph 2 applies are let out for the
purpose of being used as a residence or for any of the purpose of public
hospital, an educational institution a public library or reading room or
an orphanage, the basic rent of the premises shall be the original rent
increased by-
(a) 12-1/2 per cent. thereof, if the original rent per annum is not more
than Rs. 300;
(b) 15-5/8 per cent, thereof, if the original rent pr annum is more than
Rs. 300 but not more than Rs. 600
(c) 18-3/4 per cent, thereof, if the original rent per annum is more than
Rs. 600 but not more than Rs. 1,200;
(d) 25 per cent, thereof, if the original rent per annum is more than Rs.
1,200.
4. Where the premises to which paragraph 2 applies are let out for any
purpose other than those mentioned in paragraph 3, he basic rent of the
premises shall be the original rent increased by twice the amount by which
it would be increased under paragraph 3, if the premises were let for a
purpose mentioned in that paragraph.
5. Where the premises to which paragraph 2 applies are used mainly as a
residence and incidentally for business or profession, the basic rent of
the premises shall be the mean of the rent as calculated under paragraph 3
and 4.
THE THIRD SCHEDULE
Form of summons in a case where recovery of possession of premises is
prayed for on the ground of bona fide requirement or under Section 14A
To
[Name, description and place of residence of the tenant]
Whereas Shri……………..has filed an application a copy of which is annexed)
for your eviction from (here insert the particulars of the premises) on
the ground specified in clause (e) of the proviso to sub-section (1) of
section 14, or under section 14A;
You are hereby summoned to appear before the Controller within fifteen
days of the service hereof and to obtain the leave of the Controller to
contest the application eviction on the ground aforesaid; in default
whereof, the applicant will be entitled at any time after the expiry of
the said period of fifteen days to obtain an order for your eviction from
the said premises.
Leave to appear and contest the application may be obtained on an
application to the Controller supported by an affidavit as is referred to
in sub-section (5) of section 25B.
Given under my hand and seal
This …………..day of…………..19..Controller]
RULES
CHAPTERI
1. Short title.- These rules may be called the Delhi Rent Control Rules,
1959.
2. Definitions. - In these rules, unless the context otherwise requires:-
(a) "Act" means the Delhi Rent Control Act, 1958;
(b) "Form" means form appended to these rules;
(c) "Recognised agent" means a person holding a power of attorney
authorising him to act on behalf of his principal or an agent empowered by
written authority under the hand of his principal;
(d) "Section" means a section of the Act.
(e) "Valuer" means a graduate in civil engineering, architecture or town
planing of a recgonised university, or a person who possesses a
qualification recognised by the Central Government for recruitment to
superior services or posts under the Central Government in the filed of
civil engineeri | |
