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DELHI RENT CONTROL ACT, 1958 [REPEALED]

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DELHI RENT CONTROL ACT, 1958 [REPEALED]

Preamble - DELHI RENT CONTROL ACT, 1958

THE DELHI RENT CONTROL ACT, 1958

[Act, No. 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: --

Section 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 area from the operation of this Act or any provision thereof.

(3) It shall come into force on such date [1]as the Central Government may, by notification in the Official Gazette, appoint.

Section 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;

(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 or 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, 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 part 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;

[2] [(l) "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 conditions specified, respectively, in Explanation I and Explanation II 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,

(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,--

(A) 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 to 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.

Explanation I. --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 of the deceased person, or if such 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 extinguishment shall not affect the right of any other successor 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, devolve on any of his heirs];

(m) "urban area" has the same meaning as in the Delhi Municipal Corporation Act, 1957 (66 of 1957).

Section 3 - Act not to apply to certain premises

Nothing in this Act shall apply--

(a) to any premises belonging to the Government;[3] [***]

(b) to any tenancy or other like relationship created by a grant from the Gov?ernment in respect of the premises taken on lease, or requisitioned, by the Government:

[4] [Provided that where any premises belonging to Government have been or are lawfully let by any person by virtue of an agreement with the Gov?ernment 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].

[5] [(c) to any premises, whether residential or not, whose monthly rent exceeds three 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;]

Section 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 provisions 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.

Section 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 of any premises, --

(a) claim or receive the payment of any sum as premium or pugree or 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, or 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 purposes of clause (b) of this sub-section, a "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.

Section 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 lime 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 ten per cent, of such rent;

(b) in any other case, the rent calculated on the basis of[6] [ten per cent.] per annum of the aggregate amount of the[7] [actual] cost of construc?tion and the market price of the land comprised in the premises on the date of the commencement of the construction;

[8] [***]

(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[9] [ten per cent.] per annum of the aggregate amount of the[10] [actual] cost of construc?tion and the market price of the land comprised in the premises on the date of the commencement of the construction:

[11] [***]

(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 the standard rent for a period of seven years from the date of the completion of the construction of such premises;

[12] [***]

(b) in the case of any premises, whether residential or not, constructed on or after the 9th day of June, 1955, including premises constructed after the commencement of this Act [but before the commence-ment 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.

[13] [(c) in the case of any premises, whether residential or not, constructed on or after the commence-ment of the Delhi Rent Control (Amendment) Act, 1988 and to which the provisions of this Act are made applicable by virtue of clause (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 commence-ment of the construction, of the premises shall be deemed to be the standard rent.]

(3) For the purposes of this section, residential premises include premises let out for the purposes of a public hospital, an educational institution, a public library, reading room or an orphanage.

Section 6A - Revision of rent

[14] [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.]

Section 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 that 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[15] [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 day of January, 1952, whether express or implied, to pay from time to time the amount of any such tax as aforesaid.

Section 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).

Section 9 - Controller to fix standard rent, etc.

(1) The Controller shall, on an appli?cation 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 section 7.

(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:

[16] [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 purposes 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 accor?dance 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 alt 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 to the date of the filing of the application for the fixation of the standard rent.

Section 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.

Section 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.

Section 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[17] [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;[18] [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;[19] [and]

[20] [(d) in the case of any premises referred to in clause (c) 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.

Section 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.

Section 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 any court or Controller in favour of the landlord against a tenant:

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 notice of demand for the arrears of rent has been served of him by the landlord in the manner provided in section 106 of the Transfer 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 parted with the possession of the whole or any part of the premises without obtaining the consent in writing of the landlord;

(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 purposes arc 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 that the landlord or such person has no other reasonably suitable residential accommodation;

Explanation. --For the purposes of this clause, "premises let for residential purposes" 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 outrepairs which cannot be carried out without the premises being vacated;

(g) that the premises arc required bona fide by the landlord for the purpose of building or re-building or making thereto any substantial additions or al?terations 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,[21] [***], acquired vacant possession of, or been allotted, a residence;

[22] [(hh) 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;

(l) 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 is 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 me purposes of clause (b) of the proviso to sub-section (1), any premises which have been let for being used for the purposes 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 to occupy the whole or any part of the premises ostensibly on the ground that such person is a partner of the tenant in the business or profession but really for the purpose of sub-letting such premises to that 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 mointh 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 (hereto, 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 he 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 alter the purpose for which the premises were let or that such ramedical 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 (j) 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 to sub-section (1), if the tenant, within such lime 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.

Section 14A - Right to recover immediate possession of premises to accrue to certain persons

[23] [(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 he 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 represent 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 so 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.]

Section 14B - Right to recover immediate possession of premises to accrue to members of the armed forces, etc

[24] [(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 dependent may, within one year from the date of his release or retirement from such armed forces or, as the case may be, the dale 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 purposes 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).]

Section 14C - Right to recover immediate possession of premises to accrue to Central Government and Delhi Administration employees

[25] [(1) Where the landlord is a retired employee of the Central Government or of the Delhi Administration, and the premises let oul 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 re?tirement and the premises let out by him are required by him for his own residence after his retirement, he may, at any time wilhin a period of one year before the date of his retirement, apply to the Controller for recovering the immediate possession of such premises.

Section 14D - Right to recover immediate possession of premises to accrue to a widow

[26] [(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 he open to her to make an application under that sub-section in respect of any one of the premises chosen by her.]

Section 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 fifteenth 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 contests the claim for eviction, the landlord may, at any stage 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 oppor?tunity 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 amount of rent payable by the tenant, the Controller shall, within fifteen days of the date of the first hearing of the proceeding, fix an interim rent in relation to the premises to be paid or deposited in accordance with the provisions of 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), (here is any dispute as to the person or persons to whom the rent is payable, me 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 defence 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 and proceed with the hearing of the application.

Section 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 by the tenant.

Section 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 me previous consent in writing of the landlord, the tenant or the sub-tenant to whom the promises are sub-let may, in the proscribed 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 the notice by the tenant or the sub-tenant, as the case may be, the Controller shall decide the dispute.

Section 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 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 bad continued.

Section 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[27] [or under sections 14A, 14B, I4C, 14D 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 pos?session 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 to him in this behalf by such evicted tenant within such time as may be prescibed, direct the landlord to put the tenant in possession of the premises or to pay him such compensation as the Controller thinks fit.

Section 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 completed 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 lime 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.

Section 21 - Recovery of possession in case of tenancies for limited period

[28] [(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.

[29] [(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 rates as 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.]

Section 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 of its activities, then, notwithstanding anything contained in section 14 or any other law, the Controller may, on an application made to him in this 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

(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[30] [but does not include any such institution set up by any private trust].

Section 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 mat 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.

Section 24 - Special provision regarding vacant building sites

Notwithstanding any?thing 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 oilier 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 Con?troller, 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 the severance of the vacant land from the rest of the premises will not cause undue hardship to the tenant, the Controller may--

(a) direct such severance;

(b) place the landlord in possession of the vacant land-;

(d) make such other order as he thinks fit in the circumstances of the case.

Section 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 there from:

Provided that nothing in this section shall apply to any persons who has an in?dependent side to such premises.

Chapter IIIA - SUMMARY TRAIL OF CERTAIN APPLICATIONS

[31] [Chapter IIIA

SUMMARY TRAIL OF CERTAIN APPLICATIONS

Section 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.

Section 25B - Special procedure for the disposal of applications for eviction on the ground of bona fide requirement

(1) Every application by a landlord for the re?covery of possession of any premises on the ground specified in clause (e) of the proviso 10 sub-section (I) of section 14, or under section 14A[32] [or under section 14B or under section I4C 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, acknowledgment 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 cir?culating 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 an affidavit slating 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 an 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.

Section 25C - 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 he 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 who, 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.]

Section 26 - Receipt to be given for rent paid

(1) Every tenant shall pay rent within the lime 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[33] [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 tenanl 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:

[34] [Provided that it shall be open to the tenant to remit the rent to his landlord 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.

Section 27 - Deposit of rent by the tenant

(1) Where the landlord does not accept any rent tendered by the tenant within the lime 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:

[35] [Provided that in cases 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;

(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 the tenant in his application under sub-section (2) as claiming to be entitled to payment of such rent an opportunity of being heard and such order shall be without prejudice to the rights of such persons to receive 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.

Section 28 - Time limit of making deposit and consequences of incorrect particulars in 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 wilfully 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 be a 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.

Section 29 - Saving as to acceptance of rent and 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 rate of 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 an 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.

Section 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 Com?mittee, 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 area 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 from the operation of this Chapter.

Section 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 imme?diately preceding the 1st day of June, 1951, and to any general increase in the cost of living after that date.

Section 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.

Section 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;

(c) 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.

Section 34 - Recovery of possession by manager or a hotel or the owner of a lodging house

Not with standing anything contained in this Act, the manager of a hotel or the owner of a lodging house shall he 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 causes annoyance to any adjoining or neighboring ledger;

Explanation:--For the purposes of this clause, "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 is 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.

Section 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 Gazelle, 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 shall 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.

Section 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 and dispose it of himself or transfer the proceeding for disposal to any other additional Controller.

(2) The Controller shall have the same powers as are tested 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;

(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, books 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 persons having special knowledge of the matter under consideration as an assessor or assessors to advise him in the proceeding before him.

Section 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 objections, 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.

Section 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 thereinafter referred to as the Tribunal) consisting of one person only to be appointed by the Central Government by notification in the Official Gazette:

[36] [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.

Section 38A - Additional Rent Control Tribunals

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

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

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

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

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

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

Section 3B - 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.]

Section 39 - [Omitted]

[38] [***]

Section 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[39] [the Tribunal on an Additional Tribunal] on an application received in this behalf from any of the parties or otherwise.

Section 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 fined within such lime as may be allowed by 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.

Section 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.

Section 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.

Section 44 - Landlord's 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 so 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 inquiries 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.

Section 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 (o 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 vexatiously;

(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 I.--In this section, "essential supply or service" includes supply of water, electricity, lights in passages and on staircases, conservancy and sanitary ser?vices.

Explanation II.--For the purposes of this section, withholding any essential supply or service shall include acts or omissions attributable to the landlord on account of which the essential supply or service is cut off by the local authority or any order competent authority.

Section 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 [40] [Director of Estates] or to such other officer as may be specified in this behalf by the Government.

Section 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 Estates];

(b) whether or not such intimation is given, the[41] [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 posses?sion of the premises forthwith to such officer or person as may be specified in the notice:

Provided that where the landlord has given the intimation 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 a case where no such intimation has been given, as from the date on which possession of the premises is 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 on 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.

Section 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 that 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 of 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.

[42] [(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 (I) 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 the 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.

Section 49 - Cognizance of offences

(1) No court inferior to that of a [43] [Metropolitan Magistrate] shall try any offence punishable under this Act.

(2) No court shall take cognizance of an offence punishable under this Act, unless the complaint in respect of the offence has been made within (hree months from the dale of the commission of the offence.

(3) Notwithstanding anything contained in [44] [section 29 of the Code of Criminal Procedure, 1973 (2 of 1974)] it shall be lawful for any [45] [Metropolitan Magistrate] to pass a sentence of fine exceeding [46] [five thousand rupees] on a person convicted of an offence punishable under this Act.

Section 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 (his 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, (here 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, 1951, 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 preventing a civil court from entertaining any suit or proceeding for the decision of any question of title to any premises to which (his Act applies or any question as to the person or persons who are entitled (o receive the rent of such premises.

Section 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).

Section 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.

Section 53 - Amendment of the Delhi Tenants Temporary Protection Act, 1956

(Repealed. by The Repealing and Amending Act, 1960 (58 of 1960), section. 2 and Schedule.IJ.

Section 54 - Saving of operation of certain enactments

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).

Section 55 - Special provision regarding decrees affected by the Delhi Tenants (Tem?porary Protection) Act, 1956

Where any decree or order for the recovery of pos?session of any premises to which 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 or 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 the 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.

Section 56 - Power to make 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: --

[47] [(a) the manner of approval of valuers and the procedure to be followed by such valuers under the proviso to sub-section (2) of section 9;]

[48] [(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;

(f)? ?the manner of service of notices under this Act;

(g) ?any other matter which has to be, or may be, prescribed.

[49] [(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 session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, 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.]

Section 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.

Schedule I - FIRST SCHEDULE

FIRST SCHEDULE

(See section 1(2))

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 area specified in the First Schedule to the Delhi Municipal Corporation Act, 1957 (66 of 1957);

2. the Municipal Commiltee, Delhi;

3. the Nolified 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.

Schedule II - SECOND SCHEDULE

SECOND SCHEDULE

[See sections 2(a) and 6 (1)]

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 1, 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 premises were let on the 1st November, 1939, or

(ii) if the premises were not let on that dale, 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 lei out for the purpose of being used as a residence or for any of the purposes of a 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 per annum is more than Rs. 300 but not more than Rs. 600;

(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, the 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 paragraphs 3 and 4.

Schedule III - THIRD SCHEDULE

[50] [THE THIRD SCHEDULE

[See section 25B(2)]

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

(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 there 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 for 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]

Repealing Act 1 - THE DELHI RENT ACT, 1995

THE DELHI RENT ACT, 1995

[Act, No. 33 of 1995]

[23rdAugust, 1995]

PREAMBLE

An Act to provide for the regulation of rents repairs and maintenance and evictions relating to premises and of rates of hotels and lodging houses in the National Capital Territory of Delhi.

BE it enacted by Parliament in the Forty-sixth Year of the Republic of India as follows:--

1. Short title, extent and commencement

(1) This Act may be called the Delhi Rent Act, 1995.

(2) It extends to the areas included within the limits of the New Delhi Municipal Council and the Delhi Cantonment Board and to urban areas within the limits of the Municipal Corporation of Delhi for the time being:

Provided that the Central Government may, by notification in the Official Gazette, exclude any area from the operation of this Act or any provision thereof:

Provided further that the Central Government may, by notification in the Official Gazette, exclude any premises or class of buildings from the operation of this Act or any provision thereof.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions

In this Act, unless the context otherwise requires,--

(a) " Bench" means a Bench of the Tribunal;

(b) "Chairman" means the Chairman of the Tribunal;

(d) "hotel or lodging house" means a building or a part of a building where lodging, with or without board or other services, is provided for monetary consideration;

(e) "landlord" means a person who, for the time being is re?ceiving, 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 or 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) "Member" means a Member of the Tribunal and includes the Chairman;

(i) " owner of a lodging house" means a person who receives or is entitled to receive whether on his 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, lodging or other services provided in the lodging house;

(j) "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 non-residential use or for any other purpose, and includes?

(i) the garden, grounds and out-houses, if any, appertain?ing to such building or part of the building;

(ii) any fittings to such building or part of the building for the more beneficial enjoyment thereof but does not include a room in a hotel or a lodging house;

(k) "prescribed" means prescribed by rules made under this Act;

(l) ''Rent Authority" means an authority appointed under sub-section (1) of section 43 and includes an additional Rent Authority appointed under sub-section (2) of that section;

(m) "standard rent", in relation to any premises, means the rent calculated under section 7;

(n) "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 termina?tion of his tenancy.

but does not include--

(i) 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 to section 3 of the Delhi Rent Control (Amendment) Act, 1976(18 of1976) ;

(ii) any person to whom a licenses as defined in section 52 of the Indian Easements Act, 1882 has been granted;

(o) "Tribunal" means the Delhi Rent Tribunal established under section 46;

(p) "urban area" has the same meaning as in the Delhi Municipal Corporation Act, 1957.

3. Certain provisions not to apply to premises

(1) Nothing in this Act shall apply?

(a) to any premises belonging to the Government or a local authority;

(b) to any tenancy or other like relationship created by a giant from the Government in respect of the premises taken on lease or requisitioned, by the Government:

Provided that where any premises belonging to Government have been or are lawfully let out 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) to any premises, whether residential or not and whether let out before or after the commencement of this Act, whose monthly deemed rent on the date of commencement of this Act exceeds three thousand and five hundred rupees;

(d) to any premises constructed on or after the 1st day of December, 1988 but before the commencement of this Act for a period of ten years from the date of completion of such construction;

(e) to any premises constructed on or after the commencement of this Act, for a period of fifteen years from the date of completion of such construction;

(f) to any premises, being a premises not let out within seven years before letting out the same, for a period of fifteen years from the date it is let out;

(g) to any premises let out to a citizen of a foreign country or an embassy, high commission, legation or commission of a foreign State or such international organization as may be specified by the Central Government by notification in the Official Gazette;

(h) to any premises belonging to such religious, charitable or educational trust or class of trusts as may be specified by the Central Government by notification in the Official Gazette;

(i) to any tenancy, whether entered before or after the commencement of this Act, for a period of twenty years or more and registered under the Registration Act, 1908 and not terminable before its expiration at the option of the landlord.

Explanation 1.--For the removal of doubts, it is hereby declared that the provisions of this Act shall apply to any premises, not being a premises mentioned in sub-section (1) ,--

(a) let out to the Government or a local authority;

(b) let out by a hire-purchaser, lessee or sub-lessee, by whatever name called, who has been allotted such premises by the Delhi Development Authority or any other local authority by way of an agreement of hire-purchase, lease or sub-lease, even before the full ownership rights accrue to such hire-purchaser, lessee or sub-lessee, as the case may be.

Explanation II.--"Premises belonging to the Government or a local authority" shall, notwithstanding anything contained in any judgment, decree or order of a court, not include a building erected on any land held by any person from the Government of a local authority by virtue of an agreement, a lease, license or grant although such land under the conditions of such agreement, lease, license or grant may continue to belong to the Government or a local authority.

Explanation III.--"Deemed rent on the date of commencement of this Act" shall be the rent calculated in the manner provided in section 7, together with revision, if any, as provided in section 9 and decreased in the case of premises constructed after the commencement of this Act at the same rate as the rate of enhancement stipulated in Schedule I to reflect the position on the date of the commencement of this Act.

Explanation IV.--"Date of completion of construction" shall be the date of completion as intimated to the concerned authority or of assessment to property tax, whichever is earlier, and, where the premises have been constructed in stages, the date on which the initial building was completed and an intimation thereof was sent to the concerned authority or was assessed to property tax, whichever is earlier.

Explanation V.--"Premises constructed'' shall include--

(i) re-building of more then seventy-five per cent. of an existing building:

(ii) additional construction to an existing building.

(2) Notwithstanding anything contained in sub-section (1) , in the Transfer of Property Act, 1882(4 of 1882) , the Code of Civil Procedure, 1908(16 of 1908) and any other law for the time being in force the Rent Authority shall have the jurisdiction to decide all disputes relating to tenancies in respect of the premises referred to in clauses (c) to (i) of sub-section (1) .

4. Registration of tenancy agreements

(1) Notwithstanding anything contained in section 107 of he Transfer of Property Act, 1882(4 of1882) , no person shall, after the commencement of this Act, let or take on rent any premises except by an agreement in writing.

(2) Every agreement referred to in sub-section (1) or required to be registered under sub-section(3) shall be registered under the Registration Act, 1908(16 of 1908) , within such period as may be prescribed and for this purpose the agreement shall be deemed to be a document for which registration is compulsory under section 17 of the said Act.

(3) Where, in relation to a tenancy created before the commencement of this Act.?

(a) an agreement in writing was entered into and was not registered under the Registration Act, 1908(16 of 1908) , the landlord and the tenant shall jointly present a copy thereof for registration before the registering officer under the said Act;

(b) no agreement in writing was entered into, the landlord and the tenant shall enter into an agreement in writing with regard to that tenancy and present the same for registration before the registering officer under the said Act:

Provided that where the landlord and the tenant fail to present jointly a copy of tenancy agreement under clause (a) or fail to reach an agreement under clause (b) such landlord and the tenant shall separately file the particulars about such tenancy with the prescribed authority in such form and in such manner and within such period as may be prescribed.

5. Inheritability of tenancy

(1) In the event of death of a tenant, the right of tenancy shall devolve for a period of ten years from the date of his death to his successors in the following order, namely:--

(a) spouse;

(b) son or daughter or where there are both son and daugh?ter both of them;

(d) daughter-in-law, being the widow of his pre-deceased son:

Provided that the successor has ordinarily been living in the premises with the deceased tenant as a member of his family up to the dale of his death and was dependent on the deceased tenant:

Provided further that a right to tenancy shall not devolve upon a successor in case such successor or his spouse or any of his dependent son or daughter is owning or occupying a residential premises in the National Capital Terri?tory of Delhi.

(2) If a person, being a successor mentioned in sub-section (1) , was ordinarily living in the premises with the deceased tenant but was not dependent on him on the date of his death, or he or his spouse or any of his depen?dent son or daughter is owning of occupying a residential premises in the National Capital Territory of Delhi, such successor shall acquire a right to continue in possession as a tenant for a limited period of one year from the date of death of the tenant; and, on the expiry of that period, or on his death, whichever is earlier, the right of such successor to continue in posses?sion of the premises shall become extinguished.

Explanation.--

For the removal of doubts, it is hereby declared that--

(a) where, by reason of sub-section (2) , the right of any successor to continue in possession of the premises becomes extinguished, such extinguishment shall not affect the right of any other successor of the same category to continue in possession of the premises but if there is no other successor of the same category, the right to continue in possession of the premises 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 sub-section (1) to continue in possession of the premises shall be personal to him and shall not, on the death of such successor, devolve on any of his heirs.

(3) Nothing in sub-section (1) or sub-section (2) shall apply to a non-residential premises and the vacant possession of such premises shall be deli?vered to the landlord within one year?

(i) of the death of tenant, in case the tenant is an individual;

(ii) of the dissolution of the firm, in case the tenant is a firm;

(iii) of the winding up of the company, in case the tenant is a company;

(iv) of the dissolution of the corporate body other than a company, in case the tenant is such a corporate body.

6. Rent payable

(1) The rent payable in relation to a premises shall be?

(a) the rent agreed to between the landlord and the tenant as enhanced in the manner provided in Schedule I; or

(b) the standard rent specified under section 7,as revised under section 9.

(2) In the case of a tenancy entered into before the commencement of this Act, the landlord may, by notice in writing to the tenant within three months from the date of such commencement, enhance the rent as specified under section 7 and the rent so enhanced, shall be payable from the date of such commencement.

7. Standard rent

(1) "Standard rent", in relation to any premises, means the rent calculated on the basis of ten per cent. per annum of the aggregate amount of the cost of construction and the market price of the land comprised in the premises on the date of commencement of the con?struction:

Provided that the standard rent calculated as aforesaid shall be enhanced in the manner provided in Schedule I.

(2) For the purposes of this section,--

(a) cost of construction shall include cost of electrical fittings, water pumps, overhead water tanks, storage tanks and other water, sewerage and other fixtures and fittings in the premises;

(b) in case any fixtures and fittings referred to in clause (a) are in common use by more than one occupant in a building, such proportion of cost of the fixtures and fittings shall be included in the cost of construction of the premises as bears the proportion to the plinth area of such premises to the plinth area of that building;

(c) the cost of construction shall be the actual amount spent on construction, and in a case where such amount cannot be ascertained, such cost shall be determined as per the scheduled rates of the Central Public Works Department for cost of construction for similar construction for the year in which the premises was constructed;

(d) the market price of the land shall be the price for which the land was bought as determined from the deed of sale registered under the Registration Act, 1908(16 of 1908) , if construction commenced in the year of registration or the land rates notified by a local authority for the year in which construction was commenced, whichever is higher;

(e) the land comprised in the premises shall be the plinth area of the building and such of the vacant land up to fifty percent. of the plinth area as is appurtenant thereto;

(f) in a case where a premises forms part of a building having more than one premises, such proportion of price of land forming part of such building shall betaken to be the market price of the land comprised in the premises as is equal to the proportion of the plinth area of such premises to the plinth area of that building;

(g) notwithstanding anything contained in clauses (c) and (d) , the cost of construction and the market price of the land comprised in the premises purchased from or allotted by the Government or a local authority shall be the aggregate amount payable to such Government or the local authority for the premises:

Provided that the Rent Authority may, for the purpose of arriving at, the cost of construction and the market price of the land comprised in the premises, allow addition, subject to a maximum of thirty per cent. of amount payable to the Government or the local authority, to the amount so payable for any expenditure incurred by the landlord or by the first or any subsequent purchaser or allot tee for any improvement, addition or structural alternation in the premises.

8. Other charges payable

(1) A tenant shall be liable to pay to the landlord, besides the rent, the following charges, namely:--

(a) charges, not exceeding fifteen per cent. of the rent for the amenities as specified in Schedule II as agreed to between the landlord and the tenant;

(b) maintenance charges at the rate of ten per cent. of the rent;

(c) without prejudice to the liability of landlord to pay the property tax to the local authority, the pro rata property tax in relation to the premises.

Explanation.--

For the purpose of calculating the monthly charges payable by the tenant to the landlord towards the property tax, the amount paid or payable as property tax for the immediately proceeding year or the estimated tax payable shall form the basis.

(2) The landlord shall be entitled to recover from the tenant the amount paid by him towards charges for electricity or water consumed or other charges levied by a local or other authority which is ordinarily payable by the tenant.

9. Revision of rent in certain cases

(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 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 that improvement addition or alteration has not been taken into account in determining the rent of the premises, the landlord may lawfully increase the rent per year by an amount not exceeding ten per cent. of such cost.

(2) Where, after the rent of a premises has been fixed under this Act, or agreed upon, as the case may be, there has been a decrease, diminution or deterioration of accommodation in such premises, the tenant may claim a reduction in the rent

10. Notice of revision of rent

(1) Where a landlord wishes to revise the rent of any premises under sub-section (1) of section 9, he shall give the tenant a notice of his inten?tion to make the revision and, in so far as such revision is lawful under this Act, it shall be due and recoverable from the date of improvement, addition or structural alteration.

(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 inspection 106 of the Transfer of Property Act, 1882(4 of 1882) .

11. Rent Authority to fix standard rent, etc.

(1) The Rents Authority shall, on an application made to him in this behalf, in the prescribed manner, fix in respect of any premises--

(i) the deemed rent for the purpose of clause (c) of sub-section (1) of section 3;

(ii) the enhancement in rent in the manner provided in Schedule I;

(iii) the standard rent as per the provisions of section 7;

(iv) the other charges payable as per the provisions of section 8;and

(v) the revision in rent as per the provisions of sections 9;

Provided that it shall not be permissible for the landlord to apply for the fixation of standard rent as per the provisions of section 7 in the case of a tenancy entered into after the commencement of this Act.

(2) In working out the cost of construction of any premises or the market price of land comprised in such premises for the purposes of section 7 or the expenditure incurred for any improvement, addition or structural alteration or the decrease, diminution or deterioration of accommodation in a premises for the purpose of section 9, the Rent Authority may take the assis?tance of a prescribed value who shall carryout the assessment in the manner prescribed.

(3) In fixing the standard rent of any premises or the lawful increase or decrease of the rent or determining the other charges payable, the Rent Authority shall fix or determine an amount which appears to him to be reasonable having regard to the provisions of section 7 or section 9 or section8 and the ether circumstances of the case.

(4) In fixing the standard rent of any premises part of which has-been lawfully sub-let, the Rent Authority may also fix the standard rent of such part sub-let.

(5) Where for any reason it is not possible to determine the standard rent of any premises on the principles set forth inspection 7, the Rent Authority may fix such rent as would be reasonable having regard to the situa?tion, 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 rent payable in respect of such premises.

(6) 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 rent as the period of tenancy bears to twelve months.

(7) In fixing the standard rent of any premises under this section, the Rent Authority 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.

(8) In fixing the standard rent or lawful increase or decrease of rent or determining the other charges payable in respect of any premises under this section, the Rent Authority shall specify a date from which the amount so fixed shall be deemed to have effect:

Provided that, in the matter of standard rent, in no case the date so speci?fied shall be earlier than the date of the filing of the application for the increase or decrease of the standard rent:

Provided further that if the increase is because of improvement, addition or structural alteration, it shall come into effect from the date of completion of such improvement, addition or alteration.

(9) The Rent Authority may, while fixing standard rent or lawful increase or decrease in rent or other charges payable, order for payment of the arrears of amount due by the tenant to the landlord in such number of installments as he deems proper.

12. Fixation of interim rent

If an application for fixing the standard rent or for determining the lawful increase or decrease of rent or other charges payable is made under section 11, the Rent Authority shall, as expeditiously as possible, make an order specifying the amount to be paid pending final decision on the application and shall appoint the date from which the amount so specified shall be deemed to have effect.

13. Limitation for application for fixation of standard rent, etc

A tenant may file an application to the Rent Authority for fixing the standard rent of the premises and a landlord or a tenant may file application for determining the lawful increase or decrease of rent or other charges payable,--

(a) in the case of any premises which was let and in which the cause of action for lawful increase or decrease of rent or payment of other char?ges arose, before the commencement of this Act, within two years from such commencement;

(b) in the case of any premises which was let after the commence?ment of this Act,--

(i) for fixing the standard rent thereof, within two years from the date on which the premises was let;

(ii) in any other case, within two years from the date on which cause olfaction arose:

Provided that the Rent Authority 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.

14. 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 and other charges which exceeds the amount which he is entitled under this Act to realize from the tenant or tenants of the premises.

15. Receipt to be given for rent paid

(1) Every tenant shall pay rent and other charges payable with?in the time fixed by contract or in the absence of such stipulation, by the fifteenth day of the month next following the month for which it is pay-able and where any default occurs in the payment of rent or other charges, 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 and other charges payable is due to the date on which it is paid.

(2) Every tenant who makes payment of rent or other charges payable or advance towards such rent or other charges to his landlord shall be entitled, against acknowledgment, to obtain forthwith from the landlord or his authorized agent a written receipt for the amount paid to him, signed by the landlord or his authorized agent:

Provided that it shall be open to the tenant to remit the rent to his land-lord by postal money order.

(3) If the landlord or his authorized agent refuses or neglects to deliver to the tenant the receipt referred to in sub-section (2) , the Rent Authority 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 authorized agent, by order direct the landlord or his authorized agent to pay to the tenant, by way of damages, such sum not exceeding double the amount of rent or other charges paid by the tenant and the costs of the application and shall also grant a certificate to the tenant in respect of the rent or other charges paid.

(4) If the landlord or his authorized agent refuses to accept or evades acceptance of receipt of rent and other charges payable to him, the tenant may, by notice in writing, ask the landlord to supply him the particulars of his bank account in a bank located in the National Capital Territory of Delhi into which the tenant may deposit the rent and other charges payable to the credit of the landlord

(5) If the landlord supplies the particulars of his bank account, the tenant shall deposit the rent and other charges payable in such bank account from time to time.

(6) If the landlord does not supply the particulars of bank account under sub-section(4) , the tenant shall remit the rent and the other charges payable to the landlord from time to time through postal money order after deducting the postal charges.

16. Deposit of rent by tenant

(1) Where the landlord does not accept any rent and other charges payable tendered by the tenant within the time and the manner referred to in section 15 or refuses or neglects to deliver a receipt referred to therein or where there is a bonafide doubt as to the person or persons to whom the rent and other charges are payable, the tenant may deposit such rent and other charges payable with the Rent Authority in the prescribed manner:

Provided that in cases where there is a bonafide doubt as to the person or persons to whom the rent and other charges are payable, the tenant may remit such rent and other charges payable to the Rent Authority 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 and other charges payable are deposited with a description sufficient for identifying the premises;

(b) the period for which the rent and other charges payable are de-posited;

(c) the name and address of the landlord or the person or persons claiming to be entitled to such rent and other charges payable;

(d) the reasons and circumstances for which the application for depositing the rent and other charges payable is made;

(e) such other particulars as may be prescribed.

(3) On deposit of the rent and other charges payable being made, the Rent Authority shall send in the prescribed manner a copy of the application to the landlord or the persons claiming to be entitled to the rent and other charges payable with an endorsement of the date of the deposit.

(4) If an application is made for the withdrawal of any deposit of rent and other charges payable the Rent Authority shall, if satisfied that the applicant is the person entitled to receive the rent and other charges deposited, order the amount of the rent and other charges to the paid to him in the member prescribed;

Provided that no order for payment of any deposit of rent and other charges payable shall be made by the Rent Authority under this sub-section without giving all the persons named by the tenant in his application under sub-section (2) as claiming to be entitled to payment of such rent and other charges payable an opportunity of being heard and such order shall be without prejudice to the rights of such persons to receive such rent and other charges payable being decided by a court of competent jurisdic?tion.

(5) If at the time of filing the application section-section (4) but not after the expiry of thirty days from receiving the notice of deposit, the land? lord or the person or persons claiming to be entitled to the rent and other charges payable complains or complain to the Rent Authority that the statements in the tenant's application of the reasons and circumstances which led him to deposit the rent and other charges payable are untrue, the Rent Authority, 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 Rent Authority is satisfied that the said statements were materially untrue and may order that a sum out of the fine realized be paid to the landlord as compensation.

(6) The Rent Authority 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 Rent Authority is satisfied that the landlord, without any reasonable cause, refused to accept rent and other charges payable though tendered to him within the time referred to in section 15 and may further order that sum of fine realized be paid to the tenant as compensation.

17. Time limit for making deposit and consequences of incorrect particulars in application for deposit

(1) no rent and other charges deposited under section 16 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 15 for payment of the rent and other charges payable.

(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 and other charges payable, 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 and other charges payable are deposited within the time mentioned in sub-section (1) and do not cease to be a valid deposit for the reasons mentioned in sub-section (2) , the deposit shall constitute payment of rent and other charges payable to the landlord, as if the amount deposited had been validly tendered.

18. Saving as to acceptance of rent and other charges payable and forfeiture thereof in deposit

(1) The withdrawal of rent and other charges payable deposited under section 16 in the manner provided therein shall not operate as an admission against the person withdrawing it of the correctness of the rate of rent and other charges payable the period of default, the amount due, or of any other facts stated in the tenant's application for deposit?ing the rent and other charges payable under the said section.

(2) Any rent and other charges payable in deposit which are not withdrawn by the landlord or by the person or persons entitled to receive such rent and other charges payable shall be forfeited to Government by an order made by the Rent Authority, if they are not withdrawn before the expiration of five years from the date of posting of the notice or deposit.

(3) Before passing an order of forfeiture, the Rent Authority shall give notice to the landlord or the person or persons entitled to receive the rent and other charges in deposit by registered post at the last known address of such land?lord or person or persons and shall also publish the notice in his office and in any local newspaper.

19. Duties of landlord

(1) Subject to any contract in writing to the contrary, every landlord shall be bound to keep the premises in good and tenantable repairs in relation to matters falling under Part A of Schedule III.

Explanation.--

"Good and tenantable repairs" under this section and sec?tion 20 shall mean such repairs as shall keep the premises in the same condition in which it was let out except for the normal wear and tear.

(2) Where any repairs, in relation to a matter falling under Part A of Schedule III, without which the premises are not habitable or useable except with undue inconvenience are to be made and the landlord neglects or fails to make them within a period of three months after notice in writing in writing, the tenant may apply to the Rent Authority for permission to make such repairs himself and may submit to the Rent Authority an estimate of the cost of such repairs, and, thereupon, the Rent Authority may, after giving the landlord an opportunity of being heard and after considering such estimate of the cost and making such inquiries as it 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 from rent in any year shall not exceed one-half of the rent payable by the tenant for that year and any amount remaining not recovered in that year shall be deducted or recovered from rent in the subsequent years at the rate of not more than twenty-five per cent. of the rent for a month:

Provided further that where there are mere than one premises owned by a landlord in a building, the tenants thereof may jointly carry out the repairs and share the expenses proportionately.

(3) Nothing in sub-section (2) shall apply to a premises which?

(a) at the time of letting out was not habitable or useable except with undue inconvenience and the tenant had agreed to take the same in that condition;

(b) after being let out was caused to be not habitable or useable except with undue inconvenience by the tenant.

20. Duties of tenant

(1) Every tenant shall be bound to keep the premises in good and tenantable repairs in relation to matters falling under Part B of Schedule III.

(2) Where any repairs, in relation to a matter falling under Part B of Schedule III, without which the premises are not habitable or useable except with undue inconvenience, are to be made the tenant neglects or fails to make them within a period of two month after notice in writing, the landlord may apply to the Rent Authority for permission to make such repairs himself and may submit to the Rent Authority an estimate of the cost of such repairs, and, thereupon the Rent Authority may, after giving the tenant an opportunity of being heard and after considering such estimate of the cost and making such enquiries as he may consider necessary by an order in writing, permit the land?lord to make such repairs at such cost as may be specified in the order, and it shall thereafter be lawful for the landlord to make such repairs himself and to recover the cost of such repairs, which shall in no case exceed the amount so specified, from the tenant.

(3) The landlord or a person authorized by him shall have the right to enter and inspect the premises after notice to the tenant in the manner prescribed.

(4) The tenant shall make good all damages caused to the premises by his negligence within three months of being informed in writing to do so by the landlord failing which the landlord may apply to the Rent Authority for permission to make good the said damages and the Rent Authority shall decide the matter in the manner provided in sub-section (2) .

(5) The tenant shall hand over the possession of the premises on determination of tenancy in the same condition, except for the normal wear and tear, as it was in when it was handed over to him at the beginning of such tenancy and in a case where certain damages have been caused, not being damages caused by force majeur, the tenant shall make good the damages caused to the premises failing which the landlord may apply to the Rent Authority for permission to make good the said damages and the Rent Authority shall decide the matter in the manner provided in sub-section (2) .

(6) The tenant shall not, whether during the subsistence of tenancy or thereafter, demolish any improvement or alteration carried out by him in the premises or remove any material used in such improvement or alteration, other than any fixture of a removable nature, without the per?mission of the landlord failing which such demolition or alteration shall be deemed to be a damage caused by such tenant under sub-section (4) and shall be dealt with accordingly.

21. Cutting off or withholding essential supply or service

(1) No landlord or tenant, either by 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 or the landlord, as the case may be, in respect of the premises let to him, or as the case may be under his own occupation.

(2) If a landlord or a tenant contravenes the provisions of sub-section (1) , the tenant or the landlord, as the case may be, may make an application to the Rent Authority complaining of such contravention.

(3) If the Rent Authority is satisfied that the essential supply or service was willfully cut off or withheld, he may pass an order directing the restoration of the amenities immediately pending the inquiry ref?erred to in sub-section(4) .

Explanation--

An interim order may be passed under this sub-section without giving notice to the landlord or the tenant as the case may be.

(4) If the Rent Authority on inquiry finds that the essential supply or service enjoyed by the tenant or the landlord was cut off or withheld by the landlord or the tenant, as the case may be, willfully and without just and sufficient cause, he shall make an order directing the restoration of such supply or service.

(5) The Rent Authority shall complete an enquiry section-sec?tion (4) within a period of one month of filing of an application for enquiry unless the Rent Authority, for reasons to be recorded in writing decides that it is not possible to complete the enquiry within such period.

(6) The Rent Authority may, in his discretion, direct that compensation not exceeding one thousand rupees be paid to?

(a) the landlord or the tenant, as the case may be, by the complainant if the application under sub-section (2) was made frivolously or vexatiously;

(b) the complainant, if the landlord or the tenant, as the case may be, had cut off or withheld the supply or service without just and sufficient cause.

Explanation I .--

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 or the tenant, as the case may be, on account of which the essential supply or service is cut off by a local authority or any other agency.

22. 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 any court. Tribunal or Rent Authority' in favour of the landlord against a tenant save as provided in sub- section (2)

(2) The Rent Authority may, on an application made to him in the prescribed manner, make an order for the recovery of possession of the pre?mises 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 and other charges payable for two or more consecutive months legally recoverable from him within two months of the date on which a notice of demand for the arrears of such rent and other charges payable and interest at the r

23. Right to recover immediate possession of premises to accrue to certain persons

(1) Where a person in occupation of any residential premises allotted to him by the Government or any local authority is required by, or in pursuance of any general or special order made by that Gov?ernment or authority to vacate such residential accommodation, or in default to incur certain obligations, on the ground that he or his spouse or his dependent son or daughter, as the case may be, owns, in the National Capital Territory of Delhi a residential accommodation, there shall accrue, on and from the date of such order, to such person, his spouse or his dependent son or daughter, as the case may be, 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 immediate possession of any premises let out by him, his spouse or his dependent son or daughter, as the case may be:

Provided that nothing in this section shall be construed as conferring a right on such person, his spouse or his dependent son or daughter, as the case may be, owning, in the National Capital Territory of Delhi; two or more dwelling houses, to recover the possession of more than one dwelling house and it shall be lawful for such person, his spouse or his dependent son or daughter, as the case may be, to indicate the dwelling house possession of which he intended to recover.

Explanation.--

For the purposes of this sub-section, sections 24, 25and 26, immediate possession shall mean possession recoverable on the expiry of sixty days from the date of order of eviction.(2) Where a landlord exercises the right of recovery conferred on him by sub-section (1) or section22, 24, 25 or 26 and he had received,--

(a) any rent in advance from the tenant, he shall, within a period of ninety days from the dale of recovery of possession of the premises by him, refund to the tenant such amount as represents the rent payable for the unexposed 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 so received, as the unexposed portion of the contract, agreement or lease bears to the total period of contract, agreement or lease:

Provided 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 fifteen per cent. per annum on the amount which he has omitted or failed to refund;

Provided further that it shall be permissible for the landlord to set off any amount which he is lawfully entitled to recover from the tenant against the refund due to the tenant.

24. Right to recover immediate possession of premises to accrue to members of the armed forces, etc

(1) Where a person?

(a) is a released or retired person from any armed forces and the premises let out by him, his spouse or his dependent son or daughter, as the case may be, 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, his spouse or his dependent son or daughter, as the case may be, 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 this Act, whichever is later, apply to the Rent Authority for recovery of immediate possession of such premises.

(2) Whereas person 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, his spouse or his dependent son or daughter, as the case may be, are required for his own residence after his retirement, he, his spouse or his dependent sort or daughter, as the case may be, may, at any time, within a period of one year before the date of his retirement, apply to the Rent Authority for recovery of immediate possession of such premises.

(3) Where the person, his spouse or his dependent son or daughter referred to in sub-section (1) or sub-section (2) has let out more than one premises, it shall be open to him, his spouse or his dependent son or daughter, as the case may be, to make an application under the sub-section in respect of only one of the premises chosen.

Explanation.--

For the purposes 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) .

25. Right to recover immediate possession of premises to accrue to Central Government and State Government employees

(1) Whereas person is a retired employee of the Central Gov?ernment or of a State Government and the premises let out by him, his spouse or his dependent son or daughter are required for his own residence, such employee, his spouse or his dependent son or daughter, as the case may be, may, within one year from the date of his retirement or within a period of one year from the date of commencement of this Act, whichever is later, apply to the Rent Authority for recovery of immediate possession of such premises.

(2) Whereas person is an employee of the Central Government or of a State Government and has a period of less than one year preceding the date of his retirement and the premises let out by him or his spouse or dependent son or daughter are required by him for his own residence after his retirement, he, his spouse or his dependent son or daughter, as the case may be, may, at any time within a period of one year before the date of retirement, apply to the Rent Authority for recovery of immediate possession of such premises.

(3) Where the person, his spouse or his dependent son or daughter referred to in sub-section (1) or in sub-section (2) has let out more than one premises, it shall be open to him, his spouse or his dependent son or daughter, as the case may be, to make an application under section-section in respect of only one of the premises chosen.

26. Right to recover immediate possession of premises to accrue to widows, handicapped persons and old persons

(1) Where the landlord is?

(a) a widow and the premises let out by her, or by her husband,

(b) a handicapped person and the premises let out by him,

(c) a person who is of the age of sixty-five years or more and the premises let out by him,is inquired by her or him or for her or his family or for any one ordinarily living with her or him for residential or non-residential use, she or he may apply to the Rent Authority for recovery of 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 him to make an application under that sub-section in respect of any one residential and one non-residential premises each chosen by him.

Explanation I.--

For the purposes of this section, "handicapped person" shall mean a person who is as if being an assessed entitled for the time being to the benefits of deduction under section 80Uof the Income-tax Act, 1961(43of 1961) .

Explanation II.--

The right to recover possession under this section shall be exercisable only once in respect of each for residential and for non-residential use.

27. Payment of rent during eviction proceedings

(1) If, in any proceeding for the recovery of possession of any pre?mises on any ground other than that referred to in clause (a) of sub-section (2) of section 22, the tenant contests the claim for eviction, the landlord may, at any stage of the proceeding, make an application to the Rent Au?thority for an order on the tenant to pay to the landlord the amount of rent legally recoverable from the tenant and the Rent Authority may, after giving the parties an opportunity of being heard, make an order directing the tenant to pay to the landlord or deposit with the Rent Authority 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 fifteenth of each succeeding month, a sum equivalent to the rent at that rate.

(2) If, in any proceeding referred to in sub-section(1) ,there is any dispute as to the amount of rent payable by the tenant, the Rent Authority shall, within fifteen days of the date of the first hearing of the proceeding, fix an interim rent in relation to the premises to be paid or deposited in accordance with the provisions of sub-section(1) , until the rent in relation thereto is determined having regard to the provisions of this Act, and the amount of arrears, if any, calculated on the basis of the rent so determined 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 Rent Authority may allow in this behalf.

(3) If, in any proceeding referred to section-section (1) , there is any dis?pute as to the person or persons to whom the rent is payable, the Rent Autho?rity may direct the tenant to deposit with the Rent Authority the amount pay?able by him section-section (1) or sub-section(2) , as the case may be, and in such a case, no person shall be entitled to withdraw the amount in deposit until the Rent Authority decides the dispute and makes an order for payment of the same.

(4) If the Rent Authority is satisfied that any dispute referred to in sub?-section(3) has been raised by a tenant for reasons which are false or frivolous, the Rent Authority may order the defense against eviction to be struck out and proceed with the hearing of the application.

(5) If a tenant fails to make payment or deposit as required by this sec?tion, the Rent Authority may order the defense against eviction to be struck out and proceed with the hearing of the application.

28. 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, notwith?standing 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-lathe 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.

29. Notice of creation and termination of sub-tenancy

Where, 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 premises 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.

30. Sub-tenant to be tenant in certain cases

Where an order for eviction in respect of any premises is made under section 22 against a tenant but not against a sub-tenant referred to in section 29 and a notice of tenant-tenant has been given to the landlord, tenant-tenant shall, with effect from the date of the order, be deemed to have become a tenant holding the premises in his occupation 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.

31. 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 (r) of sub-section(2) of section 22, or under section 23, 24, 25, 26 or 33, the landlord shall not, except with the permission of the Rent Authority 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 Rent Authority may direct the landlord to put such evicted tenant in possession of the premises:

Provided that where a landlord recovers possession of any premises from the tenant in pursuance of an order made under clause (r) of sub-section (2) of section 22 for occupation after re-construction or re-building, the period of three years shall be reckoned from the date of completion of re-construc?tion or re-building, as the case may be.

(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 Rent Authority under sub-section(1) or the possession of such premises is transferred to another person for reasons which do not appear to the Rent Authority to be bona fide, the Rent Authority may, on an application made to 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 on the same terms and conditions if the premises are in the same form or on new terms and conditions if the premises have been re-constructed or re-built if he has not already built, acquired vacant possession of, or been allotted another premises or to pay him such compensation as the Rent Authority thinks fit or both, as the facts and circumstances of the case may warrant.

32. Recovery of possession for repairs and re-building and re-entry

(1) In making any order on the grounds specified in clause (e) , (f) , (g) , (h) or (i) of sub-section (2) of section 22, the Rent Authority shall fix the new rent and 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, and the date before which the landlord shall deliver the possession of the said premises.

(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 or building or re-building, place the tenant in occupation of the premises or part thereof before the date specified section-section (1) or such extended date as may be specified by the Rent Authority by an order.

(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 three months of the specified date, the Rent Authority 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 on the same terms and conditions and to pay to the tenant such compensation as the Rent Authority thinks fit.

(4) If the tenant has delivered possession on or before the date specified in the order and the landlord fails to place the tenant in occupation of the premises after repairs, building or re-building, as the case may be, in accordance with sub-section (2) , the Rent Authority 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 on revised terms and conditions and to pay to the tenant such compensation as the Rest Authority thinks fit.

33. 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 after obtaining the permission of the Rent Authority in the prescribed manner, lets the whole of the premises or part thereof as a residence for such period, not being more than five years, 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 22 or in any other law, the Rent Authority 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) The Rent Authority shall not--

(i) grant permission under sub-section(1) in relation to a premises consecutively more than two times except for good and sufficient reasons to be recorded in writing.

Explanation.--

A permission granted under sub-section(1) shall not be construed to be consecutive, if a period of five years or more has elap?sed after the expiry of the last limited period tenancy;

(ii) entertain any application from the tenant calling in question the bona fides of the landlord in letting the premises under this section.

(3) All applications made before the Rent Authority and appeals made before the Tribunal by the tenant shall abate on the expiry of period for which permission has been granted under sub-section (1) .

(4) While making an order under sub-section(1) , the Rent Authority may award to the landlord damages for the use or occupation of the premises at double the last rent paid by the tenant together with interest at the rate of fifteen per cent. per annum for the period from the date of such order till the date of actual vacation by the tenant.

34. 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 public institution, then, notwithstand?ing anything contained in section 22 or in any other law, the Rent Authority may, on an application made to him in this 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 Rent Authority is satisfied that--

(a) 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 and the premises are required for the use of employees of such landlord; or

(b) the tenant has acted in contravention of the terms, express or im?plied, under which he was authorized to occupy such premises; or

(d) the premises are required bonafide by the landlord for the use of employees of such landlord or, in the case of a public institution, for the furtherance of its activities.

Explanation.--

For the purposes of this section, "public institution" inclu?des any educational limitation, library, hospital and charitable dispensary but does not include any such institution set up by a private trust.

35. 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 cons?truct such additional structure and the Rent Authority, 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 Rent Authority may permit the landlord to do such work and may make such other order as he thinks fit in the circumstances of the case.

36. Special provision regarding vacant building sites

Notwithstanding anything contained in section 22,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 Rent Autho?rity, 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 the severance of the vacant land from the rest of the premises will not cause undue hardship to the tenant, the Rent Authority may--

(a) direct such severance;

(b) place the landlord in possession of the vacant land;

(d) make such other order as he thinks fit in the circumstances of the case.

37. Vacant possession to landlord

Notwithstanding anything contained in any other law, where the inte?rest of a tenant in any premises is determined for any reason whatsoever and any order is made by the Rent Authority under this Act for the recovery of possession of such premises, the order shall, subject to the provisions of section 30, 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 persons there from:

Provided that nothing in this section shall apply to any person who has an independent title to such premises.

38. Application of the Chapter

The provisions of this Chapter shall apply to all hotels and lodging houses in the areas which the Central Government may, by notification in the Official Gazette, specify. 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 from the opera?tion of this Chapter.

39. Fixing of fair rate

(1) Where the Rent Authority, 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 house 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 air rate, specify separately the rate for lodging, board or other services.

(2) In determining the fair rate section-section (1) , the Rent Authority 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 any general increase in the cost of living after that date.

40. Revision of fair rate

On a written application from the manager of a hotel or the owner of a lodging house or otherwise, the Rent Authority 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.

41. Charges in excess of fair rate not recoverable

When the Rent Authority 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 Rent Authority, withdraw from the lodger any concession or service allowed at the time when the Rent Authority determined the fair rate;

(c) 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 pre?judice to any other mode of recovery, be deducted by such lodger from any amount payable by him to such manager or owner.

42. Recovery of Possession by manager of 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 pos?session of the accommodation provided by him to a lodger on obtaining a certificate from the Rent Authority certifying--

(a) that the lodger has been guilty of conduct which is a nuisance or which causes annoyance to any adjoining or neighboring lodger.

Explanation.--

For the purposes of this clause, "nuisance" shall be deemed to include any act which constitutes an offence under the Immoral Traffic (Prevention) 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 Rent Authority;

(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 is 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.

43. Appointment of Rent Authorities and additional Rent Authorities

(1) The Central Government may, by notification in the Official Gazette, appoint as many Rent Authorities as it thinks fit; and define the local limits within which, or the hotels and lodging houses in respect of which, each Rent Authority, shall exercise the powers conferred, and per?form the duties imposed, on Rent Authorities by or under this Act and in respect of all tenancy matters relating to premises and tenancies covered under clauses (c) to (i) section-section (1) of section 3 by or under the Transfer of Property Act,1882(4 of 1882) .

(2) The Central Government may also, by notification in the Official Gazette, appoint as many additional Rent Authorities as it thinks fit, and an additional Rent Authority shall perform such of the functions of the Rent Authority as may, subject to the control of the Central Government, be assigned to him in writing by the Rent Authority and, in the discharge of these functions, an additional Rent Authority shall have and shall exer?cise the same powers and discharge the same duties as the Rent Authority.

(3) A person shall not be qualified for appointment as a Rent Authority or an additional Rent Authority unless he has for at least ten years held a judicial office in India or has for at least ten years been practicing as an advocate or a pleader in India.

44. Powers of Rent Authority

(1) The Rent Authority may?

(a) transfer any proceeding pending before him for disposal to any additional Rent Authority, or

(b) withdraw any proceeding pending before any additional Rent Authority and dispose it of himself or transfer the proceeding for dis?posal to any other additional Rent Authority.

(2) The Rent Authority 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;

(d) any other matter which may be prescribed, and any proceeding before the Rent Authority shall be deemed to be a judi?cial proceeding within the meaning of section 193 and section 228, and for the purpose of section 196, of the Indian Penal Code(45 of 1860) , and the Rent Authority shall be deemed to be a civil court for the purpose of section 195 but not for the purposes of Chapter XXVI of the Code of Criminal Procedure, 1973(2of 1973) .

(3) For the purposes of holding any inquiry or discharging any duty under this Act, the Rent Authority may,--

(a) after giving not less than twenty-four hours' notice in writing, enter and inspect or authorized 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 ins?pection all such accounts, books or other documents relevant to the inquiry at such time and at such place as may be specified in the order.

(4) The Rent Authority may, if he thinks fit, appoint one or more persons having special knowledge of the matter under consideration as an assessor or assessors to advise him on the proceeding before him.

(5) Any fine imposed by a Rent Authority under this Act shall be paid by the person fined within such time as may be allowed by the Rent Authority and the Rent Authority may, for good and sufficient reason, extend the time, and in default of such payment, the amount shall be re?coverable as fine under the provisions of the Code of Criminal Procedure, 1973(2 of 1974) , and the Rent Authority shall be deemed to be a magistrate under the said Code for the purposes of such recovery.

(6) An order made by a Rent Authority or the Tribunal under this Act or an order made by a Controller, or an order passed on appeal, under the Delhi Rent Control Act, 1958(59 of1958) shall be executable by a Rent Authority designated by the Tribunal in this behalf and for the purpose the Rent Authority so designated shall have all the powers of a civil court.

45. Procedure to be followed by Rent Authority

(1) No order which prejudicially affects any person shall be made by the Rent Authority under this Act without giving him a reasonable opportunity of showing cause against the order proposed to be made and until his objections, if any, and any evidence he may produce in support of the same have been considered by the Rent Authority.

(2) Subject to any rules that may be made under this Act and the other provisions of this Act, the Rent Authority 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) The Rent Authority shall not ordinarily allow more than three adjourn?ments at the request of a party throughout the proceedings and in case he decides to do so, he shall inform the Chairman the reasons therefore and order to pay the other party the reasonable cost.

(4) The Rent Authority shall issue summons in relation to every application under this Act in the form specified in Schedule IV.

(5) The Rent Authority shall, in addition to, and simultaneously with the issue of summons for service on the opposite party, also direct the summons to be served by registered post, acknowledgment due, addressed to the opposite party or his agent empowered to accept the service at the place where the opposite party or his agent actually and voluntarily resides or carries on business or personally works for gain and may, if the circum?stances of the case so require, also direct the publication of the summons in a newspaper circulating in the locality in which the opposite party is last known to have resided or carried on business or personally worked for gain.

(6) When an acknowledgment purporting to be signed by the opposite party or his agent is received by the Rent Authority 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 opposite party or his agent had refused to take delivery of the registered article, the Rent Authority may declare that there has been a valid ser?vice of summons.

(7) (a) An application under section 21shall be dealt with in accord?ance with the procedure specified in section-section.

(b) The Rent Authority shall commence the hearing of the application within seven days of the filing thereof and shall dispose of the same within thirty days of starting of such hearing, failing such commencement of hearing or disposal of application within such time, the Rent Authority shall inform the Chairman of the Tribunal the reasons therefore.

(8) (a) Every application by a landlord for the recovery of posses?sion of any premises on the ground specified in clause (c) or clause (j) or clause (r) of sub-section (2) of section 22, or under section 23, or under section 24, or under section 25, or under section 26, or under section 33,shall be dealt with in accordance with the procedure specified in section-section.

(b) The tenant on whom the summons is duly served (whether in the ordinary way or by registered post) in the form specified in Schedule IV shall not contest the prayer for eviction from the premises unless he files an affidavit stating the grounds on which he seeks to con?test the application for eviction and obtains leave from the Rent Authority 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.

(c) The Rent Authority 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 posses?sion of the premises.

(d) Where leave is granted to the tenant to contest the application, the Rent Authority shall ordinarily commence the hearing of the application within seven days of the grant of such leave and shall provide day to day hearing and shall dispose of the application within thirty days of starting of such hearing, failing such commencement of hearing or disposal of application within such time, the Rent Authority shall inform the Chairman of the Tribunal the reasons therefore.

(e) Where the leave to contest under clause (c) is denied to the tenant, he may file an application for review before the Rent Authority within ten days of such denial and the Rent Authority shall endeavourer to dispose of such application within seven days of its filing.

(9) Every application made to the Rent Authority shall be heard as expeditiously as possible and, subject to the provisions of sub-sections(7) and (8) , endeavourer shall be made to conclude the hearing and to dispose of the application within six months of it being filed.

(10) In all proceedings before him, the Rent Authority shall consider the question of costs and award such costs to or against any party as that Rent Authority considers reasonable.

46. Establishment of Delhi Rent Tribunal

The Central Government shall, by notification in the Official Gazette, establish a Tribunal, to be known as the Delhi Rent Tribunal, to exercise the jurisdiction, powers and authority conferred on it by or under this Act.

47. Composition of Tribunal and Benches thereof

(1) The Tribunal shall consist of a Chairman and such number of other Members, being not less than three, as the Central Government may deem fit and, subject to the other provisions of this Act, the jurisdiction, powers and authority of the Tribunal may be exercised by the Benches thereof.

(2) Subject to the other provisions of this Act, a Bench shall consist of one or more Members, as the Chairman may decide in accordance with the rules as maybe prescribed.

(3) Notwithstanding anything contained section-section (1) , the Chair?man may transfer other Member from one Bench to another Bench.

(4) Subject to the other provisions of this Act, the Benches of the Tribunal shall ordinarily sit at such places in the National Capital Territory of Delhi as the Central Government may, by notification in the Official Gazette, specify.

48. Qualifications for appointment as Chairman and Members

(1) A person shall not be qualified for appointment as the Chair?man unless he?

(a) is, or has been, a Judge of a High Court; or

(b) has, for at least three years, held the office of a Member; or

(c) is, or has been, a Member of the Indian Legal Service and has held, for at least three years, a post in Grade I of that Service; or

(d) has, for at least three years, held the post of a Secretary in the Law Department of a State Government.

(2) A person shall not be qualified for appointment as a Member, unless he?

(a) has, for at least eight years, held the post of Rent Authority; or

(b) has, for at least five years, held the post of a Direct Judge; or

(d) has, for at least two years, held the post of a Secretary in the Law Department of a State Government; or

(e) has, for at least ten years, been an Advocate.

(3) Subject to the provisions of sub-sections(4) and (5) , the Chairman and other Members of the Tribunal shall be appointed by the President of India after consultation with the Chief Justice of India.

(4) The Chairman and other Members shall be appointed by the President of India on the recommendation of a Selection Committee ap-pointed by the Central Government consisting of the following, namely:--

(a) Chief Justice of the High Court of Delhi or his nominee who shall be a sitting Judge of the High Court;

(b) Chairman of the Tribunal (except in case of the appointment of the Chairman) ;

(d) Secretary to the Government of India in the Ministry dealing with Urban Development;

(e) Chief Secretary to the Government of the National Capital Territory of Delhi.

(5) The Selection Committee shall recommend a person for appointment as Chairman or other Member from amongst the persons on the list of candidates prepared by the Ministry dealing with Urban Develop?ment in consultation with the Department dealing with Justice of the Government of India in accordance with the procedure as may be prescri?bed.

49. Term of office

The Chairman or any other Member shall hold office as such for a term of the five years from the date on which he enters upon his office, but shall be eligible for re-appointment for another term of five years:

Provided that no Chairman or any other Member shall hold office as such after he has attained,--

(a) in the case of the Chairman, the age of sixty-five years; and

(b) in the case of any other Member, the age of sixty-two years.

50. Senior most Member to act as Chairman or discharge his function in certain circumstances

(1) In the event of occurrence of any vacancy in the office of the Chairman by reason of his death, resignation or otherwise, the senior most Member shall act as Chairman until the date on which a new Chairman, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office.

(2) When the Chairman is unable to discharge his functions owing to his absence, illness or any other cause, the senior most Member shall discharge the functions of the Chairman until the date on which the Chairman resumes his office.

51. Salaries, allowances and other terms and conditions of ser?vices of Chairman and other Members

The salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman and other Members shall be such as may be prescribed:

Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairman or any other Members shall be varied to his disadvantage after his appointment.

52. Resignation and removal

(1) The Chairman or any other Member may, by notice in writ?ing under his hand addressed to the President of India, resign his office:

Provided that the Chairman or any other Member shall, unless he is permitted, by the President of India to relinquish his office sooner, con?tinue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.

(2) The Chairman or any other Member shall not be removed, from his office except by an order made by the President of India on the ground of proved misbehavior or incapacity after an inquiry made by a Judge of the Supreme Court in which such Chairman or other Member had been in?formed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

(3) The Central Government may, by rules, regulate the procedure for the investigation of misbehavior or incapacity of the Chairman or other Member referred to section-section (2) .

53. Provision as to the holding of offices by Chairman and Member on ceasing to be such Chairman or Member

On ceasing to hold office,--

(a) the Chairman of the Tribunal shall be ineligible for further employment either under the Government of India or under the Government of a State;

(b) a Member, other than the Chairman, of the Tribunal shall, subject to the other provisions of this Act, be eligible for appointment as the Chairman or Member of any other tribunal, but not for any other employment either under the Government of India or under the Government of a State;

Explanation.--

For the purposes of this section, employment under the Government of India in under the Government of a State includes employ?ment under any local or other authority within the territory of India or under the control of the Government of India or under any corporation or society owned or controlled by the Government.

54. Financial and administrative powers of Chairman

The Chairman shall exercise such financial and administrative powers over the Benches as may be prescribed:

Provided that the Chairman shall have authority to delegate such of his financial and administrative powers as he may think fit to any other Member or any officer of the Tribunal, subject to the condition that such Member or officer shall, while exercising such delegated powers, continue to act under the direction, control and supervision of the Chairman.

55. Staff of the Tribunal

(1) The Central Government shall determine the nature and catego?ries of the officers and other employees required to assist the Tribunal in the discharge of its functions and provide the Tribunal with such officers and other employees as it may think fit.

(2) The salaries and allowances and conditions of service of the officers and other employees of the Tribunal shall be such as may be prescribed.

(3) The officers and other employees of the Tribunal shall discharge their functions under the general superintendence of the Chairman.

56. Distribution of business among the Benches

The Chairman may make provisions as to the distribution of the business of the Tribunal among its Benches.

57. Jurisdiction, powers and authority of the Tribunal

(1) Save as otherwise expressly provided is this Act, the Tribunal shall exercise, on and from the date with effect from which it is established under section 46, all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court) in relation to?

(a) all appeals from the orders of the Rent Authority under this Act;

(b) any other matter arising from the provisions of this Act;

(2) The Tribunal may, either on its own motion or on application of any of the parties and after notice to the parties and after hearing such of them as it may desire to be heard, call for records of any case pending before the Rent Authority under this Act, and either itself try the case or give direction for disposal of the case by such Rent Authority.

(3) The Tribunal shall have powers to effect a conciliation between the parties in any case pending before it.

58. Power to punish for contempt

The Tribunal shall have, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself or of the Rent Au?thority under this Act as a High Court has and may exercise and, for this purpose, the provisions of the Contempt of Courts Act, 1971(70 of 1971) , shall have effect subject to the modification that--

(a) the references therein to a High Court shall be construed as including a reference to the Tribunal;

(b) in section 15 of the said Act, the references to the Advocate-General shall be construed as a reference to the Attorney-General or the Solicitor-General or the Additional Solicitor-General;

(c) in sections 6, 10, 11A, 12, 15 and 17 of the said Act, the references therein to subordinate Court or Court subordinate, shall be construed as including a reference to Rent Authority under this Act; and

(d) the references, in section 14 of the said Act, to Chief Justice, Judge or Judges shall be construed as including a reference to Chair? man, Member or Members.

59. Application to Tribunal

(1) Subject to the other provisions of this Act, a person aggrieved by any order pertaining to any matter within the jurisdiction of the Tribunal may make an application to the Tribunal for the redressal of his grievance.

(2) Every application under sub-section (1) shall be in such form and be accompanied by such affidavits, documents or any other evidence and by such fee in respect of the filing of such application and by such other fees for the service or execution of processes as may be prescribed.

(3) On receipt of an application section-section (1) , the Tribunal shall, if satisfied after such inquiry as it may deem necessary, that the application is a fit case for adjudication or trial by it, admit such application; but where the Tribunal is not so satisfied; it may summarily reject the application after recording its reasons.

60. Procedure of Tribunal

(1) The Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908(5 of 1908) , but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules made by the Central Government, the Tribunal shall have power to lay down and regulate its own procedure, including the fixing of places and times of its inquiry and deciding whether to sit in public or in private.

(2) The Tribunal shall decide every application made to it as expeditiously as possible and on a perusal of documents, affidavits and written representations and after hearing such oral arguments as may be advanced:

Provided that where the Tribunal deems it necessary, for reasons to be recorded in writing, it may allow oral evidence to be adduced.

(3) The Tribunal shall have, for the purposes of discharging its func?tions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908(5of 1908) , while 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;

(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872(1 of 1872) , requisitioning any public record or document or copy of such record or document from any office;

(e) issuing commissions for the examination of witnesses or documents;

(f) reviewing its orders and decisions;

(g) dismissing an application or appeal for default or deciding it ex parte;

(h) setting aside any order of dismissal of any application or appeal for default or any order passed by it ex parte;

(i) for the execution of its orders and decisions and orders and decisions of Rent Authority under this Act, like decree of a civil court without reference to any civil court; and

(j) any other matter which may be prescribed.

(4) No adjournment shall be granted by the Tribunal without record?ing the reasons justifying the grant of such adjournment in the case and costs shall be awarded, if a party asks for adjournment for third and subsequent times.

61. Appeal to the Tribunal

(1) Any person aggrieved by an order passed or a deci?sion made by the Rent Authority may, within thirty days from the date of such order or decision, prefer an appeal in writing to the Tri?bunal in the prescribed form and accompanied by a certified copy of the order or decision appealed against and by such fees as may be pres?cribed:

Provided that an appeal may be admitted, after the expiry of the said period of thirty days, if the appellant satisfies the Tribunal that he had sufficient cause for not preferring the appeal within the specified period,

(2) In computing the aforesaid period of thirty days, the time taken in obtaining a certified copy of the order or decision appealed against shall be excluded.

(3) An appeal shall lie to the Tribunal from every order or decision of Rent Authority made under this Act both on question of law and facts:

Provided that no appeal shall lie from an order or decision of the Rent Authority made under section 11, section 12, section 21or section 33 of this Act.

(4) On receipt of an appeal under sub-section (1) ,the Tribunal shall, if satisfied after such inquiry as it may deem necessary, that the appeal is a fit case for adjudication by it, admit such appeal; but where the Tribunal is not so satisfied, it may summarily reject the appeal after recording its reason.

(5) The Tribunal shall endeavour to dispose of an appeal against the order or decision of the Rent Authority under clause (e) ,clause (f) , or clause (r) section-section (2) of section 22or section 23, 24, 25,26 or 33 within one month of filing of such appeal.

62. Conditions as to making of interim orders

Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, no interim order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceeding relating to an application or appeal un?less--

(a) copies of such application or appeal and of all documents in support of the plea for such interim order are furnished to the party against whom such application is made or appeal is preferred; and

(b) opportunity is given to such party to be heard in the matter:

Provided that the Tribunal may dispense with the requirements of clauses (a) and (b) and make an interim order as an exceptional measure if it is satisfied, for reasons to be recorded in writing, that it is necessary so to do for preventing any loss being caused to the applicant or the appel?lant, as the case may be, which cannot be adequately compensated in money; but any such interim order shall, if it is not sooner vacated, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless the said requirements have been complied with before the expiry of that period and the Tribunal has continued the operation of the interim order.

63. Right of applicant to take assistance of legal practitioner

A person making an application or preferring an appeal to the Tribunal under this Act may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the Tribunal.

64. Power of Chairman to transfer cases from one Bench to another

On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Chairman may transfer any case pending before one Bench, for disposal, to any other Bench.

65. Decision to be by majority

The decision of a Bench consisting of more than one Member on any point shall, where there is a majority, be according to the opinion of the majority, and where there is no majority and the Members are equally divided in their opinion, they shall draw up a statement of the case setting forth the point or points on which they differ and make a reference to the Chairman, and on receipt of such reference, the Chairman may arrange for the hearing of such point or points by one or more of the other Members (including, if he did not preside over such Bench, himself) and such point or points shall be decided according to the opinion by the majority of the Members who have heard the case, including those who had first heard it.

66. Exclusion of jurisdiction of courts except the Supreme Court

On and from the date from which any jurisdiction, powers and authority becomes exercisable under this Act by the Tribunal in relation to any matter, no court (except the Supreme Court) shall have, or be entitled to exercise any jurisdiction powers or authority in relation to such matter.

67. Transfer of pending cases

On the commencement of this Act, all cases pertaining to the matters in respect of which the Tribunal shall have jurisdiction under this Act including the cases under the Transfer of Property Act, 1882(4 of 1882) in respect of premises and tenancies covered under clauses (c) to (i) of sub-section (1) of section 3and pending in the High Court and all cases pend?ing in the Rent Control Tribunal or additional Rent Control Tribunal constituted under the Delhi Rent Control Act, 1958(59 of 1958) shall stand transferred to the Tribunal and the Tribunal may proceed with the matter either de novo or from the stage it was so transferred.

68. Proceedings before the Tribunal to be judicial proceedings

All proceedings before the Tribunal shall be deemed to be judi?cial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code(45 of 1860) .

69. Members and staff of Tribunal to be public servants

The Chairman and other Members and the officers and other employees provided under section 55 to the Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code(45 of 1860) .

70. Protection of action taken in good faith

No suit, prosecution or other legal proceeding shall lie against the Central Government or against the Chairman or other Member of the Tribunal, or any other person authorized by such Chairman or other Member, for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made there under.

71. Criminal Jurisdiction of the Tribunal

(1) No court other than the Tribunal shall try any offence punishable under this Act.

(2) The Tribunal shall not take cognizance of an offence punishable under this Act, unless the complaint in respect of the offence has been made within three months from the date of the commission of the offence.

(3) Every complaint referred to in sub-section (2) shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to summon the accused and to give him notice of the offence alleged to have been com?mitted and to notify the Public Prosecutor to conduct the prosecution.

(4) The Tribunal shall observe the same procedure for the trial of offences under this Act as the High Court would observe if it were trying the case under section 474 of the Code of Criminal Procedure, 1973(2 of 1974) and for that purpose the Tribunal shall be deemed to be High Court under the said Code.

72. Amendment of orders

Clerical or arithmetical mistakes in any order passed by the Tri?bunal or Rent Authority or errors arising therein from any accidental slip or omission may, at any time, be corrected by the Tribunal or, as the case may be, the Rent Authority on an application received in this behalf from any of the parties or otherwise.

73. Finality of orders

Save as otherwise expressly provided in this Act, every order made by the Rent Authority 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.

74. Penalties

(1) In a case where the tenant applies for fixation of standard rent under section 11 for the premises the standard rent of which had been fixed in a previous tenancy under the Delhi Rent Control Act, 1958(59 of 1958) or under this Act, the landlord shall, on a request from the tenant intimate in writing to such tenant the standard rent so fixed and in case the landlord fails to do so, he shall be punishable with fine of one thousand rupees or double the standard rent, fixed in the previous tenancy, whichever is more.

(2) If any landlord or tenant contravenes the provisions of sub-section (1) of section 21, he shall be punishable with fine equivalent in amount to the rent for three months or with one month's imprisonment, or with both, and shall also be liable to fine of one hundred rupees for each day commencing on the date of cutting off or withholding essential supply or service till the date the essential supply or service is restored.

(3) 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 sub-section (2) of section 22, he shall be punishable with fine which may extend to five thousand rupees, or double the rent received by the tenant for sub-letting for every month till such time the cause of complaint ceases, whichever is more or with imprisonment for a term of one month.

(4) If any landlord makes a false statement in his affidavit under paragraph (i) of Explanation I to clause (r) of sub-section (2) of section 22, he shall be punishable with fine which may extend to five thousand rupees, or double the rent receivable for a period of three years in case it has been re-let, whichever is more.

(5) If any landlord re-lets the whole or any part of any premises in contravention of sub-section (1) of section 31, he shall be punishable with fine which may extend to five thousand rupees, or double the rent the landlord receives after re-letting whichever is more, or imprisonment which may extend to one month.

(1) Explanation.--For the purposes of this sub-section and sub-section (3) , in cases where it is difficult to prove the rent which the landlord or the tenant, as the case may be, is receiving after re-letting or sub-letting, the line may extend to five thousand rupees.

(6) If, after the tenant has delivered possession, the landlord fails to commence the work of repairs or building or re-building, as the case may be, within three months of the specified date under sub-section (3) of section 32, he shall be punishable with fine equivalent to rent for three months.

(7) It a landlord contravenes the provisions of sub-section (2) of section 32, he shall be punishable with fine which may extend to six months' rent of the premises.

(8) If a tenant fails to make re-entry under sub-section (2) of section 32 within three months from the date of the completion of repairs or building or rebuilding, as the case may be, intimated in writing by the landlord without reasonable excuse, he shall forfeit his right to re-entry and shall be punishable with fine equivalent to three months' rent of the premises.

75. Jurisdiction of civil courts barred in respect of certain matters

Save as otherwise expressly provided in this Act, no civil court shall entertain any suit or proceedings in so far as it relates to any matter to which this Act applies or to any other matter which the Rent Authority is empowered by or under this Act to decide, and no injunction in res?pect of any action taken or to betaken by the Rent Authority or the Tribunal under this Act shall be granted by any civil court or other authority.

76. Rent Authorities to be public servants

All Rent Authorities and additional Rent Authorities 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) .

77. Protection of action taken in good faith

No suit, prosecution or other legal proceeding shall lie against any Rent Authority or additional Rent Authority in respect of anything which is in good faith done or intended to be done in pursuance of this Act.

78. Special provision regarding decrees affected by the Delhi Tenants (Temporary Protection) Act, 1956 and the Delhi Rent Control Act, 1958

Where any decree or order for the recovery of possession of any premises to which the Delhi Tenants (Temporary Protection) Act, 1956(97 of 1956) or the Delhi Rent Control Act, 1958(59 of 1958) , applies is sought to be executed on the cesser of operation of any of those Acts in relation to those premises, the Rent Authority executing the decree or 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 the decree or order the Rent Authority may, having regard to the provisions of this Act, set aside the decree or order or pass such other order in relation thereto as he thinks fit.

79. Transfer of pending cases to Rent Authority

On the commencement of this Act, all cases pertaining to the matters in respect of which the Rent Authority shall have jurisdiction under this Act and pending before the Controller under the Delhi Rent Control Act, 1958(59 of 1968) or any other court shall stand transferred to the Rent Authority and the Rent Authority shall proceed with the matter either de novo or from the stage it was transferred.

80. Power of Central Government to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:

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

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

81. Power to make rules

(1) The Central Government may, by notification in the Official Gazette, make rules for the purpose of carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:--

(a) the period within which agreements shall be registered under, sub-section (2) of section 4;

(b) the authority before whom, the form and the manner in which and the period within which the landlord and the tenant shall separately file the particulars about the tenancy under the proviso to sub-section (3) of section 4;

(d) the values whose assistance may be taken by the Rent Authority and the manner of assessment to be carried out by him section-section (2) of section 11;

(e) the manner of depositing rent or other charges under sub?section (1) of section 16;

(f) the particulars under, clause (e) section-section (2) of section 16;

(g) the manner of sending copy of application to landlord under sub-section (3) of section 16;

(h) the manner in which the deposited rent or other charges to be paid to the applicant section-section (4) of section 16;

(i) the manner of giving notice to the tenant section-section (3) of section 20;

(j) the manner in which the application under sub-section(2) of section 22 shall be made to the Rent Authority;

(k) the manner in which a notice shall be given under proviso to clause (c) section-section (2) of section 22;

(l) the manner in which notices to the landlord shall be given by the tenant or sub-tenant under section 29;

(m) the manner in which permission of the Rent Authority shall be obtained by the landlord under section 31;

(n) the time within which applications to be made under sub-section (2) of section 31 or sub-section(3) and sub-section(4) of sec?tion 32;

(o) the manner in which the permission of the Rent Authority shall be obtained by the landlord under section 33;

(p) the time within which the application shall be made to the Rent Authority by the landlord under section 33;

(q) the powers of a civil court which may be vested in the Rent Authority under clause (d) section-section (2) of section 44;

(r) the number of Members in the Benches to be decided by the Chairman under sub-section(2) of section 47;

(s) the procedure in accordance with which a list of candidates shall be prepared by the Ministry dealing with Urban Development in consultation with the Department dealing with Justice of the Government of India section-section (5) of section 48;

(t) the salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman and other Members under section 51;

(u) procedure section-section (3) of section 52,for the inves?tigation of miss behavior or incapacity of the Chairman or other Mem?ber referred to section-section (2) of the said section;

(v) the financial and administrative powers of the Chairman under section 54;

(w) the salaries and allowances and conditions of service of the officers and other employees of the Tribunal under sub-section (2) of section 55;

(x) the form of application under sub-section(1) of section 50 and the affidavits, documents or any other evidence and the fee in respect of filing of the said application and the other fees for the service or execution of processes as mentioned in sub-section(2) of the said section;

(y) the matters to be prescribed under clause (j) section-section (3) of section 60;

(z) the form of appeal and the fee payable section-section (1) of section 61;

(za) any other matter which has to be, or may be, prescribed.

(3) ?Every rule made under this Act 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 session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions afore?said, 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.

82. Repeal and savings

(1) The Delhi Rent Control Act, 1958(59of 1958) ,is hereby repealed.

(2) Notwithstanding such repeal and subject to the provisions of section 67 and section 79 all cases and other proceedings under the said Act pending, at the commencement of this Act, shall be continued and disposed of in accordance with the provisions of this Act.

(3) Notwithstanding such repeal all leases relating to the premises taken by the Government on lease under section 47 of the Delhi Rent Cont?rol Act, 1958(59 of 1958) shall cease on the expiration of a period of six months from the date of commencement of this Act, unless sooner determined by the Govern?ment .

SCHEDULE I

[SEE SECTIONS 6 AND 7]

The rentenhan cable under clause (a) of sub-section(1) of section 6 or sub-section(1) of section 7, as the case may be, shall be calculated at the rates shown in column (2) of Table I given below, compounding on an yearly basis, with reference to the date of agreement in the case of rent agreed to between the landlord and the tenant, and the date of commencement of construction in the case of standard rent, to arrive at the rent payable for the period for which rent is to be determined:

Provided that the total amount of enhancement as so calculated till the commencement of this Act shall be restricted in respect of a premises on the basis of its size as indicated in column (1) of Table II to such percentage as is specified in the corresponding entry in column(2) of the said Table:

Provided further that the enhancement in the case of a tenancy entered into before the commencement of this Act shall be effected gradu?ally in five equal yearly installments:

Explanation.--

The base for calculation of annual enhancement of rent after the commencement of this Act shall be the rent payable in a year as if the total enhancement of rent due at the commencement of this Act came into effect immediately rather than gradually over a five year period, and such annual enhancement of rent shall be payable in addition to the graduated enhancement:

Provided also that in relation to a landlord, referred to in section 26, who is a widow, a handicapped person or a person of the age of sixty-five years or more, the enhancement of rent shall not be spread over a period of five years but shall come into force with immediate effect.

TABLE 1

Date of agreement/commencement of construction	Rate of enhancement of rent
(1)	(2)
1.	Up to 31st December, 1949 ...	Two per cent.
2.	On and from 1st January, 1950 to 31st December, 1960	Four per cent.
3.	On and from 1st January, 1961 to 31st December, 1970	Six per cent.
4.	On and from 1st January, 1971 to 31st December, 1994	(i) Eight per cent. for residential premises;
		(ii) ten per cent. for non-residential premises.
5.	On and from 1st January, 1995 onwards	Seventy-five per cent. of annual inflation rate based on Whole sale Price Index in the case of residential premises and hundred per cent. of such rate in the case of non-residential premises.

TABLE II

Size of premises (built-up area)	Permitted enhancement of rent
	(1)	(2)
1.	Residential premises of 25 square meters or less	Twenty-five per cent.
2.	Residential premises of more than 25 square meters but 40 square meters or less ...	Fifty per cent.
3.	Residential premises of more than 40 square meters but 80 square meters or less ......	Seventy-five per cent.
4.	Residential premises of more than 80 square meters	Hundred per cent.
5.	Non-residential premises ......
(irrespective of size)	Hundred per cent.

SCHEDULE II

[SEE SECTION 8]

1. Air conditioner.

2. Electrical hearer.

3. Water cooler.

4. Geyser.

5. Refrigerator.

6. Cooking range.

7. Furniture.

8. Garden meant to be used by the tanant exclusively.

9. Playground meant to be used by the tenant exclusively.

10. Sun-breakers.

SCHEDULE III

[SEE SECTIONS 19 AND 20]

A. Structural repairs to be got done by the landlord

1. Structural repairs, except those necessitated by damage caused by the tenant.

2. Whitewashing of walls and painting of doors and windows once in three years.

3. Changing and plumbing pipes, when necessary.

4. Internal and external wiring and related maintenance.

B. Day today repairs to be got done by the tenant

1. Changing of tap washers and taps.

2. Drain cleaning.

3. Water closet repairs.

4. Wash basin repairs

5. Bath tub repairs.

6. Geyser repairs.

7. Circuit breakers repairs.

8. Switches and sockets repairs.

9. Repairs and replacement of electrical equipment, except major internal and external wiring changes.

10. Kitchen fixtures repairs.

11. Replacement of knobs and locks of doors, cup-boards, windows, etc.

12. Replacement fly nets.

13. Replacement of glass panels in windows, doors, etc.

14. Maintenance of gardens and open spaces let-out to the tenant.

SCHEDULE IV

[SEE SUB SECTION (4) OF SECTION 45]

Form of Summons

(Name, description and place of residence of the tenant)

Where an Shri ----------------has filed an application, (a copy of which is annexed for--------on the grounds specified in section--------------

You are hereby summoned to appear before the Rent Authority within[51] days of the service hereof and file a reply within --------days in default whereof he matter shall be heard and disposed of exparte.

[52] You're to obtain the leave of Rent Authority to contest the application for eviction on the ground----------, 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 Rent Authority supported by an affidavit as is referred to in clause (b) section-section (7) of section 45.

Given under my hand and seal of the Rent Authority/additional Rent Authority:

This ___________ day of ________ 19__.

(Seal)

Rent Authority/

Additional Rent Authority.

[1] Came into force on 9-2-1959 ov vide S.O. 269, dated 31 January, 1959, published in the Gazette of India, Pt. II, Section 3 (ii) p. 331.

[2] Substituted by Act 18 of 1976, section. 2, for clause (1) (w.r.e.f. 1-12-1975).

[3] The word "or" omitted by Act 57 of 1988, section 2 (w.e.f. 1-12-1988).

[4] Added by Act 4 of 1963, section 2 (with retrospective effect).

[5] Inserted By Act 37 of 1988, section 2 (w.e.f. 1-12-1988).

[6] Substituted by Act 57 of 1988, Sec. 3, for "seven and one-half per cent." (w.e.f. 1-12-1988).

[7] Substituted by Act 57 of 1988, sec. 3, for "Reasonable" (w.e.f. 1-12-1988).

[8] Proviso omitted by Act 57 of 1988, sec. 3 (w.e.f. 1-12-1988).

[9] Substituted by Act 57 of 1988, Sec. 3, for "seven and one-half per cent." (w.e.f. 1-12-1988).

[10] Substituted by Act 57 of 1988, sec. 3, for "Reasonable" (w.e.f. 1-12-1988).

[11] Proviso omitted by Act 57 of 1988, sec. 3 (w.e.f. 1-12-1988).

[12] The word "and" omitted by Act 57 of 1988, sec. 3 (w.e.f. 1-12-1988).

[13] Inserted by Act 57 of 1988, sec. 3 (w.e.f. 1-12-1988).

[14] Inserted by Act 57 of 1988, sec. 4 (w.e.f. 1-12-1988).

[15] Substituted by Act 57 of 1988, Sec. 3, for "seven and one-half per cent." (w.e.f. 1-12-1988).

[16] Inserted by Act 87 of 1988, sec. 6 (w.e.f. 1-12-1988).

[17] Inserted by Act 57 of 1988, section. 7 (w.e.f. 1-12-1988).

[18] Clause (d) has been inserted by Act 57 of 1988, section. 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 been done by Act 57 of 1988. The irregularity has set right. (Ed.)

[19] Clause (d) has been inserted by Act 57 of 1988, section. 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 been done by Act 57 of 1988. The irregularity has set right. (Ed.)

[20] Inserted by Act 57 of 1988, section. 7 (w.e.f. 1-12-1988).

[21] The word "built" omitted by Act 57 of 1988, section. 8 (w.e.f. 1-12-1988).

[22] Inserted by Act 57 of 1988, section. 8 (w.e.f. 1-12-1988).

[23] Inserted by Act 18 of 1976, section. 5 (w.r.e.f. 1-12-1975).

[24] Inserted by Act 18 of 1976, section. 5 (w.r.e.f. 1-12-1975).

[25] Inserted by Act 18 of 1976, section. 5 (w.r.e.f. 1-12-1975).

[26] Inserted by Act 18 of 1976, section. 5 (w.r.e.f. 1-12-1975).

[27] Inserted by Act 57 of 1988, section. 10 (w.e.f. 1-12-1988).

[28] Section 21 renumbered as sub-section (1) thereof by Act 57 of 1988, section. 11 (w.e.f. 1-12-1988).

[29] Inserted by Act 57 of 1988, section. 11 (w.e.f. 1-12-1988).

[30] Inserted by Act 57 of 1988, section. 12 (w.e.f. 1-12-1988).

[31] Chapter IIIA (consisting of sections 25A to 25C inserted by Act 18 of 1976, section. 6 (w.r.e.f. 1-12-1975).

[32] Inserted by Act 57 of 1988, section. 13 (w.e.f. 1-12-1988).

[33] Inserted by Act 57 of 1988, section. 14 (w.e.f. 1-12-1988).

[34] Inserted by Act 57 of 1988, Section. 14 (w.e.f. 1-12-1988).

[35] Inserted. by Act 57 of 1988, Section. 14 (w.e.f. 1-12-1988).

[36] Inserted by Act 57 of 1988, section. 16 (w.e.f. 1-12-1988).

[37] Inserted by Act 37 of 1988, section. 2 (w.e.f. 1-12-1988).

[38] Section 39 omitted by Act 57 of 1988, section. 17 (w.e.f. 1-12-1988).

[39] Substituted by Act 37 of 1984, section. 3, for "the Tribunal" (w.e.f. 26-5-198).

[40] Substituted by Act 58 of 1960, section. 3 and Schedule II, for "Estate Officer to the Government of India" (w.e.f. 26-12-1960).

[41] Substituted by Act 58 of 1960, section. 3 and Schedule II, for "Estate Officer" (w.e.f. 26-12-1960).

[42] Substituted by Act 57 of 1988, sec. 19, for sub-section (3) (w.e.f. 1-12-1989).

[43] Substituted by Act 57 of 1988, sec. 19, for "magistrate of the first class" (w.e.f. 1-12-1988).

[44] Substituted by Act 57 of 1988, sec. 19, for "section 32 of the Code of Criminal Procedure, 1898 (5 of 1898)" (w.e.f. 1-12-1988).

[45] Substituted by Act 57 of 1988, sec. 19, for "magistrate of the first class" (w.e.f. 1-12-1988).

[46] Substituted by Act 57 of 1988, sec. 19, for "two thousand rupees" (w.e.f. 1-12-1988).

[47] Inserted by Act 57 of 1988, section. 20 (w.e.f. 1-12-1988).

[48] Clause (a) relettered as clause (aa) thereof by Act 57 of 1988, section. 20 (w.e.f. 1-12-1988).

[49] Substituted by Act 37 of 1984, section. 4, for sub-section (3) (w.e.f. 26-5-1984).

[50] Inserted by Act 18 of 1976, section. 7 (w.r.e.f. 1-12-1975).

[51] To be filled in.

[52] Strike off portion not applicable.

Notes:--

1.For cases covered under clauses (e) and (f) section-section (2) of section 22 and sections 23, 24, 25, 26 and 33 indicate fifteen days and for other cases indicate thirty days.

2.For only cases covered under clause (a) section-section (8) of section 45.

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DELHI RENT CONTROL ACT, 1958 [REPEALED]

PREAMBLE

Section 1 - Short title, extent and commencement

Section 2 - Definitions

Section 3 - Act not to apply to certain premises

Section 4 - Rent in excess of standard rent not recoverable

Section 5 - Unlawful changes not to be claimed or received

Section 6 - Standard rent

Section 6A - Revision of rent

Section 7 - Lawful increase of standard rent in certain cases and recovery of other charges

Section 8 - Notice of increase of rent

Section 9 - Controller to fix standard rent, etc.

Section 10 - Fixation of interim rent

Section 11 - Limitation of liability of middlemen

Section 12 - Limitation for application for fixation of standard rent

Section 13 - Refund of rent, premium, etc., not recoverable under the Act

Section 14 - Protection of tenant against eviction

Section 14A - Right to recover immediate possession of premises to accrue to certain persons

Section 14B - Right to recover immediate possession of premises to accrue to members of the armed forces, etc

Section 14C - Right to recover immediate possession of premises to accrue to Central Government and Delhi Administration employees

Section 14D - Right to recover immediate possession of premises to accrue to a widow

Section 15 - When a tenant can get the benefit of protection against eviction

Section 16 - Restrictions on sub-letting

Section 17 - Notice of creation and termination of sub-tenancy

Section 18 - Sub-tenant to be tenant in certain cases

Section 19 - Recovery of possession for occupation and re-entry

Section 20 - Recovery of possession for repairs and re-building and re-entry

Section 21 - Recovery of possession in case of tenancies for limited period

Section 22 - Special provision for recovery of possession in certain cases

Section 23 - Permission to construct additional structures

Section 24 - Special provision regarding vacant building sites

Section 25 - Vacant possession to landlord

Chapter IIIA - SUMMARY TRAIL OF CERTAIN APPLICATIONS

Section 25A - Provisions of this Chapter to have overriding effect

Section 25B - Special procedure for the disposal of applications for eviction on the ground of bona fide requirement

Section 25C - Act to have effect in a modified form in relation to certain persons

Section 26 - Receipt to be given for rent paid

Section 27 - Deposit of rent by the tenant

Section 28 - Time limit of making deposit and consequences of incorrect particulars in application for deposit

Section 29 - Saving as to acceptance of rent and forfeiture of rent in deposit

Section 30 - Application of the Chapter

Section 31 - Fixing of fair rate

Section 32 - Revision of fair rate

Section 33 - Charges in excess of fair rate not recoverable

Section 34 - Recovery of possession by manager or a hotel or the owner of a lodging house

Section 35 - Appointment of Controllers and Additional Controllers

Section 36 - Powers of controller

Section 37 - Procedure to be followed by Controller

Section 38 - Appeal to the Tribunal

Section 38A - Additional Rent Control Tribunals

Section 3B - Power of High Court to transfer appeals, etc.

Section 39 - [Omitted]

Section 40 - Amendment of orders

Section 41 - Controller to exercise powers of a magistrate for recovery of fine

Section 42 - Controller to exercise powers of civil court for execution of other orders

Section 43 - Finality of order

Section 44 - Landlord's duty to keep the premises in good repair

Section 45 - Cutting off or withholding essential supply or service

Section 46 - Landlord's duty to give notice of new construction to Government

Section 47 - Leases of vacant premises to Government

Section 48 - Penalties

Section 49 - Cognizance of offences

Section 50 - Jurisdiction of civil courts barred in respect of certain matters

Section 51 - Controllers to be public servants

Section 52 - Protection of action taken in good faith

Section 53 - Amendment of the Delhi Tenants Temporary Protection Act, 1956

Section 54 - Saving of operation of certain enactments

Section 55 - Special provision regarding decrees affected by the Delhi Tenants (Tem?porary Protection) Act, 1956

Section 56 - Power to make rules

Section 57 - Repeal and saving

Schedule I - FIRST SCHEDULE

Schedule II - SECOND SCHEDULE

Schedule III - THIRD SCHEDULE

Repealing Act 1 - THE DELHI RENT ACT, 1995

PREAMBLE

1. Short title, extent and commencement

2. Definitions

3. Certain provisions not to apply to premises

4. Registration of tenancy agreements

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