DELHI RENT
CONTROL RULES, 1959[1] In exercise of the
powers, conferred by section 56 of the Delhi Rent Control Act, 1958 (59 of
1958), the Central Government hereby makes the following rules : Chapter I PRELIMINARY These rules may be called the Delhi Rent Control
Rules, 1959. In these rules, unless the context otherwise
requires: (a) "Act" means the Delhi Rent Control Act, 1958; (b) "form" means form appended to these rules; (c) "recognised agent" means a person holding a power
of attorney authorising him to act on behalf of his principal or an agent
empowered by written authority under the hand of his principal; (d) "section" means a section of the Act. [2][(e) "valuer" means a graduate in civil
engineering, architecture or town planning of a recognised university, or a
person who possesses a qualificatiojn recognised by the Central Government for
recruitment to superior services or posts under the Central Government in the
field of civil engineering, architecture or town planning; and (A) he must be a person formerly employed (a) in a post under Government as a Gazetted Officer; or (b) in a post under any other employer carrying a remuneration of
not less than Rs. 2000 per month, and, in either case, must have retired or
resigned from such employment after having rendered service for not less than
five years as a valuer, architect, or town planner, or in the field of
construction of building designing of structures, or development of land; or (c) as a professor, reader or lecturer in a university, college
or any other institution preparing students for a degree in civil engineering,
architecture or town planning or has retired or resigned from such employment
after having taught for not less than five years any of the subjects of
valuation, quantity surveying, building construction, architecture, or town
planning; or (B) he must have been in practice as a consulting engineer,
surveyor or architect for a period of not less than five years and must have in
the opinion of the Rent Controller acquired sufficient experience in any of the
following fields: (a) valuation of building and urban lands; (b) quantity surveying in building construction; (c) architectural or structural designing of building or town
planning; or (d) construction of buildings or development of land.] Chapter II APPLICATIONS TO THE CONTROLLERS (1) Every application to the Controller under Section 9, Section
13, Section 14 or sub- section (1) of Section 19 shall be in Form 'A'. (2) An application under Section 13 shall also give particulars
of the sum or consideration paid, the circumstances under which such payment
was made and the provisions of the Act, or of the Delhi Ajmer Rent Control Act,
1952, which has been contravened. (3) An application for permission to re-let premises under
sub-section (1) of Section 19 shall also state the ground on which the premises
are sought to be re-let in whole or in part. An application by a tenant under sub-section (2)
of Section 19 or under sub-section (3) of Section 20 for putting him in
possession of the premises or part thereof shall be made within six months from
the date on which the cause of action for re-entry arises and shall state the
grounds on which such possession is claimed. An application for recovery of possession under
Section 21 by the landlord shall be made within six months from the date of
expiry of the period of tenancy. An application not hereinbefore specified in
these rules shall, so far as may be, made in Form 'A' and shall state the
grounds on which it is made. (1) Every application under the Act shall be signed and verified
in the manner prescribed under Rules 14 and 15 of Order VI of the First
Schedule to the Code of Civil Procedure, 1908, and shall be presented by the
applicant or his recognised agent to the Controller. (2) Every such application shall be accompanied by a copy or
sufficient number of copies thereof for service on the respondent or
respondents mentioned therein. A party may appear before the Controller either
in person or by a recognised agent provided that if the Controller so directs
the party shall appear in person. (1) The report of valuation by a valuer in respect of the
premises shall be in Form 'F'. Fees. (2) The amount of fees to be paid to the valuer shall be such as
may be decided by the Rent Controller.][3] Chapter III RECEIPT AND DEPOSIT OF RENT A receipt required to be given by
the landlord or his authorised agent under sub-section (2) of Section 26 in respect
of rent paid for any premises shall be in Form 'B'. (1)
A deposit of rent under Section 27 shall be made in cash and shall
be accompanied by an application by the tenant in Form 'C. (2)
On such deposit being made, the Controller shall send a copy or
copies of the application accompanying the deposit, by registered post with
acknowledgement due, at the cost of the applicant, to the landlord or persons
claiming to be entitled to the rent with an endorsement or the date of the
deposit. The Controller shall order the
amount of rent deposited to be paid to the landlord or persons entitled to the
rent either in cash or by cheque. Subject to provisions of Section
29, all sums deposited shall be treated as Civil Court deposits and accounted
for and dealt with according to the rules of Civil Court deposits in force in
Civil Courts in Delhi. Chapter IV HOTELS AND LODGING HOUSES, An application by the manager of a hotel or the
owner of a lodging house for a certificate under Section 34 shall contain the
grounds for the recovery of possession from the lodger of accommodation
provided to him and shall be made in writing and accompanied by an affidavit in
support of the allegations contained therein. A certificate issued under Section 34 by the
Controller shall be sent to the manager of the hotel or the owner of the
lodging house concerned with a copy thereof to the lodger concerned by
registered post with acknowledgement due. The manager of every hotel or the owner of every
lodging house shall display a notice of the fair rates fixed by the Controller
and a copy of the relevant provisions of the Act and rules relating thereto in
a conspicuous manner in the hotel or lodging house, as the case may be. Every application to the
Controller under Chapter V of the Act including an application for certificate
under Section 34 shall be in form 'D' and shall be delivered to the Controller
either in person or through a recognised agent or sent to his office by
registered post. Chapter V APPEAL AND TRANSFER APPLICATION (1) Every appeal to the Rent Control Tribunal under Section 38
shall be preferred in the form of a memorandum signed by the appellant or his
recognised agent and presented either in person or through a recognised agent
to the Tribunal or to such officer as it may appoint in this behalf. (2) Every such memorandum shall be accompanied by a copy of the
order of the Controller appealed from and shall set forth concisely and under
distinct heads, the grounds of objection to the order appealed from without any
argument or narrative, and such grounds shall be numbered consecutively. An application for transfer of proceedings under
sub-section (4) of Section 38 shall be accompanied by an affidavit in support
of the allegations contained in the application. A party may appear before the Rent Control
Tribunal either in person or by a recognised agent provided that if the Rent
Control Tribunal so directs the party shall appear in person. Chapter VI FEES (1) Process fees for processes under the Act shall be levied as
prescribed in the rules made by the Punjab High Court under Section 20 of the
Court Fees Act, 1870, as to cost of processes in Civil Court. (2) For the purposes of this rule, the Court of the Controller
shall be deemed to be a Civil Court of Third Grade and the Court of the Rent
Control Tribunal shall be deemed to be a Civil Court of Second Grade. Chapter VII NOTICES A notice of the creation or
termination of sub-tenancy required under Section 17 shall be in Form 'E'. Unless otherwise provided by the
Act, any notice or intimation required or authorised by the Act to be served on
any person shall be served, - (a)
by delivering it to the person; or (b)
by forwarding it to the person by registered post with
acknowledgement due. Chapter VIII MISCELLANEOUS In deciding any question relating to procedure
not specifically provided by the Act and these rules, the Controller and the
Rent Control Tribunal shall, as far as possible, be guided by the provisions
contained in the Code of Civil Procedure, 1908. The Controller and Rent Control Tribunal shall
maintain such of the registers prescribed for use in Civil Courts in Delhi as
may be necessary.DELHI RENT CONTROL RULES,
1959
PREAMBLE