DELHI RENT CONTROL ACT
Section 21(1) Tenancies for limited period
- Where a landlord
- does not require the premises for a particular period
- and the landlord
- after obtaining permission of the Controller
- lets the premises as residence for a period
- agreed to in writing between the landlord and the tenant
- and the tenant does not vacate such premises
- on expiry of the said period
- then, notwithstanding section 14 or any other law
- Controller may
- on an application by the landlord within prescribed time
- place the landlord in vacant possession of the premises
- by evicting the tenant
- and every other person who may be in occupation
Section 21(2)
While making an order u/s 21(1):
- Controller may award to the landlord
- damages for use or occupation of the premises
- at such rates as he considers proper
- for the period
- from the date of such order
- till the date of actual vacation by the tenant
Section 25A This Chapter to have overriding effect
- Provisions of this Chapter
- or any rules made thereunder
- shall have effect
- notwithstanding anything inconsistent
- elsewhere in this Act or in any other law
Section 25B(1) Eviction for bona fide requirement
- Every application by a landlord
- for recovery of possession of any premises
- under clause (e) of proviso to section 14(1) or 14A to 14D
- shall be dealt with
- in accordance with procedure specified in this section
Section 25B(2)
- The Controller shall issue summons
- in relation to every such application
- in the form specified in the Third Schedule
Section 25B(3)
(a)
- In addition to and simultaneously with
- the issue of summons for service on the tenant
- Controller shall also direct the summons
- to be served by registered post, acknowledgement due
- addressed to the tenant or his agent
- at the place where he actually and voluntarily resides or carries on business or personally works for gain
- and may also direct publication of the summons
- in a newspaper circulating in the locality
- in which the tenant is last known to have resided or carried on business or personally worked for gain
(b)
- When an acknowledgement
- purporting to be signed by the tenant or his agent
- is received by the Controller or
- when the registered article is received back
- with an endorsement by a postal employee
- that tenant or his agent had refused to take delivery
- Controller may declare
- that there has been a valid service of summons
Section 25B(4)
- The tenant on whom summons is duly served
- whether in the ordinary way or by registered post
- shall not contest the prayer for eviction
- unless he
- files an affidavit stating grounds on which he seeks to contest the application
- and obtains leave from the Controller
- and in default of
- his appearance or his obtaining such leave
- 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
Section 25B(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 recovery of possession
- under clause (c ) of proviso to section 14(1) or u/s 14A
Section 25B(6)
- Where leave is granted to the tenant
- to contest the application
- Controller shall commence
- hearing of the application as early as practicable
Section 25B(8)
- No appeal or second appeal shall lie
- against an order for recovery of possession of any premises
- made by the Controller as per procedure in this section
Proviso
- High Court may
- for satisfying itself that
- an order made by the Controller under this section
- is according to law
- call for records of the case
- and pass such order as it thinks fit
Section 25B (9)
- Where no application has been made
- to the High Court on revision
- Controller may exercise powers of review
- in accordance with Order XLVII of CPC
Section 25B (10)
Save as otherwise provided in this Chapter:
- procedure for disposal of an application
- for eviction under clause (e) of proviso to section 14(1) or u/s 14A
- shall be the same as the procedure
- for disposal of applications by Controllers
Section 30 Application of the Chapter
- This Chapter shall apply
- to all hotels and lodging houses
- in areas which, immediately before 7th April 1958
- were included in New Delhi Municipal Committee, Municipal Committee Delhi and Notified Area Committee Delhi
- and may be applied by Central Govt by notification
- to hotels and lodging houses
- within such other urban areas of Municipal Corporation of Delhi
- as may be specified in the notification
Proviso
- If Central Govt is of opinion
- that it would not be desirable in public interest
- to make this Chapter applicable to any class of hotels or lodging houses
- it may, by notification, exempt
- such class of hotels or lodging houses
- from operation of this Chapter
Section 31(1) Fixing of fair rate
- Where the Controller has reason to believe
- on a written complaint or otherwise
- that charges for board, lodging or 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
Section 31 (2)
In determining such fair rate:
- Controller shall have regard
- to circumstances of the case
- to prevailing rate of charges during 12 months preceding 1st June 1951
- to any general increase in cost of living after that date
Section 33 Charges in excess of fair rate not recoverable
- When the Controller has determined
- fair rate of charges for a hotel or lodging house
(a)
- manager of the hotel or owner of the lodging house
- shall not charge any amount
- in excess of the fair rate and
- shall not withdraw from the lodger
- any concession or service allowed at the time when Controller determined the fair rate
- except with previous written permission of Controller
(b)
- any agreement for payment of any charges
- in excess of such fair rate
- shall be void in respect of such excess
Section 35(1) Appointment of Controllers
- Central Govt may, by notification
- appoint as many Controllers as it thinks fit
- and define
- the local limits within which
- the hotels and lodging houses in respect of which
- each Controller shall exercise his powers and perform his duties
Section 35(2)
- Central Government may also, by notification
- appoint as many additional Controllers as it thinks fit
- An additional Controller shall perform
- such functions of Controller
- as may be assigned to him in writing by the Controller
- In discharge of these functions
- an additional Controller shall have
- the same powers and duties as the Controller
Section 35 (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 or
- for at least seven years been practicing as an advocate in India
Section 36 (1) Powers of Controller
- Controller may
- transfer any proceeding pending before him
- for disposal to any additional Controller
- withdraw any proceeding pending before any additional Controller
- and dispose it off himself or
- transfer the proceeding for disposal to any other additional Controller
Section 36 (2)
- Controller shall have
- Powers of a civil court under CPC when trying a suit while
- summoning and enforcing attendance
- of any person and examining him on oath
- requiring discovery and production
- of documents
- issuing commissions
- for examination of witnesses
Section 36 (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 38(1) Appeal to Tribunal
- An appeal shall lie from every order of Controller
- only on questions of law
- to the Rent Control Tribunal
- consisting of one person only
- to be appointed by Central Govt by notification
- Providedthat no appeal shall lie
- from an order of the Controller made u/s 21
Section 38(2)
- Such appeal shall be preferred
- within 30 days from the date of order made by the Controller
- Providedthat Tribunal may entertain the appeal
- after 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
Section 38 (4)
- Tribunal may transfer
- on an application made to it or otherwise
- any proceeding
- pending before any Controller or additional Controller
- to another Controller or additional Controller
Section 38 (5)
- A person shall not be qualified
- for appointment to the Tribunal
- unless
- he is or has been a district judge or
- he has for at least ten years held a judicial office
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 (1) Landlords to keep the premises in good repair
- Every landlord shall be bound
- to keep the premises in good and tenantable repairs
Section 44 (2)
- If the landlord neglects or fails
- to make any such repairs
- within a reasonable time after notice in writing
- the tenant may
- make the same himself and
- deduct expenses of such repairs from the rent or
- otherwise recover them from the landlord
Proviso
- The amount so deducted or recoverable in any year
- shall not exceed one-twelfth of the rent
- payable by the tenant for that year
Section 44(3)
- Where any such repairs are to made
- without which the premises are not habitable or usable
- except with undue inconvenience
- and the landlord neglects or fails to make them
- after notice in writing
- the tenant may apply to the Controller
- for permission to make such repairs himself
- and may submit to the Controller
- an estimate of the cost of such repairs…
- and thereupon the Controller may
- after giving the landlord an opportunity of being heard
- and after considering such estimate of the cost
- and making such inquires as he may consider necessary
- permit the tenant to make such repairs
- at such cost as may be specified in the order
Proviso
- Amount so deducted or recoverable in any year
- shall not exceed one-half of the rent
- payable by the tenant for that year
- If any repairs not covered by the said amount
- are necessary in the opinion of Controller
- and the tenant agrees to bear the excess cost himself
- Controller may permit the tenant
- to make such repairs
Section 45(1) Cutting off essential supply or service
- No landlord shall cut off or withhold
- without just and sufficient cause
- any essential supply or service
- enjoyed by the tenant in respect of premises let to him
Section 45 (2)
If a landlord does so:
- the tenant may make an application
- to the Controller
- complaining of such contravention
Section 45(3)
- If Controller is satisfied
- that essential supply or service was cut off or withheld by the landlord
- with a view to compel the tenant
- to vacate the premises or
- to pay an enhanced rent
- Controller may pass an order
- directing the landlord to restore the amenities immediately
- pending inquiry under sub-section (4)
Section 45(4)
- If the Controller on inquiry finds
- that the essential supply or service enjoyed by the tenant
- 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
Section 45(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 was made frivolously or vexatioulsy
(b)
- be paid to the tenant by the landlord
- if the landlord had cut off or withheld the supply or service
- without just and sufficient cause
Explanation I
- “essential supply or service” includes
- supply of water , electricity
- lights in passages and on staircases
- conservancy and sanitary services
Explanation II
- Withholding any essential supply or service shall include
- acts or omissions attributable to the landlord
- on account of which essential supply or service is cut off
- by local authority or other competent authority
Section 48(1) Penalties
- If any person contravenes any provision of section 5
- he shall be punishable
(a) In case of a contravention of provisions of section 5(1)
- with simple imprisonment for a term which may extend to three months, or with fine which may extend to a sum which exceeds the unlawful charge claimed or received under sub-section by one thousand rupees, or with both
(b) In the case of a contravention of the provisions of sub-section (2) or sub-section (3) of section 5, with simple imprisonment for a term which may extend to six months, or with fine which may extend to a sum which exceeds the amount or value or unlawful charge claimed or received under the said sub-section (2) or sub-section (3), as the case may be, by five thousand rupees, or with both
Section 48(2)
- If any tenant sub-lets, assigns
- or otherwise parts with possession of the whole or part of any premises
- in contravention of
- clause (b) of proviso to section 14(1)
- he shall be punishable
- with fine upto 1000 rupees
Section 48(3)
- If a landlord re-lets or transfers any premises
- in contravention of section 19
- he shall be punishable with
- imprisonment upto six months or fine or both
Section 48(4)
If any landlord contravenes section 45(1)
- he shall be punishable with
- imprisonment upto three months or fine or both
Section 48(5)
If any landlord fails
- to comply with provisions of section 46
- he shall be punishable
- with fine upto one hundred rupees
Section 48(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(1) Cognizance of offences
- A court inferior to that of Metropolitan Magistrate
- shall not try any offence punishable under this Act
Section 49(2)
- A court shall not take cognizance
- of an offence punishable under this Act
- unless
- the complaint has been made
- within 3 months from the date of commission of offence
Section 49(3)
Notwithstanding anything in section 29 of CrPC:
- it shall be lawful for any Metropolitan Magistrate
- to pass a sentence of fine exceeding 5000 rupees
- on a person convicted of an offence punishable under this Act
Section 50(1) Jurisdiction of civil courts barred
Save a otherwise expressly provided in this Act:
- No civil court shall entertain any suit or proceeding
- on fixation of standard rent of any premises to which this Act applies
- or on eviction of any tenant there from
- or on any other matter which the Controller is empowered to decide
- and no injunction in respect of any action taken or to be taken by the Controller
- shall be granted by any civil court or other authority
Section 50(4)
- This section shall not prevent a civil court
- from entertaining any suit or proceeding for decision of
- any question of title to any premises to which this Act applies
- or any question as to the person who is entitled to receive rent of such premises
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