SectionsParticulars
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 cer...
Introduction
Most of the persons living in urban areas are somehow directly or indirectly affected by the law of rent control which is provincial in nature and it differs ...
1Short 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 th...
2Definitions
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 ...
3Act not to apply to certain premises
Nothing in this Act shall apply-(a) To any premises belonging to the Government; (Note: The word "or" omitted by Act 57 of 1988, sec.2 (w.e.f. 1-12-1988).(b) T...
Chapter II
4Rent 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, notwiths...
5Unlawful 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 cont...
6Standard 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 pr...
6A(Note: Ins. by Act 57 of w.e.f 1988, sec.4 (1-12-1988) Revision of rent.
Notwithstanding anything contained in this Act, the standard rent, or, where no standard rent is fixed under the provisions of this Act in respect of any prem...
7Lawful 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 wit...
8Notice 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 ...
9Controller to fix standard rent, etc
(1) The Controller shall, on an application made to him in this behalf, either by the landlord or by the tenant, in the prescribed manner, fix in respect of a...
10Fixation 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 expeditio...
11Limitation 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 amo...
12Limitation 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 r...
13Refund 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 cont...
Chapter III
14Protection 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 b...
14ARight to recover immediate possession of premises to accrue to certain persons
(1) Where a landlord who, being a person in occupation of any residential premises allotted to him by the Central Government or any local authority is require...
14BRight to recover immediate possession of premises to accrue to members of the armed forces, etc
(1) Where the landlord-(a) is a released or retired person from any armed forces and the premises let out by him are required for his own residence; or(b) is...
14CRight to recover immediate possession of premises to accrue to Central Government and Delhi Administration employees
(1) Where the landlord is a retired employee of the Central Government or of the Delhi Administration, and the premises let out by him are required for his o...
14DRight to recover immediate possession of premises to accrue to a widow
(1) Where the landlord is a widow and the premises let out by her, or by her husband, are required by her for her own residence, she may apply to the Controll...
15When 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, t...
16Restrictions 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 ...
17Notice of creation and termination of sub-tenancy
(1) Whoever, after the commencement of this Act, any premises are sub-let either in whole or in part by the tenant with the previous consent in writing of the...
18Sub-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 an...
19Recovery 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 s...
20Recovery 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 f...
21Recovery of possession in case of tenancies for limited period
(1) Where a landlord does not require the whole or any part of any premises for a particular period, and the landlord, after obtaining the permission of the C...
22Special 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 req...
23Permission 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 r...
24Special provision regarding vacant building sites
Notwithstanding anything contained in section 14, where any premises which have been let comprise vacant land upon which it is permissible under the building ...
25Vacant 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 m...
Chapter III A
25AProvisions 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 o...
25BSpecial procedure for the disposal of applications for eviction on the ground of bona fide requirement
(1) Every application by a landlord for the recovery of possession of any premises on the ground specified in clause (e) of the proviso to sub-section (1) of ...
25CAct 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...
Chapter IV
26Receipt to be given for rent paid
(1) Every tenant shall pay rent within the time fixed by contract or in the absence of such contract, by the fifteenth day of the month next following the mon...
27Deposit of rent by the tenant
(1) Where the landlord does not accept any rent tendered by the tenant within the time referred to in section 26 of refuses or neglects to deliver a receipt r...
28Time limit of making deposit and consequences of incorrect particulars is application for deposit
(1) No rent deposited under section 27 shall be considered to have been validly deposited under that section, unless the deposit is made within twenty-one day...
29Saving as to acceptance of rent forfeiture of rent in deposit
(1) The withdrawal of rent deposited under section 27 in the manner provided therein shall not operate as an admission against the person withdrawing it of th...
Chapter V
30Application 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 i...
31Fixing 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 ...
32Revision 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...
33Charges 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 ...
34Recovery of possession by manager or a hotel or the owner of a lodging house
Notwithstanding anything contained in this Act, the manager of a hotel or the owner of a lodging house shall be entitled to recover possession of the accommod...
Chapter VI
35Appointment 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 wh...
36Powers 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 ...
37Procedure 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 caus...
38Appeal to the Tribunal
(1) An appeal shall lie from every order of the Controller made under this Act [only on questions of law] to the Rent Control Tribunal (hereinafter referred...
38AAdditional Rent Control Tribunals
(1) For the expeditious disposal of appeals and applications under section 38, the Central Government may, by notification in the Official Gazette, constitute...
38BPower 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 Additio...
39Section 39 omitted by Act 57 of 1988, sec.17 1-12-1988)
40Amendment 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 accidenta...
41Controller to exercise powers of a magistrate for recovery of fine
Any fine imposed by a Controller under this Act shall be paid by the person find witnessed such time as may be the Controller and the Controller may, for good...
42Controller 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...
43Finality 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 ...
Chapter VII
44Landlords 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 ...
45Cutting 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...
46Landlord'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, giv...
47Leases 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 i...
48Penalties
(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 (...
49Cognizance of offences
(1) No court inferior to that of [Metropolitan Magistrate] shall try any offence punishable under this Act.(2) No court shall take cognizance of an offences p...
Chapter VIII
50Jurisdiction 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...
51Controllers 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 Pen...
52Protection 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...
53Amendment of the Delhi Tenants Temporary Protection Act, 1956
54Saving of operation of certain enactment's
 Nothing in this Act shall affect the provisions of the Administration of Evacuee Property Act, 1950 (31 of 1950), or the Slum Areas (Improvement and Clearanc...
55Special provisions regarding decrees affected by the Delhi Tenants (Temporary Protection) Act, 1956
Where any decree or order for the recovery of possession of any premises to this the Delhi Tenants (Temporary Protection) Act, 1956 (97 of 1956), applies is s...
56Power to makes rules
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.(2) In particular, and without preju...
57Repeal 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) Notwithstand...
SchedulesThe First Schedule
The urban areas within the limits of the Municipal Corporation of Delhi to which the Act extendsThe areas which, immediately before the 7th April, 1958, were ...
The Second Schedule
Basic Rent  1. In this Schedule, "basic rent" in relation to any premises let out before the 2nd June, 1944, means the original rent of such premises referred...
The Third Schedule
Form of summons in a case where recovery of possession of premises is prayed for on the ground of bona fide requirement or under Section 14ATo [Name, descript...
RulesChapter I
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 Ac...
Chapter II
APPLICATION TO THE CONTROLLER(1) Every application to the Controller under section 9, section 13, section 14 or sub-section (1) of section 19 shall be in Form...
Chapter III
RECEIPT AND DEPOSIT OF RENTA receipt required to be given by the landlord or his authorized agent under sub-section (2) of section 26 in respect of rent paid ...
Chapter IV
HOTEL AND LODGING HOUSESAn application by the manager of a hotel or the owner of a lodging house for a certificate under section 34 shall contain the grounds f...
Chapter V
APPEAL AND TRANSFER APPLICATION (1) Every appeal to the Rent Control Tribunal under section 38 shall be preferred in the form of memorandum signed by t...
Chapter VI
PROCESS 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 Cour...
Chapter VII
NOTICESA notice creation or termination of sub-tenancy required under section 17 shall be in Form ‘E’.Unless otherwise provided by the Act, any notice or inti...
Chapter VIII
MISSCALLANEOUSIn deciding any question relating to procedure not specifically provided by the Act and these rules the Controller and the Rent Control Tribunal...
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