THE DELHI RENT ACT, 1995
ACT NO. 33 OF 1995
[23rd August, 1995.]
An Act to provide for the regulation of rents repairs and mainte-
nance 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:-
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title, extent and commencement.
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.
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(3) It shaft come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint.
2.
Definitions.
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;
(c) "fair rate" means 'the fair rate fixed under section 39
and includes the rate as revised under section 40;
(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 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) "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 outhouses if any,
appertaining 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
subsection (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;
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(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
termination 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 of 1976.)
(ii) any person to whom a licence as defined in section
52 of the Indian Easements Act, 1882 (5 of 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. (66 of 1957.)
3.
Certain provisions not to apply to premises.
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
grant 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
organisation as may be Specified by the Central Government by
notification in the Official Gazette;
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(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 (16 of
1908.) and not terminable before its expiration at the
option of the landlord.
Explanation I.-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 sublessee, as the case may be.
Explanation II.-"Premises belonging to the Government or a local
authority" shall, notwithstanding anything contained in any judgement,
decree or order of a court, not include a building 'erected on any
land held by any person from the Government or a local authority by
virtue of an agreement, a lease, licence or grant although such land
under the conditions of such agreement, lease, licence 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 on 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 than 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 (5 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).
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4.
Registration of tenancy agreements.
4. Registration of tenancy agreements. (1) Notwithstanding
anything contained in section 107 of the Transfer of Property Act,
1882, (4 of 1882.) 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.
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 daughter
both of them;
(c) parents;
(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
date 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 Territory 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 lie or his spouse or
any of his dependent son or daughter is owning or occupying a
residential premises in the
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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 possession 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 nonresidential premises and the vacant possession of such premises
shall be delivered 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.
CHAP
RENT
CHAPTER II
RENT
6.
Rent payable.
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.
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7.
Standard rent.
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 construction:
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
per cent. 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 be taken 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
(a), 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 allottee
for any improvement, addition or structural alternation in the
premises.
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8.
Other charges payable.
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 of payable as property tax for the immediately proceeding
year or the estimated tax payable shall form the basis.
(2) Th 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.
9. Revision of rent in certain cases. 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.
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 intention 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 in
section 106 of the Transfer of 'Property Act, 1882. (4 of 1882.)
11.
Rent authority to fix standard rent, etc.
11. Rent authority to fix standard rent, etc. (1) The Rent
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 section
9:
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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 assistance of a prescribed valuer who shall
carry out 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 section 8 and the other 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 in
section 7, the Rent Authority 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
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 specified 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
(late 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 instalments as it deems proper.
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12.
Fixation of interim rent.
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 appli-
cation 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.
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 charges 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
commencement 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 of action 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.
14. Limitation of liability of middlemen. No collector of rent
or middleman shall be liable to pay to Ms' 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 realise from the
tenant or tenants of the premises.
15.
Receipt to be given for rent paid.
15. Receipt to be given for rent paid. (1) Every tenant shall
pay rent and other charges payable within 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 payable 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 authorised agent a writen receipt for the amount
paid to him. signed by the landlord or his authorised agent:
Provided that it shall be open to the tenant to remit the rent to
his landlord by postal money order.
(3) If the landlord or his authorised 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 authorised agent, by order direct the
landlord or his authorised agent to pay to the tenant,
11
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 authorised 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.
16. Deposit of rent by tenant. (1) Where the landlord does no*
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
bona fide 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 bona fide 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 deposited;
(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 be paid to him in the manner prescribed:
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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 subsection (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 I
persons to receive such rent and other charges payable 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 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 satisfiend that the said statements were materially
untrue and may order that a sum out of the line realised 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 realised be paid to the tenant as
compensation
17.
Time limit for making deposit and consequences of
incorrectparticulars in application for deposit.
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 'tinder 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 wilfully 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
andforfeiture thereof in deposit.
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 1-6 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 depositing 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.
13
(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 landlord or person or persons and shall
also publish the notice in his office and in any local newspaper.
CHAP
REPAIRS OF' PREMISES
CHAPTER III
REPAIRS OF' PREMISES
19.
Duties of landlord.
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
section 20 shall mean such repairs as shall keep the premises in the
same coudition 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, 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 more than one premises
owned by a, landlord in a building, :he 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.
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 111, without which the premises are not habitable
or useable except with undue inconvenience, are to be made and the
tenant neglects or fails to
14
Make them within a period of two months 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 landlord 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 authorised 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 Ms 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 permission 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.
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 Ms 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 wilfully cut off or withheld, it may pass an order
directing the restoration of 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 or the tenant, as the
case may be,
15
(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, wilfully
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 under sub-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.
CHAP
PROTECTION OF TENANTS AGAINST EVICTION
CHAPTER IV
PROTECTION OF TENANTS AGAINST EVICTION
22.
Protection of tenant against eviction.
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 subsection (2).
(2) The Rent Authority may, on an application made to it 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 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 rate of fifteen per cent. for the period of
default has been served on, him by the landlord in the
manner provided in section 106 of the Transfer of Property
Act, 1882: (4 of 1882.)
Provided that a tenant shall not be entitled to the benefit
of service of notice by the landlord under this clause where,
having obtained
16
Such benefit once respect of any premises, he again makes a
default in the payment of rent and other charges payable in
respect of those premises;
(b) that the tenant has, on or after the 9th day of June,
1952, sub-let, 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.
Explanation.-For the purpose of this clause, 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 Rent Authority 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;
(c) that the tenant has used the premises for a purpose
other than that for which they were let-
(i) if the premises have been let oft or after the 9th
day of June, 1952, without obtaining the consent in
writing of the landlord;
(ii) the tenant has not been residing therein, without
obtaining his consent:
Provided that no application for the recovery of possession
of any premises shall he under this clause unless the
landlord has given to the tenant a notice in the prescribed
manner requiring him to stop the misuse of the premises and
the tenant has refused or failed to comply with such
requirement within one month of the date of service of the
notice and no order 'for eviction against the tenant shall be
made in such a case, unless the Rent Authority is satisfied
that the misuse of the premises is of such nature that it is
a public nuisance or that it causes damage to ,the premises
or is otherwise detrimental to the interests of the landlord;
(d) that the premises were let for use as; a residence
and-
(i) neither the tenant nor any member of his family
has been residing therein for a period of six months;
(ii) the tenant has not been residing therein, without
a reasonable cause for a period of two years.
immediately before the (late of the filing of the
application for the recovery of possession thereof :
Provided that the landlord may, on request in writing of the
tenant, permit occupancy of the premises by a person other
than the tenant or his family not exceeding the period of
tenancy.
Explanation.-For the purposes of this clause and clause (r),
"family" means parents, spouse, dependent sons and daughters
or such other relatives as are ordinarily living with the
tenant and are dependent upon him :
17
(e) that the premises or any part thereof have become
unsafe or unfit for human habitation and are required by the
landlord for carrying out repairs or re-construction which
cannot be carried out without the premises being vacated:
Provided that no order for the recovery of possession under
this clause, clause (g), clause (h) or clause (i) shall be
made unless the Rent Authority is satisfied that the plans
and estimates of such repairs or re-construction, as the case
may be, have been properly prepared and that the landlord has
the necessary means to carry out the said repairs or re-
construction:
Provided further that if the landlord proposes to change the
use of the premises after re-construction, then, he shall so
specify in his application for recovery of possession and,
after such reconstruction, the landlord shall, if it is
otherwise permissible under law, utilize the built up area
equal to the previous area for the original use to the extent
required for the purpose of sub-section (1) of section, 32
and the rest for any other use;
(f) that the premises or any part thereof are required by
the landlord for the purpose of immediate demolition ordered
by the Government or any local authority or the premises are
required by the landlord to carry out any building work at
the instance of the Government or a local authority in
pursuance of any Improvement scheme or development scheme and
that such building work cannot be carried out without the
premises being vacated;
(g) that the premises or any part thereof are required by
the landlord for carrying out any repairs which cannot be
carried out without the premises being vacated;
(h) that the premises are required by the landlord for the
purpose of building or re-building or make thereto any
substantial addition or alteration including construction on
the terrace or on the appurtenant land and that such building
or re-building or addition or alteration cannot be carried
out without the premises being vacated;
(i) that the premises consist of not more than two floors
and the same are required by the landlord for the purpose
of immediate demolition with a view to re-build the same.
Provided that where the building of which such premises or
premises possession in respect of which has been recovered
under clause (e). clause (f), clause (g) or clause (h) forms
apart has been re-built to an extent of less than seventy-
five per cent., a tenant so disposses sed shall have a right
to re-entry at the new terms of tenancy in a premises in
the re-built building equivalent in area to the original
premises for which he was a tenant;
(j) that the tenant, his spouse or a dependent son or
daughter ordinarily living with him has. whether before or
after the commencement of this Act, built or acquired vacant
possession of, or been allotted a residence:
18
Provided that the Rent Authority may in appropriate cases
allow the tenant to vacate the premises within such period as
he may permit but not exceeding one year from the date of
passing of orders of eviction;
(k) 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:
Provided that no order for the recovery of possession of any
premises shall be made on this ground if the Rent Authority
is of the opinion that there is any bonafide dispute as to
whether the tenant has ceased to be in the service or
employment of the landlord;
(l) that the tenant has, whether before or after the
commencement of this Act, caused or permitted to be caused
substantial damage to or such alteration of the premises as
has the effect of changing its identity or diminishing its
value.
Explanation.--For the purposes of this clause, "substantial
damage shall mean such damage as shall involve an expenditure
equivalent to six months' rent or more of the premises or
such less expenditure as the Rent Authority is satisfied,
keeping in view, the special nature of damage, justifies the
same to be treated as substantial damage for carrying out the
repairs for such damage:
Provided that no order for the recovery of possession of ally
premises, shall be made on the ground specified in this
clause, if the tenant, within such time as may be specified
in this behalf by the Rent Authority, carries out repairs to
the. damage caused to the satisfaction of the Rent Authority
or pays to the landlord such amount by way of compensation as
the Rent Authority may direct;
(m) that the 'tenant or any person residing with the tenant
has been convicted of causing nuisance or annoyance to a
person living in the neighbourhood of the premises or has
been convicted of using or allowing the use of the premises
for an immoral or illegal purpose;
(n) 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:
Provided that no order for the recovery of possession of any
premises shall be made on this ground if the tenant, within
such time as may be specified in this behalf by the Rent
Authority, complies with the condition imposed on the
landlord by any of the authorities referred to in this clause
or pays to the authority imposing such conditions the, amount
by Way of compensation as the Rent Authority may direct;
(o) that the tenant in his reply having denied the
ownership of landlord, has failed to prove it or that such
denial was not made in a bona fide manner,
19
(p) that the person in occupation of the premises has
failed to prove that he is a bona fide tenant;
(q) that the tenant after having agreed with or having
informed the landlord in writing the date to vacate the
premises does not do so on or after the date so agreed or
informed;
(r) that the premises let for residential or nonresidential
purposes are required, whether in the same form or after re-
construction ,or re-building, by the landlord for Occupation
for residential or nonresidential purpose for himself or for
any member of his family 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
accommodation:
Provided that where the landlord has acquired the premises by
transfer, no application for the recovery of possession of
such premises shall lie under this clause unless a period of
three years has elapsed from the date of the acquisition:
Provided further that where an order for the recovery of
possession of any premises is made on the ground specified in
this clause, the landlord shall be entitled to obtain
possession thereof on the expiration of a period of six
months in the case of residential premises and one year in
the case of non-residential premises from the date of passing
of eviction order.
Explanation I.-For the purposes of this clause and sections
23 to 26,-
(i) where the landlord in his application supported by
an affidavit submits that the premises are required by
him 'for occupation for himself or for any member of
his family dependent on him, the Rent Authority shall
presume that the premises are so required;
(ii) premises let for a particular use may be required
by the landlord for a different use if such use is
permissible under law.
Explanation II.-For the purposes of this clause or section
23, section 24, section 25 or section 26, an occupation by
the landlord of any part of a building of which any premises
let out by him forms a part shall not disentile him to
recovery the possession of such premises,
Explanation III.-For the purposes of this clause, "owner of
the premises" includes a person 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 sublessee, as the
case may be.
(3) In any proceeding for eviction under clause (e), (f), (g),
(h) or (r) of sub-section (2) of section 22 or section 23 or section
24 or section 25 or section 26, the Rent Authority may allow eviction
from only a part of the premises if the landlord is agreeable to the
same:
20
Provided that, in case of such part-eviction, the rent and other
charges payable by the tenant will be decreased in proportion to the
part vacated.
(4) No order for the recovery of possession in any proceeding
under sub-section (2) shall be binding on any sub-tenant referred to
in section 29 who has given notice of his sub-tenancy to the landlord
under the provision of that section, unless the sub-tenant is made a
party to the proceeding and the order for eviction is made binding on
him.
23.
Right to recover immediate possession of promises to accrue to certainpersons.
23. Right to recover immediate possession of promises 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 Government 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,
25 and 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 section 22, 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 date of recovery of possession
of the premises by him, refund to the tenant such amount as
represents the rent payable for the unexpired portion of the
contract, agreement or lease;
(b) any other payment, he shall, within the period
aforesaid, refund to the tenant a sum which shall bear the
same proportion to the total amount so received, as the
unexpired 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 :
21
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 membersof the
armed forces, etc.
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) Where a 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
son 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 at 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 to
CentralGovernment and State Government employees.
25. Right to recover immediate possession of premises to to
Central Government and State Government employees. (1) Where a
person is a retired employee of the Central Government 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) Where a 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
22
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.
26.
Right to recover immediate possession of premises to accrue to
widows,handicapped persons and old persons.
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 lot out by him,
is required 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 assessee entitled
for the time being to the benefits of deduction under section 80U of
the Income-tax Act, 1961. (43 of 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.
27. Payment of rent during eviction proceedings. (1) If, in any
proceeding for the recovery of possession of any premises 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
Authority 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 (7), 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
bearing 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
en which the standard rent is fixed or such further time as the Rent
Authority may allow in this behalf.
23
(3) If, in any proceeding referred to in sub-section (1), there
is any dispute as to the person or persons to whom the rent is
payable, the Rent Authority may direct the tenant to deposit with the
Rent Authority the amount payable by him under sub-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 subsection (3) has been raised by a tenant for reasons which are
false or frivolous, the Rent Authority may order the defence 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 section, the Rent Authority may order the defence against
eviction to be struck out and proceed with the hearing of the
application.
28.
Restrictions on subletting.
28. Restrictions on subletting. (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.
29.
Notice of creation and termination of subtenancy.
29. Notice of creation and termination of subtenancy. 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.
Subtenant to be tenant in certain cases.
30. Subtenant 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 the sub-tenancy has been given to the landlord, the sub-
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 hold from the landlord, if the tenancy had
continued.
31.
Recovery of possession for occupation and re-entry.
31. Recovery of possession for occupation and re-entry. (1)
When 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:
24
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-construction 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 subsection (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 rebuilding and re-entry.
32. Recovery of possession for repairs and rebuilding 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
winch he shall deliver possession so as to enable the landlord to
commence the work of repairs or 'building or rebuilding, is 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
in sub-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 in occupation of the premises on revised terms and
conditions and to pay to the tenant such compensation as the Rent
Authority thinks fit.
25
33.
Recovery of possession in case of tenancies for limited period.
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 elapsed after the expiry of the last limited
period tenancy;
(ii) entertain any application from the tenant calling in
question the bonafides of the landlord in letting the
premises under this secton.
(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.
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 of any public institution, 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 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 premise,, are required for the use of
employees of such landlord; or
(b) the tenant has acted in contravention of the terms,
express or implied, under which he was authorised to occupy
such premises ; or
(c) any other person is in unauthorised occupation of 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.
26
Explanation.-For the purposes of this section, "public
institution" includes any educational institution, library, hospital
and charitable dispensary but does no include any such institution set
up by a private trust.
35.
Permission to construct additional structures.
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 construct 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, Rent
Authority may permit the landlord to do such Work and may make such
other order as be thinks fit in the circumstances of the case.
36.
Special provision regarding vacant building sites.
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 Authority, on an application made to
him in this behalf by the landlord, is satisfied that the landlord is
ready and willing 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;
(c) determine the rent payable by the tenant in respect of
the rest of the premises; and
(d) make such other order as he thinks fit in the
circumstances of the case.
37.
Vacant possession to land lord.
37. Vacant possession to land lord. 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 Rent Authority tinder 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 therefrom:
Provided that nothing in this section shall apply to any person
who has an independent title to such premises.
CHAP
HOTELS AND LODGING HOUSES
CHAPTER V
HOTELS AND LODGING HOUSES
38.
Application of the Chapter.
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 operation of this Chapter.
27
39.
Fixing of fair rate.
39. Fixing of fair rate. (1) Where the Rent Authority, on a
written 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 fair rate, specify separately the rate for lodging,
board or other services.
(2) In determining the fair rate under sub-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.
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.
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 houses,-
(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 tile
previous Written permission of the Rent Authority, withdraw
from the lodger any concession or services allowed at the
time when Me Relic Authority 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 Ills 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.
42.
Recovery of possession by manager of a hotel or the owner of a lodginghouse.
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 possession of the accommodation provided by him to a lodger
on obtaining a certificate from the Rent Authority certifying---
(a) that the lodger has be6n guilty of conduct which is a
nuisance or which causes annoyance to any adjoining or
neighbouring 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;
28
(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.
CHAP
RENT AUTHORITIES
CHAPTER VI
RENT AUTHORITIES
43.
Appointment of Rent Authorities and additional Rent Authorities.
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 hotelsa and lodging
houses in respect of which, each Rent Authority, shall exercise the
powers conferred, and perform [lie 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) of sub-section
(1) of election 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 halve and shall exercise 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 practising as an advocate or a pleader in India.
44.
Powers of Rent Authority.
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 disposal 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;
(c) issuing commissions for the examination of witnesses;
(d) any other matter which may be prescribed,
and any proceeding before the Rent Authority shall be deemed to be a
Judicial 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
29
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. (2 of 1974.)
(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-flour 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 produle 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 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 recoverable 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 (2 of 1958.) 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.
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 If 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 adjournments at the request of a party throughout the
proceedings and in case he decides to do so, he shall inform the
Chairman the reasons therefor and order to pay the other party the
reasonable cast.
(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
30
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 circumstances 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 service of summons.
(7) (a) An application under section 21 shall be dealt with in,
accordance with the procedure specified in this sub-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 therefor.
(8) (a) Every application by a landlord for the recovery of
possession of any premises on the ground specified in clause (e) or
clause 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 sect-Ion 33, shall be dealt with in accordance with the
procedure specified in this sub-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 desentitle the landlord from obtaining an order for the
recovery of possession 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 therefor.
31
(e) Where the leave to contest under clause () 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
endeavour to dispose of such application within seven days of its
filing.
(9) Every application made to the Rent Authority shall be heard
as expeditiously or, possible and, subject lo the provisions of sub-
sections (7) and (8), endeavour 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.
CHAP
DELHI RENT TRIBUNAL
CHAPTER VII
DELHI RENT TRIBUNAL
46.
Establishment of Delhi Rent Tribunal.
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.
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 may be prescribed.
(3) Notwithstanding anything contained in sub-section (1), the
Chairman 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.
48. Qualifications for appointment as Chairman and Members. (1)
A person shall not be qualified for appointment as the Chairman 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 be-
(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 District
Judge; or
32
(c) is, or has been, a Member of the Indian Legal Service
in Grade I of that Service; or
(d) has, for at least two years, held the post of a
Secretary in me 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);
(c) Secretary to the Government of India in the Ministry
dealing with Legal Affairs;.
(d) Secretary to the Government of India in 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
Development in consultation with the Department dealing with Justice
of the Government of India in accordance with the procedure as may be
prescribed.
49.
Term of office.
49. Term of office. The Chairman or any other Member shall bold
office as such for a term of 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 functions incertain
circumstances.
50. Senior most Member to act as Chairman or discharge his
functions 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 seniormost 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 seniormost Member
shall discharge the function of the Chairman until the date on which
the Chairman resumes his office.
33
51.
Salaries allowances and other terms and conditions of services ofChairman
and other Members.
51. Salaries allowances and other terms and conditions of
services of Chairman and other Members. The salaries and allowances
payable to, the other terms and conditions of service (inmcluding,
pensions, gratuity and other retirement benefits) of, the Chairman and
other Mambers shall be such as may he 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.
52. Resignation and removal. (1) The Chair or any other Member
may, by notice in writing 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, continue 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 misbehaviour or incapacity after an inquiry made by a
Judge of the Supreme Court in which such Chairman or other Member had
been informed 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 misbehaviour or incapacity of the Chairman or
other Member referred to in sub-section (2).
53.
Provision as to the holding of offices by Chairman and Member onceasing
to be such Chairman or Member.
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 of under the Government of a State;
(c) the Chairman or other Member shall not appear, act or
plead before the Tribunal.
Explanation.--For the purposes of this section, employment under the
Government of India or under the Government of a State includes
employment 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.
34
54.
Financial ---------------------------Chairman.
54. Financial ---------------------------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 be 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.
55. Staff of the tribunal. (1) The Central Government shall
determine the nature and categories 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.
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.
57. Jurisdiction, Powers and Authority of the Tribunal. (1) Save
as otherwise expressly provided in this Act, the Tribunal shall
exercise, on and from the date with effect from which it is establish-
ed 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;
(c) review of its own orders and decisions.
(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.
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 Authority 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;
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(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 Chairman, Member or Members.
59.
Application to Tribunal.
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 or such
application and by such other fees for the service or execution of,
processes as may be prescribed.
(3) On receipt of an application under sub-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.
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 persual 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 functions under this Act, the same powers as are vested in a civil
court under the Code of Civil Procedure, 1908, (5 of 1908.) while
trying a suit, in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any parson
and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 12A 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;
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