DELHI RENT ACT, 1995
(1) This Act may be called the Delhi Rent Act, 1995.
(2) It extends to the areas included within the limits of the New Delhi Municipal Council and the Delhi Cantonment Board and to urban areas within the limits of the Municipal Corporation of Delhi for the time being :
Provided that the Central Government may, by notification in the Official Gazette, exclude any area from the operation of this Act or any provision thereof: Provided further that the Central Government may, by notification in the Official Gazette, exclude any premises or class of buildings from the operation of this Act or any provision thereof.
(3) It shall come into force on such date a s the Central Government may, by notification in the Official Gazette, appoint.
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 wo
(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
(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 sha
(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 dependant 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 depe
(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.
(1)"Standard rent", in relation to any premises, means the rent calculated on the basis of ten per rent, 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 purpose of this section,-
(a) cost of construction shall include cost of electrical fittings, water pumps, overhead water tanks, storage tank and other water, sewerage and other fixtures and fittings affixed 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 prop
(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 rota property tax in relation to the premises;
Explanation. For the purpose of calculating the monthly charges payable by the tenant to the landlord towards the property tax, the amount paid or payable as property tax for the immediately preceding year or the estimated tax payable shall form the basis.
(l)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.
(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).
(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:
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 commen
If an application for fixing the standard rent or for determining the lawful increase or decrease of rent or other charges payable is made under section 11, the Rent Authority shall, as expeditiously as possible, make an order specifying the amount to be paid pending final decision on the application and shall appoint the date from which the amount so specified shall be deemed to have effect.
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 another 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:
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No collector of rent or middleman shall be liable to pay to his principal, in respect of any premises, any sum by way of rental and other charges which exceeds the amount which he is entitled under this Act to realise from the tenant or tenants of the premises.
(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 written receipt for the amount paid to him, signed by the landlord or his authorised agent:
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(1) Where the landlord does not accept any rent and other charges payable tendered by the tenant within the time and the manner referred to in section 15 or refuses or neglects to deliver a receipt referred to therein or where there is a 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 premi
(1) No rent and other charges deposited under section 16 shall be considered to have been validly deposited under that section, unless the deposit is made within twenty-one days of the time referred to in section 15 for payment of the rent and other charges payable
(2) No such deposit shall be considered to have been validly made, if the tenant 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 o
(1) The withdrawal of rent and other charges payable deposited under section 16 in the manner provided therein shall not operate as an admission against the person withdrawing it of the correctness of the rate of rent and other charges payable the period of default, the amount due, or of any other facts stated in the tenants 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.
(3) Before passing an order of forfeiture, the Rent Authority shall give not
(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 condition in which it was let out except for the normal wear and tear
(2) Where any repairs, in relation to a matter falling under Part A of Schedule III, without which the premises are not habitable or usable 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 co
(1) Every tenant shall be bound to keep the premises in good and tenantable repairs in relation to matters falling under Part B of Schedule III.
(2) Where any repairs, in relation to a matter falling under Part B of Schedule III, without which the premises are not habitable or usable except with undue inconvenience, are to be made and the tenant neglects or fails to 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 a n order in writing, permit the landlord to make such repairs at such cost as may be specifi
(1) No landlord or tenant either by himself or through any person purporting to act on his behalf shall, without just and sufficient cause cut off or withhold any essential supply or service enjoyed by the tenant or the landlord, as the case may be, in respect of the premises let to him, or as the case may be, under his own occupation.
(2) If a landlord or a tenant contravenes the provisions of sub-section (1), the tenant or the landlord, as the case may be, may make an application to the Rent Authority complaining of such contravention.
(3) If the Rent Authority is satisfied that the essential supply or service was 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 inter
(1) Notwithstanding anything to the contrary contained in any other law or contract, no order or decree for the recovery of possession of any premises shall be made by any court, Tribunal or Rent Authority in favour of the landlord against a tenant save as provided in sub-section (2).
(2) The Rent Authority may, on an application made to 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 legany 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 ha
(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 front 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:
(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 has been killed in action and the premises let out by such members 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 front 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)
(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 dependant son or daughter, as the case may be, may, at any
(1) Where the landlord is-
(a) a widow and the premises let out by her, or by her husband.
(b) a handicapped person and the premises let out by him.
(c) a person who is of the age of sixty-five years or more and the premises let out by him, is 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.
(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 legany 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 legany 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
(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
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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.
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 held from the landlord, if the tenancy had continued.
(1) Where a landlord recovers possession of any premises from the tenant in pursuance of an order made under clause (r) of sub-section (2) of section 22, or under section 23,24,25,26 or 33, the landlord shall not, except with the permission of the Rent Authority obtained in the prescribed manner, re-let the whole or any part of the premises within three years from the date of obtaining such possession, and in granting such permission, the Rent Authority may direct the landlord to put such evicted tenant in possession of the premises :
Provided that where a landlord recovers possession of any premises from the tenant in pursuance of an order made under clause (r) of sub-section (2) of section 22 for occupation after reconstruction or rebuilding, the period of three years shall be reckoned from the date of completion of reconstruction or rebuilding, as the case may be.
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(1)In making any order on the grounds specified in clause (e), (f).(g). (h) or (i) or sub-section (2) of section 22 the Rent Authority shall fix the new rent and ascertain from the tenant whether he elects to be placed in occupation of the premises or part thereof from which he is to be evicted and if the tenant so elects, shall record the fact of the election in the order and specify therein the date on or before which he shall deliver possession so as to enable the landlord to commence the work of repairs or building or re-building, as the case may be and the date before which the landlord shall deliver the possession of the said premises.
(2) If the tenant delivers possession on or before the date specified in the order, the landlord shall, on the completion of the work of repairs or building or re-building, place the tenant in occupation of the premises or part thereof before t
(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 p
Where the landlord in respect of any premises is any company or other body corporate or 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 premises 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
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, the Rent Authority may permit the landlord to do such work and may make such other order as he thinks fit in the circumstances of the case.
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 by-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 hint in this behalf by the landlord, is satisfied that the landlord is ready and willing to commence the work and that the severance of the vacant land from the rest of the premises will not cause undue hardship to the tenant, the Rent Authority may
(a) direct such severance;
(b) place the landlord in possession of the vacant land;
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 under this Act for the recovery of possession of such premises, the order shall, subject to the provisions of section 30, be binding on all persons who may be in occupation of the premises and vacant possession thereof shall be given to the landlord by evicting all such persons therefrom:
Provided that nothing in this Section shall apply to any person who has an independent title to such premises.
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.
(1) Where the Rent Authority, on a written complaint or otherwise, has reason to believe that the charges made for board or lodging or any other service provided in any hotel or lodging house are excessive, he may fix a fair rate to be charged for board, lodging or other services provided in the hotel or lodging house and in fixing such 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 1 st day of June, 1951, and any general increase in the cost of living after that date.
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.
When the Rent Authority has determined the fair rate of charges in respect of a hotel or lodging house,
(a) the manager of the hotel or the owner of the lodging house, as the case may be, shall not charge any amount in excess of the fair rate and shall not, except with the previous written permission of the Rent Authority, withdraw from the lodger any concession or service allowed at the time when the Rent Authority determined the fair rate;
(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
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 been 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 reasonable 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 deem
(1) The Central Government may, by notification in the Official Gazette, appoint as many Rent Authorities as it thinks fit, and define the local limits within which, or the hotels and lodging houses in respect of which, each Rent Authority shall exercise the powers conferred, and perform the dudes 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 section 3 by or under the Transfer of Property Act, 1882 (4 of 1882).
(2) The Central Government may also, by notification in the Official Gazette, appoint as many additional Rent Authorities as it thinks fit and an additional Rent Authority shall perform such of the functions of the Rent Authority as may, subject to the control of the Central Government, be assigned to him in writing by the Rent Authority and in
(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
(1) No order which prejudiciany affects any person shall be made by the Rent Authority under this Act without giving hint a reasonable opportunity of showing cause against the order proposed to be made and until his objections, if any, and any evidence he may produce in support of the same have been considered by the Rent Authority.
(2) Subject to any rules that may be made under this Act and the other provisions of this Act, the Rent Authority shall, while holding an inquiry in any proceeding before him, follow as far as may be the practice and procedure of a court of small causes, including the recording of evidence.
(3) The Rent Authority shall not ordinarily allow more than three 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 ord
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.
(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
(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 he-
(a) has, for at least eight years, held the post of Rent Authority; or
(b) has, for at least five years, h
The Chairman or any other Member shall hold office as such for a term of five years front 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.
(1) In the event of occurrence of any vacancy in the office of the Chairman by reason of his death, resignation or otherwise, the senior most Member shall act as Chairman until the date on which a new Chairman, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office.
(2) When the Chairman is unable to discharge his functions owing to his absence, illness or any other cause, the senior-most Member shall discharge the functions of the Chairman until the date on which the Chairman resumes his office.
The salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman and other Members shall be such as may be prescribed:
Provided that neither the salary and allowances nor the other terms and conditions of service of the chairman or any other Member shall be varied to his disadvantage after his appointment.
(1) The Chairman or any other Member may, by notice in writing under his hand a 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
On ceasing to hold office
(a) the Chairman of the Tribunal shall be ineligible for further employment either under the Government of India or under the Government of a State;
(b) a Member, other than the Chairman, of the Tribunal shall, subject to the other provisions of this Act, be eligible for appointment as the Chairman or Member of any other tribunal, but not for any other employment either under the Government of India or under the Government of a State;
(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
The Chairman shall exercise such financial and administrative powers over the Benches as may be prescribed:
Provided that the Chairman shall have authority to delegate such of his financial and administrative powers as he may think fit to any other Member or any officer of the Tribunal, subject to the condition that such Member or officer shall, while exercising such delegated powers, continue to act under the direction, control and supervision of the Chairman.
(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.
The Chairman may make provisions as to the distribution of the business of the Tribunal among its Benches.
(1) Save as otherwise expressly provided in this Act, the Tribunal shall exercise, on and from the date with effect from which it is established under section 46, all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court) in relation to-
(a) all appeals from the orders of the Rent Authority under this Act;
(b) any other matter arising from the provisions of this Act;
(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 t
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 IS of the said Act, the references to the Advocate-General shall be construed as a reference to the Attorney-General or the Solicitor-General or the Additional Solicitor-General;
(c) in sections 6, 10, 11 A, 12, 15 and 17 of the safd Act, the references therein to subordinate court or court subordinate, shall be construed as including a reference to
(1) Subject to the other provisions of this Act, a person aggrieved by any order pertaining to any matter within the jurisdiction of the Tribunal may make an application to the Tribunal for the redressal of his grievance.
(2) Every application under sub-section (1) shall be in such form and be accompanied by such affidavits, documents or any other evidence and by such fee in respect of the filing of such application and by such other fees for the service or execution of processes as may be prescribed.
(3) On receipt of an application tinder 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.
(1) The Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules made by the Central Government, the Tribunal shall have power to lay down and regulate its own procedure including the fixing of places and times of its inquiry and deciding whether to sit in public or in private
.
(2) The Tribunal shall decide every application made to it as expeditiously as possible and on a perusal of documents, affidavits and written representations and after hearing such oral arguments as may be advanced:
Provided that where the Tribunal deems it necessary, for reasons to he recorded in writing, it may allow oral evidence to be adduced.
(1) Any person aggrieved by an order passed or a decision made by the Rent Authority may, within thirty days from the date of such order or decision, prefer an appeal in writing to the Tribunal in the prescribed form and accompanied by a certified copy of the order or decision appealed against and by such fees as may be prescribed:
Provided that an appeal may be admitted after the expiry of the said period of thirty days, if the appellant satisfies the Tribunal that he had sufficient cause for not preferring the appeal within the specified period
(2) In computing the aforesaid period of thirty days, the time taken in obtaining a certified copy or the order or decision appealed against shall be excluded.
(3) An appeal shall lie to the Tribunal front every order or decision of Rent Authority ma
Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, no interim order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceeding relating to, an application or appeal unless
(a) copies of such application or appeal and of all documents in support of the plea for such interim order are furnished to the party against whom such application is made or appeal is preferred; and
(b) opportunity is given to such party to be heard in the mater :
Provided that the tribunal may dispense with the requirements of clauses (a) and (b) and make an interim order as an exceptional measure if it is satisfied, for reasons to be recorded in writing, that it is necessary so to do for preventing any loss be
A person making an application or preferring an appeal to the Tribunal under this Act may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the Tribunal.
On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Chairman may transfer any case pending before one Bench, for disposal, to any other Bench.
The decision of a Bench consisting of more than one Member on any point shall, where there is a majority, be according to the opinion of the majority, and where there is no majority and the Members are equany divided in their opinion, they shall draw up a statement of the case setting forth the point or points on which they differ and make a reference to the Chairman, and on receipt of such reference, the Chairman may arrange for the hearing of such point or points by one or more of the other Members (including, if he did not preside over such Bench, himself)and such point or points shall be decided according to the opinion by the majority of the Members who have heard the case, including those who had first heard it.
On and from the date from which any jurisdiction, powers and authority becomes exercisable under this Act by the Tribunal in relation to any matter, no court (except the Supreme Court) shall have, or be entitled to exercise any jurisdiction, powers or authority in relation to such matter.
On the commencement of this Act, all cases pertaining to the matters in respect of which the Tribunal shall have jurisdiction under this Act including the cases under the Transfer of Property Act, 1882 (4 of 1882) in respect of premises and tenancies covered under clauses (c) to (i) of sub-section (1) of section 3 and pending in the High Court and all cases pending in the Rent Control Tribunal or additional Rent Control Tribunal constituted under the Delhi Rent Control Act, 1558 (59 of 1958) shall stand transferred to the Tribunal and the Tribunal may proceed with the matter either de novo or from the stage it was so transferred.
All proceedings before the Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860).
The Chairman and other Members and the officers and other employees provided under section 55 to the Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
No suit, prosecution or other legal proceeding shall lie against the Central Government or against the Chairman or other Member of the Tribunal, or any other person authorised by such Chairman or other Member, for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
(1) No court other than the Tribunal shall try any offence punishable under this Act.
(2) The Tribunal shall not take cognizance of an offence punishable under this Act, unless the complaint in respect of the offence has been made within three months from the date of the commission of the offence.
(3) Every complaint referred to in sub-section (2) shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to summon the accused and to give him notice of the offence alleged to have been committed and to notify the Public Prosecutor to conduct the prosecution.
(4) The Tribunal shall observe the same procedure for the trial of offences under this Act as the High Court would observe if it were trying the case un
Clerical or arithmetical mistakes in any order passed by the Tribunal or Rent Authority or errors arising therein from any accidental slip or omission may, at any time, be corrected by the Tribunal or, as the case may he, the Rent Authority on an application received in this behalf from any of the parties or otherwise.
Save as otherwise expressly provided in this Act, every order made by the Rent Authority or an order passed on appeal under this Act shall be final and shall not be called in question in any original suit application or execution proceeding.
(1)In a case where the tenant applies for fixation of standard rent under section 11 for the premises the standard rent of which had been fixed in a previous tenancy under the Delhi Rent Control Act, 1958 (59 of 1958) or under this Act, the landlord shall, on a request from the tenant intimate in writing to such tenant the standard rent so fixed and in case the landlord fails to do so, he shall be punishable with fine of one thousand rupees or double the standard rent fixed in the previous tenancy, whichever is more.
(2) If any landlord or tenant contravenes the provisions of sub-section (1) of section 21, he shall be punishable with fine equivalent in amount to the rent for three months or with one months imprisonment, or with both, and shall also be liable to fine of one hundred rupees for each day commencing on the date of cutting off or withholding essential supply or service t
Save as otherwise expressly provided in this Act, no civil court shall entertain any suit or proceedings in so far as it relates to, any matter to which this Act applies or to any other matter which the Rent Authority is empowered by or under this Act to decide, and no injunction in respect of any action taken or to be taken by the Rent Authority or the Tribunal under this Act shall be granted by any civil court or other authority.
All Rent Authorities and Additional Rent Authorities appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
No suit, prosecution or other legal proceeding shall lie against any Rent Authority or additional Rent Authority in respect of anything which is in good faith done or intended to he done in pursuance of this Act.
Where any decree or order for the recovery of possession of any premises to which the Delhi Tenants (Temporary Protection) Act, 1956 (97 of 1956) or the Delhi Rent Control Act, 1958 (59 of 1958), applies is sought to be executed on the cesser of operation of any of those Acts in relation to those premises, the Rent Authority executing the decree or order may, on the application of the person against whom the decree or order has been passed or otherwise, reopen the case and if it is satisfied that the decree or order could not have been passed if this Act had been in force on the date of the decree or order, the Rent/Authority may, having regard to the provisions of this Act, set aside the decree or order or pass such other order in relation thereto as he thinks fit.
On the commencement of this Act, all cases pertaining to the matters in respect of which the Rent Authority shall have jurisdiction under this Act and pending before the Controller under the Delhi Rent Control Act, 1958 (59 of 1958) or any other court shall stand transferred to the Rent Authority and the Rent Authority shall proceed with the matter either de novo or from the stage it was transferred.
(1) If any difficulty arises in giving effect to the provisions of this Art, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:
Provided that no order shall be made under this section after the expiry of two years from the commencement of this Act.
(2) Every order made under this Section shall, as soon as may be after it is made, be laid before each House of Parliament.
(1) The Central Government may, by notification in the Official Gazette, make rules for the purpose of carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely :
(a) the period within which agreements shall be registered under sub-section (2) of section 4;
(b) the authority before whom, the form and the manner in which and the period within which the landlord and the tenant shall separately file the particulars about the tenancy under the proviso to sub-section (3) of section 4;
(c) the manner of making application under sub-section (1) of section 11;
(d) the valuer w
(1) The Delhi Rent Control Act, 1958 (59 of 1958), is hereby repealed.
(2) Notwithstanding such repeal and subject to the provisions of section 67 and section 79 all cases and other proceedings under the said Act pending, at the commencement of this Act, shall be continued and disposed of in accordance with the provisions of this Act.
(3) Notwithstanding such repeal all leases relating to the premises taken by the Government on lease under section 47 of the Delhi Rent Control Act, 1958 (59 of 1958) shall cease on the expiration of a period of six months from the date of commencement of this Act, unless sooner determined by the Government.
SCHEDULE (See sections 6 and 7) SCHEDULE 1
(See sections 6 and 7)
The rent enhanceable under clause (a) of sub-section (1) of section 6 or sub-section (1) of section 7, as the case may be, shall be calculated at the rates shown in column (2) of Table I given below, compounding on an yearly basis, with reference to the date of agreement in the case of rent agreed to between the landlord and the tenant, and the date of commencement of construction in the case of standard rent, to arrive at the rent payable for the period for which rent is to be determined :
Provided that the total amount of enhancement as so calculated till the commencement of this Act shall be restricted in respect of a premises on the basis of its size as indicated in column (1) of Table II to such percentage as is specified i
SCHEDULE (See Section 8) SCHEDULE 2
(See Section 8)
1. Air conditioner.
2. Electrical Heater.
3. Water cooler.
4. Geyser.
5. Refrigerator.
6. Cooking range.
7. Furniture.
8. Garden meant to be used by the tenant exclusively.
9. Playground meant to be used by the tenant exclusively
10. Sun-breakers.
11. Usufructs, if any, enjoyed by the tenant.
SCHEDULE (See sections 19 and 20) SCHEDULE 3
(See sections 19 and 20)
A. Structural repairs to be got done by the landlord.
1. Structural repairs, except those necessitated by damage caused by the tenant.
2. Whitewashing of walls and painting of doors and windows once in three years.
3. Changing and plumbing pipes when necessary.
4. Internal and external wiring and related maintenance.
B. Day to day repairs to be got done by the tenant.
1. Changing of tap washers and taps.
2. Drain cleaning.
&nb
(See Sub-section (4)of section 45) SCHEDULE 4
(See Sub-section (4) of section 45)
Form of Summons
(Name, description and place of residence of the tenant)
Whereas Shri-------------has filed an application (a copy of which is annexed) for--------- on the grounds specified in section-----------
You are hereby summoned to appear before the Rent Authority within days of the service hereof and file a reply within days in default whereof the matter shall be heard and disposed of ex parte
You are to obtain the leave of the Rent Authority to contest the application for eviction an the ground, in default whereof, the applicant will be entitled at any time after the exp
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