DELHI AND AJMER-MERWARA RENT CONTROL ACT, 1947

Act No. 19 of 1947

24th March, 1947

An Act to provide for the control of rents and evictions, and for the lease to Government of premises upon their becoming vacant, in certain areas in the Provinces of Delhi and Ajmer-Merwara. WHEREAS it is expedient to provide for the control of rents and evictions, and for the lease to Government of premises upon then becoming vacant, in certain areas in the Provinces of Delhi and Ajmer-Merwara; It is hereby enacted as follows:--

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S.2 Definitions

In this Act, unless there is anything repugnant in the subject or context,--

• (a) "landlord" includes any person who for the time being is receiving or is entitled to receive the rent of any premises, whether on his own account or as an agent, 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;
• (b) "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 commercial use or for any other purpose, and includes--
  • (i) the garden, grounds and outhouses, if any, appertaining to such building or part of a building, and
  • (ii) any furniture supplied by the landlord for use in such building or part of a building, but does not include a room in a dharamshala, hotel or lodging house;
• (c) "standard rent", in relation to any premises, means--
  

S.3 Restriction of payments by way of rent

(1) Except where rent is liable to periodical increment by virtue of an agreement entered into before the 1st day of January, 1939, or where rent is payable under a lease entered into before the 1st day of January, 1939, which has not expired before the first day of the period for which the rent is claimed, no tenant shall, notwithstanding anything contained in any contract, be liable to pay to his landlord for occupation of any premises any sum in excess of the standard rent of those premises, unless such sum may lawfully be added to the standard rent in accordance with the provisions pf this Act.

(2) Any agreement for the payment of rent in excess of the standard rent shall be null and void and shall be construed as if it was an agreement for payment of the standard rent only.

S.4 Lawful increases of, or additions to, standard rent

(1) Where a part of the premises let for use has been sublet by the tenant then, without prejudice to the provisions of section 9,--

• (a) the landlord may increase the rent payable by the tenant--
  • (i) in the case of premises let for residential purposes by an amount not exceeding 12 1/2 per cent. of the standard rent of the part sublet; and
  • (ii) in the case of premises let for other purposes by an amount not exceeding 25 per cent. of the standard rent of the part sublet;
• (b) the tenant may increase the rent payable by the sub-tenant--
  • (i) in the case of premises let for residential purposes by an amount not exceeding 25 per cent. of the standard rent of the part sublet; and
  • (ii) in the case of premises let for other purposes by an amount not exceeding 50 per cent. of the standard rent of the part sublet;
• (c) the tenant shall, on being so requested in writing by the land
  

S.5 Unlawful charges by landlord or tenant

(1) It shall not be lawful for the landlord or any person acting or purporting to act on behalf of the landlord or the tenant or any person acting or purporting to act on behalf of the tenant, to claim or receive, in consideration of the grant, continuance or renewal of a tenancy or sub-tenancy of any premises payment of any fine, premium, advance or other like sum in addition to rent, or, save as otherwise provided in section 4 or section 7, any rent in excess of the standard rent of the premises.

(2) It shall not be lawful for the tenant, or any person acting or purporting to act on behalf of the tenant, or a sub-tenant to claim or receive any payment in consideration of the relinquishment of his tenancy of any premises.

(3) Nothing in this section shall apply to any payment made in pursuance of an agreement entered into before the 1st day of November, 1939.

S.6 Limitation of liability of middlemen

No collector of rents or middleman shall be liable to pay to his principal in respect) of any premises any sum by way of rental charges which exceeds the amount which he is entitled under this Act to realise from the tenant or tenants of the premises.

S.7 Determination of disputes regarding rent

(1) If any dispute arises regarding the standard rent payable in respect of any premises it shall be determined by the Court.

(2) Where for any reason it is not possible to determine the standard rent of any premises on the principles set forth in the Second Schedule, the court may, on the application of any person interested or of its own motion, determine the standard rent, and in so doing shall have regard to the standard rents of similar premises in the same locality and other relevant considerations.

(3) Where the standard rent of any premises has been settled on the basis of a lease for a period of one year or more and the court has to determine the standard rent of the same premises on a lease for a period of less than one year or vice versa, the standard rent shall be calculated in accordance with the Third Schedule.

(4) Where the court determines the standard rent of any premises under this section, the court shall determine the standard rent of the pr

S.8 Notice of increase of rent

(1) Where the landlord wishes to increase the rent, of any premises he shall give the tenant notice of his intention to make the increase, and, in so far as such increase is permissible under this Act, it shall be due and recoverable only in respect of the period of tenancy after the end of the month in which the notice is given.

(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 (IV of 1882).

(3) For the avoidance of doubt it is hereby declared that the provisions of this section apply equally to any increase in the rent payable by a sub-tenant.

S.9 Eviction of tenants

(1) Notwithstanding anything contained in any contract, no court shall pass any decree in favour of a landlord, or make any order, in favour of a landlord whether in execution of a decree or otherwise, evicting any tenant, whether or not the period of the tenancy has terminated, unless it is satisfied either--

• (a) that the tenant has neither paid nor tendered the whole of any arrears of rent due, within one month of the service on him in the manner provided in section 106 of the Transfer of Property Act, 1882 (IV of 1882), of a notice of demand by the landlord:

  Provided that no eviction shall be ordered under this clause if the tenant pays in court on the first day of hearing such arrears of rent together with the costs of the suit; or

• (b) that the tenant without the consent of the landlord, has, whether before or after the commencement of this Act,--
  • (i) used the premises for a purpose other than that for which they we
    

S.10 Special provision regarding vacant building sites

(1) The provisions of this section shall apply notwithstanding anything contained in section 9, but only in relation to premises in such areas as the Central Government may from time to time specify by notification in the Official Gazette.

(2) Whore any premises which have been let comprise vacant grounds upon which it is permissible under the building regulations or other municipal bye-laws for the time being in force to erect another 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 those grounds from the tenant by agreements with him, the landlord may apply to the Court, and the Court may, if it is satisfied that the landlord is ready and willing to commence the work and that the severance of the vacant grounds from the rest of the premises will not cause undue hardship to the tenant,--

• (a) direct such severance.
• (b) place the landlord in possession of
  

S.11 Lease to Government of premises becoming vacant

(1) The provisions of this section shall apply only in relation to premises within the Municipality of New Delhi which are, or are in ended to be, let for use as a residence.

(2) Whenever any premises the standard rent of which is not-less than two thousand and four hundred rupees per year becomes vacant, either by the landlord ceasing to occupy the premises or by the termination of a tenancy or by the eviction of a tenant or by the release of the premises from requisition or otherwise,--

• (a) the landlord shall, within seven days of the premises becoming vacant, give intimation thereof in writing to the Estate Officer to the Government of India;
• (b) whether or not such intimation is given, the Estate-Officer may serve on the landlord by post or otherwise a notice--
  • (i) informing him that the premises are required by the Government for the duration of this Act or for such shorter period as may be specified in the notice, and

S.12 Lanloard's duty to keep premises in good repair

(1) The landlord shall be bound to keep in good and tenantable repair any premises to which this Act applies except in oases where the tenant has undertaken by agreement to keep the premises in repair.

(2) If the landlord neglects to make, within a reasonable time after notice, any repairs which he is bound to make under sub-section (1), the tenant may make the same himself, and deduct the expenses of such repairs from the rent, or otherwise recover it from the landlord:

Provided that the amount so deducted or recoverable in any year shall not exceed one twelfth of the rent payable by the tenant for that year.

S.13 Penalties

(1) If any person fails to comply with the provisions of clause (c) of tub-section (1) of section 4, or supplies under that clause a statement which is false in any material particular, he shall be punishable with fine which may extend to one thousand rupees.

(2) If any person receives any payment prohibited by subsection (1) or sub-section (2) of section 5, he shall be punished with fine which shall not be less than the amount so received by him but shall not exceed that amount by more than one thousand rupees, and shall also be punishable with simple imprisonment for a term which may extend to three months.

(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898), any Magistrate of the first class may pass a sentence of fine exceeding one thousand rupees on a person convicted of an offence punishable under sub-section (2) of this section

(4) No court shall try any person for an offence punishable under sub-section (2) of this

S.14 Jurisdiction of courts

(1) Except as may be otherwise provided by rules made under sub-section (2), any question which under this Act is to be determined by the court may be determined by any court which would have jurisdiction to hear and decide a suit for eviction of a tenant from the premises in respect of which the question arises. Landlord's duty to keep premises in good repair.

(2) With the concurrence of the Chief Commissioner, the High Court may make rules to determine the classes of courts which shall have power to hear and decide original cases, appeals and applications for revision and to deal with execution proceedings under this Act and the procedure to be followed by them.

(3) The power conferred by sub-section (2) shall include power to determine in what circumstances the parties shall have a right to appeal or apply for review over revision in cases under this Act, and further to determine how and by what authority it shall be decided whether any particular case shall be dee

S.15 Repeals and savings

(1) The Delhi Rent Control Ordinance, 1944 (XXV of 1944), the New Delhi House Rent Control Order, 1939 (Punjab Act X of 1941), and the Ajmer-Merwara Control of Rent and Eviction Order, 1946 (XXV of 1944) are hereby repealed 5 but the repeal shall not affect--

• (a) the previous operation of, or anything duly done or suffered to be done under, the said Ordinance or Orders; or
• (b) any right, privilege, obligation or liability acquired, accrued or incurred under the said Ordinance or orders; or
• (c) any penalty, forfeiture or punishment incurred in respect of any contravention of the said Ordinance or Orders; or
• (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be impos

S.1 Short title, extent commencement and duration

(1) This Act may be called the Delhi and Ajmer-Merwara Rent Control Act, 1947.

(2) It extends to the areas specified in the First Schedule, and such other areas in the Province of Delhi or Ajmer-Merwara as the Central Government may from time to time specify by notification in the official Gazette; but it shall not apply--

• (a) to any premises the construction of which is not completed and which are not let to a tenant before the commencement of this Act, or
• (b) to any premises belonging to the Government, or
• (c) to any tenancy or other like relationship created by a grant from the Government in respect of premises taken on lease or requisitioned by the Government.

(3) It shall come into force on the 24th day of March 1947, and shall remain in force for a period of two years:

Provided that the Central Government may, by notification in the official Gazette, direct that it shall remain in force for a further period not exceed