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 he 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 be 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 Authorty 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 tile Rent Authority shall proceed with the matter either denovo or from the stage it was transferred.
(1) If any difficulty arises in giving effect to the provisions of this Act, 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 fore going 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 whose assistance may be taken by the Rent Authority and the manner of assessment to be carried out by him tinder sub-section (2) of section 11;
(e) The manner of depositing rent or other charges under subsection (1) of section 16;
(f) The particulars under clause (e) of sub-section (2) of section 16;
(g) The manner of sending copy of application to landlord under sub-section (3) of section 16;
(h) The manner in which the deposited rent or other charges to be paid to the applicant under Sub-section (4) of section16;
(i) The manner of giving notice to the tenant under sub-section (3) of section 20;
(j) The manner in which the application under sub-section(2) of section 22 shall be made to the Rent Authority:
(k) The manner in which a notice shall be given under proviso to clause (c) of sub-section (2) of section 22;
(l) The Manner in which notices to the landlord shall be give by the tenant or sub-tenant under section 29;
(m) The manner in which permission of tile Rent Authority shall be obtained by the landlord under section 31;
(n) The time within which applications to be made under sub- section (2) of section 31 or sub-section (3) and sub-section (4) of section 32;
(o) The manner in which the permission of the Rent Authority shall be obtained by the landlord under section 33;
(p) The time within which the application shall be made to the Rent Authority by the landlord under section 33;
(q) The powers of a civil court which may be vested in the Rent Authority under clause (d) of sub-section (2) of section 44;-
(r) The number of Members in the Benches to be decided by the Chairman under sub-section (2) of section 47;
(s) The procedure in accordance with which a list of candidates shall be prepared by the Ministry dealing with Urban Development in consultation with the Department dealing with Justice of the Government of India under sub-section (5) of section 48;
(t) The salaries and allowances payable to,land the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman and other Members under section 51;
(u) Procedure under sub-section (3) of section 52, for the Investigation of misbehaviour or incapacity of the Chairman or other Member referred to in sub-section (2) of the said section;
(v) The financial and administrative powers of the Chairman under section 54;
(w) The salaries and allowances and conditions of service of the officers and other employees of the Tribunal under sub-section (2) of section 55;
(x) The form of application under sub-section (1) of section 59 and the affidavits, documents or any other evidence and the fee in respect of filing of the said application and the other fees for the service or execution of Processes as mentioned In sub-section (2) of the said section;
(y) The to be prescribed under clause (j)of sub-section (3)of section 60;
(z) The form of appeal and the fee payable under sub-section(1) of section 61;
(za) Any other matter which has to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid,. as soon, as may be after it is made before each House of Parliament, while it is in session,for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be: so. however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(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 I (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 in the corresponding entry in column (2) of the said Table: Provided further that the enhancement in the case of a tenancy entered into before the commencement of this Act shall be effected gradually in five equal yearly installments:
Explanation.-The base for calculation of annual enhancement of rent after the commencement of this Act shall be the rent payable in a year as if the total enhancement of rent due at the commencement of this Act came into effect immediately rather than gradually over a five year period, and such annual enhancement. of rent, shall be payable in addition to the graduated enhancement:
Provided also that in relation to a landlord, referred to in section 26, who is a widow, a handicapped person or a person of the age of sixty-five years or more, the enhancement of rent shall not be, spread over a period of five years but shall come into force with immediate effect.
2. On and from 1st January, 1950 to ..Four per cent. 31st December, 1960
3. On and from 1st January, 1961 to ..Six per cent.31st December, 1970
4. On and from 1st January, 1971 .....(i) Eight per cent. for to 1st December, 1994 residential premises;
(ii) Ten per cent. for non-residential premises.
5. On and from 1st January, 1995 .....Seventy-five per cent. of on wards annual inflation rate based on Whole sale Price Index in the case of residential premises and hundred per cent. of such rate in the case of non-residential premises.
8. Garden meant to be used by the tenant exclusively.
9. Playground meant to be used by the tenant exclusively.
11. Us ufructs, if any, enjoyed by the tenant.
(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.
3. Water closet repairs.
4. Wash basin repairs.
5. Bath tub repairs.
6. Geyser repairs.
7. Circuit breakers repairs.
8. Switches and sockets repairs.
9. Repairs and replacement of electrical equipment, except major Internal and external wiring changes.
10. Kitchen fixtures repairs.
11. Replacement of knobs and locks of doors, cup-boards, windows, etc.
12. Replacement of flynets.
13, Replacement of glass panels in windows, doors, etc.
14. Maintenance of gardens and open spaces let-out to the tenant.
SCHEDULE IV [See sub-section (4) of section 45]
From 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 exparte.
You are to obtain the leave of the Rent Authority to contest the application for eviction on the ground---------------, in default where of, the applicant will be entitled at any time after the expiry of the said period of fifteen days to obtain an order for your eviction from the said premises.
Leave to appear and contest the application may be obtained on an application to the Rent Authority supported by an affidavit as is referred to in clause (b) of sub-section (7)of section 45.Given under my hand and seal of the Rent Authority/additional Rent Authority:
This---------------- day of------------- 19-----------------.
Rent Authority/(Seal) Additional Rent Authority.
To be filled in.
Strike off portion not applicable.
For cases covered under clauses (e)and of sub-section (2)of section 22 and sections 23, 24, 25, 26 and 33 indicate fifteen days and for other cases indicate thirty days.
For only cases covered under clause (a) of sub-section (8)of section 45.
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