ACT NO. 59 OF 1958
[31st December, 1958.]
An Act to provide for the control of rents and evictions and of rates of
hotels and lodging houses, and for
the lease of vacant premises to Government, in certain areas in the Union
territory of Delhi.
BE it enacted by Parliament in the Ninth Year of the Republic of India as follows:-
CHAPTER I PRELIMINARY
1. Short title, extent and commencement.
(1) This Act may be called the Delhi Rent Control Act, 1958.
(2) It extends to the areas included within the limits of the New Delhi Municipal Committee and the Delhi Cantonment Board and to such urban areas within the limits of the Municipal Corporation of Delhi as are specified in the First Schedule:
Provided that the Central Government may, by notification in the Official Gazette, extend this Act or any provision thereof, to any other urban area included within the limits of the Municipal Corporation of Delhi of exclude any area from the operation of this Act or any provision thereof.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
Section 3 Act not to apply to certain premises
CHAPTER II PROVISIONS REGARDING RENT
Section 4 Rent in excess of standard rent not recoverable
Section 5 Unlawful charges not to be claimed or received
Section 7 Lawful increase of standard rent in certain cases and recovery of other charges
Section 8 Notice of increase of rent
Section 9 Controller to fix standard rent, etc
Section 10 Fixation of interim rent
Section 11 Limitation of liability of middlemen
Section 12 Limitation for application for fixation of standard rent
Section 13 Refund of rent, premium, etc., not recoverable under the Act
CHAPTER III CONTROL OF EVICTION OF TENANTS
Section 14 Protection of tenant against eviction
Section 14A Right to recover immediate possession of premises to accrue to certain persons
Section 14D Right to recover immediate possession of premises to accrue to a widow
Section 15 When a tenant can get the benefit of protection against eviction
Section 16 Restrictions on sub-letting
Section 17 Notice of creation and termination of sub-tenancy
Section 18 Sub-tenant to be tenant in certain cases
Section 19 Recovery of possession for occupation and re-entry
Section 20 Recovery of possession for repairs and re-building and re-entry
Section 21 Recovery of possession in case of tenancies for limited period
Section 22 Special provision for recovery of possession in certain cases
Section 23 Permission to construct additional structures
Section 24 Special provision regarding vacant building sites
Section 25 Vacant possession to landlord
CHAPTER IIIA SUMMARY TRIAL OF CERTAIN APPLICATIONS
Section 25A Provisions of this chapter to have overriding effect
Section 25C Act to have effect in a modified form in relation to certain persons
CHAPTER IV DEPOSIT OF RENT
Section 26 Receipt to be given for rent paid
Section 27 Deposit of rent by the tenant
Section 29 Saving as to acceptance of rent and forfeiture of rent in deposit
CHAPTER V HOTELS AND LODGING HOUSES
Section 30 Application of the Chapter
Section 31 Fixing of fair rate
Section 32 Revision of fair rate
Section 33 Charges in excess of fair rate not recoverable
Section 34 Recovery of possession by manager of a hotel or the owner of a lodging house
Section 35 Appointment of Controllers and additional Controllers
CHAPTER VI APPOINTMENT OF CONTROLLERS AND THEIR POWERS AND FUNCTIONS AND APPEALS
Section 36 Powers of Controller
Section 37 Procedure to be followed by Controller
Section 38 Appeal to the Tribunal
Section 38A Additional Rent Control Tribunals
Section 38B Power of High Court to transfer appeals, etc
Section 39. [Omitted.].
Section 40 Amendment of orders
Section 41 Controller to exercise powers of a magistrate for recovery of fine
Section 42 Controller to exercise powers of civil court for execution of other orders
CHAPTER VII PROVISIONS REGARDING SPECIAL OBLIGATIONS OF LANDLORDS AND PENALTIES
Section 44 Landlords duty to keep the premises in good repair
Section 45 Cutting off or withholding essential supply or service
Section 46 Landlords duty to give notice of new construction to Government
Section 47 Leases of vacant premises to Government
Section 49 Cognizance of offences
CHAPTER VIII MISCELLANEOUS
Section 50 Jurisdiction of civil courts barred in respect of certain matters
Section 51 Controllers to be public servants
Section 52 Protection of action taken in good faith
Section 53. [Repealed.].
Section 54 Saving of operation of certain enactments
Section 56 Power to make rules
First Schedule of Delhi Rent Control Act
Second Schedule of Delhi Rent Control Act - Basic Rent
Third Schedule of Delhi Rent Control Act- Form of Summon