Section 32 of Delhi Rent Control Act 1958 - Revision of Fair Rate
Section 32 of the Delhi Rent Control Act, 1958 empowers the Controller to revise a previously fixed fair rate for board, lodging or other services in a hotel or lodging house. The statutory consideration for revision is a general rise or fall in the cost of living occurring after the fair rate was fixed.
Text of Section 32 - Revision of Fair Rate
On a written application from the manager of a hotel or the owner of a lodging house or otherwise, the Controller 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.
Meaning and Scope of Section 32
Section 32 operates after a fair rate has already been fixed under Section 31 of the Delhi Rent Control Act. It provides a mechanism for later revision so that the fair rate can respond to a general change in the cost of living.
The expression fair rate is defined in Section 2(c) of the Act as the fair rate fixed under Section 31 and includes the rate as revised under Section 32. The expression hotel or lodging house is defined in Section 2(d) as a building or part of a building where lodging, with or without board or other services, is provided for monetary consideration.
Who Can Seek Revision of Fair Rate?
The section expressly permits revision on a written application from the manager of a hotel or the owner of a lodging house. The words "or otherwise" also give the Controller statutory authority to consider revision in circumstances not confined to such an application, subject to the Act and the applicable procedure.
Basis for Revision
The Controller is required to have regard to a general rise or fall in the cost of living occurring after the fair rate was fixed. Section 32 therefore concerns revision of an existing fair rate and should be read with Section 31, which deals with the initial fixing of fair rates for board, lodging and other services.
- A fair rate must first exist before it can be revised under Section 32.
- The revision may relate to board, lodging or other services in a hotel or lodging house.
- The Controller may revise the rate from time to time.
- A general rise or fall in the cost of living after the earlier fixation is the statutory consideration expressly identified in Section 32.
Effect of a Revised Fair Rate
Once revised under Section 32, the revised rate falls within the statutory definition of "fair rate". Section 33 regulates charges after the Controller has determined the fair rate, including the restriction on charging an amount in excess of that rate and the consequences specified in that section.
Procedure Before the Controller
Proceedings under Section 32 should also be read with the procedural provisions of the Act. In particular, Section 37 governs the procedure to be followed by the Controller, including reasonable opportunity where an order would prejudicially affect a person.
Official Text of the Delhi Rent Control Act 1958
For the authoritative statutory text, readers may consult the Delhi Rent Control Act, 1958 on India Code or the official Act PDF hosted by the Ministry of Housing and Urban Affairs.
This page is intended as a general explanation of the statutory provision. For a dispute involving a particular hotel, lodging house, rate order or proceeding before the Controller, the Act, applicable notifications, orders and current case law should be checked on the facts of the matter.