(1) The Delhi and Ajmer Rent Control Act, 1952 (38 of 1952) in so far as it is applicable to the Union territory of Delhi, is hereby repealed.
(2) Notwithstanding such repeal, all suits and other proceedings under the said Act pending, at the commencement of this Act, before any court or other authority shall be continued and disposed of in accordance with the provisions of the said Act, as if the said Act had continued in force and this Act had not been passed:
Provided that in any such suit or proceeding for the fixation of standard rent or for the eviction of a tenant from any premises to which section 54 does not apply, the court or other authority shall have regard to the provisions of this Act:
Provided further that the provisions for appeal under the said Act shall continue in force in respect of suits and proceedings disposed of thereunder.
(See section 1(2)]
THE URBAN AREAS WITHIN THE LIMITS OF THE MUNICIPAL CORPORATION OF DELHI TO WHICH THE ACT EXTENDS The areas which, immediately before the 7th April, 1958, were included in— 1. the Municipality of New Delhi excluding the area specified in the First Schedule to the Delhi Municipal Corporation Act, 1957 (66 of 1957);
2. the Municipal Committee, Delhi;
3. the Notified Area Committee, Civil Station, Delhi;
4. the Municipal Committee, Delhi- Shahdara;
5. the Notified Area Committee, Red Fort;
6. the Municipal Committee, West Delhi;
7. the South Delhi Municipal Committee;
8. the Notified Area Committee, Mehrauli.
THE SECOND SCHEDULE [See sections 2(a) and 6 (1)]
BASIC RENT 1. In this Schedule, “basic rent” in relation to any premises let out before the 2nd June, 1944, means the original rent of such premises referred to in paragraph 2 increased by such percentage of the original rent as is specified in paragraph 3 or paragraph 4 or paragraph 5, as the case may be.
(2) “Original rent”, in relation to premises referred to in paragraph 1, means—
(a) where the rent of such premises has been fixed under the New Delhi House Rent Control Order, 1939, or the Delhi Rent Control Ordinance, 1944 (25 of 1944), the rent so fixed; or
(b) in any other case, —
(i) the rent at which the premises were let on the 1st November, 1939, or
(ii) if the premises were not let on that dale, the rent at which they were first let out at any time after that date but before the 2nd June, 1944.
3. Where the premises to which paragraph 2 applies are let out for the purpose of being used as a residence or for any of the purposes of a public hospital, an educational institution, a public library or reading room or an orphanage, the basic rent of the premises shall be the original rent increased by—
(a) 12-1/2 per cent. thereof, if the original rent per annum is not more than Rs. 300;
(b) 15-5/8 per cent. thereof, if the original rent per annum is more than Rs. 300 but not more than Rs. 600;
(c) 18-3/4 per cent. thereof, if the original rent per annum is more than Rs. 600 but not more than Rs. 1,200;
(d) 25 per cent. thereof, if the original rent per annum is more than Rs. 1,200.
4. Where the premises to which paragraph 2 applies are let out for any purpose other than those mentioned in paragraph 3, the basic rent of the premises shall be the original rent increased by twice the amount by which it would be increased under paragraph 3, if the premises were let for a purpose mentioned in that paragraph.
5. Where the premises to which paragraph 2 applies are used mainly as a residence and incidentally for business or profession, the basic rent of the premises shall be the mean of the rent as calculated under paragraphs 3 and 4.
[THE THIRD SCHEDULE [See section 25B (2)]
Form of summons in a case where recovery of possession of premises is prayed for on the ground of bona fide requirement or under section 14A To (Name, description and place of residence of the tenant.)
WHEREAS Shri...........................................has filed an application a copy of which is annexed) for your eviction from here insert the particulars of the premises) on the ground specified in clause (e) of the proviso to sub-section (1) of section 14, or under section 14A;
You are hereby summoned to appear before the Controller within fifteen days of the service hereof and to obtain the leave of the Controller to contest the application for eviction on the ground aforesaid;
in default whereof, 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 Controller supported by an affidavit as is referred to in sub-section (5) of section 25B.
Given under my hand and seal.
This .....................................day of..................................19......................................................
Controller]
STATEMENT OF OBJECTS AND REASONS The Delhi Ajmer Rent Control Act of 1952 at present governs the relations between the landlords and tenants in Delhi. In 1956, the Delhi Tenants (Temporary Protection) Act was enacted in order to provide temporary protection against eviction to tenants paying less than Rs. 100 per month as rent. This Act will continue to be in force up to February, 1959. 2. The Delhi Rent Control Bill, which seeks to replace the Delhi Ajmer Rent Control Act of 1952, is intended-
(a) to give to devise a suitable machinery for expeditious adjudication of proceedings between landlords and tenants;
(b) to provide for the determination of the standard rent payable by tenants of the various categories of premises which should be fair to the tenants, and at the same time, provide incentive for keeping the existing houses in good repairs, and for further investment in house construction; and
(c) tenants a larger measure of protection against eviction. 3. The notes on clauses appended to the Bill explain its important provisions.
NEW DELHI; The 23rd August, 1958.