The Delhi Rent Control Amendment Ordinance, 1975

&EGISTE1iED No. D-(D)-'71 '1616il(Gi EXTRAORDINARY ~ 11-:-~ 1 PART II-Section •1 'SllN~i(~~ PUBLISHED BY AUTHORITY 8° 7 91 q~, ~!~T'(,~t;i~'( 1, 1975 :~qgTQ'iif IO, 1897 I • No. 791 . NEW DELW, MONDAY, DECEMBER I, r.975/AGRAHAYANA Io, I897 - Uf ~q if N'Jf ~ ~qr i\' 1llff\' ~ ~ct~~ q: ffll1' ~ t .,_ if ffl1'T n I Sep11(rate paging is given to this Part in order that it may be tlled • as a separate compllatioil. MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi; the 1st December, 1975/ Agraho:yana 10, 1897 (Saka) THE DELHI RENT CONTROL (AMENDMENT) ORDINANCE, 1975 No. 24 OF 1975 Promulgated by the President in the Twenty-sixth Year of the Republic of India. An Ordinance further to amend the Delhi Rent Control .Act, 1958. , WHE!tEAS Parliament is not in session and the President is satisfied that circumstances exist which ·render it necessary for hiin to take immediate action; Now, THEREFORE, in exercise of the powers conferred . by clause (1) of article 123 of the Constitution, the Pre"Sident is pleased to promulgate the following Ordinance:- CHAPTER I PRELIMINARY 1. (1) This Ordinance may be called the Delhi Rent Control (-Amend- Short ment) Ordinance, 1975. title and com- (2) It shall come i~tQ f<.>r~e at once. ( 727) mence­ men\ Delhi Rent Control Act, 1958, to b'e temPorari­ ly amended. Amend­ ment of section 2. THE GAZBTIE OF INDIA EX;T;RA~O:::R=D=IN:=A.::R=Y=======[=PA=R=T=l=I= h . 0 d" ce the Delhi Rent 2. During the period of operation of t is r man . ' . shall 59 of 1958 Control Act, 1958 (hereinafter referred to as th~ principal Act)• • have effect subject to the provisions of this Ordinance. CHAPTER II AMENDMENT .OF THE DEFINITION OF "TENANT" AND PROVISIONS CONSEQUENTIAL TO SUCH AMENDMENT 3. In section 2 of the principal Act, for clause (l) , the following clause shall be, and shall be deemed always to have been, substituted, namely: - _ '(Z) "tenant" means any person by whom or on w~ose account or behalf the rent of any premises is, or, but for a special contract, would be, payable, and includes- '·, (i) a sub-tenant; (ii) any person continuing in possession after the termina- tion of th_e tenan~y; and • . _ . _ (iii) in the event of the death of the person continuing in possession after the termination of the tenancy, subject to the order of succession and conditions specified, respectively, in Explanation I and Explanation II to this clause, such of the aforesaid person's- (a) spouse, (b) son or daughter, or, where there are both son and daughter, both of them, (c) parents, (d) daughter,-in-law, • being the widow of his pre- deceased son, as had been ordinarily living in the premises with such person as a member or members of his family up to the date of his death, but does not include,- • (A) any person against whom · an order or decree for evic- -tion has been made, except where such decree or order for evic­ tion is liable to be re-opened under the proviso to section 4 of the Delhi Rent Control (Amendment) Ordinance, 1975; (B) any person to whom a licence, as defined by section 52 of the Indian Easements Act, 1882, has been granted. Explanation I.-The order of ·.succession in the event of the death of the person continuing in possession after the termination of the tenancy shall be as follows:~ (a) firstly, · his surviving spouse; (b) secondly, his son or daughter, or both, if there is no surviving spouse, or if the surviving spouse did not ordinarily live with the deceased person as a member of his family U{l to the date of his death; ll of 1882. ,,.. . . .• 1 .,. 0 d (c) ~hird1Y, his parents, if there is no survivina spouse, son s~n aug ter of the deceased person, or if such surviving spouse, ~r daughter or any of them did not ordinarily live in the premises as a membe f h ' . to th d r O t e family of the deceased person up e ate of his death; and • • (d) fourthly, his daughter-in-law, being the widow of his pre-deceased son, if there is no surviving spouse, son, daughter or parents. of the deceased person, or if such surviving spouse, ~on, daughter or parents, or any of them did not ordinarily live in the premis : es as a member of the family of the deceased per-. son up to the date of his death. • . Explanation II.-If the person who acquires by succession the right to t· • ' ' ' . con mue m possession after the termination of the tenancy, w_as not financially dependent on the deceased person on the date of his death, such successor shall acquire such right for a limited period of one year; and, on the expiry of that period or on his death which- ever • 1· • • ' ' is ear ier, the right of such successor to continue in possession after the termination of the tenancy shall become extinguished. Explanation III.-For the removal of doubts, it is hereby declared that,- ) (a) where, by reason of Explanation II, the right of any successor to continue in possession after the termination of the tenancy becomes extinguished, such extinguishment shall not affect the right of any other successor of the same category to continue in possession after the termination 'of the tenancy; but if there is no other successor of the same category, the right to continue in possession after the termination of the tenancy shall not, on such extinguishment, pass on to • any other successor specified in any lower category or categories, as the case may be; (b) the right of every successor, referred to in Explanation I, to continue in possession after the termination of the tenancy, shall be personal to him and shall not, on the death of such successor, devolve on any of his heirs.'. • 4: Nothing contained in the principal Act, as amended by this Ordi- Saving, nance, shall be deemed to authorise the re-opening of any proceeding for- (a) the fixation of standard rent ·in relation to any premises to which the principal Act applies; or (b) the eviction of any person from any premises to which the principal Act applies; and (c) any other matter which the Controller is empowered, by or under the principal Act, to decide, • • if such proceeding had been finally disposed of before the commence­ ment of this Ordinance: Provided that if, in relation to any proceeding which had been fianlly d'sposed of before the commencement of this Ordinance, the Controller is ~tisfied that the landlord had not recovered possession of the premises :n relation to which the decree or order for eviction of the person in Applica. tiJJns for execution of the decree or order for eviction to stand stayed. - 730 • 'THE GAZETTE OF lNDlA EXTRAORDINARY [l>AR.T ll- possession thereof was made, he shall, if such person by a written appli­ cation made within ninety days from such commencement so desires, s~t aside such decree or order and re-open the proceeding , for such evic­ tion and decide such proceeding in accordance with the provisions of the principal Act as amended by this Ordinance. 5. Every application for the execution of any decree or order for the eviction of any per~on from any premises to which_ this Ordinance applies, which was not finally disposed of before the commencement of this Ordinance, shall stand stayed for a period of ninety days from such commencement, or, where any application is made for the re-opening of the proceeding in which such decree or order for eviction was made, lll1_til th_e final disp~sal of su_ch application, whichever is later. -, Explanation.-For the p~.rposes of section 4, • an applicapon or pro- -ceeding, as the case may be, shall n_ot be deemed to have been finally ' :disposed of, if, in relation to that application or proceeding, any appeal or second appeal is pending, or, if the period of limitation for preferring an appeal or second appeal, as the case may be, had not expired before the commencement of this Ordinance. Insertion of new - section ·- 14A. Right to recover im­ mediate posses. sion of premis~i; to accrue to certain persons.' ' CHAPI'ER III RI_GiiT OF LANDLO~D TO RF;COVER l~IATE FOSSESSIO~ IN CERTAIN CASES 61 After section 14 of the principal Act, the following section shall be il;l:i~rt~d, n~ely:- • ' "14A. (1) Where a landlord who, being a person in occupation of any residential premises allotted to him by the Central Govern­ ment or any local authority is required, by, or in pursuance of, any general or -special order made by that Government or authority, to vacate such residential accommodation, or in default, to incur certain obligations, -on the ground that he owns, in the Union territory of Delhi, a residentiai accommodation either in hjs own name or in the name of his wife or dependent child, there shall accrue, on and from the date of such order, to such landlord, notwithstandiµg any­ thing contained elsewhere in this Act or in any other law for the time being in force or in any contract (whether express or implied), custom,, or usage to the contrary, a right to recover immediately possession of any premises let out by him_: Provided that nothing in this section shall be construed as con­ ferring a ri-8ht on a landlord owning, in the Uajon territory of Delhi, two or more_ dwelling houses, whether in his own name or in the naine of his wife or dependent child, to recover the possession of more th,:i.n one dwelling house and it shall be lawful for such land­ lord to indicate the dwelling: hou~e, possei:;sion of which he intends to recover. (2) Notwithstanding anything contained elsewhere -in this Act or in any other law for the time being in force or in any contract, custom. or usage to the contrary, where the landlord exercises the right of recovery conferred on him by sub-section_ (1), no compensa- Tim-a~ -----"7...-==-==========:-----i: or INDtA EXTRAORt>INA'R\' 7~1 _ tion shall · be payabl; ;----:::-::.._::-:-==-· -- - - through or under h. Y- him to the tenant or any person claiming entertained by an im and no claim for such com~nsation shall be Y court t ·b - . • ' ri unal or other authority: • Provided that h ( ) w ere the landlord had received - a. any rent in adv ' period of ninety d f _ance from the tenant, he shall, within a by him, refund to ~r: rom the date of recovery of the premises payable for th ~enant such amount as represents the rent lease; · e unexpi~ed portion of the contract, agreement or (p) any other paym t h . . refund to the t - en • e shall, w1thm the period aforesaid, to the total enant a sum which shall bear the same Proportion amount so rece· d h . • contract or ag ive , as t e unexpired portion of the reement or lea b t h . tract or agre ' se ears o t e total period -of con- - ement or lease: Provided further that 'f - as aforcsa d th 1 dl ' 1 any default is made in making any refund rat f • ' -e an °rd shall be liable to pay simple interest at the e o s1:x per -cent. per-annum.". CHAPTER IV INSERTION OF. NEW, CH:APTER IHA ~ • Afte_r • section 25 of the principal . A~t, the following Chap~e_r shalJ be inserted, namely:- ' • CHAPTER'IIIA SUMMARY TRIAL OF CERTAn:< . APPLICATIONS, 25A. The provisions of this Chapter or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained elsewhere in this Act or in any other law for the time being in force. 25B. (1) Every application by a landlord for the recovery of -possession of any premises on the ground specified in clause (e) of the proviso to sub-section (1) of section 14 shall be. dealt with in accordance with the procedure specified in this section. Insertion of new Chapter III A. Provisions of this Chapter to ·have overrid­ ing effect. Special procedure for the disposal of (2) The Controller shall issue, summons, in application referred to in sub-section (1), in the the Third Schedule. applica­ relation to every tions form specified in for eviction on the ground (3) (a.) ,The Controller shall, in addition to, and · simultaneously of bona with thecissue of. summons for service on the tenant, also direct the fide , . summons to be served by registered post, acknowledgment due, require• addressed to the tenant or his agent empowered to accept the service ment. at the place where the tenant or his agent actually and voluntarily resides or- carries on business or personally works for gain and may, if the circumstances of the case so require, also direct the publication of the summons in a newspaper circulating in the locality in which the tenant is last known to have resided Qr carried on business or -• personally worked for gain. ~ , I, ·1 - , 'rHE GAZETTE OF iNbIA EXT'RAORt>INARY (b) When an acknowledgment purporting to be signed by the tenant or his agent is received by the Controller or the registered article containing the summons i~ received back with an endorse­ ment purporting to have been made J?y a postal employee to the effect that the tenant or his agent had refused to take delivery of the registered article, the Controller may declare that there _ has been a valid service of summons. ' (4) The tenant on whom the ~ummons is duly served (whether in the ordinary way or by registered post) in the form specified in the Third Schedule shall not contest the prayer for eviction from the premises unless he files an affidavit stating the grounds on which he seeks to contest the application for eviction and obtains leave from the Controller as hereinafter provided; and in default of his appear­ ance in pursuance of the summons or his obtaining such leave, the statement made by the landlord in the application for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction on the ground aforesaid. (5) The Controller shall give to the tenant leave to contest the application if the affidavit filed by the tenant discloses such facts as would disentitle the landlord from obtaining an order for the re­ 'Covery of possession of the premises on the ground specified in clause (e) of the proviso to sub-section (1) of section 14. (6) Where leave is granted to_ the tenant to contest the applica­ tion, the Controller shall commence the hearing of the application as early as practicable. - (7) Notwithstanding anything . contained in sub-section (2) of section 37, the Controller shall, while holding an inquiry in a pro­ ceeding to which this Chapter applies, follow the practice and pro­ cedure of a Court of Small Causes, including the recording of evi­ dence. , (8) No appeal or second appeal shalHie against:an order for the . : recovery 0£ possession of . any premises made by the C.ontroller in accordance with the procedure specified in this section: - . , . : ·. ; -· . , . Provided that the High Court may, for the purpose of satisfying itself that an order made by the Controller under this section is according to law, call for the records,of the case and pass Sl!ch order in_ respect thereto as it thinks fit. , . ,; , (9) Where no application has been made to the High Court on - revision, the Controller may exercise the powers of review in ac­ cordance with the provisions of Order XL VII of the First Schedule to the Code of Civil Procedure, 1908. (10) Save as otherwise provided in this Chapter, the procedure ·' --for the disposal of an application for eviction on the ground specified in clause (e) of the proviso to sub~section (1) of section 14 shall be the same as the procedure for the disposal of applications by Con­ trollers. I 5 of 1908. ; . t t I l l r: Act to have effect in a modi- fied . fonn Ul relation to . certain persons. Insertion of Third Sche­ dule. Sac. I] THE GAZETTE OF INDIA EXTRAORDINARY 733 - -·=-============= 25C. (l) Nothing contained in sub-section (6) of section 14 ~hall appl! to a l~ndlord who, being a person in occupation of any resi­ dential premises allotted to him by the Central Government or any local authority is required by, or in pursuance of, an order made by that Government or authority to vacate such residential acGommoda­ tion, or, in default, to incur certain obligations, on the ground that he owns a residential accommodation either in his own name or in the name of his wife or dependent child in the Union territory of Delhi. ~2) I~ the case of a landlord who, being a person of the category specified m sub-section (1), has obtained, on the ground specified in clause (e) of the proviso to sub-section (1) of section 14, an order for the _eviction of a tenant from any premises, the provisions of sub­ section (7) of section 14 shall have effect as if for the words "six months", occurring therein, the words "two months" were substi­ tuted.'. · 8. After the Second Schedule to the principal Act, the following Schedule shall be inserted, namelv: - To "THE THIRD SCHEDULE [See section 25B (2)] FORM OF SUMMONS IN A CASE WHERE ~ECOVERY OF POSSESSION OF PREMISES IS PRAYED FOR ON THE GROUND OF; bona fide REQUIREMENT [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; You are hereby summon~d to appear before the Controller within fifteen days of the service hereof and to obtain the leave of the Controller to contest the appliction 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 fi_fteen 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 aHidavit as is referred to in sub-section (5) of section 25B. Given under my hand and seal. This day of 19 Controller.", FAKHRUDDIN ALI AHMED, President. K. K. SUNDARAM, ,Secy. to the Govt. of India. PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA. PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLEll OF PUBLICATIONS, I)~, 197~