The Delhi Rent Control Act, 1958
Administered Ministry: Ministry of Housing and Urban Affairs
Section
Section 51 Controllers to be public servants.
All Controllers and additional Controllers appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
Section 52 Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against any Controller or additional Controller in respect of anything which is in good faith done or intended to be done in pursuance of this Act.
Section 53 [Repealed.].
[Amendment of the Delhi Tenants Temporary Protection Act, 1956.]--Repealed. by The Repealing and Amending Act, 1960 (58 of 1960), s. 2 and Schedule. I.
Section 54 Saving of operation of certain enactments.
Nothing in this Act shall affect the provisions of the Administration of Evacuee Property Act, 1950 (31 of 1950), or the Slum Areas (Improvement and Clearance) Act, 1956 (96 of 1956), or the Delhi Tenants (Temporary Protection) Act, 1956 (97 of 1956).
Section 55 Special provision regarding decrees affected by the Delhi Tenants (Temporary Protection) Act, 1956.
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), applies is sought to be executed on the cesser of operation of that Act in relation to those premises, the court 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 court may, having regard to the provisions of this Act, set aside the decree or order or pass such other order in relation thereto as it thinks fit.
Section 56 Power to make rules.
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: --
1[(a) the manner of approval of valuers and the procedure to be followed by such valuers under the proviso to sub-section (2) of section 9;]
2[(aa)] the form and manner in which, and the period within which, an application may be made to the Controller;
(b) the form and manner in which an application for deposit or rent may be made and the particulars which it may contain;
(c) the manner in which a Controller may hold an inquiry under this Act;
(d) the powers of the civil court which may be vested in a Controller;
(e) the form and manner in which an application for appeal or transfer of proceeding may be made to the Tribunal;
(f) the manner of service of notices under this Act;
(g) any other matter which has to be, or may be, prescribed.
3[(3) Every rule made under this section 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.]
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: --
1[(a) the manner of approval of valuers and the procedure to be followed by such valuers under the proviso to sub-section (2) of section 9;]
2[(aa)] the form and manner in which, and the period within which, an application may be made to the Controller;
(b) the form and manner in which an application for deposit or rent may be made and the particulars which it may contain;
(c) the manner in which a Controller may hold an inquiry under this Act;
(d) the powers of the civil court which may be vested in a Controller;
(e) the form and manner in which an application for appeal or transfer of proceeding may be made to the Tribunal;
(f) the manner of service of notices under this Act;
(g) any other matter which has to be, or may be, prescribed.
3[(3) Every rule made under this section 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. Ins. by Act 57 of 1988, s. 20 (w.e.f. 1-12-1988).
2. Clause (a) relettered as clause (aa) thereof by s. 20, ibid. (w.e.f. 1-12-1988).
3. Subs. by Act 37 of 1984, s. 4, for sub-section (3) (w.e.f. 26-5-1984).
2. Clause (a) relettered as clause (aa) thereof by s. 20, ibid. (w.e.f. 1-12-1988).
3. Subs. by Act 37 of 1984, s. 4, for sub-section (3) (w.e.f. 26-5-1984).
Section 57 Repeal and savings.
(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.
(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.