THE DELHI AND AJMER RENT CONTROL ACT, 1952 

_________ 

ARRENGEMENT OF SECTION 

SECTIONS 

1. Short title, extent and commencement. 

2. Definitions. 

3. Act not to apply to certain premises. 

_________ 

CHAPTER I 

PRELIMINARY 

CHAPTER II 

STANDARD RENT AND PROVISIONS RELATING TO OTHER CHARGES BY THE LANDLORD 

4. Rent in excess of standard rent not recoverable. 

5. Unlawful charges not to be claimed or received. 

6. Lawful increases of standard rent. 

7. Notice of increase of, or addition to, rent. 

8. Cases in which standard rent may be fixed by court. 

9. Fixation of interim rent by the court. 

10. Limitation of liability of middleman. 

11. Limitation for applications for fixation of standard rent. 

12. Refund of rent, premium, etc., not recoverable under this Act. 

CHAPTER III 

CONTROL OF EVICTION OF TENANTS 

13. Protection of a tenant against eviction. 

14. Recovery of possession for occupation and re-entry. 

15. Recovery of possession for repairs and re-building and re-entry. 

16. Recovery of possession in case of tenancies for limited period. 

17. Special provision for recovery of possession in certain cases. 

18. Permission to construct additional structures. 

19. Special provision regarding vacant building sites. 

20. Sub-tenant to become tenant on determination of tenancy. 

21. Vacant possession to the landlord. 

CHAPTER IV 

HOTELS AND LODGING HOUSES 

22. Application of this Chapter.  

23. Appointment of Controller. 

24. Fixing of fair rate. 

25. Revision of fair rate. 

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SECTIONS 

26. Charges in excess of fair rate not recoverable. 

27. Provisions relating to inquiries by Controller. 

28. Recovery of possession by manager of a hotel or the owner of a lodging house. 

29. Appeals. 

30. Penalty. 

31. Controller to be deemed to be public servant. 

32. Protection of action taken under this Chapter. 

CHAPTER V 

JURISDICTION OF COURTS APPEALS, REVIEW AND REVISION 

33. Jurisdiction of courts. 

34. Appeals. 

35. Revision and review. 

36. Limitation. 

37. Procedure before courts. 

CHAPTER VI 

MISCELLANEOUS 

38. Act to over-ride other laws. 

39. Exemption of certain premises from the operation of the Act. 

40. Landlord’s duty to keep the premises in good repair. 

41. Cutting off or withholding essential supply or service. 

42. Landlord’s duty to give notice of new constructions to Government.  

43. Leases of vacant premises to Government. 

44. Penalties. 

45. Power to make rules. 

46. Repeals and savings. 

THE FIRST SCHEDULE. 

THE SECOND SCHEDULE. 

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THE DELHI AND AJMER RENT CONTROL ACT, 1952 

ACT NO. 38 OF 1952 

An Act to provide for the control of rents and evictions, and for the lease of vacant premises to 

Government, in certain areas in the States of Delhi and Ajmer. 

BE it enacted by Parliament as follows:— 

[15th April, 1952.] 

CHAPTER I 

PRELIMINARY 

1. Short title, extent and commencement.—(1) This Act may be called the Delhi and Ajmer Rent 

Control Act, 1952. 

(2)  It  extends  to  the  areas  specified  in  the  First  Schedule  and  may  be  extended  by  the  Central 
Government, by notification in the Official Gazette, to such other areas in the State of Delhi or Ajmer as 
may, from time to time, be specified in the notification: 

Provided that the Central Government may, at any time, by a like notification direct that it shall cease 

to be in force in any such area, and with effect from such date, as may be specified in the notification. 

(3)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “fair rate” means the fair rate fixed under section 24 and includes the rate as revised under 

section 25; 

(b) “hotel or lodging house” means a building or part of a building where lodging with or without 

board or other services is provided for a monetary consideration; 

(c) “landlord” means a person who, for the time being is receiving, or is entitled to receive, the 
rent of any premises, whether on his own account or on account of, or on behalf of, or for the benefit 
of, any other person or as a trustee, guardian or receiver for any other person or who would so receive 
the rent or be entitled to receive the rent, if the premises were let to a tenant; 

(d) “lawful increase” means an increase in rent permitted under the provisions of this Act; 

(e) “manager of a hotel” includes any person in charge of the management of the hotel; 

(f) “owner of a lodging house” means a person who receives or is entitled to receive whether on 
his own account or on behalf of himself and others or as an agent or a trustee for any other person, 
any monetary consideration from any person on account of board, lodging or other services; 

(g)  “premises”  means  any  building  or  part  of  a  building  which  is,  or  is  intended  to  be,  let 

separately for use as a residence or for commercial use or for any other purpose, and includes— 

(i)  the  garden,  grounds  and  outhouses,  if  any,  appertaining  to  such  building  or  part  of  a 

building; 

(ii) any furniture supplied by the landlord for use in such building or part of a building; 

but does not include a room in a hotel or lodging house; 

(h) “prescribed” means prescribed by rules made under this Act; 

(i) “standard rent”, in relation to any premises, means,— 

1. 9th June, 1952, vide Notification No. S. R. O. 1016, dated 3rd June 1952, see Gazette of India, Part II, s. 3. 

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(i) where the standard rent has been fixed by the court under section 8, the rent so fixed; or 

(ii)  where  the  standard  rent  has  not  been  fixed  under  section  8,  the  standard  rent  of  the 

premises as determined in accordance with the provisions of the Second Schedule; 

(j) “tenant” means any person by whom or on whose account rent is payable for any premises and 
includes such sub-tenants and other persons as have derived title under a tenant under the provisions 
of any law before the commencement of this Act. 

3. Act not to apply to certain premises.—Nothing in this Act shall apply— 

(a) to any premises belonging to the Government; or 

(b)  to  any  tenancy  or  other  like  relationship  created  by  a  grant  from  the  Government  in 

respect of the premises taken on lease, or requisitioned, by the Government. 

CHAPTER II 

STANDARD RENT AND PROVISIONS RELATING TO OTHER CHARGES BY THE LANDLORD 

4. Rent in excess of standard rent not recoverable.—(1) Except where rent is liable to periodical 
increase  by  virtue  of  an  agreement  entered  into  before  the  1st  day  of  January,  1939  or  where  rent  is 
payable under a lease entered into before the 1st day of January, 1939, which has not expired before the 
first day of the period for which the rent is claimed, no tenant shall, notwithstanding any agreement to the 
contrary, be liable to pay to his landlord for the occupation of any premises any amount in excess of the 
standard rent of the premises unless such amount is a lawful increase of the standard rent in accordance 
with the provisions of this Act. 

(2) Subject to the provisions of sub-section (1), any agreement for the payment of rent in excess of 
the standard rent shall be null and void and shall be construed as if it were an agreement for the payment 
of the standard rent only. 

5. Unlawful charges not to be claimed or received.—(1) Subject to the provisions of this Act, no 
person shall claim or receive any rent in excess of the standard rent, notwithstanding any agreement to the 
contrary. 

(2) No person shall, in consideration of the grant, continuance or renewal of a tenancy or sub-tenancy 
of any premises, claim or receive the payment of any premium,  pugree, fine, advance or any other like 
sum in addition to the rent. 

Explanation.—Receipt of rent in advance for a period not exceeding one month shall not be deemed 

to be an advance within the meaning of this section. 

(3) It shall not be lawful for the tenant or any other person acting or purporting to act on behalf of the 
tenant  or  a  sub-tenant  to  claim  or  receive  any  payment  in  consideration  of  the  relinquishment  of  his 
tenancy or sub-tenancy, as the case may be, of any premises. 

(4) Nothing in this section shall apply— 

(a)  to  any  payment  made  in  pursuance  of  an  agreement  entered  into  before  the  1st  day  of 

November, 1939; or 

(b)  to  any  payment  made  under  an  agreement  by  any  person  to  a  landlord  for  the  purpose  of 
financing the construction of the whole or part of any premises on the land belonging to the landlord, 
if one of the conditions of the agreement is that the landlord is to let to such person the whole or part 
of the premises when completed for the use of such person or any member of his family: 

Provided that such payment does not exceed the amount of agreed rent for a period of five years of 

the whole or part of the premises to be let to such person. 

Explanation.—For the purposes of clause (b) of this sub-section, a “member of the family” means, in 
the case of an undivided Hindu family, any member of such family and in the case of any other family, 
the husband, wife, son, daughter, father, mother, brother, sister or any other person dependent on him. 

6.  Lawful  increases  of  standard  rent.—(1)  Where  a  landlord  has  at  any  time,  whether  before  or 
after  the  commencement  of  this  Act,  incurred  expenditure  for  any  improvement,  addition  or  structural 

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alteration in the premises , not being expenditure on decoration or tenantable repairs necessary or usual 
for such premises, and the cost of that improvement, addition or alteration has not been taken into account 
in determining the standard rent of the premises, the landlord may lawfully increase the standard rent per 
year by an amount not exceeding seven and a half per cent. of such cost. 

(2) Where a landlord pays in respect of the premises any charge for electricity or water consumed in 
the  premises  or  any  other  charge  levied  by  a  local  authority  having  jurisdiction  in  the  area  which  is 
ordinarily  payable  by  the  tenant,  he  may  recover  from  the  tenant  any  amount  so  paid  by  him;  but  no 
landlord shall recover from the tenant whether by means of an increase in rent or otherwise the amount of 
any tax on building or land imposed in respect of the premises occupied by the tenant: 

Provided that  nothing  in this  sub-section  shall  affect  the  liability  of  any  tenant  under an  agreement 
entered into before the 1st day of January, 1952, whether express or implied, to pay from time to time the 
amount of any such tax as aforesaid. 

(3) Where a part of the premises let for use to a tenant has been sub-let by him— 

(a) the landlord may lawfully increase the rent payable by the tenant— 

(i)  in  the  case  of  any  premises  let  for  residential  purposes,  by  an  amount  not  exceeding 

twelve and one-half per cent. of the standard rent of the part sub-let; 

(ii) in the case of any premises let for other purposes, by an amount not exceeding twenty-

five per cent. of the standard rent of the part sub-let; 

(b) the tenant may lawfully increase the rent payable by the sub-tenant— 

(i)  in  the  case  of  any  premises  let  for  residential  purposes,  by  an  amount  not  exceeding 

twenty-five per cent. of the standard rent of the part sub-let; and 

(ii)  in  the  case  of  any  premises  let  for  other  purposes,  by  an  amount  not  exceeding  fifty              

per cent. of the standard rent of the part sub-let; 

(c) the tenant shall, on being so requested in writing by the landlord, supply, within fourteen days 
of such request being made, a statement in writing giving full particulars of any sub-letting including 
the rent charged. 

7. Notice of increase of, or addition to, rent.—(1) Where a landlord wishes to increase the rent of 
any premises, he shall give the tenant notice of his intention to make the increase and in so far as such 
increase  is  lawful  under  this  Act,  it  shall  be  due  and  recoverable  only  in  respect  of  the  period  of  the 
tenancy after the end of the month in which the notice is given. 

(2) Every notice under sub-section (1) shall be in writing signed by or on behalf of the landlord and 

given in the manner provided in section 106 of the Transfer of Property Act, 1882 (4 of 1882). 

(3) For the avoidance of doubt, it is hereby declared that the provisions of this section apply equally 

to any increase in rent payable by the sub-tenant. 

8.  Cases  in  which  standard  rent  may  be  fixed  by  court.—(1)  In  any  of  the  following  cases, 

namely:— 

(a)  where,  for  any  reason  whatsoever,  any  dispute  arises  between  a  landlord  and  the  tenant 
regarding  the  amount  of  standard  rent  payable  in  respect  of  any  premises  in  accordance  with  the 
provisions of the Second Schedule; or 

(b) where, at any time on or after the 2nd day of June, 1944, any premises are first let and the rent 

at which they are let is, in the opinion of the court, unreasonable; 

the court may, on an application made to it for the purpose or in any suit or proceeding, fix the standard 
rent at such an amount as, having regard to the provisions of this Act and the circumstances of the  case, 
the court deems just. 

(2) Where there is any dispute between the landlord and the tenant regarding the amount which is a 

lawful increase of the standard rent, the court may determine such amount. 

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(3)  Where  for  any  reason  it  is  not  possible  to  determine  the  standard  rent  of  any  premises  on  the 
principles set forth in the Second Schedule, the court may, on an application made to it for the purpose, 
determine the standard rent, and in so doing, shall have regard to the standard rent of similar premises in 
the same locality and other circumstances of the case. 

(4) Infixing the standard rent of any premises under clause (b) of sub-section (1), the court shall fix an 

amount  which  appears  to  it  to  be  reasonable  and  no  standard  rent  so  fixed  shall  exceed  seven  and              
one-half per cent. of the reasonable cost of construction of such premises. 

Explanation.—For  the  purposes  of  this  sub-section,  the  “cost  of  construction”,  in  respect  of  any 
premises, includes the market value of the land comprised in the premises at the time of the completion of 
such construction. 

(5) The standard rent shall in all cases be fixed as for a tenancy of twelve months: 

Provided  that  where  any  premises  are  let  or  re-let  for  a  period  of  less  than  twelve  months,  the 
standard rent for such tenancy shall bear the same proportion to the annual standard rent as the period of 
tenancy bears to twelve months. 

(6) Where the court determines the standard rent of any premises under this section, the court shall 
determine the standard rent of the premises in an unfurnished state, and may also determine an additional 
charge to be payable on account of any fittings or furniture supplied by the landlord and it shall be lawful 
for the landlord to recover such additional charge from the tenant. 

(7) In every case in which the court determines the standard rent of any premises under this section, it 

shall specify a date from which the standard rent so determined shall be deemed to have effect: 

Provided  that  in  no  case,  the  date  so  specified  shall  be  earlier  than  six  months  prior  to  the  date  of 
filing of the application for the determination of the standard rent or, as the case may be, of the institution 
of the suit or proceeding in which the standard rent is determined. 

9.  Fixation  of  interim  rent  by  the  court.—If  an  application  for  fixing  the  standard  rent  or  for 
determining the lawful increase of such rent is made under section 8, the court shall, as expeditiously as 
possible, make an order specifying the amount of the rent or the lawful increase to be paid by the tenant to 
the landlord pending the final decision of the application and shall appoint a date from which the rent or 
lawful increase so specified shall be deemed to have effect. 

10. Limitation of liability of middleman.—No collector of rents or middleman shall be liable to pay 
to his principal, in respect of any premises, any sum by way of rental charges which exceeds the amount 
which he is entitled under this Act to realise from the tenant or tenants of the premises. 

11. Limitation for applications for fixation of standard rent.—Any landlord or tenant may file an 
application to the court for fixing the standard rent of the premises or for determining the lawful increase 
of such rent— 

(a) in the case of any premises which were let, or in which the cause of action for lawful increase 

of rent arose, before the commencement of this Act, within six months from such commencement; 

(b) in the case of any premises let after the commencement of this Act, within six months from 

the date on which it is so let; and 

(c) in the case of any premises in which the cause of action for lawful increase of rent arises after 

the commencement of this Act, within six months from that date: 

Provided  that  the  court  may  entertain  the  application  after  the  expiry  of  the  said  period  of  six 
months if it is satisfied that the applicant was prevented by sufficient cause from filing the application 
in time. 

12. Refund of rent, premium, etc., not recoverable under this Act.—Where any amount has been 

paid by any person whether before or after the commencement of this Act,— 

(a)  on  account  of  rent,  being  an  amount  which  is  by  reason  of  the  provisions  of  this  Act,  not 

recoverable, or 

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(b) as premium, pugree, fine, advance or other like sum in addition to the rent, the receiving of 

which is prohibited under this Act, 

the court may, on an application made to it in this behalf at any time within a period of six months from 
the date of such payment, direct the landlord by whom or on whose behalf the amount was received to 
refund the amount to such person or, if such person is a tenant, direct that the amount so paid shall be 
deducted from the rent payable by the tenant to the landlord. 

CHAPTER III 

CONTROL OF EVICTION OF TENANTS 

13.  Protection  of  a  tenant  against  eviction.—(1)  Notwithstanding  anything  to  the  contrary 
contained  in  any  other  law  or  any  contract,  no  decree  or  order  for  the  recovery  of  possession  of  any 
premises  shall  be  passed  by  any  court  in  favour  of  the  landlord  against  any  tenant  (including  a  tenant 
whose tenancy is terminated): 

Provided that nothing in this sub-section shall apply to any suit or other proceeding for such recovery 

of possession if the court is satisfied— 

(a) that the tenant has neither paid nor tendered the whole of the arrears of rent due within one 
month of the date on which a notice of demand for the arrears of rent has been served on him by the 
landlord in the manner provided in section 106 of the Transfer of Property Act, 1882 (4 of 1882); or 

(b)  that  the  tenant  without  obtaining  the  consent  of  the  landlord  in  writing  has,  after  the 

commencement of this Act,— 

(i) sub-let, assigned or otherwise parted with the possession of, the whole or any part of 

the premises; or 

(ii) used the premises for a purpose other than that for which they were let; or 

(c) that the tenant, without obtaining the consent of the landlord had, before the commencement 

of this Act,— 

(i) sub-let, assigned or otherwise parted with the possession of, the whole or any part of the 

premises; or 

(ii) used the premises for a purpose other than that for which they were let; or 

(d) that the premises were let for use as a residence and neither the tenant nor any member of his 
family  has  been  residing  therein  for  a  period  of  six  months  immediately  before  the  date  of  the 
institution of any suit or proceeding for recovery of possession; or 

(e) that the premises let for residential purposes are required bona fide by the landlord who is the 
owner  of  such  premises  for  occupation  as  a  residence  for  himself  or  his  family  and  that  he  has  no 
other suitable accommodation: 

Explanation.—For the purposes of this clause, “residential premises” include any premises which 
having been let for use as a residence are, without the consent of the landlord, used incidentally for 
commercial or other purposes; or 

(f) that the premises have become unsafe or unfit for human habitation and are bona fide required 
by  the  landlord  for  carrying  out  repairs  which  cannot  be  carried  out  without  the  premises  being 
vacated; or 

(g)  that  the  premises  are  bona  fide  required  by  the  landlord  for  the  purpose  of  re-building  the 
premises or for the replacement of the premises by any building or for the erection of other buildings 
and that such building or re-building cannot be carried out without the premises being vacated; or 

(h)  that  the  tenant  has,  whether  before  or  after  the  commencement  of  this  Act,  built,  acquired 

vacant possession of, or been allotted, a suitable residence; or 

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(i) that  the  premises  were  let to  the tenant  for  use  as  a  residence  by  reason  of his  being  in  the 
service  or  employment  of  the  landlord,  and  that  the  tenant  has  ceased,  whether  before  or  after  the 
commencement of this Act, to be in such service or employment; or 

(j) that the conduct of the tenant is such that it is a nuisance or that it causes annoyance to the 

occupiers of the neighbouring premises or other occupiers of the same premises; or 

(k) that the tenant has, whether before or after the commencement of this Act, caused or permitted 
to be caused substantial damage to the premises, or notwithstanding previous notice has used or dealt 
with the premises in a manner contrary to any condition imposed on the landlord by the Government 
or  the  Delhi  Improvement  Trust  while  giving  him  a  lease  of  the  land  on  which  the  premises  are 
situated; or 

(l) that the landlord requires the premises in order to carry out any building work at the instance 
of  the  Government  or  the  Delhi  Improvement  Trust  in  pursuance  of  any  improvement  scheme  or 
development scheme. 

(2) No decree or order for recovery of possession shall be passed on the ground specified in clause (a) 
of the proviso to sub-section (1), if, on the first day of the hearing of the suit or within such further time 
as  may  be  allowed  by  the court,  the  tenant  pays  in  court the  arrears  of  rent then  due  together  with  the 
costs of the suit. 

(3) For the purposes of clause (b) or clause (c) of the proviso to sub-section (1), a court may presume 
that the premises let for use as a residence were or are sub-let by a tenant in whole or in part to another 
person, if it is satisfied that such person not being a servant of the tenant or a member of the family of 
such  servant  was  or  has  been  residing  in  the  premises  or  any  part  thereof  for  a  period  exceeding  one 
month otherwise than in commonality with the tenant. 

(4) Where a decree for recovery of possession is passed on the grounds specified in clause (e) of the 
proviso to sub-section (1), the landlord shall not be entitled to obtain possession of the premises by an 
order of the court before the expiration of a period of three months from the date of the decree. 

(5) If the tenant contests the suit as regards the claim for ejectment, the plaintiff-landlord may make 
an application at any stage of the suit for an order on the tenant-defendant to deposit month by month rent 
at  a  rate  at  which  it  was  last  paid  and  also  the  arrears  of  rent,  if  any,  and  the  court,  after  giving  an 
opportunity to the parties to be heard, may make an order for the deposit of rent at such rate month by 
month as it thinks fit and the arrears of rent, if any, and on the failure of the tenant to deposit the arrears 
of rent within fifteen days of the date of the order or to deposit the rent at such rate for any month by the 
15th of the next following month, the court shall order the defence against ejectment to be struck out and 
the  tenant  to  be  placed  in  the  same  position  as  if  he  had  not  defended  the  claim  to  ejectment;  and  the 
landlord may withdraw the amount of money in deposit without prejudice to his claim to any decree or 
order for recovery of possession of the premises. 

(6) For avoidance of doubts it is hereby declared that nothing in this section shall apply to any decree 

or order for recovery of possession of any premises passed before the commencement of this Act. 

14. Recovery of possession for occupation and re-entry.—Where a landlord recovers possession of 
any premises from the tenant by virtue of any decree or order made on the grounds specified in clause (e) 
of  the  proviso  to  sub-section  (1)  of  section  13  and  the  premises  are  not  occupied  by  the  landlord  as  a 
residence  for  himself  or  his  family  within  two  months  of  obtaining  such  possession  or  the  premises 
having been so occupied, are, at any time within eight months of such occupation, re-let in whole or in 
part to any person other than the evicted tenant, the court may, on the application of such evicted tenant, 
place him in vacant possession of the premises and award such damages to him as it thinks fit against the 
landlord. 

15. Recovery of possession for repairs and re-building and re-entry.—(1) The court shall, when 

passing  any  decree  or  order  on  the  grounds  specified  in  clause  (f)  or  clause  (g)  of  the  proviso  to                  
sub-section (1) of section 13, ascertain from the tenant whether he elects to be placed in occupation of the 
premises or part thereof from which he is to be evicted and if the tenant so elects, shall record the fact of 
the  election  in  the  decree  or  order  and  specify  therein  the  date  on  or  before  which  he  shall  deliver 

8 

 
possession so as to enable the landlord to commence the work of repairs or building or re-building, as the 
case may be. 

(2) If the tenant delivers possession on or before the date specified in the decree or order, the landlord 
shall, on the completion of the work of repairs or building or re-building place the tenant in occupation of 
the premises or part thereof. 

(3) If, after the tenant has delivered possession on or before the date specified in the decree or order, 
the  landlord  fails  to  commence  the  work  of  repairs  or  building  or  re-building  within  one  month  of  the 
specified date or fails to complete the work in a reasonable time or having completed the work, fails to 
place the tenant in occupation of the premises in accordance with sub-section (2), the court may, on the 
application  of  the  tenant  made  within  one  year  from  the  specified  date,  order  the  landlord  to  place  the 
tenant in occupation of the premises or part thereof on the original terms and conditions or to pay to such 
tenant such compensation as may be fixed by the court. 

16.  Recovery  of  possession  in  case  of  tenancies  for  limited  period.—Where  a  landlord  does  not 
require  the  whole  or  any  part  of  any  premises  for  a  particular  period  and  he  lets  the  premises  or  part 
thereof as a residence for such period as may be agreed to in writing between himself and the tenant and 
the  tenant  does  not,  on  the  expiry  of  the  said  period,  vacate  such  premises,  the  court  may,  on  an 
application of such landlord, place him in vacant possession of the premises or part thereof by evicting 
the tenant and every other person who may be in occupation of such premises. 

17. Special provision for recovery of possession in certain cases.—Where the landlord in respect 
of any premises is any company or other body corporate or any local authority, or any public institution 
and  the  premises  are  required  for  the  use  of  employees  of  such  landlord  or  in  the  case  of  a  public 
institution, for the furtherance of its activities then, notwithstanding anything contained in section 13, the 
court  may,  on  an  application  of  such  landlord,  place  him  in  vacant  possession  of  such  premises  by 
evicting the tenant and every other person who may be in occupation thereof, if the court is satisfied— 

(a) that the tenant, to whom such premises were let for use as a residence at a time when he was 

in the service or employment of the landlord, has ceased to be in such service or employment; or 

(b) that the tenant has acted in contravention of the terms, express or implied, under which he was 

authorised to occupy such premises; or 

(c) that any person is in unauthorised occupation of such premises; or 

(d)  that  the  premises  are  bona  fide  required  by  the  public  institution  or  the  furtherance  of  its 

activities. 

Explanation.—For the purposes of this section, public institution includes any educational institution, 

library, hospital and charitable dispensary. 

18.  Permission  to  construct  additional  structures.—Where  the  landlord  proposes  to  make  any 
improvement in, or construct any additional structure on, any building which has been let to a tenant and 
the tenant refuses to allow the landlord to make such improvement or construct such additional structure, 
the  landlord  may  apply  to  the  court  and  the  court  may,  if  it  is  satisfied  that  the  landlord  is  ready  and 
willing to commence the work and that such work will not cause any undue hardship to the tenant, permit 
the landlord to do such work and may make such other orders as it thinks fit in the circumstances of the 
case. 

19.  Special  provision  regarding  vacant  building  sites.—(1)  The  provisions  of  this  section  shall 
apply notwithstanding anything contained in section 13, but only in relation to premises in such areas as 
the Central Government may, from time to time, specify by notification in the Official Gazette. 

(2) Where any premises which have been let comprise vacant grounds upon which it is permissible 
under  the  building  regulations  or  other  municipal  bye-laws  for  the  time  being  in  force  to  erect  any 
building,  whether for  use as  a  residence  or any  other  purpose  and  the  landlord  proposing  to  erect  such 
building  is  unable  to  obtain  possession  of  these  grounds  from  the  tenant  by  agreement  with  him,  the 
landlord may apply to the court, and the court may, if it is satisfied that the landlord is ready and willing 

9 

 
to commence the work and that the severance of the vacant grounds from the rest of the premises will not 
cause undue hardship to the tenant,— 

(a) direct such severance, 

(b) place the landlord in possession of the vacant grounds, 

(c) determine the rent payable by the tenant thereafter in respect of the rest of the premises, and 

(d) make such other orders as it thinks fit in the circumstances of the case. 

20. Sub-tenant to become tenant on determination of tenancy.—Where the interest of a tenant of 
any  premises  is  determined  for  any  reason,  any  sub-tenant  to  whom  the  whole  or  any  part  of  such 
premises has been lawfully sub-let whether before or after the commencement of this Act shall, subject to 
the  provisions  of  this  Act,  be  deemed  to  become  the  tenant  of  the  landlord  on  the  same  terms  and 
conditions on which he would have held from the tenant if the tenancy had continued. 

21.  Vacant  possession  to  the  landlord.—Notwithstanding  anything  contained  in  any  other  law, 
where the interest of a tenant in any premises is determined for any reason whatsoever and any decree or 
order is passed by a court under this Act for the recovery of possession of such premises, the decree or 
order shall, subject to the provisions of section 20, be binding on all persons who may be in occupation of 
the  premises  and  vacant  possession  thereof  shall  be  given  to  the  landlord  by  evicting  all  such  persons 
therefrom: 

Provided that nothing in this section shall apply to any person who has an independent title to such 

premises. 

CHAPTER IV 

HOTELS AND LODGING HOUSES 

22.  Application  of  this  Chapter.—The  provisions  of  this  Chapter  shall  apply  to  all  hotels  and 
lodging  houses  within  the  Municipalities  of  New  Delhi  and  Delhi  and  the  Notified  Area  of  the  Civil 
Station, Delhi and may be applied by the Central Government, by notification in the Official Gazette, to 
such other areas in the State of Delhi or Ajmer as may be specified in the notification. 

23.  Appointment  of  Controller.—The  Central  Government  may,  by  notification  in  the  Official 
Gazette,  appoint  any  person  to  be  a  Controller  for  the  purpose  of  performing  the  functions  assigned  to 
him by this Chapter. 

24. Fixing of fair rate.—(1) Where the Controller, on a written complaint or otherwise, has reason to 
believe that the charges made for board or lodging or any other service provided in any hotel or lodging 
house are excessive, he may fix a fair rate to be charged for board, lodging or other services provided in 
the hotel or lodging house and in fixing such fair rate, specify separately the rate for lodging, board or 
other services. 

(2)  In  determining  the  fair  rate  under  sub-section  (1),  the  Controller  shall  have  regard  to  the 
circumstances of the case and to the prevailing rate of charges for the same or similar accommodation, 
board and service, during the twelve months immediately preceding the 1st day of September, 1939 and 
to any general increase in the cost of living after that date. 

25. 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, 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 the fair rate. 

26. Charges in excess of fair rate not recoverable.—When the Controller has determined the fair 

rate of charges— 

(a)  the  manager  of  the  hotel  or  the  owner  of  the  lodging  house,  as  the  case  may  be,  shall  not 
charge any amount in excess of the fair rate and shall not, except with the previous written consent of 
the  Controller,  withdraw  from  the  lodgers  any  concession  or  service  allowed  at  the  time  when  the 
Controller determined the fair rate; 

10 

 
(b)  any  agreement  for  the  payment  of  any  charges  in  excess  of  such  fair  rate  shall  be  void  in 
respect of such excess and shall be construed as if it were an agreement for payment  of the said fair 
rate; 

(c) any sum  paid by a lodger in excess of the fair rate shall be recoverable by him at any time 
within  a  period  of  six  months  from  the  date  of  the  payment  from  the  manager  of  the  hotel  or  the 
owner of the lodging house or his legal representatives and may, without prejudice to any other mode 
of recovery, be deducted by such lodger from any amount payable by him to such manager or owner. 

27.  Provisions  relating  to  inquiries  by  Controller.—(1)  No  fair  rate  under  this  Chapter  shall  be 

fixed by the Controller except after holding an inquiry. 

(2) Every such inquiry shall be made summarily in the prescribed manner. 

(3)  For  the  purposes  of  holding  any  inquiry  under  sub-section  (1),  the  Controller  may  require  the 
manager  of  a  hotel  or  the  owner  of  a  lodging  house  to  produce  before  him  any  books  of  account, 
documents or other information relating to the hotel or lodging house concerned which he may consider 
necessary and may himself enter, or authorise any person subordinate to him to enter, upon any premises 
to which the inquire relates. 

28.  Recovery  of  possession  by  manager  of  a  hotel  or  the  owner  of  a 

lodging                                     

house.—  Notwithstanding  anything  contained  in  this  Act,  a  manager  of  a  hotel  or  owner  of  a  lodging 
house  shall  be  entitled  to  recover  possession  of  the  accommodation  provided  by  him  on  obtaining  a 
certificate from the Controller certifying— 

(a) that the lodger has been guilty of conduct which is a nuisance or which causes annoyance to 

any adjoining or neighbouring lodger; 

(b)  that  the  accommodation  is  reasonably  and  bona  fide  required  by  the  owner  of  the  hotel  or 
lodging house, as the case may be, either for his own occupation or for the occupation of any person 
for whose benefit the accommodation is held, or any other cause which may be deemed satisfactory 
by the Controller; 

(c) that the lodger has failed to vacate the accommodation on the termination of the period of the 

agreement in respect thereof; 

(d)  that  the  lodger  has  done  any  act  which  is  inconsistent  with  the  purpose  for  which  the 
accommodation was given to him or which is likely to affect adversely or substantially the owner's 
interest therein; 

(e) that the lodger has failed to pay the rent due from him. 

29.  Appeals.—(1)  Any  person  aggrieved  by  the  order  of  the  Controller  under  this  Chapter  may, 
within fifteen days on which the order is communicated to him, prefer an appeal in writing to the Chief 
Commissioner. 

(2) The Chief Commissioner shall call for the record of the Controller and after examining the record 
and  after  making  such  further  inquiry  as  he  thinks  fit  either  personally  or  through  the  Controller,  shall 
decide the appeal. 

(3)  The  decision  of  the  Chief  Commissioner  and  subject  only  to  such  decision,  the  order  of  the 

Controller shall, for the purposes of this Chapter, be final. 

30. Penalty.—Any manager of a hotel or owner of a lodging house who— 

(i)  fails  or  refuses  to  produce  before  the  Controller  any  books  of  account  or  document  or  other 
information which the Controller may require him to produce under sub-section (3) of section 27, or 
refuses to allow the Controller or any person authorised by him under the said sub-section access to 
the premises to which the inquiry relates; or 

(ii) charges any amount in excess of the fair rate in contravention of section 26, 

shall be punishable with imprisonment for a term which may extend to three years or with fine or with 
both. 

11 

 
31. Controller to be deemed to be public servant.—A controller appointed under this Act shall be 
deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Act XLV of 
1860). 

32. Protection of action taken under this Chapter.—No suit, prosecution or other legal proceeding 
shall lie against a Controller in respect of anything which is in good faith  done or intended to be done 
under this Chapter. 

JURISDICTION OF COURTS APPEALS, REVIEW AND REVISION 

CHAPTER V 

33. Jurisdiction of courts.—(1) Any civil court in the State of Delhi or Ajmer which has jurisdiction 
to hear and decide a suit for recovery of  possession of any premises shall have jurisdiction to hear and 
decide any case under this Act relating to such premises if it has pecuniary jurisdiction and is otherwise 
competent to hear and decide such a case under any law for the time being in force. 

(2) The value of any case under this Act, for the purposes of the pecuniary jurisdiction of the court, 
shall be determined by the amount of rent which is or would be payable for a period of twelve months, 
calculated according to the highest amount claimed in the case: 

Provided that in the case of any proceeding based on the certificate of the Controller under section 28, 
such value shall be determined by the amount of rent which is or would be payable for a period of one 
month. 

(3) If any question arises whether any suit, application or other proceeding is a case under this Act, 

the question shall be determined by the court. 

(4)  For  the  purposes  of  this  Chapter,  a  case  under  this  Act,  includes  any  suit,  application  or  other 
proceeding  under  this  Act  and  also  includes  any  claim  or  question  arising  out of  this  Act  or  any  of  its 
provisions  but  does  not  include  any  proceeding  which  a  Controller  is  empowered  to  decide  under          
Chapter IV. 

34. Appeals.—(1) any person aggrieved by any decree or order of a court passed under this Act may, 

in such manner as may be prescribed, prefer an appeal— 

(a)  to  the  court  of  the  senior  subordinate judge,  if  any,  where  the  value  of  the case  does  not 

exceed two thousand rupees: 

Provided that here there is no senior subordinate judge, the appeal shall lie to the district judge; 

(b) to the court of the district judge, where the value of the case exceeds two thousand rupees 

but does not exceed ten thousand rupees; and 

(c) to the High Court, where the value of the case exceeds ten thousand rupees. 

(2) No second appeal shall lie from any decree or order passed in any case under this Act. 

35.  Revision  and  review.—(1)  The  High  Court  may,  at  any  time,  call  for  the  record  of  any  case 
under this Act for the purpose of satisfying itself that a decision made therein is according to law and may 
pass such order in relation thereto as it thinks fit. 

(2) Any court may, after giving notice to the parties, review its own order. 

36. Limitation.—Subject to the provisions of Part II and Part III of the Indian Limitation Act, 1908 
(IX of 1908), any person aggrieved by a decree or an order passed in any case under this Act may prefer 
an appeal— 

(a) where it lies to any court other than the High Court within thirty days from the date of such 

decree or order; and 

(b) where it lies to the High Court, within sixty days from the date of such decree or order. 

37. Procedure before courts.—Subject to any rules that may be made under this Act, the court may 
hold a summary inquiry into any case under this Act (other than a suit for eviction under section 13 in 
which the question of title is involved) and the practice and the procedure of a court of small causes shall, 

12 

 
as far as may be, apply to such cases as if they were suits and other proceedings cognizable by a court of 
small causes. 

CHAPTER VI 

MISCELLANEOUS 

38. Act to over-ride other laws.—The provisions of this Act and of the rules made thereunder shall 
have effect notwithstanding anything inconsistent therewith contained in any other law for the time being 
in force or in any instrument having effect by virtue of any such law. 

39. Exemption of certain premises from the operation of the Act.—All premises, the construction 
of  which  is  completed  after  the  1st  day  of  June,  1951,  but  before  the  expiry  of  three  years  from  the 
commencement  of  this  Act,  shall  be  exempt  from  the  operation  of  all  the  provisions  of  this  Act  for  a 
period of seven years from the date of such completion. 

40. Landlords duty to keep the premises in good repair.—(1) Notwithstanding anything contained 
in any law for the time being in force, and in the absence of agreement to the contrary by the tenant, every 
landlord shall be bound to keep the premises in good and tenantable repair. 

(2)  If  the  landlord  neglects  or  fails  to  make  within  a  reasonable  time,  after  notice  in  writing  any 
repairs  which  he  is  bound  to  make  under  sub-section  (1),  the  tenant  may  make  the  same  himself  and 
deduct the expenses of such repairs from the rent or otherwise recover them from the landlord: 

Provided that the amount so deducted or recoverable in any year shall not exceed one-twelfth of the 

rent payable by the tenant for that year. 

(3)  Where  any  repairs  without  which  the  premises  are  not  habitable  or  useable  except  with  undue 
inconvenience are to be made and the landlord neglects or fails to make them after notice in writing, the 
tenant may apply to the court for permission to make such repairs himself, provided that the cost of such 
repairs does not exceed rent for a period of two years payable by that tenant and where such repairs are 
made  with  the  permission  of  the  court,  the  limitation  as  to  the  amount  deductible  or  recoverable  as 
provided in sub-section (2) shall not apply. 

41.  Cutting  off  or  withholding  essential  supply  or  service.—(1)  No  landlord  either  himself  or 
through  any  person  purporting  to  act  on  his  behalf  shall  without  just  or  sufficient  cause  cut  off  or 
withhold any essential supply or service enjoyed by the tenant in respect of the premises let to him. 

(2) If a landlord contravenes the provisions of sub-section (1), the tenant may make an application to 

the court complaining of such contravention. 

(3) If the court is satisfied that the essential supply or service was cut off or withheld by the landlord 
with a view to compel the tenant to vacate the premises or to pay an enhanced rent, the court may pass an 
order  directing  the  landlord  to  restore  the  amenities  immediately  pending  the  inquiry  referred  to  in       
sub-section (4). 

Explanation.—An  interim  order  may  be  passed  under  this  sub-section  without  giving  notice  to  the 

landlord. 

(4) If the court on inquiry finds, that the essential supply or service enjoyed by the tenant in respect of 
the premises  was  cut  off or  withheld by  the landlord  without just  or  sufficient cause,  he  shall  make  an 
order directing the landlord to restore such supply or service. 

(5) The court may in its discretion direct that compensation not exceeding fifty rupees— 

(a)  be  paid  to  the  landlord  by  the  tenant,  if  the  application  under  sub-section  (2)  was  made 

frivolously or vaxatiously; 

(b)  be  paid  to  the  tenant  by  the  landlord  if  the  landlord  had  cut  off  or  withheld  the  supply  or 

service without just or sufficient cause. 

Explanation.—In this section, “essential supply or service” includes supply of water, electricity, lights 

in passages and on staircases, conservancy and sanitary services. 

13 

 
42.  Landlords  duty  to  give  notice  of  new  constructions  to  Government.—Whenever,  after  the 
commencement  of  this  Act,  any  premises  are  constructed,  the  landlord  shall,  within  thirty  days  of  the 
completion  of  such  construction,  give  intimation  thereof  in  writing  to  the  Estate  Officer  to  the 
Government of India or to such other officer as may be specified in this behalf by the Government. 

43. Leases of vacant premises to Government.—(1) The provisions of this section shall apply only 
in relation to premises within the Municipality of New Delhi which are, or are intended to be let for use as 
a residence. 

(2) Whenever any premises the standard rent of which is not less than two thousand and four hundred 
rupees  per  year  becomes  vacant,  either  by  the  landlord  ceasing  to  occupy  the  premises  or  by  the 
termination of a tenancy or by the eviction of a tenant or by the release of the premises from requisition or 
otherwise,— 

(a) the landlord shall, within seven days of the premises becoming vacant, give intimation thereof 

in writing to the Estate Officer to the Government of India; 

(b) whether or not such intimation is given, the Estate Officer may serve on the landlord by post 

or otherwise a notice— 

(i) informing him that the premises are required by the Government for such period as may be 

specified in the notice, and 

(ii) requiring him, and every person claiming under him, to deliver possession of the premises 

forthwith to such officer or person as may be specified in the notice: 

Provided that where the landlord has given the intimation required by clause (a) no notice shall be 
issued  by  the  Estate  Officer  under  clause  (b)  more  than  seven  days  after  the  delivery  to  him  of  the 
intimation: 

Provided further that nothing in this sub-section shall apply in respect of any premises the possession 
of which has been obtained by the landlord on the basis of any decree or order made on the grounds set 
forth in clause (e) of the proviso to sub-section (1) of section 13 or in respect of any premises which have 
been released from requisition for the use and occupation of the landlord himself. 

(3) Upon the service of a notice under clause (b) of sub-section (2), the premises shall be deemed to 
have been leased to the Government for the period specified in the notice, as from the date of the delivery 
of the intimation under clause (a) of sub-section (2) or in a case where no such intimation has been given, 
as from the date on which possession of the premises is delivered in pursuance of the notice, and the other 
terms of the lease shall be such as may be agreed upon between the Government and the landlord or in 
default of agreement, as may be determined by the court, in accordance with the provisions of this Act. 

(4) In every case where the landlord has in accordance with the provisions of sub-section (2) given 
intimation of any premises becoming vacant and the premises are not taken on lease by the Government 
under  this  section,  the  Government  shall  pay  to  the  landlord  a  sum  equal  to  one-fifty-second  of  the 
standard rent per year of the premises. 

(5) Any premises taken on lease by the Government under this section may be put to any such use as 
the Government thinks fit, and in particular the Government may permit the use of the premises for the 
purposes  of  any  public  institution  or  any  foreign  embassy,  legation  or  consulate  or  any  High 
Commissioner or Trade Commissioner, or as a residence by any officer in the service of the Government 
or of a foreign embassy, legation or consulate or of a High Commissioner or Trade Commissioner. 

44.  Penalties.—(1)  If  any  person  receives  any  payment  in  contravention  of  the  provisions  of                    

section 5, he shall be punishable with simple imprisonment for a term which may extend to three months, 
or with fine which may extend to an amount exceeding one thousand rupees by the amount of unlawful 
charges so received by him, or with both. 

(2) If any tenant fails to comply with the provisions of clause (c) of sub-section (3) of section 6, or 
supplies  under  that  clause,  a  statement  which  is  false  in  any  material  particular,  he  shall  be  punishable 
with fine which may extend to one thousand rupees. 

14 

 
(3)  If  any  tenant  sub-lets  the  whole  or  part  of  any  premises  in  contravention  of  the  provisions  of 
clause  (b)  of  the  proviso  to  sub-section  (1)  of  section  13,  he  shall  be  punishable  with  fine  which  may 
extend to one hundred rupees. 

(4) If any landlord contravenes the provisions of section 41, he shall be punishable with imprisonment 

for a term which may extend to three months or with fine, or with both. 

(5) If any landlord fails to comply with the provisions of section 42, he shall be punishable with fine 

which may extend to one hundred rupees. 

(6) If any person contravenes the provisions of clause (a) of sub-section (2) of section 43, or fails to 
comply with a requirement under clause (b) thereof, he shall be punishable with simple imprisonment for 
a term which may extend to three months, or with fine which may extend to one thousand rupees, or with 
both. 

(7)  No  court  shall  take  cognizance  of  an  offence  punishable  under  sub-section  (1)  unless  the 
complaint in respect of the offence has been made within three months from the date of the commission 
of the offence. 

(8)  Notwithstanding  anything  contained  in  the  Code  of  Criminal  Procedure,  1898  (Act  5  of  1898), 
any magistrate of the first class may pass a sentence of fine exceeding one thousand rupees on a person 
convicted of an offence punishable under sub-section (1). 

45. 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:— 

(a) the manner of service of notice under this Act; 

(b)  the  procedure  to  be  followed  by  courts  for  hearing  suits,  applications  or  other  legal 

proceedings and in executing decrees or order is passed by such courts; 

(c) the manner in which courts may hold summary inquiry under this Act; 

(d) levy of court-fees and other fees for suits, applications and other proceedings under this Act; 

(e) the manner in which a controller may hold enquiry under Chapter IV; 

(f) any other matter which has to be, or may be, prescribed. 

46. Repeals and savings.—(1) The Delhi and Ajmer-Merwara Rent Control Act, 1947 (19 of 1947) 

is hereby repealed. 

(2) Notwithstanding such repeal, all suits and other proceedings pending at the commencement of this 
Act, whether before any court or the Rent Controller appointed under the Fourth Schedule to the said Act, 
shall be 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  the  procedure  laid  down  in  this  Act  shall,  as  far  as  may  be,  apply  to  suits  and  other 

proceedings pending before any court. 

(3)  Part  IV  of  the  Bombay  Rents,  Hotel  Rates  and  Lodging  House  Rates  (Control)  Act,  1944 
(Bombay Act VII of 1944) as extended to the Municipality of New Delhi, the Notified Area of the Civil 
Station,  Delhi  and  the  Municipality  of  Delhi  by  a  notification  of  the  Government  of  India  in  the  late 
Department  of  Works,  Mines  and  Power  No.1884-W.II/47,  dated  the  18th  March,  1947  shall  cease  to 
have  effect  in  the  said  areas;  and  for  the  removal  of  doubts;  it  is  hereby  declared  that  section  6  of  the 
General Clauses Act, 1897 (X of 1897) shall apply in relation to such cesser as it applies in relation to the 
repeal of an enactment by a Central Act. 

15 

 
THE FIRST SCHEDULE 

[See section 1(2)] 

AREAS TO WHICH THE ACT EXTENDS 

A. The State of Delhi— 

1. The Municipality of Delhi; 

2. The Municipality of New Delhi; 

3. The Cantonment of Delhi; 

4. The Notified Area of the Civil Station, Delhi; 

5. The Municipality of Shahdara; 

6. The Notified Area, Red Fort; 

7. The West Notified Area, Delhi. 

B. The State of Ajmer— 

1. The Municipality of Ajmer and all land within one mile of the limits of that Municipality; 

2. The Municipality of Beawar and all land within one mile of the limits of that Municipality; 

3.  The  Cantonment  of  Nasirabad  and  all  land  within  one  mile  of  the  limits  of  that  Cantonment.

16 

 
THE SECOND SCHEDULE 

[See section 2 (i)] 

PART A 

PROVISIONS FOR DETERMINING THE STANDARD RENT OF PREMISES 

IN THE STATE OF DELHI 

1. In this Part of this Schedule, “basic rent” in relation to any premises means— 

(a) where the fair rent of the premises has been determined or redetermined under the provisions 
of the New Delhi House Rent Control Order, 1939 the rent as so determined or, as the case may be, 
redetermined; 

(b)  where  the  standard  rent  of  the  premises  has  been  fixed  by  the  court  under  section  7  of  the 

Delhi Rent Control Ordinance, 1944 (XXV of 1944), the rent as so fixed; 

(c) in any other case, 

(i) the rent at which the premises were let on the 1st day of November, 1939, or 

(ii) if the premises were not let on that date, the rent at which they were first let at any time 

after that date but before the 2nd day of June, 1944. 

2. Where the premises in respect of which rent is payable were let, for whatever purpose, on or after 

the 2nd day of June, 1944, the standard rent of the premises shall be— 

(a)  where  the  standard  rent  of  the  premises  has  been  fixed  by  the  Rent  Controller  under  the 

provisions  of  the  Fourth  Schedule  to  the  Delhi  and  Ajmer-Merwara  Rent  Control  Act,  1947             
(19 of 1947), such standard rent; or 

(b)  where  the  standard  rent  has  been  fixed  by  the  court  under  clause  (b)  of  sub-section  (1)  of 

section 8, such standard rent; or 

(c) in any other case, so long as the standard rent is not fixed by the court, the rent at which the 

premises were first let. 

3. Where the premises in respect of which rent is payable not being premises to which paragraph 2 
applies, are let 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  standard  rent  of  the 
premises shall be the basic rent increased by— 

(a) 12½ per cent. thereof, if the basic rent per annum is not more than Rs. 300; 

(b)  15⅝  per  cent. thereof,  if  the  basic  rent  per  annum  is  more  than  Rs.  300,  but  not  more  than     

Rs. 600; 

(c)  18¾  per  cent.  thereof, if  the  basic rent  per  annum  is  more  than  Rs.  600,  but  not  more  than     

Rs. 1,200; or 

(d) 25 per cent. thereof, if the basic rent per annum is more than Rs. 1,200. 

4. Where the premises in respect of which rent is payable, not being premises to which paragraph 2 
applies,  are  let  for  any  purpose  other  than  those  mentioned  in  paragraph  3,  the  standard  rent  of  the 
premises  shall  be  the  basic  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 in respect of which rent is payable, not being  premises to which paragraph 2 
applies, are used mainly as a residence and incidentally for business or profession, the standard rent of the 
premises shall be the mean of the rent as calculated under paragraphs 3 and 4. 

17 

 
PART B 

PROVISIONS FOR DETERMINING THE STANDARD RENT OF PREMISES IN THE STATE OF AJMER 

1. In this Part of this Schedule, “basic rent” in relation to any premises means— 

(a) where the fair rent of the premises has been determined or predetermined under the provisions 
of  the  Ajmer  House  Rent  Control  Order,  1943,  the  rent  as  so  determined  or,  as  the  case  may  be, 
predetermined; 

(b) in any other case,— 

(i) the rent at which the premises were let on the 1st day of September, 1939, or 

(ii) if the premises were not let on that date, the rent at which they were first let at any time 

after that date but before the 2nd day of June, 1944. 

2. Where the premises in respect of which rent is payable were let, for whatever purpose on or after 

the 2nd day of June, 1944, the standard rent of the premises shall be— 

(a)  where  the  standard  rent  has  been  fixed  by  the  court  under  clause  (b)  of  sub-section  (1)  of 

section 8, such standard rent; or 

(b) in any other case, so long as the standard rent is not fixed by the court, the rent at which the 

premises were first let. 

3.  Where  the  premises  in  respect  of  which  rent  is  payable  are  let  for  use  as  a  residence,  not  being 
premises to which paragraph 2 applies, the standard rent of the premises shall be the basic rent increased 
by— 

(a) 8½ per cent. thereof, if the basic rent per annum is not more than Rs. 300; 

(b)  12½  per  cent.  thereof,  if  the  basic  rent  per  annum  is  more  than  Rs.  300  but  not  more  than        

Rs. 600; 

(c)  18¾  per  cent.  thereof, if  the  basic rent  per  annum  is  more  than  Rs.  600,  but  not  more  than     

Rs. 1,200; or 

(d) 25 per cent. thereof, if the basic rent per annum is more than Rs. 1,200. 

4. Where the premises in respect of which rent is payable are let for any purpose other than use as a 
residence, not being premises to which paragraph 2 applied, the standard rent of the premises shall be the 
basic rent increased by— 

(a) 25 per cent. thereof, if the basic rent per annum is not more than Rs. 600; 

(b)  37½  per  cent.  thereof, if the  basic rent  per  annum  is  more  than  Rs.  600,  but  not  more  than     

Rs. 1,200; or 

(c) 50 per cent. thereof, if the basic rent per annum is more than Rs. 1,200. 

5. Where the premises in respect of which rent is payable, not being premises to which paragraph 2 
applies, are used mainly as a residence and incidentally for business or profession, the standard rent of the 
premises shall be the mean of the rent as calculated under paragraphs 3 and 4. 

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