The Delhi and Ajmer Rent Control Act, 1952

(1) This Act may be called the Delhi and Ajmer RentControl Act, 1952. (2) It extends to the areas specified in the First Schedule and may be extended by the CentralGovernment, by notification in the Official Gazette, to such other areas in the State of Delhi or Ajmer asmay, 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 ceaseto 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 date1as the Central Government may, by notification in theOfficial Gazette, appoint.

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 undersection 25; (b) "hotel or lodging house" means a building or part of a building where lodging with or withoutboard 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, therent of any premises, whether on his own account or on account of, or on behalf of, or for the benefitof, any other person or as a trustee, guardian or receiver for any other person or who would so receivethe 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 onhis 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, letseparately 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 abuilding; (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,-- (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 thepremises 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 andincludes such sub-tenants and other persons as have derived title under a tenant under the provisionsof any law before the commencement of this Act.

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

(1) Except where rent is liable to periodicalincrease by virtue of an agreement entered into before the 1st day of January, 1939 or where rent ispayable under a lease entered into before the 1st day of January, 1939, which has not expired before thefirst day of the period for which the rent is claimed, no tenant shall, notwithstanding any agreement to thecontrary, be liable to pay to his landlord for the occupation of any premises any amount in excess of thestandard rent of the premises unless such amount is a lawful increase of the standard rent in accordancewith the provisions of this Act. (2) Subject to the provisions of sub-section (1), any agreement for the payment of rent in excess ofthe standard rent shall be null and void and shall be construed as if it were an agreement for the paymentof the standard rent only.

(1) Subject to the provisions of this Act, noperson shall claim or receive any rent in excess of the standard rent, notwithstanding any agreement to thecontrary. (2) No person shall, in consideration of the grant, continuance or renewal of a tenancy or sub-tenancyof any premises, claim or receive the payment of any premium, pugree, fine, advance or any other likesum in addition to the rent. Explanation.--Receipt of rent in advance for a period not exceeding one month shall not be deemedto 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 thetenant or a sub-tenant to claim or receive any payment in consideration of the relinquishment of histenancy 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 ofNovember, 1939; or (b) to any payment made under an agreement by any person to a landlord for the purpose offinancing 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 partof 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 ofthe 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, inthe 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.