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Start Free TrialDelhi Rent Act, 1995 Section 41
Title: Charges in Excess of Fair Rate Not Recoverable
State: Central
Year: 1995
When the Rent Authority has determined the fair rate of charges in respect of a hotel or lodging house,-- (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 permission of the Rent Authority, withdraw from the lodger any concession or service allowed at the time when the Rent Authority determined the fair rate; (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.
View Complete Act List Judgments citing this sectionDelhi Rent Act, 1995 Section 39
Title: Fixing of Fair Rate
State: Central
Year: 1995
(1) Where the Rent Authority, 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 Rent Authority 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 June, 1951, and any general increase in the cost of living after that date.
View Complete Act List Judgments citing this sectionDelhi Rent Act, 1995 Section 40
Title: Revision of Fair Rate
State: Central
Year: 1995
On a written application from the manager of a hotel or the owner of a lodging house or otherwise, the Rent Authority may, from time to time, revise the fair rate to be charged for board, lodging or other service in a hotel or lodging house, 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 fair rate.
View Complete Act List Judgments citing this sectionDelhi Rent Act, 1995 Chapter V
Title: Hotels and Lodging Houses
State: Central
Year: 1995
.....the purposes of this clause, "nuisance" shall be deemed to include any act which constitutes an offence under the Immoral Traffic (Prevention) Act, 1956(104 of 1956); (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 to the Rent Authority; (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.
View Complete Act List Judgments citing this sectionDelhi Rent Act, 1995 Complete Act
Title: Delhi Rent Act, 1995
State: Central
Year: 1995
Preamble1 - DELHI RENT ACT, 1995 Chapter I Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Certain provisions not to apply to premises Section4 - Registration of tenancy agreements Section5 - Inheritability of tenancy Chapter II Section6 - Rent payable Section7 - Standard rent Section8 - Other charges payable Section9 - Revision of rent in certain cases Section10 - Notice of revision of rent Section11 - Rent Authority to fix standard rent, etc. Section12 - Fixation of interim rent Section13 - Limitation for application for fixation of standard rent, etc Section14 - Limitation of liability of middlemen. Section15 - Receipt to be given for rent paid Section16 - Deposit of rent by tenant Section17 - Time limit for making deposit and consequences of incorrect particulars in application for deposit Section18 - Saving as to acceptance of rent and other charges payable and forfeiture thereof in deposit Chapter III Section19 - Duties of landlord Section20 - Duties of tenant Section21 - Cutting off or withholding essential supply or service Chapter IV Section22 - Protection of tenant against eviction Section23 - Right to recover.....
List Judgments citing this sectionDelhi Rent Act, 1995 Section 2
Title: Definitions
State: Central
Year: 1995
.....a hotel or a lodging house; (k) "prescribed" means prescribed by rules made under this Act; (l) ''Rent Authority" means an authority appointed under sub-section (1) of section 43 and includes an additional Rent Authority appointed under sub-section (2) of that section; (m) "standard rent", in relation to any premises, means the rent calculated under section 7; (n) "tenant" means any person by whom or on whose 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 termination of his tenancy. but does not include-- (i) any person against whom an order or decree for eviction has been made, except where such decree or order for eviction is liable to be re-opened under the proviso to section 3 of the Delhi Rent Control (Amendment) Act, 1976(18 of 1976); (ii) any person to whom a licenses as defined in section 52 of the Indian Easements Act, 1882 has been granted; (o) "Tribunal" means the Delhi Rent Tribunal established under section 46; (p) "urban area" has the same meaning as in the Delhi Municipal Corporation Act, 1957.
View Complete Act List Judgments citing this sectionDelhi Rent Act, 1995 Chapter I
Title: Preliminary
State: Central
Year: 1995
....."Tribunal" means the Delhi Rent Tribunal established under section 46; (p) "urban area" has the same meaning as in the Delhi Municipal Corporation Act, 1957. Section 3 - Certain provisions not to apply to premises (1) Nothing in this Act shall apply-- (a) to any premises belonging to the Government or a local authority; (b) to any tenancy or other like relationship created by a giant from the Government in respect of the premises taken on lease or requisitioned, by the Government: Provided that where any premises belonging to Government have been or are lawfully let out by any person by virtue of an agreement with the Government or otherwise, then, notwithstanding any judgment, decree or order of any court or other authority, the provisions of this Act shall apply to such tenancy; (c) to any premises, whether residential Section 4 - Registration of tenancy agreements (1) Notwithstanding anything contained in section 107 of he Transfer of Property Act, 1882(4 of 1882), no person shall, after the commencement of this Act, let or take on rent any premises except by an agreement in writing. (2) Every agreement referred to in sub-section (1) or required to be.....
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 72
Title: Annual Contribution Payable to Board
State: Central
Year: 1995
.....of the Chief Executive Officer is incorrect or false in any material particular, or which does not comply with the provisions of this Act or any rule or order made thereunder, the Chief Executive Officer may assess the net annual income of the wakf to the best of his judgment or revise the net annual income as shown in the return submitted by the mutawalli and the net annual income as so assessed or revised shall be deemed to be the net annual income of the wakf for the purposes of this section: Provided that no assessment of the net annual income or revision of return submitted by mutawalli shall be made except after giving a notice to the mutawalli calling upon him to show cause, within the time specified in the notice, as to why such assessment or revision of the return shall not be made and every such assessment or revision shall be made after considering the reply if any, given by the mutawalli. (7) Any mutawalli who is aggrieved by the assessment or revision made by the Chief Executive Officer under sub-section (6) may prefer an appeal to the Board within thirty days from the date of the receipt of the assessment or revision of return and the Board may, after giving.....
View Complete Act List Judgments citing this sectionWakf Act, 1995 Chapter VIII
Title: Finance of the Board
State: Central
Year: 1995
.....which had escaped assessment, and demanding payment thereof within thirty days from the date of service of such notice and the provisions of this Act and the rules made thereunder, shall, as far as may be, apply as if the assessments were made under this Act, in the first instance. Section 73 - Power of Chief Executive Officer to direct banks or other person to make payments (1) Notwithstanding anything contained in any other law for the time being in force, the Chief Executive Officer, if he is satisfied that it is necessary and expedient so to do, make an order directing any bank in which, or any person with whom any money belonging to a wakf is deposited, to pay the contribution, leviable under section 72, out of such money, as may be standing to the credit of the wakf in such bank or may be deposited with such person, or out of the moneys which may, from time to time, be received by bank or other person for or on behalf of the wakf by way of deposit, and on receipt of such orders, the bank or the other person, as the case may be, shall when no appeal has been preferred under sub-section (3), comply with such orders, or where an appeal has been preferred under.....
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