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Delhi and Ajmer Rent Control Act, 1952 [Repealed] Complete Act

Title: Delhi and Ajmer Rent Control Act, 1952 [Repealed]

State: Central

Year: 1952

..... Section29 - Appeals Section30 - Penalty Section31 - Controller to be deemed to be public servant Section32 - Protection of action taken under this Chapter Chapter V Section33 - Jurisdiction of courts Section34 - Appeals Section35 - Revision and review Section36 - Limitation Section37 - Procedure before courts Chapter VI Section38 - Act to over-ride other laws Section39 - Exemption of certain premises from the operation of the Act Section40 - Landlords duty to keep the premises in good repair Section41 - Cutting off or withholding essential supply or service Section42 - Landlords duty to give notice of new constructions to Government Section43 - Leases of vacant premises to Government Section44 - Penalties Section45 - Power to make rules Section46 - Repeals and savings ScheduleI - FIRST SCHEDULE ScheduleII - SECOND SCHEDULE Repealing Act1 - DELHI RENT CONTROL ACT, 1958

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Delhi and Ajmer Rent Control Act, 1952 [Repealed] Preamble 1

Title: Delhi and Ajmer Rent Control Act, 1952

State: Central

Year: 1952

THE DELHI AND AJMER RENT CONTROL ACT, 1952 [Act, No. 38 of 1952] [15th April, 1952] PREAMBLE 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 :-

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Delhi and Ajmer Rent Control Act, 1952 [Repealed] Section 27

Title: Provisions Relating to Inquiries by Controller

State: Central

Year: 1952

(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.

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Delhi and Ajmer Rent Control Act, 1952 [Repealed] Section 31

Title: Controller to Be Deemed to Be Public Servant

State: Central

Year: 1952

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).

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Delhi and Ajmer Rent Control Act, 1952 [Repealed] Repealing Act 1

Title: Delhi Rent Control Act, 1958

State: Central

Year: 1952

.....payment of any sum exceeding one month's rent of such premises as rent in advance. (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, transfer or assignment 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 January, 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, or taken on lease by, the landlord, if one of the conditions of the agreement is that the landlord is to let to that person the whole or part of the premises when completed for the use of that 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".....

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Delhi and Ajmer Rent Control Act, 1952 [Repealed] Section 23

Title: Appointment of Controller

State: Central

Year: 1952

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.

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Delhi and Ajmer Rent Control Act, 1952 [Repealed] Section 29

Title: Appeals

State: Central

Year: 1952

(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.

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Delhi and Ajmer Rent Control Act, 1952 [Repealed] Schedule II

Title: Second Schedule

State: Central

Year: 1952

.....Rent Control Act, 1947 (XIX 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) 12 1/2 per cent thereof, if the basic rent per annum is not more than Rs.300; (b) 15 5/8 per cent thereof, if the basic rent per annum is more than Rs.300, but not more than Rs.600; (c) 18 3/4 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.....

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Delhi and Ajmer Rent Control Act, 1952 [Repealed] Chapter IV

Title: Hotels and Lodging Houses

State: Central

Year: 1952

.....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. Section 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. .....

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Delhi and Ajmer Rent Control Act, 1952 [Repealed] Section 26

Title: Charges in Excess of Fair Rate Not Recoverable

State: Central

Year: 1952

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; (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 aid by a lodger in excess of the fair rate shall be recoverable by him at anytime 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.

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