Bare Act Search Results

Delhi Rent Act, 1995 Complete Act

State: Delhi

Year: 1995

.....in the Forty-sixth Year of the Republic of India as follows: CHAPTER 1 PRELIMINARY Section1 Short title, extent and commencement (1) This Act may be called the Delhi Rent Act, 1995. (2) It extends to the areas included within the limits of the New Delhi Municipal Council and the Delhi Cantonment Board and to urban areas within the limits of the Municipal Corporation of Delhi for the time being : Provided that the Central Government may, by notification in the Official Gazette, exclude any area from the operation of this Act or any provision thereof: Provided further that the Central Government may, by notification in the Official Gazette, exclude any premises or class of buildings from the operation of this Act or any provision thereof. (3) It shall come into force on such date a s the Central Government may, by notification in the Official Gazette, appoint. Section2 Definitions In this Act, unless the context otherwise requires, (a) "Bench" means a Bench of the Tribunal; (b) "Chairman" means the Chairman of the Tribunal; (c) "fair rate" means the fair rate fixed under section 39 and includes the rate as revised under section 40; (d) "hotel.....

Delhi 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.....

Delhi Rent Act, 1995 Section 4

Title: Registration of Tenancy Agreements

State: Central

Year: 1995

.....the Registration Act, 1908(16 of 1908), within such period as may be prescribed and for this purpose the agreement shall be deemed to be a document for which registration is compulsory under section 17 of the said Act. (3) Where, in relation to a tenancy created before the commencement of this Act.-- (a) an agreement in writing was entered into and was not registered under the Registration Act, 1908(16 of 1908), the landlord and the tenant shall jointly present a copy thereof for registration before the registering officer under the said Act; (b) no agreement in writing was entered into, the landlord and the tenant shall enter into an agreement in writing with regard to that tenancy and present the same for registration before the registering officer under the said Act: Provided that where the landlord and the tenant fail to present jointly a copy of tenancy agreement under clause (a) or fail to reach an agreement under clause (b) such landlord and the tenant shall separately file the particulars about such tenancy with the prescribed authority in such form and in such manner and within such period as may be prescribed.

Delhi Rent Act, 1995 Section 5

Title: Inheritability of Tenancy

State: Central

Year: 1995

.....the right to continue in possession of the premises shall not, on such extinguishment, pass on to any other successor specified in any lower category or categories, as the case may be: (b) the right of every successor, referred to in sub-section (1) to continue in possession of the premises shall be personal to him and shall not, on the death of such successor, devolve on any of his heirs. (3) Nothing in sub-section (1) or sub-section (2) shall apply to a non-residential premises and the vacant possession of such premises shall be deli­vered to the landlord within one year-- (i) of the death of tenant, in case the tenant is an individual; (ii) of the dissolution of the firm, in case the tenant is a firm; (iii) of the winding up of the company, in case the tenant is a company; (iv) of the dissolution of the corporate body other than a company, in case the tenant is such a corporate body.

Delhi Rent Act, 1995 Section 29

Title: Notice of Creation and Termination of Sub-tenancy

State: Central

Year: 1995

Where, after the commencement of this Act, any premises are sub-let either in whole or in part by the tenant with the previous consent in writing of the landlord, the tenant or the sub-tenant to whom the premises are sub-let may, in the prescribed manner, give notice to the landlord of the creation of the sub-tenancy within one month of the date of such sub-letting and notify the termination of such sub-tenancy within one month of such termination.

Delhi Rent Act, 1995 Section 33

Title: Recovery of Possession in Case of Tenancies for Limited Period

State: Central

Year: 1995

.....not be construed to be consecutive, if a period of five years or more has elapsed after the expiry of the last limited period tenancy; (ii) entertain any application from the tenant calling in question the bona fides of the landlord in letting the premises under this section. (3) All applications made before the Rent Authority and appeals made before the Tribunal by the tenant shall abate on the expiry of period for which permission has been granted under sub-section (1). (4) While making an order under sub-section (1), the Rent Authority may award to the landlord damages for the use or occupation of the premises at double the last rent paid by the tenant together with interest at the rate of fifteen per cent. per annum for the period from the date of such order till the date of actual vacation by the tenant.

Delhi Rent Act, 1995 Chapter III

Title: Repairs of Premises

State: Central

Year: 1995

.....good and tenantable repairs in relation to matters falling under Part A of Schedule III. Explanation.-- "Good and tenantable repairs" under this section and section 20 shall mean such repairs as shall keep the premises in the same condition in which it was let out except for the normal wear and tear. (2) Where any repairs, in relation to a matter falling under Part A of Schedule III, 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 within a period of three months after notice in writing in writing, the tenant may apply to the Rent Authority for permission to make such repairs himself and may submit to the Rent Authority an estimate of the cost of such repairs, and, thereupon, the Rent Authority may, after giving the landlord an opportunity of being heard and after considering such estimate of the cost and making such inquiries as it may consider necessary, by an order in writing, permit the tenant to make such repairs at such cost as may be specified in the order and it shall thereafter be lawful for the tenant to make such repairs himself and to deduct the cost thereof.....

The Punjab Apartment Ownership Act, 1995 Complete Act

State: Punjab

Year: 1995

.....to the exclusion of the other apartments ; (r) "local authority" means a corporation constituted under section 4 of the Punjab Municipal Corporation Act, 1976 (Punjab Act No. 42 of 1976), a committee constituted under section 12 of the Punjab Municipal Act, 1911 (Punjab Act No. 3 of 1911) or any other authority notified by the State Government for the purposes of this Act ; (s) "majority" or "majority of apartment owners" means the apartment owners with fifty one per cent or more the votes in accordance with the percentage assigned in the conveyance deeds of apartments for voting purposes ; (t) "person", includes company, firm, co-operative society, joint family and an incorporated body of persons ; (u) "prescribed" means prescribed by rules made under this Act ; (v) "promoter" means the person who constructs or causes to be constructed a building consisting of apartments or who converts an existing building or a part thereof into apartments for the purpose of selling all or some of the apartments to other persons and includes his assigns and where the person who constructs or converts a building and the person who sells are different persons, the term includes both of them ; .....

Delhi Rent Act, 1995 Chapter IV

Title: Protection of Tenants Against Eviction

State: Central

Year: 1995

.....as the case may be, to indicate the dwelling house possession of which he intended to recover. Explanation.-- For the purposes of this sub-section, sections 24, 25 and 26, immediate possession shall mean possession recoverable on the expiry of sixty days from the date of order of eviction.(2) Where a landlord exercises the right of recovery conferred on him by sub-section (1) or section 22, 24, 25 or 26 and he had received,-- (a) any rent in advance from the tenant, he shall, within a period of ninety days from the dale of recovery of possession of the premises by him, refund to the tenant such amount as represents the rent payable for the unexpired portion of the contract, agreement or lease; (b) any other payment, he shall, within the period aforesaid, refund to the tenant a sum which shall bear the same proportion to the total amount so received, as the unexpired portion of the contract, agreement or lease bears to the total period of contract, agreement or lease: Provided that, if any default is made in making any refund as aforesaid, the landlord shall be liable to pay simple interest at the rate of fifteen per cent. per annum on the amount which he has.....

Delhi Rent Act, 1995 Chapter II

Title: Rent

State: Central

Year: 1995

.....other charges payable, the Rent Authority shall fix or determine an amount which appears to him to be reasonable having regard to the provisions of section 7 or section 9 or section 8 and the ether circumstances of the case. (4) In fixing the standard rent of any premises part of which has been lawfully sub-let, the Rent Authority may also fix the standard rent of such part sub-let. (5) Where for any reason it is not possible to determine the standard rent of any premises on the principles set forth in section 7, the Rent Authority may fix such rent as would be reasonable having regard to the situation, locality and condition of the premises and the amenities provided therein, and where there are similar or nearly similar premises in the locality, having regard also to the rent payable in respect of such premises. (6) The standard rent shall in all cases be fixed 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 rent as the period of tenancy bears to twelve months. (7) In fixing the standard rent of any premises under.....