(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 grant from the Government in respect of the premises taken on ie,,se or iequisitioned, 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 ihe Government or otherwise, then, notwithstanding any judgment, decree or order of any court or other authority, the piovisions of this Act hhall apply to &uch tenancy;
(c) t0 any premises, whether residential or not and whether let out before or after the commencement of this Act, whose monthly deemed rent on the date of commencement of this Act exceeds three thousand and five hundred rupees;
(d) to any premises constructed on or after the 1st day of December, 1988 but before the commencement of this Act for a period at ten years from the date of completion of such construction;
(e) to any premises constructed on or after the commence* . m of this Act, for a period of fifteen years from the date of ,, m o t i o n of such construction;
(/) to any premises, being a premises not let out within seven years before letting out the same, for a period of fifteen years from the date it is let out;
(g) to any premises let out to a citizen of n foreign r- < in, or an embassy, high commission, legation or commission of for^rrn State or such international organisation as may be s^eciiv.-J by t^e Central Government by notification in the Official Gazette, Certain provisions not to apply to premises.
4 THE GAZETTE Op INDIA EXTRAORDINARY [P\«r II-
(h) to any premises belonging to such religious, charitable or educational trust or class of trusts as may be specified by the Central Government by notification in the Official Gazette;
(i) to any tenancy, whether entered before or after the commencement of this Act, for a period of twenty years or more and registered under the Hegisttation Act, 1908 a^d not terminable before its expiration at the option of the landlord.
Explanation I.—For the removal of t'oubts, ii is hereby dcclaicd that the provisions of this Act shall apply to any premises, not being a premises mentioned in sub-section (1),~
(a) let out co the Government or a local authority;
(b) let out by a hire-purchaser, lessee or sub-lessee, by whatever name called, who has been allotted such premises by the Delhi Development Authority or any othur local authority by way of an agreement of hire-purchase, lease or sub-lease, even before the full ownership rights accrue to such hire-purchase', lessee or sublessee, as the case may be.
Explanation II.—"Premises belonging to the Government or a local authority" shall, notwithstanding anything contained in any judgement, decree or order of a court, not include a building erected on any land held by any person from the Government or a local authority by virtue of an agreement, a lease, licence or grant although such land under the conditions of such agreement, lease, licence or grant may continue to belong to the Government or a local authority.
Explanation III—"Deemed rent on the date of commencement of this Act" shall be the rent calculated in the manner provided in suction 7( together with revision, if any, as provided in section 9 and decreased in the case of premises constructed after the commencement of this Act at the same rate as the rate of enhancement stipulated in Schedule I to reflect the position on the date of the commencement of this Act.
Explanation IV.—"Date of completion of construction" shall be the date of completion as intimated to the concerned authority or of assessment to property tax, whichever is earlier, and, where the premises have been constructed in stages, the date on which the Initial building was completed and an intimation thereof was sent to the concerned authority or was assessed to property tax, whichever is earlier.
Explanation V.-— "Premises constructed" shall include—
(i) re-building of more than seventy-five per cent, of an existing building;
(ii) additional construction io an existing building.
(2) Notwiihstanding anything contained in sub-section (1), in the Tranter of Property Act, 1882, the Code of Civil Procedure, 190R and any other law for the time being in force, the Rent Authority shall haw the jurisdiction t0 decide all disputes relating to tenancies jn respect of the premises referred to in clauses (e) to (i) of sub-section (1).
16 of 1908.
i ' i INK.1, 5 of 1901!.
SEC. 1J THE GAZETTE OF INDIA EXTRAORDINARY 5 4 of 1882 16 of 1908 16 of 1908
4. (I) Notwithstanding anything contained in section 107 of the Transfer of Property Act, 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 (2) or required to be registered under sub-section (3) shall be registered under the Registration Act, 1908, within such period as may be piescribed 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. the landlord and the tenant shall jointly present a copy thereof ior 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 tor 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 (Z>) such landlord and the tenant shall separately file the particulars about such tenancy with She prescribed authority in such form and in such manner and within such period as may be prescribed.