(1) Where the Rent Authority, on a written compUiat 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 aie excessive, he may fix a lair 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 i'air rate unfier sub-secuon (i), tne ivent Authority shall hjave regard to the circumstances of the case and to the prevail >;ig rate ot charges for the same or similar accommodation, board and service, during the twelve months immediately preceding the 1st day ot June, 1951, and any general increase in the cost of living after that date.
40. On a written application from the manager ot a ho.el 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.
41. 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 m excess of the fair rate and shall not, ecccept with the previous written permission of the Rent Authority, withdraw from the lodger any concession or service allowed at the time when tne 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.
42. Notwithstanding anything contained in this Act, the manager of a hotel or the owner of a lodging house shall be entitled to recover possession of the accommodation provided by him to a lodger on obtaining a certificate from the Rent Authority certifying-—
(a) that the lodger has been guilty of conduct which is a nuisance or which causes annoyance to any adjoining or neighbouring lodger.
Explanation.—For the purposes of this clause, "nuisance" shall be deemed to include any act which constitutes an offence under the Immoral Traffic (Prevention) Act, 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 th e occupation of any person for whose benefit the accommod^on is l>eld, or a y other came which may be deemed satisfactory to the Rent Authority;
104 of 1958, Fixing of fair rate.
Revision of fair rate.
Charges in excess of fair rate not recoverable.
Recovery of possession bymanager of a hotel »r the owner of a lodging house.
28 THE GAZETTF OF INDtA EXTRAORDINARY IP\RT II— Appointment of Rent Authorities and additional Rent Authorities.
Powers of 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 Lhe owner's interest therein;
(e) that the lodger has faYied to pay lhe rent due from him.
CHAPTER VI RENT AUTHORITIES 42, (JJ . Iha Central Government rn.iy, by nnlmcui'iri in ilv r^C^-i'".
Gozette, appoint as many Rent AuthojilicM as 't thiniri fii; an'.' riefi'v:1 ' re local limits within which, or the hoielsa and lodging1 Louses in respect of which, each Rent Authority, -hall exercise the pow^'s (. ,ii"?.iTcd, atri perform the duties imposed, on Rent Authorities bu O' undtr UJs Act and in respect of all tenancy matters relating io premie? ^ncl t&nandes covered under clauses (c) to 0) of sub-section (!') of -urtJon 3 bj, or undo1' the Transfer of Property Ad, 18S2.
(2) The Central Government may also, by ratification in the Official Gmoite, nppoint as many additional Rent AuthoniiV, as it think-, fit and an additional Rent Authority shall perform such of the functions of the Rent Authority a? may; subject to the control of thr C^nfj nl CJcvrrunont, be assigned <o him in writing by the Rent Authority •".ncl in lhe .'isrhnrfo of these functions, an additional Rent Authority shall rnve i<nd shall cxe'- cise the same powers and discharge the r.ivne dutiei c 'lie TIcnt Authority.
(3) A person shall not be qualified for appointment as a Rent Authority or an additional Rent Authority unless he has for at least ten years held a judicial office in India or has for at least ten years been practising as an advocate or a pleader in India.
44. (I) The Rent Authority may—
(a) transfer any proceeding pending before him for disposal to any additional Rent Authority, or
(b) withdraw any proceeding pending before any additional Rent Authority and dispose it of himself or transfer the proceeding for disposal to any other additional Rent Authority.
(2) The Rent Authority shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, when trying a suifj in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) issuing commissions for the examination of witnesse-s;
(d) any other matter which may be prescribed, and any proceeding before the Rent Authority shall /be deemed to be a judicial proceeding within th e meaning of section 193 and section 228, and for the purpose of section 196, of the Indian Penal Code, and the Rent 4 of 1882.
5 of 1908.
45 of I860.
S»c. 1] THE GAZETTE OF INDIA EXTRAORDINARY 29 2 of 1974, 2 of 1974.
59 of 1958.
Authority shall be deemed to be a civi! court for the purpose of section 195 but not lor the purposes of Chapter XXVI of the Code of Criminal Procedure, 1973.
(3) For the pm poses of holding any inquiry or discharging any duty under this Ad, the Kent AuhnL-:ty may,—•
(a) al'cr giving not less ilitm twenty-four houis' notice in writing, enter and inspect or iiutliuik-u- ;.niy ofliccr subordinate to him to enter and inspect any premises at any time between sunrise and sunset; or
(o) by written oru^r, le^tu'c any pei.joii to prodmV for his in.spectton all such accounts, l.'ioks or o:l er documents relevant to the jnquiry at such tjjnt; and J> such place at. may be spe< iij-_-ti in the order.
(4) The Rent Authority may, if IK- thinks nt, appoint one or more) persons having special knowledge of the matter under consideration as an assessor or as.-.essoig to advise him on the proceeding before him.
(5) Any line imposed by a Ki.nl Authoiily under this Act shall be paid by the person fined within such time as may be allowed by the Rent Authority and the Kent Authorily may, for good and sufficient reason, extend the time, and in default of such payment, the amount shall be recoverable as line under the provisions of ihe Code oi Criminal 1'rocedure, 1973, and the Rent Authority shall be deemed to be a magistrate under the said Code for the purposes of such recovery.
(P) An order made by a Rent Authority or the Tribunal under this Act or an order made by a Controller, or an order passed on appeal, under the Delhi Rent Control Act, 1958 shall be executable by a Rent Authority designated by the Tribunal in this behalf and for the purpose the Rent Authority so designated shall have all the powers of a civil court.
45. (.i) No order which prejudicially aifects any person shall be made by the Rent Authority under Lhis Act without giving him a reasonable opportunity of showing cause against the order proposed to be made and until his objections, if any, and any evidence he may produce in support of the ianiB have been considered by the Rent Authoiily.
(J) Subject to any lulus thai may be rrude under lhis Act and the other provisions of this Act, the Rent Authority shall, while holding an inquiry in any proceeding before him, follow as far as may be Ihe practice and procedure of a court of small causes, including the ruennhng of evidence.
(3) The Rent Authority shall not mdinanlv allow mme than three adjournments at the request of a party throughout the proceedings and in case he decides to do so, he shall inform the Chairman the reasons therefor and order to pay the other party the i-cnsomble c^st.
(4) The Rent Authority shall issue summons in relation to every application under this Acr in the form specified in Schedule IV.
(5) The Rent Authority shall, in addition to, and simultaneously with the issue of summons for service on the opposite party, also direct the Procedui e to b e followed by Kent Authority, 30 THE GAZETTK OF INDIA EXTRAOIJD'NARY [l'\j r II— summons to be served by registered post, acknowledgment due, addressed to the opu-o^iie parly or his agent empowered tu accept the service af the place wheie the opposite party or his agent actually and voluntarily resides or can ie^ on business or personally works for gain and may, if ihe circumstances nf the case so require, also direct the publication of the summons in a newspaper circulating in ihe locality in which t/ie opposite patty is last known to have resided 01 carried on business or personally worked for gain.
((>) When an acknowledgment purporting to be signed by the opposite party or his agent k received by the Rent Authority or the registered article containing the summons is received back with an endorsement purporting to have been made by a postal employee to the effect that the opposite party or his agdiit had lcfused to take delivery of the registered article, the Rent Authority may declare that there has been a valid service of summons.
(7) («) An application under section 21 shall be dealt with in accordance with the procedure specified in this sub-section.
(?)) Hie Rent Authority shall commence the healing of the application within seven days of the liling thereof and shall dispose of the same within * thirty days of suirtjng of such hearing, failing such commencement of.
hearing or disposal of application within such time, the Rent Authority shall inform the Chairman of ihe Tribunal the reasons iherefor.
(&') (a) Every application by a landlord for the recovery of possession of any premises on the ground specified in clause (e) or clause (f) or clause (r) of sub section (2) of section 22, or under section 23, ov under section 24, or under section 25, or under section 26, or under HCCUOII 33, shall be dealt wi'b in accordance with the procedure specified in ibis sub-section.
(b) The tenant on whom the summons is duly served (whether in the ordinary way or by registered post) in ihe form specified in Schedule IV shall not contest the prayer for eviction from the premises unless he flies an affidavit stating ihe grounds on which he seeks lo contest the application for eviction and obtains leave from the Rent Authority as hereinafter provided; and in defauli of his appearonc--- in pursuance o'f the summons or his obtaining such leave, the statement made by the landlord in the application for eviction shall he deemed to be admitted by the1 tenant and tJie applicant shall be entitled to an order for eviction on the ground uforc-aid.
(c) The Rent Authority shall give t0 'he tenant leave to contort the application if the affidavit filed by the 'enant diticlo;;L3 midi fact, ^y would desentitie the landlord from obtaining an order for the recovery of possession of the premises.
(d) Where leave is grouted to the lennnt to contest the application the Rent Authority shall ordinal ilv commence rhf hearing of ihe opplication within seven days of the grant of such leave and shall provide day to day hearing and shall dispose of the application within thirty days of starting of such hearing, failing such commencement of hearing or disposal of application within such time, the Rmt Authority *hall infqrm Uie Chairman "f the Tribunal the reasons therefor.
*EC. 1] THE (..A/FlTIi OF INDfA EXIKAOKDINARY 3^
(c) Wluiie the 'cave ir> rumest midfi UJI;,.,U () is denied tc Lbt' tenant, he may tile an application for review btJuu: the Kent Auihoriiy within ten days of such denial and the Rent Authority shall endeavour to dispose of such application, within ^even days of it;; filing'.
('-') Every application made to thu Rent Authority shall be heard as f:xp<-dilioU'd]y -K; po'^il'lr -md, :;uhjr;ct In th = provisions of fWb v'1'oris (7) and (8). endeavoui shall be made to conclude the hearing and (o dispo.c of the application within s;>. months uf it being Tiled.
(I") In all proceedings before him, rhe Rent Authority shall con; jdtv the question of costs and award such costs to or against any party as thai.
Rent Authority a>"M<!<'rs reasonable.
CHAPTER VII DELIQ RENT TRIBUNAL 4'i. The Central Goverum'-m Jinll, by ro1 ifk".-L r'CJi in tK1 Gllicial Gazette, ciHablish a Tribune1, to 1e knrv/n as ihe T^o\l \ "^^nt Tribir\'1 L-> exeici.se ihe jurisdidiun, powerj and auihofify ronfcrrcrl on it by or under this Aci.