(1) In a case where the tenant applies Sor fixation of standard rent under section 11 for the premises the standard rent of which had been fixed in a previous tenancy under ;he Delhi Rent Control Act, 1958 or under this Aci, the l a n d e d biiall, on a jequcst from the tenant, intimate in writing 1o «ucv Lrurwt the tandiud rent so fixed and in case the landlord fails to do so, he shall be punishable with 1:ne of one thousand rupees or double the standard rent fixed in h; px • I ms tenancy, whichever is more.
(J) If any landlord or tenant contravenes the provisions of subsection (1) of section 21, he shall be punishable with fine equivalent ir ai,]ovrl to the rent for three months or with one month's imprisonment, or with both, and shall also be liable to fine of one hundred rupees for each day commencing on the date of cutting off or withholding essential supply or service till the date tin- essential supply or service is restored.
{_.",) ll any tenant sub-leLs, aasigiw or otherwise parts with the posssssicn of the w^ole or pryt of any prarrises in contravention of the provisions of clause (b) of sub-section (2) of section 22, he shall be punishable with fine which may extend to five thousand rupees, or double the rent received by the tenant for sub-letting for every momh t li such time the cause of complaint ceases, whichever is more or with in~Tli5onm<*nt for a term of one month.
(4) If any landlord makes a false statement in Ms affidavit under paragraph (i) of Explanation I t0 clause (r) of sub-section (2) of section 22; he shall be punishable with fine which may extend to five thousand rupees, or double the rent receivable for a period of three years in case it has been re-let, whichever is more.
( ' ) If any landlord re-lets the whole or any part of any premises in contravention of sub-sect :,n '1) of sec o, Ji, he sh-ul be pun;shab?e with fine which may extend to five thousand i upe v , or double the rent the landlord receives after re-letting whichever is mure, or imprisonment which may extend to one month
Explanation.—-For the purposes of this sub~sec'Jon and sub-section
(3) in cases where it is difficult bo prove the rent which the landlord or the tenauu, as 'he case m.iy be, is leceiv-ng alter re-lettiny or sub-let! ing, the fine may extend to five thousand rupees.
(6) If, after the tenant has delivered possession, the landlord fails to commence the work of repairs or building or re-building, as the case may be, w'thin three months of the specified date under sub-section (3) of secfio" 32, he shall be punishable wtli fine equivalent to rent for Lhree monfhs 59 of 1958.
Finality of orders.
Penalties 40 THE GAZETTE OF INDIA EXTRAORDINARY [PARF 11—
(7) If a landlord contravenes the provisions of sub-secuon (2) of section 32, he shall be punishable with fine which may extend to six months' lent of the premises.
(8) If a tenant fails to make re-entry under sub-section (.2) or. section 32 within three months from the date of the completion of repairs or building or rebuilding, as the case may be, intimated in writing by the landlord without reasonable excuse, he shall forfeit his right to re-entry and shall be punishable with fine equivalent to three months' rent of the premises.
CHAPTER IX MlSCELLANBOUS
75. Save as otherwise expressly provided in this Act, no civil court shall entertain any suit or proceedings in so far as it relates to any matter to which this Act applies or to any other matter which the Rent Authority is empowered by or under this Act to decide, and no injunction in respect of any action taken or to be taken by the Rent Authority or the rrribunal under this Act shall be granted by any civil court or other authority.
76. All Rent Authorities and additional Rent Authorities appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
77. No suit, prosecution or other legal proceeding shall lie against any Rent Authority or additional Rent Authority in respect of anything whioBi is in good faith done or intended to be done in puisuance of this Act.
78. Where any decree or order for the recovery of possession of any premises to which the Delhi Tenants (Temporary Protection) Act, 1956 or the Delhi Rent Control Act, 1958, applies is sought to be executed on the cesser of operation of any of those Acts in relation to those premises, the Rent Authority executing the decree rv order may, on the application of the person against whom the decree or order has been passed or otherwise, reopen the case and if it is satisfied that the decree or order could not have been passed if this Act had been in force on the date of the decree or order the Rent Authorty may, having regard to the provisions of this Act, set aside the decree or order or pass such other order in relation thereto as he thinks fit.
Jurisdiction, of civil courts barred in respect of certain matters.
Rent Authorities to be public servants.
Protection of action taken in £ood faith.
Special provision regarding decrcs affected by the Delhi Tenants (Temporary Protectton) Act,195« and the Delhi Rent Control Art, 19S8.
45 of I860.
97 of 1956 55> of "
1958.
Sic. 1] THE GAZETTE OF INDIA EXTRAOKPINABY 41 59 of 1!)58.
«1». tin ihe commencement of this Act, all cases pertaining to the matters in respect of which the Rent Authority shall have jurisdiction under this Act and pending before the ComroJler undei the Delhi Rent Control Act, 1958 or any other couu shall stand transferred to the Rent Authority and the Rent Authority shall proceed with the matter either de novo or from ihe stage it v»aj, transferred.
SO.' (2) If any difficulty arises in giving effect to the provisions of tins Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of tills Act as may appear to be necessary for removing the difficulty:
Provided that no order shall be made under this section after the expiry of two years from the commencement of this Act.
(2) Every order made under this section shall, as soon a.5 may be after it is made, b? laid before each House of Parliament, SI. (]) The Centra] Government may, by notification in the Official Gazette, make rules for the -purpose of carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely-' —
(a) the period within which agreements shall be registered under sub-section (2) of section 4;
(b) the authority before whom, the form and the manner in which and the period within which the landlord and the tenant .shall separately file the particulars about the tenancy under the proviso to sub-section (3) of section 4;
(c) the manner of making application under sub-section (2) of section 11;
(d) the valuer who3e assistance may be taken by the Rent Authority and the manner of assessment to be carried out by him under sub-section (2) of section 11;
(e) the manner of depositing rent or other charges under subsection (I) of section 16;
(f) the particulars under clause (<?) of sub-section (2) of section 16;
(fif) the manner of sending copy of application to landlord under sub-section (3) of section 16;
(h) the manner in which the deposited rent or other charges to be paid to the applicant under sub-section (4) of section 16;
(?1 the manner of giving notice to the tenant under sub-section
(3) of section 20;
(j) the manner in which the application under sub-aection (2) of section 22 shall be made to the Rent Authority;
(k) the manner in which a notice shall be given under proviso to clause (c) of sub-section (2) of section 22;
(31 G. of 1—6.
frauiiei of pending cases to Rent nty.
Power of Central Government to rtmuvo difficulties.
Power to make rules.
42 THE GAZETTE OF INDIA EXTRAORDINARY [PARr U~ (I) the manner in which notices to the landlord shall be given by the tenant or subtenant under section. 29;
(m) the manner in which permission of the Rent Authority shall be obtained by the landlord, under section 31;
« («) the time within which applications to be made under sabsection (2) of section 31 or sub-section (3) and sub-section (4) of section 32;
(o) the manner in which the permission of the Rent Authority shall be obtained by the landlord under section 33;
(p) che time within which the application shall be made to the Rent Authority by the landlord under section 33;
(q) the powers of a civil court which may be vested in the Rent Authority under clause (d) of sub-section (2) of section 44;—
(r) the ntimber of Members in the^Benches to be decided by the Chairman under sub-section (2) ol section 47;
(s) the procedure in accordance with which a list of candidates shall be prepared by the Ministry dealing with Urban Development in consultation with the Department dealing with Justice of the Government of India under sub-section (5) of section 48;
(t) the salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman and other Members under section 51;
(it) procedure under sub-section (3) of section 52, for the investigation ®'f misbehaviour or incapacity of the Chairman or other Member referred to in sub-section (2) of the said section;
(v) the financial and administrative powers of the Chairman under section 54;
(to) the salaries and allowances and conditions of service of the officers and other employees of the Tribunal under sub-section (2) of section 55;
(x) the form of application under gub-seetion (1) of section 59 and the affidavits, documents or any other evidence and the fee in respect of filing Of the said application and the other fees for the service or execution of processes as mentioned in sub-scc.lon (2) of the said section;
(y) the matters to be prescribed under clause (j) of sub-sectio»
(3) of section 60;
(z) the form of. appeal and the fee payable under sub-section (1) of section 61;
(za) .any other matter which has to be, or may be, prescribed,
(3) Every rule made under this Act shall be laid,- as *soon as may be after it is made, before each House of Parliament, wMe it Is in aemfan, SEC 1] THE GAZETTE OF INDIA EXTRAORDINARY 43 for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effec^ only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.