(1) The Delhi Rent Control Act, 1958, is hereby repealed.
(2) Notwithstanding such repeal and subject to the provisions of section 67 and section 79 all cases and otlier proceedings under the said Act pending, at the commencement of this Act, shall be continued and disposed of in accordance with the provisions of this Act.
(3) Notwithstanding such repeal all leases relating to the premises taken by the Government on lease under section 47 of the Delhi Rent Control Act, 1&58 shall cease on the expiration of a period of six months from the date of commencement of this Act, unless sooner determined by the Government.
SCHEDULE I (See sections 6 and 7) The rent enhanceable under clause (a) of sub-section (I) of section 6 or sub-section (I) of section 7, as the case nay be, shall be calculated at the rates shown in column (2) of Table I given below, compounding on an yearly basis, with reference to the date of agreement in the case of rent agreed to between the landlord and the tenant, and the date of commencement of construction in the case of standard rent, to arrive at the rent payable for the period for which rent is to be determined:
Provided that the total amount of enhancement as so calculated till the commencement of this Act shall be restricted in respect of a premises on the basis of its size as indicated in column (1) of Table II to such percentage as is specified in the corresponding entry in column (2) of the said Table:
Provided further &at the enhancement in the case of a tenancy entered into before the commencement of this Act shall be effected gradually m five equal yearly instalments:
Explanation.—The base for calculation of annual enhancement of rent after the commencement of this Act shall be the rent payable in a year as if the total enhancement of rent due at the commencement of this Act came into effect immediately rather than gradually over a five year period, and such annual enhancement of rent shall be payable in addition to the graduated enhancement:
Pmvided also that in relation to a landlord, referred to in section 26, who is a widow, a handicapped person or a person of the age of sixty-five years of more, the enhancement of rent" shall not be spread over a period •< five years but shall come into force with immediate effect.
§9 of 1958.
59 of 1958.
Repeal and swm«g*4 44 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— I ABLE J D J U Lf agiiienicni/cuimnenkomeiu oi construction 1 2 i.
5, U) L'i> to 31st lJoc rnbor, iWy Oils and from Irt Jinuary, 195( to 3lst Dtvcmber, 19b() Co and tr.jiu 1st January, lyfal to JJst December, 1D7J On and iioiu J at January, 1 V»71 to J 1st December, 1994 OH and train Js: January, 19V.N onwniilj Rate of enhancement ot rent UJ Two per cent.
Four por cont.
. Six pur cent.
(i) .Eight pci cent. Tor residential premises, (iij en per Lent, for non-rcnidcniial premiss.
Sovcnty-fivc per cent, of annual mtlu ion rate based on Whole Sdk* Price )C(JL\ in the case i f rcsiaential premises and iu'iiUrtd Per cent, uf such rite in the cato of nonlcsidential piemises.
LAhLL Jl Sizo oil premises (.built-up area)
1.
2.
3.
A.
S.
(1) Residential premises ot 25 a^u ren.etrcs oi less Rcsid Dlial premises of more thju 25 square nifties but 40 square moires or less .
Residential premises of rnoro tliai. nO square metres but S O squiue metres o r less . . . . .
Residential premised of more than 80 square metres . Non-residential premises . . . . .
(irreipective of size) Permitted enhancement of rent
(2) Twenty-live per cent.
Fifty per cent.
Seventy- livo per cent.
Hundred per cent.
Hundred per cent.
SCHEDULE II [See section 8] I.
2.
3.
4.
5.
6.
Air conditioner.
Electrical heater.
Water cooler.
Geyser.
Refrigerator, Cooking raimc SEC. 1 THE GAZETTE OF INDIA EXTKAOK'DINAEY 45
7.
S
9.
10.
11.
Furniture.
Garden meant to be used by the tenant exclusively.
Playground meant to be used by the tenant exclusively.
Sun-breakers.
Usufructs, if any, enjoyed by the tenant.
SCHEDULE m (See sections 19 and 20) A. Strurtwal repairs 1o be got done by the landlord ] . Structural repairs, except tnuse necessitated by damage caused by the tenant.
2. Whitewashing of walls and painting of doors and windows once in three years.
1. Changing and plumbing pipes, when necessary.
4. Internal and external wiring and related maintenance B Day to day repairs to be got done by the tenant
1. Changing of tap washers and taps
2. Drain cleaning.
3. Water closet repairs.
4. Wash basin repairs 5 Bath tub repairs G. Geyser repairs.
7. Circuit breakers repairt R. Switches and sockets repairs
9. Kepairs and replacement of electrical equipmem, except major Internal and external wiring changes 10 Kitchen fixtures repairs.
11. Replacement ot knobs and locks of doors, cup-boards, windows, etc.
12 Replacement of flynets 13r Replacement ot glass panels in windows, doors, etc 14 Maintenance of gardens and open spaces let-out to the tenant 46 THE GAZETTE OF INDIA EXTRAORDINARY [PART IX—SEC. 1]
SCHEDULE IV iSee sub-section (4) of section 45] l?orm of Summons vf-Jame, description and place of residence of the tenant) Whereas Shri has filed an application (a copy of which is annexed) for— — on the grounds specified in section You ara hereby summoned to appear before the "Rem Authority wuhin (*) clays of tne service he*.-of and file a reply within days in default whereof the matter &h.-U be heard and disposed of ex parte.
(**) You are to obtam the leave of the Rent Authority to contest the application for eviction on the ground , in default whereof, the applicant will be entitled at any time after the expiry of the said period of fifteen days to obtain an order for your eviction from the said premises.
Leave to appear and contest the application may be obtained on an application to the Rent Authority supported by an affidavit as i> referred • o in clause (b) of sub-section (7) of section 45.
Given under my hand and seal of the Rent Authonty/ additional Rent Authority:
This day of — 19 .
Rent Authority/ (Seal) Additional Rent Authority.
*To be filled in.
* "•Strike off portion not applicable.
Notes:— *For cases covered under clauses (e) and (/) of sub-section (2) of section 22 and sections 23, 24, 25, 26 and 33 indicate fifteen days and for other cases indicate thirty days.
*'For only cases covered under clause (a) of sub-section (8) ol section 45.
K. L. MOHANPURIA, Secy. to the Govt. of Indw.