38. Act to over-ride other laws.—The provisions of this Act and of the rules made thereunder shall
have effect notwithstanding anything inconsistent therewith contained in any other law for the time being
in force or in any instrument having effect by virtue of any such law.
39. Exemption of certain premises from the operation of the Act.—All premises, the construction
of which is completed after the 1st day of June, 1951, but before the expiry of three years from the
commencement of this Act, shall be exempt from the operation of all the provisions of this Act for a
period of seven years from the date of such completion.
40. Landlords duty to keep the premises in good repair.—(1) Notwithstanding anything contained
in any law for the time being in force, and in the absence of agreement to the contrary by the tenant, every
landlord shall be bound to keep the premises in good and tenantable repair.
(2) If the landlord neglects or fails to make within a reasonable time, after notice in writing any
repairs which he is bound to make under sub-section (1), the tenant may make the same himself and
deduct the expenses of such repairs from the rent or otherwise recover them from the landlord:
Provided that the amount so deducted or recoverable in any year shall not exceed one-twelfth of the
rent payable by the tenant for that year.
(3) Where any repairs 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 after notice in writing, the
tenant may apply to the court for permission to make such repairs himself, provided that the cost of such
repairs does not exceed rent for a period of two years payable by that tenant and where such repairs are
made with the permission of the court, the limitation as to the amount deductible or recoverable as
provided in sub-section (2) shall not apply.
41. Cutting off or withholding essential supply or service.—(1) No landlord either himself or
through any person purporting to act on his behalf shall without just or sufficient cause cut off or
withhold any essential supply or service enjoyed by the tenant in respect of the premises let to him.
(2) If a landlord contravenes the provisions of sub-section (1), the tenant may make an application to
the court complaining of such contravention.
(3) If the court is satisfied that the essential supply or service was cut off or withheld by the landlord
with a view to compel the tenant to vacate the premises or to pay an enhanced rent, the court may pass an
order directing the landlord to restore the amenities immediately pending the inquiry referred to in
sub-section (4).
Explanation.—An interim order may be passed under this sub-section without giving notice to the
landlord.
(4) If the court on inquiry finds, that the essential supply or service enjoyed by the tenant in respect of
the premises was cut off or withheld by the landlord without just or sufficient cause, he shall make an
order directing the landlord to restore such supply or service.
(5) The court may in its discretion direct that compensation not exceeding fifty rupees—
(a) be paid to the landlord by the tenant, if the application under sub-section (2) was made
frivolously or vaxatiously;
(b) be paid to the tenant by the landlord if the landlord had cut off or withheld the supply or
service without just or sufficient cause.
Explanation.—In this section, “essential supply or service” includes supply of water, electricity, lights
in passages and on staircases, conservancy and sanitary services.
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42. Landlords duty to give notice of new constructions to Government.—Whenever, after the
commencement of this Act, any premises are constructed, the landlord shall, within thirty days of the
completion of such construction, give intimation thereof in writing to the Estate Officer to the
Government of India or to such other officer as may be specified in this behalf by the Government.
43. Leases of vacant premises to Government.—(1) The provisions of this section shall apply only
in relation to premises within the Municipality of New Delhi which are, or are intended to be let for use as
a residence.
(2) Whenever any premises the standard rent of which is not less than two thousand and four hundred
rupees per year becomes vacant, either by the landlord ceasing to occupy the premises or by the
termination of a tenancy or by the eviction of a tenant or by the release of the premises from requisition or
otherwise,—
(a) the landlord shall, within seven days of the premises becoming vacant, give intimation thereof
in writing to the Estate Officer to the Government of India;
(b) whether or not such intimation is given, the Estate Officer may serve on the landlord by post
or otherwise a notice—
(i) informing him that the premises are required by the Government for such period as may be
specified in the notice, and
(ii) requiring him, and every person claiming under him, to deliver possession of the premises
forthwith to such officer or person as may be specified in the notice:
Provided that where the landlord has given the intimation required by clause (a) no notice shall be
issued by the Estate Officer under clause (b) more than seven days after the delivery to him of the
intimation:
Provided further that nothing in this sub-section shall apply in respect of any premises the possession
of which has been obtained by the landlord on the basis of any decree or order made on the grounds set
forth in clause (e) of the proviso to sub-section (1) of section 13 or in respect of any premises which have
been released from requisition for the use and occupation of the landlord himself.
(3) Upon the service of a notice under clause (b) of sub-section (2), the premises shall be deemed to
have been leased to the Government for the period specified in the notice, as from the date of the delivery
of the intimation under clause (a) of sub-section (2) or in a case where no such intimation has been given,
as from the date on which possession of the premises is delivered in pursuance of the notice, and the other
terms of the lease shall be such as may be agreed upon between the Government and the landlord or in
default of agreement, as may be determined by the court, in accordance with the provisions of this Act.
(4) In every case where the landlord has in accordance with the provisions of sub-section (2) given
intimation of any premises becoming vacant and the premises are not taken on lease by the Government
under this section, the Government shall pay to the landlord a sum equal to one-fifty-second of the
standard rent per year of the premises.
(5) Any premises taken on lease by the Government under this section may be put to any such use as
the Government thinks fit, and in particular the Government may permit the use of the premises for the
purposes of any public institution or any foreign embassy, legation or consulate or any High
Commissioner or Trade Commissioner, or as a residence by any officer in the service of the Government
or of a foreign embassy, legation or consulate or of a High Commissioner or Trade Commissioner.
44. Penalties.—(1) If any person receives any payment in contravention of the provisions of
section 5, he shall be punishable with simple imprisonment for a term which may extend to three months,
or with fine which may extend to an amount exceeding one thousand rupees by the amount of unlawful
charges so received by him, or with both.
(2) If any tenant fails to comply with the provisions of clause (c) of sub-section (3) of section 6, or
supplies under that clause, a statement which is false in any material particular, he shall be punishable
with fine which may extend to one thousand rupees.
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(3) If any tenant sub-lets the whole or part of any premises in contravention of the provisions of
clause (b) of the proviso to sub-section (1) of section 13, he shall be punishable with fine which may
extend to one hundred rupees.
(4) If any landlord contravenes the provisions of section 41, he shall be punishable with imprisonment
for a term which may extend to three months or with fine, or with both.
(5) If any landlord fails to comply with the provisions of section 42, he shall be punishable with fine
which may extend to one hundred rupees.
(6) If any person contravenes the provisions of clause (a) of sub-section (2) of section 43, or fails to
comply with a requirement under clause (b) thereof, he shall be punishable with simple imprisonment for
a term which may extend to three months, or with fine which may extend to one thousand rupees, or with
both.
(7) No court shall take cognizance of an offence punishable under sub-section (1) unless the
complaint in respect of the offence has been made within three months from the date of the commission
of the offence.
(8) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act 5 of 1898),
any magistrate of the first class may pass a sentence of fine exceeding one thousand rupees on a person
convicted of an offence punishable under sub-section (1).
45. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the manner of service of notice under this Act;
(b) the procedure to be followed by courts for hearing suits, applications or other legal
proceedings and in executing decrees or order is passed by such courts;
(c) the manner in which courts may hold summary inquiry under this Act;
(d) levy of court-fees and other fees for suits, applications and other proceedings under this Act;
(e) the manner in which a controller may hold enquiry under Chapter IV;
(f) any other matter which has to be, or may be, prescribed.
46. Repeals and savings.—(1) The Delhi and Ajmer-Merwara Rent Control Act, 1947 (19 of 1947)
is hereby repealed.
(2) Notwithstanding such repeal, all suits and other proceedings pending at the commencement of this
Act, whether before any court or the Rent Controller appointed under the Fourth Schedule to the said Act,
shall be disposed of in accordance with the provisions of the said Act as if the said Act had continued in
force and this Act had not been passed:
Provided that the procedure laid down in this Act shall, as far as may be, apply to suits and other
proceedings pending before any court.
(3) Part IV of the Bombay Rents, Hotel Rates and Lodging House Rates (Control) Act, 1944
(Bombay Act VII of 1944) as extended to the Municipality of New Delhi, the Notified Area of the Civil
Station, Delhi and the Municipality of Delhi by a notification of the Government of India in the late
Department of Works, Mines and Power No.1884-W.II/47, dated the 18th March, 1947 shall cease to
have effect in the said areas; and for the removal of doubts; it is hereby declared that section 6 of the
General Clauses Act, 1897 (X of 1897) shall apply in relation to such cesser as it applies in relation to the
repeal of an enactment by a Central Act.