44. Landlord’s duty to keep the premises in good repair.—(1) Every landlord shall be bound to keep
the premises in good and tenantable repairs.
(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 usable 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 Controller for permission to make such repairs himself and may submit to the
Controller an estimate of the cost of such repairs, and, thereupon, the Controller may, after giving the
landlord an opportunity of being heard and after considering such estimate of the cost and making such
inquiries as he may consider necessary, by an order in writing, permit the tenant to make such repairs at
such cost as may be specified in the order and it shall thereafter be lawful for the tenant to make such repairs
himself and to deduct the cost thereof, which shall in no case exceed the amount so specified, from the rent
or otherwise recover it from the landlord:
Provided that the amount so deducted or recoverable in any year shall not exceed one-half of the rent
payable by the tenant for that year:
Provided further that if any repairs not covered by the said amount are necessary in the opinion of the
Controller, and the tenant agrees to bear the excess cost himself, the Controller may permit the tenant to
make such repairs.
45. 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 and 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 Controller complaining of such contravention.
1. Subs. by Act 37 of 1984, s. 3, for “the Tribunal” (w.e.f. 26-5-1984).
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(3) If the Controller 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 Controller
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 Controller 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 and sufficient cause, he shall make an
order directing the landlord to restore such supply or service.
(5) The Controller may in his 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 vexatiously;
(b) be paid to the tenant by the landlord, if the landlord had cut off or withheld the supply or service
without just and sufficient cause.
Explanation I.—In this section, “essential supply or service” includes supply of water, electricity, lights
in passages and on staircases, conservancy and sanitary services.
Explanation II.—For the purposes of this section, withholding any essential supply or service shall
include acts or omissions attributable to the landlord on account of which the essential supply or service is
cut off by the local authority or any order competent authority.
46. Landlord's duty to give notice of new construction 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 1
[Director of Estates] or to such
other officer as may be specified in this behalf by the Government.
47. Leases of vacant premises to Government.—(1) The provisions of this section shall apply only
in relation to premises in the areas which, immediately before the 7th day of April, 1958, were included in
the New Delhi Municipal Committee and 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 1
[Director of Estates];
(b) whether or not such intimation is given, the 1
[Director of Estates] 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 1
[Director of Estates] 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 order made on the ground set forth in clause
(e) of the proviso to sub-section (1) of section 14 or in respect of any premises which have been released
from requisition for the use and occupation of the landlord himself.
1. Subs. by Act 58 of 1960, s. 3 and Schedule II, for “Estate Officer to the Government of India” (w.e.f. 26-12-1960).
26
(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 Controller, 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 particulars, 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.
48. Penalties.—(1) If any person contravenes any of the provisions of section 5, he shall be
punishable—
(a) in the case of a contravention of the provisions of sub-section (1) of section 5, with simple
imprisonment for a term which may extend to three months, or with fine which may extend to a sum
which exceeds the unlawful charge claimed or received under that sub-section by one thousand rupees,
or with both;
(b) in the case of a contravention of the provisions of sub-section (2) or sub-section (3) of
section 5, with simple imprisonment for a term which may extend to six months, or with fine which
may extend to a sum which exceeds the amount or value of unlawful charge claimed or received under
the said sub-section (2) or sub-section (3), as the case may be, by five thousand rupees, or with both.
(2) If any tenant sub-lets, assigns or otherwise parts with the possession of the whole or part of any
premises in contravention of the provisions of clause (b) of the proviso to sub-section (1) of section 14, he
shall be punishable with fine which may extend to one thousand rupees.
1
[(3) If any landlord re-lets or transfers the whole or any part of any premises in contravention of the
provisions of sub-section (1) or sub-section (2) of section 19 he shall be punishable with imprisonment for
a term which may extend to six months, or with fine, or with both.]
(4) If any landlord contravenes the provisions of sub-section (1) of section 45, 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 46 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 47, 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.
49. Cognizance of offences.—(1) No court inferior to that of a 2
[Metropolitan Magistrate] shall try any
offence punishable under this Act.
1. Subs. by Act 57 of 1988, s. 19, for sub-section (3) (w.e.f. 1-12-1988).
2. Subs. by s. 19, ibid., for “magistrate of the first class” (w.e.f. 1-12-1988).
27
(2) No court shall take cognizance of an offence punishable under this Act, unless the complaint in
respect of the offence has been made within three months from the dale of the commission of the offence.
(3) Notwithstanding anything contained in 1
[section 29 of the Code of Criminal Procedure, 1973 (2 of
1974)] it shall be lawful for any 2
[Metropolitan Magistrate] to pass a sentence of fine exceeding 3
[five
thousand rupees] on a person convicted of an offence punishable under this Act.