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Who must be approached if the court or authorized officer is prevented from carrying out an action under this Act? | The person must approach the State Rate, and if it is not a State Rate, they must apply to the prescribed authority for that rate. |
What is the requirement for any declaration or other action regarding land under Section 3? | No such declaration or other action will be necessary if it is done by the prescribed authority. |
What will a landholder who has a vested interest in the land do after the Central Government's order? | The landholder can take action to acquire the land for public use within 12 years. |
Under Section 7(a), what can be done regarding land that is being used and occupied? | Such land can be acquired by the State if it is situated above two hundred feet of height, even if it is in private hands. |
What will not be applicable to any regulation or agreement made under this Act? | Stamp duty will not be applicable on any regulation or agreement made under this Act. |
Who will not be required to charge a fee for their declaration under this Act? | No person who is going to make a declaration under any such regulation or agreement will be required to charge a fee. |
What must happen before an action concerning land acquired under this Act can begin? | A prior notice must be given to the affected person for the land acquired under this Act. |
When will a private action or other proceedings against a person whose land has been acquired under this Act commence? | It will not commence until the prescribed period of notice is given and the affected person is compensated. |
What part of the Code of Civil Procedure (1908) applies to all proceedings before a district court? | The provisions of the Code of Civil Procedure (1908), except those inconsistent with this Act, will apply. |
What is true regarding appeals from original decrees under this Act? | No appeal from any proceedings under this Act to a High Court will be allowed while the provisions of the Code of Civil Procedure (1908) remain. |
Who can apply for land acquisition related to all matters connected with this Act? | The Central Government can apply through a petition submitted by the District Collector. |
When must an application for land acquisition be made under Section 2(2)? | The application for land acquisition must be made after the public notice. |
For how long will each land acquired under this Act be kept in reserve? | Each land acquired under this Act will be kept in reserve for a period of thirty years, as per the relevant State Council. |
What must happen if there is a change regarding the land acquisition before the end of the session? | If it is decided to change the land before the end of the session or subsequent sessions, it will be effective from that date. |
What happens if it is decided not to acquire the land before the end of the session? | It will become null and void if it is decided not to acquire the land before the end of the session. |
How does a change or nullification of the land acquisition affect previous actions? | The change or nullification of the land acquisition will not adversely affect any action taken before it. |
What is the Short Title of this act? | The short title is The Delhi Rent Control Act, 1958. |
What does the Long Title specify regarding the scope of the act? | The long title covers the control of rents and evictions, rates of hotels and lodging houses, and leasing vacant premises to Government in certain areas of Delhi. |
When did this Act come into force? | It shall come into force on a date appointed by the Central Government through notification in the Official Gazette. |
What is defined as 'basic rent' for premises let out before June 2, 1944? | Basic rent is the rent determined according to the provisions of the Second Schedule. |
Who is defined as a 'Controller' under this Act? | A Controller is a person appointed under section 35, and this includes an additional Controller appointed under that section. |
What does the term 'fair rate' mean in relation to hotels and lodging houses? | Fair rate means the rate fixed under section 31, which also includes the rate as revised under section 32. |
Under what condition is a tenant liable to pay an amount exceeding the standard rent? | A tenant is liable if the excess amount constitutes a lawful increase of the standard rent according to this Act's provisions, and the rent was subject to periodical increase via an agreement before January 1, 1939. |
What kind of payments are prohibited in addition to rent under section 5? | It is unlawful to claim or receive any sum as premium or pugree, or any consideration whatsoever, in cash or in kind, besides the rent. |
What does 'premises' include according to the definitions provided? | Premises means any building or part of a building intended for residence or commercial use, and it includes gardens, grounds, and outhouses appertaining to the building. |
What is one condition under which this Act shall not apply? | The Act shall not apply to any premises belonging to the Government. |
What must a landlord do regarding the premises' repair duty? | A landlord has a duty to keep the premises in good repair. |
What is one of the landlords' duties mentioned in Chapter VII? | A landlord has a duty to give notice of new construction to the Government. |
Who can be appointed as an additional Controller? | An additional Controller is appointed under sub-section (2) of section 35. |
What must a receipt be given for regarding rent payment? | A receipt must be given for rent paid. |
What is one condition for a payment to fall under section 7(a)? | The payment must be made in pursuance of an agreement entered into before January 1, 1939. |
What must be true about the premises for a payment to qualify under section 7(b)? | A condition of the agreement must be that the landlord is to let the whole or part of the premises when completed to the person making the payment. |
What does 'member of the family' mean in the case of an undivided Hindu family for section 7(b)? | It means any member of that person's family. |
For residential premises let out before June 2, 1944, what determines the standard rent if the basic rent does not exceed six hundred rupees per annum? | The standard rent is the basic rent of such premises. |
What is one way to determine standard rent for non-residential premises let out before June 2, 1944? | It is the basic rent of those premises together with ten per cent. of that basic rent. |
When must a landlord give notice to a tenant intending to increase the rent? | The landlord must give the tenant notice of their intention to make the increase. |
What is the time limit for filing an application for fixing standard rent for premises let before this Act commenced? | The application must be filed within two years from the commencement of this Act. |
Who can apply to the Controller to fix the standard rent or determine a lawful increase? | Either the landlord or the tenant may make an application to the Controller. |
For what period is the standard rent fixed when determined by the Controller? | The standard rent shall be fixed for a tenancy of twelve months in all cases. |
What must the landlord do if they incur expenditure on an improvement or structural alteration to the premises before this Act commenced? | The landlord may lawfully increase the standard rent per year by an amount not exceeding ten per cent. of such cost. |
What can a landlord recover from a tenant if the landlord pays for electricity or water consumed in the premises? | The landlord may recover the amount paid for those charges from the tenant. |
How often may the standard rent, or agreed rent, be increased by ten per cent. according to section 6A? | It may be increased by ten per cent. every three years. |
What must the Controller fix in addition to the unfurnished state when fixing standard rent? | The Controller may determine an additional charge for any fittings or furniture supplied by the landlord. |
How long does a tenant have to apply to the Controller if they believe a sum paid to the landlord was in contravention of the Act? | The tenant must apply within a period of one year from the date of such payment. |
What must be paid by the tenant in relation to the recovery of possession? | The text mentions that something is payable by the tenant, but does not specify what. |
Under what condition can a court or Controller make an order for the recovery of premises against a tenant? | A court or Controller may only make such an order if specific grounds are met after an application is made to the Controller. |
One ground for eviction relates to rent arrears, which must not be paid within how long of receiving a notice of demand? | The tenant must have neither paid nor tendered the whole of the arrears within two months of the notice being served. |
What is one ground for eviction related to subletting or parting with possession after June 9, 1952? | The tenant may be subject to eviction if they sub-let, assign, or otherwise part with the possession of the premises without the landlord's written consent. |
What must happen for a ground related to misuse of premises to lead to an eviction order? | The landlord must give a notice requiring the tenant to stop the misuse, and the tenant must refuse or fail to comply within one month. |
When can a landlord who acquired premises by transfer apply for recovery based on the landlord's need? | No application for recovery on this ground can lie unless five years have elapsed from the date of acquisition. |
If an eviction order is made on the ground that the premises are needed by the landlord, how long must the landlord wait to obtain possession? | The landlord shall not be entitled to obtain possession before the expiration of a period of six months from the date of the order. |
What condition must be met regarding proposed reconstruction for an eviction based on necessary repairs? | The Controller must be satisfied that the proposed reconstruction will not radically alter the purpose of the premises and that plans are properly prepared. |
Under what circumstances can a tenant who used residential premises incidentally for commercial purposes be considered? | This is covered under the definition of 'premises let for residential purposes,' which includes such instances if done without the landlord's consent. |
What must happen before an eviction order can be made regarding a tenant who used premises contrary to government conditions? | The tenant must comply with the condition imposed by the relevant authority or pay compensation as directed by the Controller within a specified time. |
Who is granted a right to recover immediate possession if a landlord is required to vacate residential accommodation allotted by the Central Government? | The landlord who owns a residential accommodation in Delhi, either in their own name or that of their wife or dependent child, accrues this right. |
When can a landlord apply to the Controller for recovering immediate possession of premises for their own residence? | A landlord may apply within one year before the date of retirement. |
If a landlord has rented out multiple premises, what is the limitation on making an application under certain sub-sections? | The landlord can only make an application regarding one of the chosen premises. |
Under what circumstances may a widow apply to the Controller for recovering immediate possession of premises? | She may apply if the premises let out by her or her husband are required for her own residence. |
If a landlord has rented out multiple premises, what is the limitation on a widow making an application under this section? | She can make an application regarding any one of the premises she chose. |
What must the Controller order in a proceeding for possession recovery based on clause (a) of the proviso to sub-section (1) of section 14? | The Controller shall direct the tenant to pay or deposit an amount calculated at the rate of rent last paid. |
How long must the tenant continue to pay or deposit a sum equivalent to the rent after the initial payment in a possession recovery proceeding? | The tenant must continue to pay or deposit month by month, by the fifteenth of each succeeding month. |
What can the landlord do if the tenant contests the eviction claim in a proceeding not related to sub-section (1)? | The landlord may apply to the Controller for an order requiring the tenant to pay the legally recoverable rent. |
If there is a dispute over the amount of rent payable, how long does the Controller have to fix an interim rent? | The Controller must fix an interim rent within fifteen days of the first hearing of the proceeding. |
What happens if a tenant makes the required payment or deposit under sub-section (1) or (3)? | No order shall be made for the recovery of possession on the ground of default in rent payment. |
Under what condition is it deemed that a premises were lawfully sub-let, even without landlord consent? | If the subletting occurred before June 9, 1952, and the sub-tenant was in occupation at the commencement of the Act. |
What is prohibited for a landlord regarding payment when consenting to a tenant's sub-letting? | A landlord shall not claim or receive any sum as premium, pugree, or any consideration in cash or in kind. |
How long must the tenant give notice of the creation of a sub-tenancy if it occurs after the commencement of this Act? | The tenant or sub-tenant must give notice to the landlord within one month of the date of such sub-letting. |
What is the consequence if a tenant fails to make the required payment or deposit in a possession proceeding? | The Controller may order the defence against eviction to be struck out and proceed with the hearing of the application. |
When can the landlord re-let premises after recovering possession, and what is the time limit for this action? | A landlord cannot re-let the premises within three years from the date of obtaining such possession without the Controller's permission. |
What can the landlord do regarding work on premises? | The landlord may make such other order as he thinks fit in the circumstances of the case. |
Under what conditions may the Controller direct severance of a vacant land from a leased premise? | The Controller may do so if the landlord is ready and willing to commence work, and the severance will not cause undue hardship to the tenant. |
What powers does the Controller have regarding rent when a landlord is in possession of vacant land? | The Controller may determine the rent payable by the tenant for the rest of the premises. |
What must be done to an order made by the Controller for the recovery of premises if the tenant's interest is determined? | The order must be binding on all persons occupying the premises, and vacant possession must be given to the landlord. |
Who is exempt from the requirement that vacant possession be given to the landlord? | Any person who has an independent title to such premises is exempt. |
What must a tenant do if they are served with a summons for eviction? | The tenant shall not contest the prayer for eviction unless he files an affidavit stating the grounds for contesting and obtains leave from the Controller. |
When can the Controller declare valid service of summons in relation to an application for eviction? | The Controller may do so when an acknowledgment is received or if the registered article is returned with an endorsement that the tenant refused delivery. |
What must be done if a landlord refuses to give a written receipt for rent paid? | The Controller may, upon application by the tenant, order the landlord to pay damages not exceeding double the amount of rent paid and the costs of the application. |
Under what circumstances may a tenant deposit rent with the Controller? | A tenant may deposit rent if the landlord does not accept it within the time fixed, refuses to give a receipt, or there is a bona fide doubt about who should receive the rent. |
What particulars must accompany an application for depositing rent? | The application must include details like the premises description, the deposit period, and the name and address of the landlord. |
What happens if a tenant wilfully makes a false statement in the rental deposit application? | Such a deposit is not considered valid unless the landlord withdraws the deposited amount before filing for eviction. |
How long must rent be paid by a tenant, or what interest applies if there is a default? | Rent must be paid by the fifteenth day of the month following the payment month, and the tenant is liable to pay simple interest at fifteen per cent. per annum on any default. |
What can happen to rent in deposit if it is not withdrawn by the landlord or entitled person? | It shall be forfeited to Government by an order made by the Controller if it is not withdrawn within five years of posting the notice of deposit. |
To whom do the provisions of this Chapter apply in relation to hotels and lodging houses? | The provisions apply to all hotels and lodging houses in areas included before April 7, 1958. |
What can the Central Government do regarding hotels and lodging houses within specified urban areas? | The Central Government may apply by notification in the Official Gazette to hotels and lodging houses within those limits. |
Under what condition may the Central Government exempt a class of hotels or lodging houses from this Chapter? | The Central Government may exempt such a class if it is of opinion that it would not be desirable in the public interest to apply the provisions of the Chapter. |
When may the Controller fix a fair rate for services provided in a hotel or lodging house? | The Controller may fix a fair rate if he has reason to believe that the charges are excessive, based on a written complaint or otherwise. |
What factors must the Controller consider when determining a fair rate? | The Controller must regard the circumstances of the case and the prevailing rates for similar accommodation during the twelve months preceding June 1, 1951, as well as any general increase in the cost of living after that date. |
How can a fair rate be revised by the Controller? | The Controller may revise the fair rate upon application from the hotel manager or lodging house owner to account for any general rise or fall in the cost of living since the initial fixing. |
What must the manager of a hotel or owner of a lodging house not do when the Controller has determined the fair rate? | They shall not charge an amount exceeding the fair rate and cannot withdraw any concession without prior written permission from the Controller. |
What happens to an agreement for charges in excess of the fair rate? | Any such agreement is void regarding the excess and must be construed as if it were an agreement for the fair rate. |
Within what timeframe can a lodger recover any sum paid in excess of the fair rate? | A lodger may recover the excess payment within six months from the date of payment, or deduct it from any amount payable to the manager or owner. |
What must be obtained from the Controller for a hotel or lodging house owner to recover possession from a lodger? | The owner must obtain a certificate from the Controller certifying specific conditions, such as nuisance conduct by the lodger or the need for the accommodation. |
What is one of the grounds upon which a Controller may issue a certificate allowing recovery of possession? | The Certificate may be issued if the lodger has failed to pay the rent due from him. |
Who can the Central Government appoint as Controllers and Additional Controllers? | The Central Government may appoint them by notification in the Official Gazette, defining their local limits or the hotels they cover. |
What qualifications are required for a person to be appointed as a Controller or an additional Controller? | A person must have held a judicial office in India for at least five years or practiced as an advocate or pleader in India for at least seven years. |
What powers does the Controller possess regarding proceedings before him that are similar to those in a civil court? | The Controller can summon and enforce attendance of any person, require document discovery, and issue commissions for witness examination. |
What is the landlord's duty concerning the premises? | Every landlord is bound to keep the premises in good and tenantable repairs. |
What is one condition regarding deductions or recoverable amounts mentioned in relation to rent? | The amount deducted or recoverable in any year cannot exceed one-half of the rent payable by the tenant for that year. |
Under what circumstances might the Controller permit a tenant to make repairs not covered by the allowed deduction? | The Controller may permit it if necessary repairs are required in their opinion and the tenant agrees to bear the excess cost himself. |
What must be present for a landlord to lawfully cut off or withhold an essential supply or service? | A landlord shall not cut off or withhold any essential supply or service without just and sufficient cause. |
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