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Section 3 – The Delhi Rent Act, 1995

The Delhi Rent Act, 1995

 

3. Certain provisions not to apply to premises.-

 

(1) Nothing in this Act shall apply-

 

(a) to any premises belonging to the Government or a local authority,

 

(b) to any tenancy or other like relationship created by a grant from the Government in respect of the premises taken on lease, or requisitioned, by the Government.

 

Provided that where any premises belonging to Government have been or are lawfully let out by any person by virtue of an agreement with the Government or otherwise, then, notwithstanding any judgment, decree or order of any court or other authority, the provisions of this Act shall apply to such tenancy.

 

(c) To any premises, whether residential or not and whether let out before or after the commencement of this Act, whose monthly deemed rent on the date of commencement of this Act exceeds three thousand and five hundred rupees,

 

(d) To any premises constructed on or after the 1st day of December, 1988 but before the commencement of this Act for a period of ten years from the date of completion of such construction, to any premises constructed on or after the commencement of this Act, for a period of fifteen years from the date of completion of such construction,

 

(e) To any premises, being a premises not let out within seven years before letting out the same, for a period of fifteen years from the date it is let out,

 

(f) To any premises let out to a citizen of a foreign country or an embassy, high commission, legation or commission of a foreign State or such international organisations as may be specified by the Central Government by notification in the Official Gazette,

 

(h) To any premises belonging to such religious, charitable or education trust or class of trusts as may be specified by the Central Government by notification in the Official Gazette,

 

(i) To any tenancy, whether entered before or after the commencement of his Act, for a period of twenty years or more and registered under the Registration Act, 1908 (16 of 1908) and not terminable before is expiration at the option of the landlord.

 

Explanation 1. For the removal of doubts, it is hereby declared that the provisions of this Act shall apply to any premises, not being a premises mentioned in sub section (1),-

 

(a) Let out to the Government or local authority

 

(b) Let out by a hire purchaser, lessee or sub lessee, by whatever name called, who has been allotted such premises by the Delhi Development Authority or any other local authority by way of an agreement of hire purchases, lease or sub lease, even before the full ownership rights accrue to such hire purchaser, lessee or sub- lessee, as the case may be.

 

Explanation II.- “Premises belonging to the Government or a local Authority” shall, notwithstanding anything contained in any judgment, decree or order of a court, not include a building erected on any land held by any person from the Government or a local authority by virtue of an agreement, a lease , licence or grant although such land under the conditions of such agreement, lease, licence or grant may continue to belong to the Government or a local authority.

 

Explanation III.- “Deemed rent on the date of commencement of the Act” shall be the rent calculated in the manner provided in section 7, together with revision, if any, as provided in section 9 and decreased in the case of premises constructed after the commencement of this Act at the same rate as the rate of enhancement stipulated in Schedule 1 to reflect the position on the date of the commencement of this Act.

 

Explanation IV.- “Date of completion of construction” shall be the date of completion as intimated to the concerned authority or of assessment to property tad, whichever is earlier, and, where the premises have been constructed in stages, the date on which the initial building was completed and an intimation thereof was sent to the concerned authority or was assessed to property tax, whichever is earlier.

 

Explanation V.- “Premises constructed” shall include –

 

(i) Re-building of more than seventy five per cent of an existing building

 

(ii) Additional construction to an existing building

 

(2) Notwithstanding anything contained in sub section (1), in the Transfer of Property Act, 1882 ( 4 of 1882), the Code of Civil Procedure, 1908 (5 of 1908) and any other law for the time being in force, the Rent Authority shall have the jurisdiction to decide all disputes relating to tenancies in respect of the premises referred to in clause (c) to (I) of sub section (1).

 

 

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The Delhi Rent Act, 1995

 

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