Delhi Rent Control Act, 1958
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[Director of Estate];
(b) whether or not
such intimation is given, the [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
intimations required by clause (a), no notice shall be issued by the 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.
(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 case where
no such intimation has been given, as from the date on which possession of the
premises in 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 of 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.