Section 30 of Delhi Rent Control Act, 1958 - Application of Chapter V
Section 30 of the Delhi Rent Control Act, 1958 determines where Chapter V of the Act, dealing with hotels and lodging houses, applies. It identifies the areas in which the Chapter applies and authorises the Central Government to extend its operation to specified urban areas or exempt a class of hotels or lodging houses in the public interest.
What Section 30 provides
The provisions of this Chapter apply to all hotels and lodging houses in the areas which, immediately before 7 April 1958, were included in the New Delhi Municipal Committee, Municipal Committee, Delhi and the Notified Area Committee, Civil Station, Delhi.
The Central Government may, by notification in the Official Gazette, apply the Chapter to hotels and lodging houses within the limits of such other urban area of the Municipal Corporation of Delhi as may be specified in the notification.
The proviso further permits the Central Government, where it considers such a step desirable in the public interest, to exempt by Official Gazette notification any class of hotels or lodging houses from the operation of the Chapter.
The statutory wording should be read with the current official text and applicable Gazette notifications. See the official India Code resource linked in the sidebar.
Meaning and scope of Section 30
Section 30 is an application provision. It does not itself fix hotel or lodging-house rates. Instead, it determines the territorial and class-based reach of Chapter V. Once Chapter V applies, the connected provisions governing fair rates and related matters must be read together with Section 30.
Hotels and lodging houses
Section 2(d) of the Act defines a "hotel or lodging house" as a building or part of a building where lodging, with or without board or other services, is provided for monetary consideration. This definition is important because Section 30 applies specifically to establishments falling within that statutory description.
Power to extend Chapter V
The Central Government may extend Chapter V to hotels and lodging houses in another specified urban area within the relevant municipal limits by issuing a notification in the Official Gazette. The statutory mechanism therefore makes the applicable Gazette notification important when determining whether Chapter V governs a particular establishment or locality.
Power to exempt a class of establishments
The proviso to Section 30 permits the Central Government to exempt a class of hotels or lodging houses from Chapter V where it forms the opinion that applying the Chapter to that class would not be desirable in the public interest. Such an exemption must also be made by notification in the Official Gazette.
Relationship with Chapter V
Chapter V of the Delhi Rent Control Act deals with hotels and lodging houses. Section 31 concerns the fixing of a fair rate, while Section 32 provides for revision of the fair rate. The Act defines "fair rate" in Section 2(c) as the fair rate fixed under Section 31 and includes a rate revised under Section 32.
Official legal source
The Delhi Rent Control Act, 1958 is Central Act No. 59 of 1958. The official India Code text records the Act as enacted on 31 December 1958 and contains the current consolidated statutory text available through the Government of India portal.
Related provisions
For the surrounding provisions of the Act, see Section 29 - Saving as to acceptance of rent and forfeiture of rent in deposit and the Delhi Rent Control Act, 1958 index.