Section 35 of Delhi Rent Control Act - Appointment of Controllers and Additional Controllers
Section 35 of the Delhi Rent Control Act, 1958 forms part of Chapter VI, dealing with the appointment of Controllers and their powers, functions and appeals. The provision authorises the Central Government to appoint Controllers and Additional Controllers and prescribes the professional qualifications required for those appointments.
Text of Section 35 - Appointment of Controllers and Additional Controllers
(1) The Central Government may, by notification in the Official Gazette, appoint as many Controllers as it thinks fit, and define the local limits within which, or the hotels and lodging houses in respect of which, each Controller shall exercise the powers conferred, and perform the duties imposed, on Controllers by or under this Act.
(2) The Central Government may also, by notification in the Official Gazette, appoint as many additional Controllers as it thinks fit and an additional Controller shall perform such of the functions of the Controller as may, subject to the control of the Central Government, be assigned to him in writing by the Controller and in the discharge of these functions, an additional Controller shall have and shall exercise the same powers and discharge the same duties as the Controller.
(3) A person shall not be qualified for appointment as a Controller or an additional Controller, unless he has for at least five years held a judicial office in India or has for at least seven years been practising as an advocate or a pleader in India.
Meaning and scope of Section 35
1. Appointment by Central Government
Sub-section (1) places the power of appointment with the Central Government. Appointment is made through a notification in the Official Gazette. The Government may appoint as many Controllers as it considers necessary for administration of the Act.
2. Jurisdiction of a Controller
The notification may define the local limits within which a Controller will act. It may also specify the hotels or lodging houses in respect of which the Controller will exercise statutory powers and perform statutory duties. The jurisdiction of the authority therefore depends on the appointment notification read with the Act.
3. Additional Controllers and written assignment
Under sub-section (2), the Central Government may appoint Additional Controllers by Official Gazette notification. An Additional Controller performs those functions of the Controller that are assigned to that officer in writing by the Controller, subject to the control of the Central Government. While discharging an assigned function, the Additional Controller has the same powers and duties as the Controller for that function.
4. Qualification for appointment
Sub-section (3) provides a minimum professional qualification. A person must have held a judicial office in India for at least five years, or must have practised as an advocate or pleader in India for at least seven years, to qualify for appointment as a Controller or Additional Controller.
Why Section 35 is important
Section 35 establishes the statutory authority through which the adjudicatory and administrative functions assigned to a Controller under the Delhi Rent Control Act are exercised. It should be read with Section 36, which sets out powers of the Controller, and Section 37, which deals with procedure before the Controller.
Related provisions
- Section 34 - Recovery of possession by manager of a hotel or owner of a lodging house
- Section 36 - Powers of Controller
- Section 37 - Procedure to be followed by Controller
- Section 38 - Appeal to the Tribunal
Last reviewed: 24 September 2026. This page is intended as a general legal reference. For a proceeding or filing, verify the current statutory text, applicable notifications and binding judicial decisions.