Section 41 of Delhi Rent Control Act, 1958 - Controller's Power for Recovery of Fine

Section 41 of the Delhi Rent Control Act, 1958 deals with the manner in which a fine imposed by the Rent Controller is to be paid and recovered when it is not paid within the time allowed.

What Section 41 provides

Any fine imposed by a Controller under this Act shall be paid by the person fined within such time as may be allowed by the Controller and the Controller may, for good and sufficient reason, extend the time, and in default of such payment, the amount shall be recoverable as a fine under the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), and the Controller shall be deemed to be a magistrate under the said Code for the purposes of such recovery.

Meaning and scope of Section 41

The provision creates a statutory mechanism for enforcing a fine imposed by the Controller under the Delhi Rent Control Act. It first requires the person fined to make payment within the period fixed by the Controller. The Controller may extend that period where there is good and sufficient reason.

If the fine remains unpaid, Section 41 authorises recovery through the legal procedure applicable to recovery of a fine. For that limited recovery purpose, the Controller is treated as a magistrate. This deeming provision is functional: it equips the Controller with the authority required to enforce the monetary penalty rather than leaving the fine as an unenforced order.

Important legal points

Payment period: The person fined must pay within the time allowed by the Controller.
Extension of time: The Controller may grant additional time when good and sufficient reason is shown.
Default: If payment is not made, the fine becomes recoverable through the statutory procedure for levy and recovery of fines.
Deemed magistrate: The Controller is deemed to be a magistrate only for the purpose of recovery contemplated by Section 41.

Current criminal procedure context

The text of Section 41 still contains a historical reference to the Code of Criminal Procedure, 1898. That Code was replaced by the Code of Criminal Procedure, 1973. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has, in turn, replaced the 1973 Code with effect from 1 July 2024, subject to its repeal and savings provisions.

Under the present criminal procedure framework, Chapter XXXIV of the BNSS deals with execution, suspension, remission and commutation of sentences. Sections 461 to 464 specifically deal with levy of fines, including warrants for levy of fine and related execution matters. Accordingly, the historical wording of Section 41 should be read together with the currently applicable procedural law and the relevant repeal, savings and interpretation provisions.

Practical note: Section 41 concerns recovery of a fine already imposed under the Delhi Rent Control Act. It does not itself create a separate offence or prescribe a new fine. The legal source for imposition of a particular penalty must be found in the relevant substantive provision of the Act.

Official legal resources

Delhi Rent Control Act, 1958 - India Code
Bharatiya Nagarik Suraksha Sanhita, 2023 - India Code

Updated: 24 September 2026. This page is intended as a legal information resource and should be read with the latest statutory amendments, notifications and binding judicial decisions.