Second Schedule of Delhi Rent Control Act 1958 - Basic Rent
The Second Schedule to the Delhi Rent Control Act, 1958 lays down the statutory method for determining "basic rent" for premises let out before 2 June 1944. The Schedule is expressly linked to sections 2(a) and 6(1) of the Act.
Meaning of Basic Rent
For the purposes of this Schedule, "basic rent" is a defined statutory amount. It is not simply the rent currently being paid. For premises let before 2 June 1944, the calculation begins with the "original rent" identified in paragraph 2 and then applies the increase specified in paragraphs 3, 4 or 5, depending on the use of the premises.
Second Schedule - Statutory Provisions
[See sections 2(a) and 6(1)]
1. Basic rent
In this Schedule, "basic rent" in relation to any premises let out before the 2nd June, 1944, means the original rent of such premises referred to in paragraph 2 increased by such percentage of the original rent as is specified in paragraph 3 or paragraph 4 or paragraph 5, as the case may be.
2. Original rent
"Original rent", in relation to premises referred to in paragraph 1, means:
(a) where the rent of such premises has been fixed under the New Delhi House Rent Control Order, 1939, or the Delhi Rent Control Ordinance, 1944 (25 of 1944), the rent so fixed; or
(b) in any other case:
(i) the rent at which the premises were let on the 1st November, 1939; or
(ii) if the premises were not let on that date, the rent at which they were first let out at any time after that date but before the 2nd June, 1944.
3. Residential and specified public-use premises
Where the premises to which paragraph 2 applies are let out for use as a residence, public hospital, educational institution, public library or reading room, or orphanage, the basic rent is the original rent increased by the applicable percentage below.
| Annual original rent | Increase |
|---|---|
| Not more than Rs. 300 | 12-1/2 per cent |
| More than Rs. 300 but not more than Rs. 600 | 15-5/8 per cent |
| More than Rs. 600 but not more than Rs. 1,200 | 18-3/4 per cent |
| More than Rs. 1,200 | 25 per cent |
4. Premises used for other purposes
Where the premises are let for a purpose other than those mentioned in paragraph 3, the basic rent is the original rent increased by twice the amount by which it would be increased under paragraph 3 if the premises were let for a purpose mentioned there.
5. Mixed residential and business or professional use
Where the premises are used mainly as a residence and incidentally for business or profession, the basic rent is the mean of the rent calculated under paragraphs 3 and 4.
How the Second Schedule Works
The calculation therefore involves three questions: whether the premises fall within the pre-2 June 1944 category; what amount qualifies as the original rent under paragraph 2; and which use-based rule in paragraph 3, 4 or 5 applies. Paragraph 3 contains the base percentage table, paragraph 4 doubles the paragraph 3 increase for other uses, and paragraph 5 takes the mean of the paragraph 3 and paragraph 4 calculations for qualifying mixed use.
Connection with Sections 2(a) and 6(1)
The Schedule should be read with the operative provisions of the Delhi Rent Control Act, 1958. Section 2(a) defines "basic rent" by reference to the Second Schedule, while section 6 deals with standard rent. The Schedule thus supplies the historical rent calculation used by the Act where its conditions are satisfied.