In force · As amended up to 2026-08
5. Unlawful charges not to be claimed or received.— (1) Subject to the provisions of this Act, no person shall claim or receive any rent in excess of the standard rent, notwithstanding any agreement to the contrary.
(2) No person shall, in consideration of the grant, renewal or continuance of a tenancy or sub-tenancy of any premises,—
(a) claim or receive the payment of any sum as premium or pugree or claim or receive any consideration whatsoever, in cash or in kind, in addition to the rent; or
(b) except with the previous permission of the Controller, claim or receive the payment of any sum exceeding one month's rent of such premises as rent in advance.
(3) It shall not be lawful for the tenant or any other person acting or purporting to act on behalf of the tenant or a sub-tenant to claim or receive any payment in consideration of the relinquishment, transfer or assignment of his tenancy or sub-tenancy, as the case may be, of any premises.
(4) Nothing in this section shall apply—
5. Where the premises to which paragraph 2 applies are used mainly as a residence and incidentally for business or profession, the basic rent of the premises shall be the mean of the rent as calculated under paragraphs 3 and 4.
1[THE THIRD SCHEDULE
[ See section 25B(2)]
Form of summons in a case where recovery of possession of premises is prayed for on the ground of
bona fide requirement or under section 14A
To
(Name, description and place of residence of the tenant.)
WHEREAS Shri...........................................has filed an application a copy of which is annexed) for your eviction from here insert the particulars of the premises) on the ground specified in clause (e) of the proviso to sub-section (1) of section 14, or under section 14A;
You are hereby summoned to appear before the Controller within fifteen days of the service hereof and to obtain the leave of the Controller to contest the application for eviction on the ground aforesaid; in default whereof, the applicant will be entitled at any time after the expiry of the said period of fifteen days to obtain an order for your eviction from the said premises.
Leave to appear and contest the application may be obtained on an application to the Controller supported by an affidavit as is referred to in sub-section (5) of section 25B.
Given under my hand and seal.
This .....................................day of..................................19......................................................
Controller]
____________________
1. Ins. by Act 18 of 1976, s. 7 (w.e.f. 1-12-1975).
Source: India Code