Section 3:
Certain provisions not to apply to premises.
(1) Nothing in this Act shall apply--
(a) to any premises belonging to the Government or a local authority;
(b) to any tenancy or other like relationship created by a grant from the Government in respect of
the premises taken on lease, or requisitioned, by the Government:
Provided that where any premises belonging to Government have been or are lawfully let out by
any person by virtue of an agreement with the Government or otherwise, then, notwithstanding any
judgment, decree or order of any court or other authority, the provisions of this Act shall apply to
such tenancy;
(c) to any premises, whether residential or not and whether let out before or after the
commencement of this Act, whose monthly deemed rent on the date of commencement of this Act
exceeds three thousand and five hundred rupees;
(d) to any premises constructed on or after the 1st day of December, 1988 but before the
commencement of this Act for a period of ten years from the date of completion of such construction;
(e) to any premises constructed on or after the commencement of this Act, for a period of fifteen
years from the date of completion of such construction;
(f) to any premises, being a premises not let out within seven years before letting out the same, for
a period of fifteen years from the date it is let out;
(g) to any premises let out to a citizen of a foreign country or an embassy, high commission,
legation or commission of a foreign State or such international organisation as may be specified by
the Central Government by notification in the Official Gazette;
(h) to any premises belonging to such religious, charitable or educational trust or class of trusts as
may be specified by the Central Government by notification in the Official Gazette;
(i) to any tenancy, whether entered before or after the commencement of this Act, for a period of
twenty years or more and registered under the Registration Act, 1908 (16 of 1908) and not terminable
before its expiration at the option of the landlord.
Explanation I.--For the removal of doubts, it is hereby declared that the provisions of this Act shall
apply to any premises, not being a premises mentioned in sub-section (1),--
(a) let out to the Government or a local authority;
(b) let out by a hire-purchaser, lessee or sub-lessee, by whatever name called, who has been
allotted such premises by the Delhi Development Authority or any other local authority by way of an agreement of hire-purchase, lease or sub-lease, even before the full ownership rights accrue to such
hire-purchaser, lessee or sub-lessee, as the case may be.
Explanation II.--"Premises belonging to the Government or a local authority" shall, notwithstanding
anything contained in any judgment, decree or order of a court, not include a building erected on any land
held by any person from the Government or a local authority by virtue of an agreement, a lease, licence or
grant although such land under the conditions of such agreement, lease, licence or grant may continue to
belong to the Government or a local authority.
Explanation III.--"Deemed rent on the date of commencement of this Act" shall be the rent
calculated in the manner provided in section 7, together with revision, if any, as provided in section 9 and
decreased in the case of premises constructed after the commencement of this Act at the same rate as the
rate of enhancement stipulated in Schedule I to reflect the position on the date of the commencement of
this Act.
Explanation IV.--"Date of completion of construction" shall be the date of completion as intimated
to the concerned authority or of assessment to property tax, whichever is earlier, and, where the premises
have been constructed in stages, the date on which the initial building was completed and an intimation
thereof was sent to the concerned authority or was assessed to property tax, whichever is earlier.
Explanation V.--"Premises constructed" shall include--
(i) re-building of more than seventy-five per cent. of an existing building;
(ii) additional construction to an existing building.
(2) Notwithstanding anything contained in sub-section (1), in the Transfer of Property Act, 1882
(4 of 1882), the Code of Civil Procedure, 1908 (5 of 1908) and any other law for the time being in force, the Rent Authority shall have the jurisdiction to decide all disputes relating to tenancies in respect of the
premises referred to in clauses (c) to (i) of sub-section (1).