| from: | Committee for the Repeal of Delhi Rent Control Act crdrca@gmail.com | ||
| to: | asaxena@nic.in, s.jogiani@gov.in, jatin.kumar86@nic.in | ||
| date: | Nov 24, 2020, 11:36 AM | ||
| subject: | Suggestions regarding draft Model Tenancy Act, 2020 | ||
To,
Shri Akhil Saxena,
Deputy Secretary (Housing),
Ministry of Housing and Urban Affairs,
Nirman Bhawan,
New Delhi
Dear Sir,
On behalf of property owners whose properties are stuck under Delhi Rent Control Act, 1958 and similarly placed owners in other cities the Committee for the Repeal of Delhi Rent Control Act (CRDRCA) rejects the proposed Model Tenancy Act 2020 – lock, stock and barrel. The reason for rejection is that Point V of the background note on Model Tenancy Act, 2020 available on the website of MoHUA states that “the MTA to be applicable prospectively and the existing tenancies shall continue to be governed by the respective extant rental laws of the States/UTs”. The MTA 2020 has deliberately and on purpose left out the hundreds of thousands of property owners in Delhi, Mumbai and other cities who would continue to get pittance as rent for properties in prime commercial areas which were rented out 6-8 decades earlier. Govt. welfare policies as a rule help those who are senior citizens or super senior citizens or those whose needs are the most. In the instant case even this basic principle has been lost sight of and owners between 60 to 80 years of age have been thrown to the wolves.
Secondly, even as the second decade of 21st century is coming to an end the present Union Govt. is applying the age old tactic of divide and rule practiced and perfected by the British colonial rulers – in the instant case by creating a rift between landlords of new and old tenancies.
Thirdly the Govt. of India has once again succumbed to the powerful tenant-trader lobby for the nth time since 1995. Is the Govt. of India only functioning for this lobby? Then, sabka saath sabka vikas is a hollow slogan.
SUGGESTION
The need is for repeal of existing rent control laws all over the country. If that is done there is no need for a new law. The Central Govt. has the power to repeal all the existing rent control laws as the topic of Transfer of Property under which all rent laws fall is covered by Entry 6 of List III in the Seventh Schedule to the Constitution of India. That will solve the housing problem in one stroke. The MTA 2020 is a useless and counterproductive piece of legislation.
Last year also we had made a similar suggestion on MTA, 2019 (see below) which you have not taken into consideration.
Kindly acknowledge receipt of this communication and keep us informed.
Thanks.
Yours sincerely,
Shobha Aggarwal
President, Committee for the Repeal of Delhi Rent Control Act
4/14 A, Asaf Ali Road, New Delhi – 110002
Phone: 98115 28656
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Mr. Akhil Saxena,
Deputy Secretary (Housing)
Ministry of Housing and Urban affairs,
Nirman Bhawan,
New Delhi
Email: asaxena@nic.in
Subject: Suggestions regarding draft Model Tenancy Act, 2019
Sir,
The only issue plaguing Indian cities for the last several decades is the continued existence of archaic rental laws. There is no clarification by the Government so far on whether these would be repealed or not.
If the Government is serious about bringing any change in rental laws the first step should be to expressly repeal the Delhi Rent Control Act, 1958 (DRCA). It is within the powers of the Central Government to do this as DRCA is a Central Act. It will also set an example for other states and they will follow suit.
Any new Tenancy Act should specify a time frame (maximum of one year) within which the existing tenancies would come under its ambit.
Thanks.
Yours sincerely,
Shobha Aggarwal
President, Committee for the Repeal of Delhi Rent Control Act
Phone: 98115 28656
Address: 4/14 A, Asaf Ali Road, New Delhi- 110002
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