Section 2 of Himachal Pradesh Urban Rent Control Act, 1987

Definitions. -In this Act, unless the context otherwise requires, - 

(a) “appointed day” means the 18th day of August, 1987; (b) “building” means any building or part of a building let out for any purpose whether being actually used for that purpose or not, including any land, godowns, out houses or furniture let out therewith, but does not include a room in a hotel, hostel or boarding house; (c) “Controller” means any person who is appointed by the State Government to perform the functions of the Controller under this Act; (d) “landlord” means any person for the time being entitled to receive rent in respect of any building or rented land whether on his own account or on behalf, or for the benefit, of any 4 THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 other person, or as a trustee, guardian, receiver, executor or administrator for any other person, and includes a tenant who sublets any building or rented land in the manner hereinafter authorised, a specified landlord, and every person from time to time deriving title under a landlord; (e) “non-residential building” means a building being used – (i) mainly for the purpose of business or trade; or (ii) partly for the purpose of business or trade and partly for the purpose of residence, subject to the condition that the person who carried on business or trade in the building resides therein: Provided that if a building is let out for residential and non-residential purposes, separately, to more than one person, the portion thereof let out for the purpose of residence shall not be treated as non-residential building. Explanation.- Where a building is used mainly for the purpose of business or trade, it shall be deemed to be a non-residential building even though a small portion thereof is used for the purpose of residence; (f) “prescribed” means prescribed by rules made under this Act; (g) “rented land” means any land let out separately for the purpose of being used principally for business or trade; (h) “residential building” means any building which is not a non residential building; (i) “specified landlord” means a person who is entitled to receive rent in respect of a building on his own account and who is holding or has held an appointment in a public service or post in connection with the affairs of the Union or of a State; 1[(j) “tenant” means any person by whom or on whose account rent is payable for a residential or non-residential building or rented land and includes a tenant continuing in possession after termination of the tenancy, a deserted wife of a tenant who has been or is entitled to be in occupation of the matrimonial home or tenanted premises of husband, a divorced wife of a tenant who has a decree of divorce in which the right of residence in the matrimonial home or tenanted premises has been incorporated as one of the conditions of the decree of divorce and in the event of the death of such person such of his heirs as are mentioned in Schedule-I to this Act and who were ordinarily residing with him or carrying on business in the premises at the time of his

1. Clause (j) substituted vide H.P. Act No. 8 of 2012. THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 5 death, subject to the order of succession and conditions specified, respectively in Explanation-I and Explanation-II to this clause, but does not include a person placed in occupation of a building or rented land by its tenant, except with the written consent of the landlord, or a person to whom the collection of rent or fees in a public market, cart stand or slaughter house or of rents for shops has been farmed out or leased by a Municipal Corporation or a Municipal Council or a Nagar Panchayat or a Cantonment Board; Explanation-I.- The order of succession in the event of death of the person continuing in possession after the termination of his tenancy shall be as follows:— (a) firstly, his surviving spouse; (b) secondly, his son or daughter, or both, if there is no surviving spouse, or if the surviving spouse did not ordinarily live with the deceased persons as a member of his family upto the date of his death; (c) thirdly, his parent(s), if there is no surviving spouse, son or daughter of the deceased person, or if such surviving spouse, son, daughter or any of them, did not ordinarily live in the premises as a member of the family of the deceased person upto the date of his death; and (d) fourthly, his daughter-in-law, being the widow of his pre-deceased son, if there is no surviving spouse, son, daughter or parent(s) of the deceased person or if such surviving spouse, son, daughter or parent(s), or any of them, did not ordinarily live in the premises as a member of the family of the deceased person upto the date of his death: Provided that the successor has ordinarily been living or carrying on business in the premises with the deceased tenant as a member of his family upto the date of his death and was dependent on the deceased tenant: Provided further that a right to tenancy shall not devolve upon a successor in case he or his spouse or any of his dependent son or daughter is owning or occupying a premises in the urban area in relation to the premises let. Explanation-II.- The right of every successor, referred to in Explanation-I, to continue in possession after the termination of the tenancy, shall be personal to him and shall not, on the death of such successor, devolve on any of his heirs; and.] (k) “urban area” means any area administered by a municipal corporation, a municipal committee, a cantonment board, or a notified area committee or any area declared by the State 6 THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 Government, by notification, to be an urban area for the purposes of this Act.