Himachal Pradesh Urban Rent Control Act, 1987: Difference between revisions
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==Section 1== | ==Section 1== | ||
-(1) This Act may be called the | Short title extent and commencement.- (1) This Act may be | ||
Himachal Pradesh Urban Rent Control Act, 1987. | called the Himachal Pradesh Urban Rent Control Act, 1987. | ||
(2) It extends to all urban areas in the State of Himachal Pradesh. | (2) It extends to all urban areas in the State of Himachal Pradesh. | ||
(3) This Act shall and shall be deemed to have come into force on the 17th | (3) This Act shall and shall be deemed to have come into force on the | ||
day of November, 1971, | 17th day of November, 1971, but– | ||
(i) provisions contained in clauses(h) and (i) of sections 2; section 4; | (i) | ||
section 5; sub-section (2) of section 15; section 17 ; sub-section (3) of | provisions contained in clauses(h) and (i) of sections 2; | ||
section 30; section 34 and Schedule-I of this Act shall be deemed to | section 4; section 5; sub-section (2) of section 15; section 17; | ||
have come into force on the appointed day ; | sub-section (3) of section 30; section 34 and Schedule-I of | ||
(ii) provisions contained in clause (d) of section 2; sub-sections (1) and | this Act shall be deemed to have come into force on the | ||
(3) of section 15; section 16; section 27; section 28 and Schedule-II of | appointed day; | ||
this Act shall and shall be deemed to have come into force from the | (ii) provisions contained in clause (d) of section 2; sub-sections | ||
(1) and (3) of section 15; section 16; section 27; section 28 | |||
and Schedule-II of this Act shall and shall be deemed to have | |||
come into force from the day on which the corresponding | |||
provisions were inserted in clause (d) of section 2; section 14 | |||
day on which the corresponding provisions were inserted in clause (d) | A; section 14-B; section 23-A and section 23-B of the | ||
of section 2; section 14 | Himachal Pradesh Urban Rent Control Act, 1971 (23 of | ||
B of the Himachal Pradesh Urban Rent Control Act, 1971 (23 of | |||
1971): | 1971): | ||
(iii) provisions contained in section 4 and section 29 of the Himachal | (iii) provisions contained in section 4 and section 29 of the | ||
Pradesh Urban Rent Control Act, 1971 (23 of 1971), shall be deemed | Himachal Pradesh Urban Rent Control Act, 1971 (23 of | ||
to have remained in force during the period reckoned from the day on | 1971), shall be deemed to have remained in force during the | ||
which these were substituted or inserted, as the case may be in the | period reckoned from the day on which these were substituted | ||
said Act, till the appointed day; and | or inserted, as the case may be in the said Act, till the | ||
(iv) provisions contained in section 35 shall come in to force at once. | appointed day; and | ||
(iv) provisions contained in section 35 shall come in to force at | |||
once. | |||
==Section 2== | ==Section 2== | ||
Definitions. -In this Act, unless the context otherwise requires, - | Definitions. -In this Act, unless the context otherwise requires, - | ||
(a) | (a) | ||
(b) | “appointed day” means the 18th day of August, 1987; | ||
purpose whether being actually used for that purpose or not, including | (b) “building” means any building or part of a building let out for | ||
any land, godowns, out houses or furniture let out therewith, but does | any purpose whether being actually used for that purpose or | ||
not include a room in a hotel, hostel | not, including any land, godowns, out houses or furniture let | ||
(c) | out therewith, but does not include a room in a hotel, hostel or | ||
Government to perform the functions of the Controller under this Act; | boarding house; | ||
(d) | (c) | ||
in respect of any building or rented land whether on his own account | “Controller” means any person who is appointed by the State | ||
or on behalf, or for the benefit, of any other person, or as a trustee, | Government to perform the functions of the Controller under | ||
guardian, receiver, executor or administrator for any other person, and | this Act; | ||
includes a tenant who sublets any building or rented land in the | (d) “landlord” means any person for the time being entitled to | ||
manner hereinafter authorised, a specified landlord, and every person | receive rent in respect of any building or rented land whether | ||
from time to time deriving title under a landlord; | on his own account or on behalf, or for the benefit, of any | ||
(e) | 4 THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 | ||
(i) mainly for the purpose of business or trade; or | other person, or as a trustee, guardian, receiver, executor or | ||
(ii) partly for the purpose of business or trade and partly for the | administrator for any other person, and includes a tenant who | ||
purpose of residence, subject to the condition that the person who | sublets any building or rented land in the manner hereinafter | ||
carried on business or trade in the building resides therein: | authorised, a specified landlord, and every person from time | ||
Provided that if a building is let out for residential and non- residential | to time deriving title under a landlord; | ||
purposes, separately, to more than one person, the portion thereof let | (e) “non-residential building” means a building being used – | ||
out for the purpose of residence shall not be treated as | (i) mainly for the purpose of business or trade; or | ||
building. | (ii) partly for the purpose of business or trade and partly for | ||
Explanation.-Where a building is used mainly for the purpose of business | the purpose of residence, subject to the condition that the | ||
or trade, it shall be deemed to be a non-residential building even | person who carried on business or trade in the building | ||
though a small portion thereof is used for the purpose of | resides therein: | ||
residence; | Provided that if a building is let out for residential | ||
(f) | and non-residential purposes, separately, to more than one | ||
(g) | person, the portion thereof let out for the purpose of residence | ||
shall not be treated as non-residential building. | |||
being used principally for business or trade; | 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; | residential building; | ||
(i) | (i) “specified landlord” means a person who is entitled to receive | ||
respect of a building on his own account and who is holding or has | rent in respect of a building on his own account and who is | ||
held an appointment in a public service or post in connection with the | holding or has held an appointment in a public service or post | ||
affairs of the Union or of a State ; | in connection with the affairs of the Union or of a State; | ||
(j) | 1[(j) “tenant” means any person by whom or on whose account | ||
payable for a building or rented land and includes a tenant continuing | rent is payable for a residential or non-residential building or | ||
in possession after termination of the tenancy and in the event of the | rented land and includes a tenant continuing in possession | ||
death of such person such of his heirs as are mentioned in Schedule-I | after termination of the tenancy, a deserted wife of a tenant | ||
to this Act and who were ordinarily residing with him at the time of | who has been or is entitled to be in occupation of the | ||
matrimonial home or tenanted premises of husband, a | |||
respectively in Explanation-I and Explanation-II to this clause, but | divorced wife of a tenant who has a decree of divorce in | ||
does not include a person placed in occupation of a building or rented | which the right of residence in the matrimonial home or | ||
land by its tenant, except with the written consent of the landlord, or a | tenanted premises has been incorporated as one of the | ||
person to whom the collection of rent or fees in a public market, cart | conditions of the decree of divorce and in the event of the | ||
stand or slaughter house or of rents for shops has been farmed out or | death of such person such of his heirs as are mentioned in | ||
leased by a | Schedule-I to this Act and who were ordinarily residing with | ||
him or carrying on business in the premises at the time of his | |||
Explanation-I.- The order of succession in the event of | |||
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 | person continuing in possession after the termination of his tenancy shall be as | ||
follows: | follows:— | ||
(a) firstly, his surviving spouse; | (a) firstly, his surviving spouse; | ||
(b) secondly, his son or daughter, or both, if there is no surviving spouse, | (b) secondly, his son or daughter, or both, if there is no | ||
or if the surviving spouse did not ordinarily live with the deceased | surviving spouse, or if the surviving spouse did not | ||
persons as a member of his family upto the date of his death; | ordinarily live with the deceased persons as a member of | ||
(c) thirdly, his parent(s), if there is no surviving spouse, son or daughter of | his family upto the date of his death; | ||
the deceased person, or if such surviving spouse, son, daughter or any | (c) thirdly, his parent(s), if there is no surviving spouse, son | ||
of them, did not ordinarily live in the premises as a member of the | or daughter of the deceased person, or if such surviving | ||
family of the deceased person upto the date of his death ; and | spouse, son, daughter or any of them, did not ordinarily | ||
(d) fourthly, his daughter-in-law, being the widow of his pre-deceased | live in the premises as a member of the family of the | ||
son, if there is no surviving spouse, son, daughter or parent(s) of the | deceased person upto the date of his death; and | ||
deceased person or if such surviving spouse, son, daughter or parent | (d) fourthly, his daughter-in-law, being the widow of his | ||
(s), or any of them, did not ordinarily live in the premises as a | pre-deceased son, if there is no surviving spouse, son, | ||
daughter or parent(s) of the deceased person or if such | |||
death | surviving spouse, son, daughter or parent(s), or any of | ||
Explanation-II.-The right of every successor, referred to in Explanation-I, | them, did not ordinarily live in the premises as a member | ||
to continue in possession after the termination of the tenancy, shall be | of the family of the deceased person upto the date of his | ||
personal to him and shall not, on the death of such successor, devolve | death: | ||
on any of his heirs; and | Provided that the successor has ordinarily been living or carrying on | ||
(k) | business in the premises with the deceased tenant as a member of his family | ||
a municipal committee, a cantonment board, or a notified area | 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 | |||
committee or any area declared by the State Government, by | successor in case he or his spouse or any of his dependent son or daughter is | ||
notification, to be an urban area for the purposes of this Act. | 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. | |||
==Section 3== | ==Section 3== | ||
Exemptions.- (1) The State Government may direct that all or any | |||
the provisions of this Act shall not apply to any particular building or rented land | of the provisions of this Act shall not apply to any particular building or | ||
or any class of buildings or rented lands. | rented land or any class of buildings or rented lands. | ||
(2) The provisions of this Act shall not apply to any building or rented | (2) The provisions of this Act shall not apply to any building or rented | ||
land owned by the Government. | land owned by the Government. | ||
==Section 4== | ==Section 4== | ||
. Determination of standard rent- (1) The Controller shall, on | |||
the tenant or the landlord of a building or rented land, and after holding such | application by the tenant or the landlord of a building or rented land, and after | ||
enquiry as he may think fit, fix the | holding such enquiry as he may think fit, fix the standard rent for such a | ||
building or rented land on the basis of 10% of the aggregate cost of | |||
construction and the market price of the land comprised in the premises on the | |||
date of commencement of the construction. The standard rent so derived shall | |||
be increased by 10% from the year of construction to the present year to arrive | |||
at standard rent for the given year. However, in case of non-residential | |||
building, the standard rent shall be fixed on the basis of 15% of the aggregate | |||
cost of construction and the market price of the land comprised in the | |||
premises on the date of the construction. | |||
Explanation.— For the purpose of fixation of standard rent, the | |||
maintenance charges, municipal taxes including water and electricity charges | |||
shall be taken into account: | |||
Provided that— | |||
(i) the maintenance charges shall not exceed 5% of the standard | |||
rent; | |||
(ii) the taxes shall be as per actual tax payable on prorata basis; | |||
and | and | ||
( | (iii) the other amenities like water and electricity shall be as | ||
agreed between the landlord and the tenant. | |||
(2) The standard rent fixed under sub-section (1) shall become | |||
payable from the date on which the application is filed under this section.] | |||
( | |||
fixed under | |||
( | |||
on which the application is filed under this section. | |||
==Section 5== | ==Section 5== | ||
Revision of standard rent in certain cases.- (l) Save as provided | |||
in section 4, when the standard rent of a land or rented building has been fixed | |||
section | under section 4, no further increase or decrease in such a standard rent shall be | ||
section 4, no further increase or decrease in such | permissible for a period of three years. | ||
a period of | (2) Notwithstanding anything contained in any law for the time being | ||
in force or in any contract, a landlord shall, in addition to the increase in rent | |||
provided in this Act, be entitled to increase the rent of a building or land at the | |||
(2) Notwithstanding anything contained in any law for the time being in | rate of ten per cent of the standard rent or the agreed rent, as the case may be, | ||
force or in any contract, a landlord shall in addition to the increase in rent | after every three years: | ||
provided in this Act be entitled to increase the rent of a building or land at the rate | |||
of | 1. Section 4 substituted vide H.P. Act No. 8 of 2012. | ||
2. Section 5 substituted vide H.P. Act No. 8 of 2012. | |||
THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 7 | |||
Provided that such increase shall be in a case where such a building or | |||
land has been let out for a period of three years or more immediately | |||
preceding the commencement of the Himachal Pradesh Urban Rent Control | |||
( | (Amendment) Act, 2009 and again with effect from expiry of every three | ||
years from such commencement. | |||
(3) The increase in standard rent shall be automatic and if there is any | |||
dispute between the landlord and the tenant in regard to any increase or | |||
decrease in rent under this section, such dispute shall be decided by the | |||
Controller.] | |||
commencement | |||
(3) | |||
increase or decrease in rent under this section shall be decided by the Controller. | |||
==Section 6== | ==Section 6== | ||
Increase in | [6. Increase in standard rent in certain cases admissible.- (1) Save | ||
under section 5, when the | as provided under section 5, when the standard rent of a building or rented | ||
under section 4, no further increase in such | land has been fixed under section 4, no further increase in such standard rent | ||
cases where some addition, improvement or alteration has been carried out in the | shall be permissible, except in cases where some addition, improvement or | ||
building or rented land | alteration or special repairs has been carried out in the building or rented land | ||
by the landlord at the request in writing of the tenant: | |||
Provided that the | Provided that the standard rent increased under this sub-section shall | ||
the | not exceed ten per cent of the cost of addition, improvement, alteration or | ||
special repairs. | |||
(2) If the tenant fails to pay the revised standard rent, he shall be | |||
liable for eviction under section 14 of the Act.] | |||
==Section 7== | ==Section 7== | ||
Landlord not to claim anything | Landlord not to claim anything in excess of standard rent.- | ||
provided in this Act, when the Controller has fixed the | Save as provided in this Act, when the Controller has fixed the standard rent | ||
rented land under section 4 | of a building or rented land under section 4, the landlord shall not claim or | ||
receive any premium or other like sum in addition to standard rent or any rent | |||
in addition to | in excess of such standard rent, but the landlord may stipulate for and receive | ||
landlord may stipulate for and receive in advance an amount not | in advance an amount not exceeding three month’s rent in lump sum: | ||
exceeding | Provided that any agreement for the payment of any sum in addition | ||
to rent, or of rent in excess of such standard rent, shall be null and void.] | |||
rent in excess of such | |||
==Section 8== | ==Section 8== | ||
Fine or premium not to be charged for grant, renewal, or | |||
continuance of tenancy.-(1) Subject to the provisions of this Act, no landlord | continuance of tenancy.- (1) Subject to the provisions of this Act, no | ||
shall claim or receive any rent in excess of the | landlord shall claim or receive any rent in excess of the 3[standard rent], | ||
agreement to the contrary. | notwithstanding any agreement to the contrary. | ||
(2) No landlord shall, in consideration of the grant, renewal or | |||
(2) No | continuance of a tenancy or sub-tenancy of any building or rented land, claim | ||
continuance of a tenancy or sub-tenancy of any building or rented land, claim or | or receive payment of any premium, pugree, fine, advance or any other like | ||
receive payment of any premium, pugree, fine advance or any other like sum in | sum in addition to the rent. | ||
addition to the rent | |||
==Section 9== | ==Section 9== | ||
Rent which should not have been paid may be recovered.- | |||
sum has been paid which sum is by reason of the provisions of this Act not | Where any sum has been paid which sum is by reason of the provisions of this | ||
payable, such sum shall, at any time within a period of one year after the date of | Act not payable, such sum shall, at any time within a period of one year after | ||
the payment, or in the case of payment made before the commencement of this | |||
Act within one year after the appointed day, be recoverable by the tenant by | 1. Section 6 substituted vide H.P. Act No. 8 of 2012. | ||
whom it was paid or his legal representative from the landlord who received the | 2. Section 7 substituted vide H.P. Act No. 8 of 2012. | ||
payment or his legal representative, and may, without prejudice to any other | 3. Substituted for the words “fair rent” vide H.P. Act No. 8 of 2012. | ||
method of recovery, be deducted by such tenant from any rent payable within such | 8 | ||
one year by him to such landlord. | THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 | ||
Explanation.-In this section, the expression | the date of the payment, or in the case of payment made before the | ||
same meaning as assigned to it in the Code of Civil Procedure, 1908 (5 of 1908) | commencement of this Act within one year after the appointed day, be | ||
and includes also, in the case of joint family property the joint family of which the | recoverable by the tenant by whom it was paid or his legal representative from | ||
deceased was a member. | the landlord who received the payment or his legal representative, and may, | ||
without prejudice to any other method of recovery, be deducted by such tenant | |||
from any rent payable within such one year by him to such landlord. | |||
Explanation.- In this section, the expression “legal representative” has | |||
the same meaning as assigned to it in the Code of Civil Procedure, 1908 (5 of | |||
1908) and includes also, in the case of joint family property the joint family of | |||
which the deceased was a member. | |||
==Section 10== | ==Section 10== | ||
Increase of rent on account of payment of rates etc. of local | |||
authority but rent not to be increased on account of payment of other taxes | authority but rent not to be increased on account of payment of other | ||
etc.-(l) Notwithstanding anything contained in any other provisions of this Act, | taxes etc.- (l) Notwithstanding anything contained in any other provisions of | ||
the landlord shall be entitled to increase the rent of a building or rented land, and | this Act, the landlord shall be entitled to increase the rent of a building or | ||
if after the commencement of the tenancy any fresh rate, cess or tax is levied in | rented land, and if after the commencement of the tenancy any fresh rate, cess | ||
respect of the building or rented land by the Government or any local authority, or | or tax is levied in respect of the building or rented land by the Government or | ||
if there is an increase in the amount of such a rate, cess or tax being levied at the | any local authority, or if there is an increase in the amount of such a rate, cess | ||
commencement of the tenancy : | or tax being levied at the commencement of the tenancy: | ||
Provided that the increase in rent shall not exceed the amount of any such | Provided that the increase in rent shall not exceed the amount of any | ||
rate, cess or tax or the amount of the increase in such rate, cess or tax, as the case | such rate, cess or tax or the amount of the increase in such rate, cess or tax, as | ||
may | the case may be. | ||
(2) Notwithstanding anything contained in any law for the time being in | (2) Notwithstanding anything contained in any law for the time being | ||
force or in any contract, no landlord shall recover from his tenant the amount of | in force or in any contract, no landlord shall recover from his tenant the | ||
any tax or any portion thereof in respect of any building or rented land occupied | amount of any tax or any portion thereof in respect of any building or rented | ||
by such tenant by increase in the amount of the rent payable or otherwise, save as | land occupied by such tenant by increase in the amount of the rent payable or | ||
provided in sub-section (1). | otherwise, save as provided in sub-section (1). | ||
==Section 11== | ==Section 11== | ||
Cutting off or withholding essential supply or service.- (1) No | |||
landlord either himself or through any person purporting to act on his behalf shall, | landlord either himself or through any person purporting to act on his behalf | ||
without just and sufficient cause cut off or withhold any essential supply or | shall, without just and sufficient cause cut off or withhold any essential supply | ||
service enjoyed by the tenant in respect of the building or rented land let out to | or service enjoyed by the tenant in respect of the building or rented land let | ||
him. | out to him. | ||
(2) If a landlord contravenes the provisions of sub-section (1), the tenant | (2) If a landlord contravenes the provisions of sub-section (1), the | ||
may make an application to the Controller complaining of such contravention. | tenant may make an application to the Controller complaining of such | ||
(3) If the Controller is satisfied that the essential supply or service was cut | contravention. | ||
off or withheld by the landlord with a view to compelling the tenant to vacate the | (3) If the Controller is satisfied that the essential supply or service | ||
premises or to pay an enhanced rent, the Controller may pass an order directing | was cut off or withheld by the landlord with a view to compelling the tenant to | ||
landlord to restore the amenities immediately pending the inquiry referred to in | vacate the premises or to pay an enhanced rent, the Controller may pass an | ||
order directing the landlord to restore the amenities immediately pending the | |||
sub-section (4). | inquiry referred to in sub-section (4). | ||
Explanation.-An interim order may be passed under this sub-section | Explanation.- An interim order may be passed under this sub-section | ||
without giving notice to the landlord. | without giving notice to the landlord. | ||
(4) If the Controller, on inquiry, finds that the essential supply or service | (4) If the Controller, on inquiry, finds that the essential supply or | ||
enjoyed by the tenant in respect of the building or rented land was cut off or | service enjoyed by the tenant in respect of the building or rented land was cut | ||
withheld by the landlord without just and sufficient cause, he shall make an order | off or withheld by the landlord without just and sufficient cause, he shall | ||
directing the landlord to restore such supply or service. | THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 | ||
(5) The Controller may, in his discretion, direct that compensation, not | 9 | ||
exceeding one hundred rupees,- | make an order directing the landlord to restore such supply or service. | ||
(a) be paid to the landlord by the tenant, if the application under sub | (5) The Controller may, in his discretion, direct that compensation, | ||
section (2) was made frivolously or vexatiously | not exceeding one hundred rupees,- | ||
(b) be paid to the tenant by the landlord, if the landlord had cut off or | (a) | ||
withheld the supply or service without, just and sufficient cause. | be paid to the landlord by the tenant, if the application under | ||
Explanation-l.-In this section, | sub-section (2) was made frivolously or vexatiously; | ||
supply of water, electricity, lights in passages and on staircases, conservancy and | (b) be paid to the tenant by the landlord, if the landlord had cut | ||
sanitary services. | off or withheld the supply or service without, just and | ||
Explanation-II.-For the purposes of this section, withholding any essential | sufficient cause. | ||
supply or service shall include acts or omissions attributable to the landlord on | Explanation-l.- In this section, “essential supply or service” includes | ||
account of which the essential supply or service is cut off by the local authority or | supply of water, electricity, lights in passages and on staircases, conservancy | ||
any other competent authority. | and sanitary services. | ||
Explanation-II.- For the purposes of this section, withholding any | |||
essential supply or service shall include acts or omissions attributable to the | |||
landlord on account of which the essential supply or service is cut off by the | |||
local authority or any other competent authority. | |||
==Section 12== | ==Section 12== | ||
Conversion of a residential building into a non-residential | |||
building.-No person shall convert a residential building into a non-residential | building.- No person shall convert a residential building into a non-residential | ||
building except with the permission in writing of the Controller. | building except with the permission in writing of the Controller. | ||
==Section 13== | ==Section 13== | ||
Landlord’s duty to keep the building or rented land in good | |||
repairs.-(l) Every landlord shall be bound to keep the building or rented land in | repairs.- (l) Every landlord shall be bound to keep the building or rented land | ||
good and tenantable repairs. | in good and tenantable repairs. | ||
(2) If the landlord neglects or fails to make, within a reasonable time after | (2) If the landlord neglects or fails to make, within a reasonable time | ||
receiving a notice in writing, any repairs which he is bound to make under sub | after receiving a notice in writing, any repairs which he is bound to make | ||
section (1), the tenant may make the same himself and deduct the expenses of | under sub-section (1), the tenant may make the same himself and deduct the | ||
such repairs from the rent or otherwise recover them from the landlord: | expenses of such repairs from the rent or otherwise recover them from the | ||
Provided that the amount so deducted or recoverable in any year shall not | landlord: | ||
exceed one-twelfth of the rent payable by the tenant for that year. | Provided that the amount so deducted or recoverable in any year shall | ||
not exceed one-twelfth of the rent payable by the tenant for that year. | |||
(3) Where any repairs without which the building or rented land is no | (3) Where any repairs without which the building or rented land is no | ||
longer habitable or useable, except with undue inconvenience, are to be made and | longer habitable or useable, except with undue inconvenience, are to be made | ||
the landlord neglects or fails to make them after receiving notice in writing, the | and the landlord neglects or fails to make them after receiving notice in | ||
tenant may apply to the Controller for | writing, the tenant may apply to the Controller for permission to get such | ||
own and may submit to the Controller an estimate of the cost of such repairs, and | repairs done on his own and may submit to the Controller an estimate of the | ||
thereupon the Controller may after giving the landlord an opportunity of being | cost of such repairs, and thereupon the Controller may after giving the | ||
heard and after considering such estimate of the cost and making such inquiries as | landlord an opportunity of being heard and after considering such estimate of | ||
he may consider necessary, by an order in writing, permit the tenant to make such | the cost and making such inquiries as he may consider necessary, by an order | ||
repairs at such cost as may be specified in the order and it shall thereafter be | in writing, permit the tenant to make such repairs at such cost as may be | ||
lawful for the tenant to get such repairs done on his own and to deduct the cost | specified in the order and it shall thereafter be lawful for the tenant to get such | ||
repairs done on his own and to deduct the cost thereof from the rent, which | |||
thereof from the rent, which shall in no case exceed the amount so specified or | shall in no case exceed the amount so specified or otherwise recover it from | ||
otherwise recover it from the landlord : | the landlord: | ||
Provided that the amount so deducted or recoverable in any year shall not | Provided that the amount so deducted or recoverable in any year shall | ||
exceed 3 months' rent payable by the tenant: | not exceed 3 months' rent payable by the tenant: | ||
10 THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 | |||
Provided further that if any repairs not covered by the said amount are | Provided further that if any repairs not covered by the said amount are | ||
necessary in the opinion of the Controller and the tenant agrees to bear the excess | necessary in the opinion of the Controller and the tenant agrees to bear the | ||
cost himself, the Controller may permit the tenant to make such repairs | excess cost himself, the Controller may permit the tenant to make such | ||
repairs | |||
==Section 14== | ==Section 14== | ||
.-(l) A tenant in possession of a building or rented | Eviction of tenants.- (l) A tenant in possession of a building or | ||
land shall not be evicted therefrom in execution of a decree passed before or after | rented land shall not be evicted therefrom in execution of a decree passed | ||
the commencement of this Act or otherwise, whether before or after the | before or after the commencement of this Act or otherwise, whether before or | ||
termination of the tenancy, except in accordance with the provisions of this Act. | after the termination of the tenancy, except in accordance with the provisions | ||
(2) A landlord who seeks to evict his tenant shall apply to the Controller | of this Act. | ||
for a direction in that behalf. If the Controller, after giving the tenant a reasonable | (2) A landlord who seeks to evict his tenant shall apply to the | ||
opportunity of showing cause against the applicant, is satisfied- | Controller for a direction in that behalf. If the Controller, after giving the | ||
(i) that the tenant has not paid or tendered the rent due from him in respect | tenant a reasonable opportunity of showing cause against the applicant, is | ||
of the building or rented land within fifteen days after the expiry of | satisfied- | ||
the time fixed in the agreement of tenancy with his landlord or in the | (i) that the tenant has not paid or tendered the rent due from him | ||
absence of any such agreement by the last day of the month next | in respect of the building or rented land within fifteen days | ||
following that for which the rent is payable: | after the expiry of the time fixed in the agreement of tenancy | ||
Provided that If the tenant on the first hearing of the application for | with his landlord or in the absence of any such agreement by | ||
ejectment after due service pays or tenders the arrears of rent and interest at the | the last day of the month next following that for which the | ||
rate of | rent is payable: | ||
assessed by the Controller, the tenant shall be deemed to have duly paid or | Provided that If the tenant on the first hearing of the | ||
tendered the rent within time aforesaid: | application for ejectment after due service pays or tenders the | ||
Provided further that if the arrears pertain to the period prior to the | arrears of rent and interest at the rate of 1[12 per cent] per | ||
appointed day, the rate of interest shall be calculated at the rate of | annum on such arrears together with the cost of application | ||
annum: | assessed by the Controller, the tenant shall be deemed to have | ||
Provided further that the tenant against whom the Controller has made an | duly paid or tendered the rent within time aforesaid: | ||
order for eviction on the ground of non-payment of rent due from him, shall not be | Provided further that if the arrears pertain to the | ||
evicted as a result of his order, if the tenant pays the amount due within a period | period prior to the appointed day, the rate of interest shall be | ||
of 30 days from the date of order ; or | calculated at the rate of 2[12 per cent] per annum: | ||
(ii) that the tenant has after the commencement of this Act without the | Provided further that the tenant against whom the | ||
written consent of the landlord | Controller has made an order for eviction on the ground of | ||
(a) transferred his rights under the lease or sublet the entire building or | non-payment of rent due from him, shall not be evicted as a | ||
rented land or any portion thereof | result of his order, if the tenant pays the amount due within a | ||
(b) used the building or rented land for a purpose other than that for which | period of 30 days from the date of order; or | ||
it was leased ; or | (ii) that the tenant has after the commencement of this Act | ||
(iii) that the tenant has committed such acts as are likely to impair | without the written consent of the landlord- | ||
materially the value or utility of the building or rented land ; or | (a) transferred his rights under the lease or sublet the entire | ||
building or rented land or any portion thereof, or | |||
(b) used the building or rented land for a purpose other than | |||
that for which it was leased; or | |||
(iii) that the tenant has committed such acts as are likely to impair | |||
materially the value or utility of the building or rented land; | |||
1. Substituted for the words “9 per cent” vide H.P. Act No. 8 of 2012. | |||
2. Substituted for the words “6 per cent” vide H.P. Act No. 8 of 2012. | |||
THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 11 | |||
or | |||
(iv) that the tenant has been guilty of such acts and conduct as are | (iv) that the tenant has been guilty of such acts and conduct as are | ||
nuisance to the occupiers of buildings in the neighborhood; or | nuisance to the occupiers of buildings in the neighborhood; or | ||
(v) that the tenant has ceased to occupy the building or rented | |||
land for a continuous period of twelve months without | |||
continuous period of twelve months without reasonable cause; | reasonable cause; | ||
the Controller may make an order directing the tenant to put the landlord in | the Controller may make an order directing the tenant to put the landlord in | ||
possession of the building or rented land and if the Controller is not so satisfied he | possession of the building or rented land and if the Controller is not so | ||
shall make an order rejecting the application | satisfied he shall make an order rejecting the application: | ||
Provided that the Controller may give the tenant a reasonable time for | Provided that the Controller may give the tenant a reasonable time for | ||
putting the landlord in possession of the building or rented land and may extend | putting the landlord in possession of the building or rented land and may | ||
such time so as not to exceed three months in the aggregate. | extend such time so as not to exceed three months in the aggregate. | ||
(3) A landlord may apply to the Controller for an order directing the | (3) A landlord may apply to the Controller for an order directing the | ||
tenant to put the landlord in possession | tenant to put the landlord in possession- | ||
(a) in the case of a residential building, if- | (a) in the case of a 1[residential and non-residential building], if- | ||
(i) he requires it for his own occupation : | (i) he requires it for his own occupation: | ||
Provided that he is not occupying another residential building owned by | Provided that he is not occupying another | ||
2[residential and non-residential building] owned by him | |||
Provided further that he has not vacated such a building without sufficient | in the urban area concerned: | ||
cause within five years of the filing of the application, in the said urban area; or | Provided further that he has not vacated such a | ||
(ii) it was let to the tenant for use as a residence by reason of his being in | building without sufficient cause within five years of the | ||
service or employment of the landlord, and the tenant has ceased, | filing of the application, in the said urban area; or | ||
whether before | (ii) it was let to the tenant for use as a residence by reason | ||
service or employment : | of his being in service or employment of the landlord, | ||
Provided that where the tenant is a workman who has been discharged or | and the tenant has ceased, whether before or after | ||
dismissed by the landlord from his service or employment in contravention of the | commencement of this Act, to be in such service or | ||
provisions of the Industrial Disputes Act, 1947 (14 of 947), he shall not be liable | employment: | ||
to be evicted until the competent authority under that Act confirms the order of | Provided that where the tenant is a workman | ||
who has been discharged or dismissed by the landlord | |||
from his service or employment in contravention of the | |||
provisions of the Industrial Disputes Act, 1947 (14 of | |||
947), he shall not be liable to be evicted until the | |||
competent authority under that Act confirms the order of | |||
discharge or dismissal made against him by the landlord; | discharge or dismissal made against him by the landlord; | ||
(iii) the landlord is a member of the Armed Forces of the Union of India | (iii) the landlord is a member of the Armed Forces of the | ||
and requires it for the occupation of his family and if he produces a | Union of India and requires it for the occupation of his | ||
certificate of the prescribed authority referred to in section 7 of the | family and if he produces a certificate of the prescribed | ||
Indian Soldiers (Litigation) Act, 1925, (4 of 1925) that he is serving | authority referred to in section 7 of the Indian Soldiers | ||
under special conditions within the meaning of section 3 of that Act | (Litigation) Act, 1925, (4 of 1925) that he is serving | ||
or is posted in a non-family station. | under special conditions within the meaning of section 3 | ||
Explanation-I.-For te purposes of this sub-clause- | |||
(1) the certificate of the prescribed authority shall be conclusive proof of | 1. Substituted for the words “residential building”. vide H.P. Act No. 8 of 2012. | ||
the fact that the landlord is serving under special conditions, or is posted | 2. Substituted for the words “residential building”. vide H.P. Act No. 8 of 2012. | ||
family station ; | 12 THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 | ||
(2) “family” means parents and such relation(s) of landlord as ordinarily | of that Act or is posted in a non-family station. | ||
reside with him and is/are dependent upon him ; | Explanation-I.- For te purposes of this sub-clause- | ||
(iv) the tenant has, whether before or after the commencement of this Act, | (1) the certificate of the prescribed authority shall be | ||
built or acquired vacant possession of or been allotted, a residence | conclusive proof of the fact that the landlord is | ||
serving under special conditions, or is posted in a | |||
non-family station; | |||
(2) “family” means parents and such relation(s) of | |||
(i) he requires it for his own use: | landlord as ordinarily reside with him and is/are | ||
Provided that he is not occupying in the urban area concerned any other | dependent upon him; | ||
rented land for the purpose of his business: | (iv) the tenant has, whether before or after the | ||
Provided further that he has not vacated such rented land without | commencement of this Act, built or acquired vacant | ||
sufficient cause within five years of the filing of the application in the | possession of or been allotted, a residence reasonably | ||
urban area concerned; | sufficient for his requirements | ||
(ii) he requires rented land for construction of residential or non | (b) in the case of rented land, if- | ||
residential building or for establishment of industry; | (i) he requires it for his own use: | ||
(iii) the tenant lets out his rented land to | Provided that he is not occupying in the urban area | ||
(c) in the case of any building or rented land, if he requires it to carry out | concerned any other rented land for the purpose of his | ||
any building work at the instance of the Government or local | business: | ||
authority or any Improvement Trust under some improvement or | Provided further that he has not vacated such rented | ||
development scheme or if it has become unsafe or unfit for human | land without sufficient cause within five years of the | ||
habitation or is required bona fide by him for carrying out repairs | filing of the application in the urban area concerned; | ||
which cannot be carded out without the building or rented land being | (ii) he requires rented land for construction of residential or | ||
non-residential building or for establishment of industry; | |||
him for the purpose of building or re-building or making thereto any | (iii) the tenant lets out his rented land to somebody else on | ||
substantial additions or alterations and that such building or re | higher rent; | ||
building or addition or alteration cannot be carried out without the | (c) in the case of any building or rented land, if he requires it to | ||
building or rented land being vacated | carry out any building work at the instance of the | ||
(d) in the case of | Government or local authority or any Improvement Trust | ||
office, or consulting room by his son who intends to start practice as a | under some improvement or development scheme or if it has | ||
lawyer, an architect, a dentist, an engineer, a veterinary surgeon or a | become unsafe or unfit for human habitation or is required | ||
medical practitioner, including a practitioner of Ayurvedic Unani or | bona fide by him for carrying out repairs which cannot be | ||
Homoeopathic System of Medicine or for the residence of his son | carded out without the building or rented land being vacated | ||
who is married, if | or that the building or rented land is required bona-fide by | ||
(i) his son as aforesaid is not occupying in the urban area concerned | him for the purpose of building or re-building or making | ||
any other building for use as office consulting room or residence, | thereto any substantial additions or alterations and that such | ||
as the case may be; and | building or re-building or addition or alteration cannot be | ||
(ii) his son as aforesaid has not vacated such a building without | carried out without the building or rented land being vacated: | ||
sufficient cause, after the commencement of this Act, in the | 1[Provided that the tenant evicted under this clause shall | ||
urban area concerned : | have the right to re-entry on new terms of tenancy, on the basis | ||
of mutual agreement between the landlord and the tenant, to the | |||
1. Provisos inserted vide H.P. Act No. 8 of 2012. | |||
THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 13 | |||
premises in the re-built building equivalent in area to the | |||
original premisses for which he was a tenant: | |||
Provided further that in case of non-residential premises, | |||
the landlord shall not compel the tenant for a change of business | |||
under the new terms of tenancy.] | |||
(d) in the case of 1[residential and non-residential building], if he | |||
requires it for use as an office, or consulting room by 2[his | |||
son or his daughter] who intends to start practice as a lawyer, | |||
an architect, a dentist, an engineer, a veterinary surgeon or a | |||
medical practitioner, including a practitioner of Ayurvedic | |||
Unani or Homoeopathic System of Medicine or for the | |||
residence of his son who is married, if- | |||
(i) his son as aforesaid is not occupying in the urban area | |||
concerned any other building for use as office consulting | |||
room or residence, as the case may be; and | |||
(ii) his son as aforesaid has not vacated such a building | |||
without sufficient cause, after the commencement of this | |||
Act, in the urban area concerned: | |||
Provided that where the tenancy is for a specified period, agreed upon | Provided that where the tenancy is for a specified period, agreed upon | ||
between the landlord and the tenant, the landlord shall not be entitled to apply | between the landlord and the tenant, the landlord shall not be entitled to apply | ||
under this sub-section before the expiry of such period: | under this sub-section before the expiry of such period: | ||
Provided further that where the landlord has obtained possession of any | Provided further that where the landlord has obtained possession of | ||
building or rented land under the provisions of clause (a) or clause (b), he shall not | any building or rented land under the provisions of clause (a) or clause (b), he | ||
be entitled to apply again under the said clause for the possession of any other | shall not be entitled to apply again under the said clause for the possession of | ||
building of the same class or rented land: | any other building of the same class or rented land: | ||
Provided further that where a landlord has obtained possession of any | Provided further that where a landlord has obtained possession of any | ||
building under the provisions of clause (d), he shall not be entitled to apply again | building under the provisions of clause (d), he shall not be entitled to apply | ||
again under the said clause for the use of, or for the residence of the same son, | |||
as the case may be. | |||
case may be. | (4) The Controller shall, if he is satisfied that the claim of the landlord | ||
(4) The Controller shall, if he is satisfied that the claim of the landlord is | is bonafide, make an order directing the tenant to put the landlord in | ||
bonafide, make an order directing the tenant to put the landlord in possession of | possession of the building or rented land on such date as may be specified by | ||
the building or rented land on such date as may be specified by the Controller and | the Controller and if the Controller is not so satisfied he shall make an order | ||
if the Controller is not so satisfied he shall make an order rejecting the application: | rejecting the application: | ||
Provided that the Controller may give the tenant a reasonable time for | Provided that the Controller may give the tenant a reasonable time for | ||
putting the landlord in possession of the building or rented land and may extend | putting the landlord in possession of the building or rented land and may | ||
such time not exceeding three months in the aggregate. | extend such time not exceeding three months in the aggregate. | ||
(5) Where a landlord who has obtained possession of the building or | (5) Where a landlord who has obtained possession of the building or | ||
rented land in pursuance of an order under sub-section (3) does not occupy it | rented land in pursuance of an order under sub-section (3) does not occupy it | ||
himself or if possession was obtained by him for his family in pursuance of an | himself or if possession was obtained by him for his family in pursuance of an | ||
order under sub-clause (iii) of clause (a) of sub-section. (3), his family does not | |||
occupy the residential building, or if possession was obtained by him on behalf of | 1. Substituted for the words “residential building”. vide Act No. 8 of 2012. | ||
his son in pursuance of an order under clause (d) of sub-section (3) his son does | 2. Substituted for the words “his son” vide H.P. Act No. 8 of 2012. | ||
not occupy it for the purpose for which the possession was obtained, for a | 14 | ||
THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 | |||
possession was obtained under sub-section (2) of section 15 he does not occupy it | order under sub-clause (iii) of clause (a) of sub-section. (3), his family does | ||
for personal use for a continuous period | not occupy the residential building, or if possession was obtained by him on | ||
possession or where a landlord who has obtained possession of a building under | behalf of 1[his son or his daughter] in pursuance of an order under clause (d) | ||
clause (c) of sub | of sub-section (3) 2[his son or his daughter] does not occupy it for the purpose | ||
it was obtained or lets it out to any tenant other than the tenant evicted from it, the | for which the possession was obtained, for a continuous period of twelve | ||
tenant who has been evicted may apply to the Controller for an order directing that | months from the date of obtaining possession or if possession was obtained | ||
he shall be restored to possession of such building or rented land and the | under sub-section (2) of section 15 he does not occupy it for personal use for a | ||
continuous period of 3 months from the date of obtaining possession or where | |||
a landlord who has obtained possession of a building under clause (c) of sub | |||
section (3) puts that building to any use other than that for which it was | |||
obtained or lets it out to any tenant other than the tenant evicted from it, the | |||
tenant who has been evicted may apply to the Controller for an order directing | |||
that he shall be restored to possession of such building or rented land and the | |||
Controller shall make an order accordingly. | Controller shall make an order accordingly. | ||
(6) Where a landlord has acquired any premises by transfer, no | (6) Where a landlord has acquired any premises by transfer, no | ||
application for the recovery of possession of such premises shall be made under | application for the recovery of possession of such premises shall be made | ||
this section on the ground specified in sub-clause (i) of clause (a) of sub-section | under this section on the ground specified in sub-clause (i) of clause (a) of | ||
(3) unless a period of five years has elapsed from the date of such acquisition. | sub-section (3) unless a period of five years has elapsed from the date of such | ||
acquisition. | |||
(7) Where the Controller is satisfied that any application made by a | (7) Where the Controller is satisfied that any application made by a | ||
landlord for the eviction of a tenant is frivolous or vexatious, the Controller may | landlord for the eviction of a tenant is frivolous or vexatious, the Controller | ||
direct that compensation not exceeding five hundred rupees be paid by the such | may direct that compensation not exceeding five hundred rupees be paid by | ||
landlord to the tenant. | the such landlord to the tenant. | ||
==Section 15== | ==Section 15== | ||
Right to recover immediate possession of premises to certain | Right to recover immediate possession of premises to certain | ||
persons.-(1) Where a person who being in occupation of any residential premises | persons.- (1) Where a person who being in occupation of any residential | ||
allotted to him by the Central Government, the State Government | premises allotted to him by the Central Government, the State Government or | ||
authority is required by, or in pursuance of any general or special order made by | any local authority is required by, or in pursuance of any general or special | ||
the Central or State Government or local authority, as the case may be, to vacate | order made by the Central or State Government or local authority, as the case | ||
such residential accommodation, or in default, to incur certain obligations, on the | may be, to vacate such residential accommodation, or in default, to incur | ||
ground that he or his spouse or dependent child owns, within the urban area, | certain obligations, on the ground that he or his spouse or dependent child | ||
residential accommodation there shall accrue, on and from the date of such order, | owns, within the urban area, residential accommodation there shall accrue, on | ||
to such a person notwithstanding anything contained elsewhere in this Act or in | and from the date of such order, to such a person notwithstanding anything | ||
any other law for the time being in force or in any contract (whether express or | contained elsewhere in this Act or in any other law for the time being in force | ||
implied), custom or usage to the contrary, a right to recover immediate the | or in any contract (whether express or implied), custom or usage to the | ||
possession of any premises let out by him: | contrary, a right to recover immediate the possession of any premises let out | ||
by him: | |||
Provided that nothing in this section shall be construed as conferring a | |||
right on the person, who himself or whose spouse or dependent child owns, within | right on the person, who himself or whose spouse or dependent child owns, | ||
the urban area, two or more dwelling houses, to recover the possession of more | within the urban area, two or more dwelling houses, to recover the possession | ||
than one dwelling house, and it shall be lawful for such person to indicate the | of more than one dwelling house, and it shall be lawful for such person to | ||
dwelling house, the possession of which he intends to recover, | indicate the dwelling house, the possession of which he intends to recover, | ||
(2) Where a specified landlord, at any time within one year prior to or | (2) Where a specified landlord, at any time within one year prior to or | ||
within one year after the date of his retirement or after his retirement but within | within one year after the date of his retirement or after his retirement but | ||
one year of the appointed day whichever is later, applies to the Controller along | 1. Substituted for the words “his son” vide H.P. Act No. 8 of 2012. | ||
with a certificate from the authority competent to remove him from service | 2. Substituted for the words “his son” vide H.P. Act No. 8 of 2012. | ||
indicating the date of his retirement and his affidavit to the effect that he or his | THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 | ||
spouse does not own and posses any other suitable accommodation in the local | 15 | ||
area in which he intends to reside or to start his own business, to recover | within one year of the appointed day whichever is later, applies to the | ||
possession of one residential building for his own occupation, there shall accrue, | Controller along with a certificate from the authority competent to remove | ||
on and from the date to such application to such specified landlord, | him from service indicating the date of his retirement and his affidavit to the | ||
notwithstanding anything contained elsewhere in this Act or in any other law for | effect that he or his spouse does not own and posses any other suitable | ||
the time being in force or in any contract (whether expressed or implied), custom | accommodation in the local area in which he intends to reside or to start his | ||
or usage to the contrary a right to recover immediate possession of such | own business, to recover possession of one residential building for his own | ||
residential building or any part or parts of such building if it is let out in part or | occupation, there shall accrue, on and from the date to such application to | ||
parts: | such specified landlord, notwithstanding anything contained elsewhere in this | ||
Act or in any other law for the time being in force or in any contract (whether | |||
expressed or implied), custom or usage to the contrary a right to recover | |||
immediate possession of such residential building or any part or parts of such | |||
building if it is let out in part or parts: | |||
Provided that in case of death of the specified landlord, the widow or | Provided that in case of death of the specified landlord, the widow or | ||
widower of such specified landlord and. in the case of death of such widow | widower of such specified landlord and. in the case of death of such widow or | ||
widower, mother or father or a child or a grandchild or a widowed daughter- | widower, mother or father or a child or a grandchild or a widowed daughter | ||
law who was dependent upon such specified landlord at the time of his death shall | in-law who was dependent upon such specified landlord at the time of his | ||
be entitled to make an application under this section to the Controller,- | death shall be entitled to make an application under this section to the | ||
(a) in the case of death of such specified landlord before the appointed | Controller,- | ||
day, within one year of the said day; | (a) in the case of death of such specified landlord before the | ||
(b) in the case of death of such specified landlord after the appointed day, | appointed day, within one year of the said day; | ||
but before the date of his retirement, within one year of the date of his | (b) in the case of death of such specified landlord after the | ||
death ; | appointed day, but before the date of his retirement, within | ||
(c) in the case of death of such specified landlord after the appointed day | one year of the date of his death; | ||
and the date of his retirement, within one year of the date of such | (c) | ||
retirement ; | in the case of death of such specified landlord after the | ||
appointed day and the date of his retirement, within one year | |||
of the date of such retirement; | |||
and on the date of such application the right to recover the possession of the | and on the date of such application the right to recover the possession of the | ||
residential building which belongs to such specified landlord or his spouse at the | residential building which belongs to such specified landlord or his spouse at | ||
time of his death shall accrue to the applicant: | the time of his death shall accrue to the applicant: | ||
Provided further that nothing in this section shall be so construed as | Provided further that nothing in this section shall be so construed as | ||
conferring a right, on any person to recover possession of more than one | conferring a right, on any person to recover possession of more than one | ||
residential building inclusive of any pans thereof if it is let out in part or parts: | residential building inclusive of any pans thereof if it is let out in part or parts: | ||
Provided further that the | Provided further that the Controller may give the tenant a reasonable | ||
for putting the specified landlord or, as the case may be, the widow, widower, | time for putting the specified landlord or, as the case may be, the widow, | ||
widower grandchild or | widower, widower grandchild or widowed daughter-in-law in possession of | ||
building and may extend such time not exceeding three months in the aggregate | the residential building and may extend such time not exceeding three months | ||
Explanation.-For the purposes of this section, the expression | in the aggregate | ||
Explanation.- For the purposes of this section, the expression | |||
“retirement” includes the voluntary retirement but does not include | |||
dismissal from service. | resignation, discharge or dismissal from service. | ||
(3) Notwithstanding anything contained elsewhere in this Act, or in any | (3) Notwithstanding anything contained elsewhere in this Act, or in | ||
other law for the time being in force or in any contract, custom or usage to the | any other law for the time being in force or in any contract, custom or usage to | ||
contrary where the landlord exercises the right of recovery conferred on him by | the contrary where the landlord exercises the right of recovery conferred on | ||
this Act, no compensation shall be payable by him to the tenant or any person | him by this Act, no compensation shall be payable by him to the tenant or any | ||
claiming through or under him and no claim for such compensation shall be | 16 | ||
entertained by any court, tribunal or other authority: | THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 | ||
person claiming through or under him and no claim for such compensation | |||
shall be entertained by any court, tribunal or other authority: | |||
Provided that where the landlord had received,- | Provided that where the landlord had received,- | ||
(a) any rent in advance from the tenant, he shall, within a period of ninety | (a) | ||
days from the date of recovery of the possession of premises by him, | any rent in advance from the tenant, he shall, within a period | ||
refund to the tenant such amount as represents the rent payable for the | of ninety days from the date of recovery of the possession of | ||
un-expired portion of the contract, agreement or lease; | premises by him, refund to the tenant such amount as | ||
(b) any other payment, he shall, within the period aforesaid, refunded to | represents the rent payable for the un-expired portion of the | ||
the tenant a sum which shall bear the same proportion to the total | contract, agreement or lease; | ||
amount so received, as the un-expired portion of the contract or | (b) any other payment, he shall, within the period aforesaid, | ||
agreement, or lease bears to the total period of contract or agreement | refunded to the tenant a sum which shall bear the same | ||
of lease : | proportion to the total amount so received, as the un-expired | ||
portion of the contract or agreement, or lease bears to the total | |||
period of contract or agreement of lease: | |||
Provided further that, if any default is made in making any refund as | Provided further that, if any default is made in making any refund as | ||
aforesaid, the landlord shall be liable to pay simple interest at the rate of nine per | aforesaid, the landlord shall be liable to pay simple interest at the rate of nine | ||
cent per annum. | per cent per annum. | ||
==Section 16== | ==Section 16== | ||
Special procedure for the disposal of applications for eviction | |||
the ground of | on the ground of bonafide requirement under section 14(3) (a) (iii) and | ||
15.-(1) Every application by a | section 15.- (1) Every application by a landlord for the recovery of possession | ||
premises under sub-clause (iii) of clause (a) of sub-section (3) of section 14 or | of any premises under sub-clause (iii) of clause (a) of sub-section (3) of | ||
section 15 shall be dealt with in accordance with the procedure specified in this | section 14 or section 15 shall be dealt with in accordance with the procedure | ||
section. | specified in this section. | ||
(2) After an application under sub-clause (iii) of clause (a) of sub | (2) After an application under sub-clause (iii) of clause (a) of sub | ||
(3) of section 14 or section 15 is received, the Controller shall issue summons, in | section (3) of section 14 or section 15 is received, the Controller shall issue | ||
relation to every application referred to in sub-section (1), in the form specified in | summons, in relation to every application referred to in sub-section (1), in the | ||
Schedule-II. | form specified in Schedule-II. | ||
(3) (a) The Controller shall in addition to and simultaneously with the | (3) (a) The Controller shall in addition to and simultaneously with the | ||
issue of summons for service on the tenant also direct the summons to be served | issue of summons for service on the tenant also direct the summons to be | ||
by registered post, acknowledgement due, addressed to the tenant or his agent | served by registered post, acknowledgement due, addressed to the tenant or | ||
empowered to accept the service at the place where the tenant or his agent actually | his agent empowered to accept the service at the place where the tenant or his | ||
and voluntarily resides or carries on business or personally works for gain and | agent actually and voluntarily resides or carries on business or personally | ||
may, if the circumstances of the case so require also direct the publication of the | works for gain and may, if the circumstances of the case so require also direct | ||
summons in a newspaper circulating in the locality in which the tenant is last | the publication of the summons in a newspaper circulating in the locality in | ||
known to have resided or carried on business or personally worked for gain. | which the tenant is last known to have resided or carried on business or | ||
(b) When an acknowledgement purporting to be signed by the tenant or | personally worked for gain. | ||
his agent is received by the Controller or the registered article containing the | (b) When an acknowledgement purporting to be signed by the tenant | ||
summons is received back with an endorsement purporting to have been made by | or his agent is received by the Controller or the registered article containing | ||
a postal employee to the effect that the tenant or his agent had refused to take | the summons is received back with an endorsement purporting to have been | ||
delivery of the registered article, the Controller, after such inquiry as he deems fit, | made by a postal employee to the effect that the tenant or his agent had | ||
refused to take delivery of the registered article, the Controller, after such | |||
inquiry as he deems fit, is satisfied about the correctness of the endorsement, | |||
been a valid service of summons on the tenant. | he may declare that there has been a valid service of summons on the tenant. | ||
(4) The tenant on whom the summons is duly served (whether in the | (4) The tenant on whom the summons is duly served (whether in the | ||
ordinary way or by registered post) in the form specified in Schedule-II shall not | ordinary way or by registered post) in the form specified in Schedule-II shall | ||
contest the prayer for eviction from the premises unless he files an affidavit | THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 | ||
stating the grounds on which he seeks to contest the application for eviction and | 17 | ||
obtains leave from the Controller as hereinafter provided; and in default of his | not contest the prayer for eviction from the premises unless he files an | ||
appearance in pursuance of the summons or his obtaining such leave, the | affidavit stating the grounds on which he seeks to contest the application for | ||
statement made by the landlord or by the specified landlord, or as the case may be, | eviction and obtains leave from the Controller as hereinafter provided; and in | ||
the widow, widower, child, grandchild or widowed daughter | default of his appearance in pursuance of the summons or his obtaining such | ||
specified landlord in the application for eviction shall be deemed to be admitted | leave, the statement made by the landlord or by the specified landlord, or as | ||
by the tenant and the applicant shall be entitled to an order for eviction on the | the case may be, the widow, widower, child, grandchild or widowed daughter | ||
ground aforesaid. | in-law of such specified landlord in the application for eviction shall be | ||
(5) The Controller shall give to the tenant leave to contest the application | deemed to be admitted by the tenant and the applicant shall be entitled to an | ||
if the affidavit filed by the tenant discloses such fact as would disentitle the | order for eviction on the ground aforesaid. | ||
landlord or the specified landlord or, as the case may be, the widow, widower, | (5) The Controller shall give to the tenant leave to contest the | ||
child, grandchild or widowed daughter-in-law of such specified landlord from | application if the affidavit filed by the tenant discloses such fact as would | ||
obtaining an order for the recovery of possession of the premises of the ground | disentitle the landlord or the specified landlord or, as the case may be, the | ||
specified in sub-clause (iii) of clause (a) of sub | widow, widower, child, grandchild or widowed daughter-in-law of such | ||
section 15. | specified landlord from obtaining an order for the recovery of possession of | ||
the premises of the ground specified in sub-clause (iii) of clause (a) of sub | |||
section (3) of section 14 or in section 15. | |||
(6) Where leave is granted to the tenant to contest the application, the | (6) Where leave is granted to the tenant to contest the application, the | ||
Controller shall commence the hearing of the application as early as practicable. | Controller shall commence the hearing of the application as early as | ||
(7) Notwithstanding anything contained in section 14, the Controller shall, | practicable. | ||
while holding an enquiry in a proceeding, follow the practice and procedure of a | (7) Notwithstanding anything contained in section 14, the Controller | ||
Court of Small Causes, including the recording of evidence. | shall, while holding an enquiry in a proceeding, follow the practice and | ||
(8) No appeal or second appeal shall lie against an order for the recovery | procedure of a Court of Small Causes, including the recording of evidence. | ||
of possession of any premises made by the Controller in accordance with the | (8) No appeal or second appeal shall lie against an order for the | ||
procedure specified in this section: | recovery of possession of any premises made by the Controller in accordance | ||
Provided that the High Court may, for the purposes of satisfying itself that | with the procedure specified in this section: | ||
an order made by the Controller under this section is according to law, call for the | Provided that the High Court may, for the purposes of satisfying itself | ||
records of the case and pass such orders in respect, thereto as it thinks fit. | that an order made by the Controller under this section is according to law, | ||
(9) Where no application for revision has been made to the High Court, | call for the records of the case and pass such orders in respect, thereto as it | ||
the Controller may exercise the powers of review in accordance with the provision | thinks fit. | ||
of Order | (9) Where no application for revision has been made to the High | ||
1908). | Court, the Controller may exercise the powers of review in accordance with | ||
the provision of Order XLVII(of the First Schedule to the Code of Civil | |||
Procedure, 1908 (5 of 1908). | |||
(10) Save as otherwise provided in this section, the procedure for the | (10) Save as otherwise provided in this section, the procedure for the | ||
disposal of an application for eviction on the ground specified in sub-clause (iii) | disposal of an application for eviction on the ground specified in sub-clause | ||
of clause (a) of sub-section (3) of section 14 or in section 15 shall be the same as | (iii) of clause (a) of sub-section (3) of section 14 or in section 15 shall be the | ||
the procedure for the disposal of applications by the Controller. | same as the procedure for the disposal of applications by the Controller. | ||
==Section 17== | ==Section 17== | ||
Recovery of possession in case of tenancies for limited period.- | |||
Where a landlord does not require the whole or any part of any premises for a | Where a landlord does not require the whole or any part of any premises for a | ||
particular period, and the landlord, after obtaining the permission of the Controller | particular period, and the landlord, after obtaining the permission of the | ||
in the prescribed manner, lets the whole of the premises or part thereof as | Controller in the prescribed manner, lets the whole of the premises or part | ||
thereof as residence for such period as may be agreed to in writing between | |||
the landlord and the tenant and the tenant does not, on the expiry of the said | |||
the tenant and the tenant does not, on the expiry of the said period, vacate such | period, vacate such premises, then, notwithstanding anything contained in | ||
premises, then, notwithstanding anything contained in section 14 or in | 18 | ||
law, the Controller may, on any application made to him in this behalf the | THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 | ||
landlord within such time as may be prescribed, place the landlord in vacant | section 14 or in another law, the Controller may, on any application made to | ||
possession of the premises or part thereof by evicting the tenant and every other | him in this behalf the landlord within such time as may be prescribed, place | ||
person who may be in occupation of such premises. | the landlord in vacant possession of the premises or part thereof by evicting | ||
the tenant and every other person who may be in occupation of such premises. | |||
==Section 18== | ==Section 18== | ||
Decisions which have become final not to be reopened.- The | Decisions which have become final not to be reopened.- The | ||
Line 639: | Line 702: | ||
decided in a former proceeding under this Act. | decided in a former proceeding under this Act. | ||
==Section 19== | ==Section 19== | ||
. Leases of vacant buildings.- Whenever any building which was | |||
constructed before the commencement of this Act, and was being let out to tenants | constructed before the commencement of this Act, and was being let out to | ||
remains vacant for a period of twelve months, the Controller may on receipt of | tenants remains vacant for a period of twelve months, the Controller may on | ||
any application from a person serve the landlord a notice informing him that he | receipt of any application from a person serve the landlord a notice informing | ||
should show cause why the vacant building be not let out to a tenant, who will pay | him that he should show cause why the vacant building be not let out to a | ||
fair rent to the landlord. On hearing the landlord, the Controller may, on such | tenant, who will pay fair rent to the landlord. On hearing the landlord, the | ||
terms on which the building was being let out, lease the same to a person who has | Controller may, on such terms on which the building was being let out, lease | ||
in his occupation no other building either as an owner or as a tenant. | the same to a person who has in his occupation no other building either as an | ||
owner or as a tenant. | |||
==Section 20== | ==Section 20== | ||
Receipt to be given for rent paid.-(1) Every tenant shall pay rent | Receipt to be given for rent paid.- (1) Every tenant shall pay | ||
within the time fixed by contract or in the absence of such contract, by the | rent within the time fixed by contract or in the absence of such contract, by | ||
fifteenth day of the month next following the month for which it is payable. | the fifteenth day of the month next following the month for which it is | ||
payable. | |||
(2) Every tenant who makes payment of rent to his landlord shall be | (2) Every tenant who makes payment of rent to his landlord shall be | ||
entitled to obtain forthwith from the landlord or his authorised agent a written | entitled to obtain forthwith from the landlord or his authorised agent a written | ||
receipt for the amount paid to him duly signed by the landlord or his authorised | receipt for the amount paid to him duly signed by the landlord or his | ||
agent. | authorised agent. | ||
(3) If the landlord or his authorised agent refuses or neglects to deliver to | (3) If the landlord or his authorised agent refuses or neglects to | ||
the tenant a receipt referred to in sub-section (2), the Controller may, on an | deliver to the tenant a receipt referred to in sub-section (2), the Controller | ||
application made to him in this behalf by the tenant within two months from the | may, on an application made to him in this behalf by the tenant within two | ||
date of payment and after hearing the landlord or his authorised agent, by order, | months from the date of payment and after hearing the landlord or his | ||
direct the landlord or his authorised agent to pay to the tenant, by way of damages, | authorised agent, by order, direct the landlord or his authorised agent to pay to | ||
such sum not exceeding double the amount of rent paid by the tenant and the costs | the tenant, by way of damages, such sum not exceeding double the amount of | ||
of the application and shall also grant a certificate to the tenant in respect of the | rent paid by the tenant and the costs of the application and shall also grant a | ||
rent paid. | certificate to the tenant in respect of the rent paid. | ||
==Section 21== | ==Section 21== | ||
Deposit of | Deposit of rent by the tenant.- (l) Where the landlord does not | ||
any rent tendered by the tenant within the time referred to in section 20 or refuses | accept any rent tendered by the tenant within the time referred to in section 20 | ||
or neglects to deliver a receipt referred to therein or where there is a bona fide | or refuses or neglects to deliver a receipt referred to therein or where there is a | ||
doubt as to the person or persons to whom the rent is payable, the tenant may | bona fide doubt as to the person or persons to whom the rent is payable, the | ||
deposit such rent with the Controller in the prescribed manner. | tenant may deposit such rent with the Controller in the prescribed manner. | ||
(2) The deposit shall be accompanied by an application by the tenant | (2) The deposit shall be accompanied by an application by the tenant | ||
containing the following particulars, namely: | containing the following particulars, namely: | ||
(a) the building or rented land for which the rent is deposited with a | (a) the building or rented land for which the rent is deposited | ||
description sufficient for identifying the building or rented land ; | with a description sufficient for identifying the building or | ||
(b) the period for which the rent is deposited ; | rented land; | ||
(b) the period for which the rent is deposited; | |||
THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 | |||
entitled to such rent ; and | 19 | ||
(d) such other particulars as may be prescribed. | (c) the name and address of the landlord or the persons claiming | ||
(3) On such deposit of the rent being made, the Controller shall send in | to be entitled to such rent; and | ||
the prescribed manner a copy or copies of the application to the landlord or | (d) such other particulars as may be prescribed. | ||
persons claiming to be entitled to the rent with an endorsement of the date of the | (3) On such deposit of the rent being made, the Controller shall send | ||
deposit. | in the prescribed manner a copy or copies of the application to the landlord or | ||
(4) If an application is made for the withdrawal of any deposit of rent, the | persons claiming to be entitled to the rent with an endorsement of the date of | ||
Controller shall, if satisfied that the applicant is the person entitled to receive the | the deposit. | ||
rent deposited, order the amount of the rent to be paid to him in the manner | (4) If an application is made for the withdrawal of any deposit of rent, | ||
prescribed: | the Controller shall, if satisfied that the applicant is the person entitled to | ||
Provided that no order for payment of any deposit of rent shall be made | receive the rent deposited, order the amount of the rent to be paid to him in the | ||
by the Controller under this sub-section without giving all persons named by the | manner prescribed: | ||
tenant in his application under sub-section (2) as claiming to be entitled to the | Provided that no order for payment of any deposit of rent shall be | ||
payment of such rent an opportunity of being heard and such order shall be | made by the Controller under this sub-section without giving all persons | ||
without prejudice to the rights of such persons to receive such rent being decided | named by the tenant in his application under sub-section (2) as claiming to be | ||
by a court of competent jurisdiction. | entitled to the payment of such rent an opportunity of being heard and such | ||
(5) If at the time of filing the application under sub-section (4), but not | order shall be without prejudice to the rights of such persons to receive such | ||
after the expiry of thirty days from receiving the notice of deposit, the landlord or | rent being decided by a court of competent jurisdiction. | ||
the person or persons claiming to be entitled to the rent complains to the | (5) If at the time of filing the application under sub-section (4), but | ||
Controller that the statements in the tenant's application of the reasons and | not after the expiry of thirty days from receiving the notice of deposit, the | ||
circumstances which led him to deposit the rent are untrue, the Controller, after | landlord or the person or persons claiming to be entitled to the rent complains | ||
giving the tenant an opportunity of being heard, may levy on the tenant a fine | to the Controller that the statements in the tenant's application of the reasons | ||
which may extend to an amount equal to two months rent, if the Controller is | and circumstances which led him to deposit the rent are untrue, the Controller, | ||
satisfied that the said statements Were materially untrue and may order that a sum | after giving the tenant an opportunity of being heard, may levy on the tenant a | ||
out of the fine realised be paid to the landlord as compensation. | fine which may extend to an amount equal to two months' rent, if the | ||
(6) The Controller may, on the complaint of the tenant and after giving an | Controller is satisfied that the said statements Were materially untrue and may | ||
opportunity to the landlord of being heard, levy on the landlord a fine which may | order that a sum out of the fine realised be paid to the landlord as | ||
extend to an amount equal to two | compensation. | ||
landlord, without any reasonable cause, refused to accept rent though tendered to | (6) The Controller may, on the complaint of the tenant and after | ||
him within the time referred to in section 20 and may further order that a sum out | giving an opportunity to the landlord of being heard, levy on the landlord a | ||
of fine realised be paid to the tenant as compensation. | fine which may extend to an amount equal to two months’ rent, if the | ||
Controller is satisfied that the landlord, without any reasonable cause, refused | |||
to accept rent though tendered to him within the time referred to in section 20 | |||
and may further order that a sum out of fine realised be paid to the tenant as | |||
compensation. | |||
==Section 22== | ==Section 22== | ||
2. Time limit for making deposit and consequences of incorrect | |||
particulars in application for deposit.-(1) No rent deposited under section 21 | particulars in application for deposit.- (1) No rent deposited under section | ||
shall be considered to have been validly deposited under that section, unless the | 21 shall be considered to have been validly deposited under that section, | ||
deposit is made within twenty-one days of the time referred to in section 20 for | unless the deposit is made within twenty-one days of the time referred to in | ||
payment of the rent. | section 20 for payment of the rent. | ||
(2) No such deposit shall be considered to have been validly made, if the | (2) No such deposit shall be considered to have been validly made, if | ||
tenant | the tenant willfully makes any false statement in his application for depositing | ||
unless the landlord had withdrawn the amount deposited before the date of filing | the rent, unless the landlord had withdrawn the amount deposited before the | ||
an application for the recovery of possession of the building or rented land from | date of filing an application for the recovery of possession of the building or | ||
the tenant. | rented land from the tenant. | ||
20 | |||
THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 | |||
(3) If the rent is deposited within the time mentioned in sub-section (l) | (3) If the rent is deposited within the time mentioned in sub-section (l) | ||
and does not cease to be a valid deposit for the reason mentioned in sub | and does not cease to be a valid deposit for the reason mentioned in sub | ||
section (2), the deposit shall constitute payment of rent to the landlord as if the | |||
amount deposited had been validly tendered. | |||
deposited had been validly tendered. | |||
==Section 23== | ==Section 23== | ||
. Savings to acceptance of rent and forfeiture of rent in deposit.- | |||
The withdrawal of rent deposited under section 21 in the manner provided therein | (1) The withdrawal of rent deposited under section 21 in the manner provided | ||
shall not operate as an admission against the person | therein shall not operate as an admission against the person withdrawing it of | ||
correctness of the rate of rent, the period of default, the amount due, or of any | the correctness of the rate of rent, the period of default, the amount due, or of | ||
other facts stated in the tenant's application for depositing the rent under the said | any other facts stated in the tenant's application for depositing the rent under | ||
section. | the said section. | ||
(2) Any rent in deposit which is not withdrawn by the landlord or by the | (2) Any rent in deposit which is not withdrawn by the landlord or by | ||
person or persons entitled to receive such rent shall be forfeited to Government by | the person or persons entitled to receive such rent shall be forfeited to | ||
an order made by the Controller, if it is not withdrawn before the expiration of | Government by an order made by the Controller, if it is not withdrawn before | ||
five years from the date of posting of the notice of deposit. | the expiration of five years from the date of posting of the notice of deposit. | ||
(3) Before passing an order of forfeiture, the Controller shall give notice | (3) Before passing an order of forfeiture, the Controller shall give | ||
to the landlord or the person or persons entitled to receive the rent in deposit by | notice to the landlord or the person or persons entitled to receive the rent in | ||
registered post at the last known address of such landlord of person or persons and | deposit by registered post at the last known address of such landlord of person | ||
shall also publish the notice in his office and in any local newspaper | or persons and shall also publish the notice in his office and in any local | ||
newspaper. | |||
==Section 24== | ==Section 24== | ||
Vesting of appellate authority on officers by State | |||
(1) (a) The State Government may, by a general or special order, by notification, | Government.- (1) (a) The State Government may, by a general or special | ||
confer on such officers and authorities, as it thinks fit, the powers of appellate | order, by notification, confer on such officers and authorities, as it thinks fit, | ||
authorities for the purposes of this Act, in such area or in such classes of cases as | the powers of appellate authorities for the purposes of this Act, in such area or | ||
may be specified in the order. | in such classes of cases as may be specified in the order. | ||
(b) Save as otherwise provided in this Act, any person aggrieved by an | (b) Save as otherwise provided in this Act, any person aggrieved by | ||
order passed by the Controller, except the orders for the recovery of possession | an order passed by the Controller, except the orders for the recovery of | ||
made by the Controller in accordance with the procedure prescribed under section | possession made by the Controller in accordance with the procedure | ||
16, may, within fifteen days from the date of such order or such longer period as | prescribed under section 16, may, within fifteen days from the date of such | ||
the appellate authority may allow for reasons to be recorded in writing, prefer an | order or such longer period as the appellate authority may allow for reasons to | ||
appeal in writing to the appellate authority having jurisdiction. (In computing the | be recorded in writing, prefer an appeal in writing to the appellate authority | ||
period of fifteen days, the time taken to obtain a certified copy of the order | having jurisdiction. (In computing the period of fifteen days, the time taken to | ||
appealed against shall be excluded). | obtain a certified copy of the order appealed against shall be excluded). | ||
(2) On such appeal being preferred, the appellate authority may order stay | (2) On such appeal being preferred, the appellate authority may order | ||
of further proceedings in the matter pending decision on the appeal. | stay of further proceedings in the matter pending decision on the appeal. | ||
(3) The appellate authority shall decide the appeal after sending for the | (3) The appellate authority shall decide the appeal after sending for | ||
records of the case from the Controller and after giving the parties an opportunity | the records of the case from the Controller and after giving the parties an | ||
of being heard and, if necessary, after making such further inquiry as it thinks fit | opportunity of being heard and, if necessary, after making such further inquiry | ||
either personally or through the Controller. | as it thinks fit either personally or through the Controller. | ||
(4) The decision of the appellate authority and subject only to such | (4) The decision of the appellate authority and subject only to such | ||
decision, an order, of the Controller shall be final and shall not be liable to be | decision, an order, of the Controller shall be final and shall not be liable to be | ||
called in question in any court of law except as provided in sub-section (5) of this | called in question in any court of law except as provided in sub-section (5) of | ||
section. | this section. | ||
(5) The High Court may, at any time, on the application of any aggrieved | (5) The High Court may, at any time, on the application of any | ||
party or on its own motion call for and examine the records relating to any order | aggrieved party or on its own motion call for and examine the records relating | ||
passed or proceedings taken under this | THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 | ||
to the legality or propriety of such order or proceedings and may pass such order | 21 | ||
in relation thereto as it may deem fit. | to any order passed or proceedings taken under this Act for the purpose of | ||
satisfying itself as to the legality or propriety of such order or proceedings and | |||
may pass such order in relation thereto as it may deem fit. | |||
==Section 25== | ==Section 25== | ||
Power to summon and enforce attendance of witnesses.-For the | Power to summon and enforce attendance of witnesses.- For | ||
purposes of this Act, an appellate authority or a Controller appointed under this | the purposes of this Act, an appellate authority or a Controller appointed | ||
Act shall have the same powers of summoning and enforcing the attendance of | under this Act shall have the same powers of summoning and enforcing the | ||
witnesses and compelling the production of evidence as are vested in a court | attendance of witnesses and compelling the production of evidence as are | ||
under the Code of Civil Procedure, 1908 (5 of 1908). | vested in a court under the Code of Civil Procedure, 1908 (5 of 1908). | ||
==Section 26== | ==Section 26== | ||
Execution of orders.-Save as otherwise provided in section. 31, any | Execution of orders.- Save as otherwise provided in section. 31, | ||
order made by the Controller or an order passed on appeal under this Act, shall be | any order made by the Controller or an order passed on appeal under this Act, | ||
executable by the Controller as a decree of a civil court and for this purpose, the | shall be executable by the Controller as a decree of a civil court and for this | ||
Controller shall have all the powers of a civil court. | purpose, the Controller shall have all the powers of a civil court. | ||
==Section 27== | ==Section 27== | ||
Institution and disposal of applications.- (1) Where there are | |||
more Controllers appointed at the same station to exercise jurisdiction under this | two or more Controllers appointed at the same station to exercise jurisdiction | ||
Act, in the same territory, it shall be the senior-most (in service) of such | under this Act, in the same territory, it shall be the senior-most (in service) of | ||
Controllers who alone shall be competent initially to entertain all applications and | such Controllers who alone shall be competent initially to entertain all | ||
proceedings under this Act. | applications and proceedings under this Act. | ||
(2) The Controller competent to entertain applications and proceedings | (2) The Controller competent to entertain applications and | ||
under this Act under sub-section (1) may transfer any such proceedings or | proceedings under this Act under sub-section (1) may transfer any such | ||
applications pending before him for disposal to any other | proceedings or applications pending before him for disposal to any other | ||
jurisdiction. | Controller of competent jurisdiction. | ||
==Section 28== | ==Section 28== | ||
Power to transfer proceedings.-(l) The High Court may, on an | Power to transfer proceedings.- (l) The High Court may, on an | ||
application made to it or otherwise by order, transfer any proceeding pending | application made to it or otherwise by order, transfer any proceeding pending | ||
before any appellate authority to another appellate authority and the appellate | before any appellate authority to another appellate authority and the appellate | ||
authority, to whom the proceeding is transferred, may, subject to any special | authority, to whom the proceeding is transferred, may, subject to any special | ||
directions in the order of transfer, dispose of the proceeding. | directions in the order of transfer, dispose of the proceeding. | ||
(2) The High court or appellate authority may on an application made to it | (2) The High court or appellate authority may on an application made | ||
or otherwise by order, transfer any proceeding pending before any Controller to | to it or otherwise by order, transfer any proceeding pending before any | ||
another Controller within its jurisdiction and the Controller to whom the | Controller to another Controller within its jurisdiction and the Controller to | ||
proceedings is transferred may, subject to any special direction in the order of | whom the proceedings is transferred may, subject to any special direction in | ||
transfer, dispose of the proceeding. | the order of transfer, dispose of the proceeding. | ||
==Section 29== | ==Section 29== | ||
landlord and tenant to furnish particulars.-Every landlord and | landlord and tenant to furnish particulars.- Every landlord and | ||
every tenant of a building or rented land shall be bound to furnish to the | every tenant of a building or rented land shall be bound to furnish to the | ||
Controller, or any person authorised by him in that behalf, such particulars in | Controller, or any person authorised by him in that behalf, such particulars in | ||
respect of such building or rented land as may be prescribed. | respect of such building or rented land as may be prescribed. | ||
==Section 30== | ==Section 30== | ||
Penalties.-( | Penalties.- (1) If any person contravenes any of the provisions of | ||
section 10, section 11, section 12 or section 29, he shall be punishable with fine | section 10, section 11, section 12 or section 29, he shall be punishable with | ||
which may extend to one thousand rupees. | fine which may extend to one thousand rupees. | ||
(2) If any person contravenes any of the provisions of clause (a) of section | (2) If any person contravenes any of the provisions of clause (a) of | ||
7 or section 8, he shall be punishable with imprisonment which may extend to two | section 7 or section 8, he shall be punishable with imprisonment which may | ||
years and with fine. | extend to two years and with fine. | ||
(3) The specified landlord or widow, widower, mother, father, child, | (3) The specified landlord or widow, widower, mother, father, child, | ||
grandchild or widowed daughter-in-law of such landlord, as the case may be. who | grandchild or widowed daughter-in-law of such landlord, as the case may be. | ||
having evicted tenant from a building in pursuance of an order made under sub | 22 | ||
section (2) of section 15 does not occupy it for a continuous period of three | THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 | ||
months from the date of such eviction or lets out the whole or any part of such | who having evicted tenant from a building in pursuance of an order made | ||
building, from which the tenant was evicted, to any person other than the tenant | under sub-section (2) of section 15 does not occupy it for a continuous period | ||
of three months from the date of such eviction or lets out the whole or any | |||
part of such building, from which the tenant was evicted, to any person other | |||
or with fine which may extend to one thousand rupees or both. | than the tenant shall be punishable with imprisonment for a term which may | ||
extend to six months or with fine which may extend to one thousand rupees or | |||
both. | |||
(4) No court inferior to that of a magistrate of first class shall try any | (4) No court inferior to that of a magistrate of first class shall try any | ||
offence punishable under this Act. | offence punishable under this Act. | ||
(5) No court shall take cognizance of an offence punishable under this | (5) No court shall take cognizance of an offence punishable under this | ||
Act, unless the complaint in respect of the offence has been made within three | Act, unless the complaint in respect of the offence has been made within three | ||
months from the date of the commission of the offence. | months from the date of the commission of the offence. | ||
==Section 31== | ==Section 31== | ||
Controller to exercise power of a magistrate for recovery of | |||
Any fine imposed by a Controller under this Act shall be paid by the person fined | fine.- Any fine imposed by a Controller under this Act shall be paid by the | ||
within such time as may be allowed by the Controller and the Controller may, for | person fined within such time as may be allowed by the Controller and the | ||
good and sufficient reason, extend the time, and in default of such payment, the | Controller may, for good and sufficient reason, extend the time, and in default | ||
amount shall be recoverable as a fine under the provisions of the Code of Criminal | of such payment, the amount shall be recoverable as a fine under the | ||
Procedure, 1973 (2 of 1974) and the Controller shall be deemed to be a magistrate | provisions of the Code of Criminal Procedure, 1973 (2 of 1974) and the | ||
under the said Code for the purposes of such recovery. | Controller shall be deemed to be a magistrate under the said Code for the | ||
purposes of such recovery. | |||
==Section 32== | ==Section 32== | ||
Validation.- (l) Notwithstanding anything contained in any | |||
decree or order of any court, | judgment, decree or order of any court, anything done or any action taken | ||
notification or direction issued or rents fixed or permission granted or order made) | (including any notification or direction issued or rents fixed or permission | ||
or purported to have been done or taken under the Himachal Pradesh Urban Rent | granted or order made) or purported to have been done or taken under the | ||
Control Act, 1971 (23 of 1971) prior to its repeal, shall be deemed to be as valid | Himachal Pradesh Urban Rent Control Act, 1971 (23 of 1971) prior to its | ||
and effective as if the provisions contained in the said Act and in the enactments | repeal, shall be deemed to be as valid and effective as if the provisions | ||
subsequently amending the said Act were enacted after procuring the assent of the | contained in the said Act and in the enactments subsequently amending the | ||
President, and the said Act had been in force at all material times when such thing | said Act were enacted after procuring the assent of the President, and the said | ||
was done or such action was taken. | Act had been in force at all material times when such thing was done or such | ||
action was taken. | |||
(2) Nothing in this Act shall render any person guilty of an offence for | (2) Nothing in this Act shall render any person guilty of an offence for | ||
any contravention of the provisions of this Act which was not an offence under the | any contravention of the provisions of this Act which was not an offence | ||
Himachal Pradesh Urban Rent Control Act, 1971 (23 of 1971) and which occurred | under the Himachal Pradesh Urban Rent Control Act, 1971 (23 of 1971) and | ||
before the appointed day. | which occurred before the appointed day. | ||
==Section 33== | ==Section 33== | ||
Power to make rules.- (l) The State Government may, by | |||
make rules for | notification, make rules for the purposes of carrying out all or any of the | ||
(2) Every rule made under this Act shall be laid, as soon as may be after it | provisions of this Act. | ||
is made, before the Legislative Assembly, while it is in session, for a total period | (2) Every rule made under this Act shall be laid, as soon as may be | ||
of not less than fourteen days which may be comprised in one session or in two | after it is made, before the Legislative Assembly, while it is in session, for a | ||
more successive sessions, and if, before the expiry of the session in which it is so | total period of not less than fourteen days which may be comprised in one | ||
laid or the sessions aforesaid, the Assembly makes any modification in the rule or | session or in two or more successive sessions, and if, before the expiry of the | ||
decides that the rule should not be made, the rule shall thereafter have effect only | session in which it is so laid or the sessions aforesaid, the Assembly makes | ||
in such modified form or be of no effect, as the case may be, so, however, that any | any modification in the rule or decides that the rule should not be made, the | ||
such modification or annulment shall be without prejudice to the validity of | rule shall thereafter have effect only in such modified form or be of no effect, | ||
anything previously done under that rule. | as the case may be, so, however, that any such modification or annulment | ||
(3) In making any rule the Government may provide that a breach thereof | THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 | ||
shall be punishable with fine which may extend to Rs. 500/- and when the breach | 23 | ||
is a continuing one with further fine which may extend to Rs. 1000/- | shall be without prejudice to the validity of anything previously done under | ||
that rule. | |||
(3) In making any rule the Government may provide that a breach | |||
thereof shall be punishable with fine which may extend to Rs. 500/- and when | |||
the breach is a continuing one with further fine which may extend to Rs. | |||
1000/-. | |||
==Section 34== | ==Section 34== | ||
Repeal and savings.- (1) The Himachal Pradesh Urban Rent | |||
Act, 1971, (23 of 1971) is hereby repealed. | Control Act, 1971, (23 of 1971) is hereby repealed. | ||
(2) Notwithstanding such repeal, but subject to the provisions | |||
contained in sub-section (3), all suits, appeals and other proceedings, | |||
sub-section (3), all suits, appeals and other proceedings, including execution | including execution proceedings, under the said Act, pending before any court | ||
proceedings, under the said Act, pending before any court of appellate or | of appellate or revisional authority, on the appointed day shall be disposed of | ||
revisional authority, on the appointed day shall be disposed of in accordance with | in accordance with the provisions of this Act, as if the provisions contained in | ||
the provisions of this Act, as if the provisions contained in this Act were, at the | this Act were, at the relevant time, in force. | ||
relevant time, in force. | |||
(3) Nothing contained herein shall authorise any court or authority or | (3) Nothing contained herein shall authorise any court or authority or | ||
tribunal to re-open any suit or proceedings in which the orders passed have | tribunal to re-open any suit or proceedings in which the orders passed have | ||
already become final and executed. | already become final and executed. | ||
==Section 35== | ==Section 35== | ||
Repeal of H.P. Ordinance No.5 of 1987.- (1) The Himachal | |||
Urban Rent Control Ordinance, 1987 is hereby repealed. | Pradesh Urban Rent Control Ordinance, 1987 is hereby repealed. | ||
(2) Notwithstanding such repeal, anything done or any action taken under | (2) Notwithstanding such repeal, anything done or any action taken | ||
the said Ordinance shall be deemed to have been done or taken under the | under the said Ordinance shall be deemed to have been done or taken under | ||
corresponding provisions of this Act, as if this Act had come into force on the day | the corresponding provisions of this Act, as if this Act had come into force on | ||
on which such thing was done or action was taken. | the day on which such thing was done or action was taken. | ||
Latest revision as of 22:19, 14 August 2024
Section 1
Short title extent and commencement.- (1) This Act may be called the Himachal Pradesh Urban Rent Control Act, 1987. (2) It extends to all urban areas in the State of Himachal Pradesh. (3) This Act shall and shall be deemed to have come into force on the 17th day of November, 1971, but– (i) provisions contained in clauses(h) and (i) of sections 2; section 4; section 5; sub-section (2) of section 15; section 17; sub-section (3) of section 30; section 34 and Schedule-I of this Act shall be deemed to have come into force on the appointed day; (ii) provisions contained in clause (d) of section 2; sub-sections (1) and (3) of section 15; section 16; section 27; section 28 and Schedule-II of this Act shall and shall be deemed to have come into force from the day on which the corresponding provisions were inserted in clause (d) of section 2; section 14 A; section 14-B; section 23-A and section 23-B of the Himachal Pradesh Urban Rent Control Act, 1971 (23 of 1971): (iii) provisions contained in section 4 and section 29 of the Himachal Pradesh Urban Rent Control Act, 1971 (23 of 1971), shall be deemed to have remained in force during the period reckoned from the day on which these were substituted or inserted, as the case may be in the said Act, till the appointed day; and (iv) provisions contained in section 35 shall come in to force at once.
Section 2
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.
Section 3
Exemptions.- (1) The State Government may direct that all or any of the provisions of this Act shall not apply to any particular building or rented land or any class of buildings or rented lands. (2) The provisions of this Act shall not apply to any building or rented land owned by the Government.
Section 4
. Determination of standard rent- (1) The Controller shall, on application by the tenant or the landlord of a building or rented land, and after holding such enquiry as he may think fit, fix the standard rent for such a building or rented land on the basis of 10% of the aggregate cost of construction and the market price of the land comprised in the premises on the date of commencement of the construction. The standard rent so derived shall be increased by 10% from the year of construction to the present year to arrive at standard rent for the given year. However, in case of non-residential building, the standard rent shall be fixed on the basis of 15% of the aggregate cost of construction and the market price of the land comprised in the premises on the date of the construction. Explanation.— For the purpose of fixation of standard rent, the maintenance charges, municipal taxes including water and electricity charges shall be taken into account: Provided that— (i) the maintenance charges shall not exceed 5% of the standard rent; (ii) the taxes shall be as per actual tax payable on prorata basis; and (iii) the other amenities like water and electricity shall be as agreed between the landlord and the tenant. (2) The standard rent fixed under sub-section (1) shall become payable from the date on which the application is filed under this section.]
Section 5
Revision of standard rent in certain cases.- (l) Save as provided
in section 4, when the standard rent of a land or rented building has been fixed under section 4, no further increase or decrease in such a standard rent shall be permissible for a period of three years. (2) Notwithstanding anything contained in any law for the time being in force or in any contract, a landlord shall, in addition to the increase in rent provided in this Act, be entitled to increase the rent of a building or land at the rate of ten per cent of the standard rent or the agreed rent, as the case may be, after every three years:
1. Section 4 substituted vide H.P. Act No. 8 of 2012. 2. Section 5 substituted vide H.P. Act No. 8 of 2012.
THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 7
Provided that such increase shall be in a case where such a building or land has been let out for a period of three years or more immediately preceding the commencement of the Himachal Pradesh Urban Rent Control (Amendment) Act, 2009 and again with effect from expiry of every three years from such commencement. (3) The increase in standard rent shall be automatic and if there is any dispute between the landlord and the tenant in regard to any increase or decrease in rent under this section, such dispute shall be decided by the Controller.]
Section 6
[6. Increase in standard rent in certain cases admissible.- (1) Save as provided under section 5, when the standard rent of a building or rented land has been fixed under section 4, no further increase in such standard rent shall be permissible, except in cases where some addition, improvement or alteration or special repairs has been carried out in the building or rented land by the landlord at the request in writing of the tenant: Provided that the standard rent increased under this sub-section shall not exceed ten per cent of the cost of addition, improvement, alteration or special repairs. (2) If the tenant fails to pay the revised standard rent, he shall be liable for eviction under section 14 of the Act.]
Section 7
Landlord not to claim anything in excess of standard rent.-
Save as provided in this Act, when the Controller has fixed the standard rent of a building or rented land under section 4, the landlord shall not claim or receive any premium or other like sum in addition to standard rent or any rent in excess of such standard rent, but the landlord may stipulate for and receive in advance an amount not exceeding three month’s rent in lump sum: Provided that any agreement for the payment of any sum in addition to rent, or of rent in excess of such standard rent, shall be null and void.]
Section 8
Fine or premium not to be charged for grant, renewal, or
continuance of tenancy.- (1) Subject to the provisions of this Act, no landlord shall claim or receive any rent in excess of the 3[standard rent], notwithstanding any agreement to the contrary. (2) No landlord shall, in consideration of the grant, renewal or continuance of a tenancy or sub-tenancy of any building or rented land, claim or receive payment of any premium, pugree, fine, advance or any other like sum in addition to the rent.
Section 9
Rent which should not have been paid may be recovered.-
Where any sum has been paid which sum is by reason of the provisions of this Act not payable, such sum shall, at any time within a period of one year after
1. Section 6 substituted vide H.P. Act No. 8 of 2012. 2. Section 7 substituted vide H.P. Act No. 8 of 2012. 3. Substituted for the words “fair rent” vide H.P. Act No. 8 of 2012. 8 THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 the date of the payment, or in the case of payment made before the commencement of this Act within one year after the appointed day, be recoverable by the tenant by whom it was paid or his legal representative from the landlord who received the payment or his legal representative, and may, without prejudice to any other method of recovery, be deducted by such tenant from any rent payable within such one year by him to such landlord. Explanation.- In this section, the expression “legal representative” has the same meaning as assigned to it in the Code of Civil Procedure, 1908 (5 of 1908) and includes also, in the case of joint family property the joint family of which the deceased was a member.
Section 10
Increase of rent on account of payment of rates etc. of local
authority but rent not to be increased on account of payment of other taxes etc.- (l) Notwithstanding anything contained in any other provisions of this Act, the landlord shall be entitled to increase the rent of a building or rented land, and if after the commencement of the tenancy any fresh rate, cess or tax is levied in respect of the building or rented land by the Government or any local authority, or if there is an increase in the amount of such a rate, cess or tax being levied at the commencement of the tenancy: Provided that the increase in rent shall not exceed the amount of any such rate, cess or tax or the amount of the increase in such rate, cess or tax, as the case may be. (2) Notwithstanding anything contained in any law for the time being in force or in any contract, no landlord shall recover from his tenant the amount of any tax or any portion thereof in respect of any building or rented land occupied by such tenant by increase in the amount of the rent payable or otherwise, save as provided in sub-section (1).
Section 11
Cutting off or withholding essential supply or service.- (1) No
landlord either himself or through any person purporting to act on his behalf shall, without just and sufficient cause cut off or withhold any essential supply or service enjoyed by the tenant in respect of the building or rented land let out to him. (2) If a landlord contravenes the provisions of sub-section (1), the tenant may make an application to the Controller complaining of such contravention. (3) If the Controller is satisfied that the essential supply or service was cut off or withheld by the landlord with a view to compelling the tenant to vacate the premises or to pay an enhanced rent, the Controller may pass an order directing the landlord to restore the amenities immediately pending the inquiry referred to in sub-section (4). Explanation.- An interim order may be passed under this sub-section without giving notice to the landlord. (4) If the Controller, on inquiry, finds that the essential supply or service enjoyed by the tenant in respect of the building or rented land was cut off or withheld by the landlord without just and sufficient cause, he shall THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 9 make an order directing the landlord to restore such supply or service. (5) The Controller may, in his discretion, direct that compensation, not exceeding one hundred rupees,- (a) be paid to the landlord by the tenant, if the application under sub-section (2) was made frivolously or vexatiously; (b) be paid to the tenant by the landlord, if the landlord had cut off or withheld the supply or service without, just and sufficient cause. Explanation-l.- In this section, “essential supply or service” includes supply of water, electricity, lights in passages and on staircases, conservancy and sanitary services. Explanation-II.- For the purposes of this section, withholding any essential supply or service shall include acts or omissions attributable to the landlord on account of which the essential supply or service is cut off by the local authority or any other competent authority.
Section 12
Conversion of a residential building into a non-residential building.- No person shall convert a residential building into a non-residential building except with the permission in writing of the Controller.
Section 13
Landlord’s duty to keep the building or rented land in good repairs.- (l) Every landlord shall be bound to keep the building or rented land in good and tenantable repairs. (2) If the landlord neglects or fails to make, within a reasonable time after receiving a notice in writing, any repairs which he is bound to make under sub-section (1), the tenant may make the same himself and deduct the expenses of such repairs from the rent or otherwise recover them from the landlord: Provided that the amount so deducted or recoverable in any year shall not exceed one-twelfth of the rent payable by the tenant for that year. (3) Where any repairs without which the building or rented land is no longer habitable or useable, except with undue inconvenience, are to be made and the landlord neglects or fails to make them after receiving notice in writing, the tenant may apply to the Controller for permission to get such repairs done on his own and may submit to the Controller an estimate of the cost of such repairs, and thereupon the Controller may after giving the landlord an opportunity of being heard and after considering such estimate of the cost and making such inquiries as he may consider necessary, by an order in writing, permit the tenant to make such repairs at such cost as may be specified in the order and it shall thereafter be lawful for the tenant to get such repairs done on his own and to deduct the cost thereof from the rent, which shall in no case exceed the amount so specified or otherwise recover it from the landlord: Provided that the amount so deducted or recoverable in any year shall not exceed 3 months' rent payable by the tenant: 10 THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 Provided further that if any repairs not covered by the said amount are necessary in the opinion of the Controller and the tenant agrees to bear the excess cost himself, the Controller may permit the tenant to make such repairs
Section 14
Eviction of tenants.- (l) A tenant in possession of a building or rented land shall not be evicted therefrom in execution of a decree passed before or after the commencement of this Act or otherwise, whether before or after the termination of the tenancy, except in accordance with the provisions of this Act. (2) A landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf. If the Controller, after giving the tenant a reasonable opportunity of showing cause against the applicant, is satisfied- (i) that the tenant has not paid or tendered the rent due from him in respect of the building or rented land within fifteen days after the expiry of the time fixed in the agreement of tenancy with his landlord or in the absence of any such agreement by the last day of the month next following that for which the rent is payable: Provided that If the tenant on the first hearing of the application for ejectment after due service pays or tenders the arrears of rent and interest at the rate of 1[12 per cent] per annum on such arrears together with the cost of application assessed by the Controller, the tenant shall be deemed to have duly paid or tendered the rent within time aforesaid: Provided further that if the arrears pertain to the period prior to the appointed day, the rate of interest shall be calculated at the rate of 2[12 per cent] per annum: Provided further that the tenant against whom the Controller has made an order for eviction on the ground of non-payment of rent due from him, shall not be evicted as a result of his order, if the tenant pays the amount due within a period of 30 days from the date of order; or (ii) that the tenant has after the commencement of this Act without the written consent of the landlord- (a) transferred his rights under the lease or sublet the entire building or rented land or any portion thereof, or (b) used the building or rented land for a purpose other than that for which it was leased; or (iii) that the tenant has committed such acts as are likely to impair materially the value or utility of the building or rented land;
1. Substituted for the words “9 per cent” vide H.P. Act No. 8 of 2012. 2. Substituted for the words “6 per cent” vide H.P. Act No. 8 of 2012.
THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 11
or (iv) that the tenant has been guilty of such acts and conduct as are nuisance to the occupiers of buildings in the neighborhood; or (v) that the tenant has ceased to occupy the building or rented land for a continuous period of twelve months without reasonable cause; the Controller may make an order directing the tenant to put the landlord in possession of the building or rented land and if the Controller is not so satisfied he shall make an order rejecting the application: Provided that the Controller may give the tenant a reasonable time for putting the landlord in possession of the building or rented land and may extend such time so as not to exceed three months in the aggregate. (3) A landlord may apply to the Controller for an order directing the tenant to put the landlord in possession- (a) in the case of a 1[residential and non-residential building], if- (i) he requires it for his own occupation: Provided that he is not occupying another 2[residential and non-residential building] owned by him in the urban area concerned: Provided further that he has not vacated such a building without sufficient cause within five years of the filing of the application, in the said urban area; or (ii) it was let to the tenant for use as a residence by reason of his being in service or employment of the landlord, and the tenant has ceased, whether before or after commencement of this Act, to be in such service or employment: Provided that where the tenant is a workman who has been discharged or dismissed by the landlord from his service or employment in contravention of the provisions of the Industrial Disputes Act, 1947 (14 of 947), he shall not be liable to be evicted until the competent authority under that Act confirms the order of discharge or dismissal made against him by the landlord; (iii) the landlord is a member of the Armed Forces of the Union of India and requires it for the occupation of his family and if he produces a certificate of the prescribed authority referred to in section 7 of the Indian Soldiers (Litigation) Act, 1925, (4 of 1925) that he is serving under special conditions within the meaning of section 3
1. Substituted for the words “residential building”. vide H.P. Act No. 8 of 2012. 2. Substituted for the words “residential building”. vide H.P. Act No. 8 of 2012. 12 THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 of that Act or is posted in a non-family station. Explanation-I.- For te purposes of this sub-clause- (1) the certificate of the prescribed authority shall be conclusive proof of the fact that the landlord is serving under special conditions, or is posted in a non-family station; (2) “family” means parents and such relation(s) of landlord as ordinarily reside with him and is/are dependent upon him; (iv) the tenant has, whether before or after the commencement of this Act, built or acquired vacant possession of or been allotted, a residence reasonably sufficient for his requirements (b) in the case of rented land, if- (i) he requires it for his own use: Provided that he is not occupying in the urban area concerned any other rented land for the purpose of his business: Provided further that he has not vacated such rented land without sufficient cause within five years of the filing of the application in the urban area concerned; (ii) he requires rented land for construction of residential or non-residential building or for establishment of industry; (iii) the tenant lets out his rented land to somebody else on higher rent; (c) in the case of any building or rented land, if he requires it to carry out any building work at the instance of the Government or local authority or any Improvement Trust under some improvement or development scheme or if it has become unsafe or unfit for human habitation or is required bona fide by him for carrying out repairs which cannot be carded out without the building or rented land being vacated or that the building or rented land is required bona-fide by him for the purpose of building or re-building or making thereto any substantial additions or alterations and that such building or re-building or addition or alteration cannot be carried out without the building or rented land being vacated: 1[Provided that the tenant evicted under this clause shall have the right to re-entry on new terms of tenancy, on the basis of mutual agreement between the landlord and the tenant, to the
1. Provisos inserted vide H.P. Act No. 8 of 2012.
THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 13
premises in the re-built building equivalent in area to the original premisses for which he was a tenant: Provided further that in case of non-residential premises, the landlord shall not compel the tenant for a change of business under the new terms of tenancy.] (d) in the case of 1[residential and non-residential building], if he requires it for use as an office, or consulting room by 2[his son or his daughter] who intends to start practice as a lawyer, an architect, a dentist, an engineer, a veterinary surgeon or a medical practitioner, including a practitioner of Ayurvedic Unani or Homoeopathic System of Medicine or for the residence of his son who is married, if- (i) his son as aforesaid is not occupying in the urban area concerned any other building for use as office consulting room or residence, as the case may be; and (ii) his son as aforesaid has not vacated such a building without sufficient cause, after the commencement of this Act, in the urban area concerned: Provided that where the tenancy is for a specified period, agreed upon between the landlord and the tenant, the landlord shall not be entitled to apply under this sub-section before the expiry of such period: Provided further that where the landlord has obtained possession of any building or rented land under the provisions of clause (a) or clause (b), he shall not be entitled to apply again under the said clause for the possession of any other building of the same class or rented land: Provided further that where a landlord has obtained possession of any building under the provisions of clause (d), he shall not be entitled to apply again under the said clause for the use of, or for the residence of the same son, as the case may be. (4) The Controller shall, if he is satisfied that the claim of the landlord is bonafide, make an order directing the tenant to put the landlord in possession of the building or rented land on such date as may be specified by the Controller and if the Controller is not so satisfied he shall make an order rejecting the application: Provided that the Controller may give the tenant a reasonable time for putting the landlord in possession of the building or rented land and may extend such time not exceeding three months in the aggregate. (5) Where a landlord who has obtained possession of the building or rented land in pursuance of an order under sub-section (3) does not occupy it himself or if possession was obtained by him for his family in pursuance of an
1. Substituted for the words “residential building”. vide Act No. 8 of 2012. 2. Substituted for the words “his son” vide H.P. Act No. 8 of 2012. 14 THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 order under sub-clause (iii) of clause (a) of sub-section. (3), his family does not occupy the residential building, or if possession was obtained by him on behalf of 1[his son or his daughter] in pursuance of an order under clause (d) of sub-section (3) 2[his son or his daughter] does not occupy it for the purpose for which the possession was obtained, for a continuous period of twelve months from the date of obtaining possession or if possession was obtained under sub-section (2) of section 15 he does not occupy it for personal use for a continuous period of 3 months from the date of obtaining possession or where a landlord who has obtained possession of a building under clause (c) of sub section (3) puts that building to any use other than that for which it was obtained or lets it out to any tenant other than the tenant evicted from it, the tenant who has been evicted may apply to the Controller for an order directing that he shall be restored to possession of such building or rented land and the Controller shall make an order accordingly. (6) Where a landlord has acquired any premises by transfer, no application for the recovery of possession of such premises shall be made under this section on the ground specified in sub-clause (i) of clause (a) of sub-section (3) unless a period of five years has elapsed from the date of such acquisition. (7) Where the Controller is satisfied that any application made by a landlord for the eviction of a tenant is frivolous or vexatious, the Controller may direct that compensation not exceeding five hundred rupees be paid by the such landlord to the tenant.
Section 15
Right to recover immediate possession of premises to certain
persons.- (1) Where a person who being in occupation of any residential premises allotted to him by the Central Government, the State Government or any local authority is required by, or in pursuance of any general or special order made by the Central or State Government or local authority, as the case may be, to vacate such residential accommodation, or in default, to incur certain obligations, on the ground that he or his spouse or dependent child owns, within the urban area, residential accommodation there shall accrue, on and from the date of such order, to such a person notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in any contract (whether express or implied), custom or usage to the contrary, a right to recover immediate the possession of any premises let out by him: Provided that nothing in this section shall be construed as conferring a right on the person, who himself or whose spouse or dependent child owns, within the urban area, two or more dwelling houses, to recover the possession of more than one dwelling house, and it shall be lawful for such person to indicate the dwelling house, the possession of which he intends to recover, (2) Where a specified landlord, at any time within one year prior to or within one year after the date of his retirement or after his retirement but 1. Substituted for the words “his son” vide H.P. Act No. 8 of 2012. 2. Substituted for the words “his son” vide H.P. Act No. 8 of 2012. THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 15 within one year of the appointed day whichever is later, applies to the Controller along with a certificate from the authority competent to remove him from service indicating the date of his retirement and his affidavit to the effect that he or his spouse does not own and posses any other suitable accommodation in the local area in which he intends to reside or to start his own business, to recover possession of one residential building for his own occupation, there shall accrue, on and from the date to such application to such specified landlord, notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in any contract (whether expressed or implied), custom or usage to the contrary a right to recover immediate possession of such residential building or any part or parts of such building if it is let out in part or parts: Provided that in case of death of the specified landlord, the widow or widower of such specified landlord and. in the case of death of such widow or widower, mother or father or a child or a grandchild or a widowed daughter in-law who was dependent upon such specified landlord at the time of his death shall be entitled to make an application under this section to the Controller,- (a) in the case of death of such specified landlord before the appointed day, within one year of the said day; (b) in the case of death of such specified landlord after the appointed day, but before the date of his retirement, within one year of the date of his death; (c) in the case of death of such specified landlord after the appointed day and the date of his retirement, within one year of the date of such retirement; and on the date of such application the right to recover the possession of the residential building which belongs to such specified landlord or his spouse at the time of his death shall accrue to the applicant: Provided further that nothing in this section shall be so construed as conferring a right, on any person to recover possession of more than one residential building inclusive of any pans thereof if it is let out in part or parts: Provided further that the Controller may give the tenant a reasonable time for putting the specified landlord or, as the case may be, the widow, widower, widower grandchild or widowed daughter-in-law in possession of the residential building and may extend such time not exceeding three months in the aggregate Explanation.- For the purposes of this section, the expression “retirement” includes the voluntary retirement but does not include resignation, discharge or dismissal from service. (3) Notwithstanding anything contained elsewhere in this Act, or in any other law for the time being in force or in any contract, custom or usage to the contrary where the landlord exercises the right of recovery conferred on him by this Act, no compensation shall be payable by him to the tenant or any 16 THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 person claiming through or under him and no claim for such compensation shall be entertained by any court, tribunal or other authority: Provided that where the landlord had received,- (a) any rent in advance from the tenant, he shall, within a period of ninety days from the date of recovery of the possession of premises by him, refund to the tenant such amount as represents the rent payable for the un-expired portion of the contract, agreement or lease; (b) any other payment, he shall, within the period aforesaid, refunded to the tenant a sum which shall bear the same proportion to the total amount so received, as the un-expired portion of the contract or agreement, or lease bears to the total period of contract or agreement of lease: Provided further that, if any default is made in making any refund as aforesaid, the landlord shall be liable to pay simple interest at the rate of nine per cent per annum.
Section 16
Special procedure for the disposal of applications for eviction
on the ground of bonafide requirement under section 14(3) (a) (iii) and section 15.- (1) Every application by a landlord for the recovery of possession of any premises under sub-clause (iii) of clause (a) of sub-section (3) of section 14 or section 15 shall be dealt with in accordance with the procedure specified in this section. (2) After an application under sub-clause (iii) of clause (a) of sub section (3) of section 14 or section 15 is received, the Controller shall issue summons, in relation to every application referred to in sub-section (1), in the form specified in Schedule-II. (3) (a) The Controller shall in addition to and simultaneously with the issue of summons for service on the tenant also direct the summons to be served by registered post, acknowledgement due, addressed to the tenant or his agent empowered to accept the service at the place where the tenant or his agent actually and voluntarily resides or carries on business or personally works for gain and may, if the circumstances of the case so require also direct the publication of the summons in a newspaper circulating in the locality in which the tenant is last known to have resided or carried on business or personally worked for gain. (b) When an acknowledgement purporting to be signed by the tenant or his agent is received by the Controller or the registered article containing the summons is received back with an endorsement purporting to have been made by a postal employee to the effect that the tenant or his agent had refused to take delivery of the registered article, the Controller, after such inquiry as he deems fit, is satisfied about the correctness of the endorsement, he may declare that there has been a valid service of summons on the tenant. (4) The tenant on whom the summons is duly served (whether in the ordinary way or by registered post) in the form specified in Schedule-II shall THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 17 not contest the prayer for eviction from the premises unless he files an affidavit stating the grounds on which he seeks to contest the application for eviction and obtains leave from the Controller as hereinafter provided; and in default of his appearance in pursuance of the summons or his obtaining such leave, the statement made by the landlord or by the specified landlord, or as the case may be, the widow, widower, child, grandchild or widowed daughter in-law of such specified landlord in the application for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction on the ground aforesaid. (5) The Controller shall give to the tenant leave to contest the application if the affidavit filed by the tenant discloses such fact as would disentitle the landlord or the specified landlord or, as the case may be, the widow, widower, child, grandchild or widowed daughter-in-law of such specified landlord from obtaining an order for the recovery of possession of the premises of the ground specified in sub-clause (iii) of clause (a) of sub section (3) of section 14 or in section 15. (6) Where leave is granted to the tenant to contest the application, the Controller shall commence the hearing of the application as early as practicable. (7) Notwithstanding anything contained in section 14, the Controller shall, while holding an enquiry in a proceeding, follow the practice and procedure of a Court of Small Causes, including the recording of evidence. (8) No appeal or second appeal shall lie against an order for the recovery of possession of any premises made by the Controller in accordance with the procedure specified in this section: Provided that the High Court may, for the purposes of satisfying itself that an order made by the Controller under this section is according to law, call for the records of the case and pass such orders in respect, thereto as it thinks fit. (9) Where no application for revision has been made to the High Court, the Controller may exercise the powers of review in accordance with the provision of Order XLVII(of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908). (10) Save as otherwise provided in this section, the procedure for the disposal of an application for eviction on the ground specified in sub-clause (iii) of clause (a) of sub-section (3) of section 14 or in section 15 shall be the same as the procedure for the disposal of applications by the Controller.
Section 17
Recovery of possession in case of tenancies for limited period.-
Where a landlord does not require the whole or any part of any premises for a particular period, and the landlord, after obtaining the permission of the Controller in the prescribed manner, lets the whole of the premises or part thereof as residence for such period as may be agreed to in writing between the landlord and the tenant and the tenant does not, on the expiry of the said period, vacate such premises, then, notwithstanding anything contained in 18 THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 section 14 or in another law, the Controller may, on any application made to him in this behalf the landlord within such time as may be prescribed, place the landlord in vacant possession of the premises or part thereof by evicting the tenant and every other person who may be in occupation of such premises.
Section 18
Decisions which have become final not to be reopened.- The
Controller shall summarily reject any application under sub-section (2) or sub section (3) of section 14 which raises substantially issues as have been finally decided in a former proceeding under this Act.
Section 19
. Leases of vacant buildings.- Whenever any building which was constructed before the commencement of this Act, and was being let out to tenants remains vacant for a period of twelve months, the Controller may on receipt of any application from a person serve the landlord a notice informing him that he should show cause why the vacant building be not let out to a tenant, who will pay fair rent to the landlord. On hearing the landlord, the Controller may, on such terms on which the building was being let out, lease the same to a person who has in his occupation no other building either as an owner or as a tenant.
Section 20
Receipt to be given for rent paid.- (1) Every tenant shall pay
rent within the time fixed by contract or in the absence of such contract, by the fifteenth day of the month next following the month for which it is payable. (2) Every tenant who makes payment of rent to his landlord shall be entitled to obtain forthwith from the landlord or his authorised agent a written receipt for the amount paid to him duly signed by the landlord or his authorised agent. (3) If the landlord or his authorised agent refuses or neglects to deliver to the tenant a receipt referred to in sub-section (2), the Controller may, on an application made to him in this behalf by the tenant within two months from the date of payment and after hearing the landlord or his authorised agent, by order, direct the landlord or his authorised agent to pay to the tenant, by way of damages, such sum not exceeding double the amount of rent paid by the tenant and the costs of the application and shall also grant a certificate to the tenant in respect of the rent paid.
Section 21
Deposit of rent by the tenant.- (l) Where the landlord does not
accept any rent tendered by the tenant within the time referred to in section 20 or refuses or neglects to deliver a receipt referred to therein or where there is a bona fide doubt as to the person or persons to whom the rent is payable, the tenant may deposit such rent with the Controller in the prescribed manner. (2) The deposit shall be accompanied by an application by the tenant containing the following particulars, namely: (a) the building or rented land for which the rent is deposited with a description sufficient for identifying the building or rented land; (b) the period for which the rent is deposited; THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 19 (c) the name and address of the landlord or the persons claiming to be entitled to such rent; and (d) such other particulars as may be prescribed. (3) On such deposit of the rent being made, the Controller shall send in the prescribed manner a copy or copies of the application to the landlord or persons claiming to be entitled to the rent with an endorsement of the date of the deposit. (4) If an application is made for the withdrawal of any deposit of rent, the Controller shall, if satisfied that the applicant is the person entitled to receive the rent deposited, order the amount of the rent to be paid to him in the manner prescribed: Provided that no order for payment of any deposit of rent shall be made by the Controller under this sub-section without giving all persons named by the tenant in his application under sub-section (2) as claiming to be entitled to the payment of such rent an opportunity of being heard and such order shall be without prejudice to the rights of such persons to receive such rent being decided by a court of competent jurisdiction. (5) If at the time of filing the application under sub-section (4), but not after the expiry of thirty days from receiving the notice of deposit, the landlord or the person or persons claiming to be entitled to the rent complains to the Controller that the statements in the tenant's application of the reasons and circumstances which led him to deposit the rent are untrue, the Controller, after giving the tenant an opportunity of being heard, may levy on the tenant a fine which may extend to an amount equal to two months' rent, if the Controller is satisfied that the said statements Were materially untrue and may order that a sum out of the fine realised be paid to the landlord as compensation. (6) The Controller may, on the complaint of the tenant and after giving an opportunity to the landlord of being heard, levy on the landlord a fine which may extend to an amount equal to two months’ rent, if the Controller is satisfied that the landlord, without any reasonable cause, refused to accept rent though tendered to him within the time referred to in section 20 and may further order that a sum out of fine realised be paid to the tenant as compensation.
Section 22
2. Time limit for making deposit and consequences of incorrect particulars in application for deposit.- (1) No rent deposited under section 21 shall be considered to have been validly deposited under that section, unless the deposit is made within twenty-one days of the time referred to in section 20 for payment of the rent. (2) No such deposit shall be considered to have been validly made, if the tenant willfully makes any false statement in his application for depositing the rent, unless the landlord had withdrawn the amount deposited before the date of filing an application for the recovery of possession of the building or rented land from the tenant. 20 THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 (3) If the rent is deposited within the time mentioned in sub-section (l) and does not cease to be a valid deposit for the reason mentioned in sub section (2), the deposit shall constitute payment of rent to the landlord as if the amount deposited had been validly tendered.
Section 23
. Savings to acceptance of rent and forfeiture of rent in deposit.- (1) The withdrawal of rent deposited under section 21 in the manner provided therein shall not operate as an admission against the person withdrawing it of the correctness of the rate of rent, the period of default, the amount due, or of any other facts stated in the tenant's application for depositing the rent under the said section. (2) Any rent in deposit which is not withdrawn by the landlord or by the person or persons entitled to receive such rent shall be forfeited to Government by an order made by the Controller, if it is not withdrawn before the expiration of five years from the date of posting of the notice of deposit. (3) Before passing an order of forfeiture, the Controller shall give notice to the landlord or the person or persons entitled to receive the rent in deposit by registered post at the last known address of such landlord of person or persons and shall also publish the notice in his office and in any local newspaper.
Section 24
Vesting of appellate authority on officers by State Government.- (1) (a) The State Government may, by a general or special order, by notification, confer on such officers and authorities, as it thinks fit, the powers of appellate authorities for the purposes of this Act, in such area or in such classes of cases as may be specified in the order. (b) Save as otherwise provided in this Act, any person aggrieved by an order passed by the Controller, except the orders for the recovery of possession made by the Controller in accordance with the procedure prescribed under section 16, may, within fifteen days from the date of such order or such longer period as the appellate authority may allow for reasons to be recorded in writing, prefer an appeal in writing to the appellate authority having jurisdiction. (In computing the period of fifteen days, the time taken to obtain a certified copy of the order appealed against shall be excluded). (2) On such appeal being preferred, the appellate authority may order stay of further proceedings in the matter pending decision on the appeal. (3) The appellate authority shall decide the appeal after sending for the records of the case from the Controller and after giving the parties an opportunity of being heard and, if necessary, after making such further inquiry as it thinks fit either personally or through the Controller. (4) The decision of the appellate authority and subject only to such decision, an order, of the Controller shall be final and shall not be liable to be called in question in any court of law except as provided in sub-section (5) of this section. (5) The High Court may, at any time, on the application of any aggrieved party or on its own motion call for and examine the records relating THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 21 to any order passed or proceedings taken under this Act for the purpose of satisfying itself as to the legality or propriety of such order or proceedings and may pass such order in relation thereto as it may deem fit.
Section 25
Power to summon and enforce attendance of witnesses.- For
the purposes of this Act, an appellate authority or a Controller appointed under this Act shall have the same powers of summoning and enforcing the attendance of witnesses and compelling the production of evidence as are vested in a court under the Code of Civil Procedure, 1908 (5 of 1908).
Section 26
Execution of orders.- Save as otherwise provided in section. 31,
any order made by the Controller or an order passed on appeal under this Act, shall be executable by the Controller as a decree of a civil court and for this purpose, the Controller shall have all the powers of a civil court.
Section 27
Institution and disposal of applications.- (1) Where there are
two or more Controllers appointed at the same station to exercise jurisdiction under this Act, in the same territory, it shall be the senior-most (in service) of such Controllers who alone shall be competent initially to entertain all applications and proceedings under this Act. (2) The Controller competent to entertain applications and proceedings under this Act under sub-section (1) may transfer any such proceedings or applications pending before him for disposal to any other Controller of competent jurisdiction.
Section 28
Power to transfer proceedings.- (l) The High Court may, on an
application made to it or otherwise by order, transfer any proceeding pending before any appellate authority to another appellate authority and the appellate authority, to whom the proceeding is transferred, may, subject to any special directions in the order of transfer, dispose of the proceeding. (2) The High court or appellate authority may on an application made to it or otherwise by order, transfer any proceeding pending before any Controller to another Controller within its jurisdiction and the Controller to whom the proceedings is transferred may, subject to any special direction in the order of transfer, dispose of the proceeding.
Section 29
landlord and tenant to furnish particulars.- Every landlord and
every tenant of a building or rented land shall be bound to furnish to the Controller, or any person authorised by him in that behalf, such particulars in respect of such building or rented land as may be prescribed.
Section 30
Penalties.- (1) If any person contravenes any of the provisions of
section 10, section 11, section 12 or section 29, he shall be punishable with fine which may extend to one thousand rupees. (2) If any person contravenes any of the provisions of clause (a) of section 7 or section 8, he shall be punishable with imprisonment which may extend to two years and with fine. (3) The specified landlord or widow, widower, mother, father, child, grandchild or widowed daughter-in-law of such landlord, as the case may be. 22 THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 who having evicted tenant from a building in pursuance of an order made under sub-section (2) of section 15 does not occupy it for a continuous period of three months from the date of such eviction or lets out the whole or any part of such building, from which the tenant was evicted, to any person other than the tenant shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or both. (4) No court inferior to that of a magistrate of first class shall try any offence punishable under this Act. (5) No court shall take cognizance of an offence punishable under this Act, unless the complaint in respect of the offence has been made within three months from the date of the commission of the offence.
Section 31
Controller to exercise power of a magistrate for recovery of
fine.- Any fine imposed by a Controller under this Act shall be paid by the person fined within such time as may be allowed by the Controller and the Controller may, for good and sufficient reason, extend the time, and in default of such payment, the amount shall be recoverable as a fine under the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) and the Controller shall be deemed to be a magistrate under the said Code for the purposes of such recovery.
Section 32
Validation.- (l) Notwithstanding anything contained in any
judgment, decree or order of any court, anything done or any action taken (including any notification or direction issued or rents fixed or permission granted or order made) or purported to have been done or taken under the Himachal Pradesh Urban Rent Control Act, 1971 (23 of 1971) prior to its repeal, shall be deemed to be as valid and effective as if the provisions contained in the said Act and in the enactments subsequently amending the said Act were enacted after procuring the assent of the President, and the said Act had been in force at all material times when such thing was done or such action was taken. (2) Nothing in this Act shall render any person guilty of an offence for any contravention of the provisions of this Act which was not an offence under the Himachal Pradesh Urban Rent Control Act, 1971 (23 of 1971) and which occurred before the appointed day.
Section 33
Power to make rules.- (l) The State Government may, by
notification, make rules for the purposes of carrying out all or any of the provisions of this Act. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session, for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 23 shall be without prejudice to the validity of anything previously done under that rule. (3) In making any rule the Government may provide that a breach thereof shall be punishable with fine which may extend to Rs. 500/- and when the breach is a continuing one with further fine which may extend to Rs. 1000/-.
Section 34
Repeal and savings.- (1) The Himachal Pradesh Urban Rent
Control Act, 1971, (23 of 1971) is hereby repealed. (2) Notwithstanding such repeal, but subject to the provisions contained in sub-section (3), all suits, appeals and other proceedings, including execution proceedings, under the said Act, pending before any court of appellate or revisional authority, on the appointed day shall be disposed of in accordance with the provisions of this Act, as if the provisions contained in this Act were, at the relevant time, in force. (3) Nothing contained herein shall authorise any court or authority or tribunal to re-open any suit or proceedings in which the orders passed have already become final and executed.
Section 35
Repeal of H.P. Ordinance No.5 of 1987.- (1) The Himachal Pradesh Urban Rent Control Ordinance, 1987 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act, as if this Act had come into force on the day on which such thing was done or action was taken.