Preliminary Haryana Act No. 11 of 1973

Received the assent of the Governor of Haryana on the 25th April, 1973, and first published in Haryana Government Gazette (Extraordinary) Legislative Supplement Part I of 27th April, 1973.

An Act to control the increase of rent of certain buildings and rented land situated within the limits of urban areas, and the eviction of tenants therefrom.

Be it enacted by the Legislature of the State of Haryana in the Twenty-fourth Year of the Republic of India as follows :-

S.1 Short title and extent

(1) This Act may be called the Haryana Urban (Control of Rent and Eviction) Act, 1973.

(2) It shall extend to all urban areas in Haryana but nothing herein contained shall apply to any cantonment area.

[(3) Nothing in this Act shall apply to any building the construction of which is completed on or after the commencement of this Act for a period of ten years from the date of its completion.]

S.2 Definitions

In this Act, unless there is anything repugnant in the subject or context, -

(a) "building" means any building or a part of building let for any purpose whether being actually used for that purpose or not, including any land, godowns, out-houses, gardens, lawns, wells or tanks appurtenant to such building or the furniture let therewith or any fittings affixed to or machinery installed in such building, but does not include a room in a hotel, hostel or boarding house;

(b) "Controller" means any person who is appointed by the State Government to perform the functions of a Controller under this Act;

(c) "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 other person, or as a trustee, guardian, receiver, executor or administrator for any other person, and includes a tenant who

S.3 Exemptions

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 to any class of buildings or rented lands.

S.4 Determination of fair rent.

(1) The Controller shall, on application by the tenant or the landlord of a building or rented land, fix the fair rent for such building or rented land after holding such enquiry as he may think fit. Such fair rent shall be operative from the date of application.

[(2) In fixing the fair rent under this section, the Controller shall first determine the basic rent which shall be, -

(a) in respect of the building the construction whereof was completed on or before the 31st day of December, 1961 or land let out before the said date, the rent prevailing in the locality for similar building or rented land let out to a new tenant during the year 1962; and

(b) in respect of the building the construction where of is completed after the 31st day of December, 1961 or land let out after the said date, the rent agreed upon between the landlord and the tenant preceding the date of the application, or where no rent

S.5 Revision in fair rent in certain cases

(1) When the fair rent of a building or rented land has been fixed under section 4, no further increase or decrease in such fair rent shall be permissible for a period of five years :

Provided that an increase may be allowed in cases where any addition, improvement or alteration has been carried out at the expense of the landlord, and in the building or rented land which is in occupation of the tenant then at the request of the tenant :

Provided further that the decrease may be allowed in cases where there is a decrease or diminution in the accommodation or amenities provided.

(2) Any dispute between the landlord and the tenant in regard to any increase or decrease under this section shall be decided by the Controller.

S.6 Landlord not to claim anything in excess of fair rent

Save as provided in this Act, when the Controller has fixed the fair rent of a building or rented land under section 4, -

(a) the landlord shall not claim or receive any premium or other like sum in addition to fair rent or any rent in excess of such fair rent, but the landlord may stipulate for and receive in advance an amount not exceeding one month's rent;

(b) any agreement for the payment of any sum in addition to fair rent or of rent in excess of such fair rent shall be null and void.

S.6(a) Deposit of rent.

(1) Notwithstanding anything to the contrary contained in any other law for the time being in force, if a landlord refuses to receive, or grant a receipt for, any rent payable in respect of the building or rented land when tendered to him by a tenant, the tenant may apply to the Controller for leave to deposit the rent in his office, and the Controller shall receive the deposit, if, after examining the applicant, he is satisfied that there is sufficient ground for the application and if the applicant pays the fee, if any, chargeable for the issue of the notice hereinafter provided.

(2) When a deposit has been received under sub-section (1), it shall be deemed to be a payment made by the tenant to his landlord in respect of the rent due.

(3) On receiving the deposit, the Controller shall give notice of the receipt thereof to the landlord and shall pay the amount thereof to him.

S.7 Rent which should not have been paid may be recovered

Where any sum has, whether before or after the commencement of this Act, been paid which sum by reason of the provisions of the Act should not have been paid, such sum shall, at any time within a period of six months after the date of payment, be recoverable by the tenant from the landlord who received the payment or his legal representative, and may, without prejudice to any other method of recovery, be deducted, within such six months, by such tenant from any rent payable by him to such landlord.

Explanation. - In this section the expression "legal representative" has the same meaning as is assigned to it in the Code of Civil Procedure, 1908, and includes, in the case of joint family property, the joint family of which the deceased person was a member.

S.8 Increase of rent on account of payment of rates, etc., of local authority

(1) Notwithstanding anything contained in any other provision of the Act, a landlord shall be entitled to increase the rent of a building or rented land if after the commencement of the tenancy, a fresh rate, cess or tax is levied in respect of the building or rented land by 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 this Act:

Provided that increase in rent shall not exceed the amount of any such rate, cess, or tax or the amount of increase in such rate, cess or tax, as the case may be:

Provided further that such increase in rent shall be payable by the tenant from the date of despatch of the written notice of demand sent by the landlord under registered cover.

(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 rate

S.9 Landlord to provide certain amenities

(1) If the amenities of electricity, sewerage or tap water supply have been made available in any locality by the State Government or a local authority, the tenant of the building or rented land of such locality shall be entitled to the enjoyment thereof subject to the provisions hereinafter contained.

(2) If the landlord at the written request of the tenant fails to agree in writing to provide all or any of the amenities within a period of thirty days or fails to provide the same within a period of ninety days of such request, the tenant may apply to the Controller for that purpose. The Controller may, on such application by the tenant and after such enquiry as he may deem fit, permit the tenant to have such amenity at the cost of the landlord on such conditions as he may deem proper. The tenant shall be entitled to deduct the expenses incurred by him in providing the amenity from the rent payable to the landlord till the full amount is realise

S.10 Landlord not to interfere with amenities

(1) No landlord shall, without just and sufficient cause, cut off or withhold any of the amenities enjoyed by the tenant.

(2) A tenant in occupation of a building or rented land may, if the landlord has contravend the provisions of this section, make an application to the Controller complaining of such contravention.

(3) If the Controller on enquiry finds that the tenant has been in enjoyment of the amenities and that they were cut off or withheld by the landlord without just or sufficient cause, he shall make an order directing the landlord to restore such amenities:

Provided that if the Controller is satisfied from affidavit or otherwise that immediate enjoyment of the amenities is essential, he may by order in writing, allow the tenant to get such amenities restored on such terms and conditions as may be imposed by the Controller subject to his final decision as regards the expenses on the restorati

S.11 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.

S.12 Failure by landlord to make necessary repairs

If a landlord fails to make the necessary repairs to a building other than structural alterations, the Controller shall be competent to direct, on an application by the tenant, and after such enquiry as the Controller may think necessary, that such repairs may be carried out by the tenant and the cost thereof may be deducted from the rent which is payable by him :

Provided that if the Controller is satisfied from affidavit or otherwise that urgent repairs are essential, he may by order in writing, allow the tenant to get the repairs carried out on such terms and conditions as may be imposed by the Controller, subject to his final decision as regards the cost thereof.

S.13 Eviction of tenants

(1) A tenant in possession of a building or a rented land shall not be evicted therefrom except in accordance with the provisions of this section.

(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 application, 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, within a period of fifteen days of the first hearing of the application for ejectment after due service, pays or tenders the arrears of rent and interest, to be calculated by

S.13(a) Special procedure for disposal of a application in certain cases

(1) Where the application is made by a landlord who is or was a member of the Armed Forces of the Union of India within one year prior to or after the date of his retirement or discharge or within one year from the date of commencement of the Haryana Urban (Control of Rent and Eviction) Amendment Act, 1986, whichever is later, on the ground mentioned in sub-clause (i) of clause (a) of sub-section (3) of section 13, the same shall be dealt with in accordance with the procedure specified in this section.

S.14 Decisions which have become final not to be reopened

The Controller shall summarily reject any application under sub-section (2) or (3) of section 13 which raises substantially the issues as have been finally decided in any former proceedings under this Act.

S.15 Appellate and revisional authorities

(1) The State Government may, by a general or special order, by notification, confer on such officers and authorities as it may think 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.

(2) Any person aggrieved by an order passed by the Controller may, within thirty 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 thirty days the time taken to obtain a certified copy of the order appealed against shall be excluded.

(3) On such appeal being preferred, the appellate authority may order stay of further proceedings in the matter pending decision on the appeal.

(4) The appellate authority shall decide the appeal after sending for the

S.16 Power to summon and enforce attendance of witnesses

An authority exercising powers 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.

S.17 Costs

(1) The compensation and the cost of an incident to all proceedings before the Controller, the appellate authority or the revisional authority shall be in the discretion of the Controller, the appellate authority or the revisional authority, as the case may be. Such authority shall determine by whom or out of which property and to what extent such costs are to be paid and give all necessary directions for the purpose. The fact that the Controller, the appellate authority or the revisional authority has no jurisdiction to try the proceedings shall be no bar to the exercise of such powers.

(2) Where the Controller, the appellate authority or the revisional authority directs that any costs shall not follow the event, the Controller, the appellate authority or the revisional authority shall state its reasons in writing.

S.18 Execution of orders

Every order made under the provisions of this Act shall be executed by a civil court having jurisdiction in the area as if it were a decree or order of that court.

Explanation. - One year's rent of the building or rented land, preceding the date of the order which is sought to be executed, shall be the jurisdictional value for the purposes of determining the forum of appeal.

S.19 Institution and disposal of applications

(1) Where there are more than one Controller at the same place the applications shall be made to the Controller who is authorised by the appellate authority of the area concerned to entertain such applications.

(2) Such Controller shall either keep the application on his file or make over the same to some other Controller at the same place, for disposal.

S.20 Power to transfer proceedings

(1) [The High Court] may, on an application made to it or otherwise, by order transfer any proceedings pending before any appellate authority to another appellate authority and the appellate authority to whom the proceedings are so transferred may, subject to any special direction in the order of transfer, dispose of the proceedings.

(2) An appellate authority may, on an application made to it or otherwise, by order transfer any proceedings pending before any Controller to another Controller within its jurisdiction and the Controller to whom the proceedings are so transferred may, subject to any special direction the order of transfer, dispose of the proceedings.

S.20(a) Transfer of proceedings and filing of appeals and revisions against orders of Subordinate and District Judges

(1) Notwithstanding anything contained in any other provision of this Act -

(a) all proceedings pending before Sub-Divisional Officers (Civil) appointed to perform the functions of the Controllers shall stand transferred to the Subordinate Judges from the date of their appointment under clause (b) of section 2 to perform the functions of the Controllers;

(b) an appeal from the order of the Sub-Divisional Officer (Civil) appointed to perform the functions of the Controller shall lie to the District Judge conferred with the powers of the appellate authority and a revision from the order of such appellate authority shall lie to the High Court; and

(c) any appeal from the order of the Sub-Divisional Officer (Civil) appointed to perform the functions of the Controller has been filed with the Deputy Commissioner conferred with the powers of the appellate authority or if any revision from the order of the Dep

S.21 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.

S.22 Penalties

(1) If any person contravenes any of the provisions of sub-section (2) of section 8, sub-section (1) of section 10, section 11 or section 21, 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 6, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

(3) No Court shall take cognizance of an offence under this section except upon-

(a) a complaint in writing (of facts which constitute such offence) filed with the sanction of the Controller; or

(b) a report in writing of such facts made by the Controller.

S.23 Power to make rules

The State Government may, by notification, make rules to carry out all or any of the purposes of this Act.

S.24 Repeal and Savings

(1) The East Punjab Urban Rent Restriction Act, 1949 (East Punjab Act No. 3 of 1949), is hereby repealed :

Provided that such repeal shall not affect any proceedings pending or order passed immediately before the commencement of this Act which shall be continued and disposed of or enforced as if the said Act has not been repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Act so repealed (including any rule, notification or order made) which is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act as if this Act were in force at the time such thing was done or action was taken, and shall continue to be in force, unless and until superseded by anything done or any action taken under this Act.

Sch. .

[See section 2(h)]

Son, daughter, widow, father, mother, grandfather, grandmother, son of a pre-deceased son, unmarried daughter of a pre-deceased son, widow of a pre-deceased son and widow of a pre-deceased son of a pre-deceased son.

Form. .

[See sub-section (2) of section 13-A]

Form of summons in a case where recovery of possession of residential building is prayed for under section 13-A of the Haryana Urban (Control of Rent and Eviction) Act, 1973.

(Name, description and place of residence of the tenant)

Whereas Shri _________________ has filed an application (a copy of which is annexed) for your eviction from _________________ (here insert the particulars of the residential building) under section 13-A of the Haryana Urban (Control of Rent and Eviction) Act, 1973;

Now, therefore, you are hereby summoned to appear before the Controller within fifteen days of the service thereof and to obtain the leave of the Controller to contest the application for eviction under section 13-A of the said Act, in default whereof, the applicant will be entitled at any time after the expiry of the said period of fifteen days to obtain