HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1971

Act No. 23 of 1971

5th November, 1971

Amended, repealed or otherwise affected by,- (i) H.P. Act No. 22 of 1974, published in R.H.P. Extra., dated the 6th November, 1974, pages 1516-1517. (ii) H.P. Act No. 7 of 1975, published in R.H.P. Extra., dated the 5th April, 1975, page 400-401. (iii) H.P. ordinance No. 6 of 1975, published in R.H.P. Extra, dated the 14th November, 1975, page 1567.(Replaced by H.P. Act No. 14 of 1976). (iv) H.P. Act No. 14 of 1976, published in R.H.P. Extra., dated the 30th April, 1976 at pages 1176-77. An Act to provide for the control of rents and evictions within the limits of urban areas. Be it enacted by the Legislative Assembly of Himachal Pradesh in the Twenty-second year of the Republic of India as follows:-

Read full Act

S.6 Increase in fair rent in what cases admissible

When the fair rent of a building or rented land has been fixed under section 5, no further increase in such fair rent shall be permissible except in cases where some addition, improvement or alteration has been carried out at the landlord's expense and if the building or rented land is then in the occupation of a tenant, at his request:

Provided that the fair rent as increased under this section shall not exceed the fair rent payable under this Act for a similar building or rented land in the same locality with such addition, improvement or alteration and it shall not be chargeable until such addition, improvement, or alteration has been completed:

Provided further that any dispute between the landlord and tenant in regard to any increase claimed under this section shall be decided by the Controller:

Provided further that nothing in this section shall apply to any periodical increment of rent accruing under any subsisting agreement entered into before the 15th

S.7 Landlord not to claim anything in excess of fair rent

(1) Save as provided in section 6, when the Controller has fixed the fair rent of a building or rented land under section 5-

• (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 rent or of rent in excess of such fair rent shall be null and void.

(2) Nothing in this section shall apply to the recovery of any rent which became due before the 15th day of August, 1947.

S.8 Fine or premium not to fee 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 fair 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 the payment of any premium, pugree, fine, advance or any other like sum in addition to the rent

(3) Nothing in this section shall apply to any payment under any subsisting agreement entered into before the 15th day of August, 1947.

S.9 Rent which should not have been paid may be recovered

(1) Where any sum has, whether before or after the commencement of this Act, 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 the date of the payment, or in the case of a payment made before the commencement of this Act, within one year after the commencement thereof, 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.

(2) In this section the expression "legal representative" has the same meaning as 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 person was a member.

S.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

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

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 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 any increase in the amount of the rent payable or otherwise, save as provided in sub-section (1).

S.11 Cutting off for 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 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 compel 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

S.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.

S.13 Landlord's duty to keep the building or rented land in good repairs

(1) 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 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 not habitable or useable except with undue inconvenience are to be made and the landlord neglects or fails to make them after notice in writing, the tenant may apply to the Controller for permission to make such repairs himself and may submit to the Controller an estimate of the cost of such repairs, and, thereupon, the Controller may, after giving the landlord an op

S.14 Eviction of tenants

(1) 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 and whether before or after the termination of the tenancy, 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 applicant is satisfied-

• (i) that the tenant has not paid or tendered the rent due by 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 t
  

  S.15 Decision which has become final not to be reopened

  The Controller shall summarily reject any application under sub-section (2) or under sub-section (3) of section 14 which raises substantially issues as have been finally decided in a former proceeding under this Act.

  
  

  S.16 Leases of vacant buildings

  Whenever any building which was constructed before 15th day of August, 1966, and was being let out to tenants remains vacant for a period of three months, the Controller may on receipt of an application from a person serve on 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 may leas(c) the same to a person who has in his occupation no other building either as a owner or as a tenant.

  
  

  S.17 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 a 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, 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 respec
  

  S.18 Deposit of rent by the tenant

  (1) Where the landlord does not accept any rent tendered by the ten ant within the time referred to in section 17 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;
  • (c) the name and address of the landlord or the person or persons claiming to be entitled to such rent;
  • (d) the reasons and circumstances for which the application for depositing the rent is made;
  • (e) such other particulars as may be prescribed.

  (3) On such deposit of the
  

  S.19 Time limit for Making deposit and consequences of Incorrect particulars in application for deposit

  (1) No rent deposited under section 18 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 17 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 fee landlord has 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.

  (3) If the rent is deposited within fee time mentioned in sub-section (1) 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,

  
  

  S.20 Saving as to acceptance of rent and forfeiture of rent in deposit

  (1) The withdrawal of rent deposited under section 18 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 or person or persons and shall also publish the notice in his office and in any local newspaper.

  
  

  S.21 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 they think fit, the powers of appellate authorities for the purposes of this Act, in such area or in classes of cases as may be specified in the order.

  (b) Any person aggrieved by an order passed by the Controller 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 th
  

  S.22 Power to summon and enforce attendance of witnesses

  For the purposes of this Act, an appellate authority or a Controller appointed under the 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).

  
  

  S.23 Execution of orders

  Save as otherwise provided in section 26, 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.

  
  

  S.23A Power of the Controller to transfer proceedings from one Controller to another Controller

  (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 to initially 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.

  
  

  S.23B Power of the High Court or appellate authority to transfer proceedings from one appellate authority or Controller to another

  (1) 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 proceedings.

  (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 proceeding is transferred may, subject to any special direction in the order of transfer, dispose of the proceedings.

  
  

  S.24 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.25 Penalties

  (1) If any person contravenes any of the provisions of section 10, section 11, section 12 or section 24 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 sub-section (1) of section 7 or sub-sections (1) and (2) of section 8 shall be punishable with imprisonment which may extend to two years and with fine.

  (3) No court inferior to that of a Magistrate of the First Class shall try any offence punishable under this Act.

  (4) 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.

  
  

  S.26 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, 1898 (5 of 1898) and the Controller shall be deemed to be a magistrate under the said Code for the purposes of such recovery.

  
  

  S.27 Powers to make rules

  (1) 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 tot al 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 rules 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 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 i
  

  S.28 Repeal and savings

  (1) The East Punjab Rent Restriction Act, 1949 (3 of 1949) as amended from time to time as in force in the areas comprised in Himachal Pradesh immediately before 1st November, 1966 and the East Punjab Urban Rent Restriction Act, 1949 (3 of 1949) as amended from time to time in its application to the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 are hereby repealed.

  (2) Notwithstanding such repeal, all suits and other proceedings under the said Acts pending, at the commencement of this Act, before any court or other authority shall be continued and disposed of in accordance with the provisions of the said Acts, as if the said Acts had continued in force and this Act had not been passed:

  Provided that section 4 shall be applicable to all pending suits and proceedings for the fixation of fair rent or eviction against widows, [widowers,] minor sons or unmarried daughters of any tenant and all such suits and proceedings shall be di
  

  S.1 Short title, extent and commencement

  (1) This Act may be called the Himachal Pradesh Urban Rent Control Act, 1971.

  (2) It extends to all urban areas in Himachal Pradesh.

  (3) It shall come into force at once.

  
  

  S.2 Definitions

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

  • (a) "building" means any building or part of a building let for any purpose whether being actually used for that purpose or not, including any land, godowns, out-houses, or furniture let there-with but does not include a room in a hotel 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 sublets any building or rented land in the manner hereinafter authorised and every person from time to time deriving title under a landlord;
  • (d) "non-residential building" means a bu
    

  S.3 Exemption

  (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.

  
  

  S.4 Section 4

  (1) Notwithstanding anything contained in any other law, it shall be lawful after the death of tenant for his widow and if the tenant is the wife, the widower, to retain possession of the building or rented land as tenant of a landlord till she dies or remarries, and in the case of the widower till he dies, on the same terms and conditions on which the tenancy was held by her husband and in the case of the widower, the wife, and all the provisions of this Act shall apply to such a case.

  (2) After the death or remarriage of the widow or the death of the widower or whereafter the death of a tenant there is no widow or widower, then in such a case notwithstanding anything contained in any other law, it shall be lawful for minor sons or daughters of such a tenant to retain possession of the building or rented land of the landlord till the age of majority or the sons or till the daughters get married, on the same terms and conditions on which the tenancy was held by their father
  

  S.5 Determination of fair rent

  (1) The Controller shall on application by the tenant or landlord of a building or rented land fix the fair rent for such building or rented land after holding such inquiry as the Controller thinks fit.

  (2) In determining the fair rent under this section, the Controller shall fix a basic rent taking into consideration:-

  • (a) the prevailing rates of rent in the locality for the same or similar accommodation in similar circumstances during the twelve months prior to the 15th August, 1947: and
  • (b) the rental value of such building or rented land if entered in property tax assessment register of the municipal corporation, municipal town, notified area committee or cantonment board, as the case may be, prevailing at the time mentioned in clause (a).

  (3) In fixing the fair rent of a residential building the Controller may allow, if the basic rent-

  • (i) in the case of a building in existence before the 15th day of August, 1947,-