The Punjab Rent Act, 1995
[Act No. 13 of 2012]
An Act to provide for the regulation of
rents, repairs and maintenance and eviction relating to premises and matters
connected therewith in the State of Punjab.
Be it enacted by the Legislature of the
State of Punjab in the Forty-sixth Year of the Republic of India as follows :-
Section - 1. Short title, extent, application and commencement.?
(1)
This Act may be called the Punjab Rent Act, 1995.
(2)
It extends to all urban areas of Punjab, but
nothing herein contained shall be deemed to affect the regulation of house
accommodation in any cantonment area.
(3)
It shall be applicable to all the residential and
non-residential buildings.
(4)
It shall come into force on such date as the State
Government may specify in this behalf in the Official Gazette.
CHAPTER
I
Preliminary
Section - 2. Definitions.?
In this Act, unless the context
otherwise requires, -
(a)
["Appellate
Authority" means the Appellate Authority appointed under sub-section
(1) of section 50 of this Act; and]
(b)
[***]
(c)
"Landlord" means a person who, for
the time being is receiving or is entitled to receive the rent of any premises,
whether on his own account or on account of or on behalf of, or for the benefit
of any other person or as a trustee, guardian or receiver for any other person
or who would so receive the rent or be entitled to receive the rent, if the
premises were let to a tenant;
(d)
"lawful increase" means an increase
in the rent permitted under the provisions of this Act;
(e)
[***]
(f)
"non-residential premises" means
premises being used solely for the purpose of business or trade;
"Provided" that
residence in premises only for the purpose of guarding it shall not be deemed
to convert a "non-residential premises" to a
"residential premises";
(g)
"Premises" means any building or
part of a building which is or is intended to be let separately, for use as a
residence or for non- residential use or for any other purpose, and includes, -
(i)
the garden ground and out-houses, if any,
appurtaining to such building or part of building but does not include the
upper side of roof (Terrace);
(ii)
any fittings to such building or part of the
building for the more beneficial enjoyment thereof;
(h)
"prescribed" means prescribed by
rules made under this Act;
(i)
"Rent Authority" means an authority
appointed under sub-section (1) of Section 36 and includes an additional Rent
Authority appointed under sub-section (2) of that section;
(j)
"residential premises" means any
building which is not non- residential premises;
(k)
[***.]
(l)
"SCF" means a Shop-cum-Flat but the
shop and flat will be treated as two separate premises i.e. shop as
non-residential or commercial building and flat as residential building. In
case of composite rent agreement the rent for residential premises will be
treated equal to one-third of total rent.
(m)
"tenant" means any person by whom or
on whose account or behalf the rent of any premises is or, but for special
contract, would be payable, and include, -
(i)
a sub-tenant;
(ii)
any person continuing in possession after the
termination of his tenancy, but does not include -
(I)
any person against whom an order or decree for
eviction has been made, except where such decree or order for eviction is
liable to be re- opened;
(II)
any person to whom a licence as defined in section
52 of the Indian Easements Act, 1882, has been granted;
(n)
[***]
(o)
"urban area" means any area
administered by a Municipal Corporation, Municipal Council, Nagar Panchayat, or
a Cantonment Board or any area declared by the State Government, by
notification in the Official Gazette, to be urban for the purposes of this Act.
Section - [6][3. Premises exempted from the operation of the Act.?
(1)
Nothing in this Act shall apply,-
(a)
to any premises let out before the commencement of
this Act;
(b)
to any premises belonging to or let out to the
State Government or the Government of India or a local authority;
(c)
to any premises constructed on or after the
commencement of this Act, for a period of fifteen years from the date of
completion of construction;
Explanation
I. - The expression "date of completion of construction" shall
mean the date of completion as intimated to the concerned authority or of
assessment to property tax. whichever is earlier, and, where the premises has
been constructed in stages, the date on which the initial building was
completed and an intimation thereof was sent to the concerned authority or was
assessed to property tax, whichever is earlier.
Explanation
II. - The expression "premises constructed" shall include-
(i)
re-building of more than seventy five per cent of
an existing building; and
(ii)
additional construction to an existing building;
(d)
to any premises let out to citizens of a foreign
country or an embassy, high commission, legation or commission of a foreign
State or such international organization, as may be specified by the State
Government, by notification in the Official Gazette;
(e)
to any premises belonging to such religious,
charitable or education trust or class of trusts, as may be specified by the
State Government, by notification in the Official Gazette;
(f)
to any premises let out by a hire-purchaser, lessee
or sub-lessee (by whatever name called), who has been allotted such premises by
the Punjab Urban Development Authority or any other local authority by way of
an agreement of hire-purchase, lease or sub-lease, even before the full
ownership rights accrue to such hire-purchaser, lessee or sub-lessee, as the
case may be.
(2)
for non-residential premises, contract
renting shall be admissible during the subsisting period of contract. Such
premises shall be governed by the conditions of the contract and litigation
under any other law shall not be permissible. A landlord violating the
conditions laid down in the contract and agreed to by the parties shall not be
entitled for rent for the period of violation and if the tenant violates the
conditions, he shall be liable to pay double the rent for the period, in
question, in addition to immediate dispossession through the Rent Authority.]
Section - 4. Registration of tenancy agreement.?
(1)
Notwithstanding anything contained in section 107
of the Transfer of Property Act, 1882, no person shall, after the commencement
of this Act, let or take on rent any premises except by an agreement in
writing.
(2)
[[Notwithstanding
anything contained in the Registration Act, 1908 (16 of 1908), every agreement
referred to in sub-section (1) shall be in the Form specified in Schedule I
appended to this Act and shall be registered under and in accordance with the
provisions of the Registration Act 1908 by the authority specified thereunder,
on payment of registration fee of rupees one thousand.]]
Section - 5. Inheritability of tenancy.?
(1)
In the event of death of a tenant, the right of
tenancy shall devolve for a period of ten years from the date of his death to
his successors in the following orders, namely :-
(a)
Spouse;
(b)
Son or daughter or where there are both son and
daughter both of them;
(c)
Parents; and
(d)
Daughter-in-law, being the widow of his
pre-deceased son :
Provided that the successor has
ordinarily been living 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 such successor or his spouse
or any of his dependent son or daughter is owning or occupying a residential
premises in the same urban area.
(2)
If a person, being a successor specified in
sub-section (1), was ordinarily living in the premises with the deceased tenant
but was not dependent on him on the date of his death, or he or his spouse or
any of his dependent son or daughter is owning or occupying a residential
premises in the same urban area, such successor shall acquire a right to
continue in possession as a tenant for a limited period of one year from the
date of death of the tenant and, on the expiry of that period, or on his death,
whichever is earlier, the right of such successor to continue in possession of
the premises shall become extinguished.
Explanation. - For the removal of
doubts, it is hereby declared that -
(a)
where, by reason of sub-section (2), the right of
any successor to continue in possession of the premises become extinguished,
such extinguishment shall not affect the right of any other successor of the
same category to continue in possession of the premises but if there is no
other successor of the same category, the right to continue in possession of
the premises, shall not, on such extinguishment, pass on to any other successor
specified in any lower category or categories, as the case may be.
(b)
the right of every successor, referred to in
sub-section (1) to continue in possession of the premises shall be personal to
him and shall not, on the death of such successor, devolve on any of his heirs.
(3)
Nothing in sub-section (1) or sub-section (2) shall
apply to a non- residential premises and the vacant possession of such premises
shall be delivered to the landlord within one year, -
(i)
of the death of the tenant, in case the tenant is
an individual;
(ii)
of the dissolution of the firm, in case the tenant
is a firm;
Explanation. - If all the partners of the firm
as on the date of hiring the premises leave the firm, it shall be deemed that
the firm stands dissolved.
(iii)
of the winding up of the company, in case the
tenant is a "company", as defined in the Companies Act, 1956.
(iv)
of the dissolution of the corporate body other than
a company in case the tenant is such a corporate body.
CHAPTER
II
Rent
Section - [9][6. payable rent .?
The Rent payable
in relation to the premises shall be agreed rent between the landlord and the
tenant:
Provided that
the agreed rent shall be increased by five per cent of the last rent for two
years and third year increase shall be based upon the increase in the Consumer
Price index over the corresponding three years.
Example. -
If the Consumer Price Index increases by eighteen per cent in three years, the
rent for the fourth year shall be the rent for the first year multiplied by one
point eighteen. This cycle shall continue.]
Section ? 7.
[***]
Section - 8. Other charges payable.?
(1)
A tenant shall be liable to pay to the landlord,
besides the rent, the following charges, namely :-
(a)
maintenance charges at the rate of ten per cent of
the rent; and
(b)
without prejudice to the liability of the landlord
to pay the property tax to the local authority, the pro rata property tax in
relation to the premises.
Explanation. - For the purpose of
calculating the monthly charges payable by the tenant to the landlord towards
the property tax, the amount paid or payable as tax for the immediately
preceding year or the estimated tax payable shall form the basis.
(2)
The landlord shall be entitled to recover from the
tenant the amount paid by him towards charges for electricity or water consumed
or other charges levied by a local or other authority which is ordinarily
payable by the tenant.
Section - 9. Revision of rent in certain cases.?
(1)
[Where a landlord has, at any time,
with or without the approval of the tenant, incurred expenditure for any
improvement, addition or structural alteration in the premises not being
expenditure on decoration or tenantable reparis necessary or usual for such
premises, and the cost of that improvement, addition or alteration has not been
taken into account in determining the rent of the premises, the landlord may
lawfully increase the rent per year by an amount not exceeding ten per cent of
such cost.]
(2)
Where, after the rent of a premises has been fixed
under this Act, or agreed upon, as the case may be, there has been a decrease,
diminution or deterioration of accommodation in such premises, the tenant may
claim reduction in the rent.
Section - 10. Notice of revision of rent.?
(1)
Where a landlord intends to revise the rent of any
premises under sub-section (1) of section 9, he shall give to the tenant a
notice in Form as specified in Schedule V to this Act, of his intention to make
the revision and, in so far as such revision is lawful under this Act, it shall
be due and
recoverable from the date of improvement, addition or structural alteration.
(2)
Every notice under sub-section (1) shall be in
writing signed by or on behalf of the landlord and given in the manner provided
in section 106 of the Transfer of Property Act, 1882.
(3)
[***]
(4)
For example, if the Consumer Price Index increases
by eighteen per cent in three years, the rent for the fourth year shall be the
rent for the first year multiplied by one point eighteen. The cycle will
continue.
Section ? [13][11. and 12.
***.]
Section - 13. Receipt to be given for rent paid.?
(1)
Every tenant shall pay rent and other charges
payable to the landlord within the time fixed by contract or in the absence of
such stipulation, by the fifteenth day of the month next following the month
for which it is payable and where any default occurs in the payment of rent or
other charges, the tenant shall be liable to pay simple interest at the rate of
fifteen per cent per annum from the date on which such payment of rent and
other charges payable is due to the date on which it is paid.
(2)
Every tenant who makes payment of rent or other
charges payable or advance towards such rent or other charges to his landlord
in cash 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 :
Provided
that it shall be open to the tenant to remit the rent to his landlord by postal
money order.
(3)
If the landlord or his authorised agent refuses or
neglects to deliver to the tenant the receipt referred to in sub-section (2),
the Rent Authority 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 or other charges paid by the tenant and the
costs of the application and shall also grant a certificate to the tenant in
respect of the rent or other charges paid.
(4)
If the landlord supplies the particulars of his
bank account the tenant shall deposit the rent and other charges payable in
such bank account as and when due.
Section - 14. Deposit of rent by tenant.?
(1)
Where the landlord does not accept any rent and
other charges payable tendered by the tenant within the time and the manner
referred to in section 13 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 and other charges are payable, the tenant may deposit such rent
and other charges payable with the Rent Authority according to the provisions
of sub-section (2) below.
(2)
The deposit shall be accompanied by an application
by the tenant containing the following particulars, namely :-
(a)
the premises for which the rent and other charges
payable are deposited with a description sufficient for identifying the
premises;
(b)
the period for which the rent and other charges
payable are deposited;
(c)
the name and address of the landlord or the person
or persons claiming to be entitled to such rent and other charges payable; and
(d)
the reasons and circumstances for which the
application for depositing the rent and other charges payable is made.
(3)
If an application is made for the withdrawal of any
deposit of rent and other charges payable, the Rent Authority shall, if
satisfied that the applicant is the person entitled to receive the rent and
other charges deposited, order the amount of the rent and other charges to be
paid to him :
Provided that no order for payment of
any deposit of rent and other charges payable shall be made by the Rent
Authority under this sub-section without giving all the persons named by the
tenant in his application under sub-section (2) as claiming to be entitled to
payment of such rent and other charges payable, an opportunity of being heard
and such order shall be without prejudice to the rights of such persons to receive
such rent and other charges payable being decided by a court of competent
jurisdiction.
(4)
If at the time of filing the application under
sub-section (3) 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 and other charges payable complains or complain to the
Rent Authority that the statements in the tenant's application of the reasons
and circumstances which led him to deposit the rent and other charges payable
are untrue, the Rent Authority, 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 and if the Rent Authority is satisfied that the said
statements were materially untrue it may order that a sum out of the fine
realised be paid to the landlord as compensation.
(5)
The Rent Authority 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 to two months' rent and if
the Rent Authority is satisfied that the landlord without any reasonable cause,
refused to accept rent and other charges payable though tendered to him within
the time referred to in section 13 it may further order that a portion of the
fine realised be paid to the tenant as compensation.
Section - 15. Time limit for making deposit and consequences of incorrect particulars in application for deposit.?
(1)
No rent and other charges deposited under section
14 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 13 for payment of the rent and other charges payable and intimation to
that effect with full particulars has been sent to the landlord. Non-intimation
to the landlord shall render the deposit 'Invalid'.
(2)
No such deposit shall be considered to have been
validly made, if the tenant wilfully makes any false statement in his
application for depositing the rent and other charges payable unless the
landlord has withdrawn the amount deposited before the date of filing an
application for the recovery of possession of the premises from the tenant.
(3)
If the rent and other charges payable are deposited
within the time specified in sub-section (1) and do not cease to be a valid
deposit for the reasons specified in sub-section (2), the deposit shall
constitute payment of rent and other charges payable to the landlord, as if the
amount deposited has been validly tendered.
Section - 16. Saving as to acceptance of rent and other charges payable and forfeiture in deposit.?
(1)
The withdrawal of rent and other charges payable
deposited under section 14 in the manner provided therein shall not operate as
an admission against the person withdrawing it of the correctness of the rate
of rent and other charges payable for the period of default, the amount due or
of any other facts stated in the tenant's application for depositing the rent
and other charges payable under the said section.
(2)
Any rent and other charges payable in deposit which
are not withdrawn by the landlord or by the person or persons entitled to
receive such rent and other charges payable shall be forfeited to Government by
an order made by the Rent Authority, if they are not withdrawn before the
expiration of five years from the date of receiving the intimation of deposit.
(3)
Before passing an order of forfeiture, the Rent
Authority shall give notice to the landlord or the person or persons entitled
to receive the rent and other charges 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.
CHAPTER
III
Repairs of Premises
Section - 17. Duties of landlord.?
(1)
Subject to the contract in writing to the contrary
every landlord shall be bound to keep the premises in good and tenantable
repairs in relation to matters falling under Part A of Schedule II to this Act.
Explanation. - The expression
"Good and tenantable repairs" under this section and section 18 shall
mean such repairs as shall keep the premises in the same condition in which it
was let out except for the normal wear and tear.
(2)
Where any repairs, in relation to a matter falling
under Part A of Schedule II to this Act without which the premises are not
habitable or useable except with undue inconvenience are to be made and the
landlord neglects or fails to make them within a period of three months after
notice in writing, the tenant may apply to the Rent Authority for permission to
make such repairs himself and may submit to the Rent Authority an estimate of
the cost of such repairs and, thereupon the Rent Authority may, after giving
the landlord an opportunity of being heard and after considering such estimate
of the cost and making such inquiries as it 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 make
such repairs himself and to deduct the cost thereof, which shall in no case
exceed the amount so specified, from the rent or otherwise recover it from the
landlord :
Provided that the amount so deducted or
recoverable from rent in any year shall not exceed one-half of the rent payable
by the tenant for that year and any amount remaining not recovered in that year
shall be deducted or recovered from rent in the subsequent years at the rate of
not more than twenty-five per cent of the rent for a month :
Provided further that where there are
more than one premises owned by a landlord in a building, the tenants thereof
may jointly carry out the repairs and share the expenses proportionately.
(3)
Nothing in sub-section (2) shall apply to a
premises which, -
(a)
at the time of letting out was not habitable or
useable except with undue inconvenience and the tenant had agreed to take the
same in that condition;
(b)
after being let out was caused to be not habitable
or useable except with undue inconvenience by the tenant.
Section - 18. Duties of tenant.?
(1)
Every tenant shall be bound to keep the premises in
good and tenantable repairs in relation to the matters falling under Part B of
Schedule II to this Act.
(2)
Where any repairs, in relation to a matter falling
under Part B of Schedule II to this Act without which the premises are not
habitable or usable except with undue inconvenience, are to be made and the
tenant neglects or fails to make them within a period of sixty days after
notice in writing, the landlord may apply to the Rent Authority for permission
to make such repairs himself and may submit to the Rent Authority an estimate
of the cost of such repairs, and, thereupon, the Rent Authority may, after
giving the tenant an opportunity of being heard and after considering such
estimate of the cost and making such enquiries as he may consider necessary, by
an order in writing, permit the landlord to make such repairs at such cost as
may be specified in the order, and it shall thereafter be lawful for the
landlord to make such repairs himself and to recover the cost of such repairs,
which shall in no case exceed the amount so specified, from the tenant.
(3)
The landlord or a person authorised by him shall
have the right to enter and inspect the premises after notice to the tenant in
the Form specified in Schedule VI to this Act.
(4)
The tenant shall make good all damages caused to
premises by his negligence within ninety days of being informed in writing to
do so by the landlord failing which the landlord may apply to the Rent
Authority for permission to make good the said damages and the Rent Authority
shall decide the matter in the manner provided in sub-section (2).
(5)
The tenant shall hand over the possession of the
premises on termination of tenancy in the same condition, except for the normal
wear and tear, as it was when it was handed over to him at the beginning of
such tenancy and in a case where certain damages have been caused, not being
damages caused by war, act of God or disturbances, the tenant shall make good
the damages caused to the premises failing which the landlord may apply to the
Rent Authority for permission to make good the said damages and the Rent
Authority shall decide the matter in the manner provided in sub-section (2).
(6)
The tenant shall not, whether during the
subsistence of tenancy or thereafter, demolish any improvement or alteration,
carried out by him in the premises or remove any material used in such
improvement or alteration, other than any fixture of a removable nature, without
the permission of the landlord failing which such demolition or alteration
shall be deemed to be a damage caused by such tenant under sub-section (4) and
shall be dealt with accordingly.
Section - 19. Cutting off or withholding essential supply or service.?
(1)
No landlord or tenant either by 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
or landlord, as the case may be, in respect of the premises let to him, or,
under his own occupation.
(2)
If a landlord or a tenant contravenes the
provisions of sub-section (1), the tenant or the landlord, as the case may be,
may make an application to Rent Authority complaining of such contravention.
(3)
If the Rent Authority is satisfied that the
essential supply or service was wilfully cut off or withheld, it may pass an
order directing the restoration of the amenities immediately pending the
inquiry referred to in sub-section (4):
Provided
that interim order may be passed under this sub-section without giving notice
to the landlord or the tenant, as the case may be.
(4)
If the Rent Authority on inquiry finds that the
essential supply or service enjoyed by the tenant or landlord was cut off or withheld
by the landlord or the tenant, as the case may be, wilfully and without just
and sufficient cause, he shall make an order directing the restoration of such
supply or service.
(5)
The Rent Authority shall complete an enquiry under
sub-section (4) within a period of thirty days of filing of an application for
enquiry unless the Rent Authority, for reasons to be recorded in writing,
decides that it is not possible to complete the enquiry within such period.
(6)
The Rent Authority may, in his discretion, direct
that compensation not exceeding one thousand rupees be paid to, -
(a)
the landlord or the tenant, as the case may be, by
the complainant if the application under sub-section (2) was made frivolously
or vexatiously;
(b)
the complainant, if the landlord or the tenant, as
the case may be, had cut off or withheld the supply or service without just and
sufficient cause.
Explanation. - In this section the
expression "essential supply or service" shall include supply of
water, electricity, lights in passages and on staircases, conservancy and
sanitary services.
Explanation. - For the purposes of
this section, withholding any essential supply or service shall include acts or
commissions attributable to the landlord or the tenant, as the case may be, on
account of which the essential supply or service is cut off by a local
authority or any other agency.
CHAPTER
IV
Protection of Tenants Against Eviction
Section - 20. Protection of tenants against eviction.?
(1)
Notwithstanding anything to the contrary contained
in any other law or contract, no order or decree for the recovery of possession
of any premises shall be made by any court, [***] or
Rent Authority in favour of the landlord against any tenant, save as provided
in sub-section (2).
(2)
The Rent Authority may, on an application made to
it in the form specified in Schedule XII to this Act make an order for the
recovery of possession of any premises on one or more of the following grounds
only, namely :-
(a)
that the tenant has neither paid nor tendered the
whole of the arrears of the rent and other charges payable for three or more
consecutive months legally recoverable from him within two months of the date
on which a notice in the Form specified in Schedule VII to this Act, of demand
for the arrears of such rent and other charges payable and interest at the rate
of fifteen per cent, for the period of default has been served on him by the
landlord in the manner
provided in section 106 of the Transfer of Property Act, 1882 :
Provided that a tenant shall not be entitled to the
benefit of service of notice by the landlord under this clause where having
obtained such benefit once in respect of any premises, he again makes a default
in the payment of rent and other charges payable in respect of those premises;
(b)
that the tenant has used the premises for a purpose
other than that for which they were let;
(c)
that the premises were let for use as a residence
and, -
(d)
neither the tenant nor any member of his family has
been residing therein for a period of six months;
Explanation. - For the purposes of
this clause and clause (q), "family" means parents, spouse, dependent
sons and daughters or such other relatives as are ordinarily living with the
tenant and are dependent upon him;
(e)
that the premises or any part thereof have become
unsafe or unfit for human habitation and are required by the landlord for
carrying out repairs or reconstruction which cannot be carried out without the
premises being vacated :
Provided that no order for the recovery
of possession under this clause, clause (f), clause (g) and clause (h) shall be
made unless the Rent authority is satisfied that the plans and estimates of
such repairs or re- construction, as the case may be, have been properly
prepared and that the landlord has the necessary means to carry out the said
repairs or re- construction :
Provided further that if the landlord
proposes to change the use of the premises after re-construction, then, he
shall so specify in his application for recovery of possession and, after such
re-construction, the landlord shall if it is otherwise permissible under law,
utilize the built up area equal to the previous area for the original use to
the extent required for the purpose of sub-section (i) of section 30 and the
rest for any other use;
(f)
that the premises or any part thereof are required
by the landlord for the purpose of immediate demolition ordered by the
Government or any local authority or the premises are required by the landlord
to carry out any building work at the instance of the Government or local authority
in pursuance of any improvement scheme or development scheme and that such
building work cannot be carried out without the premises being vacated;
(g)
that the premises or any part thereof are required
by the landlord for carrying out any repairs which cannot be carried out
without the premises being vacated;
(h)
that the premises are required by the landlord for
the purpose of building or re-building or making thereto any substantial
addition or alteration including construction on the terrace or on the appurtenant
land and that such building or re-building or addition or alteration cannot be
carried out without the premises being vacated;
(i)
that the premises consist of not more than two
floors and the same are required by the landlord for the purpose of immediate
demolition with a view to re-build the same :
Provided that where the building of
which such premises or premises possession in respect of which has been
recovered under clause (d), clause (e), clause (f) or clause (g) forms a part
has been re-built to an extent of less than seventy-five per cent, a tenant so
dispossessed shall have a right to re-entry at the new terms of tenancy in a
premises in the re-built building equivalent in area to the original premises
for which he was a tenant;
(j)
that the tenant, his spouse or a dependent son or
daughter ordinarily living with him has, [***],
built or acquired vacant possession of or been allotted a residence on
hire-purchase basis :
Provided that the Rent Authority may in
appropriate cases allow the tenant to vacate the premises within such period as
he may permit but not exceeding three months from the date of passing of orders
of eviction or one year from the date of getting possession of premises
referred to in sub- section (1) above.
(k)
that the premises were let to the tenant for use as
a residence by reason of his being in the service or employment of the
landlord, and that the tenant has ceased, [***],
to be in such service or employment :
Provided that no order for the recovery
of possession of any premises shall be made on this ground if the Rent
Authority is of the opinion that there is any bona fide dispute as to
whether the tenant has ceased to be in the service or employment of the
landlord;
(l)
that the tenant has, [***],
caused or permitted to be caused substantial damage to or such alteration of
the premises as has the effect of changing its identity or diminishing its
value.
Explanation. - For the purposes of
this clause, "substantial damage" shall mean such damage as shall
involve an expenditure equivalent to six months' rent or more, of the premises
or such less expenditure as the Rent Authority is satisfied, keeping in view,
the special nature of damage, justify the same to be treated as substantial
damage for carrying out the repairs for such damage:
Provided that no order for the recovery
of possession of any premises shall be made on the ground specified in this
clause, if the tenant, within such time as may be specified in this behalf by
the Rent Authority, carries out repairs to the damage caused to the
satisfaction of the Rent Authority or pays to the landlord such amount by way
of compensation as the Rent Authority may direct;
(m)
that the tenant or any person residing with the
tenant has been convicted of causing nuisance or annoyance to a person living
in the neighbourhood of the premises or has been convicted of using or allowing
the use of the premises for an immoral or illegal purpose.
(n)
that the tenant has, used or dealt with the
premises in a manner contrary to any condition imposed on the landlord by the
Government, while giving him a lease of the land on which the premises are
situated :
Provided that no order for the recovery
of possession of any premises shall be made on this ground if the tenant,
within such time, as may be specified in this behalf by the Rent Authority,
complies with the condition imposed on the landlord by any of the authority
referred to in this clause;
(o)
that the tenant in his reply having denied the
ownership of landlord has failed to prove it or that such denial was not made
in a bona fide manner;
(p)
that the person in occupation of the premises has
failed to prove that he is a bona fide tenant;
(q)
that the tenant after having agreed with or having
informed the landlord in writing the date to vacate the premises does not do so
on or after the date so agreed or informed;
(r)
that the premises let for residential or
non-residential purposes are required, whether in the same form or after
re-construction or re- building, by the landlord for occupation for residential
or non-residential purpose for himself or for any member of his family if he is
the owner thereof, or for any person for whose benefit the premises are held
and that the landlord or such person has no other reasonably suitable
accommodation :
Provided that where the landlord has
acquired the premises by transfer no application for the recovery of possession
of such premises shall lie under this clause unless a period of three years has
elapsed from the date of the acquisition :
Provided further that where an order
for the recovery of possession of any premises is made on the ground specified
in this clause, the landlord shall be entitled to obtain possession thereof on
the expiration of a period of three months from the date of passing of eviction
order.
Explanation I. - For the purposes
of this clause, where the landlord in his application supported by an affidavit
submits that the premises are required by him for occupation for himself or for
any member of his family dependent on him, the Rent Authority shall presume
that the premises are so required;
Explanation II. - For the purposes
of this clause of section 21, section 22, section 23 or section 24, an
occupation by the landlord of any part of a building of which any premises let
out by him forms a part, shall not disentitle him to recover the possession of
such premises.
Explanation III. - For the
purposes of this clause "owner of the premises" includes a person who
has been allotted such premises by the Punjab Housing Development Board or any other
local authority by way of an agreement of hire-purchase, lease or sub-lease,
even before the full ownership rights accrue to such hire-purchaser, lessee or
sub-lessee, as the case may be.
(3)
In any proceedings for eviction under clause (d),
(e), (f), (g) or (q) of sub-section (2) of this section or section 21 or
section 22 or section 23 or section 24, the Rent Authority may allow eviction
from only a part of the premises if the landlord is agreeable to the same :
Provided that, in case of such part-eviction,
the rent and other charges payable by the tenant shall be decreased in
proportion to the part vacated.
(4)
No order for the recovery of possession in any
proceedings under sub- section (2) shall be binding on any sub-tenant referred
to in section 27 who has given notice of his sub-tenancy to the landlord under
the provisions of that section, unless the sub-tenant is made a party to the
proceedings and the order for eviction is made binding on him.
Section - 21. Right to recover immediate possession of premises to accrue to certain persons.?
(1)
Where a person in occupation of any residential
premises allotted to him by the Government or any local authority is required
by, or in pursuance of, any general or special order made by that Government or
authority, to vacate such residential accommodation, or in default to incur
certain obligations, on the ground that he or his spouse or his dependent son
or daughter, as the case may be, owns, in the concerned local authority
residential accommodation, there shall accrue, on and from the date of such
order, to such person, his spouse or his dependent son or daughter as the case
may be, 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
possession of any premises let out by him, his spouse or his dependent son or
daughter, as the case may be :
Provided
that nothing in this section shall be construed as conferring a right on such
person, his spouse or his dependent son or daughter, as the case may be, owning
in the concerned local authority two or more dwelling houses, to recover the
possession of more than one dwelling house and it shall be lawful for such
person, his spouse or his dependent son or daughter, as the case may be, to
indicate the dwelling house possession of which he intends to recover.
Explanation. -
For the purpose of this sub-section, sections 22, 23 and 24 immediate possession
shall mean possession recoverable on the expiry of sixty days from the date of
order of eviction.
(2)
Where a landlord exercises the rights of recovery
conferred on him by sub-section (1) or sections 22, 23 or 24 and he had
received, -
(a)
any advance from the tenant, he shall, on the date
of recovery of possession of the premises by him, refund to the tenant such
amount :
Provided 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 fifteen per cent per annum on the amount which he has
failed to refund :
Provided further that it shall be
permissible for the landlord to set off any amount which he is lawfully
entitled to recover from tenant against the refund due to the tenant.
Section - 22. Right to recover immediate possession of premises to accrue to members of armed forces.?
(1)
Where a person -
(a)
is a released or retired person from any armed
forces and the premises let out by him, his spouse or his dependent son or
daughter, as the case may be, are required for his own residential or
non-residential use;
(b)
is a dependent or a member of any armed forces who
had been killed in action and the premises let out by such member are required
for the residential or non-residential use of the family of such member, such
person, his spouse or his dependent son or daughter, as the case may be, may,
within one year from the date of his release or retirement from such armed
forces or, as the case may be, the date of death of such member, or within a
period of one year from the date of commencement of this Act, whichever is
later, apply to the Rent Authority for recovery of immediate possession of such
premises.
(2)
Where a person is a member of any of the armed
forces and has a period of less than one year preceding the date of his
retirement and the premises let out by him, his spouse or his dependent son or
daughter, as the case may be, are required for his own residential or
non-residential use after his retirement, he, his spouse or his dependent son
or daughter, as the case may be, may at any time within a period of one year
before the date of his retirement, apply to the Rent Authority for recovery of
immediate possession of such premises.
(3)
Where the person, his spouse or his dependent son
or daughter referred to in sub-section (1) or sub-section (2) has let out more
than one premises, it shall be open to him, his spouse or his dependent son or
daughter, as the case may be, to make an application under the said
sub-sections in respect of one premises, each for residential and
non-residential purposes.
Section - 23. Right to recover immediate possession of premises to accrue to Central and State Government employees.?
(1)
Where a person is a retired employee of the Central
Government or of a State Government and the premises let out by him, his spouse
or his dependent son or daughter are required for his own residential or
non-residential use, such employee, his spouse or his dependent son or
daughter, as the case may be, may within one year from the date of his
retirement or within a period of one year from the date of commencement of this
Act, whichever is later, apply to the Rent Authority for recovery of immediate
possession of such premises.
(2)
Where a person is an employee of the Central Government
or of a State Government and has a period of less than one year preceding the
date of his retirement and the premises let out by him or his spouse or
dependent son or daughter are required by him for his own residential or
non-residential use after his retirement, he, his spouse or his dependent son
or daughter, as the case may be, may at any time within a period of one year
before the date of retirement apply to the Rent Authority for recovery of
immediate possession of such premises.
(3)
Where the person, his spouse or his dependent son
or daughter referred to in sub-section (1) or in sub-section (2) has let out
more than one premises, it shall be open to him, his spouse or his dependent
son or daughter, as the case may be, to make an application under the said
sub-sections in respect of one premises for such residential and non-
residential purposes.
Section - [18][24. Right to recover immediate possession of premises to accure to widows, handicapped persons, old persons freedom fighters and non-resident Indians.?
(1)
Where the landlord is, -
(a)
a widow and the premises let out by her, or her
husband; or
(b)
a handicapped person and the premises let out by
him or her; or
(c)
a person who is of the age of sixty-five years or
more and the premises let out by him or her; or
(d)
a freedom fighter, his widow or dependent son or
daughter and the premises let out by him or her;
(e)
is required by him or her for his or
her family or for any one ordinarily living with him or her for residential or
non-residential use, he or she may apply to the Rent Authority for recovery of
immediate possession of such premises.
(2)
Where the landlord referred to in
sub-section (1) has let out more than one premises, it shall be open to him or
her to make an application under that sub-section in respect of any one
residential and one non-residential premises each chosen by him or her.
Explanation
I. - For the purposes of this section "handicapped person" shall
mean a person who is, as being an assessee, entitled for the time being to the
benefits of deduction under section 80U of the Income Tax Act, 1961.
Explanation
II. - The right to recover possession under this section shall be
exercisable only once in respect of each for residential and for
non-residential use.
(3)
Where and owner is a non-resident
Indian and returns to India for permanent residence, he or she may apply to the
Rent Authority for recovery of immediate possession of residential or/and
non-residential premises let out by him or her on or prior to the commencement
of this Act, which are required for his or her use, or for the Use of any one
ordinarily living with and dependent on him or her.
Explanation. -
"non-resident Indian" means a person of Indian origin, who is either
permanently or temporarily settled outside India, in either case-
(i)
for or on taking up employment outside India; or
(ii)
for carrying on a business or vocation outside
India; or
(iii)
for any other purpose, in such circumstances, as
would indicate his intention to stay outside India for an uncertain period.]
Section - 25. Payment of rent during eviction proceedings.?
(1)
During the proceedings for recovery of possession
under section 20, a tenant shall ensure timely payment of rent and other
charges at the rate at which these were being paid immediately before the
commencement of the proceeding.
(2)
If, in any proceeding for recovery of possession,
there is any dispute as to the amount of rent payable by the tenant, the Rent
Authority shall, within fifteen days of the date of the first hearing of the
proceeding, fix an interim rent and other charges in relation to the premises
to be paid or deposited within one month of the date on which the interim rent
is fixed for such further time as the Rent Authority may allow in this behalf.
(3)
If, in any proceeding for recovery of possession
there is any dispute as to the person or persons to whom the rent is payable
the Rent Authority may direct the tenant to deposit with the Rent Authority the
amount payable by him under sub-section (2) as the case may be, and in such a
case, no person shall be entitled to withdraw the amount in deposit until the
Rent Authority decides the dispute and makes an order for payment of the same.
(4)
If the Rent Authority is satisfied that any dispute
referred to in sub- section (3) has been raised by a tenant for reasons which
are false or frivolous, the Rent Authority may order the defence against
eviction to be struck out and proceed with the hearing of the application.
(5)
If a tenant fails to make payment or deposit as
required by this section, the Rent Authority may order the defence against
eviction to be struck out and proceed with the hearing of the application.
Section - [19][26. Restrictions on sub-letting.?
without the
previous consent, in writing, of the landlord, no tenant shall-
(a)
sub-let the whole or any part of the premises held
as a tenant; or
(b)
transfer of assign his right in the tenancy or any
part thereof.]
Section - 27. Notice of creation and termination of sub-tenancy.?
Where after the commencement of this
Act, any premises are sub-let either in whole or in part by the tenant with the
prior consent in writing of the landlord the tenant or the sub-tenant to whom the premises are sub-let may, in
the prescribed manner, give notice to the landlord of the creation of the
sub-tenancy within one month of the date of such sub-letting and also notify
the termination of such sub-tenancy in the Form specified in Schedule X to this
Act.
Section - 28. Sub-tenant to be tenant in certain cases.?
Where an order for eviction in respect
of any premises is made under section 20 against a tenant but not against a
sub-tenant referred to in section 27 and a notice of the sub-tenancy has been
given to the landlord, the sub-tenant shall, with effect from the date of the
order, be deemed to have become a tenant holding the premises in his occupation
directly under the landlord on the same terms and conditions on which the
tenant would have held from the landlord, if the tenancy had continued.
Section - 29. Recovery of possession for occupation and re-entry.?
(1)
Where a landlord recovers possession of any
premises from the tenant in pursuance of an order made under clause (q) of
sub-section (2) of section 20 or under sections 21, 22, 23, 24 or 31, the
landlord shall not, except with the permission of the Rent Authority obtained
in the Form specified in Schedule IX to this Act, re- let the whole or any part
of the premises within three years from the date of obtaining such possession,
and in granting such permission, the Rent Authority may direct the landlord to
put such evicted tenant in possession of the premises :
Provided that where a landlord recovers
possession of any premises from the tenant in pursuance of an order made under
clause (q) of sub-section (2) of section 20 for occupation after reconstruction
or re building, the period of three years shall be reckoned from the date of
completion of re- construction or re-building, as the case may be.
(2)
Where a landlord recovers possession of any
premises as aforesaid and the premises are not occupied by the landlord or by
the person for whose benefit the premises are held, within two months of
obtaining such possession, or the premises having been so occupied are, at any
time within three years from the date of obtaining possession, re-let to any
person other than the evicted tenant without obtaining the permission of the
Rent Authority under sub- section (1) or the possession of such premises is
transferred to another person for reasons which do not appear to the Rent
Authority to be bona fide, the Rent Authority may, on an application
in the form specified in Schedule XI to this Act, made to him in this behalf by
such evicted tenant, direct the landlord to put the tenant in possession of the
premises on the same terms and conditions if the premises are in the same form
or on new terms and conditions, if the premises have been re-constructed or
re-built.
Section - 30. Recovery of possession for repair.?
(1)
In making any order on the grounds specified in
clause (d), (e), (f), (g) and (h) of sub-section (2) of section 20 the Rent
Authority shall fix the new rent and ascertain from the tenant whether he
elects to be placed in occupation of the premises or part thereof from which he
is to be evicted and if the tenant so elects, shall record the fact of the
election in the order and specify therein the date on or before which he shall
deliver possession so as to enable the landlord to commence the work of repairs
or building or re-building, as the case may be, and the date before which the
landlord shall deliver the possession of the said premises.
(2)
If the tenant delivers possession on or before the
date specified in the order, the landlord shall, on the completion of the work
of repairs of building or re-building, place the tenant in occupation of the
premises or part thereof before the date specified in sub-section (1) or such
extended date as may be specified by the Rent Authority by an order.
(3)
If after, the tenant has delivered possession on or
before the date specified in the order, the landlord fails to commence the work
of repairs or building or re-building within three months of the specified date
the Rent Authority may, on an application made to him in this behalf by the
tenant, within subsequent three months, order the landlord to place the tenant
in occupation of the premises on the same terms and conditions and to pay to
the tenant such compensation as the Rent Authority thinks fit.
(4)
If the tenant has delivered possession on or before
the date specified in the order and the landlord fails to place the tenant in
occupation of the premises after repairs, building or re-building, as the case
may, in accordance with sub-section (2), the Rent Authority may, on an
application in the Form specified in Schedule XI to this Act made to him in
this behalf by the tenant within three months from the date of completion of
work, order the landlord to place the tenant in occupation of the premises on
revised terms and conditions and to pay to the tenant such compensation as the
Rent Authority thinks fit.
Section - 31. Recovery of possession in case of tenancies for limited period.?
(1)
Where a landlord does not require the whole or any
part of any premises for a particular period, and after obtaining the permission
of the Rent Authority in the Form specified in Schedule XIV to this Act lets
the whole of the premises or part thereof as a residence for such period, not
being more than five years, 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 section 20 or in any
other law, the Rent Authority may, on an application made to him in this behalf
by 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.
(2)
The Rent Authority shall not,
(i)
grant permission under sub-section (1) in relation
to a premises consecutively more than two times except for good and sufficient
reasons to be recorded in writing.
Explanation. - The permission
granted under sub-section (1) shall not be construed to be consecutive, if a
period of five years or more has elapsed after the expiry of the last limited
period tenancy
(ii)
entertain any application from the tenant calling
in question the bona fides of the landlord in letting the premises
under this section.
(3)
All applications made before the Rent Authority and
appeals made before the [Appellate
Authority] by the tenant shall abate on the expiry of the period for which
permission has been granted under sub-section (1).
(4)
While making an order under sub-section (1), the
Rent Authority may award to the landlord damages for the use or occupation of
the premises at double the last rent paid by the tenant together with interest
at the rate of fifteen per cent, per annum for the period from the date of such
order till the date of actual vacation by the tenant.
Section - 32. Special provision for recovery of possession in certain cases.?
Where the landlord in respect of any
premises is any company or other body corporate or any public institution, then
notwithstanding anything contained in section 20 or in any other law, the Rent
Authority may, on an application made to him in this behalf by such landlord,
place the landlord in vacant possession of such premises by evicting the tenant
and every other person who may be in occupation thereof, if the Rent Authority
is satisfied that -
(a)
the tenant to whom such premises were let for use
as a residence at a time when he was in the service or employment of the
landlord, has ceased to be in such service or employment and the premises are
required for the use of employees of such landlord; or
(b)
the tenant has acted in contravention of the terms,
express or implied, under which he was authorised to occupy such premises; or
(c)
any other person is in unauthorised occupation of
such premises;
(d)
the premises are required bona fide by
the landlord for the use of employees of such landlord or, in the case of a
public institution, for the furtherance of its activities.
Explanation. - For the purpose of
this section, the expression "public institution" includes any
educational institution, library, hospital and charitable dispensary but does
not include any such institution set up by a private trust.
Section - 33. Permission to construct additional structure.?
(1)
The landlord shall have the right to construct
further storeys on the roof.
(2)
In case the landlord wishes to reconstruct or
renovate a building which is more than twenty-five years old and for which he
has obtained the required sanction from the competent authority for
construction, the tenant shall temporarily vacate the building on being served
with three months' notice. In such a case the old tenant shall get the first
priority for occupation on revised rent as provided for in this Act. The old
tenant shall not be entitled for any other compensation whatsoever.
Section - 34. Special provisions regarding vacant building sites.?
Notwithstanding anything contained in
section 20, where any premises which have been let comprise vacant land upon
which it is permissible under the building regulations or municipal bye-laws
for the time being in force, to erect any building, whether for use as a
residence or for any other purpose and the landlord proposing to erect such
building is unable to obtain possession of the land from the tenant by
agreement with him and the Rent Authority, on an application made to him in
this behalf by the landlord, is satisfied that the landlord is ready and
willing to commence the work and that the severance of the vacant land from the
rest of the premises will not cause undue hardship to the tenant, the Rent
Authority may ?
(a)
direct such severance;
(b)
place the landlord in possession of the vacant
land;
(c)
determine the rent payable by the tenant in respect
of the rest of the premises; and
(d)
make such other order as he thinks fit in the circumstances
of the case.
Section - 35. Vacant possession to landlord.?
Notwithstanding anything contained in
any other law, where the interest of a tenant in any premises is determined for
any reason whatsoever and any order is made by the Rent Authority under this
Act for the recovery of possession of such premises, the order shall subject to
the provisions of Section 28, be binding on all persons who may be in
occupation of the premises and vacant possession thereof shall be given to the
landlord by evicting all such persons therefrom.
CHAPTER
V
Rent Authorities
Section - 36. Appointment of Rent Authorities and Additional Rent Authorities.?
(1)
[The State Government may, by
notification in the Official Gazette, appoint as many Rent Authorities as
it thinks fit and define the limits within which each Rent Authority shall
exercise the powers conferred and perform the duties imposed upon it by or
under this Act; and]
(2)
The [State
Government] may also, by notification in the Official Gazette, appoint as
many additional Rent Authorities as it thinks fit, and an additional Rent
Authority shall perform such of the functions of the Rent Authority as may
subject to the control of the [State
Government] be assigned to him in writing by the Rent Authority and in the
discharge of these functions, an Additional Rent Authority shall have and shall
exercise the same powers and discharge the same duties as the Rent Authority.
(3)
[***]
Section - 37. Powers of Rent Authority.?
(1)
The Rent Authority may, -
(a)
transfer any proceeding pending before him for
disposal to any additional Rent Authority, or
(b)
withdraw any proceeding pending before any
additional Rent Authority and dispose it of itself or transfer the proceeding
for disposal to any other additional Rent Authority.
(2)
The Rent Authority shall have the same powers as
are vested in a Civil Court under the Code of Civil Procedure, 1908, when
trying a suit, in respect of the following matters, namely :-
(a)
summoning and enforcing the attendance of any
person and examining him on oath;
(b)
requiring the discovery and production of
documents;
(c)
issuing commissions for the examination of
witnesses;
(d)
any other matter which may be prescribed,and any
proceeding before the Rent Authority shall be deemed to be a judicial
proceeding within the meaning of section 193 and section 228, and for the
purpose of section 196, of the Indian Penal Code and the Rent Authority shall
be deemed to be a Civil Court for the purpose of section 195 but not for the
purposes of Chapter XXVI of the Code of the Criminal Procedure, 1973.
(3)
For the purposes of holding any inquiry or
discharging any duty under this Act, the Rent Authority may, -
(a)
after giving not less than twenty-four hours'
notice in writing enter and inspect or authorise any officer subordinate to him
to enter and inspect any premises at any time between sunrise and sunset; or
(b)
by written order, require any person to produce for
his inspection all such accounts, books or other documents relevant to the
inquiry at such time and at such place as may be specified in the order.
(4)
The Rent Authority may, if he thinks fit, appoint
one or more persons having special knowledge of the matter under consideration
as an assessor or assessors to advise him on the proceeding before him.
(5)
Any fine imposed by a Rent Authority under this Act
shall be paid by the person fined within such time as may be allowed by the
Rent Authority and the Rent Authority, for good and sufficient reason, may
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, and the
Rent Authority shall be deemed to be a magistrate under the said Code for the
purposes of such recovery.
(6)
[[An
order made by a Rent Authority under this Act, or an order passed in appeal,
shall be executable by a Rent Authority designated by the Appellate Authority
in this behalf and for this purpose the Rent Authority so designated shall have
all the powers of a Civil Court.]]
Section - 38. Procedure to be followed by Rent Authority.?
(1)
No order which prejudicially affects any person
shall be made by the Rent Authority under this Act without giving him a
reasonable opportunity of showing cause against the order proposed to be made
and until his objections, if any, and any evidence he may produce in support of
the same have been considered by the Rent Authority.
(2)
Subject to any rule made under this Act and the
other provisions of this Act, the Rent Authority shall, while holding an
inquiry in any proceeding before him, follow as far as may be the practice and
procedure of a court of small causes, including the recording of evidence.
(3)
The Rent Authority shall not ordinarily allow more
than three adjournments at the request of a party throughout the proceedings
and in case he decides to do so, he shall inform the chairman the reasons
therefor and order to pay the other party the reasonable cost.
(4)
The Rent Authority shall issue summons in relation
to every application under this Act in the form specified in Schedule III to this
Act.
(5)
The Rent Authority shall, in addition to, and
simultaneously with the issue of summons for service on the opposite party,
also direct the summons to be served by registered post, acknowledgement due,
under certificate of posting addressed to the opposite party or his agent
authorised to accept the service at the place where the opposite party or his
agent actually and voluntarily resides or carries on business or personally
works for gain, and shall also direct affixing of the same on the door of the
premises in dispute and gets a manadi in this behalf. This shall
constitute valid service of summons.
(6)
(a) An application under section 19 for cutting off
essential services shall be dealt with in accordance with the procedure
specified in this sub- section.
(b) The Rent Authority shall commence
the hearing of the application within seven days of the filing thereof and
shall dispose of the same within thirty days of starting of such hearing,
failing such commencement of hearing of application within such time, the Rent
Authority shall inform the [Appellate
Authority] the reasons therefor.
(7)
(a) Every application by a landlord for the
recovery of possession of any premises on the ground specified in clause (d) or
clause (e) or clause (g) of sub-section (2) of section 20 or under section 21,
or under section 22 or under section 23 or under section 24 or under section 31
shall be dealt with in accordance with the procedure specified in this
sub-section.
(b) The tenant on whom the summons is
duly served in accordance with sub- section (5) in the Form specified in
Schedule III to this Act shall 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 Rent Authority
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 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.
(c) The Rent Authority shall give to
the tenant leave to contest the application if the affidavit filed by the
tenant discloses such facts as would disentitle the landlord from obtaining an
order for the recovery of possession of the premises.
(d) Where leave is granted to the
tenant to contest the application, the Rent Authority shall ordinarily commence
the hearing of the application within seven days of the grant of such leave and
shall provide day to day hearing and shall dispose of the application within
thirty days of starting of such hearing failing such commencement of hearing or
disposal of application within such time, the Rent Authority shall inform the [Appellate
Authority] the reasons therefor.
(e) Where the leave to contest under
clause (c) is denied to the tenant he may file an application for review before
the Rent Authority within ten days of such denial and the Rent Authority shall
endeavour to dispose of such application within seven days of its filing.
(8)
Every application made to the Rent Authority shall
be heard as expeditiously as possible and, subject to the provisions of
sub-section (6) and (7), endeavour shall be made to conclude the hearing and to
dispose of the application within six months of its being filed.
(9)
In all proceedings before him, the Rent Authority
shall consider the question of costs and award such costs to or against any
party as the Rent Authority considers reasonable.
(10)
When the ejectment decree is passed under this Act,
the Rent Authority shall in addition pass order for recovery of arrears of rent
and other charges alongwith interest at the rate of fifteen per cent per annum,
recoverable as arrears of Land Revenue.
Section ? [29][39.
***.]
CHAPTER
VI
[Appellate Authority]
Section ? [31][40. to 49.
***.]
Section - [32][50. Jurisdiction, powers and authority of the Appellate Authority.?
(1)
Save as otherwise expressly provided in
this Act, 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 Authority in relation to,?
(a)
all appeals against the orders of the Rent
Authority under this Act ;
(b)
any other matter, except the registration of
agreements referred to in sub-section (2) of section 4 of this Act, arising
from the provisions of this Act; and
(c)
review of its own orders and decisions.
(2)
The Appellate Authority may, either suo
moto or on application of any of the parties and after notice to the parties
and after hearing such of them as it may desire to be heard, call for records
of any case pending before the Rent Authority under this Act, and either itself
try the case or give direction for disposal of the case to such Rent Authority.
(3)
Any person aggrieved by an order passed
or a decision made by a Rent Authority may, within thirty days from the date of
such order or decision, prefer an appeal, in writing, to the Appellate
Authority in the prescribed form and accompanied by certified copy of the order
or decision appealed against :
Provided that an
appeal may be entertained after the expiry of the said period of thirty days,
if the appellant satisfies the Appellate Authority that he had sufficient cause
for not preferring the appeal within the specified period.
(4)
In computing the aforesaid period of
thirty days, the time taken in obtaining certified copy of the order or
decision to be appealed against shall be excluded.
(5)
An appeal shall lie to the Appellate
Authority from every order or decision of Rent Authority made under this Act
both on question of law and facts :
Provided that no
appeal shall lie against an order or decision of the Rent Authority made under
section 21 or section 33 of this Act.
(6)
On receipt of an appeal under
sub-section (3), the Appellate Authority shall, if satisfied, after such
inquiry as it may deem necessary that the appeal is a fit case for adjudication
by it, entertain such appeal, but if the Appellate Authority is not so
satisfied, it may summarily reject the appeal after recording its reason.
(7)
The Appellate Authority shall endeavour
to dispose of an appeal against the order or decision of the Rent Authority
under clause (d), clause (e), or clause (q) of sub-section (2) of section 20 of
sections 21, 22, 23, 24 or 31 within one month of filing of such appeal.
(8)
The Appellate Authority shall have the
power to effect conciliation between the parties in any case pending before
it.]
Section - 51.
[***]
Section - [34][52. Application to the Appellate Authority.?
(1)
Subject to the other provisions of this
Act, a person, aggrieved by any order pertaining to any matter within the
jurisdiction of the Appellate Authority, may make an application to the
Appellate Authority in the form specified in Schedule XIII appended to this Act
for the redressal of his grievance.
(2)
Every application under sub-section (1)
shall be in such form and be accompanied by such affidavits, documents or any
other evidence and by such fees in respect of the filing of such applications
and by such other fees for the service or execution of processes under the
provisions of the Court Fees Act 1870, as amended by the State Government from
time to time.
(3)
On receipt of an application under
sub-section (1), the Appellate Authority shall, if satisfied after such inquiry
as it may deem necessary that the application is a fit case for adjudication or
trial by it, entertain such application but where the Appellate Authority is
not so satisfied, it may summarily reject the application after recording its
reasons.]
Section ? [35][53.
***]
Section - [36][54. Conditions as to making of Interim order.?
Notwithstanding
anything contained in any other provisions of this Act or in any other law for
the time being in force, no interim order (whether by way of injunction or
stay) shall be made on, or in any proceeding relating to, an application or
appeal unless,?
(a)
copies of such application or appeal and of all
documents in support of the plea for such interim order are furnished to the
party against whom such application is made or appeal is preferred; and
(b)
an opportunity is given to such party to be heard
in the matter :
Provided that
the Appellate Authority may dispense with the requirements of clauses (a) and
(b) and make an interim order as an exceptional measure, if it is satisfied,
for reasons to be recorded, in writing, that it is necessary so to do for
preventing any loss being caused to the applicant or the appellant, as the case
may be, which cannot be adequately compensated in money, but any such interim
order shall, if it is not sooner vacated, cease to have effect on the expiry of
a period of fourteen days from the date on which it is made unless the said
requirements have been complied with before the expiry of that period or the
Appellate Authority has continued the operation of the interim order.
Section - 55. Appearance before the Appellate Authority.?
A person making an application or
preferring an appeal to the Appellate Authority under this Act may either
appear in person or take the assistance of a legal practitioner of his choice
to present his case before the Appellate Authority.]
Section ? [37][56. to 59. ***]
Section ? [38][60.***]
Section - 61. to 64.
[***]
Section - 65. Criminal jurisdiction of the [40][Appellate Authority].?
(1)
No court other than the [Appellate
Authority] shall try any offence punishable under this Act.
(2)
The [Appellate
Authority] shall not 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.
(3)
Every complaint referred to in sub-section (2)
shall set forth the facts which constitute the offence alleged, the nature of
such other particulars as are reasonably sufficient to summon the accused and
to give him notice of the offence alleged to have been committed and to notify
the public prosecutor to conduct the prosecution.
(4)
The [Appellate
Authority] shall observe the same procedure for the trial of offences
under this Act as the High Court would observe if it were trying the case under
the section 474 of the Code of Criminal Procedure, 1973 and for that purpose
the [Appellate
Authority] shall be deemed to be High Court under the said Code.
Section - 66. Amendment of Orders.?
Clerical or arithmetical mistakes in
any order passed by the Trinbunal or Rent Authority or errors arising therein
from any accidential slip or omission may, at any time, be corrected by the
Tribunal or, as the case may be, the Rent Authority on an application received
in this behalf from any of the parties or otherwise.
Section - 67. Finality of Orders.?
Save as otherwise expressly provided in
this Act, every order made by the Rent Authority or an order passed on appeal
under this Act shall be final and shall not be called in question, in any
original suit, application or execution proceeding.
CHAPTER
VII
Penalties
Section - 68. Penalties.?
(1)
[***].
(2)
If any landlord or tenant contravenes the
provisions of sub-section (1) of section 19, he shall be punishable with fine
equivalent in amount to the rent for three months or with one month's
imprisonment or with both, and shall also be liable to fine of [five
hundred rupees] for each day commencing on the date of cutting off or
withholding essential supply or service till the date the essential supply or
service is restored.
(3)
If any tenant sublets, assigns or otherwise parts
with the possession of the whole or part of any premises in contravention of
the provisions of section 26, he shall be punishable with fine which may extend
to [ten
hundred rupees], or double the rent received by the tenant for sub-letting for
every month till such time the cause of complaint ceases, whichever is more or
with imprisonment for a term of one month.
(4)
If any landlord makes a false statement in his affidavit
under Explanation I to clause (q) of sub-section (2) of section 20, he shall be
punishable with fine which may extend to [ten
hundred rupees], or double the rent receivable for a period of three years in
case it has been re-let, whichever is more.
(5)
If any landlord re-lets or transfers the whole or
any part of any premises in contravention of sub-section (1) of section 29, he
shall be punishable with fine which may extend to [ten
hundred rupees], or double the rent the landlord receives after re-letting
whichever is more, or imprisonment which may extend to one month.
(6)
Explanation. - For the purposes of this
sub-section and sub- section (3), in cases where it is difficult to prove the
rent which the landlord or the tenant, as the case may be, is receiving after
re-letting or sub-letting, the fine may extend to five thousand rupees.
(7)
If, after the tenant has delivered possession, the
landlord fails to commence the work of repairs of building or re-building, as
the case may be, within three months of the specified date under sub-section
(3) of section 30, he shall be punishable with fine equivalent to rent for
three months.
(8)
If a landlord contravenes the provisions of
sub-section (2) of section 30, he shall be punishable with fine which may
extend to six months' rent of the premises.
(9)
If a tenant fails to make re-entry under
sub-section (2) of section 30 within three months from the date of the
completion of repairs or building or re-building, as the case may be, intimated
in writing by the landlord, without reasonable excuse, he shall forfeit his
right to re-entry and shall be punishable with fine equivalent to three months'
rent of the premises.
CHAPTER
VIII
Miscellaneous
Section - 69. Jurisdiction of civil courts barred in respect of certain matters.?
Save as otherwise expressly provided in
this Act, no civil court shall entertain any suit or proceedings insofar as it
relates to any other matter to which this Act applies or to any other matter
which the Rent Authority is empowered by or under this Act to decide and no
injunction in respect of any action taken or to be taken by the Rent Authority
or the Tribunal under this Act shall be granted by any civil court or other
authority.
Section - 70. Rent Authorities to be public servants.?
All Rent Authorities and Additional
Rent Authorities appointed under this Act shall be deemed to be public servants
within the meaning of section 21 of the Indian Penal Code, 1860.
Section ? [50][71. and 72.
***.]
Section - 73. Transfer of pending cases to Rent Authority.?
On the commencement of this Act, all
cases pertaining to the matters in respect of which the Rent Authority shall
have jurisdiction under this Act and pending before the Rent Controller under
the East Punjab Urban Rent Restriction Act, 1949 or any other Court shall stand
transferred to the Rent Authority and the Rent Authority shall proceed with the
matter either de novo or from the stage it was transferrred.
Section - 74. Power of Government to remove difficulties.?
(1)
If any difficulty arises in giving effect to the
provisions of this Act, the Government may, by order published in the Official
Gazette, make such provisions not inconsistent with the provisions of this Act
as may appear to be necessary for removing the difficulty :
Provided that no order shall be made
under this section after the expiry of two years from the commencement of this
Act.
(2)
Every order made under this section, shall as soon
as may be, after it is made, be laid before the Vidhan Sabha.
Section - 75. Power of Government to frame rules.?
(1)
The State Government may, by notification in the
Official Gazette make Rules for the purpose of carrying out 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 Vidhan Sabha, while it is in
session for a total period of thirty days which may be comprised in one session
or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive session aforesaid, the
House agrees in making any modification in the rule or agrees 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, however, that any such modification
or annulment shall be without prejudice to the validity of anything previously
done under that rule.
Section - [51][76. Repeal and Savings.?
(1)
on the commencement of this Act, the
East Punjab Urban Rent Restriction Act, 1949 (East Punjab Act No. III of 1949),
is hereby repealed:
Provided that
such repeal shall not affect,-
(a)
the previous operation of the Act so repealed or
anything duly done or suffered thereunder;
(b)
any right, privilege, obligation or liability
acquired, accrued or incurred under the Act so repealed;
(c)
any penalty, forfeiture or punishment incurred in
respect of any offence committed under the Act so repealed; and
(d)
any investigation legal proceeding or remedy in respect
of any such right, privilege, obligation, liability penalty, forfeiture,and any such
investigation, legal proceeding or remedy may be instituted, continued or
enforced and any such penalty, forfeiture or punishment may be imposed as if
the repealing Act had not been passed.
(2)
Notwithstanding the repeal of the East
Punjab Urban Rent Restriction Act, 1949 (East Punjab Act No. III of 1949),
under sub-section (1), all cases and other proceedings in respect of the
premises, other than owned by a non-resident Indian, let out prior to the
commencement of this Act shall be governed and disposed of in accordance with
the provisions of the Act so repealed.]
[Schedule I]
(See section
4)
Form
of Agreement
(to be typed on Bond Paper in three copies, one
each for the Landlord, the Tenant and the [Registering
Authority]).
Agreement
This agreement is made
between__________________Owner/ Authorised Attorney/Landlord
of__________and_______________lessee (tenant) on___________day
of_____________(month and year) for letting out of premises on the following
terms and conditions, namely:-
(i)
The tenancy will he for a period
of____________months/years.
(ii)
The starting rent Will be Rs____________per months.
(iii)
The maintenance charges at Rs._____________per
month will also be paid along with rent.
(iv)
The grope; y tax will be paid by the tenant.
(v)
The day to day repairs (Part 'B') of Schedule-II
will be the responsibility of the tenant.
(vi)
The repairs to damages in part 'A' of Schedule-II
will be carried out by the landlord unless caused by the negligence of the
tenant.
(vii)
The rent and other payable charges will be paid
by___________day of, month in advance/the, following months.
(viii)
The tenant will have the option to vacate the
premises by giving three months notice.
(ix)
The rent will be increased by five per cent per
year on____________and___________the third increase will be proportionate to
the increase in whole sale Consumer Price Index over the three years
period____________to__________[Section. 6].
(x)
The tenant agrees to handover the vacant possession
of the premises on the expiry of the period contracted, i.e. on___________day
of____________month___________year____________.
(xi)
The electricity and water bills will be paid by the
tenant.
(xii)
Both the landlord and the tenant agree to abide by
the conditions of the Punjab Rent Act, 1995.
Tenant
Landlord
Registration
This agreement is presented for
registration before me in the office of the [Registering
Authority] by___________Landlord and______________Tenant jointly on day
of_____________Year at____________.
The contents of the this deed have been
read over and explained to the executants, who admit the execution of this
agreement to be correct as agreed to.
The agreement has been registered in
this office at Sr. No.___________at pages_____________and Book No.___________.
dated:
[Registering Authority].
Schedule II
[See
sections 17 and 18]
Repairs & Responsibility
Part-A Structural repairs to be
got done by the landlord.
1.
Structural repairs, except those necessitated by
damage caused by the tenant.
2.
Whitewashing of walls and painting of doors and
windows once in three years.
3.
Changing and plumbing pipes when necessary.
4.
Internal and external wiring and related
maintenance.
Part-B Day to day repairs to be
got done by the tenant.
1.
Changing of tap washers and taps.
2.
Drain cleaning.
3.
Water closet repairs.
4.
Wash basin repairs.
5.
Bath tub repairs.
6.
Geyser repairs.
7.
Circuit breakers repairs.
8.
Switches and Sockets repairs.
9.
Repairs and replacement of electrical equipment,
except major internal and external wiring changes.
10.
Kitchen fixtures repairs.
11.
Replacement of knobs and locks of doors,
cup-boards, windows, etc.
12.
Replacement of flynets.
13.
Replacement of glass panels in windows, doors, etc.
14.
Maintenance of gardens and open spaces let-out to
the tenant.
15.
Removal of plant growth from roof and walls.
Schedule III
[See
sub-section (4) of section 38]
Form of Summons
(Name, description and place of
residence of the tenant)
Whereas Shri____________________ has
filed an application (a copy annexed) ___________________ on the grounds
specified in section_______
You are hereby summoned to appear
before the Rent Authority within ( ) days of the service hereof and file a reply
within ______________ days in default whereof the matter shall be heard and
disposed of ex parte.
You are to obtain the leave of the Rent
Authority to contest the application for eviction on the ground
_________________ in default whereof the applicant will be entitled at any time
after the expiry of the said period of fifteen days to obtain an order for your
eviction from the said premises.
Leave to appear and contest the
application may be obtained on an application to the Rent Authority supported by
an affidavit as is referred to in clause (b) of sub-section (7) of section 38.
Given under my hand and seal of the
Rent Authority or Additional Rent Authority;
This______________________ day
of_____________________ 19 .
(Seal)
Rent Authority/Additional Rent
Authority.
To be filled in
Strike off portion not applicable.
Notes :-For cases covered under
clauses (d) and (e) of sub-section (2) of section 20 and sections 21, 22, 23,
24 and 31 indicate fifteen days and for other cases indicate thirty days.
For only cases covered under clause (a)
of sub-section (8) of Section 38.
[***]
Schedule V
[See
sub-section (1) of Section 10]
Form
of notice for Enhancement of rent
From
To
Notice for enhancement of rent for
improvements, under section 10 of the Punjab Rent Act, 1995.
Whereas I have incurred expenses on
additions/improvements/structural alteations in the premises with/without your
approval, before/after the commencement of the Punjab Rent Act, 1995, which is
not an expenditure on decoration or tenantable repairs and which expenditure
has not been taken into account for determining the rent of premises.
As such I in exercise of the right
given under section 9 of the Act, increase the rent to the extent of
Rs._____________________________per year, which does not exceed ten per cent of
the expenditure.
Given under my hand on
______________(date)
Signature
Landlord/Authorised representative.
Place :
Date
Schedule VI
[See
sub-section (3) of section 18]
Form
of notice for inspection
From
To
Notice for inspection of tenanted
premises under section 18 of the Punjab Rent Act, 1995.
Take notice that I intend to inspect
the tenanted premises on______________ (date) at_____________________(time)
hrs.
Please keep yourself or your
representative available and the premises open for inspection.
Signature
Landlord/Authorised representative.
Place :
Date :
Schedule VII
[See
sub-section (2)(a) of section 20]
Form
of Notice for payment of arrears
From
To
Notice for payment of arrears for rent
and other charges under the Transfer of Property Act, 1882, Section 106 read
with section 20 of the Punjab Rent Act, 1995.
Take notice that you are in occupation
of premises________________________ against monthly rent of Rs._________________________
per month and other charges payable in advance/by______________________(date).
That you have not paid legally
recoverable rent and other charges for the
period_________________to_______________________
Your are hereby required through this notice
to pay the rent and other charges up to the date of payment along with interest
at the rate of fifteen per cent per annum within two months from the date of
receipt of this notice, failing which your tenancy will be deemed to have been
determined (terminated) on the expiry of the last day of the month of tenancy
following sixty days from the date of receipt of this notice.
Given this______________________day
under my own signature/authorised representative.
______________________
Landlord/Authorised representative.
Place :
Date :
[***]
Schedule IX
Form of application for re-letting
under section 29
In the Court of Rent
Authority_______________________________
I am the owner of
premises______________________________________
I had got these premises vacated
from________________________the tenant on______________________________for my
personal use/use of my dependent.
I do not need the premises due to the
circumstances given below :-
______________________________
______________________________
I request that I may be granted
permission to let it out in full/part as enumerated hereunder.
_______________________________
_______________________________
Applicant
Date
Verification
It is hereby certified that the
premises are located within the Municipal limits
of____________________________which is under the territorial jurisdiction of
this Rent Authority. The contents of this application are true to the best of
my knowledge and belief.
Date
Applicant/Authorised Attorney.
Schedule X
Form
of notice under section 27
From
Sub-tenant
To
Landlord
This is to inform you that I have been
inducted as sub-tenant in premises _____________________________ (complete
Address)_____________________ with your prior permission
by_____________(tenant) (Name and address of person
inducting)______________________.
The tenancy is for a period commencing
from____________________ at a rent of Rs.__________per month. The period of
tenancy is_________years/months.
The sub-tenancy will come to an end
on___________________________
Photo-copy of your concurrence is
enclosed.
Signature of sub-tenant
Dated :
[****]
Schedule XI
Form of application for re-entry under
sub-section (2) of section 29 and sub-section (4) of section 30
In the court of Rent
Authority_______________________________
I___________________________________________________was
the tenant in the premises________________________________.
I was evicted from the premises for the
purpose of :-
(i)
[i]Family/Self-use of the premises by
the owner.
(ii)
[ii]For repairs/re-building of the
premises by the landlord.
I handed over the possession of the
said premises to the landlord on_______.
I request that the landlord may be
directed to allow me to occupy the premises, in accordance with the provisions
of the Punjab Rent Act, 1995.
Date
Applicant
Verification
:
It is hereby certified that the
premises are located within the Municipal limits of________________________which
is under the territorial jurisdiction of this Rent Authority. The contents of
this application are true to the best of my knowledge and belief.
Applicant/Authorised Attorney.
Dated :
Schedule XII
Form of application for Eviction under
sub-section (2) of section 20.
|
__________________________________________
|
Petitioner
|
|
Versus
|
|
|
__________________________________________
|
Respondent
|
Application under section 20 of the
Punjab Rent Act, 1995 for eviction of Respondent and_________________from________________
bounded as under :-
North_____________________________
South____________________________
East______________________________
West_____________________________
Sir,
The petitioner respectfully submits as
under :-
The respondent is a tenant under
petitioner in the premises mentioned above at Rs.________________________per
month to be paid by_______________ day of the month in advance.
The respondent has become liable to
eviction from the premises for the reasons :-
It is prayed that the application of
petitioner be allowed, the respondent be ordered to be evicted and put the
petitioner in vacant possession of the said premises.
Dated :
Verification
It is certified that the premises is
situated in the Municipal limits of ________ ____________ which falls within
the territorial jurisidiction of this Rent Authority.
That the contents of paras 1
to_______________________are correct to the best of my knowledge and belief.
Dated :
Submitted by.
Schedule XIII
[Form of application for appeal to the
Appellate Authority under section 52.]
|
__________________________________________
|
Appellant
|
|
Versus
|
|
|
__________________________________________
|
Respondent
|
Appeal against the order of Rent
Authority______________________________
dated____________________Allowing_________________________________
The Applicant respectfully submits as
under :-
(1)
That the appeal is being submitted within the
limitation.
Order was passed
on____________________________________
Application for obtaining copy was
submitted on_________________________ the same was prepared
on________________________________________
(2)
The court was closed
on_____________________________________
[The appeal could not be filed within
the prescribed time.]
Application for condoning delay for
sufficient cause is enclosed.
The orders of the Rent Authority are
liable to be set aside on the following grounds:-
___________________________
___________________________
It is, therefore, prayed that :
(i)
Records of the case be called for.
(ii)
Appeal be allowed and order of the Rent Authority
be set aside.
Dated
Submitted by.
Schedule XIV
Form of application for permission for
limited period tenancy under section 31.
In the court of the Rent
Authority_________________________________
Application under section 31 of the
Punjab Rent Act, 1995.
Sir,
The applicant submits as under :-
(i)
That I am the owner of
premises____________________________
(ii)
I will not need the abovesaid premises for my own
occupation due to:-
I request that I may be granted
permission to rent out the premises for a period
of__________________________years.
I have availed/not availed permission
under the said section with respect to the premises in question.
Date :
Applicant
Verification
It is certified that the above premises
are situated in the Municipal limits of ___________which is under the
territorial jurisidiction of this Rent Authority. The contents of this
application are true to the best of my knowledge and belief.
Applicant
Date :
[****]