Himachal Pradesh Urban Rent Control (Amendment) Act, 1978*
| [Himachal Pradesh Act No. 23 of 1978]1 | [4th May, 1978] |
an Act further to amend the Himachal Pradesh Urban Rent Control Act, 1971 (Act No. 23 of 1971).
It is hereby enacted by the Legislative Assembly of Himachal Pradesh in the Twenty-ninth Year of the Republic of India 33 follows:-
1 For statement of Objects and Reasons, see R.H.P. Extra., dated 18-4-1978, P. 356.
* Received the assent of the Governor, Himachal Pradesh on the 4th May, 1978 and was published in R.H.P. Extra, dated the 10th May, 1978, P. 535
1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Urban Real Control (Amendment) Act, 1978.
(2) It shall come into force at once.
2. Amendment of section 2.- For existing clause (d) of section 2 of the Himachal Pradesh Urban Rent Control Act, 1971 (23 of 1971) (hereinafter called the principal Act), the following clause (d) shall be substituted, namely:-
"(d) "non-residential building" means a building being used,-
(i) mainly for the purpose of business or trade; or
(ii) partly for the purpose of business or trade and partly for the purpose of residence, subject to the condition that the person who carries on business or trade in the building resides there:
Provided that if a building is let out for residential and non-residential purpose separately to more than one person, the portion thereof let out for the purpose of residence shall not be treated as a non-residential building.
Explanation.- Where a building is used mainly for the purpose of business or trade, it shall be deemed to be a non-residential building even through a small portion thereof is used for the purpose of residence."
3. Addition of section 29.- After section 28 of the principal Act, the following section 29, alongwith its heading, shall be added, namely:-
"29. Special provisions relating to certain proceedings.- Notwithstanding anything to the contrary contained in this Act, the provisions of clause (d) of section 2 as amended by the Himachal Pradesh Urban Rent Control (Amendment) Act, 1978 (9 of 1978) shall apply to all proceedings, under the East Punjab Urban Rent Restriction Act, 1942 (3 of 1949), or under this Act, pending, at the commencement of the said amendment, before a Rent Controller an appellate authority or the High Court exercising revisional jurisdiction".