PUNJAB GOVT. GAZ. (EXTRA), APRIL 16,2013
(CHTR26, 1935 SAKA)
PART I
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAlRS, PUNJAB NO I([FICr',_TION
TheI6thApril,2013
No. 33-Leg.l2013.- The following Act of the Legislature of the State of , . Punjab received the assent of the Governor of Punjab on the l Oth Day of April, 20 J 3, is hereby published for general information'-
THE PUNJAB RENT (AMENDMENT) ACT, 2013
(Punjab Ad; No. 33 of 2013)
AN
ACT
further to amend the Punjab Rent Act. 1995.
193
BE it enacted by tile Legislature of the State of Punjab in the Sixty- fourth Year of Republic of India, as follov\'s:-
L This Act may be called the Punjab Rent: (Amendment) Act, 2013. Short title. 2.. Inthe Punjab Rent Act, 1995, (hereinafter referred to as the principal Act), in section 2, clause (k) shall be omitted.
3" In the principal Act, for section 3, the following section shall be
substituted, namcly:-
"3. (1) Norhing in this Act shall apply,- to any premises let out before the commencement ofthis Act;
Premises (a)
exempted from .
tile operation
of the Act.
(b) to any premises belonging to or let out to the State Government or the Government of India or a local authority;
to any prem ises constructed on or after the cornmenc .. nent 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, (c)
Amcndrncn: in
section 2 Oi
Punjab Act 13
nf2(lJ1.
Substitution or
section 3 of
Punjab Act 13
oC2012.
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PUNJAB GOVT. GAZ. (EXTRA), APIUL 16, 2013
(CHTR 26, 1935 SAKA)
whichever is earlier, and, where the premises has been constructed in stages, the date on which the initial building wasc~mpleted and an intimation thereof w~s sent to the concerned authority or was asse~sed to property tax, whichever is earlier.
194 \ j~-VY
Explanation JI- 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, Big') Commission, legation or commission ofa foreign State or suchinternational organization, as may be specified by the State Government, by notificati?11 in the Official Gazette;
(e) to any premises belonging if:' such religious, charitable or
I
educational trust or class of trusts, as may be speci fled by the State Government, by notification in the Official Gazette;
(j) 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 Iocs ~ 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. Amendment in
section 4 of
Punjab Act i3
01'2012.
(2)i:;'or non-residential premises, contract renting shall be admissible during the subsisting /::riod of contract. Such premises shall be governed by the conditi..ns 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 b: 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 ieriod, in question, in addition to immediate dispossession througl. the Rent Authority.".
4. In the principal Act, in section 4, for sub-sections (2) and (3), the following sub-section shall be substituted, namely=
2
·In the princip 11 Act, in section 10: sub-section (3) : shall be omitted Amendment in section 10 of
Punjab Act 13
0[2012.
Omission of section II and 12 of Punjab Act 13 0[2012.
PUNJAB GOVT. GAZ. (EXTRA), APRIL 16, 2013
(CHTR 26, 1935 SAKA)
"(?) Notwithstanding anything contained in the Registration Act, 19(,8 ( J 6 of 1908), every agreement referred to in su b-section .
(1) shalt be in the Form specified in Schedule r to this Act and shall be egisteredwith the RentAuthority concerned on payment of registration fee of rupees one' thousand .".
5. In the pi incipal Act, for section 6, the following section shall be substituted, namely :-
"6. The rent payable in relation to the premises shall be agreed payable rent between the landlord and the tenant:
rent .
Provided that the agreed rent shall be increased by five per cent of the last rent for two years and the third year increase shall be based upon the increase in the Consumer Price Index over the correspor 'ling three years.
Example. - If the Consumer Price Index increases by eighteen per cent ir three years, the rent for the fourth year shall be the rent for the firs' year multiplied by one point eighteen. This cycle shall continue."
6. In the prin« .pal Act, section 7 shall be omitted.
7. In the principal Act, in section 9, for sub-section (1), the following sub-section shall be substituted, namely:-
"(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 repairs necessary or usual for such premises, and the cost ofthat improvement, addition or alteration 11: ') not been taken into account in determining the rent of the premises, the lap 1I0rd may lawfully increase the rent per year by an amount not exceeding t -n per cent of such cost.".
8.
i
9. In the principal Act, sections Il and 12 shall be omitted. !
195
Substitution of section 6 of Punjab Act J 3 of2012.
.,
ji ;1 Omission of section 7 of Punjab Act 13
0[2012.
Amendment in section 9 dr Punjab Act 13 01'2012.
3
Amendment in section 20 of Punjab Act 13 of2012.
Substitution of section 24 of Punjab Act 13 01'2012.
PUNJAB GOVT. GAZ. (EXTR.A), APRlL 16,2013 196 (CHTR26, 1935 SAKA) ~
HL In the principal Act, in section 20, in sJJb-se,dion (2), the words
"wl sther before or after the.commencement of this Act", where~er occurring, shall be omitted.
11 .. In the principal Act, for section 24, the following section shall be substituted, namely>
"24. 0) Where the landlord is,- Right to recover
immediate
possession of
.. premises to
accurc to
widows.
handicapped
persons, old
persons,
freedom lighters
and non-
resident
Indians.
(a) awidowandthepremisesletoutbyher,orher husband; or
a handicapped person and the premises let out by him or her; or
(b)
(c) apersonwhoisoftheageofsixty-five yearsor more and the premises let out by him or her; or a freedom fighter, his widow or dependentson or daughter and the premises let out by him or her; (d)
is required by him or her for his or her family or for anyone 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 anyone residential and one non-residential premises each chosen by him or her. Explanation= 1. 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 SOU of the Income Tax Act, 1961.
Explanation. -Il. The right to recover possession under th is section shall be exercisable on ly once in respect of each for residential and for non-residential use.
(3) Where an 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 immc Jiate possession of residential orland non-residential premises let out by him or her on or prior to the commencement of this
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Pu}:TAB GOVT. GAZ. (EXTRA), APRIL 16, 2013 197 (CrITR 26, 1935 SAKA)
Act, which are required for his or her use, or for the use of anyone ordinarily living with and dependent on him or her. Explanation= "non-resident Indian" means a person oflndian origin,' who is either permanently or temporarily settled outside India, in either case- (;) 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 intel~tion to stay outside India for an uncertain period.".
12. In the principal Act, for section 26, the following section shall be substituted, namely :-
"26. Witho .rt the previous consent, in writing, of the landlord, no tenant Restrictions ;'n shall _
sub-letting. '
(a) sub-let the whole or any part of the premises held as atenant; or
(b) u .rnsfer or assign his right in the tenancy or any part thereof".
13. In the principal Act, in section 36,-
(i) for sub-section (1), the following sub-section shall be SUbstituted, namely:-
"(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
(ii) in ~.ib-section (2), for the word "Government", the words
"State Government" shall be substituted. If. 14. In the principal Act, in section 37, for sub-section (6), the following sub-section shall be substituted, namely :_
"(6) An t' rder made by a Rent Authority or the Tribunal under this Act, or an order passed in appeal, shall be executable by a RentAuthority designated by the Tribunal in this behalf and for this purpose the Rent Authority so designated shall have all the powers of a Civil Court.".
Substitution of
section 26 of
Punjab Act 13
of2012.
Amendment in
section 36 of
Punjab Act 13
of201:~.
Amcndment ill
section 37 of
Punjab Act 13
of2012.
5
Amendment in section 39 of Punjab Act 13 of2012.
Amendment in section 48 of Punjab Act 13
0[2012.
Amendment in section 51 of Punjab Act l3 of2012.
Amendment in section 52 of . Punjab ACI 13 of20 12.
Amendment in section 54 of Punjab Act 13 of2012.
Omission of section 60 or Punjab Act 13 of2012.
Amendment in section 67 of Punjab Act 13 01'2012.
,
1· i
Omissionlof section 71 and 72 of'Punjab . Act 130112012.
I
) I ~
PUNJABGOYT.GAZ.(EXTRA),APRIL 16,2013 198
(CHTR26, 1935SAKA)
15. In the principal Act, in section 39, for the words "Government of Punjal. ", the words '''State Government" shall be substituted. }.6. In the principal Act, in section 48, in sub-section (1), for the words
"Government of Punjab", the words "State Government" shall be substituted.
17. In the principal Act, in section 51, in clause (b), the figures and signs" II, 12;" shall be omitted.
18. In the principal Act, in section 52, in sub-section (2), for the words
"GOVt rnment of Punjab", the words "State Government" shall be substituted. r 9. In the principal Act, in section 54, for proviso to sub-section (3), the foi owing proviso shall be substituted, namely»
"Provided that no appeal shall lie aga inst an order or a decision of Lie Rent Authority made under section 21 or section 33.".
20. In the principal Act, section 60 shall be omitted.
21. In the principal Act, in section 67,-
(i) sub-section (1) shall be omitted;
(ii) in sub-section (2), for the words "one hundred rupees", the words "five hundred rupees" shall be substituted; (hi) in sub-section (3), for the words "five thousand rupees", the words "ten thousand rupees" shall be substituted;
(iv) in sub-section (4), for the words "five thousand rupees", the words "ten thousand rupees" shall be substituted; and
(v) in sub-section (S), for the words "five thousand rupees", the words "ten thousand rupees" shall be substituted.
22. In the principal Act, sections 71 and 72 shall be omitted.
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PUNJAB GUVT. GAZ. (EXTRA), APRIL 16, 2013
:CHTR26, 1935 SAKA)
--Z-3-.-I-n-t-h-e-p-r-i'-1c-i-pa"'Act, for section 75, the following section shall be substituted, namely>
"75. (1) 011 the commencement of this Act, the East Punjab, . )rban Rent Restriction Act, t 949 (East Punjab Act. . No.Ill of i949), is hereby repealed:
Repeaiand
savings.
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 of''ence committed under the Act so repealed; and
(d) any investigation, legal proceeding or remedy in respect of any Sll -II right, privilege, obligation, liability, penalty, forfeiture, and any such investigation, legal proceeding or remedy may be instituted, continued or enf reed 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.IIIof 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."
24. In the principal Act, for SCHEDULE I, the following SCHEDULE shall be.substituted, namely:-
"SCHEDULE I (See section 4) Form of Agreement
I
(t? be typed on Bond Paper in three copies, one each for the Landlord, the Teriant and the Rent Authority).
I
199
Substitution of section 75 of Punjab Act 13 of'2012.
Substitution of
SCHEDULE I
of Punjab Act 130f20J2.
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PUNJAB COVT.GAZ. (EXTRA), APRIL 16, 2013
(CHTR26, 1935 SAKA)
200
AGREEMENT
This agreement is made between Owner/ Authorised Attorney/Landlord (:)f and lessee (tenant) on Jay of (month and year) for letting out of premises on the following terms andconditions, namely> , "
(i) The tenancy will be for a period of months/years. per months.._--,(ii) The starting rent will be Rs .
(iii) The maintenance charges at Rs. per month will also be paid along with rent.
(iv) The property tax will be paid by the tenant. .' .
(v) The day to day repairs (Part 'B') of Schedule-Il will be the responsibility of the tenant.
(vi) Therepairs to damages in part 'N of Schedule-Il 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 01: 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 j,y five per cent per year on _ and the third increase wi IIbe proportionate to the increase in whole sale Consumer Price Index over the three years period to [Sec. 6].
(x) The tenant agrees to handover the vacant possession of the prem ises 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 iandlord and the tenant agree to abide by the conditions of
,
the Punjab Rent Act, 1995. i ,
I
ITenant
I
I
I
Landlord
8
, "" ". ~-<,.
PUNJAB GOVT. GAZ. (EXTRA), APRIL 16,2013
(CHTR 26, 1935 SAKA)
REGISTRATION
This agreerr .cnt is presented for registration before me in the office of the Rent Authority by Landlord and .Tenant'
jointly on day 01 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 becorrect as agreed to.
The agreement has been registered in this office at Sr. No. _ at pages and Book No. _
Dated: Rent Authority.".
25. In the principal Act, SCHEDULE rv shall be omitted ..
26. In the principal Act, SCHEDULE VIII shall be omitted.'
27. In the PI'; tcipal Act, SCHEDULE XV shall be omitted.
H.P.S. MAHAL,
Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 020314/013IPb. Govt. Dress. S.A.S. Nagar
201
Omission of
SCHEDULE IV
of Punjab Act
130[2012.
Omission of
SCHEDULE
ViIr of Punjab Act 13 of20J2. Omission of
SCHEDULE
XV of Punjab Act 13 of2012,
9