PUNJAB GOVT. GAZ. (EXTRA), AUGUST 29,2014
(BHDR 7,1936 SAKA)
PART 1
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 29th August, 2014
137
—
No. 24-Leg,/2014.-The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 20t h Day
of August, 2014, is hereby published for general information:-
THE PUNJAB RENT (AMENDMENT) ACT, 2014
(Punjab Act No. 23 of 2014)
AN
AcCT further to amend the Punjab Rent Act, 1995. BE it enacted by the legislature of the St ate of Punjab in the Sixty-fifth Year of Republic of India, as follows :—
1. (1) This Act may be called the Punjab Rent (Amendment) Act , Short title and
commencement.
2014.
(2) It shall come into for ce on and with effect from the date of
its publication in the Officia l Gazette.
2. In the Punjab Rent Act, 1995, (hereinafter referred to as the Amen dmentin
'
section 2 of
principal Act), in section 2,- Punjab Act 13 of
(i) for clause (@), the following clause shall be substituted, namely:- 20
12.
ans the Appellate Authori ty
«/7) "Appellat
e Authority" m
e
(a) "APP (1) of sect ion 50 of this Act;"; appointed under sub-section
and
(ii) clauses (b), (¢) and (1) $ to n a
. . 3 sub-sect ion (2), the following Améndmen t in
3. Inthe principal Act, in section 4, Fors
soetiond of
sub-section shall be
substituted, namel
y:—
| Pans A
ai
|
¢ Registration Act,
2012.
hall be omitted
.
: ai in th & twithstandin g an thing c ont ned n t 1908 y= S
e eh
referred to in sub-s ection (1)
o > ¢ cd
iS Act and
shall be in t
he F
i i hed
ule | appende
to this
i orm
specified n
SC
; ed o
ol b , tered under an d in accordanc e with the pro visions of the e regis
1
I? } 1 \ ' \ UNIABGOVT. GAZ (EXTRA), AUGUST 29,2014 174 —_ (BHDR71936 SAKA)
R 3) " > 4 . Ce pe —————— Ee ——————————— I aAct 1908 by the authority specified thereunder, on payment ol registration fee of rupees one thousand
Amendment in
4.
section 20 of punjab Act 13 of
2012.
the principal Act, in section 20, in sub-section (/), the sign and 'd Tn i
and wor "Tribunal" shall be omitted.
Amendment in 5 In the princi . ) os rinci a . . section 31 of P pal Act, in section 31, in sub-section (J), for the Punjab Act 13 of word "Tribunal", the words "Appellate Authority" shall be substituted
2012.
Amendmentia 6. Inthe princi i i cacti +I be omitte section 36 of principal Act, in section 36, sub-section (3) shall be omitted.
Punjab Act 13 of
2012.
Amendment in 7. Inthe principal Act, in section 37, for sub-section (6), the following section 37 of
Punjab Act 13 of
ne. "(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 sub-section shall be substituted, namely:
Court.".
Amendment in 8. In the principal Act, in section 38,-
section 38 of
}
Punjab Act 13 of (i) in sub-section (6), in
clause (b), and
2012.
) }
KR (ii) in sub-section (7), In clause (d), for the words "Chairman of the Tribunal", the words "Appellate Authority"
shall be substituted.
Amendment in 9. In the principal Act, in CH APTER VI, for the heading "Punjab Chapter VIof pent Tribunal", the heading "Appellate Aut hority" shall be substituted.
Punjab Act 13 of
.
2012.
Omission of 10. In the principal Act, sections 39, 40, 41, 42, 43, 44, 45, Ho, 47,
sections 39,40, 48 and 49 shall be omitted.
41,42, 43, 44,
45,46, 47, 48
and 49 of Punjab Act 13 0f 2012.
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PUNJAB GOV'T. GAZ, (EXTRA), AUGUST 20,2014
(BHDR 7, 1936 SAKA)
11. Inthe principal Act, for sect , seetion 50, the fi fo Sol " ih A following section shall be
139
"50. (1) Save as ' ON S s otherwise express 3 Buon
rh iste 6 expressly provided in this Act, the
disdiction, State Government ma
:
) » ) y
. fy powers and y, by a general or special order, b ification confor - a thanity of : ) Oy notification confer on such officers and the Appellate authorities, as it may think fit, the powers of Authority 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 notic e to the parties and after hearing suc h of
them as it may desire to be heard , call for records of any case pen ding
before the Rent Authority
under this Act, and either i tself try the case or
give direction for disposal of the case (0 such Rent Authority.
(3) Any person aggriev ed by an order passed or a decision made by a Rent Authority may, w ithin thirty days from th e date of such order or decision, prefer an ap peal, in writing, to th e Appellate Authority in the
prescribed form and accompanied by certif ied copy of the order or decision
appealed against
Provided that an appea l may be entertained af ter the expiry of the sai d
period of thirty days if the appellant satisfi es the Appellate Author ity that
he had sufficient cause for not preferring the a ppeal within the specifi ed
period.
|
hirty days, the time taken
i esaid period
of t
(4) In computing the aforesaid p
bo appealed again in obtaining certified copy of the order of de cision to
shall be excluded. —
: late
Authority from eve r
(1 lie to the Appellate
R
l i " : "
en ma de under this Act both on (ques tion of law and ion of Ren
facts :
ot _—
shall lie against an order or decision of the
s
Provided fis
t do ase
tion 21 or gec tion 33 of thi s Act.
Rent Authority m ade under sec
Substitution of section 50 of
fPunjub Act 13 of
2012,
J"
3
Omission of section 51 of Punjab Act 13 of
2012.
Substitution of section 52 of Punjab Act 13 of
2012.
PUNJ T. GAZ AB GOVT GAZ. (EXTRA), AUGUST 29,2014 140
(BHDR 7, 1936 SAKA)
(6) On recei ; Riis re e of an appeal under sub-section (3), the Appellate Fa if satisfied, after such inquiry as it may deem necessary a en A case for adjudication by it, entertain such appeal, but uthority is not so satisfied, it ma i fect
appeal after recording its reason.
, y summarily reject the
oo a The Appellate Authority shall endeavour to dispose of an appeal gainst the order or decision of the Rent Authority under clause (d), clause (e), or clause (g) 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 eff ect conciliation
between the parties in any case pending before it.".
12. In the principal Act, section 51 shall be omi tted.
13. In the principal Act, for sectio n 52, the following section shall be substituted, namely:—
«52. (1) Subject to the other pr ovisions of this Act, a person, aggrieved by any order pertaini ng to any matter
Application to
the Appellate within the jurisd iction of the Appellate Authorit y,
Authority may make an appli cation to the Appellate Authority in the form specified in Sc hedule XIII appended to t his Act for
the redressal of hi
s grievance.
pplication under sub-secti on (1) shall be in
ccompanied by such affidav its, documents or
h fees in respect of the filin g of
y such other fees for the service or
nder the provisions of th e Court Fees
State Government from t
ime to
(2) Every a such form and be a
any other evide nce and by suc such applicat ions and b
execution of processes U Act 1870, a s amended
by the
time.
]
ation under sub-section ( 1), the
Appellate Auth
ority ghall, if
satisfied after
such inquiry as
it may
pe ary tha
t the application
is a fit case for adj udication
deem pgsuch applica tion but where the Appellate > © it may su
mmarily reject the
(3) On recei pt of an appli c
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PUNJAB GOV L GAZ. (EXTRA), AUGUST 29,2014
(BHDR 7,1936 SAKA)
14. In the principal Act, section 53 shall be omitted
141
15. Inthe principal Act, for sectio : ¢ : ns 54 and 55, the followi i shall be substituted, namely:— re following sections
54. Nowwithstanding anything contained in any other provisions Conditionsas ©f this Act or in any other law for the time being to making of in force, no interim order (whether by wa y of
Interim order. : + .
;
injunction or stay) shall be made on, or in any proceeding relating to, an application or appeal unless, —
(a) copies of such application or app eal and of all documents
in support of the plea for such i nterim order are furnished to the party against whom such application is made or appeal is preferred; and
(b) an opportunity is g iven to such party to be heard in the
matter :
provided that the Ap pellate Authority ma y dispense with
the requirements
of clauses (a) and
(b) and make an interim
order as an excep tional measure, if it 1s satisfied, fo r reasons to
be recorded, in wr iting, that itis nec essary so to do for preventing
loss being caused to the applicant of the appellant, os fhe
case may be, w
hich cannot be
adequately compen sated in
ey, but any
such interim
order shall, if
it is not soon
er
mon
A
rai cease to have effect on the expiry of a period of fou rteen
2
.
- . which 1t 1 8 made
m the date on :
oy sae
i have
been compli ed with befor e the expiry
0
SERA
* App ellate Auth ority has c ontinued the 1e
that period OF th
e interim o rder.
any
unless the said operation ofth ication or pr eferring an
appeal to
'
.
{er this Act m ay either
sistance of a l egal
naking an app! Authority
unc
or lake the as
55. A person! the Appellate Appearance i i
»rSON
lpi
before the appe ar If pe .« choic e (0 present his case before
Appellate prac
titioner of his Omission of
section 53 of
Punjab Act 13 of
2012.
Substitution of section 54 and 55 of Punjab Act 13 of 2012.
5
) | ne / PUNJAB GOV'T, GAZ, (XTRA), AUGUST 29,2014 142
(BHDR7,1936 SAKA)
Omission of 16. In the princip: i . principal Act, sections 56, 57, 58, 59, 61, 6 2, 63 and 64
ceell n 50, 57. y H iy al 62. 63 shall be omitted, and 64 of Punjab
Act 13002012,
endment in
. Ariwrii : :
, ny
Am 17. In the principa l Act, in section 65, for the word "Tribuna l",
~ gection 65 of wherever oceurr) Panjab Act 13 of er occurring, the words "Appellate Authority"
shall be substituted.
2012.
mendment in 18. In the princ ipal Act, in section 68, for the word "
Tribunal", the
section 68 of
Punjab Act 13 of
2012.
words "Appellate Authority" shall be substitute d.
Amendment in 19. In the prin
cipal Act, in SCHEDULE-L, for the words "Rent
SCHEDULE of a
ae we
Punjab Act 13 of Authority", whe
rever occurring, the words "Re
gistering Authority shall be
2012, substituted.
Amendment in 20. I
n the principal Act, in SCHE
DULE-XIIL, for the heading
, the
SCHEDULE-XIII .
Bal dihetitute amel
v:
¢ shall be substituted,
namely:—
of Punjab Act 13 following
heading
oon.
"Form of application for appeal to the Appellate Au thority under
section 52.7.
H.P.S. MAHAL,
gecretary to Governme nt of Punjab,
Department of Legal a nd Legislative Affairs
.
577/08-2014/Pb. Govt. PTes% 8.4.5. Nagar
6