The Haryana Urban (Control of Rent and Eviction) Act, 1973

1973 : Haryana ACI 11 I URDAN (CON~OI.

(1) This Act may be called the Haryana Urban (Control of Rent and Eviction) Act, 1973. (2) It shall extend to all urban areas in Haryana but nothing herein contained shall apply to any cantonment area. (3) Nothing in this Act shall apply to any building the construction of which is completed on or after the commencement of this Act for a period of ten years from the date of its completion.

In this Act, unless there is anything repugnant in the subject or context,— (a) "building" means any building or a part of building let for any purpose whether being actually used for that purpose or not, including any land, godowns, out-houses, gardens, lawns, wells or tanks appurtenant to such building or the furniture let therewith or any fittings affixed to or machinery installed in such building, but does not include a room in a hotel, hostel or boarding house; (b) "Controller" means any person who is appointed by the State Government to perform the functions of a controller under this Act; (c) "landlord" means any person for the time being entitled to receive rent in respect of any building or rented land whether on his own account or on behalf, or for the benefit, of any other person, or as a trustee, guardian, receiver, executor or administrator for any other person, and includes a tenant who sublets any building or rented land in the manner hereinafter provided, and every person from time to time deriving title under a landlord; (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 purposes 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 though a small portion thereof is used for the purpose of residence; (e) "prescribed" means prescribed by rules made under this Act; (f) "rented land" means any land let separately for the purpose of being used principally for business or trade; (g) "residential building" means any building which is not a non-residential building; (h) "tenant" means any person by whom or on whose account rent is payable for a building or rented land and includes a tenant continuing in possession after the termination of his tenancy and in the event of such person's death, such of his heirs as are mentioned in the Schedule appended to this Act and who were ordinarily residing with him at the time of his death, but does not include a person placed in occupation of a building or rented land by its tenant, except with the written consent of the landlord, or person to whom the collection of rent or fees in a public market, cart-stand and slaughter-house or of rent for shops has been framed out, or leased by a municipal, town or notified area committee; (i) "urban area" means any area administered by a municipal committee, a notified area committee, Faridabad Complex Administration or any area declared by the State Government by notification to be urban area for the purpose of this Act.

Where any sum has, whether before or after the commencement of this Act, been paid which sum by reason of the provisions of the Act should not have been paid, such sum shall, at any time within a period of six months after the date of payment, be recoverable by the tenant from the landlord who received the payment or his legal representative, and may, without prejudice to any other method of recovery, be deducted, within such six months, by such tenant from any rent payable by him to such landlord. Explanation.—In this section the expression "legal representative" has the same meaning as is assigned to it in the code of Civil Procedure, 1908, and includes, in the case of joint family property, the joint family of which the deceased person was a member.

(1) No landlord shall, without just and sufficient cause, cut off or withhold any of the amenities enjoyed by the tenant.

1 3. Evicrion of tcnanls.

The Controller shall summarily reject any application under sub-section (2) or (3) of section 13 which raises substantially the issues as have been finally decided in any former proceedings under this Act.

An authority exercising powers under this Act shall have the same powers of summoning and enforcing the attendance of witnesses and compelling the production of evidence as are vested in court under the Code of Civil Procedure, 1908.

Every order made under the provisions of this Act shall be executed by a civil court having jurisdiction in the area as if it were a decree or order of that court. Explanation.- One year's rent of the building or rented land, preceding the date of the order which is sought to be executed shall be the jurisdictional value for the purposes of determining the forum of appeal.

(1) Where there are more than one Controller at the same place the applications shall be made to the Controller who is authorised by the appellate authority of the area concerned to entertain such applications. (2) Such Controller shall either keep the application on his file or make over the same to some other Controller at the same place, for disposal.

(1) The High Court may, on an application made to it or otherwise, by order transfer any proceedings pending before any appellate authority to another appellate authority and the appellate authority to whom the proceedings are so transferred may, subject to any special direction in the order of transfer, dispose of the proceedings. (2) An appellate authority may, on an application made to it or otherwise, by order transfer any proceedings pending before any Controller to another Controller within its jurisdiction and the Controller to whom the proceedings are so transferred may, subject to any special direction in the order of transfer, dispose of the proceedings.

Every landlord and every tenant of a building or rented land shall be bound to furnish to the Controller, or any person authorised by him in that behalf, such particulars in respect of such building or rented land as may be prescribed.

The State Government may, by notification, make rules to carry out all or any of the purposes of this Act.