State Act: Himachal Pradesh
The Himachal Pradesh Urban Rent Control Act, 1987
Act H.P. Act No. 25 of 1987 · 35 sections
Text as published by the Law Department, Government of Himachal Pradesh, with amendments up to H.P. Act No. 8 of 2012.
The High Court of Himachal Pradesh in Chaman Lal Bali v. State of Himachal Pradesh (CWP No. 2072 of 1995, decided on 2 August 2016, reported as AIR 2016 HP 168) is reported to have declared section 4 unconstitutional, together with sections 5, 6, 7, 8 and 30(2) in so far as they depend on standard rent fixed under section 4. The official text still prints these provisions. We could not open the judgment on an official court site and found no order of the Supreme Court staying or reversing it.
H.P. Ordinance No. 4 of 2022, promulgated on 12 October 2022, amended section 14. No Act replacing it has been found, and an Ordinance that is not replaced by an Act ceases to operate, so this text does not show it.
Title, date and preamble
(Received the assent of the President on the 20th October, 1987 and was published in Hindi in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 20th October, 1987, pp. 2067-2090 and in English in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 10th November, 1987, pp. 2239-2258).
An Act to provide for the control of rents and evictions within the limits of urban areas in the State of Himachal Pradesh.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the Thirty-eighth Year of the Republic of India, as follows:-
Contents
- 1.Short title extent and commencement
- 2.Definitions
- 3.Exemptions
- 4.Determination of standard rent
- 5.Revision of standard rent in certain cases
- 6.Increase in standard rent in certain cases admissible
- 7.Landlord not to claim anything in excess of standard rent
- 8.Fine or premium not to be charged for grant, renewal, or continuance of tenancy
- 9.Rent which should not have been paid may be recovered
- 10.Increase of rent on account of payment of rates etc. of local authority but rent not to be increased on account of payment of other taxes etc
- 11.Cutting off or withholding essential supply or service
- 12.Conversion of a residential building into a non-residential building
- 13.Landlord’s duty to keep the building or rented land in good repairs
- 14.Eviction of tenants
- 15.Right to recover immediate possession of premises to certain persons
- 16.Special procedure for the disposal of applications for eviction on the ground of bonafide requirement under section 14(3) (a) (iii) and section 15
- 17.Recovery of possession in case of tenancies for limited period
- 18.Decisions which have become final not to be reopened
- 19.Leases of vacant buildings
- 20.Receipt to be given for rent paid
- 21.Deposit of rent by the tenant
- 22.Time limit for making deposit and consequences of incorrect particulars in application for deposit
- 23.Savings to acceptance of rent and forfeiture of rent in deposit
- 24.Vesting of appellate authority on officers by State Government
- 25.Power to summon and enforce attendance of witnesses
- 26.Execution of orders
- 27.Institution and disposal of applications
- 28.Power to transfer proceedings
- 29.landlord and tenant to furnish particulars
- 30.Penalties
- 31.Controller to exercise power of a magistrate for recovery of fine
- 32.Validation
- 33.Power to make rules
- 34.Repeal and savings
- 35.Repeal of H.P. Ordinance No.5 of 1987
Schedules and appendices
Schedules are not yet reproduced here. Read them in the official file; each link opens the page where the Schedule begins.