Section 30: Penalties

The Himachal Pradesh Urban Rent Control Act, 1987

The High Court of Himachal Pradesh is reported to have struck down section 4, and sections 5 to 8 and 30(2) in so far as they depend on it (Chaman Lal Bali v. State of Himachal Pradesh, 2 August 2016). See the note on the Act page.

How current this text is

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.

(1) If any person contravenes any of the provisions of section 10, section 11, section 12 or section 29, he shall be punishable with fine which may extend to one thousand rupees.

(2) If any person contravenes any of the provisions of clause (a) of section 7 or section 8, he shall be punishable with imprisonment which may extend to two years and with fine.

(3) The specified landlord or widow, widower, mother, father, child, grandchild or widowed daughter-in-law of such landlord, as the case may be. who having evicted tenant from a building in pursuance of an order made under sub-section (2) of section 15 does not occupy it for a continuous period of three months from the date of such eviction or lets out the whole or any part of such building, from which the tenant was evicted, to any person other than the tenant shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or both.

(4) No court inferior to that of a magistrate of first class shall try any offence punishable under this Act.

(5) No court shall take cognizance of an offence punishable under this Act, unless the complaint in respect of the offence has been made within three months from the date of the commission of the offence.