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Section 34: Repeal and savings

The Himachal Pradesh Urban Rent Control Act, 1987

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(1) The Himachal Pradesh Urban Rent Control Act, 1971, (23 of 1971) is hereby repealed.

(2) Notwithstanding such repeal, but subject to the provisions contained in sub-section (3), all suits, appeals and other proceedings, including execution proceedings, under the said Act, pending before any court of appellate or revisional authority, on the appointed day shall be disposed of in accordance with the provisions of this Act, as if the provisions contained in this Act were, at the relevant time, in force.

(3) Nothing contained herein shall authorise any court or authority or tribunal to re-open any suit or proceedings in which the orders passed have already become final and executed.