Section 6: Increase in standard rent in certain cases admissible

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[(1) Save as provided under section 5, when the standard rent of a building or rented land has been fixed under section 4, no further increase in such standard rent shall be permissible, except in cases where some addition, improvement or alteration or special repairs has been carried out in the building or rented land by the landlord at the request in writing of the tenant:

Provided that the standard rent increased under this sub-section shall not exceed ten per cent of the cost of addition, improvement, alteration or special repairs.

(2) If the tenant fails to pay the revised standard rent, he shall be liable for eviction under section 14 of the Act.]

Footnotes in the official text

1.Section 6 substituted vide H.P. Act No. 8 of 2012.

Questions on this section

1 question in 1 of our papers cite Section 6.