Section 7: Landlord not to claim anything in excess of standard rent

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[Save as provided in this Act, when the Controller has fixed the standard rent of a building or rented land under section 4, the landlord shall not claim or receive any premium or other like sum in addition to standard rent or any rent in excess of such standard rent, but the landlord may stipulate for and receive in advance an amount not exceeding three month’s rent in lump sum:

Provided that any agreement for the payment of any sum in addition to rent, or of rent in excess of such standard rent, shall be null and void.]

Footnotes in the official text

1.Section 7 substituted vide H.P. Act No. 8 of 2012.

Questions on this section

1 question in 1 of our papers cite Section 7.