Section 8: Fine or premium not to be charged for grant, renewal, or continuance of tenancy

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) Subject to the provisions of this Act, no landlord shall claim or receive any rent in excess of the ¹[standard rent], notwithstanding any agreement to the contrary.

(2) No landlord shall, in consideration of the grant, renewal or continuance of a tenancy or sub-tenancy of any building or rented land, claim or receive payment of any premium, pugree, fine, advance or any other like sum in addition to the rent.

Footnotes in the official text

1.Substituted for the words “fair rent” vide H.P. Act No. 8 of 2012.