Punjab Rent (Amendment) Act, 2013

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193

PUNJAB GOVT. GAZ. (EXTRA), APRIL 16,2013


(CHTR26, 1935 SAKA)
PART I
DEPARTMENT

OF LEGAL

AND

LEGISLATIVE

AFFAlRS,

PUNJAB

NO I([FICr',_TION
TheI6thApril,2013

No. 33-Leg.l2013.- The following


Punjab

received

the assent

of the Governor

of Punjab

of the State of , .

on the l Oth Day of

for generalYXWVUTSRQPONMLKJIHGFEDCBA
in f o r m a t io n '-

April, 20 J 3, is hereby published


THE

Act of the Legislature

P U N J A B R E N T (A M E N D M E N T ) A C T ,

(Punjab

2013

Ad; No. 33 of 2013)


AN
A C T ONMLKJIHGFEDCBA

fu r th e r

to a m e n d

th e

BE it enacted
fourth

P u n ja b R e n t A c t.

of the State of Punjab

by tile Legislature

Year of Republic

1995.

in the Sixty-

of India, as follov\'s:-

This Act may be called the Punjab Rent: (Amendment)

2..

In the Punjab Rent Act, 1995, (hereinafter referred to as the principal

Act), in section

3"

2, clause

(k )

shall be omitted.

Act, for section 3, the following

In the principal

substituted,

Act, 2013.

section shall be

namcly:"3.

Short title.

Amcndrncn: in
section 2 O i
Punjab A c t 1 3
nf2(lJ1.
Substitution

or

section 3 of
Punjab Act 13

(1)

Norhing

Premises
(a)
exempted from
.
tile operation
of the Act.
(b )

in this Act shall apply,-

to any premises

oC2012.

let out before the commencement

ofthis Act;
to

any premises

Government

belonging

to o r

or the Government

let out to the State


of India or a local

authority;
(c )

to any
cornmenc

prem ises

constructed

on or after

.. nent of this Act, for a period of fifteen

years from the date of completion


E x p la n a tio n

The

i.:

construction"

expression

"date

of construction;

of completion

shall mean the date of completion

to the concerned

the

authority

or of assessment

of

as intimated

to property

tax,

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194

PUNJAB GOVT.YXWVUTSRQPONMLKJIHGFEDCBA
G A Z . (EXTRA), APIUL 16, 2013
(CHTR 26, 1935 SAKA)
whichever

is earlier,

wasc~mpleted
concerned

has been

thereof

or was asse~sed

w~s sent to the


to property

tax,

is earlier.
The expression

J I-

include-

(i)

the premises

and an intimation
authority

whichever
E x p la n a tio n

and, where

in stages, the date on which the initial building

constructed

"premises

constructed"

shall

. .

re-building

of more than seventy

five per cent of an

existing, building; and

.(ii)
(d )

additional

construction

to any premises

to an existing building;

let out to citizens

of a foreign

country

embassy, Big') Commission,

legation or commission

State or suchinternational

organization,

by the State Government,

an

or

ofa foreign

as may be specified

by notificati?11

in the Official

Gazette;

(e)

to any premises

belonging

if:' such religious,

charitable

or

educational

(j)

fled

trust or class of trusts, as may be speci

State Government,

b y notification

in the Official

to any premises let out by a hire-purchaser,

b y the

Gazette;

lessee or sub-lessee

(by whatever name called), who has been allotted such premises

by the Punjab Urban Development


authority

by way of an agreement

sub-lease,

even before the full ownership

hire-purchaser,
(2)i:;'or

non-residential

permissible.

of the contract

premises,

contract

and litigation

A landlord violating

rent for the ieriod, in question,

rights accrue to such

renting shall be admissible


shall be governed

by

under any other law shall not be

the conditions

the conditions,

lease or

as the case may be.

Such premises

agreed to b: the parties shall not be entitled


and if the tenant violates

of hire-purchase,

lessee or sub-lessee,

during the subsisting /::riod of contract.


the conditi..ns

Authority or any other Iocs ~

laid down in the contract

and

for rent for the period of VIolation

he shall be liable to pay double

in addition to immediate

dispossession

the

througl.

the Rent Authority.".


Amendment in
section 4 of
Punjab Act i3
01'2012.

4.

following

In the principal
sub-section

Act, in section

shall be substituted,

4, for sub-sections
namely=

(2) and (3), the

j~-VY ONM

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195

PUNJAB GOVT. GAZ. (EXTRA), APRIL 16, 2013


(CHTR 26, 1935 SAKA)
"(?) Notwithstanding

anything

contained

Act, 19(,8 ( J 6 of 1908), every agreement


(1 )

shalt be in the

Form specified

shall be egisteredwith
of registration

the RentAuthority

concerned

on payment

.".

6, the following

section

shall be

namely :"6.

The rent payable

in relation

rent between

payable
rent

Provided

to the premises

the landlord

that the agreed

r to this Act and

in Schedule

fee of rupees one' thousand

In the pi incipal Act, for section

5.
substituted,

in the Registration

referred to in su b-section

shall be agreed

Substitution of
section 6 of
Punjab Act J 3
of2012.

and the tenant:


.

rent shall be increased

.,

by five per

ji

cent of the last rent for two years and the third year increase
be based

upon the increase

correspor

'ling three years.ONMLKJIHGFEDCBA

E x a m p le . -

in the Consumer

If the Consumer

;1

shall

Price Index over the

Price Index increases

by eighteen

per cent ir three years, the rent for the fourth year shall be the rent
for the firs' year multiplied

by one point eighteen.

This cycle shall

continue."
6.

In the prin .pal Act, section

7.

In the principal Act, in section 9, for sub-section

sub-section

shall be substituted,

7 shall be omitted.

Omission of
section 7 of
Punjab Act 13
0[2012.

(1), the following

"(1) Where a landlord has, at any time, with or without the approval
the tenant,

incurred

alteration

expenditure

in the premises

for any improvement,

not being expenditure

repairs necessary or usual for such premises,


addition

or alteration

of the premises,
amount

8.

addition

on decoration

or structural
or tenantable

increase

in determining

-n per cent of such cost.".

In the princip 11 Act, in section

In the principal
!

the rent

the rent per year by an

10: sub-section

(3) : shall be omitted

Amendment

in

section 10 of
Punjab Act 13
0[2012.

9.

of

and the cost ofthat improvement,

11: ') not been taken into account

the lap 1I0rd may lawfully

not exceeding

Amendment in
section 9
Punjab Act 13
01'2012.

dr

namely:-

Act, sections

Il and 12 shall be omitted.

Omission of
section YXWVUTSR
I I and
12 of Punjab
Act 13 0[2012.

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PUNJAB GOVT. GAZ. (EXTR.A), APRlL 16,2013
(CHTR26, 1935 SAKA)
Amendment in
section 20 of
Punjab Act 13
of2012.

HL
"w l

s th e r

In the principal
before or after

Act, in section

196

20, in sJJb-se,dion

(2), the words

of this Act", where~er

th e .c o m m e n c e m e n t

occurring,

shall be omitted.

11 .. In the principal Act, for section 24, the following


Substitution YXWVUTSRQPONMLKJIHGFEDCBA
of
2 4 of
substituted, namely> ONMLKJIHGFEDCBA
Punjab Act 13
01'2012.
" 2 4 . 0) Where the landlord is,-

section

shall be

section

Right to recover
immediate
possession of
.. premises to
a c c u r c to
widows.
handicapped

(a)
(b )

and the prem ises let out by her, or her

husband;

or

a handicapped

(c )

p e rs o n s ,

(d )

a freedom
daughter

le t

or

years

out by him or her; or

fighter, his widow or dependentson


and the premises

living with him or her for residential

or non-residential

for recovery

or

let out by him or her;

by him or her for his or her family or for anyone

apply to the Rent Authority

ordinarily

use, he or s h e may

of immediate possession

of

premises.

(2)
more

let out by

a person who is of the age of sixty-five


more and the premises

freedom lighters
and nonresident
Indians.

such

person and the premises

him or her; or

p e r s o n s , o ld

is required

a widow

Where the landlord referred

than one premises,

application

it shall

under that sub-section

one non-residential

premises

in respect of anyone

each chosen

E x p la n a tio n =

1. For the purposes

person"

shall mean a person

by

for the time being to the benefits

and

an assessee,

of deduction

-Il. The right to recover possession

under

under th is section

on ly once in respect of each for residential

and for non-residential

use.

Where an owner is a non-resident


residence,

an

"handicapped

who is, as being

SOU of the Income Tax Act, 1961.

for permanent

has let out

residential

of this section

section

shall be exercisable

(1 )

him or her.

entitled

E x p la n a tio n .

(3)

to in sub-section

be open to him or her to make

Indian and returns

to India

he or she may apply to the Rent Authority

recovery

of immc Jiate possession

premises

let out by him or her on or prior to the commencement

of residential

orland

for

non-residential
of this

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Pu}:TAB GOVT. GAZ. (EXTRA), APRIL 16, 2013

197

(CrITR 26, 1935 SAKA)


Act, which
ordinarily

are required

for his or her use, or for the use of anyone


on him or her.ONMLKJIHGFEDCBA

living with and dependent


"non-resident

E x p la n a tio n =

who is either permanently

Indian"

or temporarily

settled outside

for or on taking up employment

(ii)

for carrying

(iii)

for any other purpose, in such circumstances,

on a business

In the principal

substituted,

namely

outside

or vocation

Act, for section

origin,'

India, in either case-

(;)

his intel~tion to stay outside

12.

means a person oflndian

India; or
outside

India; or

as would indicate

India for an uncertain

26, the following

period.".

section

shall be

:-

"26. WithoYXWVUTSRQPONMLKJIHGFEDCBA
.r t the previous
consent, in writing, of the landlord, no tenant
Restrictions
sub-letting.

(a)

;'n

Substitution of
section 26 of
Punjab Act 1 3

of2012.

shall _
'

sub-let the whole or any part of the premises

held as atenant;

or
(b )

13.

u .rnsfer or assign his right in the tenancy or any part thereof".


Act, in section 36,-

In the principal
(i)

for sub-section

(1), the following

sub-section

shall

be

SUbstituted, namely:"(1)

of201:~.

The State Government

may, by notification

Official Gazette, appoint as many Rent Authorities


fit and define

the limits within

shall exercise

the powers

imposed
(ii)

14.
sub-section

in ~.ib-section

In the principal

An
A c t,

t'

conferred

each Rent Authority

and perform

(2), for the word "Government",

the duties

the words

shall be substituted.

Act, in section 37, for sub-section

shall be substituted,
"(6)

which

in the

as it thinks

upon it by or under this Act."; and

"State Government"
If.

Amendment in
section 36 of
Punjab Act 1 3

(6), the following

namely :_

rder made by a Rent Authority

or the Tribunal

or an order passed

shall be executable

RentAuthority
for this purpose
all the powers

designated

in appeal,

by the Tribunal

the Rent Authority


of a Civil Court.".

under this
by a

in this behalf and

so designated

shall have

Amcndment i l l
section 37 of
Punjab Act 13
of2012.

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PUNJABGOYT.GAZ.(EXTRA),APRIL 16,2013

I ~

198

(CHTR26, 1935SAKA)
Amendment in
section 39 of
Punjab Act 13
of2012.

15.

In the principal Act, in section 39, for the words "Government

of

Punjal. ", the words '''State Government" shall be substituted.

}.6 . In the principal Act, in section 48, in sub-section (1), for the words
Amendment in
section YXWVUTSRQPONMLKJIHGFEDCBA
4 8 of
"Government of Punjab", the words "State Government" shall be substituted.
Punjab Act 13
0[2012.
Amendment in
section 51 of
Punjab Act l3
of2012.
Amendment in
section 52 o f .
Punjab ACI 13
of20 12.
Amendment in
section 54 of
Punjab Act 13
of2012.

17. In the principal Act, in section 51, in clause (b), the figures and
signs" II, 12;" shall be omitted.

18.
"GOVt

In the principal Act, in section 52, in sub-section (2), for the words

rnment of Punjab", the words "State Government" shall be substituted.

9.

In the principal Act, in section 54, for proviso to sub-section

(3),

the foi owing proviso shall be substituted, namely


"Provided that no appeal shall l ie aga inst an order or a decision of
Lie Rent Authority made under section 21 or section 33.".

Omission of
section 60
Punjab Act 13
of2012.

20.

In the principal Act, section 60 shall be omitted.

Amendment in
section 67 of
Punjab Act 13
01'2012.

21.

In the principal Act, in section 67,-

or

(i)
(ii)

sub-section (1) shall be omitted;


in sub-section (2), for the words "one hundred rupees", the
words "five hundred rupees" shall be substituted;

(hi)

in sub-section (3), for the words "five thousand rupees", the


words "ten thousand rupees" shall be substituted;

(iv)

in sub-section (4), for the words "five thousand rupees", the

words "ten thousand rupees" shall be substituted; and ONMLKJIHGFEDCB


(v )

,
1

words "ten thousand rupees" shall be substituted.

i
Omissionlof
section 7 1 and
72 of'Punjab
.
Act 130112012.

in sub-section (S), for the words "five thousand rupees", the

22.

In the principal Act, sections 71 and 72 shall be omitted.

tsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA
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.......

'

PUNJAB GUVT. GAZ. (EXTRA), APRIL 16, 2013

199

:CHTR26, 1935 SAKA)


Act, for section 75, the following section shall be
--Z-3-.-I-n-t-h-e-p-r-i'-1c-i-pa"'
substituted, namely>
"75.

(1)

011

Repeaiand

the commencement

)rban Rent Restriction Act,


.

No.Ill of

savings.

of this Act, the East Punjab, .

i 949),

t 949

Substitution of
section 75 of
Punjab Act 13
o f'2 0 1 2 .

(East Punjab
Act
.

is hereby repealed:

Provided that such repeal shall not affect.(a)

the previous operation of the Act so repealed

or anything

duly done or suffered thereunder;ONMLKJIHGFEDCBA


(b )

any right, privilege, obligation or liability acquired, accrued or


incurred under the Act so repealed;

(c )

any penalty, forfeiture or punishment incurred in respect of


any of''ence committed under the Act so repealed; and

(d )

any investigation,
any

Sll

legal proceeding or remedy in respect of

-II right, privilege, obligation, liability, penalty, forfeiture,

and any such investigation, legal proceeding or remedy may be instituted,


continued or enf reed and any-such penalty forfeiture or punishment
may be imposed as if the repealing Act had not been passed.
(2)

Notwithstanding

the repeal of the East Punjab Urban Rent

Restriction Act, 1949 (East Punjab Act NO.III of 1949), under sub-section
(1), all cases and other proceedings in respect of the premises, other
than owned by a non-resident Indian, let out prior to the commencement
of this Act shall be governed and disposed of in accordance with the
provisions of the Act so repealed."
24.

In the principal Act, for SCHEDULE I, the following SCHEDULE

shall be.substituted, namely:-

of
I

of Punjab Act
130f20J2.

"SCHEDULE
(S e e

section 4)

Form of Agreement
I

(t? be typed on Bond Paper in three copies, one each for the Landlord,
the Teriant and the Rent Authority).
I

Substitution
SCHEDULE

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200

PUNJAB COVT.GAZ. (EXTRA), APRIL 16, 2013


(CHTR26, 1935 SAKA)
AGREEMENT
This agreement

is made between

Authorised Attorney/Landlord
(tenant) on
Jay of

Owner/

and
lessee
(month and year) for letting out of

(:)f

namely> YXWVUTSRQPONMLKJIHGFEDCBA

premises on the following terms andconditions,

(i)

The tenancy will be for a period of

(ii)

The starting rent will be Rs .

(iii)

The maintenance charges at Rs.

._ - - ,

months/years.
per months.

per month will also

be paid along with rent.


(iv)
(v )

The property tax will be paid by the tenant.


. ONMLKJIHGFEDCBA

.'

The day to day repairs

(Part 'B') of Schedule-Il

will be the

responsibility of the tenant.


(vi)

Therepairs , to damages in part

'N

of Schedule-Il will be carried

out by the landlord unless caused by the negligence of the tenant.


(vii) The rent and other payable charges will be paid by

.._

by

giving

day 01: month in advance/the following months.


(viii) The tenant will have the option to vacate the premises

three months notice.


(ix )

The rent will be increased j,y five per cent per year on

the third increase wi I I be proportionate to the increase

and
in whole
period
(x)

sale Consumer
to

Price Index over the three


[Sec. 6].

on the expiry of the period contracted, i.e. on


month

day

year

(x i)

The electricity and water bills will be paid by the tenant.

(x ii)
,

Both the iandlord and the tenant agree to abide by the conditions of
the

P u n ja b

Rent Act, 1995.

,
I

IT e n a n t

years

The tenant agrees to handover the vacant possession of the prem ises
of

Landlord

"

, ""

". ~ -< ,.

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tsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA

201

PUNJAB GOVT. GAZ. (EXTRA), APRIL 16,2013


(CHTR 26, 1935 SAKA)
REGISTRATION

This agreerr .cnt is presented for registration before me in the office of


the Rent Authority by
jointly

on day

Landlord and
Year at._ _

01

. Tenant'

-.,.-__

The contents of the this deed have been read over and explained-to
the executants,

who admit the execution of this agreement to becorrect

as

agreed to.
The agreement has been registered in this office at Sr. No.
at pages

and Book No.

Dated:

Rent Authority.".

25.

In the principal Act, SCHEDULE r v shall be omitted ..

26.

In the principal Act, SCHEDULE VIII shall be omitted.'

Omission of
SCHEDULE
ViIr of Punjab
Act 13 of20J2.

27.

In the PI'; tcipal Act, SCHEDULE XV shall be omitted.

Omission of
SCHEDULE
X V of Punjab
Act 13 of2012,

Omission of
SCHEDULE IV
of Punjab Act
130[2012.

H.P.S. MAHAL,
Secretary to Government of Punjab,
Department of Legal and Legislative A ffairs.ONMLKJIHGFEDCBA

0 2 0 3 1 4 /0 1 3 IP b .

G o v t.

Dress.

S .A .S . N a g a r

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