LatestLaws.

com
LatestLaws.com
Bare Acts & Rules
Free Downloadable Formats

Hello Good People !

LaLas
1973 :Haryana ACI 11 I URDAN ( C O N ~ O I .OF EM A X D EV~CTION) 5

THE HARYANA URBAN (CONTROL OF RENT AND

EVICTION) ACT, 1973.
TABLE OF CONTENTS
Sections
I. Short tille and extent.
2. Definitions.
3. Exemptions.
4. Determination of fair rent.
5 . Revision in fair rent in certain cases.
6. Landlord not 10 claim anythng in excess of fair rent.
6A. Deposit nf rent.
7. Rent which should not have been paid may be recovered.
8. Increase of rcn! on account of payment oC rates, elc., of local authority.

LatestLaws.com
9. Landlord to provide certain amenities.
10. Landlord not to inlerfere with amenities.
1I.
LatestLaws.com
Conversion of a residential building inro a non-residential building.
12. Failure by landlord ta make necessary repairs.
1 3. Evicrion of tcnanls.
13A. Special procedure for disposal of applicauon in ccflain cases.
14. Decisions which have become final no[ ro be re-opened.
15. Appellate and rvisional authoriries.
16. Power to summon and enforce attendance of witnesses.
17. Cosu.
18. Execution of-orders.
19. Insritulion and disposal of applications.
20. Power to kansfcr proceedings.
20-A. Transfer of proceedings and filing of appeals and revisions again51 orders uf
Subordinate and D i s ~ i c Judges.
t
2 L . Landlord and tenant to furnish pmiculars.
22. Penal ties.
23. Power to make des.
24. Repeal and Savings.
SCEDULE
1973 : Haryana Act 11 1 , uRBAi.i (rub] ROL OF K13r,IUD EV~CT~OEI) 7

'THE HARYANA URBAN (CONTROL OF RENT AND

EYICTION), ACT, 1973
1
. , (FRYANA
, . ~ cNO. r 11 OF i 973)
(Received rhe assent if the Goven~orof Haryarln on the ,

25dlAp* 1973,or!dfirs1publislredinHaryu,1aGovernnen~ '

Gazerte (,~ g r .a i r d-i n u rLeg

~ )islat ive,Suppleyen~
, - I n_J
Paq
27rh April, 1973:)
3 , .
m ,4 , - - , .,
Shorl [title -Whether repealed or qlherwise
. ,.
affec!ed by Icgislation.
. The Haryana, : , Amended by Halyana Act 4 of 1974'
., Urban (Con- . Amended by'~aryana,4 c t 14 of 1976:
' ..i o. l - o f ~ g n t ' Amended by Haryana Act 16 of 197a4
2 -

and'Eviction) Amended by H q m a ,Acr 5 of 197g1

Act, 1973. Amended by Haryana ACLI 1 of 198@
-: . Amendcd by Haryana Act 17 of 1988'
,,

: Amended by Haryana Act 10 of 1990s

AN . .

LatestLaws.com ACT
to coiitrd the incrc;lre of rent of certain buildings and rented land
situated within the limits of urban areas, and the
. - ,.

eviction of tenants therefrom.

BE il enacted by the Legislature of the State of Haryana in the
Twenty-foudh Year of the Republic of India as follows ,:-
I. (1) This Act may be called the Haryana Urban (Control of SIior~W e a d
. . exrenl.
Rcnt and Eviction) Act, 1973.
i. For ~latemenrof objects and Reasons. see H a q n ~ i i zGo~~ernnzenr Gotette
(Extraordinary), dared the 5th March. 1973. page 259. -#
, ,,

2: ,For:Slaternent of Objecrs and-,Reasons,see Hntyana Governrnerrf

. ,
Guzeite
(Exlraordinary),dated [he2nd J-anuary,- .1974.. page 8.
?.,,For ~latehent' df bbjecls and ~easons.see Hatynn ~ h v e r , ~ r ~ r Gaierre
e,~t
'(Ex~rabrdinar~), dated thk7th ianu'ary. 1976. page 48.
4. For Statement of Objects and Reasons, see Haryatra Govcrn~llerrrGazette
,, d March. -1978, page 276.
(Extraordinary), dated ~ h 81h
5 . For Statement of Objecls nnd Reasons, see Hnryrrr~a Governn~errrdflzcffe
(Extraordinary), dated the 21 st ~ecebber,'1978, page 1708.
6 . For Statement 'ofObjects and ~easons;see -Iiaryarra Governmettr Gazette
@xtraordinary);,dared the 261hFebruq; 1986;:page 3 16:
. Statement-of-Objects and,Reasons,-{ee Hnquan Goverr~ttrerlrGazerre
7-, For
. :, :.
p~traordiiar~j, datcd the 21st March? 1988, page 372.
8. For Staternen1 af objects and ~'easatis;see ~o~na'~Go~~iiiln~drii,Gnrerte
(Extraordinary}, datcd the I9h March, 1390. page.488. . .., .... ,
 (2) It shall cx tend to all urban areas in Haryann but nothing
herein contained shall apply to any cantonment k e a .
l[3) Nothing in this Act shall apply to any building the
construction of which is completed on or after the commencement of this
Act for a period of ten years from the date of its completion.]
Defmitions. 2. In this Act, u f i k there is anything repugnant in the subject or A

context,- .. .

.(a) "building" means any building or a part of building ier for

. any purpose whether being actually used for that purpose or
not, including any land, godowns,-out-houses, gardens,
lawns, wells or &ks appurtenant to such building or the
. ,

furnit& letmh&w~th or any fittings amx,edto or machinery

installed in &ch'building, but does,noi include a room in a
horet, hostel w boarding house :
(b) "Controller"means any person who is appointed by the State
Government to perfbrm the functions of a con troller under
this Act;
LatestLaws.com
(c) "landlord" means any pers-on for the time being cntitled to
receive rent in respect'of any building or rented land whether
on hiskown-acco~nt'or on behalf, or for the benefit, of any
other person, or as a tnrstee, guardian; rkceivcr, executor or
administrator for any other vrson, and includes a tenant who
sublets any building or rented land in [hemanner hereinafter
provided, and every person from time to time deriving title
undcr a landlord ; . . ,.

?(d).. "non-residentialbuilding" means a building being used- -

{i) mainly for the purpose of business,or bade; or ,

(iij partly for the purpos-eof business or trade and partly for'the
purpose of residence, subjei( tb the c o dlion rhar the-person
who ekes in buiinessbi.trade ., . in the building resides
. ... 1

there : :' ,; . . , I t

Provided that if a building is let out for residential-'and

nonresidential purposes separately to more than one person, I .
.
the pornon thereof let our for the purpose of residence shall ,

not be treated as a non-residential building. , ,, . ., ,

1. For Statenlent of Objects and!Reasons. ree - ~ ~ & n ~hi v & ? m e r l r ,Chrerte

., @xtraordinary),,dated 1978,.page276.
the 8lh,~arch;
. ( .
, .
, p i : ' , , > ,

2. Substituted by Haryana-ACI 14 of 1g76 scctibn 2. . - - . . -.

% . - , -
, - ..
1 :
 1973 :Haryana Att I 1 1 URBAN (CONTROL OF !?~4'f AKD EV~CTJDX~') 9
- - *.
. ,

E~p1pnariotz.- Where a building is used mainly for the purpose of

business or trade, i t shall be deemed 10 be a non-
residentialbuilding even though a small portion therof is
used for the purpose of residence ;]
m , ,

(e) "prescribed" means .prescribed,by rules made under this

- Act; .. '

in "rented laid" means any land kt separately for the purpose

of being used principally for business or trade ;
. ,
,, m

(g) "residential:building" means any buildingwhic h is not a non-

.residential building.;.*-:,- . .,. . .. .. . ,
, ,

, .
., . , ., . ..- , I
., ...
(11) " tenanl".,meank.any person by whop or on - whose account , , .

I:
. rent is payable f q a building or,reniedland and includcs a,
tenant continuing,in po&ession aft+ [he temhnarion of his
tenancy and in th2 c k n t of such person's deaih, such of his
....,

-
'
, ,
LatestLaws.com
heirs as ;ire riicntioned in ihe Sched~le4appended
~'andwhowekordlnariljresidingwithhima~the~imeofhis
to this Act

,dEath, but 'does not include a person' placed in occupation of

. a building oikfited lPnd by its ierianr, sxceplwith the written-'.
" .I

cohsent of the landlord, or person to whom' the cblIeetion of

,rent'bfe& *'a $Aid mkket, kart-it and orlslaughlcr-house -
o r of rknt for shops- has'been framed ,out, o r [cased by a '

I - : - municipal, town or notified area commi,pe ;

I . . .. . ' .. , - .. ,-

, . ( i ) "urban area" mea'nb any area administered by a municipal

I... bo&k?tiqe, a nohied
area commitlee, Faridabad ~ p i t - i ~ l e x
~dministiationor any a k a declarcd by tho State ~ o i i m r n e n t
by notification to be urban area for the purpose of this Act.
1 .
, . - . . ..- ,
.., 8 -
- .: 1' .
,3,. The State. Goyemmeqi ,may direcr that all, ;or any of thc Exemptions.
provisions of this Act shall not apply to a" y paicular building
. or rented .

land or to any class of buildings or rented lands. . ,;;-;I: ; ,!

4.. : (irj:!-~he
Controller ,Shhll,,on application by the tenant or the Determination
landlord of a building or rented land. fix the fair:rent for such bulding or of , '

renled land after holding such eriquiQ'asm he may think fit. Such fair rent .
shall -be operative from the-dareof.appljcation.
1 ,, ,r I ..I . . .., ,
 >... , .; '

''[(Z} In fixing rhe fair rent under this scction, the Cbntroller
' ..'
shall first detr&ne the basic rent which shall be+ I ,
I . '

- {a) In respect of the building the,consbuction where of was

completed on or before the 3 1 st day of Decernbcr. 196 1
or land let out before he said date, the rent prevailing in
the locality for similar building or rented land let out to a
new tenant during the year 1962; and
.,-- . .
'. , , 4 / I -
. 1
I ,
.

(b) in respect 06 .the building the construc;tipn where of is

completed after the 3 1st day ofDecember, 196 1 or land
Iet out after the said date, che Tent agreed upon between
the landlord-and the tenanl, preceding,the date of &he
applicaljon, or where no rent has been agreed upon, the
' -
b a s z rent shall be ditermine'd'onthe basis.'of the rent
prevailing in the loialitli foi-Giiilar~bbildi@or rented
I . '

- .
land. at the datd of applicadon~)
. .... . .
' -j , I

J':. . , , : , .,

LatestLaws.com
, (3) 1n @ing thef& nnt; the ~ o n t r o l l ~ r illow
,

or. decrease on rhe basic rent detcnyined

m s ~ an incredse
. . . . , : . , , _ under,sub-section (2), not
exgeeding tyenty-fiye per c&hrm of ,(he rise . or.. . i n thc &ral leval > .

of prices $rice : the dqre:bf agreed rent ,OFt be date ;of aibliction, as the
care may.be, in accor,&nSe,wilh,, the '(avc~ngeo f All-lnd; .- Wholesale :

Price,lndexNumbers, as dcte&ked, by ihe ~.overnmc~t.of lndia, for thc

calendar year immediately preceding th; date of appl ica0bn .]
(4) Notwiihhtidii$ that 'ihe..fair1iehl,fokbliilding or rented
land has been fixed under the East Punjab,,Urban . . Rent Restriction Act.
1949 (h&inafter referred 'to 'as lhe 1949 Act], a landlbrd br tenant of
such buiiding oi '&nleqt , ; . : ,.. to- get k'fiir
. , . , . i&d shill be $titled . . .-,-. rent fixed
.. . . ;: ., . .
undkr 'thib'ikction. . .. .., . . .
I - I
, ,
I
,
,I ...I I -1 ,
, . .., -.

(5) Notwithstanding anything contained in this Act, the

r fix the fair lent on the basis'dfth=compromisearrived at
~ o i t r o l l emay
'

between .the-p&ies t~:the'~ioceedin~s:~~cch -rent shall be binding only ,

, , . , . I. . . , . :1':. - -. . , .
. . ., . ,
between the parties and theii-heirk.. -
, 1,. 1 ,
J . . I ,

Revision in fair , 5. ( 1 ) When the fair,rent of a buijding w:rented;landhas been

jmeda* fixed undei sec~ioion4, n a furt her,inqeasc or,decrease in:such.fairrent :
cases.
y shall be permissible.for a period.-offi,ye,yew:; . :;; ,:: -!: , . , ,. ,
I # >
4

, .>. ,!

. , ' , . r , I ,
I

1. Substimred by Haryana ACI 14 of 1976, section 3.

2. Subslitutcd by Haryana Act 16 of 1978.
 - -.
1 .
. - ;8 ' , , ,
. . ' ' I . - .
I973 :Haryana Act 11 1 ~ B A (UONTKOL
N OF RLYT AND EVILTION) I1

r:
Provided that an increase may bc allowed in cases where any
addirion, improvement or alteration has been carried out at the expense , ,

of the landlord; and in the budding or rented land which is in occupation

of h e tenant then at the request,of he : . . .

..
, ,- ,
Provided further that thidecreag~may be allawed in &es where
there is a dccreasc or diminution in the accommodatjon or amenities
provided. . . ,

" dispute
~ '(21 A
between [lie landlordhnd the tenan; in regard
. . . . or'd&rease under this section shall be decided by the
to- any .incsease
,
., . :
~Liiii-biler. >

.-, , >, .
,

.6. Save as provided in thj s Act, when the Controller has fixed Landlord not 10
ti; faii
. . , Lent of a b"irding or reited l&d'unde: Section 4,-.
.
claim anflhing
, . ..I

I .
,
in excess of : - ' I , ' . ' . 1: . -

- , , .
, .' ' ,. . (a), the.land1ord shall.not claim,or receive any premium or fair rent. - - - ' :
.:. , ... , :! - other like sum in addj tion to fair rent or any rent in,excess
: . : of.such fair rent, but. ~he.landlordmay stipulate fgr and
LatestLaws.com
# .

receive in'advarice an amount nor exceeding one month's

,
rent ; . ,
' , ,
-
i!
,. - . - '!.I,:,
3 ,
. , ',I I

' '
.
:, -.m:,r
( b ) any
.. qgree-ment for rhe p&ieht'of
my suh'in idditioo to
fair ienhp of rent id excess of such fair rent sha1l:benull
. I

and void.
1,;!'[6Ar(I-):~ o t w i t h s t i n d i i i ~ , a ~ f i h i nt ~ h e, tcoitraq!contained
o in Deposit of
any other laiifor the time being.h?orce;if a:laridlordrefuses to:teceive, re"[.
or grant a receipt for, any rent payablc in respect.of the building hrented
land when :tendered. , . to him by a tenant, the tenafl may apply LO the
,
, . ,
I 0 , .

~ontr6lle~ for leave to deposit ihe & i t in his ofice, and. the, Controllel-
,!', , 2 ::,:,,,,,->

shall receive
;i : - , thi,de!p⁢'if.,,afterenaidiiing,the Applicant, tie is sgtlsfied
b , ,

thitit;l$e.re
.. . is.. i"ffi$ient g-roliii&'fdr.
! I , & . the
.., ,ap@i~itib'ha n d i f h e i$pl,cant ..

pays the fee, ., if chaigeab;lcforthk ., ,- ..

by,
i s s,.k[ ;of the ;,:,
nptice'here'inafter
, .
.
; " ... : -
,
.
,;<I- ,
, 1 . '

provided. , . . .. .-...
.

: . , . _ I . .

(2) When a deposit has been received under sub-section ( I ) ,

. ',, -, . . , i <
i i'ihall b6 dcerned rdbe a piyrnerir made bythe tenant td:his landlprd in ,

. : , , ., . ,. ; , 1 . ,. . , I , , .+'i .- j ::.! ,, .
resp&:&fihe,rent due: . . .. ,,. .,. .
' . ' ' I
, I
,;;:: .;;. , 8 -1.' :. . <,, , .. - , -11 - .I
, '...,
, (3) : ,On receiyjng the,de.posit,
, , .. .. . the ~onvoller,
. .. , , give nqtike
. . shill , # I I I.:.I..

of the receipt thereof to the landlord and $hill pay the

.1...
amount
. . . . ihereof
. 1:.
ro
him.]
1. Insened by Haryana Act 16 of 1978.
 12 LIUUAN (CONTROL OF W T ANII EVILTION) 11973 : Haryana Act 11
. ...
I , . . . .I . '
'J-,
I

Rent which 7. Where any sum has, whether before or after the commencement
should no1 have of this Act, been paid which sum by reason of the provisions of the Acr
been paid may should not have been paid, such sum shall, at any time within a period of
be recovered.
six months after the date of baymen t, be recoverable by,the tenant from
the landlord who received the or his legal representative, and
t , 1
may, without prejudice to any, other method of recovery, be deducred,
within such sixmonths, by
, . such
., ... . any reit pa'yable by him. to
tenant from , , ,

such-landlord.
Explanarion.-In @issection the expression " legal representative"
. . , A .

has the same meaning as is assigned to i t in thecode of ~ i v. .:_

iProcedure,
i'
,-:..
I . . .

1908, and includes, in the case of joint family prbjerty', the joint family I

of which the dcceased person was a member.

- , . - , .. ,, - .
lncreasc of rent '8. ( I ) ~ o t ithstanding
w anything'contained in other provision dny
onaccountof oftheAct,alandlordshallbeen~tled't~increasd'th~'~ent'ofabu~ldi~~'
payrncnr or or rented land if after the commencement of the, tenancy, a fresh rate,
rates, ctc. of
local authority. cess or tax is levied in respect of the'tiuildingor rented land by any local
authority, or if there is an increase: in t tie amount of such a ratc, cess or
LatestLaws.com
tax being levied at.the commencement of -this,Act : . I .

Provided that increase in rent shall not exceed'the amount of ,

:\

. . , I . -
I
any' suchrate, ckis', of tax wihe amounl'of'ihcrease:in
c-! ' ,
such rite, cess or
. ' ,
.
tax, as the case hay be : '' ' ' '

,..
!...I ,Provided further t h a ~such ~ncrease:inrent shall be payable by
,

[hetcnant fromthg date of despa~chof rhe wetten:notice *f:dern;rndsent

by,thc-landlordilnder registered,cover.. : .; .,-. . , ,
,
, - ,,

"(2) ~dtdithstgnding&ythihg contained, .i. .~..any !. law for: the .

the'beirig
,! . . . ;:I '.. foice or'in any contract, no len&d
in shall. r&o+&frorn his' r

tenant the amouht . of a+ rite,&hsortax &'any portion

,
.[, there6iii-i+pe~t
..
'or renter? :arid occupied l$sudh fenant by any ihcieki
,:; '., - '

6f a n i.building
,J " ,- ,

o
in tlie hmount ine rent payable'oi oth&ile, i&e i s pi&ded in sub- . ,
~ ~ t ~ : i (bI i) r.
., :,, ,, - , ' i l . . - ' . ' ,,.,- : . , . , .:. I I
Lzndlord to . . 9., ( I ) Iftheame~ties~fel~rricity,sewarageortap,wa~ersupply,
. . ,
a
,

provide c e h n have been made available in any locaiity by the State ~ o v e r n m e nor
l
- I 1 .

amenities. loce! siiihority, the tenant of the building or rented land of such'locality
shall tie &ititled t'o'the enjoyment theieDf ~ b b j e c tto the-provisions
. - _ ' :. . , - I
- .,.
. ,, I .' 1. ' - , '
hereinafter contained. " ' '
I:,':

.
.,. -
m ,

- - . . , ..... -- ...---.... . .-- . -. . ... - .-

., .. ., ., .-
' , .. ; >,,;-,.:.,, .
 (2) If the landlord at the written request of the renanr fails to
agree in wriling to provide all or any of the amenilics within a period of
thirty days or fails to provide the same wirhin a period of ninety days of
such request, the lenant may apply to the Controller for thar purpose.
The Controller may, on such application by the tenant and after such
enquiry as he may deem fit, permit the tenant to have such amenity at
the cost of the landlord on such conditions as he may deem proper. The
tenant shall be entitled to deduct the expenses incurred by him in
providing the amenity from the rent payable to the 1andlord till the full
amount is-rkaliskd: .
.. j ,

Provided that the rate of deduction of such expenses shall not

excecd fifty per:centum of the amount of rent :
Provided funhcr that the Controller may reject the application
if he is satisfied thar such an. order wi 11 -cause undue hardship to the
landlord, keeping in view his source of income, or would involve
expenditure incommensurate with the benefit sought to he achieved.
1

LatestLaws.com
(3) The Controller may f i x the extent and speciIications of
t hc amenity as far as possible keeping in view the circumstances of the
case and also the estimated cost, thereof.
r.. . . , I

-.,
(4). . After the amenity has .been provided,.the tenant shall
- immediately.thereafter.send . h e details of the expenses incurred by .him
to the landlord. ' - :. ., _ . . ,.
, , .

(5) Ln case of dispute as regards thr: quantum of the amount

spent for providing the amenity, the .same shall he decided by the
Conmoller,afterenquiry on an applica~ionmade-to him.
' . ( 6 ) ' ~ h elandloidshall
be entitlkd to enhance the rent of the
building o i thk rented land to the entent of eight pei,c&tum ptr innurn
of the amount spent for providing such amenity fr& the date the amenity
is provided-: :, , , - , ,,

' ,-
~rovidkd!that where the ten& has initially incurred rhe
expenses for providing such amenity, the enhancement of rent shall riot
be allowed till the amount-spentby the tenant has been realized.
. .
10. (i.)NO landlord ?hall, wi thpu tjust and sufficienl cause, cut off Landlord not to
...
or wothhold any of the amenities enjoyed by rhk anant. interfere with.
amenilies.
\
rhe ControlIer may make an order directing the tenant io put the land-lord '

in possessi bn of the building or rented land and if,the Controller is not so

satisfied he shall make an order rejecting the application :
Provided that the Controller may give h e tenant a reasonable
time for putting the landlord in possession of the building or rented land
and may extend such time so as not-to exceed three months in the
aggregate. , ,

(3) A landlord may apply to the ControlIer For an order

directing the tenant to put rhe landford in possession-
'
(n) in rhe case of a residential building. if, -
(i) he requires it for his own occupation, is nor occupying
another residential building in the urban area concerned
.. and hasaot vacatcd such building without suificicnt cause
after the commencement of t h e 1949 Act in the said urban
- .area;

LatestLaws.com '[(ii) he requires i t for use an office or consultingroom by his

, , son who intends to start practice as a lawyer, qualified
architect or chartered accountant or ,as a "registered
\
practitioner" within the meaning of that expression used
,, ,k
in the Punjab Medical Registizilior! ~ c t 19 , 16,tlik Punjab
~ j i i r v e d i cand Unaii ~ r k t i t h n e i sAct, 1963, or the
'Punjab Homeopathic Practi tibners 'Act, 1965, or for the
residence of his son who is married :
Provided that such son is not occupying in the urban
:I . -. area concemed any other: building for use as office.
consulting room or,residence, as the:ease may be, and
.- has not vacated ,it without sufficient, cause after the
, ,
. , . .. .
cornencement
. of
... .the. 1949
.. Act
I.. ;]
' , ,

(iii) it was let to the'lenant -foruse' as residence by reason of

his being in the service or employment of the .landlord,
and the tenant has ceased, whether before or after the
commencement of this Act, to be in,.such service or
employment : , . ' .
Provied &at wherethe ,&n&t is a'workman who
. , has been
. discharged,or dishiked
, . , by 'the landl ~ r from
d
1. Subslituted by Haryana Act 16 of 1978.
I 973 : Aaryana Act 11 ] . L ~ R B A N(coxntoi. o~ KFN r ANU EI~ICI ION) 17

his service or employment in conmavention of the provisions

of the Induslrial disputes Acr, 1947, he shall not be liable
to be evicted until the competent authority under that Act
confirms the order of discharge or dismissal made againsl
him by the landlord ;
(iv) the tenant has already in his own possession a residential
building or subsequen 1l acquires possession of, ar erects,
such a building reasonably sufficient for his requirement
in the urban area concerned ;
( v ) he is a member of:the,mmed forces of the Union of India
and requires it ior the occupation of his family and
produces a cenificarc. from.the p s c r i b e d authority
referred to h s e c tion 7 of-the Indian Soldiers ( t i tigation)
, Act, 1925. that he is serving under special cqndirions

within the meaning of section 3 of that Act.

E,rplanatiou,-For the purposes,of this sub-clause "family"means such

LatestLaws.com
relations o f the landlord as ordinarily live with him and
aqe dependent upon him ; . .
. .

( b ) iri the case of rented land, if he requires it for his own use.
is not occupying in the urban area concerned for the..
purpose,of his,busines any other rented land and has not
I . vacated such rcntedland without sufficicn~cause aher
. thc commenccment ofthe 1949 Act; . . , . >

' (c) inthecaseof~nybuildingorrentedland;ifhcrequircsit

to carry out any building work at the insrance of the State
Government
. , or.loca1 aurhority or any improvement trust
. .

under some improvement or dcvelopmcnt scheme or if it

has become unsafe .or unfit. for human habitation :
Provided that where the tenancy is for a specified ,

period agreed upon between the landlord and the tenant,

the landlord shall not, except under sub,clause (11) of clause ,

(u),,beentitIed to apply under this sub-section before Ihe

expiry of such penod : . .. . ,,

Provided further that where the landlord hus obtained'

. . 'possessionof a residerilial building dr &red land under
. , ;
.

the provisions of sub-clause ( i j or sub-clause (v) of clause

'. ,
 ( a ) or clalise (b), he shall not be entitled to apply again
urider (he said provisions for the possession of any other
' building or rented land of the same,class :

provided further that where a landlord has obtained possession of

any building under the provisions of subxlause ( i i ) of
clause (a),he shall not be entitled to ripply again'under
he said sub-clausefor the possession of any other building
for the use or for the residence, ai the case may be, of the
same son.
' [(3A) In the,caseof a non-residential building, a landlord who
stands retired or discharged ?[ ]'from the k c d forces of the
Union of India or who was a minor son at the time of death of the deceased
landlord, and requires it for his perSonal use, may within a period of
three years from the dare of retirement or discharge or attaining the age
of eighteen years, as the case may be,, apply to the Controller for an
order dire~tingthe tenant to put the landlord i n possession :

LatestLaws.com
Provided that where the landlord has obtaincd possession of a
non-residential building under this sub-section, he shall not-be entitled
to apply again ,for the possession of any other non-residential building
I

of the samc class.] ,. . ,. I ., .

,

(4) The Controller shall, if he is satisfied thai the claim of the

landlord is bonafide, make an order directing thc tenant to put the landlord
in possession of the building or rented land on such date as may be
specified by the Controller and if the Controller is not so satisfied, he
shall make an order rejecting the applic-ation :
Provided that the Controller may give the tenant a reasonable
time for putting the landiord in possession of th'e building or rented land
and may extend such time so asmnot to exceed three months in the
aggregate. ..

(5) Where an application is made under sbb-clause (v) of

clause (a)of sub-section (3),it shall be disposed off, as far as may be,
within a period of one month and if the claim of the hdlord is accepted,
the Controller shall make an order directing the tenant to put the landlord
in possession of the bujIding on a date to be specified in the order and
such date shall not be later than fifteen.days from the date of the order.
1. Tnsened by Haryana Act 16 of 1978. '

2. Omitted by Haryana Act 5 of 1979.

 (6) Where a landlord, who has obtained possession of a
building or rented land in pursuance of an order under sub-clausc (iJ of
clause (a) or clause (b)of sub-section (31, does not himself occupy it or
if p~ssessionwas obtaincd under sub-clause (v) of clause (a) OF sub-
section (31, his'fmily does not occupy the residential building, or if
possession was obtained by him on behalf of his son in pursuarice of an
order urider sub-clause (ii) of clause (a) of sub-seciion (3), his son docs
not occupy it for the purpose for which possession was obtained, I[for a
continuous period of twelve months from h e date of ob~ainingpnssession
or if possession was obtained under sub-section (3A) he does not occupy
it for his exclusive personal use, for a continuous period of three yearslor
. where a landlord who has obtained pos&ssion of B building under clause
(c] of sub-section 13) puts that building to any use or lets it out to m y
tenant other than the tenant evicted from it. the tenant who has been
cvicted may' apply to the Controller for an order dirccting thar the
possessjon of such~buildingor rented land shall be restorcd to him and
the Controller shall make an order accordingly.

LatestLaws.com
(7) Where the ControlIer is satisfied that any applicadon made
'

by a landlord for the eviction of a tenant is frivolous or vexaljous, the

controller may direct that compensation not exceeding five hundrcd
rupees be paid by such landlord to the tenant.
'113-A. ( I ) When: the application is made by a landlbrd who is or Swial
was a member of the ~ r r n e d - ~ o r cbfe sthe Union-of India wi~hinone procedure Ior
disposal of
year prior to or after the date of his retirement ordischarge 6 r within one
year from the date of commencement of the Haryana Urban (Control of ,,fl,i, ,,,,,,
applicalion' in

Rent and Eviction) Arncndment Act, 1986, whichever'is later, on the

ground mentioned in sub-clause (1) of clause (a)of sub-seccion (3) of
section 13,the iame shall be dealt with in accordance with the procedure
specified in this section.
3[Providedthat in case of .death of such landlord, his widow
and in the case o f death of sGch widow, his child, grandchild or widowed
daughter-in-law whb w& dependent upon him at the time of his death
shall be entitled lo make an application uvder this section to the
Controller,- . ,

(a) in the case of death of such landlord before the

. commencement of the .Havana.Urban ,(Controlof Rent
I . Subs~itutedby Haryana Act 16 of 1978. -

2. Inserted by Haryana Act 1 1 of 1986.

3. Added by Haryanii Act 1 7 of 1988. .. .
, .
 uuem (CO~TROL OF REVT ANI, L.VICTION] [I 973 :Haryana Act 11

and Eviction) Amendment Act, 1988, within one year of

such commencement ;
(b) in the case- o f death of such landlord after such
i
commencement, but before the date of his retirement or
discharge, within one year of the dare of his.death ;
, ,

(c) in the case of death o f such landlordafter such ,

commencemeit:. ,and
. the date of his retiremeit or discharge, -

within one year of the date of such retirement or discharge;

and on the date of such application the right lo recover the possession of
the residential buildng which belonged to such landlord , at the time of his
. . . ,

death shall accrue to the applicant.] . ,

'[(JA}Where an application is made by a lanlord who is or was

emplqyee of :~overnmentof India or of Governmen1
of Haryana or of any State owned Board of Corporation
of I-Iaryanawithin one ye* prior to or after the date of his
retirement or within, one year from the date of
commencement of Haryana ~ r b s n(control of Rent and

LatestLaws.com Evicrion) Amendment Act, 1990, whichever is laier, on

the ground rncntioned ~n subciause (i) of clause (a) of
sub-section (3)of seition 13, the sameshall be dealt with
,

in accordance kith the procedure specified in thjs section.]

(2) The Controller shall issue summons,.in relation to every
appl;dation referred to in sub-section ( I ) , in t h e form
I
, ,,
, Wpended to this Act.
-!

: ( 3 ) (a).TheC~n&gllershalI,
, . in addition to, andsi~ulbneneouslyv
. ..

yi th. the issue of summons for service on the tenant, also

dircct the summons to be served by registered post,
acknowled&meht due, addressed to the tenant or his agen\
empowered to accept the service at the place, where the
tenant or his agent actually and voluntarily &ides or carries
on bisiness or personally works for !oain ? and may. if the - 7

'
' circurnstanceb of the i a s e to require, also direct the
'

publication of the summons in a newspa'& circulating in

: the Iabality i i wbith the tenant is'last known to have
resided or carried on business or personally worked for
gain. . .
'_,I. , ,

(bj.. .' ~ h e n ' a acknowledgement

n purporting to be signed by
[he tenant or his agentis received by the Controller or the
rcgistercd micle con taining the summons is rcceivcd~back
1. Inserted by Haryana ACI 10 of 1990.
1973 : Haryana Act 11 1 URMAN (COSWOL OF REST AND EVICITOS) 21

with an endorsement purporting lo have been made by a

postal employee to the effect that the tenant or his agent
had refused to take delivery of the registered article, the
Controller may declare that there has been a valid service
of summons.
(4) The tenant on whom the summons is duly served (whether
in t he ordinary way or by registeredpost)shall not con test
the prayer for eviction from the residential building unless
he files an affidavit stating the grounds on which he seeks
I
to conlest the application for cviction and obtains leave
fromthe Controller as hereinafterprovided ;and in default
of his appearance in pursuance of the summons or his
obtaining such leave, the statement made by the landlord
in the application for eviction shall be deemed to be
admitted by the tenanr and the applicant shall be enti tkd
to an order for eviction on the ground aforesaid.
he on troller shall give to the tenant leave to con test the
LatestLaws.com
(5) .
application if the affidavir filed by the tenant discloses such
facts as would disentitle the landlord from obtaining an
order for the recovely of possession of the residential
building on the ground specified in subclaux (i) of clause
(a) of sub-section (3) of section 13.
(6) Where leave is granted to the tenant to contest the
appIication , the Con~rollershall comnlence the hearing
of the application as early as practicable.
(7) The Controller shall, while holding an inquiry in a
proceeding to which this section applies, follow the
practice and procedure of a Court of Small Causes,
including the recording of evidence.
(8) No appeal or second appeal shall lie against an order for
the movery of possession of any residentid building made
, the controller i n accordance with the, procedure
specified in the is section.
Provided that the High Court may, for the purpose of
satisfying itself that and,order made by the Conroller
under this section is according to law, call for the records
of the case and pass such order in rcspect thereto as it
thinks fit.
(9) Where no application has been made the High court for
revision, the Controller may exercise the powers of rcview
 OF RFAT AND EVILTION)
LIRenN (CO~TROL 11973 : Haryana Act 11

in accordance with the provisions of Order XLVIl of the

-
First Schedule to the code of civil Procedure, 1908 ( 5 of
1908).
( 10) Save as otherwise provided in this section, the procedure
for the disposal of the application for eviction shal I be the
same as the procedure for the disposal of applications by
the Conmoller.
( I 1) The provisions of the section or any rule made thereunder
shall have effect notwithstanlng any thing inconsistent
lherewjth contained else yhere in the Act or in any other
law for the time being in force]
Decisions 14. The Controller shall summarily reject any application
which havc under sub-section '(2) or (3) of section 1 3 which raises substantially
becornc final the issues as have been finally decided i n any former proceedings under
not ro be rhis Act.
rwpcned.
15. ( 1 ) The State Govcmemnt may, by a general or special order,
Appellate and
revisional by notification, confer on such officers and authorities as it may think fit,
authoriries.
LatestLaws.com
the powers of appellate authorities for the purposes of rhis Act, in such
area or in such classes of cases as may be specified in the order.
'

(2) Any person aggrieved by an order passed by the Controller

may, within thirty days from the date of such order or such longer period
as the appellate authority may allow for rcasons to be recorded in writing,
prefer an appeal in writing to the appellate authority having jurisdiction.
In computiq the period of thirty days the time taken to obtain a certified
copy of the order appealed against shall bc excluded.
(3) On such appeal being preferred, the appellate authority may
order stay of further proceedings in the matter pending decision on the
appeal.
(4) The appellate authority shall decide the appeal after send ng
for the records of the case from the Controller and after giving the parties
an opportunity of being hered and, if necessary, dter making such further
inquiry as it thinks fit either personnaly or through the Controller.
(5) The decisions of the appellate authority and subject to such
decision,the order of the Controllershall be final and shall not be liable to
be called in question in any court of law except as provided in sub-section-
- .
(6)of this section.
(6) '~heHighCourt],asrevisionalauthority,may,atanytime, -
on its own motion or on the application of any aggrieved party, made
1. Substiluted by Haryana Act 16 of 1978.
 1973 :Haryana Act 11 1 URBAN (CONT~OLOF RENT AKD EVICTIONI 23

within a period of ninety days, call for and examine the record relating to
any order passed or proieedi ngs taken under this Act for the purpose of
salisfying itself as to thc legality or priopriety of such order or proceedings
and may pass such order in relation hereto as itmay deem Fit. In computing
the period of ninety days the time taken to obtain a certified copy of the
order shall be excluded.
16. An authority exercising powers under this Act shall have the Power 10
same powers of summoning and enforcing the attendance of witnesses a*d
enforce
and compelling the production of evidence as are vested in court under atlcndancc or
the Code if Civil Procedure, 1908. - witnesses.
17. { I ) The compensation and the cost of an incident'to all Cosrs.
proceedings before the Conkoller, the appel Iate authority or the revisional
authority; shall be in the discretion of the Controller, the appellate
authority or the revisional authority, as the case may be. Such authority
shall determine by whom or out of which property and to what extent
such costs are to be paid and give all necessary directions for the purposc.

LatestLaws.com
The fact that the ControIler, the appellatc authority or the revisionill
authority has no jurisdiction to try the proceedings shall be no bar to thc
exercise of such powers.
-(2) Where the Controller, the appellate authority or the
revisional authority directs that any costs shall not follow ~e cvent, the
Controller, the appellate authority or thc'revi'sionalauthority shall state
its rcuons in writing.
, . 18. Every order made under the provisions of this Act shall be Execu~ionof
executed by a civil court having jurisdiction in the .area as if it were a
decree or order of that.cdurt.
. Explanation.- One year's rent of the building or rented land,
preceding the date of the,orderwhich.is sought to be executed shall be the
jurisdictional l r p ' l ~ efor the purposes of determining the forum of appeal.
19. (])Where thereiemoretbanoneConhollerat thesameplace I ~ s [and ~'u~o
the applications shall be made to the Conholler who is authorised by the disposal of
applicalions.
appellate authority of the area concerned to entertai'n such applications.
(2) Such ~cntrollekshall either keep the application on his
file or make bver :hi same to some o h r ~ o n t r o ~ lat
c rthe same place, for
disposal.
, ,
 URBAN ICONTKFIL
OF R F AND
~ EVI~ON) I1973 :Haryana Act 11

Power 10 20. ( I ) ?[The figh Court] may, on an application made to ir or

transfer orherwise,by order transfer any proceedings pending before any appellate
proceedings.
authority to another appellate authority and the appeIlate authority to
whom the proceedings are so transferred may, subject to any special
direction in the order of transfer, dispose of the procedings.
(2) An appellate authority may, on an appliction made to it or
otherwise. by order transfer any proceedings pending before any
Controller to another Controller within its jurisdiction and the Controller
to whom the proceedings are so transferred may, subject to any special
direction the order of transfer, dispose of rhe proceedings. . ,

Transfer of '[ZOA. ' [ ( I ) Notwithstanding anything contained in any other

proceedings provision of this Act,-
and filing of
(a) all proceedings pcnding before Sub-Divisional W ~ c e r s
appcals and
revisions (Civil) appointed to perform the functions of the
against ordcrs Con trollers shaIl stand transferred .to the Subordinatc
of Subordinate Judges from the date of their appointment under clause

LatestLaws.com
and District -16) of section -2 to perform the functions of thc
Judges.
Controllers ;,

(h) an appeal from the order of the Sub-Divisior~alOfficer

(Civil) appoinLed to perform the functions of the
Controller shall lie to the District Judge conferred with
the powers of the appellate authority and arevision from
the order of such appellate authority shaIl lie to the High
Court; and
(c) if any appeal from the ordcr of the sub-Divisioanl Officer
(Civil) appointed to perform the functions of the Con,woller
has been filed with the ~ e ~ u t ~ ~ o r n r n i s s iconferred
oner
with the powers of the appellate authority or if any revision .
.: . from theorderof theDeputy Commissionerconferredwith
the powers of the appellate authority has been filed with
the, Financial Commissioner, th,e 'same shal I stand
. transferred to the District, Judge and High .Court,
' .
respectively. ]
(2) The proceedings t r a n s f e ~ dunder sub-section ( I ) shdl be
disposed of by the District lud& and the High Coun ai ifI the , , same were
originally presented before them.]
I . Insencd by Haryana ACL4 of 1974, section 2.
2. Substi~utcdby Haryana Act 16 of 1978.
I973 : Haryana Act 11 ) URBW (CONTROI. OF R ~ T AND
' EVILTION) 25

21. Every landlord and every tenant of a building or rented land Landlord and
shall be bound to furnish to the Controller, or any person authorised by tenanl to
furnish
him in that behalf, such particulars in respect of such building or rented
particulars.
land as may be prescribed.
22. (1) If any person contravenes any of the provisions of sub- Penalties.
section (2) of section 8, sub-section(I) of section 10, sect ion 1 1 or smtion
2 1, he shall be punishable with fine which may extend to one thousand
rupees.
(2) If any person contravenes any of the provisions of clause
(a)of section 6 , he shaIl be punishable with imprisonment for a term
which may extend to two years, or with fine, or with, both.
(3) No Court shall take cognizance of an offence under this
section except upon -
(a) a complaint in writing #(offacts which consti&Le such
offence) filed wj th the sanction of the Controller; or
( b ) a report in writing of such facts made by the Conlroller

LatestLaws.com
23. The State Government may, by notification, make rules to carry
out all or any of the purposes of this Act.
'
Power ro make
rules.

24. ( 1 ) The East Punjab Urban Rent Restriction Act, 1949 (East Repeal and
Punjab Act No. 3 of 1949); is hereby repealed : Savings.

Provided that such repeal shall not affect any proceedings

pending or order-passedimmediately before the commencement of this
Act which shall be continued and disposed of or enforced as if the said
Act had nor been repeaIed.
( 2 ) Notwithstandingsuchrepeal,anythingdoneoranyaction
taken under the Act so repealed (including any rule, notification or order
made) which is not inconsistent wi th the provisions of this Act, be deemed
to have been done or I , -1 under the corresponding provisions of this

Act as if this Act were in force at the time such thing was done or action
was taken, and shall continue to be in force, unless and until superseded
by anything done or any action taken under this Acr.
 IWBAN ( C O Y ~ O LOF WUT AND wrmo~) (1973 : Haryana Act 11

See secrion 2 (h)

Son, daughter. widow, father, mother, grand faher, grandmother,son of a pre-
deceased son, unmarried daughter of a pre-dcc- son, widow of a pre-deceased son
and widow of a pre-deceased son of a pre-deceased son.
[FORM
[Set sub-sec~ion(2) of section 13-A]
Form of summons in a case where recovery of possessionof residenrial building .
is prayed for under secdon 13-A of the Haryana Urban (Control of Rent and Evicdon)
Act, 1973.
(Name, description and pjace of residence of the tenant)
- Whcrcas Shri has
filed an applica~ion (a copy o f which is annexed) for your eviction
from (here insert h e paniculars of ~e residcndal building) under
section 13-A of the Haryana Urban (Control of Renr and E v i c ~ i o n )
Act, 1973;
Now, therefore, you are hercby summoned ro appear before ihe Conlroller

LatestLaws.com
,

within fifreen days of the service thereof and to obrain the leave of the Controller ro
conlest the applicarion for eviclion undcr scctioo 13-A of the said Act, in default
whcrmf, the applican~will be entided at any dmc afier the cxpky of the, said period of
. days to ob~ainan order for your evic~ionfrom the said residcntid building.
fiftccn ,

Leave to appear and d&test he application may be obiained on an applicalion

to rhe Con~ollersupponedby affidavit k is referred to in sub-section (5) of muon
13-A,ofthe said Act. . ,

,Given under my hand and seal h i s ,-,

day of :

1. lnscncd by Haryana Act 1l of 1986.