PUNJAB GOVT. GAZ.
(EXTRA), APRIL 16,2013 193
(CHTR26, 1935 SAKA)
PART I
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAlRS, PUNJAB
NO I([FICr',_TION
TheI6thApril,2013
No. 33-Leg.l2013.- The following Act of the Legislature of the State of , .
Punjab received the assent of the Governor of Punjab on the l Oth Day of
April, 20 J 3, is hereby published for general information'-
THE PUNJAB RENT (AMENDMENT) ACT, 2013
(Punjab Ad; No. 33 of 2013)
AN
ACT
further to amend the Punjab Rent Act. 1995.
BE it enacted
by tile Legislature of the State of Punjab in the Sixty-
fourth Year of Republic of India, as follov\'s:-
L This Act may be called the Punjab Rent: (Amendment) Act, 2013. Short title.
2.. In the Punjab Rent Act, 1995, (hereinafter referred to as the principal Amcndrncn: in
Act), in section 2, clause (k) shall be omitted. section 2 Oi
Punjab Act 13
nf2(lJ1.
3" In the principal Act, for section 3, the following section shall be Substitution or
substituted, namcly:- section 3 of
Punjab Act 13
"3. (1) Norhing in this Act shall apply,- oC2012.
Premises (a)
exempted from .
to any premises let out before the commencement
tile operation ofthis Act;
of the Act.
(b) to any premises belonging to or let out to the State
Government or the Government of India or a local
authority;
(c) to any prem ises constructed on or after the
cornmenc .. nent of this Act, for a period of fifteen
years from the date of completion of construction;
Explanation i.: The expression "date of completion of
construction" shall mean the date of completion as intimated
to the concerned authority or of assessment to property tax,
PUNJAB GOVT. GAZ. (EXTRA), APIUL 16, 2013
194 \ j~-VY
(CHTR 26, 1935 SAKA)
whichever is earlier, and, where the premises has been
constructed in stages, the date on which the initial building
wasc~mpleted and an intimation thereof w~s sent to the
concerned authority or was asse~sed to property tax,
whichever is earlier.
Explanation JI- The expression "premises constructed" shall
include- . ..
(i) re-building of more than seventy five per cent of an
existing, building; and
.(ii) additional construction to an existing building;
(d) to any premises let out to citizens of a foreign country or an
embassy, Big') Commission, legation or commission ofa foreign
State or suchinternational organization, as may be specified
by the State Government, by notificati?11 in the Official
Gazette;
(e) to any premises belonging if:' such religious, charitable or
I
educational trust or class of trusts, as may be speci fled by the
State Government, by notification in the Official Gazette;
(j) to any premises let out by a hire-purchaser, lessee or sub-lessee
(by whatever name called), who has been allotted such premises
by the Punjab Urban Development Authority or any other Iocs ~
authority by way of an agreement of hire-purchase, lease or
sub-lease, even before the full ownership rights accrue to such
hire-purchaser, lessee or sub-lessee, as the case may be.
(2)i:;'or non-residential premises, contract renting shall be admissible
during the subsisting /::riod of contract. Such premises shall be governed by
the conditi..ns of the contract and litigation under any other law shall not be
permissible. A landlord violating the conditions laid down in the contract and
agreed to b: the parties shall not be entitled for rent for the period of VIolation
and if the tenant violates the conditions, he shall be liable to pay double the
rent for the ieriod, in question, in addition to immediate dispossession througl.
the Rent Authority.".
Amendment in 4. In the principal Act, in section 4, for sub-sections (2) and (3), the
section 4 of
following sub-section shall be substituted, namely=
Punjab Act i3
01'2012.
PUNJAB GOVT. GAZ. (EXTRA), APRIL 16, 2013 195
(CHTR 26, 1935 SAKA)
"(?) Notwithstanding anything contained in the Registration
Act, 19(,8 ( J 6 of 1908), every agreement referred to in su b-section .
(1) shalt be in the Form specified in Schedule r to this Act and
shall be egisteredwith the RentAuthority concerned on payment
of registration fee of rupees one' thousand .".
5. In the pi incipal Act, for section 6, the following section shall be Substitution of
substituted, namely :- section 6 of
Punjab Act J 3
"6. The rent payable in relation to the premises shall be agreed of2012.
payable rent between the landlord and the tenant:
rent .
Provided that the agreed rent shall be increased by five per .,
ji
;1
cent of the last rent for two years and the third year increase shall
be based upon the increase in the Consumer Price Index over the
correspor 'ling three years.
Example. - If the Consumer 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 shall be omitted. Omission of
section 7 of
Punjab Act 13
0[2012.
7. In the principal Act, in section 9, for sub-section (1), the following Amendment in
sub-section shall be substituted, namely:- section 9 dr
Punjab Act 13
"(1) Where a landlord has, at any time, with or without the approval of 01'2012.
the tenant, incurred expenditure for any improvement, addition or structural
alteration in the premises not being expenditure on decoration or tenantable
repairs necessary or usual for such premises, and the cost ofthat improvement,
addition or alteration 11: ') not been taken into account in determining the rent
of the premises, the lap 1I0rd may lawfully increase the rent per year by an
amount not exceeding t -n per cent of such cost.".
8. ·In the princip 11 Act, in section 10: sub-section (3) : shall be omitted Amendment in
section 10 of
Punjab Act 13
i 0[2012.
9. In the principal Act, sections Il and 12 shall be omitted. Omission of
!
section II and
12 of Punjab
Act 13 0[2012.
PUNJAB GOVT. GAZ. (EXTR.A), APRlL 16,2013 196
(CHTR26, 1935 SAKA) ~
Amendment in HL In the principal Act, in section 20, in sJJb-se,dion (2), the words
section 20 of "wl sther before or after the.commencement of this Act", where~er occurring,
Punjab Act 13
of2012. shall be omitted.
Substitution of 11 .. In the principal Act, for section 24, the following section shall be
section 24 of substituted, namely>
Punjab Act 13
01'2012. "24. 0) Where the landlord is,-
Right to recover
(a) a widow and the prem ises let out by her, or her
immediate
possession of husband; or
.. premises to
accurc to (b) a handicapped person and the premises let out by
widows. him or her; or
handicapped
persons, old (c) a person who is of the age of sixty-five years or
persons,
more and the premises let out by him or her; or
freedom lighters
and non- (d) a freedom fighter, his widow or dependentson or
resident
Indians. daughter and the premises let out by him or her;
is required by him or her for his or her family or for anyone ordinarily
living with him or her for residential or non-residential use, he or she may
apply to the Rent Authority for recovery of immediate possession of
such premises.
(2) Where the landlord referred to in sub-section (1) has let out
more than one premises, it shall be open to him or her to make an
application under that sub-section in respect of anyone residential and
one non-residential premises each chosen by him or her.
Explanation= 1. For the purposes of this section "handicapped
person" shall mean a person who is, as being an assessee,
entitled for the time being to the benefits of deduction under
section SOU of the Income Tax Act, 1961.
Explanation. -Il. The right to recover possession under th is section
shall be exercisable on ly once in respect of each for residential
and for non-residential use.
(3) Where an owner is a non-resident Indian and returns to India
for permanent residence, he or she may apply to the Rent Authority for
recovery of immc Jiate possession of residential orland non-residential
premises let out by him or her on or prior to the commencement of this
Pu}:TAB GOVT. GAZ. (EXTRA), APRIL 16, 2013 197
(CrITR 26, 1935 SAKA)
Act, which are required for his or her use, or for the use of anyone
ordinarily living with and dependent on him or her.
Explanation= "non-resident Indian" means a person oflndian origin,'
who is either permanently or temporarily settled outside India, in either case-
(;) for or on taking up employment outside India; or
(ii) for carrying on a business or vocation outside India; or
(iii) for any other purpose, in such circumstances, as would indicate
his intel~tion to stay outside India for an uncertain period.".
12. In the principal Act, for section 26, the following section shall be Substitution of
substituted, namely :- section 26 of
Punjab Act 13
"26. Witho .rt the previous consent, in writing, of the landlord, no tenant of2012.
Restrictions ;'n shall _
sub-letting. '
(a) sub-let the whole or any part of the premises held as atenant;
or
(b) u .rnsfer or assign his right in the tenancy or any part thereof".
13. In the principal Act, in section 36,- Amendment in
section 36 of
(i) for sub-section (1), the following sub-section shall be Punjab Act 13
SUbstituted, namely:- of201:~.
"(1) The State Government may, by notification in the
Official Gazette, appoint as many Rent Authorities as it thinks
fit and define the limits within which each Rent Authority
shall exercise the powers conferred and perform the duties
imposed upon it by or under this Act."; and
(ii) in ~.ib-section (2), for the word "Government", the words
"State Government" shall be substituted.
If. 14. In the principal Act, in section 37, for sub-section (6), the following Amcndment ill
sub-section shall be substituted, namely :_ section 37 of
Punjab Act 13
"(6) An t' rder made by a Rent Authority or the Tribunal under this of2012.
Act, or an order passed in appeal, shall be executable by a
RentAuthority designated by the Tribunal in this behalf and
for this purpose the Rent Authority so designated shall have
all the powers of a Civil Court.".
) I~
PUNJABGOYT.GAZ.(EXTRA),APRIL 16,2013 198
(CHTR26, 1935SAKA)
Amendment in 15. In the principal Act, in section 39, for the words "Government of
section 39 of Punjal. ", the words '''State Government" shall be substituted.
Punjab Act 13
of2012.
Amendment in }.6. In the principal Act, in section 48, in sub-section (1), for the words
section 48 of "Government of Punjab", the words "State Government" shall be substituted.
Punjab Act 13
0[2012.
Amendment in 17. In the principal Act, in section 51, in clause (b), the figures and
section 51 of signs" II, 12;" shall be omitted.
Punjab Act l3
of2012.
Amendment in 18. In the principal Act, in section 52, in sub-section (2), for the words
section 52 of . "GOVt rnment of Punjab", the words "State Government" shall be substituted.
Punjab ACI 13
of20 12.
Amendment in r 9. In the principal Act, in section 54, for proviso to sub-section (3),
section 54 of the foi owing proviso shall be substituted, namely»
Punjab Act 13
of2012. "Provided that no appeal shall lie aga inst an order or a decision of
Lie Rent Authority made under section 21 or section 33.".
Omission of 20. In the principal Act, section 60 shall be omitted.
section 60 or
Punjab Act 13
of2012.
Amendment in 21. In the principal Act, in section 67,-
section 67 of
Punjab Act 13 (i) sub-section (1) shall be omitted;
01'2012.
(ii) 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
(v) in sub-section (S), for the words "five thousand rupees", the
,
1· words "ten thousand rupees" shall be substituted.
i
Omissionlof 22. In the principal Act, sections 71 and 72 shall be omitted.
section 71 and
72 of'Punjab .
Act 130112012.
I
....... '
PUNJAB GUVT. GAZ. (EXTRA), APRIL 16, 2013 199
:CHTR26, 1935 SAKA)
--Z-3-.-I-n-t-h-e-p-r-i'-1c-i-pa"'
Act, for section 75, the following section shall be Substitution of
section 75 of
substituted, namely> Punjab Act 13
of'2012.
"75. (1) 011 the commencement of this Act, the East Punjab, .
Repeaiand )rban Rent Restriction Act, t 949 (East Punjab
. . Act
savings. No.Ill of i 949), 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;
(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, legal proceeding or remedy in respect of
any Sll -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.IIIof 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 Substitution of
shall be.substituted, namely:- SCHEDULE I
of Punjab Act
130f20J2.
"SCHEDULE I
(See 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
PUNJAB COVT.GAZ. (EXTRA), APRIL 16, 2013 200
(CHTR26, 1935 SAKA)
AGREEMENT
This agreement is made between Owner/
Authorised Attorney/Landlord (:)f and lessee
(tenant) on Jay of (month and year) for letting out of
premises on the following terms andconditions, namely>
, "
(i) The tenancy will be for a period of months/years.
(ii) The starting rent will be Rs . ._--,
per months.
(iii) The maintenance charges at Rs. per month will also
be paid along with rent.
(iv) The property tax will be paid by the tenant.
.' .
(v) 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 . .._
day 01: month in advance/the following months.
(viii) The tenant will have the option to vacate the premises by giving
three months notice.
(ix) The rent will be increased j,y five per cent per year on _
and the third increase wi II be proportionate to the increase
in whole sale Consumer Price Index over the three years
period to [Sec. 6].
(x) The tenant agrees to handover the vacant possession of the prem ises
on the expiry of the period contracted, i.e. on day
of month year
(xi) The electricity and water bills will be paid by the tenant.
(xii) Both the iandlord and the tenant agree to abide by the conditions of
,
the Punjab Rent Act, 1995.
,i
I
ITenant Landlord
I
I
I
, "" ". ~-<,.
PUNJAB GOVT. GAZ. (EXTRA), APRIL 16,2013 201
(CHTR 26, 1935 SAKA)
REGISTRATION
This agreerr .cnt is presented for registration before me in the office of
the Rent Authority by Landlord and . Tenant'
jointly on day 01 Year at.__ -.,.-__
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 rv shall be omitted .. Omission of
SCHEDULE IV
of Punjab Act
130[2012.
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
XV of Punjab
Act 13 of2012,
H.P.S. MAHAL,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
020314/013IPb. Govt. Dress. S.A.S. Nagar
