THE HARYANA URBAN (CONTROL OF RENT AND EVICTION) ACT, 1973
The Haryana Urban (Control of Rent and Eviction) Act, 1973, is legislation that oversees the rights of individuals who have leased a residence. It governs the permissible increase in rent within urban areas but does not extend its jurisdiction to Cantonment areas. Nevertheless, the provisions of this Act do not apply to any building that has been completed either on or within a decade from the commencement of the Act. Approval for this Act was granted by the Governor on April 25, 1973, and it was subsequently published in the Haryana Government Gazette on April 27, 1973. It is also commonly referred to as the Haryana Rent Control Act.
SALIENT FEATURES OF THE HARYANA URBAN (CONTROL OF RENT AND EVICTION) ACT, 1973
The Haryana Urban (Control of Rent and Eviction) Act, 1973, is designed to regulate the control of rent and eviction of tenants in urban areas of Haryana. Here are some salient features of the act:
1. Short Title and Extent:
The act may be called the Haryana Urban (Control of Rent and Eviction) Act, 1973. It extends to all urban areas in Haryana, excluding cantonment areas.
2. Determination of Fair Rent:
The Controller, upon application by the tenant or landlord, fixes the fair rent for a building or rented land after an appropriate inquiry.
Fair rent is determined based on factors like the construction date, prevailing rents, and agreements between the landlord and tenant.
3. Revision in Fair Rent:
Once fair rent is fixed, there is a restriction on further increases or decreases for a specified period (five years), except under specific circumstances such as additions or improvements carried out by the landlord.
4. Eviction of Tenants:
The act outlines specific grounds on which a landlord may seek eviction, including non-payment of rent, unauthorized subletting, misuse of premises, and acts detrimental to the property.
5. Conversion of Residential Building:
Prohibits the conversion of a residential building into a non-residential building without written permission from the Controller.
6. Tenant’s Rights in Amenities:
Tenants are entitled to amenities like electricity, sewerage, or tap water supply if made available in the locality. If the landlord fails to provide these amenities, the tenant may seek permission from the Controller to have them at the landlord’s expense.
7. Deposit of Rent:
Tenants have the right to deposit rent with the Controller if the landlord refuses to receive it, ensuring that the rent is deemed paid.
8. Recovery of Excess Rent:
Prohibits landlords from claiming anything in excess of fair rent, and any excess rent paid may be recoverable by the tenant within a specific period.
9. Increase of Rent due to Local Authority Rates:
Allows landlords to increase rent if fresh rates, cess, or taxes are levied by a local authority. However, the increase is limited and payable from the date of the written notice.
10. Legal Procedures and Penalties:
Legal procedures, penalties, and offenses are outlined, and contravention of the act’s provisions may result in fines or imprisonment.
11. Power to Summon and Enforce Attendance:
Authorities exercising powers under the act have the same powers to summon and enforce the attendance of witnesses as vested in a court under the Code of Civil Procedure, 1908.
12. Execution of Orders:
Orders made under the act are executed by a civil court having jurisdiction in the area, treating them as decrees or orders of that court.
13. Costs and Compensation:
The compensation and costs related to proceedings before the Controller, appellate authority, or revisional authority are at their discretion.
These features highlight the act’s focus on regulating rent, protecting tenant rights, and outlining legal procedures for dispute resolution in urban areas of Haryana. It aims to balance the interests of landlords and tenants while ensuring fair and just practices in the realm of urban rent and eviction.
OBJECTIVES OF THE HARYANA URBAN (CONTROL OF RENT AND EVICTION) ACT, 1973
The Haryana Urban Rent Control Act outlines several key objectives, which include:
1. Fair Rent Determination: The Act aims to establish a mechanism for determining fair rent, ensuring that the rental amounts are reasonable and justifiable for both landlords and tenants.
2. Fair Eviction Procedures: It seeks to provide a fair and regulated process for eviction, outlining the circumstances under which a tenant may be evicted and ensuring that the eviction process is carried out in a just manner.
3. Provision of Basic Amenities: The Act strives to ensure that tenants are entitled to basic amenities such as electricity supply, water supply, sewage facilities, and other essential services, promoting a decent standard of living for occupants.
4. Support for Urban Development: One of the goals of the Act is to contribute to the rapid urban development of the state of Haryana. This involves creating a legal framework that facilitates urban growth and ensures a balanced relationship between landlords and tenants in the context of evolving urban landscapes.
By addressing these objectives, the Haryana Urban Rent Control Act aims to create a balanced and fair environment for both, landlords and tenants, fostering harmonious living conditions and supporting the overall development of urban areas in the state of Haryana.
FEATURES THE HARYANA URBAN (CONTROL OF RENT AND EVICTION) ACT, 1973 MCQs AT LAWVIDHI
LawVidhi, provides exam-specific MCQs for the Haryana Urban Rent Control Act, offers several advantages:
1. Exam Relevance: MCQs tailored to specific exams ensure that the questions align with the format and content of the actual exam. This helps candidates prepare more effectively and familiarizes them with the types of questions they may encounter.
2. Comprehensive Coverage: Questions covering the entire act ensure a thorough understanding of all relevant sections and provisions. This comprehensive coverage is essential for candidates to tackle any aspect of the act in the exam.
3. Quick Analysis: Platforms that provide a quick analysis of mock exams offer valuable insights into performance. Candidates can identify strengths and weaknesses, enabling them to focus on areas that require improvement.
4. Real-time Feedback: Immediate feedback on correct and incorrect answers allows candidates to learn from their mistakes in real time. This iterative process enhances understanding and retention of legal concepts.
5. User-Friendly Interface: A user-friendly interface contributes to a positive learning experience. Easy navigation, clear instructions, and a visually appealing layout make the platform more accessible and enjoyable for users.
6. Time Management Practice: MCQs often have time constraints similar to those in the actual exam. Practicing on LawVidhi or a similar platform helps candidates hone their time management skills, ensuring they can complete the exam within the stipulated time frame.
7. Adaptive Learning: Some platforms may offer adaptive learning features, adjusting the difficulty of questions based on the user’s performance. This personalized approach enhances the learning experience and ensures that candidates are appropriately challenged.
8. Progress Tracking: Candidates can track their progress over time, monitoring improvements and identifying areas that need additional attention. This feature aids in creating a targeted and efficient study plan.
9. Accessibility: Online platforms provide the convenience of accessing study materials and MCQs from anywhere with an internet connection. This flexibility is especially beneficial for candidates with busy schedules.
10. Boosting Confidence: Regular practice on a user-friendly platform with positive feedback can boost candidates’ confidence, leading to a more positive mindset and improved performance in the actual exam.
In summary, a platform like LawVidhi that offers exam-specific MCQs, comprehensive coverage of the act, quick analysis, a friendly user interface, and other features contributes significantly to effective exam preparation for the Haryana Urban Rent Control Act.
FREQUENTLY ASKED QUESTIONS
- What is the Haryana Urban Rent Control Act, 1973?
- The Haryana Urban Rent Control Act, 1973 is legislation that regulates the rights and obligations of landlords and tenants in urban areas of Haryana.
- When did the Act come into effect?
- The Act came into effect on the date of its commencement, and it received the Governor’s permission on April 25, 1973.
- What is the short title of the Act?
- The Act is commonly referred to as the Haryana Urban Rent Control Act, 1973.
- What is the extent of the Act?
- The Act applies to all urban areas in Haryana, excluding cantonment areas.
- Is there a limitation on the application of the Act to certain buildings?
Author
Apoorva Tripathi