LexThe PUNJAB RENT ACT NO 13 OF 2012
Punjab · state statute
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GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS
THE PUNJAB RENT ACT, 1995
(PUNJAB ACT 13 OF 2012)
(As amended upto the 15th September, 2025)
2025
2
THE PUNJAB RENT ACT, 1995
CONTENTS
Preamble
Sections
1. Short title, extent, application and commencement
CHAPTER I
PRELIMINARY
2. Definitions
3. Premises exempted from the operation of the Act
4. Registration of tenancy agreement
5. Inheritability of tenancy
CHAPTER II
RENT
6. Payable Rent
7. [***]
8. Other charges payable
9. Revision of rent in certain cases
10. Notice of revision of rent
11. [***]
12. [***]
13. Receipt to be given for rent paid
14. Deposit of rent by tenant
15. Time limit for making deposit and consequences of incorrect particulars
in application for deposit
16. Saving as to acceptance of rent a nd other charges payable and forfeiture
in deposit
CHAPTER III
REPAIRS OF PREMISES
17. Duties of landlord
18. Duties of tenant
19. Cutting off or withholding essential supply of service
CHAPTER IV
PROTECTION OF TENANTS AGAINST EVICTION
20. Protection of tenants against eviction
3
21. Right to recovery immediate possession of premises to accrue to certain
persons
22. Right to recover immediate possession of premises to accrue to members
of armed forces
23. Right to recover immediate possession of premises to accrue to Central
and State Government employees
24. Right to recover immediate possession of premises to accrue to widows,
handicapped persons, old persons, freedom fighters and non-resident
Indians
25. Payment of rent during eviction proceedings
26. Restrictions on sub-letting
27. Notice of creation and termination of sub-tenancy
28. Sub-tenant to be tenant in certain cases
29. Recovery of possession for occupation and re-entry
30. Recovery of possession for repair
31. Recovery of possession in case of tenancies for limited period
32. Special provision for recovery of possession in certain cases
33. Permission to construct additional structure
34. Special provisions regarding vacant building sites
35. Vacant possession to landlord
CHAPTER V
RENT AUTHORITTIES
36. Appointment of Rent Authorities and additional Rent Authorities
37. Power of Rent Authorities
38. Procedure to be followed by Rent Authorities
38-A. Application to Rent Authority
CHAPTER VI
APPELLATE AUTHORITY
39. [***]
40. [***]
41. [***]
42. [***]
43. [***]
44. [***]
45. [***]
46. [***]
47. [***]
4
48. [***]
49. [***]
50. Jurisdiction, powers and authorities of the Appellate Authority
51. [***]
52. Application to the Appellate Authority
53. [***]
54. Conditions as to making of Interim order
55. Appearance before the Appellate Authority
56. [***]
57. [***]
58. [***]
59. [***]
60. [***]
61. [***]
62. [***]
63. [***]
64. [***]
65. Amendment of Orders
66. Finality of Orders
CHAPTER VII
PENALTIES
67. Penalties
CHAPTER VIII
MISCELLANEOUS
68. Jurisdiction of civil courts barred in respect of certain matters
69. Rent Authorities to be public servants
70. Protection of action taken in good faith
71. [***]
72. [***]
73. Power of Government to remove difficulties
74. Power of Government to frame rule
75. Repeal and Savings
ο· Schedule I
ο· Schedule II
ο· Schedule III
ο· [***]
ο· Schedule V
5
ο· Schedule VI
ο· Schedule VII
ο· [***]
ο· Schedule IX
ο· Schedule X
ο· Schedule XI
ο· Schedule XII
ο· Schedule XIII
ο· Schedule XIV
ο· [***]
6
THE PUNJAB RENT ACT, 1995
(Punjab Act No. 13 of 2012)
[Received the assent of the President of India on the 26th March, 1998 and
was first published for general information in the Punjab Government
Gazette (Extraordinary), Legislative Suppleme nt, dated the 10th October,
2012.]
1 2 3 4
Year No. Short Title Whether repealed or
otherwise affected by the
legislation
2012 13 The Punjab Rent
Act, 1995
Amended by Punjab Act No.
33 of 2013
Amended by Punjab Act No.
23 of 2014
An Act to provide for the regulation of rents, repairs and maintenance and
eviction relating to premises and matters connected therewith in the Stateof
Punjab.
BE it enacted by the Legislature of the State of Punjab in the Forty-
sixth Year of the Republic of India, as follows:-
1. (1) This Act may be called the Punjab Rent Act, 1995.
(2) It extends to all urban areas of Punjab, but nothing herein
contained shall be deemed to affect the regulation of house
accommodation in any cantonment area.
(3) It shall be applicable to all the residential and non -residential
buildings.
(4) It shall come into force 1 on such date as the State
Government may specify in this behalf in the Official Gazette.
1This Act has come into force w.e.f. 30.11.2013.
Short title,
extent,
application and
commencement.
7
CHAPTER-I
PRELIMINARY
2. In this Act, unless the context otherwise requires,-
1[(a) "Appellate Authority " means the Appellate Authority
appointed under sub-section (1) of section 50 of this
Act;]
2[(b) ***];
(c) "Landlord" means a person who, for the time being is
receiving or is entitled to receive the rent of any
premises, whether on his own account or on account
of or on behalf of, or for the benefit of any other
person or as a trustee, guardian or receiver for any
other person or who would so receive the rent or be
entitled to receive t he rent, if the premises were let to
a tenant;
(d) "Lawful increase" means an increase in the rent
permitted under the provisions of this Act;
3[(e) ***];
(f) "non-residential premises" means premises being
used solely for the purpose of business or trade;
Provided that the residence in the premises only for the purpose of
guarding it shall not be deemed to convert a "non -residential premises" to a
"residential premises";
(g) "Premises" means any building or part of a building
which is or is intended to be let separately, for use a
1Substituted by Punjab Act No. 23 of 2014, Section 2
2Omitted by Punjab Act No. 23 of 2014, Section 2
3Omitted by Punjab Act No. 23 of 2014, Section 2
Definitions.
8
residence or for non - residential use or for any other
purpose, and includes, -
(i) the garden ground and out -houses, if any,
appertaining to such building or part of building
but does not include the upper side of roof
(Terrace);
(ii) any fittings to such building or part of the
building for the more beneficial enjoyment
thereof;
(h) "prescribed" means prescribed by rules made under
this Act;
(i) "Rent Authority" means an authority appointed under
sub-section (1) of Section 36 and includes an
additional Rent Authority appointed under sub -
section (2) of that section;
(j) "residential premises" means any building which is
not non- residential premises;
1[(k) ***];
(l) "SCF" means a Shop -cum-Flat but the shop and flat
will be treated as two separate premises i.e. shop as
Non-residential or commercial building and flat as
residential building. In case of composite r ent
agreement the rent for residential premises will be
treated equal to one-third of total rent;
(m) "tenant" means any person by whom or on whose
account or behalf the rent of any premises is or, but
for special contract, would be payable, and include, -
(i) a sub-tenant;
1Omitted by Punjab Act No. 33 of 2013, Section 2
9
(ii) any person continuing in possession after
the termination of hi s tenancy, but does
not include-
(I) any person against whom an order or
decree for eviction has been made, except
where such decree or order for eviction is liable
to be re- opened;
(II) any person to whom a licence as defined
in section 52 of the Indian Easements Act,
1882, has been granted;
1[(n) ***];
(o) "urban area" means any area administered by a
Municipal Corporation, Municipal Council, Nagar
Panchayat, or a Cantonment Board or any area
declared by the State Government, by notification in
the Official Gazette, to be urban for the purposes of
this Act.
2[3. (1) Nothing in this Act shall apply,-
(a) to any premises let out before the commencement of
this 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 premises constructed on or after the
commencement of this Act, for a period of fifteen
years from the date of completion of construction;
1Omitted by Punjab Act No. 23 of 2014, Section 2
2Substituted by Punjab Act No. 33 of 2013, Section 3
Premises
exempted
from the
operation of
the Act.
10
Explanation I. - The expression "date of completion of construction" shall
mean the date of completion as intimated to the concerned authority o r of
assessment to property tax, whichever is earlier, and, where the premises
has been constructed in stages, the date on which the initial building was
completed and an intimation thereof was sent to the concerned authority or
was assessed to property tax, whichever is earlier.
Explanation II. - 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, H igh commission, legation or commission of a
foreign State or such international organization, as may be
specified by the State Government, by notification in the
Official Gazette;
(e) to any premises belonging to such religious, charitable or
educational trust or class of trusts, as may be specified by the
State Government, by notification in the Official Gazette;
(f) 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 local authority by w ay 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.
11
(2) For non -residential premises, contract renting shall be
admissible during the subsisting period of contract. Such premises shall be
governed by the conditions 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 by 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 period, in question, in addition to
immediate dispossession through the Rent Authority.]
4. (1) Notwithstanding anything contained in section 107 of the
Transfer of Property Act, 1882, no person shall, after the commencement
of this Act, let or take on rent any premises exce pt by an agreement in
writing.
1[(2) Notwithstanding anything contained in the Registration Act,
1908 (16 of 1908), every agreement referred to in sub -section (1) shall be
in the Form specified in Schedule I appended to this Act and shall be
registered under and in accordance with the provisions of the Registration
Act 1908 by the authority specified thereunder, on payment of registra tion
fee of rupee one thousand.]
5. (1) In the event of death of a tenant, the right of tenancy shall
devolve for a period of ten years from the date of his death to his
successors in the following orders, namely:-
(a) Spouse;
(b) Son or daughter or where the re are both son and
daughter both of them;
(c) Parents; and
1Substituted by Punjab Act No. 23 of 2014, Section 3
Registration of
tenancy
agreement.
Inheritability of
tenancy.
12
(d) Daughter-in-law, being th e widow of his pre -
deceased son:
Provided that the successor has ordinarily been living in the
premises with the deceased tenant as a member of his family upto the date
of his death and was dependent on the deceased tenant:
Provided further that a right to tenancy shall not devolve upon a
successor in case such successor or his spouse or any of his dependent son
or daughter is owning or occupying a residential premises in the same
urban area.
(2) If a person, being a successor specified in sub -section (1),
was ordinarily living in the premises with the deceased tenant but was not
dependent on him on the date of his death, or he or his spouse or any of his
dependent son or daughter is owning or occupying a residential premises in
the same urban area, such successor shall acquire a right to continue in
possession as a tenant for a limited period of one year from the date of
death of the tenant and, on the expiry of that period, or on his death,
whichever is earlier, the right of su ch successor to continue in possession
of the premises shall become extinguished.
Explanation.- For the removal of doubts, it is hereby declared that -
(a) where, by reason of sub -section (2), the right of any
successor to continue in possession of the premises
become extinguished, such extinguishment shall not
affect the right of any other successor of the same
category to continue in possession of the premi ses but
if there is no other successor of the same category, the
right to continue in possession of the premises, shall
not, on such extinguishment, pass on to any other
13
successor specified in any lower category or
categories, as the case may be.
(b) the right of every successor, referred to in sub -section
(1) to continue in possession of the premises shall be
personal to him and shall not, on the death of such
successor, devolve on any of his heirs.
(3) Nothing in sub-section (1) or sub -section (2) shall apply to a
non-residential premises and the vacant possession of such premises shall
be delivered to the landlord within one year,-
(i) of the death of the tenant, in case the tenant is an
individual;
(ii) of the dissolution of the firm, in case the tenant is a
firm;
Explanation.- If all the partners of the firm as on the date of hiring the
premises leave the firm, it shall be deemed that the firm stands dissolved.
(iii) of the winding up of the company, in case the tenant
is a "company", as defined in the Companies Act,
1956.
(iv) of the dissolution of the corporate body other than a
company in case the tenant is such a corporate body.
14
CHAPTER II
RENT
1[6. The Rent payable in relation to the premises shall be agreed rent
between the landlord and the tenant:
Provided that the agreed rent shall be increased by five per cent of
the last rent for two years and thethird year increase shall be based upon
the increase in the Consumer Price index over the corresponding three
years.
Example.- If the Consumer Price Index increases by eighteen per
cent in three years, the rent for the fourth year shall be the rent for the
first year multiplied by one point eighteen. This cycle shall continue.]
2[7. ****]
8. (1) A tenant shall be liable to pay the landlord, besides the rent ,
the following charges, namely:-
(a) maintenance charges at the rate of ten per cent of the
rent; and
(b) without prejudice to the liability of the landlord to pay
the property tax to the local authority, the pro rata
property tax in relation to the premises.
Explanation. - For the purpose of calculating the monthly charges payable
by the tenant to the landlord towards the property tax, the amount paid or
payable as tax for the immediately preceding year or the estimated tax
payable shall form the basis.
1 Substituted by Punjab Act No. 33 of 2013, Section 5
2Omitted by Punjab Act No. 33 of 2013, Section 6
Payable
Rent.
Other
charges
payable.
15
(2) The landlord shall be entitled to recover from the tenant the
amount paid by him towards charges for electricity or water consumed or
other charges levied by a local or oth er authority which is ordinarily
payable by the tenant.
9. 1[(1) Where a landlord has, at any time, with or without the
approval of 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 of
that improvement, addition or alteration has not been taken into account in
determining the rent of the premises, the landlord may lawfully increase
the rent per year by an amount not exceeding ten per cent of such cost .]
(2) Where, after the rent of a premises has been fixed under this
Act, or agreed upon, as the case may be, there has been a decrease,
diminution or deterioration of accommodation in such premises, the tena nt
may claim reduction in the rent.
10. (1) Where a landlord intends to revise the rent of any premises
under sub-section (1) of section 9, he shall give to the tenant a notice in
Form as specified in Schedule V to this Act, of his intention to make the
revision and, in so far as such revision is lawful under this Act, it shall be
due and recoverable from the date of improvement, addition or structural
alteration.
(2) Every notice under sub -section (1) shall be in writing signed
by or on behalf of the landlord and given in the manner provided in section
106 of the Transfer of Property Act, 1882.
1Substituted by Punjab Act No. 33 of 2013, Section 7
Revision of
rent in certain
cases.
Notice of
revision of
rent.
16
1[(3) ***]
2[11& 12. ****]
13. (1) Every tenant shall pay rent and other charges payable to the
landlord within the time fixed by contract or in the absence of such
stipulation, by the fifteenth day of the month next following the month for
which it is payable and where any default occurs in the payment of rent or
other charges, the tenant shall be liable to pay simple interest at the rate of
fifteen per cent per annum from the date on which such payment of rent
and other charges payable is due to the date on which it is paid.
(2) Every tenant who makes payment of rent or other charges
payable or advance towards such rent or other charges to his landlord in
cash shall be entitled, to obtain forthwith from the landlord or his
authorised agent a written receipt for the amount paid to him, signed by the
landlord or his authorised agent:
Provided that it shall be open to the tenant to remit the rent
to his landlord by postal money order.
(3) If the landlord or his authorised agent refuses or neglects to
deliver to the tenant the receipt referred to in sub -section (2), the Rent
Authority may, on an application made to him in this behalf by the tenant
within two months from the date of payment and after hearing the landlord
or his authorised agent, by order direct the landlord or his authorised agent
to pay to the tenant, by way of damages, such sum not exceeding double
the amount of rent or other charges paid by the tenant and the costs of the
application and s hall also grant a certificate to the tenant in respect of the
rent or other charges paid.
1Omitted by Punjab Act No. 33 of 2013, Section 8
2Omitted by Punjab Act No. 33 of 2013, Section 9
Receipt to be
given for rent
paid.
17
(4) If the landlord supplies the particulars of his bank account
the tenant shall deposit the rent and other charges payable in such bank
account as and when due.
14. (1) Where the landlord does not accept any rent and other
charges payable tendered by the tenant within the time and the manner
referred to in section 13 or refuses or neglects to deliver a receipt referred
to therein or where there is a bona fide doubt as to the person or persons to
whom the rent and other charges are payable, the tenant may deposit such
rent and other charges payable with the Rent Authority according to the
provisions of sub-section (2) below.
(2) The deposit shall be accompanied by an applicatio n by the
tenant containing the following particulars, namely:-
(a) the premises for which the rent and other charges
payable are deposited with a description sufficient for
identifying the premises;
(b) the period for which the rent and other charges payable
are deposited;
(c) the name and address of the landlord or the person or
persons clai ming to be entitled to such rent and other
charges payable; and
(d) the reasons and circumstances for which the
application for depositing the rent and other charges
payable is made.
(3) If an application is made for the withdrawal of any deposit of
rent and other charges payable, the Rent Authority shall, if satisfied that
Deposit of
rent
18
the applicant is the person entitled to receive the rent and other charges
deposited, order the amount of the rent and other charges to be paid to him:
Provided that no order for payment of any deposit of rent and other
charges payable shall be made by the Rent Authority under this sub -section
without giving all the persons named by the tenant in his application under
sub-section (2) as claiming to be entitled to payment of such rent and other
charges payable, an opportunity of being heard and such order shall be
without prejudice to the rights of such persons to receive such rent and
other charges payable being decided by a court of competent jurisdiction.
(4) If at the time of filing the application under sub -section (3)
but not after the expiry of thirty days from receiving the notice of deposit,
the landlord or the person or persons claiming to be entitled to the rent and
other charges payable complains or complain to the Rent Authority that the
statements in the tenant's application of the reasons and ci rcumstances
which led him to deposit the rent and other charges payable are untrue, the
Rent Authority, after giving the tenant an opportunity of being heard, may
levy, on the tenant a fine which may extend to an amount equal to two
monthsβ rent and if the Rent Authority is satisfied that the said statements
were materially untrue it may order that a sum out of the fine realised be
paid to the landlord as compensation.
(5) The Rent Authority may, on the complaint of the tenant and
after giving an opportunity to the landlord of being heard, levy on the
landlord a fine which may extend to an amount to two months' rent and if
the Rent Authority is satisfied that the landlord without any reasonable
cause, refused to accept rent and other charges payable though tendered to
him within the time referred to in section 13 it may further order that a
portion of the fine realised be paid to the tenant as compensation.
19
15. (1) No rent and other charges deposited under section 14 shall
be considered to have been validly deposited under that section, unless the
deposit is made within twenty -one days of the time referred to in section
13 for payment of the rent and other charges payable and intimation to that
effect with full particulars has been sen t to the landlord. Non -intimation to
the landlord shall render the deposit 'INVALID'.
(2) No such deposit shall be considered to have been validly
made, if the tenant wilfully makes any false statement in his application for
depositing the rent and other charges payable unless the landlord has
withdrawn the amount deposited before the date of filing an application for
the recovery of possession of the premises from the tenant.
(3) If the rent and other charges payable are deposited within the
time specified in sub -section (1) and do not cease to be a valid deposit for
the reasons specified in sub -section (2), the deposit shall constitute
payment of rent and other charges payable to the landlord, as if the amount
deposited has been validly tendered.
16. (1) The withdrawal of rent and other charges payable deposited
under section 14 in the manner provided therein shall not operate as an
admission against the person withdrawing it of the correctnes s of the rate
of rent and other charges payable for the period of default, the amount due
or of any other facts stated in the tenant's application for depositing the rent
and other charges payable under the said section.
(2) Any rent and other charges payable in deposit which are not
withdrawn by the landlord or by the person or persons entitled to receive
such rent and other charges payable shall be forfeited to Government by an
order made by the Re nt Authority, if they are not withdrawn before the
Time limit for
making deposit
and
consequences
of incorrect
particulars in
application for
deposit.
Saving as to
acceptance of
rent and other
charges payable
and forfeiture in
deposit.
20
expiration of five years from the date of receiving the intimation of
deposit.
(3) Before passing an order of forfeiture, the Rent Authority
shall give notice to the landlord or the person or persons entitled to receive
the rent and other charges in deposit by registered post at the last known
address of such landlord or person or persons and shall also publish the
notice in his office and in any local newspaper.
CHAPTER III
REPAIRS OF PREMISES
17. (1) Subject to the contract in writing to the contrary every
landlord shall be bound to keep the premises in good and tenantable repairs
in relation to matters falling under Part A of Schedule II to this Act.
Explanation. - The expression "Good and tenantable repairs" under this
section and section 18 shall mean such repairs as shall keep the premises in
the same condition in which it was let out except for the normal wear and
tear.
(2) Where any repairs, in relation to a matter falling under Part
A of Schedule II to th is Act without which the premises are not habitable
or useable except with undue inconvenience are to be made and the
landlord neglects or fails to make them within a period of three months
after notice in writing, the tenant may apply to the Rent Authorit y for
permission to make such repairs himself and may submit to the Rent
Authority an estimate of the cost of such repairs and, thereupon the Rent
Authority may, after giving the landlord an opportunity of being heard and
after considering such estimate of the cost and making such inquiries as it
may consider necessary, by an order in writing, permit the tenant to make
such repairs at such cost as may be specified in the order and it shall
Duties of
landlord.
21
thereafter be lawful for the tenant to make such repairs himself and to
deduct the cost thereo f, which shall in no case except the amount so
specified, from the rent or otherwise recover it from the landlord:
Provided that the amount so deducted or recoverable from rent in
any year shall not exceed one -half of the rent payable by the tenant for that
year and any amount remaining not recovered in that year shall be
deducted or recovered from rent in the subsequent years at the rate of not
more than twenty-five per cent of the rent for a month:
Provided further that where there are more than one premises
owned by a landlord in a building, the tenants thereof may jointly carry out
the repairs and share the expenses proportionately.
(3) Nothing in sub-section (2) shall apply to a premises which, -
(a) at the time of letting out was not habitable or useable
except with undue inconvenience and the tenant had
agreed to take the same in that condition;
(b) after being let out was caused to be not habitable or
useable except with undue inconvenience by the
tenant.
18. (1) Every tenant shall be bound to keep the premises in good
and tenantable repairs in relation to the matters falling under Part B of
Schedule II to this Act.
(2) Where any repairs, in relation to a matter falling under Part
B of Schedule II to this Act without which the premises are not habitable
or useable except with undue inconvenience, are to be made and the tenant
neglects or fails to make them within a period of sixty days after notice in
writing, the landlord may apply to the Rent Authority for permission to
Duties of
tenant.
22
make such repairs himself and may submit to the Rent Authority an
estimate of the cost of such repairs, and, thereupon, the Rent Authority
may, after giving the tenant an opportunity of being heard and after
considering such estimate of the cost and making such enquiries as he may
consider necessary, by an order in writing, permit the landlord to make
such repairs at such cost as m ay be specified in the order, and it shall
thereafter be lawful for the landlord to make such repairs himself and to
recover the cost of such repairs, which shall in no case exceed the amount
so specified, from the tenant.
(3) The landlord or a person authorised by him shall have the
right to enter and inspect the premises after notice to the tenant in the Form
specified in Schedule VI to this Act.
(4) The tenant shall make good all damages caused to premises
by his negligence within ninety days of being informed in writing to do
so by the landlord failing which the landlord may apply to the Rent
Authority for permissi on to make good the said damages and the Rent
Authority shall decide the matter in the manner provided in sub -section
(2).
(5) The tenant shall hand over the possession of the premises on
termination of tenancy in the same condition, except for the normal wear
and tear, as it was when it was handed over to him at the beginning of such
tenancy and in a case where certain damages have been caused, not being
damages caused by war, act of God or disturbanc es, the tenant shall make
good the damages caused to the premises failing which the landlord may
apply to the Rent Authority for permission to make good the said damages
and the Rent Authority shall decide the matter in the manner provided in
sub-section (2).
23
(6) The tenant shall not, whether during the subsistence of
tenancy or thereafter, demolish any improvement or alteration, carried out
by him in the premises or remove any material used in such i mprovement
or alteration, other than any fixture of a removable nature, without the
permission of the landlord failing which such demolition or alteration shall
be deemed to be a damage caused by such tenant under sub -section (4) and
shall be dealt with accordingly.
19. (1) No landlord or tenant either by himself or through any
person purporting to act on his behalf shall, without just and sufficient
cause cut off or withhold any essential supply or service enjoyed by the
tenant or landlord, as the case may be, in respect of the premises let to him,
or, under his own occupation.
(2) If a landlord or a tenant contravenes the provisions of sub -
section (1), the tenant or the landlord, as the case may be, may make an
application to Rent Authority complaining of such contravention.
(3) If the Rent Authority is satisfied that the essential supply or
service was wilfully cut off or withheld, it may pass an order directing the
restoration of the amenities immediately pending the inquir y referred to in
sub-section (4):
Provided that interim order may be passed under this sub -section
without giving notice to the landlord or the tenant, as the case may be.
(4) If the Rent Authorit y on inquiry finds that the essential
supply or service enjoyed by the tenant or landlord was cut off or withheld
by the landlord or the tenant, as the case may be, wilfully and without just
and sufficient cause, he shall make an order directing the restor ation of
such supply or service.
Cutting off or
withholding
essential supply
or service.
24
(5) The Rent Authority shall complete an enquiry under sub -
section (4) within a period of thirty days of filing of an application for
enquiry unless the Rent Authorit y, for reasons to be recorded in writing,
decides that it is not possible to complete the enquiry within such period.
(6) The Rent Authority may, in his discretion, direct that
compensation not exceeding one thousand rupees be paid to,-
(a) the landlord or the tenant, as the case may be, by the
complainant if the applica tion under sub -section (2)
was made frivolously or vexatiously;
(b) the complainant, if the landlord or the tenant, as the
case may be, had cut off or withheld the supply or
service without just and sufficient cause.
Explanation. - In this section the expression "essential supply or service"
shall include supply of water, electricity, lights in passages and on
staircases, conservancy and sanitary services.
Explanation. - For the purposes of this section, withholding any essential
supply or service shall include acts or commissions attributable to the
landlord or the tenant, as the case may be, on account of which the
essential supply or service is cut off by a local authority or any other
agency.
CHAPTER IV
PROTECTION OF TENANTS AGAINST EVICTION
20. (1) Notwithstanding anything to the contrary contained in any
other law or contract, no order or decree for the recovery of possession of
Protection of
tenants against
eviction.
25
any premises shall be made by any court 1[***] or Rent Authority in favour
of the landlord against any tenant, save as provided in sub-section (2).
(2) The Rent Authority may, on an application made to it in the
form specified in Schedule XII to this Act make an order for the recovery
of possession of any premises on one or more of the following grounds
only, namely:-
(a) that the tenant has neither paid nor tendered the
whole of the arrears of the rent and other charges
payable for three or more consecutive months l egally
recoverable from him within two months of the date
on which a notice in the Form specified in Schedule
VII to this Act, of demand for the arrears of such rent
and other charges payable and interest at the rate of
fifteen per cent, for the period of default has been
served on him by the landlord in the manner provided
in section 106 of the Transfer of Property Act, 1882:
Provided that a tenant shall not be entitled to the benefit of
service of notice by the landlord under this clause where having obtained
such benefit once in respect of any premises, he again makes a default in
the payment of rent and other charges payable in respect of those premises;
(b) that the tenant has used the premises for a purpose
other than that for which they were let;
(c) that the premises were let for use as a residence and, -
(i) neither the tenant nor any member of his family
has been residing therein for a period of six
months;
1 Omitted by Punjab Act No. 23 of 2014, Section 4
26
Explanation.- For the purposes of this clause and clause (q), "family"
means parents, spouse, dependent sons and daughters or such other
relatives as are ordinarily living with the tenant and are dependent upon
him;
(d) that the premises or any part thereof have become
unsafe or unfit for human habitation and are required
by the landlord for carrying out repairs or
reconstruction which cannot be carried out wit hout the
premises being vacated:
Provided that no order for the recovery of possession under this
clause, clause (f), clause (g) and clause (h) shall be made unless the Rent
authority is satisfied that the plans and estimates of such repairs or re -
construction, as the case may be, have been properly prepared and that the
landlord has the necessary means to carry out the s aid repairs or re -
construction:
Provided further that if the landlord proposes to change the use of
the pre mises after re -construction, t han, he shall so specify in his
application for recovery of possession and, after such re -construction, the
landlord shall if it is otherwise permissible under law, utilize the built up
area equal to the previous area for the original use to the extent required for
the purpose of sub-section (i) of section 30 and the rest for any other use;
(e) that the premises or any part thereof are required by
the landlord for the purpose of immediate demolition
ordered by the Government or any local authority or
the premises are required by the landlord to carry out
any building work at the instance of the Government
or local authority in pursuance of any improvement
27
scheme or development scheme and that such bui lding
work cannot be carried out without the premises being
vacated;
(f) that the premises or any part thereof are required by
the landlord for carrying out any repairs which cannot
be carried out without the premises being vacated;
(g) that the premises are required by the landlord for the
purpose of building or re -building or making thereto
any substantial addition or alteration including
construction on the terrace or on the appurtenant land
and that such building or re -building or addition or
alteration cannot be carried out without the premises
being vacated;
(h) that the premises consist of not more than two floors
and the same are required by the landlord for the
purpose of immediate demolition w ith a view to re -
build the same:
Provided that where the building of which such premise or
premises possession in respect of which has been recovered under clause
(d), clause (e), clause (f) or clause (g) forms a part has been re -built to an
extent of less than seventy -five per cent, a tenant so dispossessed shall
have a right to re-entry at the new terms of tenancy in a premises in the re -
built building equivalent in area to the original premises for which he was
a tenant;
28
(i) that the tenant, his spouse or a dependent son or
daughter ordinarily living with him has, 1[***] built or
acquired vacant possession of or been allotted a
residence on hire-purchase basis:
Provided that the Rent Au thority may in appropriate case
allow the tenant to vacate the premises within such period as he may
permit but not exceeding three months from the date of passing of orders
of eviction or one year from the date of getting possession of premises
referred to in sub- section (1) above.
(j) that the premises were let to the tenant for use as a
residence by reason s of his being in the service or
employment of the landlord, and that the tenant has
ceased,2[***] to be in such service or employment:
Provided that no order for the recovery of possession of any
premises shall be made on this ground if the Rent Authority is of the
opinion that there is any bona fide dispute as to whether the tenant has
ceased to be in the service or employment of the landlord;
(k) that the tenant has , 3[***]caused or permitted to be
caused substantial damage to or such alteration of the
premises as has the effect of changing its identity or
diminishing its value.
Explanation.- For the purposes of this clause, "substantial damage" shall
mean such damage as shall involve an expenditure equivalent to six
months' rent or more, of the premises or such less expenditure as the Rent
Authority is satisfied, keeping in view, the special nature of damage,
1Omitted by Punjab Act No. 33 of 2013, Section 10
2Omitted by Punjab Act No. 33 of 2013, Section 10
3Omitted by Punjab Act No. 33 of 2013, Section 10
29
justify the same to be treated as substantial damage for carrying out the
repairs for such damage:
Provided that no order for the recovery of possession of any
premises shall be made on the ground specified in this clause, if the tenant,
within such time as may be specified in this behalf by the Rent Authority,
carries out repairs to the damage caused to the satisfaction of the Rent
Authority or pays to the landlord such amount by way of compensation as
the Rent Authority may direct;
(l) that the tenant or any person residing with the tenant
has been convicted of causing nuisance or annoyance
to a person living in the neighbourhood of the
premises or has been convicted of using or allowing
the use of the premises for an immoral or illegal
purpose;
(m) that the tenant has, used or dealt with the premises in
a manner contrary to any condition imposed on the
landlord by the Government, while giving him a lease
of the land on which the premises are situated:
Provided that no order for the recovery of possession of any
premises shall be made on this ground if the tenant, within such time, as
may be specified in this beha lf by the Rent Authority, complies with the
condition imposed on the landlord by any of the authority referred to in
this clause;
(n) that the tenant in his reply having denied the
ownership of landlor d has failed to prove it or that
such denial was not made in a bona fide manner;
30
(o) that the person in occupation of the premises has failed
to prove that he is a bona fide tenant;
(p) that the tenant after having agreed with or having
informed the landlord in writing the date to vacate the
premises does not do so on or after the date so agreed
or informed;
(q) that the premises let for residential or non -residential
purposes are required, whether in the same form or
after re -construction or re - building, by the landlord
for occupation for residential or non -residential
purpose for himself or for any member of his family if
he is the owner thereof, or for any person for whose
benefit the premises are held and that the landlord or
such person has no other reasonable suitable
accommodation:
Provided that where the landlord h as acquired the premises by
transfer no application for the recovery of possession of such premises
shall lie under this clause unless a period of three years has elapsed f rom
the date of the acquisition:
Provided further that where an order for the recovery of possession
of any premises is made on the ground specified in this clause, the landlord
shall be entitled to obtain possession thereof on the expiration of a period
of three months from the date of passing of eviction order.
Explanation I.- For the purposes of this clause, where the landlord
in his application supported by an affidavit submits that the premises are
required by him for occupation for himself or for any member of his family
31
dependent on him, the Rent Authority shall presume th at the premises are
so required.
Explanation II. - For the purposes of this clause of section 21,
section 22, section 23 or section 24, an occupation by the landlord of any
part of a building of which any premises let out by him forms a part, shall
not disentitle him to recover the possession of such premises.
Explanation III. - For the purposes of this clause "owner of the
premises" includes a person who has been allotted such premises by the
Punjab Housing Development Board or any other local 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.
(3) In any proceedings for eviction under clause (d), (e), (f), (g)
or (q) of sub -section (2) of this section or section 21 or section 22 or
section 23 or section 24, the Rent Authority may allow eviction from only
a part of the premises if the landlord is agreeable to the same:
Provided that, in case of such part -eviction, the rent and other
charges payable by the tenant shall be decreased in proportion to the part
vacated.
(4) No order for the recovery of possession in any proceedings
under sub - section (2) shall be binding on any sub -tenant referred to in
section 27 who has given notice of his sub -tenancy to the landlord under
the provisions of that section, unless the sub -tenant is made a party to the
proceedings and the order for eviction is made binding on him.
21. (1) Where a person in occupation of any residential premises
allotted to him by the Government or any local authority is required by, or
Right to recover
immediate
possession of
premises to accrue
to certain persons.
32
in pursuance of, any general or special order made by that Government or
authority, to vacate such residential accommodatio n, or in default to incur
certain obligations, on the ground that he or his spouse or his dependent
son or Excerpt shown. Open the full act in Lexace.