Himachal Pradesh Urban Rent Control (Amendment) Ordinance, 2022
[Himachal Pradesh Ord. 4 of 2022][12th October, 2022]
CONTENTS
An Ordinance further to amend the Himachal Pradesh Urban Rent Control Act, 1987 (Act 25 of 1987).
WHEREAS, the Legislative Assembly of Himachal Pradesh is not in session and the Governor of Himachal Pradesh is satisfied that circumstances exist which render it necessary for him take immediate action;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India, the Governor of Himachal Pradesh is pleased to promulgate the following Ordinance:—
1. Short title.—This Ordinance may be called the Himachal Pradesh Urban Rent Control (Amendment) Ordinance, 2022.
2. Amendment of ## Section 14.—In Section 14 of the Himachal Pradesh Urban Rent Control Act, 1987, (Act 25 of 1987) (hereinafter referred to as the “principal Act”),—
(a) in sub-section (3), in clause (c), after second proviso, the following proviso shall be inserted, namely:—
“Provided further that tenant who demands re-entry under this clause has to exercise such option within six months of filing the eviction petition subject to the filing of mutual terms and conditions of the re-entry and sanction of map by the landlord for such construction and in that eventuality the tenant shall hand over the vacant possession of the building or rented land within three months of exercising such option and such construction shall be completed within 2 years.”
(b) after sub-section (4), the following sub-section shall be inserted, namely:—
“(4-A)” If the tenant is evicted under this section and the tenant has approached the Appellate Court for stay of order of eviction passed on any of the grounds under this section, the appellate court may impose such occupation charges which shall not be more than double of the actual rent previously paid:
Provided that where the tenancy in non-residential building is prior to the appointed day, the occupation charges may be increased up to three times of the actual rent previously paid.