The East Punjab Urban Rent Restriction Act, 1949

1949 : EAST Pb. ActIIL. ] URBAN ReNT RESTRICTION 369 THE EAST- PUNAJB URBAN RE ACT 1949. TABLE OF CONTENTS. NT RESTRICTION, Sections. 1. - Short title, extent and commencement. Definitions. ) EBxemptions. 2. 3 i 4 Determination of fair rent. 5. Increase in fair rent in what case admissible. 6. Landlord not to claim anything in excess of fair rent. 7. Fine or premium not to be charged for grant, removal or Icontinuance of tenancy. Rent which should not have been paid may be recovered. ol 9. TIncrease of rent or account of payment of rates, etc. of Iccal authority, but rent not to be increased on account of pay- ment of other taxes, etc. W I g 10. Tiandlord not to interfere with amenitics cnjoyed by the tenant. 11. Conversion of a residential building into a noxi-residcntifl 'building. 12. Faildre of landiord to make necessary repairs. 'f3. Bviction of tenasifs. “14. Decisifins which have. become final not to be re-opened in - : . . appeal. ‘ 13. ; V'estixig: of-appellate: authority on offices by Central Govern- " ment. : 16. Power to summon and" enforce attendance of witnesses. 17. Execution of orders.. - 18. Landlord and tenant to furnish particulars. 19, Penalities. - 50, Poiwer.to make rules. .21. Repeal. 1949 : East Ph. Act IIL.] URBAN RENT RESTRICTION 371 'THE EAST PUNJAB URBAN RE ACT. 1985, NT RESTRICTION EAsT PuNJAB Act No. IIT OF 1949, [Received the assent of His Excellency th G 23rd March, 1949, and first publigv)he; in ‘;;ti"é‘;;to ’ll’li}:: o ' J;«S’ %Z\l;inment Gazstte (Extraordinary) of March, 1 2 3 4 Year No. Short title Whether repealed or otherwise affected by legislation 1949 I _’-rhe East Punjab :\mcnded in part by East Punjab Act Urban Rent Restrice| XIII of 1949. Y o tion-Act, 1949 Amended in part by Punjab Act XVIL of 19502 Amended in part by the Adaptation of Laws Order, 1950. Amended by Punjab Act XLII of 1953.4 i ) Extended t5 the territories which imme- diately before the 1st November, 1956, were comprisad in the State of Patiala and East P .njab States Union by Punjab Act XVIII of 19585, Amended by Punjab Act XXIX of 1956, Amended by Punjab Act XXI of 1957 Amended by Punjab Act XXX of 1963¢ Amended by Punjab Act VI of 1966 Amended by the Punjab Reorganisation (Chandigarh) (Adantation of Laws on State and Concurrent Subjects) Order, 1968. 1For Statement of Objects ‘and Reasons, see Fast Punjab Government Gazette (Extraordinary), 1948, page 558-F ; for proceedings in the Assembly, see EastPunjab Legislative Assembly Debates, Volume III, 1949, pages 631—37. 2For Statement of Objects an;l Reason;, see Pa:mjaAb Gfiemme?’sgg::;; (Extraordinary), 1950 , page 840 ; for proceedings in the Assembly, see Legislative Ass mbly ,Debates, Volume ITI, 1949, pages (24) 100—(24) 102 and 25) 51—(25) 69. sFor Statement of Objects and Reasons, see Punjab Government . (;azqtat; (Extraordinary), 1950, page 840, for proceedings in the Assembl‘){i ses:r ‘Fa; o wiu Legislative Assembly Debates, Volume II, 1950, page @ 42-4) o b 1sin o e repealing Ordiaance No. 6 of 1950, saved anything done or any acf ‘O'il' toenhave beon of any power conferred by or under the said ‘Ordinance by deen:;‘qg e done or taken in exercise of the powers conferred by or‘undet i -t Gazette sFor Statement of Objects and Reasons, see Punjab Governmen! (Extraordinary), 1956, page 1116. otte (Extra- sFor Statement of Qbjects and Reasons, s¢¢ Government Gazst (! ordinary), 1958, page546K. : t Gazette ¢For Statement of Objects and Reasons, se€ Punjab Governmen! Extraordinary), 1956, page. . ent Gazette ; 7For Statement ,of Objects and Reasons, se¢ Punjab Governm inary), 1957, Page. . t Gazette (Efll‘alz‘:: Srtya)!emem ,of Objects and Reasons, se€ Punjab Government | (Extraordinary), 1963, page 498. see Punjab Government - Gazette sFor Statement of Objects and Reasons (Extraordinary), 1966, page 208. 372 URBAN RENT RESTRICTION [ 1949 : East Ph.ag w t to restrict the increase of rent of certain premig, . An A;:ted0 witshin the limits of urban areas, and the efis:é‘:lltll- tenants therefrom. of IT is hereby enacted as follows :— Short title, extent 1. (1) This Act may be called the East Punjap Utby, endcommencement pent Restriction Act, 1949. . . % (2) It extends to all urban areas in ![Union Territo of Chandigarh], but nothing herein contained shaury deemed to affect the regulation of house accommodatiy, in any Cantonment area. (3) It shall come irto force at once. D efinitions. 2. In this Act, unless there is anything repugnant i, the subject or. context,— . (@) “building” means any building or part of , building let for any purpose ,whether bej actually used for that purpose or not, including any land, godowns, out-houses, or furniture let therewith, but does not include a room ina hotel, hostel or boarding house ; (b) “Controller” means any person who is ap- pointed by the 2[Central Government] to perform the functions of a Controller under this Act ; (c) “landlord” means any person for the time be- ing entitled to receive rent in respect of any building or rented land whether on his own account or on behalf, or for the benefit , of any other person, or as a trustee, guardian, receiver, executor or administrator for any other person, and includes a tenant who sublets any building or rented land in the manner hereinafter autho- tised , and, every person from time to timé deriving title under a landlord ; - (d) “non-residential building” means a building ?elgg used solely for the purpose of business rade : Provided that residence in a building on&’ for the purpose of guarding it shall not. deemed to convert a “non-residential buildio® Jfo a “residential building” ; made (¢) “prescribed” means prescribed by rules ‘l‘lnder this Act ; b b tely () “rented land” "means ‘any land let §3Pfirafor for the purpose of being used principally business or irade ; s e hich () “residentia] building” means any buildiog 3 | __18 not a non-residential building ; o (Adaptation of Lo " 108 WOrd “Bunjay” by the Puzjab Reorganisstion isalif Subsitutod for the wanga g oncErent Subjects) Order, 1965, poorputly . rords o Punja! (Chandigarh) (Adaptatiog of Laws sfig&z":fl“‘&:& DY e sbjests) OFd% ‘ 1949: East Pb. Act IIT | yrpay RENT RESTRICTION 373 () “‘scheduled building” means a residong: building which is being used byrzsxge;::)ag engaged in one or more of the professions specified in the Schedule to this Act, partly for his business and partly for his residence ; (i) “tenant” means any person by whom or on whose account rent is payable for a building or rented land and includes a tenant continuing in possession after the termination of the tenancy in his favour, but does not include a person placed in occupation of a building or rented laqq by its tenant, unless with the consent in writing of the landlord, or 2 person to whom the collection of rent or fees in a public market, cart-stand or slaughter-house or of rents for shops has been framed out or leased by a munici- pal, town or notified area committee ;and (j) “‘urban area” means any area administered by a municipal committee, a cantonment board, a town committee or a notified area committee or any area declared ![by the] [Central Govern- ment] by notification to be urban for the pur- pose of this Act. Exemptions 3. The ?[Central Government] may direct that all or any of the provisions of this Act shall not aptply to any particular building or rented land or any class of buildings or rented lands. o Lo . The Controller shall on application by the Determination o tenagt 01g Dlandlord of a building or rented land fix the fair falc ren rent for such building orrented land after holding such inquiry as the Controller thinks fit. o . . . . ) . thc In determining the fair rent under this section, Cont(rzgller shall first fix a basic rent taking into considera- tion— ili i lity for revailing rates of rent in the locality | @ tth}ze ls)ame or gimilar accommodation in ‘similar Tnse: i These words shall iab Act No. XLIII of 1953, section 2. e pot- be deen:ed gflveb)l;egflgdedasif this Act had been in force onthe date fication, *Substituted for the words ‘State Government” by the Pun; Reorganisation Order, 1968. (Chandigarh) (Adaptation of Laws on Statoand Concurrent S 374 URBAN RENT RESTRICTION [1949 : Fag¢ py, Act I, ircumstances during the twelve my . fcl)rihe Ist January, 1939 ;apnd Obths Prigy (b) the rental value of such building or reyy el lang: entered in property tax assessment Tegister b the municipal, town or notified areg commj of cantonment board, as the case may be , relatiee, to the period mentioned in clause (g . 18 "[Provided that, notwithstanding anyth; contained in sub-sections (3), (4) and G), the fair rent for any building in'the urban area of Simla shall not exceed the basic rent.] g (3) In fixing the fair rent of a residential building the - Controller may allow, if the basic rent— (?) in the case of a building in existence before the Ist January, 1939— (@) does not exceed Rs. 25 per mensem, an in- crease not exceeding 8} per cent on basi rent ; () exceeds Rs. 25 per mensem but does not exceed Rs. 50 per mensem, an increase not ex- ceeding 121 per cent on such basic rent ; (5] exceeds Rs. 50 per mensem, an increase not exceeding 25 per cent on such basic rent ; (i) in the case of a building constructed on or after the 1st January, 1939 (@) does not exceed Rs. 25 per mensem , an if- crease not exceeding 25 per cent on such basic rent ; (6) exceeds Rs. 25 but does not exceed Rs. 50 Per mensem, an increase not excee % per cent on such basic rent ; . ] t (c) exceeds Rs. 50 per mensem , an m“egse;:fi. exceeding 50 per cent on such basic ¥ _— *Added by Bast Pusjab Act, X111 of 1949, section 2, 1949 : East Pb. Act ITl.] URBAN RENT RESTRICTION 375 (4) In fixing the fair re ildi Controller may allow if the ll;tagg i::;thf e g e (i) in the case of a building in exi st Jamuary, lgslglgfllng in existence before the (@) does not exceed Rs. 25 per mensem, an in- crease not exceeding 13} per cent on such | basic rent ; | . (b) -exceeds Rs. 25 but doesnot exceed Rs. 50 per mensem, an increape not exceeding 173 per cent on such basic rent ; (c) exceeds Rs. S0 per mensem, an increase not exceeding 30 per cent on such basic rent ; (if) in the case of a building constructed on or after the 1st January, 1939— ) » (@) does not exceed Rs. 25 per mensem, an in- crease not exceeding 30 per cent on such basic rent ; (b) exceeds Rs. 25 but does not exceed Rs. 50 per mensem, an increase not exceeding 42§ per cent on such basic. rent ; (c) exceeds Rs. 50 per mensem, an increase not exceeding 55 per cent on such basic rent. ntofa non-residential building (5) Infixing the fair re e ! ay allow, if the basic or rented land the Controller m: rent— (i) in the case of 2 building in existence before the * 1st January, 1939, orin the case of rented land— an increase (@) does not exceed.50 per mensem,. an. i ch basic not exceeding - 37% per cent’ on su rent ; (b) exceeds Rs. 50 per mensem, an increase not exceeding 50 per cent on such basic rent ; Increase in 376 URBAN RFNT RESTRICTION [1949 - East py, Ac l I i) in the case of a building constructeq @ 1st January, 1939— after gp, (a) does not exceed Rs. 50 per crease not exceeding 50 basic rent ; mensem, 5 in Per cent on such. (b) exceeds Rs. 50 per mensem, an increag ] I € N0t ey. ceeding 100 per cent In such bas)i(c rent. (6) Nothing in this section shall be deemed to entitle the Controller to fix the faj ildi i rent Gn iy T 5. When the fair rent of a building or rented land has admissible. 4, no further increase in such fair . Provided ¢t tion shall not exceed th Provided further that any dispute between the land- ord and tenant in Tegard to any increase claimed under this section shall be decided by the Controller : . . . - Landlord mot 1o 6. (1) Save as provided in section 5, when the CO treen ing in troll i er has fixed the . g in il an! S © fair rent of a building or rented 12! excess of fair rent. under section 4—. . = ive any (@) the landlord shall pot claim or .f‘?°f,‘vt% : premium or other like sum in additio ent, but Tent or any rent i excess of such fair I 1949 : East Pb. Act IIL] URBAN RENT RESTRICTION 377 the landlord may stipulate for and receive in ad- vance an amount i rent : not exceeding one month’s (b) any agreement for the payment of a i : ny su addition to rent or of rent in excess of ssllxch mfalix: rent shall be null and void. (2) Nothing in this section shall apply to th ?S :;a;]y rent which became due before the? fs%, day o? fzg?l;i;): 7. (1) No landlord shall in consideration of the grant, Fine or premium renewal or continuance of a tenancy of any building or rent- 5ot to be charged ed land require the payment of any fine, premium or any o ‘contimanes of other like sum in addition to the rent. tenancy. (2) Nothing in this section shall apply to any payment under any subsisting agreement entered into before the 1st day of January, 1939. 8. (I) Where any sum has, whether before or after Rent whi i the commencement of this Act, been paid which sum is by “]:! " pave " Sh:g: reason of the provisions of this Act irrecoverable, such sum gg:r‘:re&-.] @ be re shall, at any time within a period of six months after the date of the payment, or in the case of payment made be- fore the commencement of this Act, within six months after the commencement thereof, be recoverable by the tenant by whom it was paid or his legal representative from the landlord who received the payment or his legal repre- sentative, and may without prejudice to any other method of recovery be deducted by such tenant from any rent pay- able within such six months by him to such landlord. (2) In this section the expression “legal represen- tative” has the same meaning as in the Code of Civil Pro- cedure, 1908, and includes also, in the case of joint family property, the joint family of which the deceased person was a member. 9. ({) Notwithstanding anything contained in any Increse of rent on other prgv)ision of this Act g landlord shall be entitled to :?“,‘“m;’f‘;{‘?’fi increase the rent of a building or rented land if after the Jocal authiority, bat commencement of this Act a fresh rate, cess or tax is levied fCreased on accout in respect of the building or rented land by any local autho- of peymentof other rity, or if there is an increase in the amount of such a rate, . cess or tax being levied at the commencement of the : Landlord not to interfere with 378 URBAN RENT RESTRICTION [1949 : East pp, Act III‘ Provided that the increase in rent shall not exceeqd amount of any such rate, cess or tax or the amoupt of ‘he i i ¥ tax, as the case may ¢ Increase in such rate, cess or tax, Yy be. (2) Notwithstanding anything contained in any lay, for the time being in force or any contract, no landlord sha]) recover from his tenant the amount of any tax tion thereof in respect of any building or rented land oc. cupied by such tenant by any increase in the amount of the rent payable or otherwise, save as provided in sub-sectiop €] OT any poy. 10, (1) No landlord shall, without just or sufficie amenities enjoyed Cause, cut off or withhold any of the amenities enjoyed by by the tenant. Conversion of a re. the tenant. (2) Atenantinoccupation of a building or rented lang may, if the landlord has contravened the provisions of this section , make an application to the Controller complaining of such contravention. (3) If the Controller on enquiry finds that the tenant has been in enjoyment of the amenities and that they were cut off or withheld by the landlord without just or sufficient cause, he shall make an order directing the landlord to re- store such amenities. 11. No person shall convert a residential building into sidential buildin, - : o 143 A 5 - . intoa non-rosides & NON-residential building except with the permission in iden tial building, “writing of the Controller. Failure by land. lord to make neces- Sary repairs. Eviction of tenants, 13. land shall not be evicted t passed before or after ¢ ' otherwise and wheth “t1on°13 of the Punjab Urpy, subsequently amen’ded‘] have been added since the con () A tenant in possession of a building or rented herefrom in execution of a decree he commencement of this Act of er before or after the termination 0 10y, except in accordance ‘with the provisions o 1S section, '[or in pursuance of ‘an erder made under 56, « Rent Restriction Act, 1947, 35 ¥ _ - — — - . - ‘Added by Punjab Act X[y of 1950, section2, (These words shall be deemed @ Mencement of East Punjab Act, ITT of 1949). “ 1949 : East Pb. Act III.JURBAN RENT RESTRICTION 379 2) A landlord who seeks to evict his tenant shall ap- ply to the Controller for a direction in that behalf, If the Controller, after giving the tenant a reasonable opportunity of showing cause against the applicant, is satisfied— (i) that the tenant has not paid or tendered the rent due by him in respect of the building or rented land within fifteen days after the expiry of the time fixed in the agreement of tenancy with his landlord or in the absence of any such agree- ment, by the last day of the month next fol- Jowing that for which the rent is payable : Provided that if the tenant on the first hear- ing of the application for ejectment after due service pays or tenders the arrears of rent and interest at six per cent per annum on such arrears together with the cost of application assessed by the Conroller, the tenant shall be deemed to have duly paid or tendered the rent within the time aforesaid, (i/) that the tenant has after the commencement of this Act without the written consent of the "landlord— (a) transferred his right under the lease or sub- let the entire building or rented land or any portion thereof ; or (b) used the building or rented land for a pur- pose other than that for which it was leased, or (iif) that the tenant has committed such acts as are likely to impair materially the value or utility of the building or rented land, or (iv) that the tenant has been guilty of such acts and conduct as are a nuisance to the occupiers of buildings in the neighbourhood, or (v) that where the building is situated in a place other than a hill station, the tenant has ceased to occupy the building for a continuous period of four months without reasonable cause; the Controller may make an order directing the tenant to put the landlord inypossession of the building or rented land andif the Controller is not so satisfied he shall make an order rejecting the application : Prmjrided g’chat thepPController may give the tenant z;.‘ reasonable time for putting.the landlord in possession o! the building or rented land and may extend such time so as not to exceed thrée months in the aggregate. B | 380 URBAN RENT RESTRICTION [1949 : East py, Actpgy A landlord may apply to the Controller g, ordel(-?lir('g():ting the tenant to put the landlord in Pfisrs:: o (@) in thefcase of a residential 1[ * * x g, ng, i— N . : (a)nfc requires it for his own occupation ; (b) he is not occupying another residentia) rs * ¥] building ¥ * = ] g the urban area concerned; and ) (c) he has not vacated such a building Withoyt sufficient cause after the commencement of this Act, in the said urban area ; [(d) it was let to the tenant for yse a residence by reason of his being in the service or employment of the landlord, and the tanant has ceased, whether before orafter the commencement of this Act, to be in service or employment : Provided that where the tanant is a workman who has been discharged or djsmissed by the landlord from his service or employment in contravention of the provisions of the Indus. trial Disputes Act, 1947, he shall not be liable to” be evicted wuntil the competent authority under that Act confirms the order of discharge of dismissal made against him by the landlord.] [ (i-a) in the case of a residential building, if the landlord is 2 member of the armed forces of the Union of Act, 1925, that he is serving under special conditions within the meaning of section 3 of that Act, Explanation.—For the purposes of this sub-paragraph— () the certificate of the prescribed aultbhority shall be conclusive evidence that the landlord is &gTVing under special conditions ; and d (2) “family” means sych relations of the landlor as ordinarily live with him and are dependent ... .upon him;] () in the case'of s * « « ] rented land, if— L (a) he Tequires it for his own use ; 1The words “‘ora scheduled ** g, B The words * ora scheduied oot bY Punjab Act, No. 29 of 1936, ; . *Added by Punjab Act No. 21 of 1950 e case may be * omitted by b By B T 5 ’ of 1956, o 0 nomTesidontial bulding or omigted by Pusjab ActNo P | 1949 : East Pb. Act TIL] URBAN RENT REstRicTION 381 h) he is no ing in t (*) od for Eh%CCupymg In the urban area concern- purpose of his business any oth such [ * *] rented land R -ly ther (c) he has not vacated such g o owc ang land without sufficient cause after tllleri:lcl)tri- g;crefigzm;ent of this Act, in the urban area con- *[Gi) In the case of any building or rented land lfthe] requires it to carry out any building work at the instance of the Government or local authority or any Improvement Trust under some 1mprovement or development scheme or if it has become unsafe or unfit for human __ habitation ;] (i) in the case of 4[any residential building], if he requires it for use as an office or consulting room by his son who intends to start practice as a lawyer or as a ‘“‘registered practitioner” within the meaning of that expression as used in the Punjab Medical Registration Act, 1916 .(}r for the residence of his son who is married, — (a) his son as aforesaid is not occupying in the urban area concerned any other building for use as office, consulting room or residence, as the case may be; and (b) his son as aforesaid has not vacated such a building without sufficient cause after the commencement of this Act, in the urban area concerned ; 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-paragraph (i-a)] be entitled to apply under this sub-section before the expiry of such period : Provided further that where the landlord has obtained possession of 5[ a residential or rented land]under the provisions of sub- paragraph (i) or sub-paragraph (ii) he shall not be entitled to apply again under the said sub-paragraphs for the possession of any other building of the same class or rented land : The w “buildi o o, = R by Punjab Act No. 29 of fgg‘s?rds building of” and “as the casemay be~ omitted by *The word “building or'” omitted by bid. stituted for the word *‘building” by ibid, o puildio “Substituted o : non-residential bl 2 °f rented Jan d:"by lgg;thewmds aresidential a scheduled or N 382 URBAN RENT RESTRICTION [1949 : East py, Act | I Provided further that where a landlorq ed possession of any building under h?}sl 0btain. sions of sub-paragraph (i) he shaj) nof Frovi. titled to apply again under the saiq gypC on- graph for the possession of any other buP ara. for' the use of, or as the casc may be flldmg residence of the same son. > 201 the (b) The Controller shall, if he is satisfieq th claim of the landlord is bona fide make an order dirat the the tenant to put the landlord in possession of the bu?ftfflg or rented land on such date as may be specified by the‘((:img troller and if the Controller is not so satisfied, he shall o an order rejecting the application : Make Provided that the Controller may give the tena; reasonable time for putting the landlord in Dossessj e the building or rented land and may extend such timeon of not to exceed three months in the aggregate. SO . M[(c) where an application is made under sub-para (i-a) of paragraph (a) it shall be disposed of, as far agraph be, within a period of one month and if the claim sfmay landlord is accepted, the Controller shall make a, % eibe directing the tenant to put the landlord in p0ssesn' Snder :l&zhb(linltdmtgla fin a date to be specified in the ordtx? r;l:)‘f b s(t) rchr]. not be later than fifteen days from the date .. (9) Where a landlord who ha i i building or rented land in pursulzlinsc(e)%?;%eg‘r%g:sesfion o paragraph (/) or sub-paragraph (i) of para, unh e sub-section (3) 2[does not himself occupy it ogra'lt)‘ @ of sion was obtained by him for his famil i Db of an order under sub-paragraph (i-a) Ofy arabrsuance of 3ub-se]ctibonl (3), his family does nmpa;gcg;;l;h t(]fg residentjal build; i i ; by him on behg,lgf ‘:’? hllt; PSOOS;eSiSI;On] was obtained order under sub-paragraph (@) of S s sa section (3), his son does not occu ptatl;agraph @ of sub- which possession wag obtained fopy iy purpose for mlrlelve Iizonths from the date of ztittacig}glgnuous pspodgrf where a la . ossession ndlord who has obtained possessionp of a building Cordingly. 4 AT +Added by Punjab Act No. 6 of 566, A 2Substituted fo, “ by fbid, T " WORdS “doe ngi i occupy it or, if possession” 1949 : East Pb. Act IIl] URBAN RENT RESTRICTION 383 (5) Where the Controller is satisfi i ) isfied that any a a- tion ]made by a landlord for the eviction of a }t,englxalltlc‘iis frivolous or vexatious, the Controller may direct that com- pensation not exceeding one hundred rupees be paid b such landlord to the tenant. ¢ 14. The Controller shall i i Y X summarily reject any ap- pecisi ] g}liigggnulrl;erl sub-section (2) or under sub-section (3) Havo b come Tima) beon finall which raises substantially the issues as have Jotto bo reopened een finally decided in a former proceeding under this Act. ' 15. (I) (a) The '[Central Government] may, by a Vestinz of appel- general or special order, by notification corllfer )c’)’n Sillch L*};?C;s“"’gflfg”zfll officers and authorities as they think fit, the powers of ap- Govornment, pellate authorities for the purposes of this Act, in such area or in such classes of cases as may be specified in the order. (b) Any person aggrieved by an order passed by the Controller may, within fifteen days from the date of such order or such longer period as the appellate authority may allow for reasons to be recorded in writing, prefer an appeal in writing to the appellate authority having jurisdiction. In computing the period of fifteen days the time taken to led against shall obtain a certified copy of the order appea be excluded.] (2) On such appeal being preferred, the appellate authority may order stay of further proceedings it the matter pending decision on the appeal. (3) The appellate authority chall decide the appeal after sending for the records of the case from the Controller and after giving the parties an opportunity of being heard and, if necessary, after making such further inquiry as it thinks fit either personally or through the Controller. ~ (4) The decision of the appellate authority and sub- ject only to such decision, an order of the Cpntrollelj shall be final and shall not be liable to be called in question 10 ded in sub-section 5) any Court of Law 2[except as provi of this section], . . _ 4[(5) The High Court may, at any time, on the applica- tion of any aggrieved party or on its own motion, call for and examine the records relating to any order passed or proceedings taken under this Act for the purpose of sa‘tils-- fying itself as to the legality or _propriety of spchthorefg or proceedings and may pass such order in relation ther! as 1t may deem fit.] «© JSubstjtuted for the words * Siate Government ” handigarh) (Adaption of laws on State and Conc.rrent s :Added by Punjab Act No. 29 of 1956. eingby o reyioubstituted for the rotds “whether in a suit or other proceeding revision” by ibid. “Inserted by ibid. by tho Pamab_Reorsaisation }:xhiccts) Order, 1968 way of appea: 384 URBAN RENT RESTRICTION [1949 East Ph, A“IIL | Powers to summon 16. For the purpos_cs of this AC[, an appe][at s OF v rity or a Controller appointed under the Acf sha]] £ Authy, it ! a same powers of summoning and enforcing (he atten, ;e the witnesses and compelling the production of evidencg <€ of vested in a court under the Code of Civil Pmcedure, Is 93? . b Execution of 17. Every order made under section 10, or Sectiop |3 . and every order passed on appeal under section 15 shall executed by a civil court having jurisdiction in the areg . if’ it were a'decree of that court. Power to transfer '[17-A. ({) The High Court may, op g;g“?f;ggf,mfwm application made to 1t or otherwise, by ord awhority or Con- transfer any proceeding pending before . troller to another 5 1y5e]ate authority to another appellate authority a4 the appellate authority to whom the proceeding is so trans. ferred may, subject to .any special direction in the order of transfer, dispose of the proceeding. . (2) An appellate authority may, on an application made to it or otherwise, by order transfer any Proceeding pending before any Controller to another Controller within its jurisdiction and the Controller to whom the proceeding’ is so transferred may, subject to any special direction in the order of transfer, dispose of the procesd- ing.] ; Landlord and‘ 18. Every landlord and every tenant of a building or tenant o fumish rented land shall be bound to furnish to the Controller, or paticulars, any person authorized by him in that behalf, such parti culars in respect of such building or rented land as may be prescribed. Penalties. 19, (J) If any person contravenes any of the provi sions of sub-section (2) of section 9, sub-section (/) of s& tion 10, section 11 or section 18, he shall be punishable W1 -fine which may extend to one thousand rupees. , oy ' - ops Of -(2) If any person contravenes any of the provisions clause () of sub-section () of sectioz 6 or sub-section (12 of section 7 he shal] b punishable with jmprison™ which may extend to two years and with (in6. nserted by Punjab Act No. 30 of 1963, 1949 : East Pb. Act IIL.] URBAN ReNT REsrm'crloN 385 (3) No Court shall take cogni this section except upon— gnizance of an offence under (11) a COmplalIlt of faCtS Whlch Co t : nstitute such L Offence flled with the sanction of the ction th Contl'ouel' (b) a report in writing of oot n g of such facts made by the 20. The [Central Government] ma ificati y, by notification, Power to make make rules for the purpose of carryi , rules. e isrons of this R ctP arrying out all or any of the 21. The Punjab Urban Rent Restriction Act, 1947 al of Punjab and the Punjab Urban Rent Restriction (East Punjab fi?&iflé}i&i’z Amendment) Act, 1948, are hereby repealed. No. XXI of 1948. SCHEDULE : 1. Lawyers. 2. Architects. 3. Dentists. 4. Engineer§. 5. Veterinary Surgeons. 6. Medical practitioners, including practitioners of indigenous systems of medicine. . , 1Substituted for the words “State Government™ by the Punjab Reorganisation { Chandigarh) (Adaptation of Laws on Stateand Concurrent Subjects) Order, 1968.