Punjab Rent Act, 1995
No: 13 Dated: Oct, 10 2012
THE PUNJAB RENT ACT, 1995
Act No. 13 of 2012
An Act to provide for the regulation of rents, repairs and maintenance and eviction relating to premises and matters connected therewith in the State of 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. Short title, extent, application and commencement. - (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 on such date as the State Government may specify in this behalf in the Official Gazette.
CHAPTER I
Preliminary
2. Definitions. - In this Act, unless the context otherwise requires, -
(a) "Bench" means a Bench of the Tribunal;
(b) "Chairman" means the Chairman of the Tribunal;
(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 the 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;
(e)"Member"means a Member of the Tribunal and includes the Chairman;
(f) "non-residential premises" means premises being used solely for the purpose of business or trade;
Provided that residence in 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 as a residence or for non- residential use or for any other purpose, and includes, -
(i) the garden ground and out-houses, if any, appurtaining 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;
(k) "standard rent"in relation to any premises, means the rent calculated under section 7
(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 rent 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;
(ii) any person continuing in possession after the termination of his 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;
(n) "Tribunal" means the Punjab Rent Tribunal Established under section 39; and
(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.