East Punjab Urban Rent Restriction Chandigarh Amendment Act 1982


East Punjab Urban Rent Restriction Chandigarh Amendment Act 1982

Act No. 42 of 1982

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The following Act of Parliament received the assent of the President on the 21st August, 1982, and was published in the Gazette of India, (Extraordinary), Part II Sec. 1, No. 38, dated August 23, 1982.

An Act further to amend the East Punjab Urban Rent Restriction Act, 1949, as in force in the Union Territory of Chandigarh.

Be it enacted by Parliament in the Thirty-third Year of the Republic of India as follows :

  1. Short title.- This Act may be called the East Punjab Urban Rent Restriction (Chandigarh Amendment) Act, 1982.
  2. Amendment of section 1.- In the East Punjab Urban Rent Restriction Act, 1949 (East Punjab Act III of 1949), as in force in the Union Territory of Chandigarh, (hereinafter referred to as the Principal Act), in section 1, in sub-section (1), for the words "East Punjab", the word "Punjab" shall be substituted.
  3. Amendment of section 2.- In section 2 of the principal Act, for clause (d), the following clause shall be substituted, namely :-

(d) "non-residential building" means -

(i) a building being used solely for the purpose of business or trade;

(ii) a building let under a single tenancy for use for the purpose of business or trade and also for the purpose of residence.

Explanation. - For the purposes of this clause, residence in a building only for the purpose of guarding it, shall not be deemed to convert a "non- residential building" to a "residential building".

  1. Special provision as to pending cases.- The provisions of the principal Act, as amended by this Act, shall apply to and in relation to every case, under the principal Act, for eviction of a tenant from a building let under a single tenancy for use for the purpose of business or trade and also for the purpose of residence which is pending immediately before the commencement of this Act, and any order made in such case before such commencement by any authority, shall, on an application made in this behalf to such authority, be modified so as to be in conformity with the provisions of the principal Act as amended by this Act.

Explanation. - For the purposes of this section, a case relating to eviction of a tenant shall be deemed to be pending -

(a) if no order has been made in such case for the eviction or otherwise of the tenant; or

(b) if an order has been made in such case for the eviction of the tenant and such order remains to be executed.

 

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