1.
Introduction
The
Punjab Rented Premises Bill 2009, having been passed by the provincial Assembly
of the Punjab on 4th November 2009 and assented by the governor of
the Punjab on 14th November 2009 was published as an Act of the
provincial Assembly of the Punjab.
2. Salient Features of the Punjab Rented Premises Act, 2009
Following
are salient features of the Punjab rented Premises Act 2009
i.
Preamble
Punjab
Rented Premises Act, 2009 is an Act to regulate the relationship between
landlord and tenant in respect of rented premises.
ii.
Purpose and Object
Purpose
and object of the Punjab Premises Act 2009 is to restrict the ejectment of
tenants urban immoveable property.
iii.
Substantive as well procedural
PRPA
2009 is substantive as well procedural. It defines the substantive right of the
individual. Procedural law is to facilitate justice and further its ends.
iv.
Extent of the Punjab Rented Premises Act
PRPA
2009 extent to the whole of the Punjab.
v.
Tenancy Agreement
Tenancy
is relationship between landlord and Tenant. Tenancy is created by an agreement
between landlord and tenant such agreement is called Tenancy agreement.
vi.
Sub-letting
A
Tenant shall not, without the prior consent of the landlord, suble the whole or
a part of the premises, or transfers or assign a right under the tenancy.
vii.
Landlord and Tenant
Landlord
is a person who is the owner of a premises and includes a person for the time
being entitled or authorized to receive rent in respect of the premises. And
Tenant is a person who undertakes or is bound to pay rent as consideration for
the occupation of a premises by him or by any other person on his behalf.
viii.
Important Obligation of Landlord
a.
Landlord shall provide a certified copy of the Tenancy agreement to the tenant.
b.
Repair the tenancy as may be necessary.
c.
Pay the tax, fee or charge levied on the premises.
d.
Landlord shall not enter the premises without giving notice.
e.
Landlord shall not cut off, suspend or withhold, without just or sufficient
cause an amenity, utility or easement of the premises.
ix.
Important obligation of Tenant
a.
Tenant shall keep the premises clean.
b.
Use the premises accordance with the purpose of letting out.
c.
On the termination of tenancy hand over the possession to landlord.
d.
Not cause Nuisance.
e.
Not make structural change without permission of landlord.
x.
Grounds for Eviction
Tenant
can be evicted on the ground mention U/S 15 of the Punjab Rented Premises Act
2009.
xi.
Rent Tribunal
Govt.
shall establish Rent Tribunal in a district or area as it may deem necessary.
xii.
Period for Disposal of Application
The
Rent Tribunal shall pass a final order on an application as expeditiously as
possible but not later than four months from the date of application.
xiii.
Appeal
A
person aggrieved by a final order may within 30 days, prefer an appeal in
writing before the district judge.
Time
period of Decision of Appeal
Appeal
shall be decided within a period of two months from the date of filing of the
appeal.
xiv.
Provisions of Q.S.O 1984 not applicable
Provisions
of civil procedure code 1908 not applicable to the proceeding under the Punjab
Rented Premises Act 2009.
xv.
Provisions of Civil Procedure code 1908 not applicable
Provisions
of civil procedure code 1908 not applicable to the proceeding under the Punjab
Rented Premises Act 2009.
xvi.
Repealing of U.R.R.O 1959
By
virtue of Section 35 the Punjab Urban Rent Restriction Ordinance 1959 was
reaped.
xvii.
heritable Asset
Legal
heirs of the Tenant in the event of death of the tenant would continue to be in
occupation of the premises as tenant. So under Punjab Rented Premises Act 2009
Tenancy is a heritable asset.
Conclusion
To
conclude it can be said that Punjab Rented Premises Act 2009 regulate the
relationship between landlord and tenant Punjab Rented Premises Act provides
mechartism for settlement of disputes in a special manners.
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