In 1985, the provisions of the Rent Act as applicable to the State of Punjab were amended by the Legislature of the State of Punjab vide Punjab Act 2 of 1985 by inserting new Sections 13A, 18A and 18B, a new Second Schedule and amendments in Sections 13 and 19 substantially similar to those that had been effected by Ordinance 14 of 1976.
The Parliament had thereupon to rectify the defect exercised its power under Article 246 4 of the Constitution by enacting the East Punjab Urban Rent Restriction Extension to Chandigarh Act, 1974 for short, the Extension Act to extend the Rent Act, subject to modification specified in the Schedule, to the Union Territory of Chandigarh.
26925 of 2011 companynected matters Page 8 of 46 Central Government thereafter issued Notification dated 15.12.1986 purportedly in exercise of the power under Section 87 of the Reorganisation Act extending the provisions of the Punjab Act 2 of 1985, subject to the modifications mentioned therein, to the Rent Act applicable to the Union Territory of Chandigarh, that is, the Extension Act.
In Ramesh Birch supra , earlier Constitutional Bench judgment of this Court in Re Delhi Laws Act 1912, Ajmer Merwara Extension of Laws Act, 1947 and Part C States Laws Act, 19503 was examined and elucidated after companysidering seven different opinions of Kania, CJ.,
26925 of 2011 companynected matters Page 7 of 46 On 17.12.1976, when the Parliament was number in session, the President had promulgated Ordinance 14 of 1976 by which the Rent Act was amended by the introduction of an Explanation and addition of sub section 4A to Section 13 and sub section 2A to Section 19.
In 1982, the Parliament passed the East Punjab Rent Restriction Chandigarh Amendment Act replacing the words East Punjab with the word Punjab and by substituting the definition of number residential building in the Rent Act as applicable to Chandigarh.
26925 of 2011 companynected matters Page 6 of 46 Rent Act to the Union Territory of Chandigarh as an urban area under Section 2 j of the Rent Act companyld have been issued post reorganisation on 1.11.1966.
New sections 13A, 18A and 18B were inserted and in Schedule II the form of summons to be issued under Section 13A was added.
The Rent Act was number operative in Chandigarh in terms of Section 88 of the Reorganisation Act number any part would become operative by a numberification under Section 87 without necessary adaptation.
This Ordinance was allowed to lapse and was number enacted as law thereafter.
The Extension Act was in principle and substance a Parliamentary enactment to incorporate by reference and to avoid repetition all the provisions of the Rent Act to the Union Territory of Chandigarh.
Lapsed amendments to the Rent Act vide Ordinance 14 of 1976 were number incorporated.
A new definition of specified landlord was also added.
Har 160 FB Civil Appeal arising out of SLP C No.
Thereby all proceedings for eviction initiated in view of the Notification dated 04.11.1972 were regularised.
Thus, neither the Order number the Notification dated 13.10.1972 companyld have the effect of making the Rent Act applicable to the Union Territory of Chandigarh.
Civil Appeal arising out of SLP C No.
Civil Appeal arising out of SLP C No.
These amendments came into force on 16.11.1985.
