 idk ~abha corrigenda to the eiast puuj ab ljrban rel~ t res triction (chandigarh amendment) bill, 1977(to be/as introduced in ldk sabha) page 1, line 8,-! !q£ 'ic andi garh " read 'chandi garh " ') l_ page 5, line 26 ,-:for "on" read "in" 3 page 6, line 9,-:for "posse sion" read "po s se s sion " new delhi; april j 'l 1977 chai tra 11 ,u1899 (saka)  bill no 14 of 1977 the east punjab urban rent restriction (chandigarh amendment) bill, 1977 a billiuf1mt to «mend the ecat ]lun;ob urban rent remiction act 1948 cis in force in the union territorrl· otf ~h bz it enacted by par)tament in the twenty-eighth year of the republic of india as follows:-1 (i) this act may be ealled the east punjab urban rent restric-short hod (cbandfgarh ainendment) act, 19'17 title and , (2) it shall be deemed to have corne into torce on the 17th day of coid-menca tnedt december, 1976 east punjab act iii or 1849 ~ hl section 2 of the east punjab urban rent restriction act, 1949, amend-81m force in the union territory of candigarh (hereinafter refemki to ment of as the principal act), in clause (h), for the worda "the schedule to this section •• 10 aet  , the words and figure "schedule i to this act" shall be substituted s in !eetion 13 of the principal act,-(a) in sub-section (3), the fouowing e~z4mtion aball be inserted at, the end, namely:-'e:!!pl4ft4tion-for the purposes of thfa sub-eectton, "residential building" includes 8 scheduled buildidg'; (b) after sub-section (4), the following 8ub-aection ahall be ill· sel1ed, namely:-ie t4a) ~where a landlord who, having evicted any tenant from a residential or a scheduled building in pursuance of an order made under section 13a,-, (4) does not occupy it, or (b) within a period of three years from the date of luch eviction of the enant, lets out, without obtaining the writtt'n permission of the controller for so doing, the whole or 1u'1 part of such residtultial or scheduled building, to any period 10 other than the tenant evicted from it, the evicted tenant may apply to the controller for an order directing that the possession of such residential of scheduled building or, as the case may be, part thereof, &hall be restored to him and the controller shall make an order accordingly" is 4 after section 13 of the principal act, the following ilection shall be illserted, namely:-"13a (1) where a landlord who, being a person in occupation of any residential builcung allotted to him by the central government or any local authority, is required by, or in pursuance of, any general 20  or sp,t!~ ci)rder made by that government or authority, to vacate ,  ,  i'  ill building, or in default, to incur certain obligations, insertion of new lectign 13a ltijht to recov  imme-, diate ponessian of reaiden tialor scheduled building to accrue to certain penona oji 'the gro~:~t he,owbs,id tlta wnlon territory of ohaildijarh, a resideijtial ora s,eduledbuilding either in his own name or in the name of 'his wife or dependent child, there shall accrue, on and from zs the date of such order, to such landlord, notwithstanding anything contained elsewhere in this act or in any other law for the time being in force or in any contract (whether express or implied), custom or ~ to· the· contrary, a right to recover immediately ~tbe pb8l!l1ii10d of any residedtial'~'scheclu1ad'buildidg let out by 'him: so provided that nothing in tbis aection shall be codbkued as 4ojlferrldg aright 'on a landlord ownin& in the union terr1f09·'ot chandigarh two or more residential or scheduled buildinp, whether in hif own uame of, in the name of 1ws wife or depencieat child; to recover the po8sesawn of more than ode residential or 1chedu1acl 35 building and it shall be lawful for such ludlord to indicate the realdential or scheduled building possession of which he intends to recover: provided further that where any residential or scheduled buj1d ing corit~ jl101'e than ode residential unit, nothing in this section ~ 1tfial1' be  eonstrued as' conferring a right on the landlord to recover ' possesion of more than such dttmber of residential unit· :re  suftlclent' 1orhis own use and occupation, and for this' putpoie it shall be lawful for the landlord to ind'icate the residential unit or units, the possession of which he intends to recover ' ' 4$ (i) notwithstanding anything contained elsewhere in this act or in any ether law for the time being in force or m any contract, ,custom or  to b contrary where'the ),ndjgi'd, 'exerciaes the rilbt of recovery codferred odiumby' tub eatiod (1), do coidpenatlon shad be, payable by him to the ten8llt or anyperson claiming tbnnlgh or under him and no claim for such compensation shall be entertaided by any court, tribunal or other authority: 'provided that where the lancllordhad received,-(4) any rent in advance from the tenant, he shall within - period of ninety days from the date of recovery of possession of the residential or scheduled building by him, refund to the tenant such amount as represents the rent payable for the unexpired portion of the contract, agreement or lease; 10 i,' (b) any other payment, he shall, within the period 'aforesaid, refund to the tenant a sum which shall bear the same proportihn to the total amount so received, as the unexpired portion of the contract or agreement or lease bears to the total period of contract or agrec>ment or lease: provided further that, if any default is made in making anr refund as aforesaid, the landlord shall be liable to pay' simple interest at the rate of six per cent per annum on the amount, which he lias omitted or failed to refund" 5 after section 18 of the principal act, the following sections shall be 20 inserted, namely:-insertion of n'ew section!' 1ba and 18b ai8a section 18b or' any rule made thereunder shall ha\1e 'efrtoet ll,otwfthstandjng anything inconsistent therewith contained elsewhere in ws act or in any other law for the time being in force ~tion l8b to have overriding eft'ecl lab (1) every application by a landlord for the recovery of as  posseasion of any residential or acheduled· building oil the ground speclfted in section 13a shall be dealt with in accordance with the pi'oeedure specifted in this section (2) the controller shall issue summons, in relation to every application referred to in sub-section (1), in thefonnspecifled in 30  schedule ii to this act special proce_ dure for dispolkd of applications for eviction on the ground of bona fide requirement  (3) (4) the controller shalt, in addition to, and sbnujtaneousl~' with, the issue of rummons for service on the tenant, also direct the summons to be served by registered post, acknowledgment due, 3' - addressed to the tenant or his agent empowered to accept the seorvice at the place where the tenant or his agent actuallv and voluntarily tesjdes or carries on business or personally works for gafn and may, if the circumstances of the case so require, also direct the publfcatfon of the summons in a newspaper circulating in the locality in which tle tenlu'lt is last known to have resided or carried od busin~s or personally worked for gain (b) when an acknowledgment purporting to be signed by the tenant or his agent is received by the controller or the registered article containing the summons is received back with an endorsemerit purporting to have been made by a postal employee to the 45 dfect that the tenant or his agent had refused to take delivery of the regtstered article, the controller may declare that there hu been '" 8 valid service of summons (4) the tenant od whom the summons is duly served (whether in the ordinary way or by registered post) in the form specified in schedule n to tlus act sball not contest the prayer for eviction from the residential or scheduled building unless he files an affidavit stat-ing the grounds on which he seeks to contest the application for s eviction and obtains leave from the controller as hereinafter provided; and in default of his appearance in pursuance of the summons or his obtaining such leave, the statement made by the landlord in the application for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction 10 on the ground aforesaid (5) the controller shall give to the tenant leave to contest the application if the affidavit filed by the tenant discloses such facts u would disentitle the landlord from obtaining an order for the recovery of possession of the residential or scheduled building on the ground 15 specified in section 13a (6) where leave is granted to' the tenant to contest the application, the controller shall commence the hearing of the application as early as practicable (1) notwithstanding anything contained in this act, the con-~o troller shall while holding an inquiry in a proceeding to which this section appues, follow the practice and procedure of a com of small causes including the recording of evidence (8) no appeal or second appeal shall lie against an order tor the recovery of possession of any residential or scheduled building made a5 by the controller in accordance with the procedure specified in thll aectlon: provided that the high court may, for the purpose of sattsfytng itself that an order made by the controller under this sectlon is accordtug to law, call for the records of the case and pass such order 30 in respect thereto as it thinks fit (9) where no application has been made to the high court for revision, the controller may exercise the powers of review in aceord &dee with the provisions of order xlvii of the first schedule to the code of civil procedure, 1908 35 50t 1908 (10) save as otherwise provided in this section, the procedure for the disposal of an application for eviction on the ground speclfted in section 13a shall be the same as the procedure for the dispoaal of appucations by controllers" 8 in section 19 of the principal act after sub-section (2), the follow 40 jng sub-sectton shall be inserted, namely:-amend mentor seetlod 19 it (2a) a landlord who, having evicted a tenant from a residential or a scheduled building in pursuance of an order made under section 13a, does not occupy it or lets it out in contravention of the provisions of sull-section (4a) of section 13, shall be punishable with 45  imprisonment for a t~rm which play extend to two years and wtth fide" 'r the existing schedule to the principal act shall be numbered 88 schedule i thereof and, after the schedule as so numbered, the following schedule shall be added, namely:-addition of schedule ii  "schedule ii [see section 1sb]1"orm 01' sl1kmoks in a case where recovery of possession 01' usmential or schedt1led bljiu)ing is pm ted for on the ground specified in section 13a of the east punjab urban rfnt restbiction act, 1949 as in forcb in the union territory of cwndigarh 10 to [name, description and place of residence of the ~nant] whereas o8hri has file:! an application (8 copy of which isannexed) ·for your eviction from (here insert the pardculai'r of the residential or scheduled building) on the ground specifled in section 13a of the east punjab urban rent restriction acto 1949, as in force in the union territory of chandigarh; you are hereby summoned to appear before the controller within ftfteen days of the service hereof and to obtain the leave of the cojttroller to contest the application for eviction on the ground aforesaid; in default whereof, the applicant will be entitled at any time after the expiry o£ the said period of fifteen days to obtain an order' f(no your eviction from the said residential or scheduled building lea,- to appear and contest the application may be obtained on an application to the controller supported by an affidavit as is referred to on sub-~ection (5) of section 18b of the said act gived under my hand and seal this day o~ 19 controller 8 (1) 'ihe east punjab urban rent restriction (chandigarh amend-repeal 1 of 1m 30 ment) ordinance, 1976 is hereby repealed and saving (2) notwithstanding such repeal, anything done or any action taken under the principal act, as amended by the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of the principal act as amended by this act  statement of objects and reasonsin accordance with a recent decision of the central government, persons' owning houses in chandigarh were required to vacate, by the 20th january, 19'17, government- accommodation allotted to them, failing which they were required to pay rent at an enhanced rate in order to avoid hardship to such persons, it was considered necessary to amend the east punjab urban rent restriction act, 1949, as in force in the union territory of chandigarh, to give such persons the right to recover possesion o~ their own houses immediately through a special procedure 2 under the aforesaid act, residential buildings ·used by lawyers, architects, dentists, engineers, veterinary surgeons or medical practitioners for residential-cum-business purposes are categorised as "scheduled buildings" the tenants of such buildings are protected from ·evlction even if the landlord requires it for boncl fide personal use thii anomalous position was creatin~ hardship to landlords it was, therefore, considered necessary to amend the act so that the landlord of a seheduled building becomes entitled to recover such building for bom ~ pehsonaj use since parliament was not in session and was a180 not ukely to eome into -on before 20th january, 1977, the af~d amendinents 'were made by an ordinance promulgated by' the pres1dent on 17th december, 1976 3 this :elm seeks to replace the ordinance new di:lhi; charan singh the 31st mclrch, 1977  annexureex'l'bact from the east punjab urban rent restriction act, 1949 (east punjab a£t no iii of 1949) - - - - 2 in this act, unless there is anything repugnant in the subject or deft context,-- nitjona - - - - (h) "scheduled building" means a residential buildlng which :is being used by a person engaged in one or more of the professions specified in the schedule to this act, partly for hja business and partly for his residence; - - - -  a billfll:rthef> to amend the east punjab urban rent restriction act, 1949, cii in force in the union territory 0/ chamligarh (shri charan singh, minister of h011ie affair,) 