H.P Urban Rent Control Act MCQ Quiz in বাংলা - Objective Question with Answer for H.P Urban Rent Control Act - বিনামূল্যে ডাউনলোড করুন [PDF]

The correct answer is Option 2.

Key PointsSection 6 of H.P. Urban Rent Control Act: Increase in fair rent in what cases admissible. -

Save as provided under section 5, when the fair rent of a building or rented land has been fixed under section 4, no further increase in such fair rent shall be permissible except in
cases where some addition, improvement or alteration has been carried out in the building or rented land at the landlord's expense and if the building or rented land is then in the occupation of a tenant, at his request:
Provided that the fair rent as increased under this section shall not exceed the fair rent payable under this Act for a similar building or rented land in the same locality with such addition, improvement or alteration and it shall not be chargeable until such addition, improvement or alteration has been completed.

The correct answer is Option 3.

Key PointsSection 5 of H.P. Urban Rent Control Act: Revision of fair rent in certain cases. -
(l) Save as provided in subsection

(2), when the fair rent of a building or rented land has been fixed under section 4, no further increase or decrease in such fair rent shall be premissible for a period of five years:

Provided that the decrease may be allowed in cases where there is a decrease or diminution in the accommodation or amenities provided.

(2) Notwithstanding anything contained in any law for the time being in force or in any contract, a landlord shall in addition to the increase in rent provided in this Act be entitled to increase the rent of a building or land at the rate of 10 % (per cent) of fair rent Or the agreed rent, as the case may be, after every five years and such increase shall be,-

(a) in a case where such a building or land has been let out for a period of five years or more immediately preceding the commencement of this Act -

(i) first with effect from the date of such commencement ; and

(ii) again with effect from the expiry of the period of every five years from such commencement; and

(b) where such a building or land has been let out before such commencement for a period shorter than five years and the maximum period within which such building or land remains let out extends beyond five years from the date of the commencement of such a tenancy

(i) first with effect form the date of expiry of five years from the commencement of such tenancy ;

(ii) again with effect from the date of expiry of the period of every five years from the date on which revision made under clause 

(i) takes effect.

(3) Any dispute between the landlord and the tenant in regard to any increase or decrease in rent under this section shall be decided by the Controller.

The correct answer is Option 1.

Key Points

• Section 28 of the Act outlines the power to transfer proceedings.
• As per section 28(1), the High Court may, on an application made to it or otherwise by order, transfer any proceeding pending before any appellate authority to another appellate authority and the appellate authority, to whom the proceeding is transferred, may, subject to any special directions in the order of transfer, dispose of the proceeding. 
• As per section 28(2) of the Act, the High Court or appellate authority may on an application made to it or otherwise by order, transfer any proceeding pending before any Controller to
  another Controller within its jurisdiction and the Controller to whom the proceedings is transferred may, subject to any special direction in the order of transfer, dispose of the proceeding. 

The correct answer is Option 3.

Key PointsSection 5 of H.P. Urban Rent Control Act: Revision of fair rent in certain cases. -  
(l) Save as provided in section 4, when the standard rent of a land or rented building has been fixed under section 4, no further increase or decrease in such a standard rent shall be
permissible for a period of three years.
(2) Notwithstanding anything contained in any law for the time being in force or in any contract, a landlord shall, in addition to the increase in rent provided in this Act, be entitled to increase the rent of a building or land at the
rate of ten per cent of the standard rent or the agreed rent, as the case may be, after every three years: 
Provided that such increase shall be in a case where such a building or land has been let out for a period of three years or more immediately preceding the commencement of the Himachal Pradesh Urban Rent Control
(Amendment) Act, 2009 and again with effect from expiry of every three years from such commencement.
(3) The increase in standard rent shall be automatic and if there is any dispute between the landlord and the tenant in regard to any increase or decrease in rent under this section, such dispute shall be decided by the
Controller.

The correct answer is The Controller with the longest tenure in service.

Key Points

• Section 27 of the Act outlines the Institution and disposal of applications.
• Section 27 (1) says where there are two or more Controllers appointed at the same station to exercise jurisdiction under this Act, in the same territory, it shall be the senior-most (in service) of such Controllers who alone shall be competent initially to entertain all applications and proceedings under this Act. 

The correct answer is Option 3

Key PointsSection 4 of H.P. Urban Rent Control Act: Determination of fair rent.-
(1) The Controller shall, on application by the tenant or the landlord of a building or rented land, and after holding such enquiry as he may think fit, fix the fair rent for such a building or rented land.
(2) The fair rent under sub-section (1) shall be
(a) in respect of the building, the construction whereof was completed on or before the 25th day of January, 1971 or in respect of land let out before the said date, the rent prevailing in the locality for similar building or rented land let out to a new tenant during the year 1971 ; and
(b) in respect of the building, the construction whereof is completed after the 25th day of January, 1971 or in respect of land let out after the said date, the rent agreed upon between the landlord and the tenant preceding the date of the application, or where no rent has been agreed upon, the rent shall be determined on the basis of the rent prevailing in the locality for similar building or rented land on the date of application.
(3) Notwithstanding that the fair rent for building or rented land has been fixed under the East Punjab Urban Rent Restriction Act, 1949 (3 of 1949) or under the Himachal Pradesh Urban Rent Control Act, 1971, (23 of 1971), a landlord or tenant of such a building or rented land shall be entitled to get its fair rent fixed under this section.
(4) Notwithstanding anything contained in this Act, the Controller may fix the fair rent on the basis of the compromise arrived at between the parties to the proceedings and such rent shall be binding only on the parties and their heirs.
(5) The fair rent fixed under this section shall be operative from the date on which the application is filed under this section.

The correct answer is Option 2.

Key Points

• Section 25 of the Himachal Pradesh Urban Rent Control Act outlines the Power to summon and enforce attendance of witnesses.
• It says, for the purposes of this Act, an appellate authority or a Controller appointed under this Act shall have the same powers of summoning and enforcing the attendance of
  witnesses and compelling the production of evidence as are vested in a court under the Code of Civil Procedure, 1908 (5 of 1908). 

The correct answer is Option 1.

Key Points Section 4 of H.P. Urban Rent Control Act: Determination of fair rent.-
(1) The Controller shall, on application by the tenant or the landlord of a building or rented land, and after holding such
enquiry as he may think fit, fix the fair rent for such a building or rented land.
(2) The fair rent under sub-section (1) shall be.
(a) in respect of the building, the construction whereof was completed on or before the 25th day of January, 1971 or in respect of land let out before the said date, the rent prevailing in the locality for similar building or rented land let out to a new tenant during the year 1971 ; and
(b) in respect of the building, the construction whereof is completed after the 25th day of January, 1971 or in respect of land let out after the said date, the rent agreed upon between the landlord and the tenant preceding the date of the application, or where no rent has been agreed upon, the rent shall be determined on the basis of the rent prevailing in the locality for similar building or rented land on the date of application.
(3) Notwithstanding that the fair rent for building or rented land has been fixed under the East Punjab Urban Rent Restriction Act, 1949 (3 of 1949) or under the Himachal Pradesh Urban Rent Control Act, 1971, (23 of 1971), a landlord or tenant of such a building or rented land shall be entitled to get its fair rent fixed under this section.
(4) Notwithstanding anything contained in this Act, the Controller may fix the fair rent on the basis of the compromise arrived at between the parties to the proceedings and such rent shall be binding only on the parties and their heirs.
(5) The fair rent fixed under this section shall be operative from the date on which the application is filed under this section.

The correct answer is Option 3.

Key Points Section 4 of H.P. Urban Rent Control Act: Determination of fair rent.-
(1) The Controller shall, on application by the tenant or the landlord of a building or rented land, and after holding such
enquiry as he may think fit, fix the fair rent for such a building or rented land.
(2) The fair rent under sub-section (1) shall be.
(a) in respect of the building, the construction whereof was completed on or before the 25th day of January, 1971 or in respect of land let out before the said date, the rent prevailing in the locality for similar building or rented land let out to a new tenant during the year 1971 ; and
(b) in respect of the building, the construction whereof is completed after the 25th day of January, 1971 or in respect of land let out after the said date, the rent agreed upon between the landlord and the tenant preceding the date of the application, or where no rent has been agreed upon, the rent shall be determined on the basis of the rent prevailing in the locality for similar building or rented land on the date of application.
(3) Notwithstanding that the fair rent for building or rented land has been fixed under the East Punjab Urban Rent Restriction Act, 1949 (3 of 1949) or under the Himachal Pradesh Urban Rent Control Act, 1971, (23 of 1971), a landlord or tenant of such a building or rented land shall be entitled to get its fair rent fixed under this section.
(4) Notwithstanding anything contained in this Act, the Controller may fix the fair rent on the basis of the compromise arrived at between the parties to the proceedings and such rent shall be binding only on the parties and their heirs.
(5) The fair rent fixed under this section shall be operative from the date on which the application is filed under this section.

The correct answer is Option 2.

Key PointsSection 3 of H.P. Urban Rent Control Act:
Exemptions.-
(1) The State Government may direct that all or any of the provisions of this Act shall not apply to any particular building or rented land
or any class of buildings or rented lands.
(2) The provisions of this Act shall not apply to any building or rented land owned by the Government.