H.P Urban Rent Control Act MCQ Quiz - Objective Question with Answer for H.P Urban Rent Control Act - Download Free PDF

The correct answer is Rs. 500/-

Key Points

•  Section 33 of the Act deals with the power to make rules.
• It says-
• (l) The State Government may, by notification, make rules for tile purposes of carrying out all or any of the provisions of this Act.
  (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session, for a total period of not less than fourteen days which may be comprised in one session or in two Or more successive sessions, and if, before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
• (3) In making any rule the Government may provide that a breach thereof shall be punishable with fine which may extend to Rs. 500/- and when the breach is a continuing one with further fine which may extend to Rs. 1000/- 

The correct answer is Section 18

Key Points 

The correct answer is Section 17.

Key Points

• Section 17 deals with the recovery of possession in case of tenancies for Limited period.
• It says, where a landlord does not require the whole or any part of any premises for a particular period, and the landlord, after obtaining the permission of the Controller in the prescribed manner, lets the whole of the premises or part thereof as residence for such period as may be agreed to in writing between the landlord and the tenant and the tenant does not, on the expiry of the said period, vacate such premises, then, notwithstanding anything contained in section 14 or in an other law, the Controller may, on any application made to him in this behalf the landlord within such time as may be prescribed, place the landlord in vacant possession of the premises or part thereof by evicting the tenant and every other person who may be in occupation of such premises. 

The correct answer is Option 2.

Key Points

• Section 15(3) of the Act stipulates that when a landlord exercises the right of recovery of possession, no compensation is payable to the tenant, and no court or authority can entertain claims for compensation.
• However, if the landlord has received rent in advance or other payments from the tenant, the landlord must refund the amount that corresponds to the un-expired portion of the contract, lease, or agreement.
  • (a) Rent paid in advance must be refunded within 90 days from the recovery of possession.
  • (b) Any other payment must also be refunded in proportion to the un-expired portion of the contract.
• If the landlord fails to make the refund within the prescribed time, they are liable to pay simple interest at a rate of 9% per annum.
• This ensures that tenants are compensated for the un-expired portion of their tenancy or lease after the landlord recovers possession. 

The correct answer is Option 3.

Key Points

• Section 15(2) of the Himachal Pradesh Urban Rent Control Act provides the right for a specified landlord to recover possession of a residential building for personal occupation, under specific conditions:
  • The landlord must apply within one year before or after retirement.
  • The application must include a certificate from the authority indicating the retirement date and an affidavit stating that neither the landlord nor their spouse owns suitable accommodation in the area.
• The section ensures that the specified landlord, or their spouse, does not own another suitable residence in the area where they intend to live or start a business. If the landlord dies, their dependents (such as the widow or children) are eligible to apply for possession under the same conditions. 

The correct answer is Option 3.

Key Points

 1. Short title extent and commencement.-

(1) This Act may be called the Himachal Pradesh Urban Rent Control Act, 1987.

(2) It extends to all urban areas in the State of Himachal Pradesh.

(3) This Act shall and shall be deemed to have come into force on the 17th day of November, 1971, but –

(i) provisions contained in clauses(h) and (i) of sections 2; section 4; section 5; sub-section (2) of section 15; section 17 ; sub-section (3) of section 30; section 34 and Schedule-I of this Act shall be deemed to have come into force on the appointed day ;

(ii) provisions contained in clause (d) of section 2; sub-sections (1) and (3) of section 15; section 16; section 27; section 28 and Schedule-II of this Act shall and shall be deemed to have come into force from the day on which the corresponding provisions were inserted in clause (d) of section 2; section 14-A; section 14-B; section 23-A and section 23- B of the Himachal Pradesh Urban Rent Control Act, 1971 (23 of 1971):

(iii) provisions contained in section 4 and section 29 of the Himachal Pradesh Urban Rent Control Act, 1971 (23 of 1971), shall be deemed to have remained in force during the period reckoned from the day on which these were substituted or inserted, as the case may be in the said Act, till the appointed day; and

(iv) provisions contained in section 35 shall come in to force at once. 

The correct answer is option 3.

Key Points 

Explanation:

The correct answer is Rs. 500/-

Key Points

•  Section 33 of the Act deals with the power to make rules.
• It says-
• (l) The State Government may, by notification, make rules for tile purposes of carrying out all or any of the provisions of this Act.
  (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session, for a total period of not less than fourteen days which may be comprised in one session or in two Or more successive sessions, and if, before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
• (3) In making any rule the Government may provide that a breach thereof shall be punishable with fine which may extend to Rs. 500/- and when the breach is a continuing one with further fine which may extend to Rs. 1000/- 

The correct answer is Section 18

Key Points 

The correct answer is Section 17.

Key Points

• Section 17 deals with the recovery of possession in case of tenancies for Limited period.
• It says, where a landlord does not require the whole or any part of any premises for a particular period, and the landlord, after obtaining the permission of the Controller in the prescribed manner, lets the whole of the premises or part thereof as residence for such period as may be agreed to in writing between the landlord and the tenant and the tenant does not, on the expiry of the said period, vacate such premises, then, notwithstanding anything contained in section 14 or in an other law, the Controller may, on any application made to him in this behalf the landlord within such time as may be prescribed, place the landlord in vacant possession of the premises or part thereof by evicting the tenant and every other person who may be in occupation of such premises. 

The correct answer is Option 2.

Key Points

• Section 15(3) of the Act stipulates that when a landlord exercises the right of recovery of possession, no compensation is payable to the tenant, and no court or authority can entertain claims for compensation.
• However, if the landlord has received rent in advance or other payments from the tenant, the landlord must refund the amount that corresponds to the un-expired portion of the contract, lease, or agreement.
  • (a) Rent paid in advance must be refunded within 90 days from the recovery of possession.
  • (b) Any other payment must also be refunded in proportion to the un-expired portion of the contract.
• If the landlord fails to make the refund within the prescribed time, they are liable to pay simple interest at a rate of 9% per annum.
• This ensures that tenants are compensated for the un-expired portion of their tenancy or lease after the landlord recovers possession. 

The correct answer is Option 3.

Key Points

• Section 15(2) of the Himachal Pradesh Urban Rent Control Act provides the right for a specified landlord to recover possession of a residential building for personal occupation, under specific conditions:
  • The landlord must apply within one year before or after retirement.
  • The application must include a certificate from the authority indicating the retirement date and an affidavit stating that neither the landlord nor their spouse owns suitable accommodation in the area.
• The section ensures that the specified landlord, or their spouse, does not own another suitable residence in the area where they intend to live or start a business. If the landlord dies, their dependents (such as the widow or children) are eligible to apply for possession under the same conditions. 

The correct answer is Option 2

Key Points

• Section 15(1) of the Act says, the right to recover immediate possession of premises applies to individuals who have been allotted residential accommodation by the Central Government, State Government, or a local authority, and are required to vacate such premises due to ownership of residential accommodation in the urban area by them, their spouse, or dependent child.
• The provision gives this right despite any agreements, customs, or laws to the contrary. However, if the individual or their family owns two or more dwelling houses in the urban area, the person can only recover possession of one dwelling house.
• This ensures that the person can recover possession of their rented property if they are required to vacate government-allotted accommodation due to ownership elsewhere.

The correct answer is Option 2.

Key Points

• Section 33(1): The State Government has the power to make rules to implement the provisions of the Act.'
• Section 33(2): Every rule made must be laid before the Legislative Assembly for a minimum of fourteen days. During this period, the Assembly can either:
  • Approve the rule,
  • Modify it, or
  • Decide that the rule should not be made at all.
• Section 33(3): The Government may also impose fines for breaches of these rules, including a Rs. 500 fine and a Rs.1000 fine for continuing breaches. 

The correct answer is Within three months from the date of the offence.

Key Points

• As per section 30(5) of the Himachal Pradesh Urban Rent Control Act, no court shall take cognizance of an offence punishable under this Act, unless the complaint in respect of the offence has been made within three months from the date of the commission of the offence. 
• The time limit ensures that offences are reported and prosecuted in a timely manner, promoting efficient justice.
• The provision creates clarity and reduces the chance of indefinite delay in legal proceedings.