Under the enacted text of the Himachal Pradesh Urban Rent Control Act, 1987, the Controller has fixed…
The proviso to section 7 declares agreements for a prohibited sum in addition to rent or for rent above standard rent null and void. The main clause separately permits up to…
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Under the enacted text of the Himachal Pradesh Urban Rent Control Act, 1987, the Controller has fixed standard rent under section 4. What does the proviso to section 7 say about an agreement to pay a premium in addition to rent or to pay rent above the standard rent?
Answer and explanation
Correct answer D
The proviso to section 7 declares agreements for a prohibited sum in addition to rent or for rent above standard rent null and void. The main clause separately permits up to three months’ rent in advance in a lump sum. The High Court struck down the section 4 procedure and related provisions to the extent stated in its 2016 judgment. The Supreme Court stayed that judgment on 18 February 2019.
Option feedback
Option A
The proviso declares agreements for these prohibited payments void.
Option B
The limit for advance rent concerns a separate statutory allowance.
Option C
The statute fixes the legal consequence of agreements for these prohibited payments.
Option D
The proviso expressly declares both types of prohibited agreement null and void.
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Himachal Pradesh Judicial Services