Problematics of urbanization and landlord tenant relations in Punjab a critique of the Rent Act

Abstract

A doctrinal and empirical study has been attempted in present work to analyse the relevance of rent control laws, prevailing since 1940s, in the contemporary period. In the light of historical perspective, a critical analysis has been made of the provisions of the East Punjab Urban Rent Restriction Act, 1949. It emerged that much water had flown in the Ganges during these seven decades. It was established that the existing rent control law has become outdated and counterproductive and requires revolutionary overhauling to cater the needs of changing scenario of society and to boost the urbanization process. The Punjab Rent Act, 1995 has also come into force since 2013 to regulate new tenancies but the same has also lost its relevance in last twenty-five years. Therefore, it is high time to bring a new legislation. The consolidation of complete law of lessor-lessee should be but under one umbrella to end the chaotic situation which is created by multiple statutes dealing with tenancy matters in the State of Punjab. The new legislation should provide a regulatory legal framework. The role of such law should be to fill up the gaps in contractual tenancy and to put a mandatory summary procedure in place for disposal of tenancy disputes. The conciliation and arbitration processes being easily accessible, simple, speedy and inexpensive, should be adopted as alternative disputes resolution methods to resolve the tenancy disputes. The Model Tenancy Act, 2021, circulated by Government of India, could be a good base for such new legislations. By incorporating the proposals for reforms made in this work. Such effect could prove to be a genuine welfare legislation contributing to peace and harmony in the society. newline