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Section 23: Repeal and savings

Haryana Urban (Control of Rent and Eviction) Act, 1973 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1973
Section 22 All 24 Sections of Haryana Urban (Control of Rent and Eviction) Act, 1973 Section 24

Legal Commentary & Landmark Judgments: Section 23

Section 23 empowers the State Government to frame rules by official notification to carry out the purposes of the Act, providing the statutory foundation for procedural regulations including the Haryana Urban (Control of Rent and Eviction) Rules, 1976.

  • Delegated Subordinate Legislative Power: Empowers the State Government to formulate procedural and operational rules by official gazette notification to implement the statutory objectives of rent control and eviction regulation.
  • Prescription of Forms, Notices, and Timelines: Authorizes rules governing application formats, manner of notice service, modes of rent deposit under Section 6-A, particulars disclosure, and execution procedures.
  • Subordination to Substantive Enactment: Confines rule-making power strictly within the four corners of the parent Act, precluding rules that contradict, alter, or expand substantive statutory rights and liabilities.
Key Landmark Precedents:
  • State of U.P. v. Babu Ram Upadhya, AIR 1961 SC 751: Established that statutory rules framed under an enabling section become an integral part of the enactment and carry the force of law, but must be interpreted in harmony with the parent statute.
  • Hukam Chand v. Union of India, (1972) 2 SCC 601: Affirmed that delegated legislation cannot operate retrospectively or alter substantive rights unless the parent statute expressly confers retrospective rule-making authority.
  • Kedar Nath v. State of Haryana, 1980 (2) RCR (Rent) 115 (P&H): Held that the Haryana Urban (Control of Rent and Eviction) Rules, 1976 are subordinate procedural regulations; any rule that conflicts with or restricts substantive statutory rights conferred by Sections 4, 12, or 13 is ultra vires.
Courtroom Practice & Strategic Litigation Guidance:

When procedural disputes arise—such as the mode of serving summons on an elusive tenant or filing a rent deposit application—consult the Haryana Urban (Control of Rent and Eviction) Rules, 1976 framed under Section 23. If the opposite party relies on a rule that abridges a substantive statutory right or imposes unauthorized preconditions on an eviction or repair claim, challenge the rule as ultra vires the parent Act under Article 226.

Section 22 All 24 Sections of Haryana Urban (Control of Rent and Eviction) Act, 1973 Section 24