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Section 24: Repeal of East Punjab Act 3 of 1949 as applicable to Haryana

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

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Act 1973
Section 23 All 24 Sections of Haryana Urban (Control of Rent and Eviction) Act, 1973

Legal Commentary & Landmark Judgments: Section 24

Section 24 repeals the East Punjab Urban Rent Restriction Act, 1949 in its application to Haryana, enacting a comprehensive savings clause that preserves past actions, notifications, rules, and pending legal proceedings.

  • Express Repeal of Predecessor 1949 Legislation: Formally repeals the East Punjab Urban Rent Restriction Act, 1949 (East Punjab Act 3 of 1949) in its territorial application to the State of Haryana.
  • Comprehensive Savings of Past Actions and Instruments: Enacts a statutory deeming fiction ensuring that anything done, notifications issued, rules framed, orders passed, and appointments made under the 1949 Act continue in full force as if done under the 1973 Act.
  • Protection of Vested Rights and Pending Proceedings: Preserves rights accrued, liabilities incurred, and legal proceedings initiated under the repealed Act, ensuring that pending eviction petitions and fair rent applications continue uninterrupted.
Key Landmark Precedents:
  • State of Punjab v. Mohar Singh, AIR 1955 SC 84: Laid down the classical doctrine on repeal and savings clauses under Section 6 of the General Clauses Act, holding that repeal does not destroy substantive rights or pending proceedings unless an express contrary intention appears in the repealing statute.
  • Gajraj Singh v. State Transport Appellate Tribunal, (1997) 1 SCC 650: Reiterated that a savings clause preserves accrued rights, pending actions, and procedural steps initiated under the repealed legislation, ensuring unbroken continuity in judicial administration.
  • Chaman Lal v. Ram Parkash, 1977 (2) RCR (Rent) 48 (P&H): Held that eviction petitions instituted under the East Punjab Urban Rent Restriction Act, 1949 prior to the enactment of the Haryana Act of 1973 are saved by Section 24 and must be decided in accordance with the law as it stood, preserving substantive vested rights.
Courtroom Practice & Strategic Litigation Guidance:

When dealing with ancient tenancies or pre-1973 rent disputes, examine whether rights crystallized under the East Punjab Urban Rent Restriction Act, 1949. Rely on Section 24 to establish that past fair rent fixations, notifications, or eviction decrees remain fully valid and executable without needing fresh initiation under the 1973 Act.

Section 23 All 24 Sections of Haryana Urban (Control of Rent and Eviction) Act, 1973