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UTTAR PRADESH URBAN BUILDINGS REGULATION OF LETTING, RENT AND EVICTION ACT, 1972
(1) This Act may be called the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall apply to--
(a) every city as defined in the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959 (U.P. Act II of 1959);
(b) every municipality as defined in the United Provinces Municipalities Act, 1916 (U.P. Act II of 1916);
(c) every notified area constituted under the United Provinces Municipalities Act, 1916 (U.P. Act II of 1916); and
(d) every town areas constituted under the United Provinces Town Areas Act, 1914 (U.P. Act II of 1914):
Provided
(1) Nothing in this Act shall apply to 1 Subs, by U.P. Act 37 of 1972 with retrospective effect. [the following namely],
[(a) any building of which the Government or a local authority or a public sector corporation,4 Subs, by U.P. Act 28 of 1976. [or a Cantonment Board] is the landlord; or]
(b) any building belonging to or vested in a recognised educational institution, [* * *]5 Ins. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). ; or
6 Subs, by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). (bb) any building belonging to or vested in a public charitable or public religious institution;
(bbb) any building belonging to or vested in a waqf including a waqf-alal-aulad;]
(c) any building used or intended to be used as
(1) Notwithstanding anything contained in this Act, a person occupying a building as owner or as tenant or in any other capacity (hereinafter in this section referred to as licensor) may permit any other person (hereinafter in this section referred to as licensee) to occupy for purely temporary residential accommodation for a period not exceeding three months without any order of allotment under S.16 :
Provided that intimation of the grant of such licence shall be given jointly by the licensor and the licensee to the District Magistrate within one month from the date of occupation of the building or part by the licensee;
Provided further that the District Magistrate may, by order, extend the maximum period of such temporary occupation up to 6 months in the aggregate (including the original period of occupation);
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(1) The State Government may, by a notified order, constitute one or more Tribunals (to be called Rent Control Tribunals) in each district, and may likewise cancel or amend such order.
(2) Where a Tribunal has been constituted in a district under sub-section (1), the State Government may, by a notified order, confer all or any of the powers of the District Magistrate or the prescribed authority under this Act on such Tribunal, and thereupon, such Tribunal shall, notwithstanding anything contained in any other provision of this Act, be deemed to be the District Magistrate or the prescribed authority, as the case may be, for the purposes of this Act, and all cases pending with the District Magistrate or with the prescribed authority, as the case may be, immediately before the constitution of such Tribunal shall stand transferred to the Tribunal, and any further proceedings before the
In this Act, unless the context otherwise requires--
(a) "tenant", in relation to a building, means a person by whom its rent is payable, and on the tenants death--with retrospective effect. [(1) in the case of a residential building, such only of his heirs as normally resided with him in the building at the time of his death;
(2) in the case of a non-residential building, his heirs];
[Explanation.- An occupant of a room in a hotel or a lodging house shall not be deemed to be a tenant];
(b) "house tax" means the tax mentioned in S.128 (1)(i) of the United Provinces Municipalities Act, 1916 (U.P. Act II of 1916), or S.173(1)(a) of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959 (U.P. Act II of 1959), or as the case may be, S.14(1)(e) of the Unit
Section 3 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, provides crucial definitions that underpin the statutory framework for regulating tenancy, eviction, and related rights in urban areas of Uttar Pradesh. It sets out key terms such as "family," "tenant," and others, which are essential for interpreting and applying the Act's provisions.
Section 3 primarily defines important terms used in the Act:- Section 3(g): Family – An inclusive definition that includes a female having a legal right of residence.- Section 3(a): Tenant – A person by whom rent is payable in relation to a building.- The section also includes provisions related to inheritance, joint tenancy, and devolution of tenancy rights.
In summary, Section 3 of the Uttar Pradesh Urban Buildings Act, 1972, plays a pivotal role in defining key terms that influence the rights of tenants, heirs, and family members, especially females. Its inclusive approach to "family" and clear delineation of "tenant" rights underpin the legal framework for eviction, inheritance, and tenancy disputes, ensuring protections aligned with constitutional principles and legal jurisprudence.
(1) No landlord shall take or receive for admitting a tenant to any building any premium or additional payment over and above the rent payable therefor, nor shall a tenant take or receive any premium for admitting a sub-tenant or any other person.
(2) Except as provided in S.5, S.6,S.7, 1 Subs. by U.P. Act 17 of 1985 (w.e.f. 18-5-1983).[S.8, S.9A and S.10], the rent payable for any building shall be such as may be agreed upon between the landlord and the tenant, and in the absence of any agreement, the standard rent.
In the case of a tenancy continuing from before the commencement of this Act, in respect of a building to which the old Act was applicable, the landlord may, by notice in writing, given within three months from the commencement of this Act, enhance the rent payable therefor to an amount not exceeding the standard rent, and the rent so enhanced shall be payable from the commencement of this Act.
Notwithstanding anything contained in S.4 or S.5, but subject to the provisions of S.8, where the landlord had, after the commencement of this Act, either with the consent of the tenant or in pursuance of any requirement of law, made any improvement in a building, he may by notice in writing to the tenant, given within three months from the date of completion of the improvement, enhance the monthly rent of the building by an amount not exceeding one per cent of the actual cost of such improvement, with effect from the said date, and thereupon the standard rent of that building shall stand enhanced accordingly.
Subject to any contract in writing to the contrary, but notwithstanding anything contained1in S.149 of the Uttar Pradesh Municipalities Act, 1916], the tenant shall be liable to pay to the landlord in addition to and as part of the rent, the following taxes or proportionate part thereof, if any, payable in respect of the building or part under his tenancy, namely,--
(a) the water tax;
(b) twenty-five per cent of every such enhancement in house tax made after the commencement of this Act, or such portion thereof, as is not accrued on account of the increase in the assessment of the building as a result of the enhancement of rent under the provisions of S.5:
Provided that nothing in this section shall apply in relation to a tenant the rate of rent payable by whom for the time being (excluding
(1) Where a dispute arises with regard to the amount of the standard rent or to the amount of enhancement in rent permissible under S.5 or S.6 or to the date with effect from which such enhancement shall take effect, or to the amount of taxes payable by tenant under S.7, or to the amount of proportionate rent payable by the tenant after a part of the building or any land appurtenant thereto is released under S.16 or S.21, or to the amount of rent payable by the original tenant for the new building allotted to him under subsection (2) of S.24, the District Magistrate shall, on an application being made in that behalf, by order [determine such dispute].
(2) Where the assessment of a building occupied by a tenant is lower than the agreed rent payable therefor, the District Magistrate, on an application of the tenant or of his own motion, may, after giving to the landlord an opportunit
(1) In the case of a building to which the old Act was applicable and which is let out at the time of the commencement of this Act in respect of which there is neither any reasonable annual rent nor any agreed rent or in any other case where there is neither any agreed rent nor any assessment in force, the District Magistrate shall, on an application being made in that behalf, determine the standard rent.
(2) In determining the standard rent the District Magistrate may consider--
(a) the respective market-value of the building and of its site immediately before the date of commencement of this Act or the date of letting, whichever is later (hereinafter in this Section referred to as the said date);
(b) the cost of construction, maintenance and repairs of the building;
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(1) Where any building belonging to a public charitable or public religious institution has been let out to a tenant for the purposes of a shop or commercial establishment, then notwithstanding anything contained in this Chapter, or in any contract or lease, the landlord of such building may apply to the District Magistrate for revision of the monthly rent payable therefor, and such rent shall be revised to a sum equivalent to one-twelfth of ten per centum of the market value of the building under tenancy:
Provided that the rent revised under this sub-section shall not exceed double the rent payable on the date of the application by the landlord under this subsection.
(2) The rent revised under sub-section (1) shall be payable by the tenant from the commencement of the month of tenancy next following the date of the application.
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(1) Any person aggrieved by an order of the District Magistrate under S.8 or Section 91 Ins. by ibid.[or S.9A] may, within thirty days from the date of the order, prefer an appeal against it to the District Judge, and the District Judge may either dispose it of himself or assign it for disposal to an Additional District Judge under his administrative control, and may recall it from any such officer, or transfer it to any other such officer.
(2) The appellate authority may confirm, vary or rescind the order, or remand the case to the District Magistrate for rehearing, and may also take any additional evidence, and pending its decision, stay the operation of the order under appeal on such terms, if any, as it thinks fit.
(3) No further appeal or revision shall lie against any order passed by the appellate authority under this section, and
Save as hereinafter provided, no person shall let any buildings except in pursuance of an allotment order issued under S.16.
(1) A landlord or tenant of a building shall be deemed to have ceased to occupy the building or a part thereof if--
(a) he has substantially removed his effects therefrom, or
(b) he has allowed it to be occupied by any person who is not a member of his family, or
(c) in the case of a residential building, he as well as members of his family have taken up residence, not being temporary residence, elsewhere.
(2) In the case of non-residential building, where a tenant carrying on business in the building admits a person who is not a member of his family as a partner or a new partner, as the case may be, the tenant shall be deemed to have ceased to occupy the building.
(3) In the case of a residential build
Where a landlord or tenant ceases to occupy a building or part thereof, no person shall occupy it in any capacity on his behalf, or otherwise than under an order of allotment or release under S.16, and if a person so purports to occupy it, he shall, without prejudice to the provisions of S.31, be deemed to be an unauthorised occupant of such building or part.
[Notwithstanding anything contained in this Act or any other law for the time being in force, any licensee (within the meaning of S.2A) or a tenant in occupation of a building with the consent of the landlord immediately before the commencement of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) (Amendment) Act, 1976, not being a person against whom any suit or proceeding for eviction is pending before any Court or authority on the date of such commencement shall be deemed to be an authorised licensee or tenant of such building.]
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1 Subs. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976).
(1) Every landlord shall, on a building falling vacant by his ceasing to occupy it or by the tenant vacating it or by release from requisition or in any other manner whatsoever, give notice of the vacancy in writing to the District Magistrate not later than seven days after the occurrence of such vacancy, and such notice may at the opinion of the landlord be given before the occurrence of the vacancy.
(2) Every tenant so vacating a building shall give notice thereof in writing to the District Magistrate and also to the landlord not less than fifteen days before the vacancy.
(3) The notice under sub-section (1) or sub-section (2) shall contain such particulars as may be prescribed.
(4) The District Magistrate, on being satisfied on an application made to him in that behalf that there was suffic
(1) Subject to the provisions of the Act, the District Magistrate may, by order--
(a) require the landlord to let any building which is or has fallen vacant or is about to fall vacant, or a part of such building but not appurtenant land alone, to any person specified in the order (to be called an allotment order); or
(b) release the whole or any part of such building, or any land appurtenant thereto, in favour of the landlord (to be called a release order):
[Provided that in the case of a vacancy referred to in sub-section (4) of S.12, the District Magistrate shall give an opportunity to the landlord or the tenant, as the case may be, of showing that the said section is not attracted to his case before making an order under clause (a).]
(2) No rel
(1) Where the District Magistrate receives an intimation, under sub-section (1) of S.15, of the vacancy or expected vacancy of a building, any allotment order in respect of that building shall be made and communicated to the landlord within twenty-one days from the date of receipt of such intimation, and where no such order is so made or communicated within the said period, the landlord may intimate to the District Magistrate the name of a person of his choice, and thereupon the District Magistrate shall allot the building in favour of the person so nominated unless for special and adequate reason to be recorded he allots it to any other person within ten days from the receipt of intimation of such nomination:
Provided that where the landlord has made an application under clause (b) of sub-section (1) of S.16, for the release of the whole or any part of the building or land appurt
[(1) No appeal shall lie from any order under S.16 or S.19, whether made before or after the commencement of this section, by any person aggrieved by a final order under any of the said sections may, within fifteen days from the date of such order, prefer a revision to the District Judge on any one or more of the following grounds, namely:--
(a) that the District Magistrate has exercised a jurisdiction not vested in him by law;
(b) that the District Magistrate has failed to exercise jurisdiction vested in him by law;
(c) that the District Magistrate acted in the exercise of his jurisdiction illegally or with material irregularity.
(2) The revising authority may confirm or rescind the final order made under sub-section (1) or may remand the case to
Where a building or part thereof is released in favour of the landlord under S.16, or on 1 Subs. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976).[revision under S.18], on the ground that it was required by the landlord for occupation by himself or any member of his family or any person for whose benefit it was held by him, or for the objects of the trust of which he was trustee, or on the ground that it was required for purposes of demolition and new construction, and the landlord either puts or causes to be put into occupation any person different from the person for whose occupation, according to the landlords representation, it was required, or permits any such person to occupy it, or otherwise puts it to any use other than the one for which it was released or, as the case may be, omits to occupy it within one month or such extended period as the District Magistrate may for sufficient cause allow from the date of his obtaining po
(1) Save as provided in sub-section (2), no suit shall be instituted for the eviction of a tenant from a building, notwithstanding the determination of his tenancy by efflux of time or on the expiration of a notice to quit or in any other manner:
Provided that nothing in this sub-section shall bar a suit for the eviction of a tenant on the determination of his tenancy by efflux of time where the tenancy for a fixed term was entered into by or in pursuance of a compromise or adjustment arrived at with reference to a suit, appeal, revision or execution proceeding, which is either recorded in Court or otherwise reduced to writing and signed by the tenant.
(2) A suit for the eviction of a tenant from a building after the determination of his tenancy may be instituted on one or more of the following grounds, namely:
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(1) The prescribed authority may, on an application of the landlord in that behalf, order the eviction of a tenant from the building under tenancy or any specified part thereof if it is satisfied that any of the following grounds exists namely,--
(a) that the building is bona fide required either in its existing form or after demolition and new construction by the landlord for occupation by himself or any member of his family, or any person for whose benefit it is held of him, either for residential purposes or for purposes of any profession, trade or calling, or where the landlord is the trustee of a public charitable trust, for the objects of the trust;
Provided that where the building was in the occupation of a tenant since before its purchase by the landlord, such purchase being made after the commencement of this Act, no applicatio
Any person aggrieved by an order under S.21 or S.24 may, within thirty days from the date of the order, prefer an appeal against it to the District Judge, and in other respects, the provisions of [S.10] shall mutatis mutandis apply in relation to such appeal.
(1) The prescribed authority may use or cause to be used such force as may be necessary for evicting any tenant against whom an order is made under S.21 or an appeal under S.22, as the case may be, or against any other person found in actual occupation, and for putting the landlord into possession. (2) Every order of the prescribed authority in proceedings under this section shall be final.
(1) Where a building is released in favour of the landlord and the tenant is evicted under S.21 or on appeal under S.22, and the landlord either puts or causes to be put into occupation thereof any person different from the person for whose occupation according to the landlords representation, the building was required, or permits any such person to occupy it, or otherwise puts it to any use other than the one for which it was released, or as the case may be, omits to occupy it within one month of such extended period as the prescribed authority may for sufficient cause allow from the date of his obtaining possession or, in the case a building which was proposed to be occupied after some construction or reconstruction, from the date of completion thereof, or in the case of a building which was proposed to be demolished, omits to demolish it within two months or such extended period as the prescribed authority may for sufficie
The provisions of this Chapter or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained elsewhere in this Act or in any other law for the time being in force or in any contract (whether express or implied), custom or usage to the contrary.
(1) Where a landlord who, being a person in occupation of any residential public building is required by, or in pursuance of, any general or special order made by the Government or other authority concerned, to vacate such building, or in default, to incur certain obligations, on the ground that he owns, in the same city, municipality, notified area or town area, a residential building either in his own name or in the name of any member of his family, there shall accrue, on and from the date of such order, to such landlord, a right to recover immediately possession of any building let out by him:
Provided that nothing in this section shall be construed as conferring a right on a landlord owning, in the same city, municipality, notified area or town area, two or more dwelling houses, whether in his own name or in the name of any member of his family, to recover the possession of mo
(1) Every application by a landlord for the recovery of possession of any building on the ground specified in S.24-B shall be made to the District Magistrate and be dealt with in accordance with the procedure specified in this section.
(2) The District Magistrate shall issue summons, in relation to every application referred to in sub-section (1), in the form prescribed.
(3)
(a) The District Magistrate shall, in addition to, and simultaneously with the issue of summons for service on the tenant, also direct the summons to be served by registered post, acknowledgment due, addressed to the tenant or his agent empowered to accept the service at the place where the tenant or his agent actually and voluntarily resides or carries on business or personally works for gain and may, if the circumstances
(1) No tenant shall sub-let the whole of the building under his tenancy.
(2) The tenant may with the permission in writing of the landlord and of the District Magistrate, sub-let a part of the building.
Explanation.--For the purposes of this section-
(i) where the tenant ceases, within the meaning of clause (b) of subsection (1) or sub-section (2) of S.12, to occupy the building or any part thereof, he shall be deemed to have sub-let that building or part;
(ii) lodging a person in a hotel or a lodging house shall not amount to sub-letting.
(1) No landlord shall without lawful authority or excuse cut off, withhold or reduce any of the amenities enjoyed by the tenant.
(2) The landlord shall be bound to keep the building under tenancy windproof and water proof and, subject to any contract in writing to the contrary, carry out periodical whitewashing and repairs.
(3) Subject to any contract in writing to the contrary, no tenant shall, whether during the continuance of the tenancy or after its determination, demolish any improvement effected by him in the building or remove any material used in such improvement, other than any fixtures of a movable nature.
1 Subs. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976).[Explanation.-- The expression "material used in such improvement" includes the writing of an electrical fitting or a pipe pertain
(1) The prescribed authority may, on an application of the tenant, serve upon the landlord a notice requiring him, within such period, not exceeding one week, as may be specified in the notice, to restore any amenity alleged to have been cut off, withheld or reduced in contravention of sub-section (1) of S.26 or to show cause why an order under this Section be not passed against him.
(2) If the landlord fails to restore the amenity within the said period, or to show sufficient cause, the prescribed authority may by order permit the tenant to have the amenity restored at his cost, and thereupon the tenant shall be entitled to recover such cost as may be incurred by him in pursuance of the order, by deduction from the rent payable to the landlord, after furnishing to him the account of the expenditure, and nothing in S.6 shall be deemed to apply to such cost.
(1) If the landlord fails to carry out whitewashing or repairs as required by sub-section (2) of S.26, the tenant may, by notice in writing, call upon him to carry out the same within one month from the date of service of such notice.
(2) Where the cost of the requisite whitewashing or repairs is likely to exceed the amount of1 Subs. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976).[two months rent] in a year, then the tenant in his notice shall also intimate to the landlord his willingness to pay enhanced rent in accordance with the provisions of Section 6. 2 Proviso omitted by U.P. Act 28 of 1976 (w.e.f. 5-7-1976).[* * *]
(3) If the landlord fails to comply with the notice, the tenant may himself carry out the whitewashing or repairs at a cost not exceeding3 Subs. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976).[two months rent] in a year and deduct
Nothing in S.6, or clause (c) of sub-section (2) of S.20, or sub-section (3) of S.26 shall be construed to confer on any sub-tenant a right to make any alteration or improvement in any building otherwise than in accordance with the terms of the tenancy.
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1 Subs. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976).
Notwithstanding anything contained in any law for the time being in force relating to a local authority, the tenant (including a sub-tenant) shall have the right to get water connection, electric connection and sanitary fittings installed in the building under his tenancy at his own cost, and the provisions of sub-section (3) of S.26 shall apply in relation to every such installation.]
(1) Where in consequence of the commission of mischief or any other offence in the course of collective disturbances, any building under tenancy is wholly or partly destroyed, the tenant shall have the right to re-erect it wholly or partly, as the case may be, at his own expenses within a period of six months from such injury: Provided that if such injury was occasioned by the wrongful act or default of the tenant he shall not be entitled to avail himself of the benefit of this provision.
(2) Where in consequence of fire, tempest, flood or excessive rainfall, any building under tenancy is wholly or partly destroyed the tenant shall have the right to re-erect or repair it wholly or partly, as the case may be, at his own expense after giving a notice in writing to the landlord within a period of one month from such injury:
Provided that
(1) For the purposes of this section, the expression "tenant" and "landlord" shall have the meanings respectively assigned to them in clauses (a) and (j) of S.3 with the substitution of the word "land" for the word "building".
(2) This section applies only to land let out, either before or after the commencement of this section, where the tenant, with the landlords consent has erected any permanent structure and incurred expenses in execution thereof.
(3) Subject to the provisions hereinafter contained in this section, the provisions of S.20 shall apply in relation to any land referred to in subsection (2) as they apply in relation to any building.
(4) The tenant of any land to which this section applies shall be liable to pay to the landlord such rent as may be mutually agreed upon between th
(1) If any person claiming to be a tenant of a building tenders any amount as rent in respect of the building to its alleged landlord and the alleged landlord refuses to accept the same then the former may deposit such amount in the prescribed manner and continue to deposit any rent which he alleges to be due for any subsequent period in respect of such building until the landlord in the meantime signifies by notice in writing to the tenant his willingness to accept it.
(2) Where any bona fide doubt or dispute has arisen as to the person who is entitled to receive any rent in respect of any building, the tenant may likewise deposit the rent stating the circumstances under which such deposit is made and may, until such doubt has been removed or such dispute has been settled by the decision of any competent Court or by settlement between the parties, continue to deposit the rent that
(1) Any person who contravenes any of the provisions of this Act or any order made thereunder or attempts or abets such contravention, shall be punished on conviction with imprisonment of either description for a term which may extend to six months or with fine which may extend to five thousand rupees or with both.
1 Omitted by U.P. Act 37 of 1972 with retrospective effect.[(2) Whoever demolishes any building under tenancy or any part thereof without lawful excuse shall be punished, on conviction, with imprisonment of either description for a term which may extend to one year or with fine which may extend to five thousand rupees or with both.]
(3) Where a person has been convicted for contravention of sub-section (1) of S.4, the Court convicting him may direct that out of the fine, if any, imposed and realised from the person so convicte
(1) If the person committing an offence under this Act is a company, the company as well as every person-in-charge of and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (2), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of offence is attri
(1) No prosecution for an offence punishable under this Act shall be instituted except on a complaint authorised by the District Magistrate :
Provided that where the District Magistrate has improperly or illegally declined to authorize the making of a complaint, the Commissioner may, of his own motion or on application made in this behalf, direct him so to do.
(2) No Court inferior to that of a Magistrate of the first class shall try any such offence.
(1) The District Magistrate, the prescribed authority or any1 Omitted by U.P. Act 37 of 1972 with retrospective effect.[appellate or revising authority] shall for the purposes of holding any inquiry of hearing,2 Ibid.[any appeal or revision] under this Act have the same powers as are vested in the Civil Court under the Code of Civil Procedure, 1908 (Act No. V of 1908), when trying a suit, in respect of the following matters namely,--
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) receiving evidence on affidavits;
(c) inspecting a building or its locality, or issuing commission for the examination of witnesses or documents or local investigation;
(d) requiring the discovery and production of documents;
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The provisions of S.4 of the Limitation Act, 1963 , S.5 of the Limitation Act, 1963 and S.12 of the Limitation Act, 1963 (Act No. 36 of 1963) shall mutatis mutandis apply to all proceedings under this Act.
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or purported or intended to be done in pursuance of the provisions of this Act or any rule or order made thereunder.
(1) No order made in exercise of any power conferred by or under this Act shall be called in question in any Court.
(2) Where an order purports to have been made and signed by any authority in exercise of any power conferred by or under this Act, a Court shall, unless the contrary is proved, presume that such order was so made by that authority.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Transfer of Property Act, 1882 (Act No. IV of 1882), or in the Code of Civil Procedure, 1908 (Act No. V of 1908).
In any suit for eviction of a tenant from any building to which the old Act did not apply, pending on the date of commencement of this Act, where the tenant within one month from such date of commencement or from the date of his knowledge of the pendency of the suit, whichever be later, deposits in the Court before which the suit is pending, the entire amount of rent and damages for use and occupation (such damages for use and occupation being calculated at the same rate as rent) together with interest thereon at the rate of nine per cent per annum and the landlords full cost of the suit, no decree for eviction shall be passed except on any of the grounds mentioned in the proviso to sub-section (1) or in clauses (b) to (g) of sub-section (2) of S.20, and the parties shall be entitled to make necessary amendment in their pleadings and to adduce additional evidence where necessary :
Where an appeal or revision arising out of a suit for eviction of a tenant from any building to which the old Act did not apply is pending on the date of commencement of this Act, it shall be disposed of in accordance with the provisions of S.39, which shall mutatis mutandis apply.
The State Government may, by notification in the Gazette, make rules to carry out the purposes of this Act, including any rules prescribing fees in respect of any proceeding under this Act.
All notifications issued under the provisos to sub-section (3) of S.1 and under sub-section (3) of S.2, and all rules made under this Act shall, as soon as may be, after they are issued or made, be laid before each House of the State Legislature, while it is in session, for a total period of fourteen days which may be comprised in its one session or in two or more successive sessions and shall, unless some later date is appointed, take effect from the date of their publication in the Gazette, subject to such modifications or annulments as the two Houses of the Legislature may, during the said period, agree to make, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.
(1) The United Provinces (Temporary) Control of Rent and Eviction Act, 1947 (U.P. Act No. III of 1947), is hereby repealed.
(2) Notwithstanding such-repeal--
(a) any application or proceeding pending immediately before the commencement of this Act before the District Magistrate under S.3 of the old Act shall stand transferred to the prescribed authority having jurisdiction and shall be deemed to be an application or proceeding under S.21 of this Act and shall be disposed of in accordance with the provisions of this Act;
(b) any application or proceeding pending immediately before the commencement of this Act before the District Magistrate under S.7 of the old Act or under Rule 6 of the Control of Rent and Eviction Rules, 1949, made under S.17 of the old Act shall be disposed of by him in acco
[S.68 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 shall be omitted.]
1 Extract of Section 2 (1) of the United Provinces (Temporary) Control of Rent and Eviction Act, 1947
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1 Ibid (w.e.f. 5-7-1976).
Extract of Section 2 (1) of the United Provinces (Temporary) Control of Rent and Eviction Act, 1947
2.(1) "Reasonable annual rent" in the case of accommodation constructed before July 1, 1946, means-
(1) if it is separately assessed in municipal assessment, its municipal assessment plus 25 per cent thereon;
(2) if it is a part only of the accommodation so assessed, the proportionate amount of the municipal assessment of such accommodation plus 25 per cent thereon;
(3) if it is not assessed to municipal assessment-
(i) but was held by a tenant on rent between April 1, 1942 and June 30, 1946, fifteen times the rent for the one month nearest to and after April 1, 1942; and
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