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THE UTTAR PRADESH URBAN BUILDINGS (REGULATION OF LETTING, RENT AND EVICTION) (AMENDMENT) ACT, 1974
THE UTTAR PRADESH URBAN BUILDINGS (REGULATION OF LETTING, RENT AND EVICTION) (AMENDMENT) ACT, 1974
(U. P. ACT NO. 19 OF 1974)
[For Statement of Objects and Reasons, please see Uttar Pradesh Gazette (Extraordinary dated July 25, 1974]
(passed in Hindi by the Uttar Pradesh Legislative Assembly on June 26, 1974 and by the Uttar Pradesh Legislative Council on July 5, 1974)
(Received the assent of the Governor on July 18, 1974 under Article 200 of the Constitution of India and was published in the Uttar Pradesh Extraordinary, dated July 20, 1974). Authoritative English Text of the Uttar Pradesh Shahari Bhawan (Kiraye Par Dene, Kiraye Tatha Bedakhali Ka Viniyaman) (Sanshodhan) Adhiniyam, 1974]
An Act further to amend the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.
It is hereby enacted in the Twenty-fifth Year of the Republic of India as follows:-
Short title and commencement
1. (1) This Act may be called the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) (Amendment) Act, 1974.
(2) It shall come into force on such date as the State Government may, by notification in the Gazette appoint.
Amendment of section 3 of U. P Act XII of 1972
2. In section 3 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, herein after referred to as the principal Act—
(i) in clause (c), for the provision thereto, the following provisions shall be substituted, namely:-
“Provided that nothing in this clause shall be construed to empower the District Magistrate to delegate his power to make or authorize the making of a complaint under section 33;” ;
(ii) for clause (e), the following clause shall be substituted, namely:-
“(e) ‘prescribed authority’ means an officer having not less than three years experience as Munsif or as Magistrate of the first class or as Executive Magistrate authorized by general or special order of the State Government to exercise, perform and discharge all or any of the powers, functions and duties of the prescribed authority under this Act, and different officers may be so authorized in respect of different areas or cases, or classes of cases;”
Transitory provision
3. Notwithstanding the amendment of the principal Act by this Act—
(a) every case instituted before or transferred to the prescribed authority as defined in the Principal Act (as it stood before the commencement of this Act) or recalled from such authority by the District Magistrate at any time before April 1, 1974 and pending at the commencement of this Act before such authority or District Magistrate shall continue to be heard and decided by such authority or District Magistrate, as the case may be;
(b) every case instituted before or transferred to the prescribed authority as defined in the Principal Act (as it stood before the commencement of this Act) or recalled from such authority by the District Magistrate at any time before or after April 1, 1974 and decided by such authority or District Magistrate before the commencement of this Act shall be deemed to have been validly entertained or recalled and dealt by such authority or District Magistrate as if such authority or District Magistrate had jurisdiction to do so;
(c) every case instituted before or transferred to a Munsif or Magistrate of the first class on or after April 1, 1974—
(i) and decided by him before the commencement of this Act shall be deemed to have been validly transferred to and dealt by him as if he was duly appointed as prescribed authority;
(ii) and pending before him at the commencement of this Act shall stand transferred to a prescribed authority appointed under clause (e) of section 3 of the Principal Act as amended by this Act, and such prescribed authority shall proceed the stage at which it is so transferred74
(U. P. ACT NO. 19 OF 1974)
[For Statement of Objects and Reasons, please see Uttar Pradesh Gazette (Extraordinary dated July 25, 1974]
(passed in Hindi by the Uttar Pradesh Legislative Assembly on June 26, 1974 and by the Uttar Pradesh Legislative Council on July 5, 1974)
(Received the assent of the Governor on July 18, 1974 under Article 200 of the Constitution of India and was published in the Uttar Pradesh Extraordinary, dated July 20, 1974). Authoritative English Text of the Uttar Pradesh Shahari Bhawan (Kiraye Par Dene, Kiraye Tatha Bedakhali Ka Viniyaman) (Sanshodhan) Adhiniyam, 1974]
An Act further to amend the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.
It is hereby enacted in the Twenty-fifth Year of the Republic of India as follows:-
Short title and commencement
1. (1) This Act may be called the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) (Amendment) Act, 1974.
(2) It shall come into force on such date as the State Government may, by notification in the Gazette appoint.
Amendment of section 3 of U. P Act XII of 1972
2. In section 3 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, herein after referred to as the principal Act—
(i) in clause (c), for the provision thereto, the following provisions shall be substituted, namely:-
“Provided that nothing in this clause shall be construed to empower the District Magistrate to delegate his power to make or authorize the making of a complaint under section 33;” ;
(ii) for clause (e), the following clause shall be substituted, namely:-
“(e) ‘prescribed authority’ means an officer having not less than three years experience as Munsif or as Magistrate of the first class or as Executive Magistrate authorized by general or special order of the State Government to exercise, perform and discharge all or any of the powers, functions and duties of the prescribed authority under this Act, and different officers may be so authorized in respect of different areas or cases, or classes of cases;”
Transitory provision
3. Notwithstanding the amendment of the principal Act by this Act—
(a) every case instituted before or transferred to the prescribed authority as defined in the Principal Act (as it stood before the commencement of this Act) or recalled from such authority by the District Magistrate at any time before April 1, 1974 and pending at the commencement of this Act before such authority or District Magistrate shall continue to be heard and decided by such authority or District Magistrate, as the case may be;
(b) every case instituted before or transferred to the prescribed authority as defined in the Principal Act (as it stood before the commencement of this Act) or recalled from such authority by the District Magistrate at any time before or after April 1, 1974 and decided by such authority or District Magistrate before the commencement of this Act shall be deemed to have been validly entertained or recalled and dealt by such authority or District Magistrate as if such authority or District Magistrate had jurisdiction to do so;
(c) every case instituted before or transferred to a Munsif or Magistrate of the first class on or after April 1, 1974—
(i) and decided by him before the commencement of this Act shall be deemed to have been validly transferred to and dealt by him as if he was duly appointed as prescribed authority;
(ii) and pending before him at the commencement of this Act shall stand transferred to a prescribed authority appointed under clause (e) of section 3 of the Principal Act as amended by this Act, and such prescribed authority shall proceed the stage at which it is so transferred
