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THE UTTAR PRADESH URBAN BUILDINGS (REGULATION OF LETTING, RENT AND EVICTION) (AMENDMENT) ACT, 1976
THE UTTAR PRADESH URBAN BUILDINGS (REGULATION OF LETTING, RENT AND EVICTION) (AMENDMENT) ACT, 1976
[U. P. ACT NO. 28 OF 1976]
[For Statement of Objects and Reasons, please see Uttar Pradesh Gazette (Extraordinary] dated May 6, 1976)
(Passed in Hindi by the Uttar Pradesh Legislative Assembly on May 6, 1976 and by the Uttar Pradesh Legislative Council on May 14, 1976.)
(Received the Assent of the President on July 1, 1976 under Article 201 of the Constitution of India and was published in the Uttar Pradesh Gazette Extraordinary, dated July 5, 1976.)
[Authoritative English Text of the Uttar Pradesh Shahari Bhawan (Kiraye Par Dene, Kiraya Tatha Bedakhali Ka Viniyamn) (Sanshodhan) Adhiniyam, 1976]
An Act further to amend the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 and the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972.
It is hereby enacted in the Twenty-seventh Year of the Republic of India as follows:-
Short title
1. This Act may be called the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) (Amendment) Act, 1976.
Amendment of section 2 of U. P. Act XIII of 1972
2. In section 2 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, herein after referred to as the principal Act—
(a) in sub-section (1)—
(i) for clauses (a) and (b), the following clauses shall be substituted, namely:-
“(a) any public building; or
(b) any building belonging to or vested in a recognized educational institution, the whole of the income from which is utilized for the purposes of such institution;”
(ii) in clause (f), the words “by a University or any other statutory corporation or” shall be omitted;
(b) in sub-section (2),--
(i) for the words “Except as provided in sub-section (2) of section 24, or sub-section (3) of section 29, nothing in this Act shall apply to a building during a period of ten years from the date on which its construction is completed”, the words “Except as provided in sub-section (5) of section 12, sub-section (1-A) of section 21, sub-section (2) of section 24, section 24-A, 24-B, 24-C or sub-section (3) of section 29, nothing in this Act shall apply to a building during a period of ten years from the date on which its construction is completed” shall be substituted;
(ii) the existing Explanation shall be re-numbered as Explanation I, and before the Explanation I as so re-numbered, the following provisions shall be inserted, namely:-
“Provided that where any building is constructed substantially out of funds obtained by way of loan or advance from the State Government or the Life Insurance Corporation of India or a bank or a co-operative society or the Uttar Pradesh Avas Evam Vikas Parishad, and the period of repayment of such loan or advance exceeds the aforesaid period of ten years’ then the reference in this sub-section to the period of ten years shall be deemed to be a reference to the period of fifteen years or the period ending with the date of actual repayment of such loan or advance (including interest), whichever is shorter.”;
(iii) after Explanation I as so re-numbered, the following Explanations shall be inserted, namely:-
“Explanation II—The expression ‘bank’ means—
(i) a banking company, as defined in the Banking Regulation of India Act, 1949;
(ii) the State Bank of India constituted under the State Bank of India Act, 1955;
(iii) a subsidiary Bank, as defined in the State Bank of India (Subsidiary Banks) Act, 1959;
(iv) a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970;
(v) a financing Bank or Central Bank (as defined in the Uttar Pradesh Co-operative Societies Act, 1965), not being a Land Development Bank; and
(vi) any other financial institution notified by the State Government in the Gazette as a bank for the purpose of this Act;
Explanation III—A building shall be deemed to be constructed substantially out of funds obtained from sources mentioned in the provisions, if the funds obtained from one or more of such sources account for more than one-half of the cost of construction.”;
(c) in sub-section (3), for the words “an educational or charitable institution”, the words “a public charitable or public religious institution” shall be substituted.
Insertion of new sections 2-A and 2-B
3. After section 2 of the principal Act, the following sections shall be inserted, namely:-
Special provisions for short term licence
“2-A. (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 section 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):
Provided also that similar licence shall not be granted again to any other person in respect of the same building or part within a period of one year from the date of vacation of the building or part by the last licensee.
(2) Such licensee shall not be deemed to be a tenant for purposes of section 20, notwithstanding that he pays or is liable to pay rent for such occupation.
(3) Such licensor shall not be deemed to have ceased to occupy such building or part within the meaning of section 12 merely on the ground of having granted such licence.
(4) The District Magistrate shall not make an allotment under section 16 in respect of the building or part vacated by the licensee except with the consent of the landlord.
(5) If the licensee omits or refuses to vacate the building or part after the expiry of the period of licence the licensor may make an application to the prescribed authority for his eviction, and the prescribed authority shall there upon order his eviction, and its order shall be final:
Provided that no order shall be made under this sub-section except after giving to the parties concerned a reasonable opportunity of being heard.
(6) The provisions of section 23 shall apply to an order made under sub-section (5) as if it were an order made under section 21 or under section 22”.
Constitution of Rent Control Tribunals
“2-B (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 there upon, 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 Tribunal shall continue from the stage at which a case is so transferred, and the cases shall be disposed of by the Tribunal”.
Amendment of section 3
4. In section 3 of the principal Act—
(i) in clause (a), the following Explanation shall be inserted and be deemed always to have been inserted, namely:-
“Explanation—An occupant of a room in a hotel or a lodging house shall not be deemed to be a tenant;”;
(ii) for clause (e), the following clause shall be substituted, namely:-
“(e) ‘prescribed authority’ means a Civil Judicial Officer or Judicial Magistrate authorized by the District Judge to exercise, perform and discharge all or any of the powers, functions and duties of the prescribed authority under this Act and different such officers may be so authorized in respect of different areas or cases or classes of cases, and the District Judge may recall any case from any such officer and may transfer it for disposal to any other such officer;”;
(iii) in clause (m), after the words “town area committee” the words “a Zila Parishad, a Development Authority established under the Uttar Pradesh Urban Planning and Development Act, 1973, or the Uttar Pradesh Avas Evam Vikas Parishad Estbalished under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965”, shall be inserted:
(iv) for clause (n), the following clauses shall be substituted, namely:-
“ (n) ‘improvement’, in relation to a building, means any addition to it or alteration thereof or the provision of any new amenity to the tenant, and includes all repairs made in any year the cost whereof exceeds the amount of two months’ rent thereof;
(o) ‘public building’ means any building belonging to or taken on lease or requisitioned by or on behalf of the Central Government or a State Government (including the Government of any other State), and includes any building belonging to or taken on lease by or on behalf of any local authority or any public sector corporation;
(p) ‘public sector corporation’ means any corporation owned or controlled by the Government, and includes any company as defined in section 3 of the Companies Act, 1956, in which not less than fifty per cent of the paid up share capital is held by the Government:
(q) ‘recognized educational institution’ means any institution recognized under the Intermediate Education Act, 1921 or the Uttar Pradesh Basic Education Act, 1972 or recognized or affiliated under Uttar Pradesh State Universities Act, 1973;
(r) ‘charitable institution’ means any establishment, undertaking organization or association formed for a charitable purpose and includes a specific endowment;
Explanation—For the purposes of this clause, the words ‘charitable purpose’ includes relief of poverty, education, medical relief and advancement of any other object of utility or welfare to the general public or any section thereof, not being an object of an exclusively religious nature;
(s) ‘religious institution’ means a temple, math, mosque, church, gurudwara or any other place of public worship ad includes a waqf not being a waqf-alal-aulad”.
Amendment of section 9
5. In section 9 of the principal Act, after sub-section (2), the following sub-section shall be inserted, namely:-
“(2-A) Subject to the provisions of sub-section (2), the District Magistrate shall ordinarily consider ten per centum per annum on the market value of the building (including its site) on the said date to be the annual standard rent thereof, and the monthly standard rent shall be equal to one-twelfth of the annual standard rent so calculated”.
Insertion of new section 9-A
6. After section 9 of the principal Act, the following section shall be inserted, namely:-
Revision of rent of commercial buildings let out by public religious institutions
“9-A (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 there for, 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 sub-section.
(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.
(3) Where the rent of any building has been revised in accordance with sub-section (1), then the landlord shall not be entitled to move a fresh application under the said sub-section within a period of five years from the date of the final order.
Explanation—In this section, the expressions ‘shop’ and ‘commercial establishment’ shall have the meaning assigned to them in the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962, as amended from time to time”.
Amendment of section 12
7. In section 12 of the principal Act—
(i) in sub-section (3), the following Explanation thereto shall be inserted, namely:-
“Explanation—For the purposes of this sub-section—
(a) a person shall be deemed to have otherwise acquired a building, if he is occupying a public building for residential purposes as a tenant, allottee or licensee;
(b) the expression ‘any member of family’, in relation to a tenant, shall not include a person who has neither been normally residing with nor is wholly dependent on such tenant”;
(ii) after sub-section (3), the following sub-sections shall be inserted, namely:-
“(3-A) If the tenant of a residential building holding a transferable post under any Government or local authority or a public sector corporation or under any other employer has been transferred to some other city, municipality, notified area or town area, then such tenant shall be deemed to have ceased to occupy such building with effect from the thirtieth day of June following the date of such transfer or from the date of allotment to him of any residential accommodation (whether any accommodation be allotted under this Act or any official accommodation is provided by the employer) in the city, municipality, notified area or town area to which he has been so transferred, whichever is later.
(3-B) If the tenant of a residential building is engaged in any profession, trade, calling or employment in any city, municipality, notified area or town area in which the said building is situate, and such engagement ceases for any reason whatsoever, and he is landlord of any other building in any other city, municipality, notified area or town area, then such tenant shall be deemed to have ceased to occupy the first mentioned buildings with effect from the date on which he obtains vacant possession of the last mentioned building whether as a result of proceedings under section 21 or otherwise.”;
(iii) in sub-section (4), for the words, brackets and figures “sub-section (3)”, the words, figures, brackets and letter “sub-section (3), sub-section (3-A) or sub-section (3-B)” shall be substituted;
(iv) after sub-section (4), the following sub-section shall be inserted, namely:-
“(5) A tenant or, as the case may be, a member of his family, referred to in sub-section (3), shall, have a right, as landlord of any residential building referred to in the said sub-section which may have been let out by him before the commencement of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) (Amendment) Act, 1976 to apply under clause (a) of sub-section (1) of section 21 for the eviction of his tenant from such building, notwithstanding that such building is one to which the remaining provisions of this Act do not apply.”
Substitution of section 14
8. For section 14 of the principal Act, the following section shall be substituted, namely:-
14. Notwithstanding anything contained in this Act or any other law for the time being in force, any licensee (within the meaning of section 2-A) 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 authorized licensee or tenant of such building”.
Amendment of section 16
9. In section 16 of the principal Act—
(i) in sub-section (1), the following provision thereto shall be inserted, namely:-
“provided that in the case of a vacancy referred to in sub-section (4) of section 12, the District Magistrate shall give an opportunity to the landlord or the tenant, as the case may be, of showing that the said action is not attracted to his case before making an order under clause (a)”;
(ii) in sub-section (4), the words “and any other person has occupied or continued to occupy it”, shall be omitted;
(iii) in sub-section (7), for the words and figures “subject to the result of any appeal under section 18” the words and figures, “subject to any order made under section 18” shall be substituted;
(iv) in sub-section (8), for the words, figures and brackets “subject to the provisions of sub-section (5) and section 18” the words, figures and brackets “subject to the provisions of sub-sections (5) and (9), and section 18” shall be substituted;
(v) for sub-section (9), the following sub-sections shall be substituted, namely:-
“(9) The District Magistrate shall, while making an order under clause (a) of sub-section (1), also require the allottee to pay to the landlord an advance, equivalent to—
(a) where the building is situated in a hill municipality, one half of the yearly presumptive rent; and
(b) in any other case, one month’s presumptive rent, and on his failure to make or offer the payment within a week thereof, rescind the allotment order.
Explanation—In this sub-section the expression ‘presumptive rent’ means an amount of rent which the District Magistrate prima facie considers reasonable having regard to the provisions of sub-sections (2) and (2-A) of section 9. Provided that such amount shall not be less than the amount of rent which was payable by the last tenant, if any.
(10) Nothing in sub-section (9) shall be construed to require the District Magistrate to take any evidence or hold any formal inquiry before fixing the presumptive rent of the building allotted, and the amount mentioned in the allotment order as presumptive rent shall be subject to any agreement in writing between the parties or to any subsequent determination of standard rent after formal inquiry under section 9:
Provided that until the presumptive rent is so revised by agreement or by an order under section 9, the tenant shall continue to be liable to pay rent according to the presumptive rent specified in the allotment order, so however, that any subsequent order under section 9 shall relate back to the date of commencement of the tenancy”.
Amendment of section 17
10. In section 17 of the principal Act, in sub-section (2), the following Explanation these to shall be inserted, namely:-
“Explanation—Where a building in the occupation of the landlord for residential purposes adjoins (whether horizontally or vertically) the building sought to be allotted, and—
(a) there is a common entrance to or a common passage for both the buildings; or
(b) the two buildings share the sanitary conveniences or other amenities (not including electric connection);
Then notwithstanding that the two buildings are independently fit for residential purposes, they shall be deemed to be part of each other for the purposes of this sub-section”.
Substitution of section 18
11. For section 18 of the principal Act, the following section shall be substituted, namely:-
“18. (1) No appeal shall lie from any order under section 16 or section 19. Whether made before or after the commencement of this section, but 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 a 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 the District Magistrate for rehearing and pending the revision, may stay the operation of such order on such terms, if any, as it thinks fit.
Explanation—The power to rescind the final order under this sub-section shall not include the power to pass an allotment order or to direct the passing of an allotment order in favour of a person different from the allottee mentioned in the order under revision.
(3) Where an order under section 16 or section 19 is rescinded, the District Magistrate shall, on an application being made to him on that behalf, place the parties back in the position which they would have occupied but for such order or such part thereof as has been rescinded, and may for that purpose use or cause to be used such force as may be necessary”.
Amendment of section 19
12. In section 19 of the principal Act, for the words and figures “appeal under section 18,” the words and figures “revision under section 18” shall be substituted.
Amendment of section 20
13. In section 20 of the principal Act—
(a) in sub-section (2), in clause (d), for the words “has done any act which is consistent with the purpose for which he was admitted to the tenancy of the building or has without the consent in writing of the landlord used it for a purpose other than such purpose”, the words, “has without the consent in writing of the landlord used it for a purpose other than the purpose for which he was admitted to the tenancy of the building or otherwise done any act which is inconsistent with such use” shall be substituted:
(b) in sub-section (4)—
(i) for the words “tenders to the landlord”, the words “tenders to the landlord or deposits in Court” shall be substituted and be deemed always to have been substituted;
(ii) at the end, the following Explanation shall be inserted, namely—
“Explanation—For the purposes of this sub-section—
(a) the expression ‘first hearing’ means the first date for any step or proceeding mentioned in the summons served on the defendant;
(b) the expression ‘cost of the suit’ includes one-half of the amount of counsel’s fee taxable for a contested suit”;
(c) after sub-section (5), the following sub-section shall be inserted and be deemed always to have been inserted, namely:-
“(6) Any amount deposited by the tenant under sub-section (4) or under rule 5 of order XV of the First Schedule to the Code of Civil Procedure, 1908 shall be paid to the landlord forthwith on his application without prejudice to the parties’ pleadings and subject to the ultimate decisions in the suits”.
Amendment of section 21
14. In section 21 of the principal Act—
(i) in sub-section (1)—
(a) in the second provision thereto—
(1) for the words “any building in which the tenant is engaged in any profession trade or calling”, the words “any building let out exclusively for non-residential purposes” shall be substituted;
(2) for the words “an amount equal to two years rent”, the words “an amount not exceeding two years rent” shall be substituted;
(b) after the third provision thereto, the following provision shall be inserted and be deemed always to have been inserted, namely:-
“provided also that the prescribed authority shall, except in cases provided for in the Explanation, take into account the likely hardship to the tenant from the grant of the application as against the likely hardship to the landlord from the refusal of the application and for that purpose shall have regard to such factors as may be prescribed”.
(c) in the Explanation thereto—
(1) in clause (i), after the words “any member of his family”, the words and brackets “(who has been normally residing with or is wholly dependent on him )” shall be inserted and be deemed always to have been inserted, and at the end, the following Note shall be inserted, namely—
“NOTE—For the purposes of this clause a person shall be deemed to have otherwise acquired a building, if he is occupying a public building for residential purposes as a tenant, allottee or licensee”.
(2) clauses (ii) and (iv) shall be omitted.
(ii) after sub-section (1), the following sub-section shall be inserted, namely:-
“(1-A) Notwithstanding anything contained in section 2, the prescribed authority shall, on the application of a landlord in that behalf, order the eviction of a tenant from any building under tenancy, if it is satisfied that the landlord of such building was in occupation of a public building for residential purposes which he had to vacate on account of the cessation of his employment:
Provided that an application under this sub-section may also be given by a landlord in occupation of such public building at any time within a period of one year before the expected date of cessation of his employment, but the order of eviction on such application shall take effect on the date of his actual cessation”;
(iii) for sub-section (3), the following sub-section shall be substituted, namely:-
“(3) No order shall be made under sub-section (1) or sub-section (1-A) or sub-section (2), except after giving to the parties concerned a reasonable opportunity of being heard:
Provided that where the tenant being a servant of Government or of any local authority or any public sector corporation does not contest the application then a reasonable opportunity of being heard shall be given to the District Magistrate, who shall have the right to oppose the application”;
(iv) in sub-section (4), for the words, figures and brackets “sub-section (1) or sub-section (2)” the words, figures, brackets and letter “sub-section (1) or sub-section (1-A) or sub-section (2)” shall be substituted;
(v) in sub-section (5), for the words, figures and brackets “sub-section (1) or sub-section (2)” the words, figures, brackets and letter “sub-section (1) or sub-section (1-A) or sub-section (2)” shall be substituted;
(vi) in sub-section (6), for the words, figures and brackets “sub-section (1) or sub-section (2)” the words, figures, brackets and letter “sub-section (1) or sub-section (1-A) or sub-section (2)” shall be substituted;
(vii) after sub-section (6), the following sub-sections shall be inserted, namely:-
“(7) Where during the pendency of an application under clause (a) of sub-section (1), the landlord dies, his legal representatives shall be entitled to prosecute such application further on the basis of their own need in substitution of the need of the deceased.
(8) Nothing in clause (a) of sub-section (1) shall apply to a building let out to the State Government or to a local authority or to a public sector corporation or to a recognized educational institution unless the Prescribed Authority is satisfied that the landlord is a person to whom clause (ii) or clause (iv) of the Explanation to section (1) is applicable:
Provided that in the case of such a building the District Magistrate may, on the application of the landlord, enhance the monthly rent payable there for to a sum equivalent to one-twelfth of ten per cent of the market value of the building under tenancy, and the rent so enhanced shall be payable from the commencement of the month of tenancy following the date of the application:
Provided further that a similar application for further enhancement may be made after the expiration of a period of five years from the date of the last order of enhancement”.
Amendment of section 22
15. In section 22 of the principal Act, for the words and figures, “section 18” the word and figures “section 10” shall be substituted.
Insertion of new Chapter IV-A
16. After section 24 of the principal Act, the following Chapter shall be inserted, namely:-
“CHAPTER IV-A
SUMMARY TRIAL OF CERTAIN APPLICATIONS
24-A. The provisions of this Chapter or any rule made there under shall have effect notwithstanding anything inconsistent there with 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.
24-B. (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 more than one dwelling house and it shall be lawful for such landlord to indicate the dwelling house, possession of which he intends to recover.
(2) Where the landlord exercises the right of recovery conferred on him by sub-section (1), no compensation shall be payable by him to the tenant or any person claiming through or under him and no claim for such compensation shall be entertained by any court, tribunal or other authority:
Provided that where the landlord has received—
(a) Any rent in advance from the tenant, he shall within a period of ninety days from the date of recovery of possession of the building by him, refund to the tenant such amount as represents the rent payable for the unexpired portion of the contract, agreement or lease;
(b) any other payment from the tenant, he shall, within the period aforesaid, refund to the tenant a sum which shall bear the same proportion to the total amount so received, as the unexpired portion of the contract or agreement, or lease bears to the total period of contract or agreement or lease:
Provided further that, if any default is made in making any refund as aforesaid, the landlord shall be liable to pay simple interest at the rate of twelve per cent per annum on the amount which he has omitted or failed to refund.
24-C. (1) Every application by a landlord for the recovery of possession of any building on the ground specified in section 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 of the case so require, also direct the publication of the summons in a newspaper circulating in the locality in which the tenant is last known to have resided or carried on business or personally worked for gain.
(b) When an acknowledgment purporting to be signed by the tenant or his agent is received by the District Magistrate or the registered article containing the summons is received back with an endorsement purporting to have been made by a postal employee to the effect that the tenant or his agent had refused to take delivery of the registered article, the District Magistrate may declare that there has been a valid service of summons.
(4) The tenant on whom the summons is duly served (whether in the ordinary way or by registered post) shall not contest the prayer for eviction from the premises unless he files an affidavit stating the grounds on which he seeks to contest the application for eviction and obtain leave from the District Magistrate as herein after provided; and in default of his appearance in pursuance of the summons or his obtaining such leave, the statement made by the landlord in the application for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction on the ground aforesaid.
(5) The District Magistrate shall give to the tenant leave to contest the application if the affidavit filed by the tenant discloses such facts as would disentitle the landlord from obtaining an order for the recovery of possession of the premises on the ground specified in section 24-B.
(6) Where leave is granted to the tenant to contest the application, the District Magistrate shall commence the hearing of the application as early as practicable.
(7) No appeal or second appeal shall lie against an order for the recovery of possession of any premises made by the District Magistrate in accordance with the procedure specified in this section:
Provided that the District Judge, for the purpose of satisfying himself that an order made by the District Magistrate under this section is accordance to law, call for the records of the case and pass such order in respect thereto as he thinks fit.
(8) Where no application has been made to the District Judge on revision, the District Magistrate may exercise the powers of review in accordance with the provisions of order XLVII of the First Schedule to the Code of Civil Procedure, 1908”.
Amendment of section 26
17. In section 26 of the principal Act, in sub-section (3), the following Explanation thereto shall be inserted, namely:-
“Explanation—The expression ‘material used in such improvement’ includes the writing of an electrical fitting or a pipe pertaining to any water connection”.
Amendment of section 28
18. In section 28 of the principal Act—
(i) in sub-section (2)—
(a) for the words “one month’s rent”, the words “two month’s rent” shall be substituted;
(b) the provision thereto shall be omitted;
(ii) in sub-section (3), for the words “one month’s rent or two month’s rent, as the case may be”, the words “two month’s rent” shall be substituted;
(iii) in sub-section (4), for the words “one month’s rent or two month’s rent, as the case may be”, the words “two month’s rent” shall be substituted.
Insertion of new sections 28-A and 28-B
19. After section 28 of the principal Act, the following sections shall be inserted, namely:-
Alteration and improvement not to be made by sub-tenant
“28-A. Nothing in section 6, or clause (c) of sub-section (2) of section 20, or sub-section (3) of section 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.
Tenant right to get water connection and sanitary fittings installed
28-B. 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 section 26 shall apply in relation to every such installation”.
Insertion of new section 29-A
20. After section 29 of the principal Act, the following section shall be inserted, namely:-
Protection against eviction to certain classes of tenants of land on which building exists
“29-A. (1) For the purposes of this section, the expression ‘tenant’ and ‘landlord’ shall have the meanings respectively assigned to them in clauses (a) and (i) of section 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 landlord’s 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 section 20 shall apply in relation to any land referred to in sub-section (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 the parties, and in the absence of agreement, the rent determined in accordance with sub-section (5).
(5) The District Magistrate shall on the application of the landlord or the tenant determine the annual rent payable in respect of such land at the rate of ten per cent per annum of the prevailing market value of the land, and such rent shall be payable, except as provided in sub-section (6) from the date of expiration of the term for which the land was let or from the commencement of this section, whichever is later.
(6) (a) In any suit or appeal or other proceeding pending immediately before the date of commencement of this section, no decree for eviction of a tenant from any land to which this section applies, shall be passed or executed except on one or more of the grounds mentioned in sub-section (2) of section 20, provided the tenant, within a period of three months from the commencement of this section by an application to the court, unconditionally offers to pay to the landlord, the enhanced rent of the land for the entire period in suit and onwards at the rate of ten per cent per annum of the prevailing market value of the land together with costs of the suit (including costs of any appeal or of any execution or other proceedings).
(b) In every such case, the enhanced rent shall, notwithstanding anything contained in sub-section (5), be determined by the court seized of the case at any stage.
(c) Upon payment against a receipt duly signed by the plaintiff or decree-holder or his counsel or deposit in court of such enhanced rent with costs as aforesaid being made by the tenant within such time as the court may fix in this behalf, the court shall dismiss the suit, or as the case may be, discharge the decree for eviction, and the tenancy there after, shall continue annually on the basis of the rent so enhanced.
(d) If the tenant fails to pay the said amount within the time so fixed (including any extended time, if any, that the court may fix or for sufficient cause allow) the court shall proceed further in the case as if the foregoing provisions of this section were not in force.
(7) The provisions of this section shall have effect, notwithstanding anything to the contrary contained in any contract or instrument or in any other law for the time being in force.
Explanation—For the purposes of sub-section (6) where a case has been decided against a tenant by one court and the limitation for an appeal there from has not expired on the date immediately before the commencement of this section, this section shall apply as it applies to pending proceedings, and the tenant may apply to that court for a review of the judgment in accordance with the provisions of this section”.
Amendment of section 31
21. In section 31 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:-
“(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”.
Amendment of section 34
22. In section 34 of the principal Act—
(a) In sub-section (1), for the words “appellate authority”, the words “appellate or revising authority” shall be substituted, and for the words “any appeal” the words “any appeal or revision” shall be substituted;
(b) in sub-section (2)—
(i) for the words “appellate authority”, the words “appellate or revising authority” shall be substituted, and for the words “any appeal” the words “any appeal or revision” shall be substituted;
(ii) for the words and figures “sections 480 and 482 of the Code of Criminal Procedure, 1898”, the words and figures “sections 345 and 346 of Code of Criminal Procedure, 1973” shall be substituted;
(c) in sub-section (3), for the words “appellate authority”, the words “appellate or revisional authority” shall be substituted;
(d) in sub-section (7), for the words “appellate authority”, the words “appellate or revisional authority” shall be substituted;
Amendment of section 43
23. In section 43 of the principal Act, in sub-section (2)—
(i) In clause (d), for the words, “as if this Act had not been passed”, the words “in accordance with the old Act which shall for that purpose, be deemed to continue to be in force” shall be substituted and be deemed always to have been substituted;
(ii) In clause (e), for the words, “as if this Act had not been passed”, the words “in accordance with the old Act which shall for that purpose, be deemed to continue to be in force” shall be substituted and be deemed always to have been substituted;
(iii) after clause (p), the following clause shall be inserted, namely—
“(pp) the provisions of section 34 shall mutatis mutandis apply to every revision referred to in the foregoing clauses;”;
(iv) In clause (r), for the words, “as if this Act had not been passed”, the words “in accordance with the old Act which shall for that purpose, be deemed to continue to be in force” shall be substituted and be deemed always to have been substituted;
(v) in clause (rr)—
(1) for the words “and a suit for the eviction of the tenant has not been instituted”, the words “whether or not a suit for the eviction of the tenant has been instituted” shall be substituted and be deemed always to have been substituted;
(2) the following provisions shall be inserted and be deemed always to have been inserted, namely:-
“provided that no application under this clause shall be maintainable on the basis of a permission granted under section 3 of the old Act, where such permission became final more than three years before the commencement of this Act:
Provided further that in computing the period of three years, the time during which the applicant has been prosecuting with due diligence any civil proceeding whether in a court of first instance or appeal or revision shall be executed”.
(vi) in clause (s), for the words “as if this Act had not been passed”, the words “in accordance with the old Act which shall, for that purpose, be deemed to continue to be in force” shall be substituted and be deemed always to have been substituted.
Substitution of section 44
24. For section 44 of the principal Act, the following section shall be substituted, namely:-
“44. Section 68 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 shall be omitted”.
Amendment of section 2 of U.P Act 22 of 1972
25. In section 2 of the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972—
(1) for clause (b), the following clauses shall be substituted and be deemed always to have been substituted, namely—
“(aa) ‘law relating to land tenure’ means the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, the Uttar Pradesh Urban Areas Zamindari Abolition and Land Reforms Act, 1956, the Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956, the Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960, the Uttar Pradesh Consolidation of Holdings Act, 1953, or the U.P. Imposition of Ceiling on Land Holding Act, 1960, as amended from time to time;
(b) ‘premises’ means any land (including any forest land or trees standing thereon, or covered by water or a road maintained by the State Government or land appurtenant to such road) or any building or part of a building and includes—
(i) the garden, grounds and outhouses, if any, appurtaining to such building or part of a building, and
(ii) any fittings or fixtures affixed to or any furniture supplied with such building or part of a building for the most beneficial enjoyment thereof, but does not include land which for the time being is held by a tenure-holder under any law relating to land tenures;”
(2) for clause (e), the following clause shall be substituted and be deemed always to have been substituted, namely—
“(e) ‘public premises’ means any premises belonging to or taken on lease or requisitioned by or on behalf of the State Government and includes any premises belonging to or taken on lease by or in behalf of—
(i) any company as defined in section 3 of the Companies Act, 1956, in which not less than fifty-one per cent of the paid up share capital is held by the State Government; or
(ii) any local authority; or
(iii) any Corporation (not being a company as defined in section 3 of the Companies Act, 1956 or a local authority owned or controlled by the State Government; or
(iv) any society registered under the Societies Registration Act, 1860, the governing body whereof consists, under the rules or regulations of the society, wholly of public officers, or nominees of the State Government, or both:
And also includes—
(i) Nazual land or any other premises entrusted to the management of a local authority (including any building built with Government funds on land belonging to the State Government after the entrustment of the land to that local authority, not being land vested in or entrusted to the management of a Gaon Sabha or any other local authority under any law relating to land tenures);
(ii) any premises acquired under the Land Acquisition Act, 1894 with the consent of the State Government for a company (as defined in that Act) and held by that company under an agreement executed under section 41 of that Act providing for re-entry by the State Government in certain conditions;”
(3) in clause (f), the words “and in the case of lease of any public premises by a corporate authority, also includes premium and interest payable to such authority” shall be inserted at the end.
Transitory provision
26. (1) Notwithstanding the amendment of clause (e) of section 3 of the principal Act by this Act—
(a) any officer or authority before whom any proceeding under section 21, section 24, section 26, section 27, section 28 or section 43 of the principal Act is pending immediately before the commencement of this Act shall, subject to clause (b), continue to hear and decide the case:
(b) it shall be lawful for the District Judge to transfer any case under the principal Act pending before any officer or authority to any prescribed authority as defined by clause (e) of section 3 of the principal Act (as amended by this Act), and there upon, every such prescribed authority shall proceed from the stage at which it is so transferred.
(2) All appeals under section 18 of the principal Act, pending immediately before the commencement of this Act shall be deemed to be revisions preferred under the said section as amended by this Act and shall be disposed of accordingly.
(3) Where an order of eviction under clause (e) of sub-section (1) of section 21 of the principal Act in respect of a building let out to the State Government or a local authority or a public sector corporation or a recognized educational institution has been passed before the commencement of this Act but such tenant has not been actually evicted and continues to be in possession of the building at such commencement, then the order of eviction so passed by the prescribed authority or by an appellate authority shall, on the tenant’s application to the prescribed authority in accordance with sub-section (4), stand discharged and no such order of eviction shall be executed.
(4) Every application referred to in sub-section (3) shall be made within two months from the date of commencement of this Act and the tenant shall make an unconditional offer there in to pay rent at the rate of one-twelfth of ten per cent of the market value of the building under tenancy, and there upon, the prescribed authority shall determine the revised rent accordingly, and such revised rent shall be payable with effect from the date of the order referred to in sub-section (3).
(5) Notwithstanding any judgment, decree or order of any court or authority, the provisions of rule 16 of the Uttar Pradesh Urban Building (Regulation and Letting, Rent and Eviction) Rules, 1972 shall be deemed to have been made under the provisions of the principal Act as amended by this Act as if this Act were in force on all material dates.
(6) The provisions of section 9 of the Uttar Pradesh Civil Laws Amendment Act, 1972, shall apply and shall be deemed always to have applied in relation to suits of the nature referred to therein which before the commencement of that Act had been transferred to a competent Court and were pending immediately before the date of commencement of that Act in such transferee Court as they apply in relation to suits which were pending in the Court in which they were instituted:
Provided that any such suit decided by the transferee Court between the commencement of the said Act and the commencement of this Act on the assumption that the said section 9 did not apply to such suits shall be deemed to have been validly decided as if the said section did not apply to such suits.
