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THE UTTAR PRADESH URBAN BUILDINGS (REGULATION OF LETTING, RENT AND EVICTION) (AMENDMENT) ACT, 1985
THE UTTAR PRADESH URBAN BUILDINGS (REGULATION OF LETTING, RENT AND EVICTION) (AMENDMENT) ACT, 1985
[U.P ACT NO 17 OF 1985]
(As passed by the Uttar Pradesh Legislature)
In pursuance of the provisions of clause (3) of Article 348 of the Constitution of India, the Governor is pleased to order the publication of the following English translation of the Uttar Pradesh Shahari Bhavan Kiraye Per Dene, Kiraye tatha Bedakhali Ka viniyaman (Sanshodhan) Adhiniyam, 1985 (Uttar Pradesh Adhiniyam Sankhya 17 of 1985), as passed by the Uttar Pradesh Legislature and assented to by the Governor on August 20, 1985):
An Act further to amend the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.
It is hereby enacted in the Thirty-sixth 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, 1985.
(2) Clause (a) and clause (b) (ii) of section 2 and sections 4, 5 and 6 shall be deemed to have come into force on May 18, 1983, section 3 shall be deemed to have come into force on January 5, 1985, clause (b) (i) of section 2 shall be deemed to have come into force on April 26, 1985 and the rest of the provisions shall come into force at once.
Amendment of section 2 of U.P. Act no 13 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) in the opening sentence, after the words “apply to” the words “the following, namely:” shall be inserted;
(ii) for clause (a), the following clause shall be substituted, namely:-
“(a) any building of which the Government or a local authority or a public sector corporation is the landlord; or”
(b) in sub-section (2)—
(i) after the existing provisions, the following provisions shall be inserted, namely:-
“Provided further that where construction of a building is completed on or after April 26, 1985 then the reference in this sub-section to the period of ten years shall be deemed to be a reference to a period of twenty years from the date on which its construction is completed”.
(ii) in Explanation 1, for the words, “For the purposes of this sub-section” the words “For the purposes of this section” shall be substituted.
Amendment of section 3
3. In section 3 of the principal Act, in clause (q), after the word “means” the words “any University established by law in India, or” shall be inserted.
Amendment of section 4
4. In section 4 of the principal Act, in sub-section (2), for the words and figures “8 and10” the word, letter and figures “8, 9-A and 10” shall be substituted.
Amendment of section 10
5. In section 10 of the principal Act—
(a) in the marginal heading, for the words and figures “8 and 9” the word, letter and figures “8, 9 and 9-A” shall be substituted;
(b) in sub-section (1), after the words and figures “section 9” the words, figure and letter “or section 9-A” shall be inserted.
Amendment of section 21
6. In section 21 of the principal Act, in sub-section (1), in the Explanation, thereto, for clause (iii), the following clause shall be substituted, namely:-
“(iii) where the landlord of any building is—
(1) a serving or retired Indian Soldier as defined in the Indian Soldiers (Litigation) Act, 1925 and such building was let out at any time before his retirement, or
(2) a widow of such a soldier and such building was let out at any time before the retirement or death of her husband, whichever, occurred earlier, and such landlord needs such building for occupation by himself or the members of his family for residential purposes, then his representation that he needs the building for residential purposes for himself or the members of his family shall be deemed sufficient for the purposes of clause (a), and where such landlord owns more than one building this provisions shall apply in respect of one building only”.
Repeal and savings
7. (1) The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) (Second Amendment) Ordinance, 1985, is hereby repealed.
(2) Notwithstanding such repeal, anything done of any action taken under the provisions is one of the principal Act as amended by the Ordinance referred to in sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of the principal Act, as amended by this Act, as if the provisions of this Act were in force at all material times.
