FOURTH REPORT OF VII STATE LAW COMMISSION

ON URBAN BUILDINGS (REGULATION OF LETTING, RENT

AND EVICTION)alongwith Draft Bill

SUBMITTED BY:

JUSTICE ADITYA NATH MITTAL

CHAIRMAN

INDEX 1. .

SL.

No.

SUBJECT PAGE NO.

1. INTRODUCTION

1-31

2. DRAFT BILL AS RECEIVED

FROM THE DEPARTMENT OF

HOUSING

32-59

3. SUGGESSIONS/ COMMENTS OF

THE STATE LAW COMMISSION

60-75

4. PROPOSED DRAFT OF BILL AS

PREPARED BY THE STATE LAW

COMMISSION

76-106

CHAPTER-I

INTRODUCTION

CHAPTER-I

INTRODUCTION

The Department of Housing and Urban Planning vide its letter No.

1430/8-1-18-17Meeting/2018TC dated 02.08.2018 has invited

opinion/suggestion of the Commission on the proposed “THE UTTAR

PRADESH BUILDINGS (REGULATION OF LETTING, RENT AND

EVICTION) BILL, 2018. It appears that the Government of U.P. is

considering to introduce a new law on the point after repealing the

existing “Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and

Eviction) Act, 1972 (U.P. Act No. 13 of 1972.

The Tenancy is a bond between the owner and occupier for the

furtherance of the liberal disposition of the haves towards the removal of

the want in the havenots in the matter of housing accommodation.

Although, the Transfer of Property Act, 1882 enumerates various

provisions regarding concept of lease. Prior to independence, the United

Provinces (Temporary) Control of Rent and Eviction Act, 1947 was

passed with a view to control of letting and rent of accommodation and

the provisions were similar to the orders which have been issued under

the Defence of India Rules, 1939. At that stage, there was shortage of

housing accommodation as well as commercial accommodation and in

view of increase in the urban population, the aforesaid Act was

implemented which was subsequently substituted by the present Act i.e.

U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act,

1972. It is also important to mention that after the enactment of the

aforesaid Act No. 13 of 1972, various amendments have been made in the

principal Act of 1972 and the last amendment was done by U.P.Act 5 of

1995.

There has been unending litigation between the landlord and tenant, may

be on the ground of bonafide need, comparative hardship, default in

payment of rent as well as enhancement of the rent. Although under the

present Act, a simple application is required to be filed before the

Prescribed Authority but the experience has shown that the litigation

reaches upto the Hon‟ble Supreme Court and takes decades to finalize. It

has also been experienced that even after the decision of Hon‟ble

Supreme Court, various other hurdles, like third party interest, challenge

to the ownership of the landlord etc. are again raised and fresh litigation

starts therein. Initially, in the year 1946, after the World War II, there

was shortage of accommodation in the urban areas and a trend had started

to shift from rural areas to the urban areas which multiplied the problem

of housing as well as commercial accommodation. Prior to the year

1985, the building activities were also on a slow pace but after that when

the prices of land started increasing, the building activities also started

increasing. In the earlier Acts, a protection was provided to the tenant

against the misuse committed by the landlords. Certainly, the said

protection has been misused by the tenants and it has been experienced

that the landlord is not able to get vacated his premises for decades

together even for his genuine personal needs. The position of

commercial tenancy is of much more controversy because after letting

out a shop or other premises for commercial purposes, the rent had

remained the same while the business activities of the tenant had

multiplied manifold. This gave impression in the mind of landlords that

after paying a rent of very meagre amount i.e. Rs. 100/- or so, the tenant

is earning from that property Rs. 10,000/- or even much more. It cannot

be forgotten that in commercial tenancy, the capital, goodwill,

entrepreneurship and other factors cannot be thrown away. But, however,

there has been a much dispute between the landlord and tenant, which

requires to be resolved.

The courts were also liberal initially in looking at the relationship

between landlord and tenant in the past but when the courts realized that

the tenant is misusing his position, then the approach of the courts

including Hon‟ble the Supreme Court has also changed. In Satyawati

Sharma vs. Union of India and others, (2008) 5 SCC287, in para 12,

Hon‟ble Supreme Court has observed as under:-

“12. Before proceeding further we consider it necessary to observe that

there has been a definite shift in the Court‟s approach while interpreting

the rent control legislations. An analysis of the judgments of 1950s to

early 1990s would indicate that in majority of cases the courts heavily

leaned in favour of an interpretation which would benefit the tenant-

Mohinder Kumar Vs. State of Haryana, (1985) 4SCC 221,

Prabhakaran Nair Vs State of Tamil Nadu, (1987) 4SCC 238, D.C.

Bhatia Vs Union of India, (1995) 1SCC 104 and C.N. Rudramurthy

Vs. K. Barkathulla Khan, (1998) 8 SCC 275. In these and other cases,

the Court consistently held that the paramount object of every rent control

legislation is to provide safeguards for tenants against exploitation by

landlords who seek to take undue advantage of the pressing need for

accommodation of a large number of people looking for a house on rent

for residence or business in the background of acute scarcity thereof.

However, a different trend is clearly discernible in the later judgments.”

Although, the approach of the courts have been to provide an equal

treatment to both the sides but at the same time, it cannot be forgotten that

the landlord invests his hard earned money and the earning of his whole

life in purchase of a property with a view to safeguard his future, while

the tenant by paying a meagre amount of rent enjoys the facility of that

property. The stake of the landlord is much more as compared to the

tenant. Therefore, in the opinion of the Commission, the interest of the

landlord should be of prime concern for the reason that the tenant can

take a rented building at any other place of his choice but it may not be

possible for the landlord to purchase another building for his residence or

livelihood.

Hon‟ble the Apex Court in Mohammad Ahmad and Anr. vs. Atma

Ram Chauhan and others, Civil Appeal No. 4422 of 2011 decided on

May 13, 2011 has held that the increase in the dispute between landlord

and tenant is due to the reason that the landlords are not getting

reasonable rent akin to market rent. Hon‟ble the Apex Court in the

aforesaid judgment has fixed some guidelines and norms for such type of

litigation so as to minimize landlord and tenant litigation at all levels.

These guidelines are as follows:-

(i) The tenant must enhance the rent according to the terms of the

agreement or at least by ten percent, after every three years and

enhanced rent should then be made payable to the landlord. If the

rent is too low (in comparison to market rent), having been fixed

almost 20 to 25 years back then the present market rate should be

worked out either on the basis of valuation report or reliable

estimates of building rentals in the surrounding areas, let out on

rent recently.

(ii) Apart from the rental, property tax, water tax, maintenance

charges, electricity charges for the actual consumption of the

tenanted premises and for common area shall be payable by the

tenant only so that the landlord gets the actual rent out of which

nothing would be deductible. In case there is enhancement in

property tax, water tax or maintenance charges, electricity charges

then the same shall also be borne by the tenant only.

(iii) The usual maintenance of the premises, except major repairs

would be carried out by the tenant only and the same would not be

reimbursable by the landlord.

(iv) But if any major repairs are required to be carried out then in that

case only after obtaining permission from the landlord in writing,

the same shall be carried out and modalities with regard to

adjustment of the amount spent thereon, would have to be worked

out between the parties.

(v) If present and prevalent market rent assessed and fixed between

the parties is paid by the tenant then landlord shall not be entitled

to bring any action for his eviction against such a tenant at least

for a period of 5 years. Thus for a period of 5 years the tenant shall

enjoy immunity from being evicted from the premises.

(vi) The parties shall be at liberty to get the rental fixed by the official

valuer or by any other agency, having expertise in the matter.

(vii) The rent so fixed should be just, proper and adequate, keeping in

mind, location, type of construction, accessibility with the main

road, parking space facilities available therein etc. Care ought to

be taken that it does not end up being a bonanza for the landlord.

It is not so that the subject of Urban Buildings Rent Control is

being considered for the first time by the State Law Commission. The

third State Law Commission headed by Hon’ble Mr. Justice

S.N.Sahai had also considered the subject and had submitted its report on

18.02.1997. In that report, various amendments were recommended after

considering the rent laws of various States of the country and on the

subject of increase of rent, regulation of eviction, simplification of

procedure and other aspects, has recommended following suggestions

which are enumerated in Chapter VI of the report dated 18.02.1997. For

the sake of convenience, the summary of recommendations is reproduced

as under:-

“6.1 In the light of the suggestions made in the report, the

recommendations of the Commission, in brief, are as follows:

(1) After omitting the second proviso of section 2(2), a provision be

added in the original section that nothing in the Act shall apply to a

building, the construction of which has been completed on 26 April 1985 or

thereafter, during a period of 40 years from the date of completion of its

construction. (page-10, Para- 2.2)

(2) In the first proviso to Section 2(2), a provision be substituted that

where the construction of any building has, substantially, been made out of

funds obtained by way loan or advance from the government or life

Insurance Corporation of India, or a bank or a co-operative society or Uttar

Pradesh Avas Evam Vikas Parishad, then :

(a) if the construction of the building has been completed before

26 April 1985, then nothing in the Act shall apply to such building

during a period of 10 years from the date of construction or of

repayment of such loan or advance, whichever is later, and

(b) if the construction of the building has been completed on 26

April 1985 or thereafter, then nothing in the Act shall apply to such

building during a period of 40 years from the date of construction or of

repayment of such loan or advance, whichever is later. (Page-11, para-

2.3)

(3) Section 9-A be repealed on account of its being of no utility and,

consequentially, the words and figures "or section 9-A" be omitted from

section 10. (Page- 12, para- 2.4)

(4) (a) Section 5 of the Act be omitted owing to its being

ineffective,

(b) The landlord, subject to a contract to the contrary, be

given a right to make, suo motu, after 5 years of the date of

beginning of the tenancy and, thereafter, at an interval of every 5

year, 10 per cent increase in the rent of the residential buildings

and 15 per cent increase in that of the commercial building, after

a registered notice of such increase to the tenant, (pages- 19, 20,

21m paras- 3.6, 3.7, 3.9)

(c) After omitting both the provisions of Section 21 (8), the

similar provisions be not incorporated in amended section 20 and

(page- 21, para- 3.10)

(d) In the light of the Amendment Act No. 28 of 1976, the

words "unless the prescribed authority is satisfied that the

landlord is a person to whom clause(ii) or clause(iv) of the

Explanation to sub-section (1) is applicable" be omitted and

similar provision be not incorporated in amended Section 20

(page -21, para- 3.10)

(5) (a) After amalgamation of the provisions of Section 20 and

Section 21, only one section be retained and Section 21 be repealed, (page-

33, para- 4.10)

(b) The procedure relating to institution of suit for eviction of a

tenant and the jurisdiction of Civil Courts in respect of such suits

may be abolished and, in respect of eviction orders passed under

Section 20(2), the obligation to obtain an order of release under

Section 16 may be dispensed with, (page 33, para- 4.10)

(c) After abolishing the entire procedure of suit, under the

general law, for the eviction of tenant, and that of appeal, revision

and execution relating thereto, a simplified procedure be laid down

in its place and for making the procedure simple and easy, the

provisions be made therein, through a new sub-section of Section,

20, about signing and verifying of the application, documents and

affidavits to be submitted therewith, types/ service of notice to be

issued in relation to the application, nature and extent of the

reasonable opportunity of hearing to the parties, restraints on stay

orders and details of the time-bound procedure for disposal of the

applications, (page-33, para- 4.11)

(d) After omitting the proviso of Section 20(1), the provisions

relating to eviction mentioned therein be inserted separately in the

serial of specified reasons (page-33, 34, para- 4.11)

(e) Attestation of the compromise or adjustment as referred to

in the proviso to Section 20(1) by the notary or any other public

authority should be made compulsory in a corresponding

provision. ((Page-34, para- 4.11)

(f) The necessity of giving notice to the tenant for the

termination of tenancy, before the institution of suit on grounds

specified in various clauses of Section 20(2) be done away with,

(page-34, para- 4.12)

(g) The necessity of giving notice of demand under clause

(a) of Section 20(2) be done away with, (page-34, para- 4.19)

(h) The provision relating to "illegal or immoral purpose,"

given in the latter part of clause (d) of Section 20(2) be assigned a

separate clause, (page-53, para- 4.28)

(i) The provision relating to "different/inconsistent purpose,"

given in the earlier part of clause (d) of Section 20(2) be qualified

by a period of four months, subject to the terms of a contract to the

contrary, (page-33, para- 4.28)

(j) In clause (e) of Section 20(2), apart from sub-tenancy,

one more ground for eviction be inserted that the tenant has

transferred his rights, inter vivos or by will, without the written

permission of the landlord, (page-61, para- 4.34)

(k) The situation of non-occupation, continuously, for a

period of four months, without reasonable cause, be, also,

specified as a ground for eviction in Section 20(2), (page-63,

para- 48)

(l) A provision in a separate clause be made in Section 20(2)

that if any order for demolition of the building has been made by

any public authority, which is legally final and enforceable, then

on this ground also the landlord can apply to the prescribed

authority for the eviction of tenant from the building or its

specified portion, (page- 65, para- 4.40)

(m) The period of deposit/ payment of rent etc. due from the

tenant be computable, in Section 20(4), not from "the first

hearing," but from a date as may be fixed by the prescribed

authority and , at the same time, a provision be, also, added in

Section 20(4) that in the case of an ex-parte order for eviction,

three months' time shall be given for its execution, with the rider

that if the tenant deposits the whole of the decretal amount within

that period before the prescribed authority, then that order shall

not be liable to be executed and (page-44, para- 4.20 and Page-77,

para- 4.50)

(n) The provisions relating to the striking-off of defence of

the tenant-defendant by the court in the case of non-deposit of the

admitted amount and interest thereon before or on the date fixed

under Order XV, rule V of the Code of Civil Procedure be

incorporated, with the necessary modifications, as an independent

sub-section of Section 20 (page-78, para- 4.52)

(6) (a) In place of the ground for eviction available in clause (a) of

Section 21 (1), a corresponding provision in Section 20 be inserted

only to the effect that the landlord, on requiring the building

bonafide for occupation, can get the tenant evicted from the whole

building or any specified portion thereof, (page- 65, para- 4.39)

(b) In place of the ground stated in clause (b) of Section

21(1), a corresponding provision in Section 20 be inserted only to

the effect that if the building is in dilapidated condition and is

required for the purpose of demolition, then the order of eviction

of the tenant can be made on the application of the landlord,

(page- 65, para- 4.40)

(c) In Section 20, after the provision corresponding to

Section 21(1) (b), a provision be also made that if, after the

eviction of tenant, the building is not demolished within a

specified period, then after considering the condition of the

building and merits of his application the tenant can be placed in

occupation and proper punitive and other action can be taken

against the landlord, (Page-66, para- 4.40)

(d) No provision corresponding to the fourth proviso to

Section 21(1) pertaining to "comparative hardship" be had in

amended Section 20 (Page - 67, 68, para- 4.41_

(e) In the provisions of Section 20 corresponding to Section

21 (1-A) :

(i) It may be provided in the later part of the

provision, which relates to the satisfaction of the prescribed

authority, that the landlord of such building was in

occupation, or was entitled for occupation, of a public

building for residential purposes (page-71, para 4.48)

(ii) Other consequential amendments be made in the said provision

(page- 71, para- 4.48)

(iii) Apart from the cessation of employment, even on the

death of employment, , his/her widow/ widower/ members of

the family be entitled to give an application for the eviction of

tenant from any rented building, and (page- 71, para- 4.48)

(iv) if there are more than one house of the landlord in a

place or specific locality, then this provision be also added that

the provisions of sub-section (1-A) shall apply to one building

only. (Page-71, para- 4.48)

(f) As in Section 21(6), a similar provision be made under

Section 20, empowering the prescribed authority to grant, on

passing an order for eviction, three month's time to the tenant

for vacating the building. (Page - 69, para- 4.42)

(7) The commission is of the view that the aggrieved party should have

a right to prefer an appeal to the District Judge against the Judgement of the

prescribed authority in an eviction case. It may be provided in the Act that

the appeal shall be decided in accordance with the prescribed procedure

and the appellate decision shall be final. (Page-33, Para 4.10 and Page- 79,

para 5.2)

(8) If the commission considers to make some other suggestions for

necessary amendments, a report shall be sent again in future.”

Again in the year 2010, Sixth State Law Commission headed by

Hon’ble Mr. Justice V.C.Misra has submitted its Sixth Report, 2010 by

its letter dated 18.06.2010 for repealing the Uttar Pradesh Urban

Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 and

enacting a fresh legislation on the subject. It was expected that it will

increase the housing sector, balance the interest of landlord and tenant

and ease the litigation. More than eight years have passed since then but

it appears that no action has been taken on that report. As the covering

letter of Sixth Report, 2010 of the Sixth State Law Commission mentions

that Hon‟ble Allahabad High Court vide judgement dated 31.07.2009

passed in Civil Misc. Writ Petition No. 44345 of 2005, Amarnath Gupta

vs. Rent Control and Eviction Officer and others, made a reference to

the U.P. State Law Commission for compliance of the judgment of Milap

Chandra Jain case by which certain provisions of U.P. Act No. 13 of

1972 were declared ultra vires of the Constitution of India by Allahabad

High Court and the State Government was directed therein to enact a

proper legislation at the earliest.

As far as the compliance of judgment of Milap Chandra Jain and

others vs. State of U.P. and others, 2001 (2) ARC 488 decided on

12.09.2001 is concerned, that was a decision of Hon‟ble Single Judge.

The law laid down in Milap Chandra Jain (supra) was not approved by

Hon‟ble Division Bench of Allahabad High Court in Civil Misc. Writ

Petition No. 50870 of 2004 Neena Jain and Others vs. State of U.P. and

another decided on 04.04.2014 in which the Division Bench has held as

under:-

“The ratio of the Judgments of learned Single judges in Milap

Chandra Jain (I) and Milap Chandra Jain (II) is not correct. The

reasoning given in these judgments based upon Mailpe Vishwanath

Acharya’s case (supra) in which the Supreme Court even in the extreme

conditions, where rents were pegged to the year 1940 did not choose to

strike down the Act, is held to be invalid. Learned Single Judge deciding

these cases failed to notice the settled law that unreasonableness, which

is a relative term, in the absence of any challenge to legislative

competence and the provisions of the Act being violative of fundamental

rights, cannot be accepted as grounds to challenge the validity of any Act,

or its provisions. The judgments in Milap Chandra Jain-I and Milap

Chandra Jain-II are thus held to be bad in law.”

It may be mentioned that the Hon‟ble Single Judge of Allahabad

High Court decided Milap Chandra Jain (first case) on 12.09.2001 while

the same reasoning was followed by Hon‟ble Single Judge of Allahabad

High Court in Milap Chandra Jain (second case) decided on 03.02.2014.

The decision of Division Bench is of 04.04.2014 in which the law laid

down by Milap Chandra Jain (first case) and Milap Chandra Jain (second

case) has been declared to be bad in law. Meaning thereby that the ratio of

judgments of Milap Chandra Jain (first) and Milap Chandra Jain (second)

is no more applicable.

One more aspect for prolonged litigation is the death of landlord or

death of the tenant. After the death of landlord, the bonafide questions are

raised regarding succession while upon the death of tenant, although the

provisions are clear that only such persons shall continue in the tenancy

who normally resided with the deceased-tenant in the building at the time

of his death. While for non-residential building, all the heirs are treated as

tenant.

The Sixth State Law Commission in its Sixth Report regarding Uttar

Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act,

1972 proposed a new Legislation with the following conclusions. For the

sake of convenience, the said conclusions are reproduced here as follows:-

“5.1 The above discussions clearly shows that with other

problems rent control is a major urban problems, with the

industrial development and decentralization of infrastructure of

different sectors, it is further getting momentum. This is

because in any rental housing marker, there are several other

factors also in operation, which have a major influence on

supply, demand and prevalent rents. But at the same time it has

to be admitted that any form of price control is undesirable, as

most economist agree, all rent controls should be abolished.

5.2 Some suggestions have also been made that what is

the need of Rent Control Act; they argued that in free market

there is no need for such enactment. But after going through

various judgements of Hon‟ble Apex Court and High Courts

and in view of above discussions we are constrained in our

action towards complete deregulation by the other variables,

which operate in any urban housing scenario. Thus the idea of

immediate banishment of rent controls must be dropped. The

questions that need to be answered first are that will the

pressing problems that exist in areas of this State go away with

rent control deregulation? Are there other factors that need to

be addressed simultaneously for rent control deregulation to

really have the desired effects? These questions gain extra

importance when we consider the other factors working behind

and supply in rental housing markets. Some of these factors

two like rural – urban migration, population growth, urban

infrastructure, bottlenecks, land availability, its distribution

between public and private uses, mass transportation shortages

etc. What really is needed a step by step approach. And the

ideal first step could be to reform our existent Rent Control

Law instead of vouching for

complete deregulation of rent. Despite the circulation of a

model rent control law to the state with other State by the

Central Government in 1992 and judgements in Milap

Chandra Jain Case and Amarnath Gupta Case, by the

Allahabad High Court, nothing of note has been done with

regard to reforming the existent law except amending the U.P.

Act No. 13 of 1972 vide U.P. Act No 5 of 1995 on the basis of

recommendations made under the Model Rent Control Law,

and by which any building, whose monthly rent exceed Rs.

2000/- with certain other buildings were exempted, but it could

not give the fruitful result as main object of the model Rent

Control Law and recommendations of expert bodies such as the

Economic Administrative Reform commission and the National

Housing Commission on Urbanization could not be achieved so

far.

5.3 Thus, Commission is of the view that instead of

incessant rhetoric about complete and immediate deregulation,

what is needed is a methodical approach towards reforming the

existent rent control laws and bring them upto respectable

standards. And instead of relying completely upon examples of

other countries where deregulation has worked, empirical

research and quantification of the relationships needs to be done

between the various factors working behind the scenes in the

rental housing market, and the impact deregulation is likely to

have on these factors. Therefore it is considered necessary and

expedient to propose major changes in the present rent control

act, to provide for regulation of rent and eviction in the spirit of

modern economy in a manner more suited to our state. As the

amendments are extensive and substantial in nature, the

Commission feels that, instead of making changes in the U.P.

Act No. 13 of 1972 it will be better to repeal and replace the

said act by enacting fresh legislation.

5.4 A question was raised in the seminar that the present U.P. Rent

Control Act is pro tenant therefore balance should be maintained

between the landlord and tenant while amending the present law or

enacting a new legislation. This argument has support with the

observation of Hon‟ble Supreme Court in Satyawati Sharma

Case that there has been a definite shift in the court‟s approach

while interpreting the rent control legislation. An analysis of the

judgements of 1950s to early 1990s would indicate that in majority

of cases the court heavily leaned in favour of an interpretation

which would benefit the tenant. In these cases the Court

consistently held that the paramount object of every rent control

legislation is to provide safeguards for tenants against exploitation

by landlords who seek to take undue advantage of the pressing

need for accommodation of a large number of people looking for a

house on rent for residence or business in the background of acute

scarcity thereof. However, a different trend is clearly discernible in

the later judgments. In Jugindar Pal case Hon‟ble Apex Court

have observed that the courts have to adopt a reasonable and

balanced approach while interpreting rent control legislation

starting with an assumption that an equal treatment has been meted

out to both the sections of the society. In spite of the overall

balance tilting in favour of the tenants, while interpreting such of

the provisions as take care of the interest of the landlord the court

should not hesitate in leaning in favour of the landlords. Such

provisions are engrafted in rent control legislations to take care of

those situations where the landlords too are weak and feeble

humble. In State of Maharashtra and Anr. Vs. M/S Super Max

International Pvt. Ltd. & Ors. Hon‟ble Apex Court emphasize

the need for a more balanced and objective approach to the

relationship between the landlord and tenant. This is not to say that

the Court should lean in favour of the landlord but merely that

there is no longer any room for the assumption that all tenants, as

a class, are in dire circumstances and in desperate need of the

Court‟s protection under all circumstances.

5.5 Chapter- IV of U.P. Act 13 of 1972 which deals with

regulation and eviction, but it is general perception that in the

present scenario building could not be got vacated easily even on

bonafide personal need, therefore recourse is being taken by the

landlord to other scrupulous method to seek eviction of tenant.

These methods which are adopted are outside the four corners of the

law and are slowly giving rise to a state of lawlessness where, it is

feared, the courts may become irrelevant in deciding disputes

between the landlords and tenants. The Commission is also of the

view that in U.P. certain other factors, which will be dealt later, are

also responsible for above situation. Therefore in the proposed

legislation Commission has proposed such provisions for ejectment

which are reasonable and balanced.

5.6 It is also argued that present rent Act is static as rent is freezed

at the level of 1972 or on the date of first letting, and very low

returns in investment, and has adversely affected investment in

rental housing, and caused deterioration of the rental housing stock.

In this regards a number of expert bodies such as the Economic

Administration Reforms Commission and the National Commission

on Urbanization have recommended reform of the rent legislation in

a way that balances the interests of both the landlords and tenants,

and also stimulates future construction. In Malpe’s case Hon‟ble

Apex Court considered the question whether determination and

fixation of rent under the Bombay Rents, Hotel and lodging House

Rates Control Act, 1947, by freezing or pegging down of rent as on

01-09-1940 or as on the date of first letting was arbitrary,

unreasonable and violative of Article 14 of the Constitution. The

three –Judges Bench answered the question in affirmative but

declined to strike down the provisions concerned on the ground

that the same were to lapse on 31-03-1998. In Milap Chandra Jain

case almost similar matter was before the Hon‟ble Allahabad High

Court in which on the basis of Malpe’s Case while declaring

sections 3(k),4(2),5,6,8 and 9 of U.P. Act No. 13 of 1972 as ultra

vires of the Constitution of India observed that I am of the view that

the control of ejectment and not permitting to enhance the rent with

the price index highly unreasonable. The control of eviction is the

matter of policy of the Government due to the shortage of

accommodation but the control of rent at the level of 1972 in some

classes of tenants can not be the policy of the State, and it being

unreasonable unfair and unequal is liable to struck off.

5.7 The Commission does not want the rent to be static. It

feels that there is immediate need for periodical upward revision of

rent of residential and non-residential premises, whether existing

tenancies or new tenancies. To meet this situation Commission has

proposed revision of rent in respect of existing and new tenancies.

It is provided that after the commencement of the proposed

legislation in case of new tenancy, rent of premises shall be

payable as agreed to in between the parties. It shall be increased at

the rate of 5% and 7% per annum in case of residential and non-

residential premises respectively and the amount of increased of

rent shall be compounded on an yearly basis. In case of old

tenancy, where premises have been let out before the

commencement of this Act, the rent shall be increased at the

aforesaid rate and the amount of increase of rent shall be

compounded on an yearly basis. If the premises have been let out

prior to 1st January, 1950 it shall be deemed to have been let out on

1st January, 1950 and the rent shall be liable to be increased since

then at the aforesaid rates per annum in similar manner upto the

year of commencement of this Act.

5.8 In the present Act Chapter-III provide regulation of letting. Ss

11 to 19 deal with the provisions of prohibition of letting without

allotment order, deemed vacancy of building in certain cases,

restrictions on occupation of building without allotment or

release, regularization of occupation of existing tenants,

obligation to intimate vacancy to District Magistrate, allotment

and release of vacant building, condition of making allotment

order, appeal against order of allotment or release and re-

allotment in event of Landlord abusing release order respectively.

Under these provisions District Magistrate has been given the

sole power to declare the vacancy and allot the building to the

tenant. Any persons aggrieved by a final order under any of the

said sections may, within 15 days from the date of such order,

prefer a revision to the District Judge on the grounds mentioned

under section 18 of the Act. During the Seminar and various

responses received on the questionnaire it is alleged that these

provisions are misused and consequently litigations have

multiplied because normally genuine claimants are not able to get

the vacant building under tenancy only influential persons are

able to get the building allotted in their favour at a very low rent.

Concerned authorities used to work in arbitrary manner,

consequently certain influential persons have got allotted certain

properties in urban areas and different District Headquarters at

very low rent.

5.9 According to experts, Rent Control Laws are

responsible for degeneration of the quality of life in civic

habitation. Tenants residing could not be evicted for a long time

and would not surrender their cheap tenancies on their own

volition. The renovation of building could hardly happen. One

such Act favouring the rental property market is the Rent control

Act.

5.10 Commission is of the view that it is not a healthy

practice in the free economy. These provisions are also not get

favour from the model Rent Control legislation circulated by

Government of India in 1992 and recommendation of the

Economic Administrative Reforms Commission and the National

commission on Urbanization. Therefore said provisions have no

relevance in the present scenario. With certain genuine and

reasonable restrictions every person has right to let his building

to any person at market rent. Consequently Commission in its

proposed legislation has provided that no person shall let or take

on rent any premises except by an agreement in writing and

landlord to compulsorily register tenancy with the liability of

being deprived of benefits of the protection of the Act of non

tenancy and landlord shall provide a copy of such tenancy

agreement to the Police Station concerned, for their verification,

if they so needed. It will help to improve the law and order

situation also because it is general policy of the State that if any

building is occupied by a tenant it should be informed to the

Police Station concerned on the same pattern as any person has a

domestic servant. It is in consonant with the model Rent Control

legislation and said expert body‟s recommendations.

5.11 It is general complaint that landlords are not giving a

receipt for rent payable to and received by them while they are

bound to do so. In this regard under present Rent Act section 26(4)

is there which provides that the landlord shall give to the tenant a

receipt for rent payable to and received by him. It has been noticed

that there are large numbers of litigations on this point because

tenants are not being provided receipt of payment of rent, taking

the benefit landlord claims that particular person is not his tenant

while alleged in mind all these things Commission has made a

mandatory provision in this regard.

5.12 In the present Rent Act under sub-section (1) of section 2

clause (g) was inserted by U.P. Act No. 5 of 1995, by which any

building, whose monthly rent exceeds two thousand rupees was

exempted. During seminar it was argued that it should be raised to

four or five thousand rupees. The Model Rent Control Legislation

recommended that provision for exemption to residential and non-

residential premises carrying more than a specified rental value

ranging from Rs 1500/- to Rs 3500/- per month as may be

specified by the State and mandatory provision for such exemption

on a city wise basis be made by the State. The Commission gave

its anxious thought on the issue and finds that this provision should

not continue as it is discriminatory, particularly when compulsorily

registered tenancy is provided in the proposed legislation. In

Rattan Arya and Others. Vs. State of Tamil Nadu and another,

(1986) 3 SCC 385, Hon’ble Supreme Court had to consider the

validity of Section 30 (ii) of the Tamil Nadu Buildings (Lease and

Rent) Control Act, 1960 which provided that tenants of residential

building being monthly rent exceeding Rs. 400 were exempted

from the protection of the Act whereas no such restriction was

imposed in respect of tenants of non-residential buildings under the

said Act. Holding that the tenants of the residential buildings

required greater protection and that there was no justification in

picking out the class of tenants of residential buildings paying a

rent of more than Rs. 400/- per month and to deny them the right

conferred generally on all tenants of buildings, residential or non-

residential, and for this reason holding Section 30 (ii) of the Said

Act as being violative of Article 14, it was observed as follows:

“It certainly cannot be pretended the provisions is intended to

benefit the weaker sections of the people only. We must also observe

here that whatever justification there may have been in 1973 when

section 30 (ii) was amended by imposing a ceiling of Rs. 400 on rent

payable by tenants of residential buildings to entitle them to seek the

protection of the Act, the passage of time has made the ceiling utterly

unreal. We are entitled to take judicial notice of the enormous

multifold increase of rents throughout the country. Particularly in

urban areas. It is common knowledge today that the accommodation

which one could have possible got for Rs. 400 per Month in

1973 will today cost at least five times more. In these days of

universal, day to day escalation of rentals any ceiling such as that

imposed by Section 30 (ii) in 1973 can only be considered to be

totally artificial and irrelevant today. As held by the Supreme Court

in Motor General Traders v. State of Andhra Pradesh, AIR 1984

SC 121, a provision which was perfectly valid at the commencement

of the Act could be challenged later on the ground of

unconstitutionality and struck down on that basis. What was once a

perfectly valid legislation, may in course of time, become

discriminatory and liable to challenge on the ground of its being

violative of Article 14. In synthetic and Chemicals Ltd. Case Apex

Court observed that restriction valid under one circumstance may

become invalid in changed circumstances.

5.13 In the present Rent Control Act sub-section (2) of section 2

runs as follows:-

(2) 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) 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.

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 advances (including interest), whichever is

shorter.

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 a reference to a

period of (forty years) from the date on which its construction is

completed.

5.14 It is clear from the aforesaid provision that where the

construction of a building is completed on or after 26-04-1985

then such building is exempted from the purview of the Act for forty

years and in other conditions as stated in the provision different

period of exemption is given. On these grounds it was argued in the

Seminar that either this exemption period be retained or extend the

period. Almost similar provision was under challenge before the

Hon‟ble Apex Court in Motor General Traders V. State of A.P.,

AIR 1984 SC 121, wherein validity of Section 32 (b) of the A.P.

Buildings (Lease, Rent and Eviction) Control Act, 1960 was

considered. By that section it was declared that the provisions of the

main Act will not apply to the buildings constructed after 26-08-

1957. The Court noted that exemption had continued for nearly a

quarter century and struck down the same despite the fact that

validity thereof had been upheld by the High Court in Chintapalli

Achaiah Vs. P. Gopalakrishna Raddy, AIR 1966 A.P.51. Some of

the observations made in the judgment are worth noticing. These are:

“16. What may be unobjectionable as a transitional or

temporary measure at an initial stage can still become discriminatory

and hence violative of Article 14 the Constitution if it is persisted in

over a long period without any justification.”

“24.------ What was justifiable during a short period has turned

out to be a case of hostile discrimination by lapse of nearly a quarter

of century.------. We are constrained to pronounce upon the validity

of the impugned provision at this late stage because the garb of

constitutionality which it may have possessed earlier has become

worn out and its unconstitutionality is now brought to a successful

challenge.”

“24.------. As already observed, the landlords of the buildings

constructed subsequent to 26-08-1957 are given undue preference

over the landlords of buildings constructed prior to that date in the

former are free from the shackles of the Act while the latter are

subjected to the restrictions imposed by it. What should have just an

incentive has become a permanent bonanza in favour of those who

constructed buildings subsequent to 26-08-1957. There being no

justification for the continuance of the benefit to class of

persons without any rational basis whatsoever, the evil effects

flowing from the impugned exemption have caused more harm to

the society than one could anticipate. What was justifiable during a

short period has turned out to be a case of hostile discrimination by

lapse of nearly a quarter of century. The second answer to the above

contention is that mere lapse of time does not lend constitutionality

to a provision which is otherwise bad. Time does not run in favour

of legislation. If it is ultra vires, it cannot gain legal strength from

long failure on the part of lawyers to perceive and set upon its

invalidity. Albeit, lateness in an attack upon the constitutionality of a

statute is but a reason for exercising special caution in examining the

arguments by which the attack is supported.”

5.15 Model Rent Control Law recommended that premises for a

period of fifteen years whether newly constructed or otherwise

where the premises have not been under tenancy for seven years or

more after the last tenancy be exempted. In this respect in Housing

Ministers conference held on 21/22-05-1987 under resolution

number IV it was resolved unanimously that “exemption from the

provisions of the Act of new construction less than five years”.

Unanimous recommendation of the Chief Ministers conference held

on 09/03/1992 on the subject also approved the said resolution of

Housing Ministers conference. In Prabhakaran Nair case section

(16(2) of Tamil Nadu buildings (Lease and Rent Control) Act, 1960

was also under challenge before the Apex Court which provides that

when a building is totally demolished and on which a new building

is erected shall be exempted from all the provisions of the Act for a

period of five years. Hon‟ble Apex Court observed that the

exemption to be allowed must be for a reasonable and a definite

period. An exemption for a indefinite period or a period which in the

facts and circumstances of any particular case may be considered to

be unduly long, may be held to be arbitrary. The exemption must

necessarily be effective from a particular date and must be with the

object of promoting new constructions. Hon‟ble Apex Court further

observed that the principle underlying such exemption for a period

of five year is not discriminatory against tenants nor it is against the

policy of the Act.

5.16 In the light of above observations Commission is of the

view that after construction of new building exemption from

operation of the Act should not be there as landlord is free to charge

the rent from the tenant at market rate and he is also at liberty to let

his building to any person as he likes under the provisions of the

proposed legislation. Above provisions in the present Act is

incorporated at the time when vacancy was declared and it was

allotted by the District Magistrate to any person against the wishes

of the landlord at low rent. As stated earlier what may be

unobjectionable as a transitional or temporary measure at an initial

stage can still become discriminatory and hence violative of article

14 of the Constitution if it is persisted in over a long period without

any justification. (Motor General cases)”.

5.17 In view of above discussions and various points raised at

seminar and different meetings and responses received on the

questionnaire the Commission is of the view that new legislation be

made by the State Government instead of amending the present Act

some of the main features of the proposed legislation are as under:-

1. Its application is restricted to such premises situated at

district headquarter and other areas having a population

exceeding one lac as per 2001 census.

2. Certain premises have been exempted from operation of

the Act.

3. No person shall let or take on rent any premises except

by an agreement in writing.

4. Landlord to compulsorily register tenancy with the

liability of being deprived of benefits of the protection

of the Act for non-registration of tenancy.

5. Tenancy is made inheritable to a limited extent for a

period of three years, except as otherwise agreed to in

between the parties.

6. After the commencement of this Act, in case of new

tenancy, rent of premises shall be payable as agreed to

in between the parties. It shall be increased at the rate

of 5% and 7% per annum in case of residential and non-

residential premises respectively and the amount of

increase of rent shall be compounded on an yearly

basis. In case of old tenancy, where premises have been

let out before the commencement of this Act, the rent

shall be increased at the aforesaid rate and the amount

of increase of rent shall be compounded on an yearly

basis. If the premises have been let out prior to 1st

January, 1950 it shall be deemed to have been let out on

1st January, 1950 and the rent shall be liable to be

increased since then at the aforesaid rates per annum in

similar manner upto the year of commencement of this

Act.

7. The tenant shall be liable to pay to the landlord, besides

the rent, charges for amenities and its maintenance.

8. Landlord shall be liable to give rent receipt to the

tenant.

9. Protection of tenants against eviction. Tenant may be

evicted on the grounds mention in the Act. Procedure

for eviction of tenants is provided separately.

10. Restriction on sub-letting.

11. Procedure of litigation is simplified and two tier system

is made. Petition/ application shall be filled before the

Rent tribunal, which shall be presided over by Civil

Judge (Senior Division) and having atleast seven years

judicial experience and appeal before the appellate Rent

Tribunal which shall be presided over by a member of

Uttar Pradesh Higher Judicial Service having atleast

five year experience as such on prescribed form and its

order shall be final.There shall

no appeal/ revision against the orders of the appellate

Rent Tribunal.

12. Jurisdiction of Civil Courts is barred in relation to the

rent matters.

13. Summary procedure for proceedings before the tribunal

is provided.

14. Time limit has been prescribed for disposal of cases.

15. Right to recover immediate possession to certain

specified categories of population like retiring/retired

persons in armed forces or paramilitary forces and other

Government servants, widows of persons in armed

forces or paramilitary forces and such other categories

as the State Government may decide. Procedure for

immediate possession is provided separately.

16. Tribunal to promote negotiated settlement of disputes

between landlord and tenant at any stage of litigation.

17. Landlord have the right to inspect the premises.

18. Landlord to keep the premises in good and tenantable

repairs.

19. Landlord to be responsible for all major structural

repairs required; the tenant to responsible for day-to-

day maintenance and repairs.

20. On termination of tenancy, tenant to restore the

premises in as good a condition as it was at the time of

entry.

21. No wilful cutting off or withholding of essential

supplies or services enjoyed by the tenant in the

premises let to him.

5.18 Accordingly, this report is being submitted by the

Commission to the State Government for a new Legislation

titled the Uttar Pradesh Regulation of Rent and Eviction Act,

2010, to encourage the housing sector and to fulfil the main

object of the Model Rent Control Legislation and

Recommendation of expert bodies such as the Economic

Administration Reforms Commission and the National

Commission on Urbanization and to balance the interest of

both the landlord and tenant. The market forces should be

allowed to determine the rental amounts and the owner must

have full protection for his/her property. This will go a long

way in providing security to landlord. if the law is enacted and

strictly enforced there is every chance that more investor will

want to enter the real estate market to utilize the rental fees as

income. This is especially true for the commercial sector.”

Hon’ble Mr. Justice V.C.Misra Commission also made the

following recommendations:--

“6.1 The question that stares into the face is whether some

peripheral reform/ changes in the present Rent Act would improve

the situation or a radical departure is necessary. There is little scope

for improvement or reform by some changes in the present Rent Act.

The Commission does not want the rent to be static, it feels that

there is immediate need for periodical upward revision of rent,

registration of tenancy and establishment of Rent Tribunal etc.

Therefore it is considered necessary and expedient to propose major

changes in the present rent control act, to provide for regulation of

rent and eviction in the spirit of modern economy in a manner more

suited to our state. As the amendments are extensive and substantial

in nature, Commission is of the view, instead of making changes in

the U.P Act No. 13 of 1972, it is proposed to repeal and replace the

said act by enacting fresh legislation.

6.2 In the light of discussions in forgoing chapters we

proposed to give our following recommendations, keeping in mind

the terms of reference made by the Hon‟ble Allahabad High Court

and the State Government, discussions at seminar and various

meetings held by the Commission and observation of the Apex

Court and High Courts in various judgements as stated earlier.

6.3 We are drafting a model law on the rent control titled “the

Uttar Pradesh Regulation of Rent and Eviction Act, 2010,” for the

State. It may be noted that under the Constitution of India, rent

control is a state subject as the subject of land, including the relation

of landlord and tenant, is comprised in entry 18 of the State List of

Seventh Schedule of the Constitution. Thus, the enactment and

enforcement of Rent Control Law is the responsibility of the

State. As stated earlier, instead of amendments in the present U.P.

Rent Control Act, it is proposed to repeal and replace the said Act by

enacting fresh legislation, as the amendments are extensive and

substantial in nature and to achieve the main object of the Model

Rent Control Legislation, 1972 of Government of India

recommendations of the Economic Administrative Reform

Commission and, the National Housing Commission on

Urbanization.

1.4 We recommend that:-

In view of the Commission, the proposed legislation

should have the following provisions:-

Clause 1– Short title, extent, application and commencement.

Clause 2- Definitions of words used in various clauses.

Clause 3- Exemption of certain categories of premises and

Tenanciesfromthe purview oftheproposed

legislation.

Clause 4(1)- Creation of tenancy compulsorily to be written

Agreement.

(2) Compulsory registration of all written agreement

of tenancies.

Clause 5- Limit the inheritability of tenancies.

Clause 6- Rent payable and its enhancement and revision.

Clause 7- Formula of enhancement and revision of rent in

respect of existing tenancies.

Clause 8- Formula of enhancement and revision of rent in

respect of new tenancies.

Clause 9- Liability of tenant to pay the other charges, beside

the rent.

Clause 10- Time by which, tenant to pay the rent and other

charges to the landlord and it shall be mandatory

duty of the landlord to give a written and signed

receipt for the amount paid to him.

Clause 11- Conditions under which tenant may deposit rent or

other charges with Rent Tribunal.

Clause 12- Time limit for making deposit under clause 11 and

consequence of incorrect particulars in application

for deposit.

Clause 13- Saving as to acceptance of rent and other charges

deposited under clause 11.

Clause 14- The tenant shall not be evicted except the grounds as

provided under the clause.

Clause 15- Right of landlord to recover immediate possession in

certain cases.

Clause 16- Restriction on sub-letting.

Clause17- Duty of Rent Tribunals where dispute of relationship

of landlord and tenant arises.

Clause 18- Tribunals to promote negotiated settlement of dispute,

in all cases.

Clause 19- Deposit and payment of rent during pendency of

proceedings for eviction.

Clause 20- Restoration of possession of illegally dispossessed

tenant.

Clause 21- Procedure for recovery of possession under clause

20.

Clause 22- Constitution of Rent Tribunals and Additional Rent

Tribunal. It shall be presided over by Civil judge

(senior Division) and having at least seven years

judicial experience, to be appointed by High

Court. Rent Tribunal alone shall be competent

initially to entertain all application and

proceedings under the Act.

Clause 23- Procedure for revision of rent under clause 7 or

clause 8 by the Rent Tribunal.

Clause 24- Procedure for eviction of tenant before the Rent

Tribunal.

Clause 25- Procedure for recovery of immediate possession

before the Rent Tribunal.

Clause 26- Supply of copies of final order passed by the rent

Tribunal.

Clause 27- Jurisdiction of Rent Tribunal.

Clause 28- Constitution of Appellate Rent Tribunal and

Additional Appellate Rent Tribunal, it shall be

presided over by a member of Uttar Pradesh

Higher Judicial Service having atleast five years‟

experience as such, to be appointed by the high

court, Appellate Rent Tribunal alone shall be

competent initially to entertain all appeals,

Revisions or other such proceedings under the

Act. It also provides the procedure for filling an

appeal and disposal thereof by the Appellate Rent

Tribunal.

Clause 29- Procedure for execution of the orders by the Rent

Tribunals.

Clause 30- Procedure and powers of the Rent Tribunals and

Appellate Rent Tribunals.

Clause 31- Procedure for setting aside ex-parte orders by the

Tribunals.

Clause 32- Grant of time and adjournment of hearing or the

case.

Clause 33- General power of transfer of proceedings by the

District judge, on the application of any of the

parties.

Clause 34- Duty of landlord to keep the tenanted premises in

good and tenantable repairs in relation to matters

falling under Part A of Schedule I.

Clause 35- Duty of tenant to keep the tenanted premises in

good and tenantable repairsin relation to matters

falling under Part B of Schedule I.

Clause 36- Prohibition of cutting off or withholding any

essential supply or service enjoyed by the tenant.

Clause 37- Penalties and procedure for contravention of any of

the provisions of the Act.

Clause 38- Offences by companies and its punishment.

Clause 39- Cognizance of offence.

Clause 40- Inspection of tenanted premises by the landlord.

Clause 41- Jurisdiction of Civil Court barred in respect of certain

matters.

Clause 42- Proceeding by of against legal representatives.

Clause 43- Procedure for bringing legal representatives on

record.

Clause 44- Duty of pleader to communicate to the Tribunal

about the death of a party.

Clause 45- Landlord and tenant to furnish particulars to the

Rent Tribunals or any person authorized by it in

that behalf, as prescribed.

Clause 46- Protection of action taking in good faith by the

Tribunals, its officers or staff or servant of the

State Government etc.

Clause 47- Transfer of pending cases to the Tribunals.

Clause 48- Act to have over riding effect.

Clause 49- Power of the State Government to remove difficulties.

Clause 50- Power of the State Government to make rules.

Clause 51- Repeal and savings.

It will also be relevant to refer some latest and important judgments

of Hon‟ble Supreme Court on the subject to demonstrate that on very

minor issues, the parties, may be Landlord or the Tenant, do not hesitate

to approach the Supreme Court . Just imagine the rate of rent in these

cases and the fees payable to a Lawyer of Supreme Court , and thus the

litigation between Landlord and Tenant is never ending. The arrogance

of both the sides requires to be checked and controlled.

There has been much litigation regarding deposit of rent on first

hearing. The dispute to decide the first hearing, benefit of Section 20(4)

and appropriation of rent deposited under section 30 of the Act also

invites dispute The following judgment of Hon‟ble Supreme Court

clarifies the position as under:-

In Om Prakash vs. Mishri Lal (2017) 5 SCC Hon‟ble Apex Court

held as under:-

“Under Section 20(4) of the U.P. Rent Act, if a tenant, at the first

hearing of the suit, unconditionally pays or tenders to the landlord the

entire amount of rent and damages for use and occupation of the building

due from him together with interest therein @ 9% p.a. and the landlords‟

costs of the suit in respect thereof, after deducting therefrom any amount

already deposited by the tenant under Section 30(1) of the U.P. Rent Act,

the court may, in lieu of passing a decree for eviction on the ground, pass

an order relieving the tenant against his liability for eviction on the

ground of default. The proviso thereto predicates that this benefit would

not be available to a tenant who or any member of whose family has built

or has otherwise acquired in a vacant state, or has got vacated after

acquisition, any residential building in the same city, municipality,

notified area or town areas. Thus, in the present case, even if the deposit

of arrears of rent in full by the original tenant at the time of institution of

the suit is construed to be valid, in the face of his own house elsewhere,

his is not entitled to the protection from eviction under the provision to

Section 20(4) of the U.P. Rent Act.

For speedy disposal of dispute between Landlord and Tenant,

Hon‟ble Supreme Court , In Hameed Kunju vs. Nazim (2017) 8 SCC

611, held as follows:-

“Object of the rent laws is to ensure speedy disposal of eviction

cases between the landlord and tenant and especially those cases

where the landlord seek eviction for his bona fide need. Eviction

matters should be given priority in their disposal at all stages of

litigation and especially where the eviction is claimed on the

ground of bona fide need of the landlord.”

With regard to the need of the heirs of Landlord to continue their

family business, Hon‟ble Supreme Court In Satish Chander Aggarwal

vs. Shyam Lal Om Prakash, (2017) 14 SCC 497, held that it is not in

dispute that business carried on by original landlord is being continued by

his legal heirs is a family business. If that be so, requirement, as

established and which has been upheld by appellate authority after

conducting even a spot inspection, satisfies requirements of bona fide

need of landlord. No doubt, in a given case bona fide requirement of

original landlord and that of surviving legal heirs may vary. But in the

present case, since it is family business and since landlord has established

requirement of premises for family business, it is not necessary to

relegate legal heirs to another round of litigation for eviction. Order

passed by High Court set aside and order passed by first appellate

authority for eviction restored.

Regarding the sub-letting, In Jagdish Prasad vs. Angoori Devi

(2017) 15 SCC 230 Hon‟ble Supreme Court summarized the law as

under:

(i) In a suit by the landlord for eviction of the tenant on the ground of

sub-letting the landlord has to prove by leading evidence that:

(a) A third party was found to be in exclusive possession of the whole or

part of rented property.

(b) Parting of possession thereof was for monetary consideration.

(ii) The onus to prove sub-letting is on the landlord and if he has

established parting of possession in favour of a third party either wholly

or partly, the onus would shift to the tenant to explain.

(iii) In the event, possession of the tenant wholly or partly is proved and

the particulars and the instances of the transactions are found acceptable,

in particular facts and circumstances of the case, it is not impermissible

for the court to draw an inference that the transaction was entered with

monetary consideration. It may not be possible always to give direct

evidence of monetary consideration since such transaction of sub-letting

are made between the tenant and sub-tenant behind the back of the

landlord.

(iv) In each case, the proof of sub-letting/ sub-tenancy thus, has to be

established on the parameters of law, as laid down by the Supreme Court.

Whether, in particular facts and circumstances the landlord has

successfully discharged the burden of proving sub-tenancy depends on

pleading and evidence in each case.

Regarding Need of the Landlord, Hon‟ble Supreme Court In Mohd.

Ayub vs. Mukesh Chand (2012) 2 SCC 155, held:-

“The landlord's requirement need not be a dire necessity. Rent in the

place where the appellant landlord was presently carrying on his business

keeps on increasing. All three sons of the appellant landlord were educated

but unemployed. One of them was married and had three children and the

other two were of a marriageable age. The appellant landlord's family

consisted of 13 members and they were living in three rooms and one

verandah with great difficulty. The respondent tenant did not make any

arrangements for alternate accommodation during pendency of litigation.

Even if the appellant landlord being more affluent could have purchased

another building, still he was entitled for vacant possession of his premises

under dispute. The lower courts ought not to have given importance to

length of tenancy of the respondent tenant. The hardship that the appellant

landlord would suffer by not occupying his own premises would be far

greater than the hardship the respondent tenant would suffer by having to

move out to another place. Considering the difficulty likely to be suffered

by the respondent tenant, he is given six months' time to vacate the premises

of the appellant landlord.”

In Sudama Devi vs. Vijay Nath Gupta, 2018 (6) SCC 759, Hon‟ble

Apex Court held that:-

“In order to attract the proviso to Section 20(4) of the Act, three facts

need to be proved. First, the tenant or any member of his family, as

specified under Section 3(g), has either built or otherwise acquired any

residential building; second, such residential building is in a vacant state;

and third, such vacant residential building is situated in the same city,

municipality, notified area or town area where the suit tenanted premises are

situated. Once these three facts are proved, the proviso would apply against

the tenant disentitling him to claim the benefit of Section 20(4) to avoid the

decree for his eviction passed against him under Section 20(2) (a) of the

Act. The main reason behind enacting such proviso is that the tenant, in

such circumstances, would not suffer any hardship, if he is asked to vacate

the tenanted premises pursuant to eviction decree passed against him on the

ground of arrears of rent under Section 20(2) (a) of the Act because he or

any member of his family has built house or acquired it and got its vacant

possession situated in the same city. Such tenant can, therefore, shift in the

house of member of the family. (Paras 24 to 26)

There is no merit in the tenant‟s (appellants‟) submission that it is only

when any member of the tenant‟s family is living with the tenant in the

tenanted premises any if he owns any vacant residential building in the

same city, the tenant can be deprived of the benefit of Section 20(4). The

specific submission that in cases where the tenant‟s son is living separately

from his father (tenant) in his own house then such tenant cannot be made to

suffer the eviction decree once he complies with the requirements of Section

20(4) cannot be accepted. The language of the proviso being plain and

simple leaving no ambiguity therein, the words of the proviso cannot be

read the way the appellant wants the Court to read therein. If such was the

intention of the legislature, then the proviso would have been worded

accordingly. Such is, however, not the case here. (Paras 28, 27 and 29).

In the present case, the tenant, having rightly suffered a decree for

eviction on the ground contained under Section 20(2) (a), is not entitled to

take the benefit of Section 20(4) because his case falls under the proviso to

sub-section (4) by virtue of the fact that his son, who is member of family

being a male lineal descendant as specified under Section 3(g) (ii) of the

Act, has built his residential house in the same city and he is in its

possession. The tenant can, therefore, shift in the said house once he is

asked to vacate pursuant to the eviction decree passed against him.”

The present Commission after studying the recommendations made by

Hon‟ble Mr. Justice S.N.Sahai Commission, Hon‟ble Mr. Justice V.C.Misra

Commission and judgments of Hon‟ble Allahabad High Court as well as

judgments of Hon‟ble Supreme Court, is of the view that after repealing the

existing Act No. 13 of 1972, a new Act should be legislated. The present

Commission is in agreement with the suggestions made by Justice V. C.

Mishra Commission, but for some changes in the proposed Bill. The

Commission has also considered the proposed new Act submitted by

Housing and Urban Planning Department, Government of U.P. and is of the

view that the proposed Act has various omissions, shortcomings and

loopholes which will further increase the litigation. The omissions,

shortcomings and loopholes of the proposed Act shall be discussed in

forthcoming Chapter. After considering the various aspects of the litigation

and judgments of Hon‟ble Allahabad High Court and Hon‟ble Supreme

Court, the present Commission has prepared a Draft Bill on “Uttar Pradesh

Urban Building (Regulation of Letting, Rent and Eviction) Bill, 2018”

which is also annexed herewith in the forthcoming Chapter.

The Commission is of the view that the Housing and Urban Planning

Department, Government of U.P. should also consider the

recommendations of the present State Law Commission with a view to

decrease the litigation between landlord and tenant.

Before parting with, it is suggested that as the subject in hand is very

tedious and a large number of litigation is pending right from Lower Court

to the Supreme Court, and the proposed Law shall also have far-reaching

impact on the relations of Landlord and tenant, therefore the

Administrative Department is advised to constitute a Committee of

Experts to consider various aspects of the proposed Legislation. I may

suggest that Justice S.U. Khan, Former Judge of High Court of Judicature,

at Allahabad, who is now settled at Lucknow has a great experience in

dealing with rent control matters, as an Advocate of High Court as well as a

Judge of the High Court. His Lordship has also recently written a Book on

LAW OF RENT CONTROL IN INDIA. Sri O.P. Agrawal, District Judge,

Lakhimpur kheri Mr. Mohd. Arif Khan, Senior Advocate, High Court,

Lucknow, Sri S.K.Kalia, Senior Advocate , High Court, Lucknow, Sri Ankit

Srivastata, Advocate, High Court, Sri Anupam Mehrotra, Advocate, High

Court and such other advocates, who have experience in this field, may be

opted for this Committee. Apart from them, Principal Secretaries or their

nominees, (but not below the rank of Special Secretaries) of Department of

Home and Urban Planning, Department of Law & LR and Department of

Legislative should also form part of the Expert Committee. However, the

State Law Commission shall also feel pleasure to be the part of such

committee.

The Commission is thankful to Mrs. Sapna Tripathi, H.J.S.,

Secretary, State Law Commission for her valuable suggestions and

assistance in preparing this report.

SEPTEMBER 10, 2018 (Justice Aditya Nath Mittal)

Chairman

CHAPTER – II

DRAFT BILL AS

RECEIVED FROM

THE

DEPARTMENT OF

HOUSING AND

URBAN PLANNING

CHAPTER – II

DRAFT BILL AS RECEIVED FROM THE DEPARMENT OF HOUSING AND

URBAN PLANNING

THE UTTAR PRADESH BUILDINGS (REGULATION OF LETTING, RENT AND

EVICTION) BILL, 2018

An Act

to establish a framework for the regulation of Tenancy matters and to promote leasing of

accommodation by balancing the interests of landlords and tenants and to provide for fast

adjudication process for resolution of disputes, and for matters connected or incidental

thereto.

Chapter I

Preliminary

1. Short Title, Extent and Commencement

(1) This Act may be called the Uttar Pradesh Buildings (Regulation of Letting, Rent

and Eviction) Bill, 2018.

(2) It shall extent in first instance to such of the Municipal areas which are comprising

the District Headquarters in the State and later on to such of the other Municipal

areas or any areas within the State as the State Government may, by Notification in

the Official Gazette, specify from time to time.

Provided that the Government through notification may exclude any area or units or

class of buildings from the operation of this Act or any provision thereof.

(3) It shall come into force on such date as the State Government may by notification,

in the official Gazette, appoint and different dates may be appointed for different

provisions of the Act.

2. Definition

In this Act unless the context otherwise requires-

a) “Appellate Rent Tribunal” means Appellate Rent Tribunal constituted under Section

31.

(b) “Existing Tenancies” means tenancies entered into prior to the commencement of this

Act and covered under the State Rent Control Act and valid upto 24 months from the

commencement of this Act as per Section4 and Section 9

(c) Landlord” means a person or a company who owns a rental unit and who is entitled

to receive rent for the use and occupancy of any rental unit and shall include his

successor-in-interest.

{d) “Housing Services” include provision of furniture, furnishings, appliances, parking

and related facility, laundry facility, lifts garbage collection, storage facility, intercom

system, cable television facility, security services, and common recreational facilities.

(e)“Joint Tenants” means more than one person or family unit occupying one rental unit

and responsible for paying rent to the landlord separately or jointly.

(f)“Local Authority” means a municipal corporation or municipality or any other local

body constituted under any law for the time being in force.

(g)“Periodic Tenancy” means a tenancy for successive periods of equal duration: from

month to month or week to week or any other period of equal duration and terminable by

notice (of the same period) by either landlord or tenant and includes tenancy which

commences on the expiry of fixed term tenancy.

(h)“Property Manager” means a person or company who is employed by the landlord to

manage the rental unit(s) and who represents the landlord.

(i)“Rent” means the consideration paid or required to be paid periodically by or on behalf

of a tenant to the landlord or to the property manager for the right to occupy a rental unit

and for any housing services and any privileges or benefits that the landlord provides for

the tenant in respect of the occupancy of the rental unit but does not include security

deposit or any other deposit.

(j)“Rent Tribunal” means a Rent Tribunal Constituted under Section 30 of the Act.

(k)Rental Unit” means a unit in a building or part of a building including land appurtenant

thereto, rented or available for rent for residential use and occupancy together with all

housing services connected with the use and occupancy of such unit but does not include

hotel, hostel, a boarding house, tourist homes or guest houses.

(l)“Security Deposit” means any payment, fee, deposit or charge to be used for any

purpose including recovery of rent defaults, repairing damages caused by the tenant and

any other item as specified in the Tenancy Agreement.

(m)“Tenant” means any person who has the right to use and occupy a rental unit and

includes successor to a tenant and a subtenant.

(n)“Tenancy Agreement” means an agreement in writing between a landlord and a tenant

for the use and occupancy of a rental unit and housing services on agreed terms and

conditions.

(o)“Tenancy period” means the period for which the rental unit has been let to the tenant

by the landlord.

(p)“Urban Area” means the areas that fall under the jurisdiction of either the Municipal

Corporation or the Municipal Council as the case may be.

3. Exemptions

Nothing in this Act shall apply to –

(a) Any rental unit owned by the Central or State Government or Local Authority or a

Government undertaking or enterprise or a statutory body or cantonment board.

(b) Rental unit[s] owned by a company, university, educational institution or

organization given on rent to its employees as part of service contract.

(c) Any rental unit owned by religious or charitable institutions as may be specified by

the State Government.

(d) Any rental unit owned by Wakfs registered under the Wakf Act, 1995 (No.L3 of

1995) or to any trust registered under the Public Trust Act.

Chapter II

Tenancy

4. Notification of Tenancy

(1) Notwithstanding anything contained in this Act or any other law for the time being

in force, any agreement for letting of any rental unit entered into between the

landlord and the tenant [s], after the commencement of this Act, shall be in writing

and that such tenancy agreement will be registered or notarized with the Notary

Public and signed jointly by the landlord and tenant[s] in the manner prescribed,

which shall within a period of three months from the start of tenancy.

Two copies of the Tenancy Agreement to be made in original, one each for the

landlord and the tenant. Tenancy Agreement shall be as given in Schedule I.

(2) In case of any changes in the terms of Tenancy Agreement, the same will be

incorporated in a new Tenancy Agreement, which shall be registered or notarized

as prescribed within thirty days of the changes having occurred.

(3) In case of joint tenants, the tenancy agreement may be entered into with all the

tenants jointly or with each tenant separately. In case of joint tenancy agreement all

tenants will sign the Tenancy Agreement and receive a copy of the same.

(4) In case of unregistered existing tenancies, the landlord and the tenant shall record

terms of tenancy as subsisting on the date of commencement of this Act as per

Schedule II and get this registered or notarized within six months of the

commencement of this Act.

Provided that at the end of the period of 24 months from the commencement of this

Act the landlord and the tenant will enter into a new tenancy agreement as per

Schedule I and for all intent and purposes the tenancy will be construed as new

tenancy at the end of 24 months from the commencement of this Act.

5. Period of Tenancy

(1) All tenancies entered into after the commencement of this Act shall be for a period

as agreed between the landlord and the tenant[s] and as noted in the Tenancy

Agreement.

(2) The tenant may approach the landlord for renewal or extension of the tenancy not

less than two months prior to the end of tenancy period and if agreeable to the

landlord may enter into a new tenancy agreement with the landlord.

(3) If a tenancy for a fixed term ends and has not been renewed or the premises have

not been vacated by the tenant at the end of such tenancy, the tenancy shall be

deemed to be renewed on a month-to-month basis on the same terms and conditions

as were in the expired tenancy agreement subject to any change that may be made

in the rent charged.

(4) In the event of the death of the tenant tenancy will continue till the end of the

tenancy period in case of fixed period tenancy and in case of periodic tenancy till

the end of the period.

6. Inheritability of existing tenancies

In case of existing tenancies, in the event of death of the tenant, the right of tenancy shall

devolve to his successors in the following order:

(a) Spouse;

(b) Children;

(c) Parents; and

(d) Daughter-in-law being the widow of predeceased son.

Provided that the successor has been ordinarily living in the premises with the deceased

tenant as a member of family upto his death and he or his spouse or dependent children

do not own or occupy a residential unit in the same urban area.

7. Restriction on Subletting

(1) After the commencement of this Act, no tenant shall without the previous consent

in writing of the landlord –

(a) sublet whole or part of the premises held by him as a tenant;

(b) transfer or assign his rights in the tenancy or any part thereof.

(2) If any tenant sub lets, assigns or otherwise parts with the possession of the whole

or part of any building in contravention of the provisions of this Act, he shall be

punished with fine which may extend to five thousand rupees, or double the rent

received by the tenant for sub letting for every month till such time the cause of

complaint ceases, whichever is more.

(3) Where the premises are lawfully sublet as in Section 7(1), the tenant will notify to

the landlord the date of commencement of sub tenancy or its termination within one

month of the commencement or termination.

Chapter III

Rent

8. Rent Payable

(1) In case of tenancies entered into on or after the commencement of this Act, rent

payable of a rental unit shall be the rent agreed between the landlord and the tenant

at the commencement of tenancy.

(2) In case of existing tenancies, at the end of 24 months from the commencement of

this Act, rent payable shall be as per Section 9(1), and

(a) The landlord will intimate the tenant two months prior to the expiry of 24

months from the commencement of this Act about the revision in rent.

(b) In the absence of an agreement between the landlord and the tenant on the Rent

Payable as per Section 9(1), the landlord will have the option to terminate the

tenancy as per Section 22.

9. Revision of Rent

(1) Revision of rent between the landlord and the tenant will be as per the terms

set in the Tenancy Agreement.

(2) The landlord will give a notice in writing three months before the revised rent

becomes due.

(3) If a tenant who has been given notice of an intended rent increase under

Section 9(2) fails to give the landlord notice of termination of tenancy, the

tenant shall be deemed to have accepted whatever rent increase has been

proposed by the landlord.

(4) In case the rental unit has been let for a fixed term, rent may not be increased

during the currency of the tenancy period unless the amount of increase or

method of working out the increase is expressly set out in the Tenancy

Agreement.

(5) No tenant shall directly or indirectly sublet or assign, whole (or part) of the

rental unit for a rent that is higher than the rent (or the proportionate rent)

charged by the landlord to the tenant.

(6) Where the landlord, after the commencement of tenancy and with agreement

with the tenant has incurred expenditure on account of improvement, addition

or structural alteration in the rental unit occupied by the tenant, not being

repairs necessary to be carried out under Section 16, the landlord may increase

the rent of the premises by an amount as agreed between the landlord and the

tenant prior to the commencement of the work and such increase in rent will

become effective from one month after the completion of work.

(7) Where after the rent of a rental unit has been agreed or fixed, there has been a

decrease of diminution or deterioration of accommodation or housing services

in the rental unit, the tenant may claim a reduction in the rent [and may

approach the Rent Tribunal for the same in case of conflict].

(8) The landlord may either restore the rental unit and the housing services as at

the commencement of tenancy or agree for a reduction in rent.

10. Rent Tribunal to fix or Revise Rent

The Rent Tribunal on an application by the landlord or tenant will fix or revise, as the

case may be, the rent and other charges payable by the tenant as also fix the date from

which the revised rent becomes payable.

11. Security Deposit

Save an agreement to the contrary it shall be unlawful to charge a security deposit in

excess of three times the monthly rent. The security Deposit will be refunded to the

tenant within one month after vacation of the rental unit after making due deduction of

any liability of the tenant.

Chapter IV

Rights and Responsibilities of Landlords and Tenants

12. One set of the original Agreement to be given to the Tenant

After a Tenancy Agreement has been signed by both the landlord and tenant; the landlord

must give the original signed and registered or notarized agreement to the tenant within

fifteen days of the agreement being signed by both the landlord and the tenant in the

manner as prescribed.

13. Receipt to be given for Rent paid

(a) Every tenant shall pay rent and other charges within the stipulated period as in the

tenancy agreement or in the absence of such stipulation by the tenth day of the

month next following the month for which it is payable and in the event of default

the tenant shall be liable to pay simple interest at the prescribed rate for the period

by which the rent payment has been delayed.

(b) Every landlord will give a receipt for all payments made by the tenant on account

of rent, including penal interest; advance rent and security deposit and all other

charges or fees.

14. Deposit of Rent with Rent Tribunal

a. In case the landlord does not accept any rent or other charges or refuses to

give receipt the tenant shall send rent and other charges to the landlord by postal

money order or through A/c Payee cheque, or in any other manner as prescribed.

b. In the event of non acceptance of rent and other charges by any mode of payment

by the landlord, the tenant may deposit rent and other charges with the Rent

Tribunal.

c. On deposit of the rent, the Rent Tribunal shall investigate and pass an order

based on facts of the case.

d. Any rent and charges not withdrawn for five years by any person entitled to

withdraw shall be forfeited by the Government.

15. Maintenance Responsibilities

(1) Subject to any agreement to the contrary, both the landlord and tenant will be

responsible for the respective repairs and maintenance as in Schedule III.

(2) In case of common facilities shared among the tenants or with the landlord the

respective responsibilities of each tenant and landlord will be specified in the

Tenancy Agreement

(3) In the event of tenants refusal to carry out schedule or agrees repairs the landlord

shall get the repairs done and deduct the amount from the Security Deposit.

(4) In case the landlord refuses to carry out the scheduled or agreed repairs, the tenant

can get the work done and deduct the same from periodic rent.

Provided that in no case will the deduction from rent in any one month exceed 50

per cent of the agreed rent for one month.

(5) In case the unit is uninhabitable without the repairs and the landlord has refused to

carry out the required repairs, after being called upon to get the repairs done in

writing by the tenant[s], the tenant [s] will have the right to abandon the unit after

giving landlord fifteen days notice in writing or approach the Rent Tribunal.

16. Tenant to look after the Rental Unit

During the tenancy, the tenant must:

(a) not intentionally or negligently damage the rental unit or permit such damage;

(b) notify the landlord of any damage as soon as possible;

(c) take reasonable care of the rental unit and its contents and keep them reasonably

habitable having regard to their condition at the commencement of tenancy and

the normal incidence of living.

17. Entry with Notice

(a) A landlord or the Property Manager may enter a rental unit in accordance with

written notice given to the tenant at least 24 hours before the time of entry under the

following circumstances:

(i) to carry out repairs or replacement or do or get done work in the rental unit;

(ii) to carry out an inspection of the rental unit for the purpose of determining

whether the rental unit is in a habitable state;

(iii) for any other reasonable reason for entry specified in the Tenancy Agreement.

(b) The written notice will specify the reason for entry, the day and time of entry

between the hours of 7.00 A.M. to 8.00 P.M.

18. Information about the property Manager

In case the landlord has hired a Property manager, the landlord must provide tenant the

following information:

(a) Property Manager‟s name

(b) The fact that he is agent of the landlord and employed by the landlord

(c) If the Property Manager is a Company, name of the company employee

who can be contacted in relation to the residential tenancy agreement.

19. Role and Responsibilities of Property Manager

The functions of the Property Manager may include the following:

(a) collection of rent against receipt;

(b) getting essential repairs done on behalf of the landlord;

(c) inspection of the rental unit from time to time;

(d) Giving notices to tenant [s] for (i) proper maintenance of the rental unit, (ii)

delay in payment of rent; (iii) revision of rent; (iv) vacation of rental unit; (v)

renewal of tenancy;

(e) Help in resolution of disputes among tenants and between landlord and tenant

[s];

(f) Other matters relating to Tenancy.

20. Cutting off or withholding essential services

(1) No landlord or tenant by himself or through any person shall cut off or withhold

any essential supply or service in the rental unit occupied by the tenant or the

landlord.

(2) In case of contravention of provisions of subsection (1) and on an application from

the tenant or the landlord, as the case may be, the Rent Tribunal after examining the

matter may pass an interim order directing the restoration of supply of essential

services immediately pending the inquiry.

(3) The Rent Tribunal may also levy a penalty on the person responsible for cutting off

or withholding the essential supply, which may extend to fine of one hundred

rupees for each day commencing on the date of cutting off or with holding essential

supply or service till, the date the essential supply or service is restored.___.

(4) The Rent Tribunal may direct that compensation be paid to the landlord or tenant if

it finds that the application was made frivolously or veraciously.

Explanation:- Essential services include supply or water, electricity, lights in

passage, lifts and on staircase, conservatory and sanitary services.

Chapter V

Termination of Tenancy by the Landlord or Tenant

21. Termination of Tenancy only in accordance with the Act

A Tenancy shall be terminated only in accordance with the Act in the following manner:

(1) Landlord shall give a notice of 3 months to the tenant if:

(a) The landlord bonafidely requires possession of rental unit for the purpose of

residential occupation by (i) the landlord; (ii) Landlord‟s spouse; (iii) a child

or parent of the landlord;

(b) The landlord requires possession of rental unit in order to (1) demolish it (ii)

convert it to some other use or (iii) do repairs or renovation that require vacant

possession of the unit.

(2) The landlord shall give a notice of 15 days to terminate the tenancy if the tenant:

(a) has not paid rent for two months consecutively;

(b) has sublet the premises without permission of the landlord;

(c) caused substantial damage to the rental unit;

(d) caused nuisance or annoyance to the neighbors;

(e) used the premises for illegal or immoral purposes.

(f) violated any condition set in the Tenancy Agreement

(3) The tenant shall give a notice of two months or two months‟ rent in lieu of notice, to

the landlord to terminate the tenancy in case the tenancy is for more than a year or one

month‟s notice or one month‟s rent in lieu of notice in case the tenancy is for less than

a year.

(4) In case of fixed period tenancy, the tenancy is terminated at the end of the fixed

period and no notice is required to be served to the tenant to vacate the rental unit.

(5) In case of tenancies of more than five years the landlord may serve a notice of six

months to the tenant during the term of tenancy, to vacate the rental unit, at the end of

notice period, without giving any reason to terminate the tenancy.

Provided that the notice does not require the tenant to vacate during a fixed term

tenancy.

(6) In case the rental unit was given to the tenant for use as residence by reason of his

being in the service or employment of the landlord, the tenancy will terminate when

the tenant ceases to be in such service or employment.

22. Notice to be given for Termination

(1) If a notice of termination is given in accordance with this Act and the tenant vacates

the rental unit in accordance with the notice, the tenancy is terminated on the date set out

in the notice.

(2) A notice of termination need not be given if a landlord and tenant have agreed to

terminate the tenancy or if the tenancy is for a fixed period

(3) The notice of termination shall include: (a) identification of rental unit for which the

notice is given; (b) state the date on which the tenancy is to terminate and (c) be signed

by the person [s] giving the notice.

(4) If the notice is given by the landlord, it shall also set out the reasons relating to

termination and inform the tenant that:

(a) If the tenant vacates the rental unit in accordance with the notice, the tenancy

terminates on the date set out in the notice;

(b) If the tenant does not vacate the rental unit, the landlord may apply to the Rent

Tribunal for an order terminating the tenancy and evicting the tenant; and

(c) If the landlord applies for an order the tenant is entitled to dispute the

application.

23. Right of landlord to recover immediate possession in certain cases

(1) Notwithstanding anything to the contrary contained in this Act or any other law

for the time being in force or in any contract or usage,-

(a) A landlord shall, on a petition being filed in this behalf in the Rent Tribunal, be

entitled to take immediate possession of a residential building , if he,-

(i) is or was a member of any armed forces or paramilitary forces of the Union

and aforesaid petition is filed within one year, prior to or subsequent to the date

of retirement, release or discharge, as the case may be, or within a period of one

year from the date of commencement of this Act, whichever is later;

(ii) is or was an employee of the Central Government or the State Government or

a local body or a corporations owned or controlled by the Central or the State

Government or regular employee of private limited company and files the

aforesaid petition within a period of one year prior to or subsequent to the date

of his retirement (which includes voluntary and compulsory retirement or

cessation of service for any reason) or within a period of one year from the date

of the commencement of this Act, whichever is later;

Provided that the landlord referred to in sub clauses (i) and (ii) shall be entitled to

take immediate possession of a non-residential building also to carry out any

commercial activity for himself. If the landlord has more than one non-residential

building in the same urban area, he will be entitled to take possession of only one

of such buildings, which he opts for;

(iii) has become a senior citizen and files the aforesaid petition after the expiry

of three years from the date of letting out o building

(b) the spouse of such landlord as referred to in sub-clauses (i), (ii) of clause (a),

shall on a petition being filed in this behalf in the Rent Tribunal, be entitled to take

immediate possession of the residential building, if the petition is filed by within a

period of one year after the death of such member the spouse or within a period of

one year from the date of commencement of this Act, whichever is later;

(c) after the death of a landlord, his spouse shall, on a petition being filed in this

behalf in the Rent Tribunal, be entitled to recover immediate possession of the

residential building, if the petition is filed by her within a period of one year from

the date of death of the landlord.

(2) Where the landlord has let out more than one building, the petition under sub-

section (1) shall be maintainable in respect of one rented building only to be chosen

by the landlord and petition under sub-section (1) shall be maintainable only if the

petitioner is not residing in his own building in the same municipal area.

(3) Where a landlord, after letting out his building on the ground floor, has incurred

such permanent disability due to which he is unable to use staircase and requires the

ground floor building for his own residence, he shall, on a petition being filed in this

behalf in the Rent Tribunal, be entitled to recover immediate possession of such

ground floor building on his furnishing a certificate from duly constituted Medical

Board of a Government Hospital about such a permanent disability and on satisfying

the rent Tribunal that he has no suitable residential building of his own on ground

floor in his possession in the same municipal area:

Provided that if a tenant is prepared to vacate ground floor building in exchange of

building in occupation of landlord on the upper floor, the Rent Tribunal shall pass

order of immediate possession in favour of landlord only on the condition that the

landlord shall make available proportionately equal portion of the building in his

occupation on the upper floor to the tenant on such terms and conditions as may be

fixed by the Rent Tribunal.

(4) Where the landlord has taken possession of the building under this section, he

shall be prohibited from letting out the same to any other person within a period of

three years and in case the building is let out, the tenant shall be entitled for

restoration of possession on an application moved by him before the Rent Tribunal

and the Rent Tribunal shall dispose of such application expeditiously and the

procedure as laid down in section 20 shall -mutatis mutandis apply.

Explanation.-For the purpose of this section the expression “landlord" shall mean the

owner of the residential building.

24. Vacant Possession to the Landlord

In case the tenancy is terminated by notice, agreement or order, the landlord will have

the right to vacant possession of the rental unit.

25. Successor in title to Landlord

A person other than a landlord who would be entitled to possession (either by purchase

or by succession or by any other reason) of the rental unit shall notify the tenant as soon

as practical after becoming so entitled that the person would be entitled to possession and

that the person who was landlord is no longer landlord and that the tenancy will continue

on same terms and conditions as in the existing Tenancy Agreement with the previous

landlord.

26. Compensation in case of non-vacancy

A landlord is entitled to compensation of double the monthly rent for the use and

occupation of a rental unit by a tenant who does not vacate the unit after his tenancy has

been terminated by order, notice or agreement.

27. Notice for Inspection in case of Sale

If the Landlord intends to sell the rental unit, he shall give the tenant notice of 14 days

before the rental unit is to be made available for inspection of prospective buyers.

28. Refund of Advance Rent

Refund of Advance Rent by Landlord where a tenant vacates the premises on a notice

given by the landlord under Section 21(1) or Section 21(2)(b) to (f), and the landlord has

received rent or any other payment in advance from the tenant, he shall before recovery

of possession, refund to the tenant such an amount after deducting the rent and other

charges due to him within one month of termination of tenancy.

29. Payment of Rent during eviction proceedings

In any proceeding for termination of tenancy by the landlord on any ground, the tenant

contests the claim for eviction, the landlord may, at any stage of proceedings, apply to

the Rent Tribunal to direct the tenant to pay to the landlord rent payable as under

Sections 8 and the Rent Tribunal may order the tenant to make such payment regularly to

the landlord by 10th

of the month and all other charges due from the tenant along with

penal charges if any, due to delay in payment of the same.

30. Duties of tenant and landlord

(1) The landlord shall be bound to keep the building under tenancy wind-proof and

waterproof and, subject to any contract in writing to the contrary carry out periodical

white –washing and repairs;

(2) 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 fixture of a movable nature;

Explanation- The expression „material used in such improvement‟ includes the wiring

of an electrical fitting or a pipe pertaining to any water connection;

(3) The landlord shall give to the tenant a receipt for rent payable to and received by

him duly signed by him or his property manager.

(4) landlord shall be responsible for all major structural repairs required de to effects

in construction aging of the house;

(5) the tenant shall be responsible for day-to-day maintenance and repairs

(6) on termination of tenancy, tenant shall restore the building in as good a condition

as it was at the time of entry;

(7) Notwithstanding anything contained in any other law for the time being in force

relating to a local authority, the 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(2) shall apply in relation every such

installation;

(8) in the absence of any written agreement, essential repairs in a year involving

expenditure upto 5% of the annual rent shall be carried out by the tenant at his own

cost and essential repairs involving expenditure in excess of 5% of the annual rent shall

be carried out by the landlord on receiving notice from the tenant:

Provided that where the landlord neglects to undertake essential repairs within a period

of fifteen days from the date of receipt of notice, the tenant shall be at liberty to move

the Rent Tribunal for permission to undertake the repairs, along with estimate of such

repairs, and where permission is granted by the Rent Tribunal, it shall also pass orders

with regard to the recovery of such cost from the landlord by setting off the amount

against the rent payable by the tenant.

(9) Every landlord shall provide the particulars of a new tenant entering in possession

on or after the commencement of this Act, to the local police station within thirty days

from the date of commencement of new tenancy.

Provided that in relation to the existing tenancies if the landlord has not provided the

particulars of the tenant to the local police station earlier then within thirty days from

the date of commencement of the Act the local police station shall be provided with the

particulars of the tenant by the landlord.

(10) If a landlord fails to inform the local police station as provided under clause (9)

of this section he may be punished with fine which may extent to five thousand rupees

or an amount equal to three months rent which ever is more.

Chapter VI

Rent Tribunals

31. Constitution of Rent Tribunal

(1) The State Government may, by notification, shall constitute such number of Rent

Tribunals and at such places as may be deemed necessary by it.

(2) Where two or more Rent Tribunals are constituted for any area, the State

Government may, by general or special order, regulate the distribution of business

among them.

(3) A Rent Tribunal shall consist of one person only (hereafter referred to as the

Presiding Officer) to be appointed by the State Government in consultation with the

High Court.

(4) The presiding officer shall be from amongst officers who is or has been member of

u.p. provisional Judicial services, Indian Administrative Services, Provincial Civil

Services, other State or Central services having experience of court work as

Presiding Officer.

(5) The State Government may authorize the Presiding Officer of one Rent Tribunal to

discharge the functions of the Presiding Officer of another Appellate Rent Tribunal

also.

(6) The terms and conditions of the services of Presiding officer and other staff of the

Rent Tribunal shall be such as may be prescribed.

32. Constitution of Appellate Rent Tribunal

(1) The State Government shall by notification, constitute such number of Appellate

Rent Tribunals and at such places as may be deemed necessary by it.

(2) Where two or more Appellate Rent Tribunals are constituted for any area, the State

Government may, by general or special order, regulate the distribution of business

among them.

(3) An Appellate Rent Tribunal shall consist of one person only (hereafter referred to as

the Presiding Officer of the Appellate Rent Tribunal) to be appointed by the State

Government in consultation with the High Court.

(4) The Presiding officer shall be appointed by the State Government from the amongst

officers who is or has been a member of U.P. Provincial Judicial Services, Indian

Administrative Services, Provincial Civil Services or any other State or Central Service

having experience of Court work as Presiding Officer for at least 15 years..

(5) The State Government may authorize the Presiding officer of the Appellate Tribunal

to discharge the functions of the Presiding Officer of another Appellate Rent Tribunal

also.

(6) The terms and conditions of the services of Presiding officer and other staff of the

Appellate Rent Tribunal shall be such as may be prescribed.

33. Jurisdiction of Rent Tribunal and Appellate Rent Tribunal

Notwithstanding anything contained in any other law for the time being in force, in the

areas to which this act extends, only the Rent Tribunal and no civil court shall have

jurisdiction to hear and decide the petitions relating to disputes between landlord and

tenant and matters connected with and ancillary thereto covered under this Act including

tenancies and premises covered under Section 3 of this Act and those covered under the

Transfer of Property Act, 1882 (4 of 1882).

Provided that Rent Tribunal shall, in deciding such petitions relating to

tenancies and premises covered under section 3 of this Act or those covered under the

Transfer of Property Act have due regard to the provisions of Transfer of Property Act,

1882 (4 of 1882), the Indian Contract Act, 1872 (9 of 1872) or any other substantive law

applicable to such matter in the same manner in which such law would have been applied

had the dispute been brought before a Civil Court by way of suit.

Provided further that nothing contained in this Act shall be deemed to

empower the Rent Tribunal to entertain a petition involving such dispute between

landlord and tenant to which provisions of the Uttar Pradesh Public Premises

( Eviction of Unauthorised Occupants) Act, 1972 ( U.P. Act No. 22 of 1972), apply,

34. Procedure of Rent Tribunal and Appellate Rent Tribunal

(1) Subject to any rules that may be made under this Act, the Rent Tribunal and the

Appellate Rent Tribunal shall not be bound by the procedure laid down by the Code

of Civil Procedure 1908 (5 of 1908) but shall be guided by the principle of natural

justice and shall have power to regulate their own procedure.

(a) The landlord or tenant may file the petition before the Rent Tribunal

accompanied by affidavits and documents if any.

(b) The Rent Tribunal then shall issue notice to the opposite party, accompanied by

copies of petition, affidavits and documents

(c) The opposite party will file a reply accompanied by affidavits and documents,

if any, after serving a copy of the same to the petitioner.

(d) The petitioner may file a rejoinder, if any, after serving the copy to the opposite

party

(e) The Rent Tribunal will then fix a date of hearing and may hold such summary

inquiry as it deems necessary.

(2) In every case before the Rent Tribunal and the Appellate Rent Tribunal the

evidence of a witness shall be given by affidavit. However, the Rent Tribunal and

the Appellate Rent Tribunal, where it appears to it that it is necessary in the interest

of justice to call a witness for examination or cross-examination and such witness

can be produced, may order attendance for examination or cross examination of

such a witness.

(3) Every notice shall be served through process server of the Tribunal or Civil Court

as well as by registered post acknowledgement due or through any other method as

may be prescribed; notice duly served by any of these methods shall be treated as

sufficient notice.

(4) Every petition or appeal, so far as possible shall be in the model forms as

prescribed.

(5) The Rent Tribunal shall not ordinarily allow more than three adjournments at the

request of a party throughout the proceedings and in case he decides to do so, he

shall record the reasons for the same in writing and order the party requesting

adjournment to pay the reasonable cost.

(6) The time period within which the Tribunal shall decide the petition shall be as

follows:

(a) All petitions under sections 8 and 9 for fixation or revision of rent shall be

decided within 90 days from the day of filing of appeal by the tenant or

landlord with the Rent Tribunal.

(b) All petitions under clauses (a), (b) of section 21(1) will be decided within 90

days of application to the Rent Tribunal

(c) Petitions under 21(2) will be decided within 60 days of application to the Rent

Tribunal.

(d) All petitions under Section 20(2) will be decided within 15 days of filing of

application by the landlord or the tenant[s].

35. Powers of Rent Tribunal and Appellate Rent Tribunal

(1) The Rent Tribunal and the Appellate Rent Tribunal for the purpose of discharging

their functions under this Act, shall have the same powers as are vested in a Civil

Court under the Code of Civil Procedure 1908 (5 of 1908) for the purposes of:

(a) summoning and enforcing the attendance of any person and examining him on

oath;

(b) requiring the discovery and production of document;

(c) issuing commission for examination of witness or documents;

(d) issuing commission for local investigation;

(e) receiving evidence on affidavits;

(f) dismissing an application or appeal for default or deciding it ex parte;

(g) setting aside any order of dismissal of any application or appeal for default or

any other order passed by it ex parte;

(h) for the execution of its orders and decisions under this Act like decree of a civil

court without reference to any civil court;

(i) reviewing its orders and decisions;

(j) any other matter which may be prescribed.

(2) Any proceeding before the Rent Tribunal or Appellate Rent Tribunal shall be deemed to

be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose

of section 196 of the Indian Penal Code 1860 (45 of 1860) and the Rent Tribunal and

the Appellate Rent Tribunal shall be deemed to be a Civil Court for the purposes of

sections 195 and chapter XXVI of the code of Criminal Procedure 1973 (2 of 1974).

(3) For the purpose of holding an inquiry or discharging any duty under this Act, the Rent

Tribunal may

(a) after giving not less than twenty four hours notice in writing, enter and inspect or

authorize any officer, subordinate to him, to enter and inspect, any premises at

anytime between sunrise and sunset;

(b) by written order, require any person to produce for his inspection such books or

documents relevant to the inquiry, at such time and at such place as may be

specified in the order.

(4) The Rent Tribunal may, if he thinks fit, appoint one or more persons having special

knowledge of the matter under consideration as assessor or valuer to advise him in the

proceeding before him.

(5) Any clerical or arithmetical mistake in any order passed by the Rent Tribunal or any

other error arising out of any accidental omission may, at any time, be corrected by the

Rent Tribunal on an application received by him in this behalf from any of the parties or

otherwise

(6) The Rent Tribunal may exercise the powers of a Judicial Magistrate for the recovery of

the fine under the provisions of the Code of Criminal Procedure 1973 (2 of 1974) and

the Rent Tribunal shall be deemed to be a magistrate under the said code for the

purposes of such recovery.

(7) An order made by a Rent Tribunal or an order passed in appeal or revision or review

under this chapter shall be executable by the Rent Tribunal as a decree of a Civil Court

and for this purpose, the Rent Tribunal shall have the powers of a Civil Court.

(8) The Rent Tribunal may set aside an order passed ex parte if the aggrieved party files an

application and satisfies him that notice was not duly served or that he was prevented by

any sufficient cause from appearing when the case was called for hearing.

(9) Save as otherwise expressly provided in this Act, every order made by the Rent

Tribunal shall, subject to decision in appeal, be final and shall not be called in question

in any original suit, application or execution proceedings.

(10) The Rent Tribunal shall have the power to effect conciliation between the parties in any

case pending before it.

36. Appeal, Revision and Review

(1) From every final order passed by the Rent Tribunal, an appeal shall lie to the

Appellate Rent Tribunal, within the local limits of whose jurisdiction the premises

is situated and such an appeal shall be filed within a period of thirty days from the

date of final order along-with copy of such final order.

(2) The Appellate Rent Tribunal, upon filing an appeal under subsection (1) shall serve

notice, accompanied by copy of appeal to the respondent and fix a hearing not later

than 30 days from the date of service of notice of appeal on the respondent and the

appeal shall be disposed of within a period of one hundred and twenty days from

the date of service of notice of appeal on the respondent

(3) Where the Appellate Rent Tribunal considers it necessary in the interest of arriving

at a just and proper decision, it may allow filing of additional affidavits or

documents at any stage of the proceedings in appeal.

(4) The Appellate Rent Tribunal may, in its discretion pass such interlocutory order

during the pendency of the appeal, as it may deem fit.

(5) While deciding the appeal, the Appellate Rent Tribunal after recording reasons

therefore:

(a) Confirm, vary, set aside, reverse or modify the order passed by a Rent

Tribunal;

(b) If necessary, in the interest of justice, remand the case to the Rent Tribunal

along-with such direction as it may deem fit;

(c) The decision of the Appellate Rent Tribunal shall be final and no further appeal

or revision shall lie against the order.

(6) On application of any of the parties and after notice to the parties and after hearing

such of them as have desired to be heard, or of its own motion without such notice,

the Appellate Rent Tribunal may at any stage transfer any case from one Rent

Tribunal to any other Rent Tribunal for disposal.

(7) Where any case has been transferred under subsection (6) the Rent Tribunal to

whom the case has been transferred, subject to any special direction in the order of

transfer, proceed from the stage at which it was transferred.

37. Execution of the order

(1) The Rent Tribunal shall, on application of any party, execute in the manner

prescribed, a final order or any other order passed under this Act by adopting any

one or more of the following modes namely:

(a) attachment and sale of the movable or immovable property of the opposite

party;

(b) attachment of any one or more bank accounts of the opposite party and

satisfaction of the amount of order to be paid from such account;

(c) Attachment of salary and allowances of a government servant or employee of

any nationalized bank, local authority, corporation, government company;

(d) Appointing any advocate as commission on such remuneration as may be fixed

or deputing any officer of the Tribunal or local administration or local body for

the execution of the order;

(e) Delivery of possession of the rental unit to the person in whose favour the

decision has been made.

(2) The Tribunal may, in order to execute the final order or any other order passed

under this Act, require the help from the local administration or local body or the

police.

(3) The Rent Tribunal shall conduct the execution proceedings in relation to a final

order or any other order passed under this Act in summary manner and dispose of

the application for execution made under this section within thirty days from the

date of service of notice on opposite party.

Chapter VII

Miscellaneous

38. Jurisdiction of civil court barred in respect of certain matters

Save as otherwise provided in the Act, no civil court shall entertain any suit or

proceeding in so far as it relates to fixation of rent payable and matters incidental thereto

or to any other matter which the Rent Tribunal is empowered by or under this Act to

decide and no injunction in respect of any action taken or to be taken by the Rent

Tribunal under this Act, shall be granted by any civil court.

39. Court Fees

(1) The provisions of the court fees Act 1870 shall apply in respect of applications and

appeals to be presented before the Rent Tribunal.

(2) The applications for recovery of possession made to the rent Tribunal and the

memorandum of appeals presented before the Tribunal shall be treated as suits

between the landlord and the tenant for the purposes of computation of court fees.

40. Rent Tribunals to be Public Servants

All Rent Tribunals and Appellate Rent Tribunals appointed under this Act shall be

deemed to be public servants within the meaning of section 21 of the Indian Penal Code

1860 (45 of 1860).

41. Protection of Action taken in Good Faith

No suit prosecution or other legal proceeding shall lie against any Rent Tribunal or

Appellate Rent Tribunal in respect of anything which is in good faith done or intended to

be done in pursuance of this Act.

42. Transfer of Pending cases

On the commencement of this Act, all cases pertaining to the matters in respect of which

the Rent Tribunal will have jurisdiction under this Act and pending before the Rent

Controlling Authority under the State Rent Control Act or any other court shall stand

transferred to the Rent Tribunal and the Rent Tribunal shall proceed with the matter

either de novo or from the stage it was transferred.

43. Power of State Government to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, the state

government may, by order, make such provisions not inconsistent with the

provisions of this Act as may appear to be necessary for removing the difficulty.

Provided that no order shall be made under this Section after the expiry of two

years from the commencement of this Act.

(2) Every order made under this Section shall as soon as may be after it is made be laid

on the table of Legislative Assembly.

44. Power to Make Rules

(1) The State Government may, by notification make rules for the purpose of carrying

out the provisions of this Act.

(2) All rules made under This Act shall be laid on the table of the legislative assembly.

45. Repeal and Savings

(1) The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act,

1972 shall stand repealed from the date of commencement of this Act.

(2) Notwithstanding such repeal and subject to the provisions of Sections 44, all cases

and proceedings under the said Act pending, at the commencement of this Act, shall

be continued and disposed of in accordance with the provisions of the repealed Act.

(3) However the plaintiff within a period of 180 days of coming into force of this Act

shall be entitled to withdraw any suit or appeal or any other proceeding pending

under the Repealed Act with liberty to file fresh petition in respect of the subject

matter of such suit or appeal or any other proceeding under and in accordance with

the provisions of this Act and for the purposes of limitation such petition shall if it

is filed within a period 360 days from the commencement of this Act be deemed to

have been filed on the date of filing of the suit which was so withdrawn and in case

of withdrawal of appeal or other proceedings on the date on which the suit was filed

out of which such appeal or proceeding originated.

Schedule- I

[See sub-section (1) of section 4]

Tenancy Agreement between the Landlord and the Tenant of New Tenancies

1. Name and Address of Landlord

2. Name and Address of the Property Manager

3. Name of the Tenant/s

4. No. of Tenants in one rental unit

5. Type of Tenancy:

a. Periodic

b. Lease for a fixed period

6. Details of rental unit being rented

a. Address

b. Description of rental unit:

(i) Area

(ii) No. of rooms

(iii) Common areas

7. Other goods and services provided

a. Furnishing like fans etc.

b. Assured water supply

c. Shared facilities (if any) like bath/toilet/water with landlord or other tenants

d. Any other service provided by the landlord

8. Condition of the rental unit

a. Habitable

b. Needs some repairs

9. Maintenance responsibilities of tenants and landlords including those for common areas.

10. Duration of Tenancy:

a. Date of beginning of Tenancy

b. Date of ending of Tenancy

11. Provision for renewal of tenancy

12. Rent as agreed during the period of tenancy ____ Rs._____

a. Periodicity of payment

b. Date by which payable

c. Payable in cash/cheque/money order

d. Paid to whom

e. Any late fee to be charged for delay in rental payment

13. Rent to remain fixed during the period of tenancy or to be revised periodically; If yes,

periodicity of revision

14. Other charges for (if any)

a. Electricity (as in lump sum or as per meter)

b. Water (as in lump sum or as per meter)

c. Local taxes

d. Other goods and services (specify)

15. Security deposit paid _____Rs.____

16. Advance Rent paid ______ Rs. _____

17. Purpose for which security deposit can be used

a. to carry out repairs of damage caused by the tenant

b. to provide for difference in rent paid and agreed

c. default in rent at the end of lease period at the time of vacation of the rental unit

d. pending electricity\ water bills and local taxes

Schedule- II

[See sub-section (4) of section 4]

Terms of Tenancy between Landlord and Tenant of Existing Tenancies

1. Name and Address of the Landlord

2. Name of the Tenant

3. Date of commencement of Tenancy

4. Rent paid on commencement of Tenancy

5. Rent last paid prior to commencement of this Act\

6. Description of Rental Unit and Facilities:

a. Address

b. Area

c. No. of rooms

d. Furniture and Furnishings

e. Facilities provided

7. Any Security deposit paid in the beginning of Tenancy

8. Advance Rent Paid (Ys/No) If yes, Amount Paid _______

9. Details of payment of extra charges on account of

a. water

b. Electricity

c. Property tax

d. Others (specify)

Schedule- III

[See sub-section (1) of section 16]

Division of Maintenance Responsibilities between the Landlord and the Tenant

As per Section, the landlord will be responsible for repairs relating to matters falling under

Part A and the tenant shall be responsible for matters falling under Part B.

Part A

Structural Repairs to be got done by the Landlord

1. Structural Repairs except those necessitated by the damage caused by the tenant.

2. Whitewashing of walls and painting of doors and windows.

3. Changing plumbing pipes when necessary

4. Internal and external electrical wiring and related maintenance when necessary

Part B

Day-to-Day repairs to be got done by the Tenant

1. Changing of tap washers and taps

2. Drain cleaning

3. Water closet repairs

4. Wash Basin repairs

5. Bath tub repairs

6. Geyser repairs

7. Circuit breaker repairs

8. Switches and socket repairs

9. Repairs and replacement of electrical equipment except major internal and external wiring

change

10. Kitchen fixtures repairs

11. Replacement of knobs and locks of doors, cupboard windows etc.

12. Replacement of flynets

13. Replacement of glass panels in windows, doors etc.

14. Maintenance of gardens and open spaces let out to the tenant.

***************

CHAPTER-III

COMMENTS/SUGGESTIONS

ON THE PROPOSED

“THE UTTAR PRADESH

BUILDINGS

(REGULATION OF

LETTING, RENT AND

EVICTION) BILL, 2018”

AS SENT BY THE DEPARTMENT

OF HOUSING AND URBAN

PLANNING, GOVT. OF U.P.

CHAPTER-III

COMMENTS/SUGGESTIONS ON THE PROPOSED “THE UTTAR

PRADESH BUILDINGS (REGULATION OF LETTING, RENT AND

EVICTION) BILL, 2018 AS SENT BY THE DEPARTMENT OF

HOUSING AND URBAN PLANNING, GOVT. OF U.P.

The opinion/suggestions have been sought by the Housing and

Urban Planning Department, Government of U.P. regarding proposed

Bill. The Commission has given thoughtful consideration on the Draft

dated 18.06.2018.

Generally speaking, legislation is the normal means by which the

government is able to govern. In fact, so institutional is legislation to

government that, however well-devise, no government could last long

without the power to make laws for the good order and governance of a

particular jurisdiction in accordance with social, economical and political

exigencies. It may indeed be said that legislation and government are

complementary aspects of the same social process. However little a part

it plays, legislation is still an important, if not a critical, aspect of the

process of modern government. The so-called primitive societies which

did not have formal legislatures understood law and order through their

taboos and customs.

By legislation policies are transformed into enforceable laws. The

government enacts positive laws of a creative kind with the intention of

bringing about a new condition, a new power, a new set of circumstances.

The intention is to generate something that was not there before or could

not be done or achieved by the law as it was. In this way, the government

moves the country or stops it from moving in a particular direction

perceived by the government as either desirable or undesirable. In the

same way, new social relations are created and the scope of activity of the

individual is widened or narrowed. In many instances government enacts

laws in reaction to social situations which seemingly develop

independently or deliberately.

The amount of legislation that a government may generate to aid

itself depends upon the variety and novelty of the business it has to

accomplish. It also depends upon its belief in the efficiency of law; the

latter position is usually ideological.

Parliamentary Counsel who draft the Bills for a government should

have due regard to, and respect for, the principles which govern the

means of communication-that is language. Each language has its own

conventions. Each language has its own nuances. An adherence to these

conventions and nuances is the essence of an effective communication; it

is a discipline in itself.

The basis unit of the language is the sentence. A sentence is an

arrangement of words in such a manner that some thought or idea is

conveyed to the person to whom the sentence is addressed. Where the

arrangement of the words is lucid and is the appropriate order a particular

meaning is conveyed. Where there is an inappropriate arrangement of

words an ambiguity may be created. The meaning intended to be

conveyed is not clear. That will not do for a command, a prohibition,

which is what the law-statute law-seeks to do.

An understanding of the principles of grammar is absolutely

necessary. The language of legislation may be peculiar but it need not be.

Legislative drafting does not have its own peculiar rules of grammar or

of syntax. An appreciation of the language of the law is essential to the

work of Parliamentary Counsel. They must have a sufficient knowledge

of the principles of law generally and of the laws of their particular

jurisdiction.

In the light of the aforesaid principles of legislation, the

comments/suggestions of the Commission are as follows:-

1. From the perusal of the draft, it appears that the extent of the Act is

for the municipal areas which are comprising the District Head Quarters

in the State. All the District Head Quarters of the Stare are in urban areas.

Therefore, in the long title as well as short title, the word “Urban” should

be inserted in between the words “Uttar Pradesh” and “Buildings”.

2. In Section 2 (b) the words “State Rent Control Act” have been

used. In the opinion of the Commission, these words should be

substituted by “Uttar Pradesh Urban Buildings (Regulation of Letting,

Rent and Eviction) Act, 1972 ( U.P. Act No. 13 of 1972)

3. In the definition clause, in section 2(c), the definition of landlord

should be much wide so as to include the property manager, agent,

trustee, guardian or attorney of such landlord.

4. Because the property manager has already been proposed to be

included in the definition of landlord in Section 2(c), therefore the

property manager as proposed in Section 2(h) need not be defined.

5. In Section 2(i) the words “Property Manager” should be deleted

because the definition of landlord already includes it.

6. Regarding definition clause 2(k) in which rental unit has been

defined, it is submitted that only residential use has been included. The

commercial use or use of a building or part of building for non-residential

use i.e. store room, garages, out-houses, parking etc. have not been

included.

From the perusal of the Draft, it appears that the intention of the

draft man is to cover only residential units. Nothing has been said

regarding non-residential and commercial tenancies. It appears to be a

greatest lacunae of this drafting and if under the proposed draft, the non-

residential building and commercial building is not covered, then it is not

clear as to under which law the non-residential building including

commercial building shall be governed. As far as existing Act 13 of 1972

is concerned, it covers both residential and non-residential roofed

structure. The experience has shown that there is much litigation

regarding the commercial use of building because the rent is very meagre

while the proceeds to the tenant are very high. Therefore, in the opinion

of the Commission, non-residential roofed structure as well as

commercial buildings should also be covered under the proposed draft

and necessary alterations and additions in the draft have to be made. No

doubt, it shall be the prerogative of the administrative department to

cover the non-residential and commercial buildings in the proposed draft

or to make a separate law on that point. It is also necessary in view of

provision of Section 45 of the draft, which provides that the Uttar Pradesh

Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972

shall stand repealed from the date of commencement of this Act. If the

Act No. 13 of 1972 is proposed to be repealed by this Draft Bill, then the

fate of non-residential roofed structure as well as commercial buildings

may hang in the sky which is not advisable.

7. In the definition clause, Section 2(m), the tenant has been defined

which also includes sub-tenant. On the one hand, in Section 7 of the

draft, the sub-tenancy has been prohibited and it has been made a

punishable offence. Moreover, it has also been made a ground for

eviction. The experience has shown that there has been much litigation on

the point of subletting and Hon‟ble the Supreme Court has also in

Jagdish Prasad vs. Smt. Angoori Devi (2017) 15 SCC 230 has

enumerated principles regarding eviction of tenant on the ground of

subletting. In the opinion of the Commission, the subletting even with

the alleged consent of the landlord should be prohibited and, accordingly,

in this definition clause, the sub-tenant should not be included.

8. In Section 3, exemptions have been provided regarding certain

buildings. These exemptions are required to be much more exhausted. It

is prevalent in the society that the plots or the buildings are used for

letting for factories, industries, cinema , multiplex and theatre, public

entertainment and amusement, like sport stadium. Therefore, such

buildings should also be exempted.

In the same way, there are various societies and companies which

provide housing accommodation to its officers or servants during the

course of their employment and as soon as the employment is ceased, the

officers or servants of the Company or Firm are required to vacate such

building and it has also been experienced that the workers or employees

do not vacate housing accommodation of the Company or the Firm after

termination of his job, may be in the natural course or due to some

disciplinary proceeding and the litigation starts between the two.

Therefore, such buildings should also be exempted from the ambit of the

Act.

It is also necessary to exempt such premises let out to Banks,

Public Undertakings, Corporations, Multi-National Companies, Foreign

Embassies and International Organizations or to a Citizen of Foreign

Country because if such institutions and persons are not exempted from

the provisions of this Act, then unnecessary litigation shall take place.

In the existing Act, the buildings constructed after 26th

April, 1985

are exempted for a period of forty years. To promote the building

activities and infrastructure, it is necessary to exempt such buildings for a

definite period, say, thirty years or forty years. In the same way, in the

existing Act, any building whose monthly rent exceeds Rs. 2000/- is

exempted w.e.f. 26.09.1994 by way of U.P. Act No. 5 of 1995. In the

opinion of the Commission, it appears that looking into all circumstances,

such buildings whose monthly rent exceeds Rs. 10,000/- should be

exempted from the operation of the present draft Bill. In nutshell,

exemptions which are available in the Act 13 of 1972 must be maintained

so as to minimize the litigation.

9. In Section 4 of the draft, there is provision for Notification of

Tenancy. It has been provided in the draft that such tenancy agreement

will be registered or notarized with the Notary Public. It is violative of

provisions of Section 17 of the Registration Act, 1908 (Act No. 16 of

1908) because Section 17 of the said Act provides that when there is a

tenancy exceeding twelve months, it shall be registered under the

provisions of the Act and on which the stamp duty is also payable. In

these circumstances, if any tenancy agreement, the period of which

exceeds twelve months, should be compulsorily registered and it is the

option of the landlord and tenant to get registered a tenancy agreement if

it is even for a lesser period. Section 4(1) of the draft bill starts with non

obstante clause, meaning thereby having overriding effect of any other

law for the time being in force. The State Legislature has no power to

override the provisions of any Central Act unless it is in the concurrent

list of Seventh Schedule of the Constitution. However, for the tenancies

of less than twelve months, such tenancy agreement may be notarized.

The same position is applicable to Section 4(2) and Section 4(4). In

Section 4(1), two copies of the tenancy agreement are required to be

made in original. In the opinion of the Commission, for the words “two

copies” the words “two sets” may be used. In Section 5(2) of the draft

Bill, option has been given to tenant for renewal or extension of the

tenancy. In the opinion of the Commission, this option should be given

to both the parties. Sub clause (3) of Section 5 may create a problem to

the landlord because it presumes the automatic renewal of the tenancy on

month to month basis. In the opinion of the Commission, if the tenancy

for a fixed term either does not get it renewed or extended, then the

tenancy must be deemed to have been terminated and the tenant must be

liable for immediate eviction.

10. Provisions of Section 5(4) and Section 6 are to some extent vague.

There is provision for inheritability of existing tenancies in Section 6 but

no such inheritance has been provided for a tenant regarding tenancy

entered into after enforcement of this Act. It may create some practical

problem also. Suppose there is a tenancy for one year and the tenant dies

in the last week of the twelve months, then , as per the provisions of

Section 5(4), the tenancy will continue till the end of tenancy period. The

heirs of the tenant may face practical difficulty. Section 5(4) is also in

contravention of Section 2(m) in which the successor has been included

in the definition of the tenant. When no succession has been provided for

the tenancies created after the enforcement of proposed Act, then there is

no need to keep the successor in the definition of the tenant. In the

opinion of the Commission, some fixed period must be mentioned in the

contingency of the death of the tenant which may provide either fresh

lease by the successors in their individual capacity or the option to vacate

the building within six months of the death of tenant. In Section 6 of the

draft Bill, the inheritability of existing tenancy has been defined and in

sub clause (b), the word „Children‟ has been mentioned. The word

„Children‟ is vague and it is not clear as to children of the original tenant

or grand-children or even the minor children are also included or not. In

the opinion of the Commission, widowed or the divorced sister of the

tenant should also be included in the lease of the successors and in the

proviso to Section 6, “dependency” on the deceased-tenant should also be

a conditions precedent for the successors to succeed the tenancy.

In the same way, the provision should be clarified regarding non-

residential building because if the building has been let out to a firm, then

certainly it should devolve upon the partners of the firm and not to the

natural successors of the tenant. As has been mentioned earlier that non-

residential buildings should also be covered under the provisions of this

Act and necessary amendments at different places may be made.

11. The subletting as discussed above opens various doors of litigation to

the landlord. In the opinion of the Commission, there should be complete

restriction on the subletting even with the consent of the landlord. If

situation of subletting arises, then independent tenancy should be created

in favour of proposed sub-lettee.

12. Sections 8, 9 and 10 deal with rent and revision of rent. There is no

problem regarding tenancies which have been entered into on or after

commencement of this Act because for every tenancy the agreement has

to be made in writing but as far as existing tenancies are concerned, in

majority of cases there is no written agreement. If the landlord proceeds

to revise the rent in view of Section 9 of the draft Bill that will certainly

open the door of dispute with the tenant because neither any formula nor

any criteria has been laid down in Sections 9 or 10 to revise the rent.

There has been much litigation regarding standard rent under the U.P. Act

13 of 1972. Certainly, if the landlord is getting sufficient return of his

investment by way of rent, there may not arise any dispute between the

landlord and tenant. But it is universal truth that the value of rupees is

falling down day-by-day and the purchasing power is also decreasing.

Moreover, the Government taxes and prices of daily needs items are

increasing day-by-day. Therefore, the rent agreed five years ago, may not

be substantive rent in the present time.

At the same time, it is also necessary to curb the malpractices of

the landlords to increase rent in an arbitrary manner. Although, the

power has been given to the Rent Tribunal but in Section 10 also, no

criteria has been laid down. Therefore, in the opinion of the Commission,

some criteria or formula which may provide for minimum or maximum

increase in the rate of rent should be provided.

Section 9(5) of the draft bill which provides that the tenant shall

not sublet a unit higher than the rent charged by the landlord. It is also in

contradiction with Section 7 as the Commission has expressed its opinion

that the subletting, transfer or assign any rights in the tenancy should be

completely prohibited.

13. In the opinion of the Commission, the provision of Section 12

regarding furnishing of copy to the tenant is not required and a clause

may be added in Section 4 of the draft Bill for supply of the copy at the

time of its execution.

14. In Section 13 of the draft Bill, a provision has been made to

provide the receipt of rent. In Section 13(a) the rate of simple interest has

not been mentioned and it has been left open for the Government to

prescribe the rate. In the opinion of the Commission, the rate of simple

interest may be mentioned as 9%.

In the same way, tender of rent or other charges are required to be

paid by postal money order or through A/c Payee Cheque or in any other

manner as prescribed. Again the burden has been put upon the

government to prescribe the manner of payment which should be deleted.

In Section 14(a) only two modes have been provided i.e. Postal Money

Order or A/c Payee Cheque. Nowadays, Postal Money Orders are now

outdated and tendering an A/c Payee Cheque will again give rise to

litigation in case the Cheque is dishonoured. In the era of Information

Technology, various modes of payment, like, E- Transfer, RTGS, NEFT

and Paytm etc. are prevalent. Therefore, the provision should be made to

make payment either cash or directly deposit in the Bank or through

aforesaid modes. It should also be made mandatory in the rent agreement

to provide the bank details for the purpose of deposit of rent.

15. As far as provision of Section 14(b) is concerned, in the event of

non-acceptance of rent and other charges, the tenant should be required to

issue a notice to the landlord for his alleged refusal and the burden of

proof for refusal or neglect to accept the rent should be on the tenant. If

even on receipt of the notice, the rent is not received by the landlord ,

then only doors of Rent Tribunal be knocked and for moving any

application before the Rent Tribunal for deposit of rent. A procedure

should be prescribed for filing the petition which should contain all the

necessary particulars, such as, the details of the premises, rate of rent,

period of rent, name and address of the landlord or the person claiming to

be entitled to such rent and such other particulars as may be required.

16. A provision has been made in Section 14(d) regarding forfeiture of

rent by the government. In the opinion of the Commission, this provision

is contrary to the established principles of law because entitlement for the

rent is of the landlord or his successors and the government has no claim

over such rent. This clause (d) will provide unjust enrichment to the

government which is not required at all.

17. In Section 15, the maintenance responsibilities of both the landlord

and tenant as mentioned in Schedule III have been mentioned. Perusal of

Schedule III reveals that no specific period for white washing of walls

and painting of doors and windows has been provided. Just to harass the

landlord, the tenant may ask to get white washed the walls at a short

intervals. It is known fact that nowadays such paints and polishes are

available in the market which are durable for a longer period, say, four or

five years. Therefore, some fixed period should be provided in Schedule-

III Part-A Item 2. As far as other items of Part-A of Schedule-III are

concerned, it also do not appear to be practical. Section 15(1) provides

that the landlord and tenant will be responsible for respective repairs but

suppose the tenant with a view to harass the landlord causes damage to

the plumbing pipes or electrical wiring, then the landlord has to incur

expenses much more than the amount that the landlord is getting as rent.

Therefore, this provision requires change.

18. As far as sub-clauses 3 and 4 of Section 15 are concerned, some

limit should be fixed in terms of money for carrying out the alleged

repairs. Otherwise, if the repairs of heavy amount are done either by the

tenant or by the landlord, it will again give rise to unnecessary litigation.

19. As far as provisions of Section 17 are concerned, it also do not

appear to be practical because under sub-clause (a), a written notice is

required at least 24 hours before the time of entry. In the opinion of the

Commission, the relationships between landlord and tenant must be such

which should minimize the written correspondence between the parties.

If the relation between landlord and tenant is cordial, no tenant will refuse

the landlord to enter into a rental unit for inspection or otherwise.

Moreover, right should be given to the landlord to enter a rental unit

immediately if the tenant is performing any action which may damage or

deface the property. For example, if the tenant is using drill machine for

hanging the calendar, clock, curtain etc. and if as provided in Section 17

(a), 24 hours written notice, then the tenant will finish his work and the

landlord will be left with no option. Therefore, these provisions must be

drafted in such a way so as to maintain the cordial relations between

landlord and tenant.

20. As far as information about property manager is concerned as

mentioned earlier that in the definition of landlord, the trustee, guardian,

receiver, agent or any other person have been included and it should be

mentioned in the tenancy agreement that if there is any such person on

behalf of the landlord, his complete particulars must be mentioned in the

tenancy agreement and in this way there is no need of provisions of

section 18.

21. As far as role of responsibility of the property manager is

concerned, property manager has nothing to do with the provisions of this

Act. It is the agreed terms between the property manager or agent and

the landlord to perform the agreed works. Therefore, in the opinion of

the Commission, there is no need to define role and responsibilities of

the property manager in the Draft Bill.

22. The provisions of Section 20 regarding withholding of essential

services are welcomed but the fine of Rs. 100/- per day is a very meagre

amount. The Rent Tribunal should be authorized to levy a heavy penalty

as per his discretion but not exceeding Rs. 2000/- per day.

23. In Section 20(4), the provision of compensation has been made but

no criteria has been fixed for the Rent Tribunal. In the opinion of the

Commission, quantum of compensation should be specified.

24. As far as the provisions of termination of tenancy as contained in

Section 21 of the draft are concerned, in the opinion of the Commission,

one month notice is sufficient. There has been a much ocean of litigation

on the word “bonafide” and in the existing Act 13 of 1972 also the word

“bonafide” has been used. The landlord is the owner of the property and

he has invested his hard earned money in purchase of the property.

Therefore, it is a prime right of the landlord to utilize his building. It

should be the satisfaction of the landlord that he requires the tenanted

portion for himself or spouse or children or other dependent. When there

are provisions in the draft for a fixed term tenancy or month to month

tenancy and it has also been provided that if the tenancy is not renewed

either by the landlord or the tenant, then the tenancy shall stand

terminated. Invariably, in the litigation a plea is raised that the landlords

do not require the tenanted premises. It has also been experienced that

the landlord is not in a position to fetch a reasonable price of his property

if he wants to sell that but for the reason that it has been given on rent.

The tenant has option to take another property on rent at other suitable

place but the landlord, who has invested whole of his earnings, may not

be in a position to purchase another property and it may be foolish to

argue that the landlord should take some other property on rent for his

requirements or for the requirement of his spouse, children or dependent.

In the opinion of the Commission, in such a situation, priority must be

given to the landlord to use his building in a way he likes which in the

eyes of tenant may not be reasonable.

25. As far as provisions of Section 21 (2) are concerned, it appears to

be reasonable.

In Section 21(5) it is being provided that in case of tenancy of more

than five years, landlord has right to get it vacated without assigning any

reason.

In Section 21(6) at least a period of one month should be provided

after cessation of employment of the landlord and a provision should also

be made for charging rent at the rate of market rate for first three months

and double the market rate for the subsequent three months as provided in

the U.P. Public Premises Act, 1972.

26. On the one hand, draft Act is applicable for the residential building

only as per definition given in Section 2(k), but on the other hand under

Section 23 a right has been given to the landlord to recover immediate

possession of non-residential building as provided in Section 23(1)(a)(ii)

proviso. This provision is in contradiction with the other provisions of

the draft Act but as the Commission has already suggested that non-

residential building should also be included in the purview of the Act,

therefore, if the administrative department decides to take non-residential

buildings under the purview of this Act, then this provision may be

retained otherwise this provision may be struck off.

27. In Section 23(1)(a)(iii) , it has been provided that the senior citizen

can file petition after expiry of three years from the date of letting out the

building. In the opinion of the Commission, the rider of three years is not

reasonable and it should be only one year.

28. Similarly, in case of death of landlord, spouse has been debarred to

file petition for taking immediate possession for a period of one year as

provided in Section 23(1)(b) and (c). In the opinion of the Commission,

this period should be reduced to three months because after the death of

the landlord, spouse may require immediate possession.

29. In Section 26, the compensation has been provided in case of non-

vacancy. In the opinion of the Commission, the word “compensation”

should be substituted by the word “damages”.

30. The period of 14 days‟ notice as provided in Section 27 of the draft

should be reduced to 3 days in place of 14 days because whenever any

landlord wants to sell his property, prospective buyer would like to

inspect the property at the earliest so as to make up his mind. It is also

well known that there may be more than one prospective buyer and if the

time limit of 14 days‟ notice is maintained, it may cause undue hardship

to the landlord.

31. As far as provisions of Section 29 are concerned, there is no

provision for a consequence that if the tenant fails to comply with the

order of the Rent Tribunal, then what shall happen. Therefore, a proviso

should be added that in case the tenant commits default, the tenant shall

be liable for immediate dispossession.

32. In Section 30 of the draft, the duties of tenant and landlord have

been enumerated but the provision of Section 30(4) appears to be

unreasonable and for the word “major” the word “minor” should be

substituted.

33. In Section 30(7), the tenant has been given a right to get water,

electric connection and sanitary fittings in the building. In the opinion of

the Commission, prior to performing any work as provided in sub-clause

(7), a written communication to the landlord must be given.

34. Provisions of Section 30(10) appear to be unreasonable and

arbitrary because it provides a penalty upto Rs. 5000/- or an amount equal

to three months rent for failure to inform the local police about the

tenancy. This provision may even be misused by the local police station.

Therefore, this provision requires reconsideration.

35. Chapter VI deals with constitution of Rent Tribunal. Till now,

under the existing Act No. 13 of 1972, limited powers have been given to

Judiciary. After the new Code of Criminal Procedure, 1973, there has

been complete separation of powers between the executive and the

judiciary. This Chapter provides that the Presiding Officer of the Rent

Tribunal as well as Appellate Rent Tribunal may be a member of U.P.

PCS(J), IAS, PCS or other services and where there are two or more Rent

Tribunals, then the distribution of business shall be done by the State

Government by general or specific order. It may not be possible and

practical for the State Government to issue such orders time and again.

In the opinion of the Commission, the Presiding Officer of Rent Tribunal

as well as of Appellate Tribunal should be from the PCS(J) and Higher

Judicial Services only and which should be appointed by the High Court.

If the position given in Chapter VI is admitted, then it may create delay in

the appointment of PCS(J) and HJS members by the Government because

for that the consent of the High Court is required. In the opinion of the

Commission, the Rent Tribunal may be headed by the Civil Judge (SD)

and Appellate Rent Tribunal may be headed by the member of Higher

Judicial Services to be appointed by the High Court. In case it is the

intention of the State Government to appoint retired officers, then for that

a separate structure requires to be constituted which will indulge a much

amount of expenditure for which the government may not agree.

36. Section 42 deals with transfer of pending cases. This provision

requires reconsideration because the power is being given to the new

Rent Tribunal to proceed with the matter either de novo or from the stage

it was transferred. It will create a hotchpotch position regarding existing

petitions and revisions. It is also established law that a matter has to be

decided on the basis of law which was prevalent on the date of filing of

the petition. Therefore, the pending petitions cannot be decided under

the new Draft Act. Therefore, this provision requires drastic change.

This provision of Section 42 is also in contradiction with the provisions

of Section 45(2) which provides that the pending cases shall continue and

be disposed of in accordance with the provisions of the repealed Act.

37. In the Schedule-1, the parentage and permanent address of the

tenant should also be mentioned. It should contain the Photograph,

Aadhar Card Number and Bank Account details of both the parties.

Accordingly, the Schedule-II also requires changes. Regarding Schedule-

III, the infirmities have been mentioned in preceding paragraphs

regarding Section 16.

Accordingly, the Draft requires major reconsideration and changes.

The Commission has also prepared a Draft which is annexed herewith in

which the relevant provisions of Act 13 of 1972, guidelines given by

Hon‟ble Apex Court, recommendations of the 3rd

and 6th State Law

Commission as well as provisions of the present Draft have also been

considered.

******

CHAPTER- IV

PROPOSED

DRAFT FOR

THE UTTAR PRADESH

URBAN BUILDING

( REGULATION OF

LETTING, RENT AND

EVICTION) BILL, 2018

CHAPTER- IV

PROPOSED DRAFT

FOR

THE UTTAR PRADESH URBAN BUILDING ( REGULATION OF LETTING,

RENT ANDEVICTION) BILL, 2018

INDEX

CHAPTER

1. PRELIMINARY

1. Short title, extent, application and commencement.

2. Definition

3. Exemption from operation of Act

2. REGULATION OF RENT

4. Registration of tenancy agreement

5. Inheritability of tenancy agreement

6. Rent payable

7. Revision of rent in respect of existing tenancies.

8. Revision of Rent in respect of new tenancies

9. Other charges payable

10. Receipt to be given for rent and other charges paid

3. DEPOSIT OF RENT

11. Deposit of rent and other charges by the tenant

12. Time limit for making deposit and consequence of

Incorrect particulars in application for deposit

13. Saving as to acceptance of rent and other charges payable.

4. REGULATION OF EVICTION

14. Protection of tenants against eviction

15. Right of landlord to recover immediate possession in certain cases;

16. Restriction of sub-letting

17. Dispute of relationship of landlord and tenant

18. Tribunal to promote negotiated settlement of disputes

19. Deposit and payment of rent during of rent during the pendency of

proceedings for eviction.

20. Restoration of possession of illegally dispossessed tenant.

21. Procedure for revision of rent, eviction of tenant, recovery of immediate

possession and restoration of possession.

5. CONSTITUTION OF TRIBUNALS, PROCEDURE FOR

REVISION OF RENT AND EVICTION, APPEALAND

EXECUTION

22. Constitution of Rent tribunal

23. Supply of copies of final order

24. Jurisdiction of Rent Tribunal

25. Appellate Rent Tribunal, Appeals and limitation thereof.

26. Execution of the orders

27. Procedure for setting aside ex-parte orders

28. Tribunal may grant time and adjourn the hearing

29. General power of transfer of proceedings

6. OBLIGATIONS OF LANDLORDS AND TENANTS

30. Landlord‟s duty to keep the premises in good repair.

31. Duties of tenant

32. Cutting off or withholding essential supply or service

7. MISCELLANEOUS

33. Inspection of premises

34. Jurisdiction of Civil Courts barred in respect of certain matters.

35. Proceedings by or against legal representatives.

36. Procedure for bringing legal representatives on record

37. Duty of Pleader to communicate to the Tribunal death of a party.

38. Landlord and Tenant to furnish particular.

39. Protection of action taken in good faith

40. Officers and employees of the Rent Tribunal exercising powers under this

Act deemed to be public servants

41. Transfer of pending cases.

42. Act to have overriding effect.

43. Power to remove difficulties.

44. Power to make rule.

45. Repeal and Savings.

Schedule-1

REVISED DRAFT FOR

THE UTTAR PRADESH URBAN BUILDINGS(REGULATION OF LETTING, RENT

AND

EVICTION) BILL, 2018

A

BILL

to provide for the regulation of Letting, rent and eviction relating to premises, in the

State of Uttar Pradesh, and for matters connected therewith or incidental thereto.

IT IS HERE BY enacted in the Sixtieth-Ninth Year of the Republic of India, as

follows:

CHAPTER 1

PRELIMINARY

1. Short title, extent,

application and

commencement

(1) This Act may be called the Uttar Pradesh Urban Building ( Regulation

of Letting, Rent and Eviction) Act, 2018.

(2) It extends to the whole of Uttar Pradesh.

(3) It shall apply to such of the municipal areas which are comprising the

District Headquarters in the State and such other city, municipality,

notified area, town area or other local areas having a population

exceeding one lac as per 2011 census.

Provided that the State Government, if it is satisfied that it is necessary

or expedient so to do in the interest of the general public, residing in

any other local area,may by Notification in the Gazette declare that

thisAct or any part thereof, shall apply to such area, and thereupon this

Act or part shall apply to such area.

2. Definition

(4) It shall come into force on such date as the State Government may by

notification in the Gazette appoint.

In this Act, unless the context otherwise requires-

(a) “Agreed rent” means the rent as defined under section 6 of the Act.

(b) “Amenities” includes supply of water and electricity, passages,

staircase, natural light, lavatories, lifts, conservancy, sanitary

services, telephone services, T.V. Cable services, internet services or

the like;

(c)“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 or 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;

(d) “Landlord” in relation to premises, means a person or company,who, for

the time being is receiving, or is entitled to receive, the rent of any premises,

whether on his own account as owner or on account of or on behalf of, or for

the benefit of, any other person or as a trustee, guardian or receiver for any

other person, or who would so receive the rent or be entitled to receive the

rent, if the premises were let to a tenant and include his successor-in-interest.

(e) “Local authority” means a Nagar Nigam, Municipal Corporation,

Municipal Board, Notified Area Committee or Town Area committee, a

Zilaparishad, a Development Authority established under the Uttar Pradesh

Urban Planning and Development Act, 1973, or the Uttar Pradesh

AvasEvamVikasParishad established under the Uttar Pradesh

AvasEvamVikasParishadAdhiniyam, 1965;

(f) “Other charges” means charges for electricity or water consumed by the

tenant or charges for the amenities provided by the landlord or the

Residents‟ Society, in cases of apartments and its maintenance or other

charges which are payable by the tenant under the agreement;

(g) “Premises”, means any building or part of a building which is or is

intended to be, let separately for use as a residence or non-residential use

or for any other purpose and includes-

( i )the gardens, grounds, land not being used for agricultural

purposes, godowns, garages and out-houses, if any Appurtenant to

such building or part of the building

(ii) any fittings and fixtures affixed to such building or part of the

building for the more beneficial enjoyment thereof:

but does not include a room or other accommodation in a hotel,

dharamshala, inn, sarai, lodging house, boarding house or hostel;

Explanation:- In absence of a contract to the contrary, the top of the

roof shall not form part of the premises let out to a tenant;

(h) “Public building” means any premises 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 premises belonging to or taken on lease by or on behalf of any local

authority or any public sector corporation;

(i) “Public sector corporation” means any corporation owned or controlled by

the Government and includes any company as defined in the Companies

Act, 2013, in which not less than fifty percent of the paid up share capital

is held by the Government;

(j) “Recognized educational institution” means any University established by

law in India or any institution recognized under the Intermediate Education

Act, 1921 or the Uttar Pradesh Basic Education Act, 1972 or recognized or

affiliated under the Uttar Pradesh State Universities Act, 1973;

(k) “Religious institution” means a temple, math, mosque, church, gurudwara

or any other place of public worship;

(l) “Rent Tribunal” means a Rent Tribunal constituted under sub-section (1) of

section 22 of the Act and includes an Additional Rent Tribunal constituted

under Sub-section (2) of that section;

(m) “Revision of rent” means the rent is to be revised in respect of existing

and new tenancies accordingto the formula given under section 7 and 8 of

the Act;

(n) “State Government” means the Government of Uttar Pradesh;

(o) “Tenant” means any person by whom or on whose account or behalf the rent

of any premises is or, but for a special contract, would be payable, and

includes, any such person as mentioned under section 5 of this Act

continuing in possession after the termination of his tenancy,but does not

include any person to whom a license as defined in section 52 of the Indian

Easements Act, 1882 (Central Act 5 of 1882) has been granted.

3. Exemptions

From operation

Of Act

(1) Nothing in this Act shall apply to the following, namely:-

(a) any premises of which the Government or a local authority or a public

sector corporation or a Cantonment Board is the landlord; or

(b) any premises belonging to or vested in a recognized educational

institution; or

(c) any premises belonging to or vested in a public charitable or public

religious institutions having legal and valid title thereof; or

(d) any premises belonging to or vested in a Waqf, registered under the Waqf

Act, 1995 (Central Act No. 43 of 1995) or a Waqf- alal- aulad as defined

thereunder;

(e) any premises used or intended to be used as a factory within the meaning

or the Factories Act, 1948 Act No. LXIII of 1948 where the plant of such

factory is leased out along with the premises; or

(f) any premises used or intended to be used for any other industrial purposes

including manufacture, preservation or processing of any goods or as a

cinema or theatre, where the plant and apparatus installed therein for such

purpose is leased out along with the premises:

Provided that nothing in this clause shall apply in the relation to

any shop or other premises, situated within the precincts of the cinema,

multiplex or theatre, the tenancy in respect of which has been created

separately from the tenancy in respect of the cinema, multiplex or theatre;

or

(g) any premises used or intended to be used as a place of public entertainment

or amusement (including any sports stadium, but not including a cinema or

theatre), or any premises appurtenant thereto; or

(h) any premises built and held by a society registered under the Societies

Registration Act, 1860 (Act No. XXI of 1860) or by a cooperative society,

company or firm and intended solely for its own occupation or for the

occupation of any of its officers or servants, or as a guest house, by

whatever name called, for the occupation of persons having

dealing with it in the ordinary course of business;

(i) any premises let out to a citizen of a foreign country or an embassy, High

Commission, Legation or Body of a foreign State or such international

organization as may be specified by the State Government by notification

in the official Gazette.

(j) any premises let to banks, or any Public Undertakings or any

Corporation established by or under any Central or State Act, or

multinational companies, and private limited companies or pubic limited

companies having a paid up share capital of rupees Ten crores or more;

Explanation .- For the purpose of this clause the expression “bank”

means,-

(i) the State Bank of India constituted under the State Bank of India

Act, 1955 (Central Act No. 23 of 1955);

(ii) a subsidiary bank as defined in the State Bank of India (Subsidiary

Banks) Act, 1959 (Central Act No. 38 of 1959);

(iii) a corresponding new bank constituted under section 3 of the

Banking Companies (Acquisition and Transfer of Undertakings)

Act, 1970 (Central Act No. 5 of 1970) or under section 3 of the

Banking Companies (Acquisition and Transfer of Undertaking) Act,

1980 (Central Act No. 40 of 1980);

any other bank, being a scheduled bank as defined in

clause (e) of section 2 of the Reserve Bank of India Act, 1934

(Central Act No. 2 of 1934);

k) to any tenancy, under a written agreement entered before the

commencement of this Act, for a period of five years or more and

registered under the Registration Act, 1908 (Act 16 of 1908) and not

terminable before its expiration at the option of the landlord:

(l) where premises is let out for a specific purpose of contractual services like

canteens, sanitation services etc., on contractual agreement for providing

specific services.

(m) any building whose monthly rent exceeds Rupees Ten Thousand per

month.

(n) any premises comprising the part of “ Special Economic Zone “

established by the State Government or the Central Government.

(o) to any building, constructed prior to commencement of this Act, during a

period of Twenty Five years from the date on which its construction is

completed.

(p) to any building , constructed after the commencement of this Act, for a

period of Twenty Five years from the date on which its construction is

completed.

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 any other

recognised financial Institution and the period of repayment of such loan or

advance exceeds the aforesaid period of Twenty five years, then the

reference in this clause to the period of Twenty five years shall be deemed

to be a reference to the period of twenty five years of the period ending with

the date of actual repayment of such loan or advance( including interest),

whichever is shorter.

CHAPTER –II

REGULATION OF RENT

4. Registration

of tenancy

agreement

5. Inheritability

of tenancy

(1) Notwithstanding anything contained in section 107 of the

Transfer of Property Act, 1882 (4 of 1882.) no person shall, after

the commencement of this Act, let or take on rent any premises

except by an agreement in writing as prescribed.

(2) Every agreement referred to in sub-section (3) or required to be

registered under the Registration Act, 1908, (16 of 1908.) within

such period as may be prescribed and for this purpose the

agreement shall be deemed to be a document for which

registration is compulsory under section 17 of the said Act.

(3) Where, in relation to a tenancy created before the commencement of

this Act.-

(a) an agreement in writing was entered into and was not

registered under the Registration Act, 1908, (16 of 1908.)

the landlord and the tenant shall jointly present a copy

thereof for registration before the registering officer

under the said Act;

(b) no agreement in writing was entered into, the landlord and the

tenant shall enter into an agreement in writing with

regard to that tenancy and present the same for

registration before the registering officer under the said

Act:

Provided that where the landlord and the tenant fail to present

jointly a copy of tenancy agreement under clause (a) or fail to

reach an agreement under clause (b) such landlord and the tenant

shall separately file the particulars about such tenancy with the

Rent Tribunal in such form and in, such manner and within such

period as may be prescribed.

(4) Each landlord shall provide a copy of such tenancy agreement referred

to in sub-section (1) or sub-section (3) to the police station concerned

within thirty days of agreement.

(1) In the event of death of a tenant, the right of tenancy shall devolve

for a period of one year from the date of his death on his

successors in the following order, namely:-

(a) spouse;

(b) son or daughter or where there are both son and daughter

both of them;

(c) Parents;

(d) Daughter-in-law, being the widow of his pre- deceased son:

(e) widowed or divorced sister;

Provided that the successor has ordinarily been living in the

premises with the deceased tenant up to the date of his death and was

dependent on the deceased tenant.

Provided further that a right to tenancy in a residential premises

shall not devolve upon successor in case such successor or his spouse or

any of his dependent son or daughter has, built or has otherwise acquired

vacant possession of, or has got vacated after acquisition or has been

allotted a residence in the same city, municipality, notified area or town

area.

Provided also that the right of such successor to continue in

possession of the premises under sub-section (1) shall become

extinguished on the expiry of one year or on his death whichever is

earlier, except as otherwise agreed to in between the parties.

(2) If a person, being a successor mentioned in sub-section (1), was

ordinarily living in the premises with the deceased tenant but was not

dependent on him on the date of his death, or he or his spouse or any of

his dependent son or daughter is owning or occupying a premises in the

local area in relation to the premises let to which this Act applies such

successor shall acquire a right to continue in possession as a tenant for

a limited period of Six months from the date of death of the tenant; and

on the expiry of that period, or on his death, whichever is earlier, the

right of such successor to continue in possession of the premises shall

become extinguished and such successor shall handover vacant

possession of such premises to the landlordon or before expiry of six

months from the date of death of the tenant.

Explanation:- For the removal of doubts, it is hereby declared that-

(a) Where, by reason of sub-section (2), the right of any successor

to continue in possession of the premises becomes

extinguished, such extinguishment shall not affect the right of

the dependent successor as under sub-section (1), of the same

category to continue in possession of the premises but shall not,

on such extinguishment, pass on to any other non-dependent

successor specified in the same category or any lower category

or categories, as the case may be;

(b) the right of every successor, referred to in sub-section (1) to

continue in possession of the premises shall be personal to him

and shall not, on the death of such successor, devolve on any of

his heirs.

(3) Nothing in sub-section (1) or sub-section (2) shall apply to a non-

residential premises and the vacant possession of such premises shall be

delivered to the landlord within two years-

(i) of the death of tenant, in case the tenant is an individual;

(ii) of the dissolution of the firm, in case the tenant is a firm;

(iii) of the winding up of the company, in case the tenant is a

company;

(iv) of the dissolution of the corporate body, other than a company,

in case the tenant is such a corporate body.

6. Rent payable

7. Revision of

Rent in respect

of existing

Tenancies

(1) The rent payable in relation to a premises shall be:-

(a) The rent agreed to between the landlord and the tenant as revised in

the manner provided under section 7 or section 8.

(b) In the case of tenancy entered into before the commencement of this

Act, the landlord shall, by notice in writhing to the tenant, enhance

the rent as specified under section 7 and the rent so enhanced shall be

payable from the date of such commencement. The enhanced rent

shall be paid within 30 days of the service of notice.

(1) Subject to any agreement in writing, where the premises have been let out

before the commencement of this Act, the rent thereof Shall be liable to

be revised according to the formula indicated below:-

(a) where the premises have been let out prior to 1st January, 1950, it

shall be deemed to have been let out on 1st January, 1950 and the

rent payable at that time shall be liable to be increased at the rate of

5 % per annum in case of residential accommodation and 7% per-

annum in case of non- residential premises and the amount of

increase of rent shall be compounded on an yearly basis. The amount

of rent so arrived at shall again be liable to be increased at the

aforesaid rates per annum in similar manner upto the year of

commencement of this Act.

(b) Where the premises have been let out on or after 1st January, 1950,

the rent payable at the time of commencement of the tenancy shall

be liable to be increased at the rate of 5% per annum in case of the

residential accommodation and 7% per annum in case of non-

residential premises and the amountof increase of rent shall be

compounded on an yearly basis. The amount of rent so arrived at

shall again be liable to be increased at the aforesaid rates per annum

in similar manner upto the year of commencement of this Act.

Illustration I:- For residential

Accommodation if the rent was Rs. 100 per month on 1st January,

1950, it shallbecome:

Rs. 171.00 per month on 1st January, 1960,

Rs. 278.49 per month on 1st January, 1970,

Rs. 453.58 per month on 1st January, 1980,

Rs. 738.80 per month on 1st January, 1990,

Rs. 1203.38 per month on 1st January, 2000,

Rs. 1960.12 per month on 1st January, 2010,

and so on.

Illustration II: For non-residential premises if the rent was Rs. 100

per month on 1st January, 1950, it shall become:

Rs. 196.71 per month on 1st January, 1960,

Rs. 386.96 per month on 1st January, 1970.

Rs. 814.51 per month on 1st January, 1980,

Rs.1947.44 per month on 1st January, 1990,

Rs.2945.70 per month on 1st January, 2000,

Rs. 5794.64 per month on 1st January, 2010, andso on.

(2) The rent arrived at according to the formula given in sub-section (1)

shall, after completion of each year from the year of

commencement of this Act, again be liable to be increased and

paid at the rate of 5% per annum or 7% per annum, as the case

may be, and the amount of increase of rent shall be compounded

on an yearly basis. Such rent shall further be liable to be

increased at similar rateand compounded in similar manner

8. Revision of

rent in respect

of new tenancies

9. Other charges

Payable

10. Receipt to

be given for

rent and other

charges paid

till the tenancy subsists.

(3) The rent revised as per formula given under subsection (1) shall be

payable, from the date of commencement of this Act.

(1) In the absence of any agreement to the contrary, the rent of the premises

et out after the commencement of this Act shall be liable to be increased

at the same rate as under section 7 of this Act and the amount of increase

of rent shall be compounded on an yearly basis. Such rent shall further be

liable to be increased at the similar rate and compounded in similar

manner till the tenancy subsists.

(1) A tenant shall be liable to pay to the landlord, besides the rent, the charges

for the amenities and its maintenance as agreed to between the landlord

and the tenant;

(2) The landlord shall be entitled to recover from the tenant the amount paid

by him towards charges forelectricity or water consumed by the tenant

including other charges which arc payable by the tenant under the

agreement.

(1) Every tenant shall pay rent and other charges payable within the time

fixed by agreement or in the absence of such stipulation, by the tenth day

of the month next following the month for which it is payable.

(2) Every tenant who makes payment of rent or other charges payable or

advance towards such rent or other charges to his landlord shall be

entitled, to obtain forthwith from the landlord or his authorized agent a

written receipt for the amount paid to him, signed by the landlord or his

authorized agent:

Provided that it shall be open to the tenant to remit the rent or other

charges to his landlord by cash, cheque, bank draft, postal money order or

by any other mode recognized by the law.

(3) If the landlord or his authorized agent refuses or neglects to pass to the

tenant the receipt referred to in sub-section (2), the Rent Tribunal may, on

an application made to him in this behalf by the tenant within two months

from the date of payment and after hearing the landlord or his authorized

agent, by order direct the landlord or his authorized agent, to pay to the

tenant, by way of damages, such sum not exceeding double the amount of

rent or other charges paid by the tenant and the costs of the application

and shall also grant a certificate to the tenant in respect of the payment of

rent or other charges.

Explanation- Burden of proof for refusal or neglect to pass to tenant the

receipt for the amount paid to the landlord or his authorized agent shall lie

on the tenant.

(4) If the landlord or his authorized agent refuses to accept or evades

acceptance of receipt of rent or other charges payable to him, the tenant

may, by notice in writing, ask the landlord to furnish him the particulars

of his bank account in a bank into which the tenant may deposit the rent

and other charges payable to the credit of the landlord.

(5) If the landlord furnishes the particulars of his bank account, the tenant shall

deposit the rent and other charges payable in such bank account from time

to time.

(6) If the landlord does not furnish the particulars of the bank account under

sub-section (4), the tenant shall remit the rent and the other charges

payable to the landlord from time to time through postal money order

after deducting the postal charges.

CHAPTER-III

DEPOSIT OF RENT 11. Deposit of rent

and other

charges by

the tenant

(1) Where the landlord does not accept any rent and other charges payable

tendered by the tenant within the time and the manner referred to in

section 10 or refuses or neglects to deliver a receipt referred to therein, or

where there is a bonafide doubt as to the person or persons to whom the

rent and other charges are payable, the tenant may deposit such rent and

other charges payable with the Rent Tribunal in the prescribed manner.

(2) The deposit shall be accompanied by an application by the tenant

containing the following particulars, namely:-

(a) the premises for which the rent and other charges payable are

deposited with a description sufficient for identifying the premises;

(b) the period for which the rent and other charges payable are deposited;

(c) the name and address of the landlord or the person or persons

claiming to be entitled to such rent and other charges payable;

(d) the reasons and circumstance for which the application for depositing

the rent and other charges payable is made;

(e) such other particulars as may be necessary.

(3) On deposit of the rent and other charges payable being made, the Rent

Tribunal shall send, in the prescribed manner, a copy of the application to

the landlord or persons claiming to be entitled to therent and other

charges payable with an endorsement of the date of the deposit.

(4) If an application is made for the withdrawal of any deposit of rent and

other charges payable, the Rent Tribunal shall, if satisfied that the

applicant is the person entitled to receive the rent and other charges

deposited, order the amount of the rent and other charges to be paid to

him in the manner prescribed:

Provided that no order for payment of any deposit of rent and other

charges payable shall be made by the Rent Tribunal under this sub-section

without giving all the persons named by the tenant in his application

under sub-section (2) as claiming to be entitled to payment of such rent

and other charges payable an opportunity of being heard and such order

shall be without prejudice to the rights of such persons to receive such

rent and other charges payable being decided by a court of competent

jurisdiction.

(5) If at the time of filing the application under sub-section (4), but not after

the expiry of thirty days from receiving the notice of deposit, the landlord

or the person or persons claiming to be entitled to the rent and other

charges payable complains or complain to the Rent Tribunal that the

statements in the tenant‟s application of the reasons and circumstances

which led him to deposit the rent and other charges payable are untrue,

the Rent Tribunal, after giving the tenant an opportunity of being heard,

may levy on the tenant a fine which may extend to an amount equal to

two months rent, if the Rent Tribunal is satisfied that the said statements

were materially untrue then it may order that the fine realized or any part

thereof be paid to the landlord as compensation.

(6) The Rent Tribunal may, on the complaint of the tenant and after giving

an opportunity to the landlord of being heard, levy on the landlord

12. Time limit

for making

deposit and

consequence

of incorrect

particulars

in application

for deposit

13. Saving as to

acceptance of

rent and other

charges payable

The compensation which may extend to an amount equal to two months rent,

if the Rent Tribunal is satisfied that the landlord, without any reasonable

cause,had refused to accept rent and other charges payable though tendered to

him within the time referred to in sub-section (1) of section 10 and may further

order that sum of compensation realized or any part thereof be paid to the

tenant as.

(1) No rent and other charges deposited under section 11 shall be considered

to have been validly deposited under that section, unless the deposit is

made within twenty-one days of the time referred to in section 10 for

payment of the rent and other charges payable.

(2) No such deposit shall be considered to have been validly made, if the

tenant willfully makes any false statement in his application for

depositing the rent and other charges payable, unless the landlord has

withdrawn the amount recovery of possession of the premises from the

tenant.

(3) If the rent and other charges payable are deposited within the time

mentioned in sub-section (1) and do not cease to be a valid deposit for the

reasons mentioned in sub-section (2), the deposit shall constitute payment

of rent and other charges payable to the landlord, as if the amount

deposited had been validly tendered.

The withdrawal of rent and other charges payable Deposited under section 11

in the manner provided therein shall not operate as an admission against the

person withdrawing it of the correctness of the,rate of rent and other charges

payable, the period of default, the amount due, or of any other facts stated in

the tenant‟s application for depositing the rent and other charges payable under

the said section.

CHAPTER-IV

REGULATION OF EVICTION

14. Protection

of Tenants

Against

eviction

(1) Notwithstanding anything to the contrary contained in any other law or

contract no order or decree for the recovery of possession of any premises

shall be made by Appellate Rent Tribunal or Rent Tribunal in favour of the

landlord against the tenant, save as provided in sub-section (2);

(2) The Rent Tribunal may, on an application made to it in the prescribed

manner by the landlord on determination of tenancy due to efflux of time or

by notice make an order for the recovery of possession of the premises on

one on more of the following grounds only, namely:-

(a) that the tenant has neither paid nor tendered the whole of the arrears

of the rent and other charges payable for four consecutive months

legally recoverable from him within one month of the date on which a

notice of demand for the arrears of such rent and other charges

payable has been served on him by the landlord;

Provided that in relation to a tenant who is a member of the armed

forces of the Union and in whose favour the prescribed authority

under the Indian soldiers (Litigation) Act, 1925 (Act IV of 1925) has

issued a certificate that he is serving under special conditions within

the meaning of section 3 of that Act or where he has died by enemy

action while so serving, then in relation to his heirs, the words “four

months” in this clause shall be deemed to have substituted by the

words “one year”;

(b) that the tenant has willfully caused or permitted to be caused substantial

damage to the premises; or

(c) that the tenant has without the permission in writing of the landlord made or

permitted to be made any such construction or structural alteration in the

building as is likely to diminish its value or utility or to disfigure it; or

(d) that the tenant has created a nuisance or any act of moral turpitude or has

done any act which is inconsistent with the purpose for which he was

admitted to the tenancy of the premises or which is likely to affect adversely

and substantially the landlord‟s interest therein; or

(e) that the tenant has, sub-let, assigned or otherwise parted with the possession

of the whole or any part of the premises; or

(f) that the tenant has renounced his character as such or denied the title of the

landlord and the later has not waived his right or condoned the conduct of

the tenant; or

(g) that the premises were let out for residential purposes but have been put to

commercial use wholly or partially; or

(h) that the premises were let out to the tenant for residential purposes by reason

of his being in the service or employment of the landlord and the tenant has

ceased to be in such service or employment; or

(i) that the premises is required reasonably and bonafide by the landlord for

the use or occupation for himself or for any member of his family if he is

the owner thereof, or for the use or occupation for any person for whose

benefit the premises is held:

Provided that where the landlord and tenant have entered into a

tenancy agreement either before or after the commencement of this Act

for a period of more than three years, no application for recovery of

possession of such premises shall lie under this clause unless a period of

three years has elapsed from the date of such agreement or

commencement of this Act which ever is later.

Provided further that where the landlord has acquired the

premises by transfer after the commencement of this Act and it was in

the occupation of a tenant since before its purchase, no application for

recovery of possession of such premises shall be made under this section

on the ground section (2), unless a period of three years has elapsed from

the date of such acquisition and the landlord has given a notice in that

behalf to the tenant not less than six months before such application , and

such notice may be given even before the expiration of the aforesaid

period of three years and on expiry of aforesaid period the right to

tenancy in the premises shall come to an end, even if, tenancy agreement

in between the erstwhile landlord and the tenant is to expire beyond that

period and, if the tenancy expires before the period of three years, it shall

come to an end at that time, except as otherwise agreed to in between the

present landlord and the tenant, through a fresh tenancy agreement.

Provided also that after acquisition of the premises by the landlord under

preceding proviso the landlord shall also intimate to the tenant in

possession, within one month of such acquisition.

15. Right of

landlord

to recover

immediate

possession in

certain cases

Provided also that where decree of eviction from any premises is

sought by the landlord under this clause, he shall not re-let the

whole or any part of the premises to any other person within three

years from the date of such possession and in case the premises are

let-out, the tenant shall be entitled for restoration of possession on a

petition moved by him before the Rent Tribunal and the Rent

Tribunal shall dispose of such petition expeditiously and the

procedure as laid down in section 25 shall mutatis mutandis apply;

or

(j) that the tenant or any person referred to in sub- section (1) of section 5

of the Act who has been normally residing with him or is wholly

dependent on him has, built or has otherwise acquired vacant

possession of, or has got vacated after acquisition or has been

allotted a residence in the same city, municipality, notified area or

town area; or

(k) that the premises have not been used for the purpose for which they

were let for a continuous period of six months immediately

preceding the date of the petition; or

(1) that the landlord has been required by any authority under any law to

abate the over crowding of the premises; or

(m) that the landlord requires the premises in order to carry out building

work,-

(i) at the instance of the State Government improvement

scheme or development scheme; or

(ii) because the premises have become unsafe or unfit for

human habitation.

(iii) because the premises is required for major repairs,

reconstruction, additions or alterations;

Provided that it is mandatory to re-admit the tenant after the

repair work is over subject to the terms and landlord and the

tenant.

(n) that the tenant 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 premises or otherwise done any

act which is inconsistent with use, or any act or omission which

is detrimental to the public interest or to the security of the state,

or has been convicted under any law for the time being in force

of an offence of using the premises or allowing it to be used for

illegal or immoral purposes;

(o) that the tenant has failed to deliver possession after giving notice to

quit.

(1) Notwithstanding anything to the contrary contained in this Act or any

other law for the time being in force or in any contract or usage,-

(i) A landlord shall, on a petition being filed in this behalf in the Rent

Tribunal, be entitled to recover immediate possession of a

residential premises, if he-

(a) is a landlord who being a person in occupation of any

premises allotted to him by the Government or any

local authority is required, by or in pursuance of, any

general or special order made by that Government or

authority, to vacate such premises or in default, to incur

certain obligations, on the ground that he owns, in

the local area, where he normally resides, an accommodation

either in his own name or in the name of his wife or

dependent child, there shall accrue, on and from the date of

such order, to such landlord, notwithstanding anything

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, a right to recover

immediate possession of any premises let out by him:

(b) is or was a member of any armed forces or paramilitary

forces of the Union and aforesaid petition is filed within

one year, prior to or subsequent to the date of retirement,

releases or discharge, as the case may be, or within a period

of one year from the date of commencement of this Act,

whichever is later;

(c) is or was an employee of the Central Government or the State

Government or local bodies or State owned corporations and

files the aforesaid petition within a period of one year prior to or

subsequent to the date of his retirement or within a period of one

year from the date or the commencement of this Act, whichever

is later;

(ii) a widow of such a landlord, who was a member of the Union and

has died during the course of his employment, shall, on a

petition being filed in this behalf in the RentTribunal, be entitled

to recover immediate possession of the residential premises.

(2) Where the landlord has let out more than one premises, the petition under

sub-section (1) shall be maintainable in respect of one rented building

only to be chosen by the landlord and petition under sub-section (1) shall

be maintainable only if the petitioner is not residing in his own premises

in the same city, municipality, notified area or town area.

(3) Where a landlord, after letting out his premises on the ground floor, has

incurred such permanent disability due to which he is unable to use

staircase and requires the ground floor, premises for his own residence,

he shall, on a petition being filed in this behalf in the Rent Tribunal, be

entitled to recover immediate possession of such ground floor premises

on his furnishing a certificate from duly constituted Medical Board of a

Government Hospital about such a permanent disability and on satisfying

the rent Tribunal that he has no suitable residential premises of his own

on ground floor in his possession in the same city, municipality, notified

area or town area.

16. Restriction on

sub-letting

17. Dispute of

Relationship

of landlord

and tenant

Provided that if tenant is prepared to vacate ground floor

premises in exchange of premises in occupation of landlord on the

upper floor, the Rent Tribunal shall pass order of immediate

possession in favour of landlord only on the condition that the

landlord shall make available proportionately equal portion of the

premises in his occupation on the upper floor to the tenant on such

terms and conditions as may be fixed by the Rent Tribunal.

(4) Where the landlord has recovered possession of the premises under

this section, he shall be prohibited from letting out the same to any

other person within a period of three years and in case the premises

are let out, the tenant shall be entitled for restoration of possession

on an application moved by him before the Rent Tribunal and the

Rent Tribunal shall dispose of such application expeditiously and the

procedure as laid down in section 25 shall mutatis- mutandis apply.

Explanation:-For the purpose of this section the expression

“landlord” shall mean the owner of the residential premises.

After the commencement of this Act, no tenant shall:-

(a) sub-let the whole or any part of the premises held by him

as a tenant; or

(b) transfer or assign his rights in the tenancy or in any part

thereof.

(1)where in any proceeding before the Rent Tribunal,a contention is

raised denying the existence of relationship of landlord and tenant

in between the parties it shall be lawful for the Rent Tribunal to

accept the alleged document of agreement or where there is no such

document of agreement, a receipt of acknowledgement of payment

of rent purported to be signed by the landlord as prima-facie

evidence of relationship and proceed to hear the case.

(2) Where-

(a) the agreement pleaded is oral and either party denies

relationship, and no receipt or acknowledgement of

payment of rent as referred to in sub-section (1) above is

produced, or

(b) in the opinion of the Rent Tribunal there is reason to

suspects the genuine existence of the document of agreement

or the receipt or acknowledgement of payment of rent.

18. Tribunal to

promote

negotiated

settlement

of disputes

19. Deposit and

payment of

rent during

the pendency

of proceedings

for eviction

the Rent Tribunal shall first decide the relationship between the landlord and

the tenant and thereafter proceed with the case accordingly.

(1) the Tribunal shall, in all cases where the respondent enters or is permitted to

enter defense against the application, at any time before about a negotiated

settlement of the dispute between the parties, in appropriate cases, by

referring them to the appropriate Authority under the Legal Services

Authorities Act, 1987 (Central Act 39 of 1987)

(2) Without prejudice to the provisions of sub-section (1) and subject to such

rules as may be prescribed, the Tribunal shall follow such procedure as it

deems proper to proper to promote a compromise expeditiously.

(3) Where there has been a settlement of the case by compromise, the Tribunal

shall record the terms of the compromise and pass final order in those

terms.

(1) No tenant against whom an application for eviction has been made by a

landlord under section 14, shall be entitled to contest theapplication before

the Rent Tribunal under thatsection or to prefer or prosecute an appeal or

revision under section 25 against an order made by the Rent Tribunal on

application under section 14 unless he has paid or pays to the landlord or

deposits with the Rent Tribunal, all arrears of rent and other charges due in

respect of the premises with interest thereon @ 8% per annum upto the date

of payment or deposits and continues to pay or to deposit any rent and other

charges which may subsequently become due in respect of the premises at

the rate at which it was last paid or agreed to be paid, until the termination of

the proceedings before the Rent Tribunal or the Appellate Rent Tribunal, as

the case may be.

(2) The deposit of the rent and other charges under sub-section (1) shall be made

within the time and in the manner prescribed and shall be accompanied by

such fee as may be prescribed for the service of the notice referred to in sub-

section (5).

(3) Where there is any dispute as to the amount of rent and other charges to be

paid or deposited under sub-section (1), the Rent Tribunal shall, on

application made to it cither by the tenant or the landlord and after making

such enquiry as it deems necessary determine summarily the rent to be so

paid or deposited.

(4) If any tenant fails to pay or deposit the rent as aforesaid, the Rent Tribunal or

the Appellate Rent Tribunal as the case may be, shall unless the tenant has

shown sufficient cause to the contrary, stop all further proceedings and make

an order directing the tenant to put the landlord in possession of the premises

or dismiss the appeal or revision, as the case may be.

(5) when any deposit is made under sub-section (1) the Rent Tribunal or the

Appellate Rent Tribunal, as the case may be, shall cause notice of the

deposit to be served on the landlord in the prescribed manner and the amount

deposited may, subject to such conditions as may be prescribed, be

withdrawn by the landlord on application made by him to the Tribunal in

this behalf.

20. Restoration

of possession

of illegally

dispossessed

tenant

21.Procedure for revision

of rent,eviction of

tenant and recovery

of immediate possession.

Or restoration of possession

If any tenant is dispossessed by landlord from the rented premises

without his consent otherwise than by due process of law, he may

within thirty days from the date of knowledge of such

dispossession,file a petition before the Rent Tribunal for

restoration of possession thereof.

(1) The Rent Tribunal, upon filing a petition duly supported by

affidavit and documents, for:

(a)Revision of rent under section 7 or section 8:

(b)Eviction of tenant by Landlord or any person claiming

possession under section 14:

( c) Recovery of immediate possession under section 15,

( d) restoration of possession under section 20, or

(e)Any other petition under this Act,

Shall issue the notice accompanied by copies of petition,

affidavit and other documents to the opposite party through

registered post Acknowledgment Due, or speed post or

through any other usual mode of service including a process

server of the Tribunal.

(2) The opposite party, may upon service of notice, file counter

affidavit along-with documents within three week by serving the

copy to petitioner or his counsel and the petitioner may

thereafter file the re-joinder affidavit within next one week.

(3) The rent tribunal thereafter shall fix a date of hearing which

shall not be later than two week. (4) If the opposite party fails to appear on the date so fixed before the

Rent Tribunal, he may be proceeded against ex-parte.

(5)The rent tribunal after holding such summary enquiry as it deems

necessary shall decide the petition and shall pass necessary orders.

(6) Where the Rent Tribunal decides the petition in favour of the

landlord, it shall issue a certificate along with decretal amount and

mesne profits with costs from the tenant.

(7)The certificate issued under sub-section (5) shall not be executable for

a period of three months from the date of decision.

(8)In every case before the Rent Tribunal and the Appellate rent Tribunal

the evidence of a witness shall be given by affidavit.

(9)The Rent Tribunal and the Appellate Rent Tribunal shall

not be bound by the procedure laid down by the Code of

Civil Procedure, 1908 (Central Act No. 5 of 1908), but shall

be guided by the principal of natural justice and subject to

other provisions of this Act or the Rules made thereunder

and shall have powers to regulate its own procedure, and for

the Purpose of discharging its functions under this Act they

shall have, the same powers as are vested in a civil court

under the Code of Civil Procedure, 1908 (Central Act No. 5

of 1908).

(10)Any proceeding before the Rent Tribunal or Appellate Rent

Tribunal shall be summary in nature and shall be deemed

to be a judicial proceeding within the meaning of sections

193 and 228 and for the purpose of section 196 of the

Indian penal Code, 1860 (Central Act No. 45 of 1860)

and the Rent Tribunal or the Appellate Rent Tribunal

shall be deemed to be a civil court for the purposes of

section 195 and Chapter XXVI of the Code of Criminal

Procedure, 1973 (Central Act No. 2 of 1974).

CHAPTER-V

CONSTITUTION OF TRIBUNALS, PROCEDURE FOR

REVISION OF RENT AND EVICTION, APPEAL AND

EXECUTION

22. Constitution

of Rent

Tribunal

(1) The State Government may, by notification in the Official Gazette,

constitute such number of RentTribunals and at such places as may

be deemed necessary by it and, each Rent Tribunal shall exercise the

powers conferred or perform the duties imposed on Rent Tribunals

by or under this Act.

(2) The State Government may also, by notification in the Official

Gazette, constitute such number of Additional Rent Tribunals and at

such places as it and, subject to the other provisions of this Act, the

Additional Rent Tribunal shall have and shall exercise the same

powers and discharge the same duties as the Rent Tribunal.

(3)A Rent Tribunal or an Additional Rent Tribunalshall consist of one

person only (hereinafter referred to as the Presiding Officer) to be

appointed by the High Court.

(4) A person shall not be eligible to be appointed as Presiding Officer of

the Rent Tribunal or Additional Rent Tribunal unless he is in the

cadre of Civil Judge (Senior Division).

(5) Notwithstanding anything contained in sub-section (3), the District

Judge may authorize the Presiding Officer of a Rent Tribunal to

discharge the functions of the Presiding Officer of additional Rent

Tribunal also.

(6) Where there are both Rent Tribunal and Additional Rent Tribunal at

the same station to exercise jurisdiction under this Act, in the same

territory, it shall be the Rent Tribunal who alone shall be competent

initially to entertain all applications and proceedings under this Act.

(7) The Rent Tribunal competent to entertain applications and

proceedings under this Act under sub-section (6) may transfer any

such proceeding or applications pending before him for disposal to

Additional Rent Tribunal of competent jurisdiction.

23. Supply of copies of

final order

24. Jurisdiction

of Rent

Tribunal

25. Appellate

Rent Tribunal,

Appeals and

limitation

thereof

The Copy of the final order passed by the Rent Tribunal shall, immediately

after the pronouncement of the order, be delivered to the party against whom

the same is made and if the final order is partly against one party and partly

against other party and both the parties may prefer appeal against the final

order, the copy of the final order shall be delivered to both the parties. The

copy of the final order shall bear the endorsement under the seal of the

Presiding Officer that the same is being supplied under this provision and

partly preferring an appeal shall file such a copy along with his appeal.

(1) Notwithstanding anything contained in any other law for the time being in

force, in the areas to which this Act extends, only the Rent Tribunal to hear

and decide the petitions relating to disputes between landlord and tenant

and matters connected therewith and ancillary thereto, filed under the

provisions of this Act:

Provided that Rent Tribunal shall, in deciding such petitions to which

provisions of this Act do not apply, have due regard to the provisions of

Transfer of Properties Act, 1882 (Act No. 4 of 1882), the Indian Contract Act,

1872 (Act No. 9 of 1872), or any other substantive law applicable to such

matter. The proceedings before the Rent Tribunal shall be summary in nature.

Provided further that nothing contained in this Act shall be deemed to

empower the Rent Tribunal to entertain a petition involving such dispute

between landlord and tenant to which provisions of the Uttar Pradesh Public

Premises (Eviction of Unauthorized Occupants) Act, 1972 (U.P. Act No. 22 of

1972) apply.

(2) A petition shall be instituted before the Rent Tribunal, within the local

limits of whose jurisdiction- the premises is situated.

(1) The State Government may, by notification in the official Gazette, constitute

such number of Appellate Rent Tribunals and Additional Appellate Rent

Tribunal at such places as may be deemed necessary by it, to exercise the

jurisdiction, powers and authority conferred on it by or under this Act.

(2) An Appellate Rent Tribunal or an Additional Appellate Rent Tribunal shall

consist of one person only (hereinafter referred to as the Presiding Officer) to

be appointed by the High Court.

(3) A person shall not be eligible to be appointed as Presiding officer of the

Appellate Rent Tribunal or Additional Appellate Rent Tribunal unless he is a

member of Uttar Pradesh Higher Judicial Service.

(4) Notwithstanding anything contained in sub-section (3), the District judge may

authorize the Presiding Officer of an Appellate Rent Tribunal to discharge the

functions of the Presiding Officer of Additional Appellate Rent Tribunal also.

(5) Where there are both Appellate Rent Tribunal and Additional Appellate rent

Tribunal at the same station to exercise jurisdiction under this Act, in the same

territory, it shall be the Appellate Rent

Tribunal who alone shall be competent initially to entertain all appeals,

revisions or other such proceedings under this Act.

(6) The Appellate Rent Tribunal competent to entertain appeals, revisions or

other such proceedings under this Act under sub-section (6) may transfer

appeals, to Additional Rent Tribunal of competent jurisdiction.

26. Execution

of the

orders

(7) From every final order passed by the Rent Tribunal, an appeal shall lie to the

appellate Rent Tribunal, within the local limits of whose jurisdiction the premises

is situated and such an appeal shall be filed within a period of thirty days from

the date of final order along with copy of such final order.

(8) The Appellate Rent Tribunal, upon filing an appeal under sub-section (7), shall

serve notice, accompanied by copy of appeal, on the respondent for the

appearance of the parties before it. The Appellate Rent Tribunal shall, thereafter,

fix a date of hearing which shall not be later that thirty days-from the date of

service of notice of appeal on the respondent and the appeal shall be disposed of

expeditiously preferable „within a period of three month.

(9) If the respondent fails to appear on the date so fixed before the Appellate Rent

Tribunal, he may be proceeded against ex-parte.

(10) The Appellate Rent Tribunal may in its discretion pass such interlocutory order,

during the pendency of the appeal, as it may deem fit.

12) (a) While deciding the appeal, the Appellate RentTribunal may after recording

reasons therefor,-

(i) Confirm, vary, set aside, reverse or modify the order passed,

by a Rent Tribunal; or

(ii) If necessary in the interest of justice, remand the case to the

Rent Tribunal along with such direction as it may deem fit. (b) The Appellate Rent Tribunal shall issue appropriate recovery certificate

according to the decision rendered by it.

(c) The decision of the Appellate Rent Tribunal shall be final and no further

appeal or revision shall lie against its order before any court..

Explanation- The expression “final order” referred to in sub-section (8)

shall mean an order by which any proceeding pending before the Rent

Tribunal is finally disposed of.

(1) The Rent Tribunal shall, on application of any party, execute in the manner

prescribed, a final order or any other order passed under this Act by adopting

any one or more of the following modes, namely:-

(a) attachment and sale of the movable or immovable property of the opposite

party;

(b) arrest and detention of the opposite party;

(c) attachment of any one or more bank accounts of the opposite party and

satisfaction of the amount of order to be paid from such account;

(d) attachment of salary and allowance of the opposite party if he is a

Government servant or employee of any nationalized bank, local authority,

corporation, Government company;

(e) appointing any advocate as Commissioner on such remuneration as may

be fixed or deputing any officer of the Tribunal or local administration or

local body for execution of the order.

(f) Delivery of possession to the applicant.

27. Procedure

for setting

aside

ex-parte

orders

(2) The Tribunal may, in order to execute the final order or any other order

passed under this Act, take the help of the local administration or local

body or the police.

(3) If the tenant does not vacate the premises within three months of the date

of issue of certificate for recovery of the possession, he shall be liable,

from the date of issue of certificate, for recovery of possession to pay

mesne profits at the rate of three times the rent in case of premises let out

for residential purposes, at the rate of four times the rent in case of

premises let out for commercial purposes and at the rate of four times the

rent in case certificate for recovery of immediate possession has been

issued under section 25.

(4) The Rent Tribunal shall conduct the execution proceedings, in relation

to afinal order or any other order passed under this Act in summary

manner and dispose of the application for execution made under this

section within forty five days from the date of service of notice on

opposite party.

(1) Where an ex-parte order is passed under the Act against a person, the said

person may present either personally or through an authorized agent, an

application to the Tribunal passing such order, at any time within 30 days

from the date of such order stating the reasons for non-appearance . The

Tribunal may issue a notice in prescribed form at the expenses of the party

concerned to the opposite party and if satisfied after hearing that the party

concerned was prevented from attendance before the said Tribunal by some

unavoidable circumstances, the Tribunal may restore the

petition/application on such terms as to costs, deposited with the Tribunal

concerned as imposed by it and shall fix a date for further proceedings.

Provided that no application of the tenant, for the restoration or for setting

aside an order deciding an appeal or petition or application ex-parte in favour

to the landlord, shall be entertained, unless he deposits the whole amount of

arrears of rent and other charges payable with the Tribunal concerned

Provided further that no Tribunal shall set aside an order passed ex-parte

merely on the ground that there has been an irregularity in the service of

notice, if it is satisfied that the respondent had notice of the date of hearing

and had sufficient time to appear and answer the petitioners claim.

Provided also that where there has been an appeal against an order passed

ex-parte, and the appeal has been disposed of on any ground other than the

ground that the appellant has withdrawn the appeal, no application shall lie

under this section for setting aside the ex-parte order.

(2) An application to restore an appeal or application dismissed for default

shall be made to the Tribunal concerned within thirty days from the date of

such dismissal and, accompanied by an affidavit in its support, and

thereupon, the application shall be decided after a summary enquiry by the

Tribunal concerned

28. Tribunal

may grant

time and

adjourn the

hearing

29. General

power of

transfer of

proceedings

Provided that no application of the tenant, for the restoration or for

setting aside an order deciding an appeal or petition or application ex-

parte in favour to the landlord, shall be entertained, unless he deposits

the whole amount of arrears of rent and other charges payable with the

Tribunal concerned

Provided further that no Tribunal shall set aside an order passed ex-

parte merely on the ground that there has been an irregularity in the

service of notice, if it is satisfied that the respondent had notice of the

date of hearing and had sufficient time to appear and answer the

petitioners claim.

Provided also that where there has been an appeal against an order

passed ex-parte, and the appeal has been disposed of on any ground

other than the ground that the appellant has withdrawn the appeal, no

application shall lie under this section for setting aside the ex-parte

order.

(2) An application to restore an appeal or application dismissed for default

shall be made to the Tribunal concerned within thirty days from the date of

such dismissal and, accompanied by an affidavit in its support, and thereupon,

the application shall be decided after a summary enquiry by the Tribunal

concerned

The Tribunal may, if sufficient and reasonable cause is shown, at any stage of

the case, grant time to the parties or to any of them, and may adjourn the

hearing of the case for reasons to be recorded in writhing:

Provided that no adjournment shall be granted at the request of a party,

except where the circumstances are beyond the control of that party.

Provided further that no such adjournment shall be granted more than

three times to a party during entire proceeding of the case before each

Tribunal, under any circumstances.

Provided also that the Tribunal shall make such orders as to costs

occasioned by the adjournment or such higher costs as the tribunal deems fit.

On the application of any of the parties and after notice to the parties and after

hearing such of them as desired to be heard, or of its own motion without such

notice, the District judge may at any stage:

(a) transfer any case or other proceedings pending before any Rent

Tribunal to another Rent Tribunal or Additional Rent Tribunal and the

Rent Tribunal, to whom the proceeding is transferred, may subject to

any special direction in the order of transfer, dispose of the

proceeding.

(b) Transfer any case, appeal, revision or other proceedings pending

before any Appellate Rent Tribunal to another Appellate Rent Tribunal

or Additional Appellate Rent Tribunal and the Appellate Rent

Tribunal, to whom the proceeding is transferred, may, subject to any

special direction in the order of transfer, dispose of the proceeding.

CHAPTER-VI

OBLIGATIONS OF LANDLORDS AND TENANTS

30. Landlord’s

duty to keep

the premises

in good repair

(1) Subject to any contract in writing to the contrary every landlord shall

be bound to keep the premises in good and tenantable repairs in

relation to matters falling under part A of Schedule I.

Explanation.- “Good and tenantable repairs” under this section and

under section 31 shall mean such repairs as shall keep the premises in

the same condition in which it was let out, except for the normal wear

and tear.

(2) Where any repairs in relation to a matter falling under Part A of

schedule I without which the premises is not habitable or useable

except with undue inconvenience are to be made and if the landlord

neglects or fails to make them within a period of three months after

notice in writing, the tenant may apply to the Rent Tribunal for

permission to make such repairs himself and may submit to the Rent

Tribunal an estimate of the cost of such repairs, and the Rent

Tribunal, after giving the landlord an opportunity of being heard and

after considering such estimate of the cost and making such inquiries

as he considers necessary, by an order in writhing, permit the tenant

to make repairs at such cost as may be specified in the order and it

shall thereafter be lawful for the tenant to make such repairs himself

and to deduct the cost thereof, from the rent or otherwise recover it

from the landlord:

Provided that the amount so deducted or recoverable from rent in

any year shall not exceed one-half of the rent payable by the tenant

for that year and any amount remaining not recovered in the year

shall be deducted or recovered from the rent in the subsequent years

at the rate of not more than twenty-five percent of the rent for a

month:

Provided further that where there are more than one premises

owned by a landlord in a building, the tenants thereof may jointly

carry out the repairs and share the expenses proportionately.

(3) Nothing in sub-section (2) shall apply to premises which,-

(a) at the time of letting out was not habitable or useable except

with undue inconvenience and the tenant had agreed to

take the same in that condition;

(b) after being let out, caused to be not habitable or useable

except with undue inconvenience, by the tenant.

31. Duties of

Tenant

(1) Every tenant shall be bound to keep the premises in good and

tenantable repairs in relation to matters falling under part B of

Schedule I.

(2) Where any repairs, in relation to a matter falling under Part B of

Schedule I, without which the premises are not habitable or useable

except with undue inconvenience are to be made and the tenant

neglects or fails to make them within a period of two months after

notice in writing, the landlord may apply to the Rent Tribunal for

permission to make such repairs himself and may submit to the Rent

Tribunal an estimate of the cost of the cost of such repairs, and,

thereupon the Rent Tribunal may, after giving the tenant an

opportunity of being heard and after considering such estimate of the

cost and making such enquiries as he may consider necessary, by an

order in writing, permit the landlord to make such repairs at such cost

as may be specified in the order, and it shall thereafter be lawful for

the landlord to make such repairs himself and to recover the cost of

such repairs, which shall in no case exceed the amount so specified,

from the tenant.

(3) The landlord or a person authorized by him shall have the right to enter

and inspect the premises after notice to the tenant in the manner

prescribed.

(4) The tenant shall make good all damages caused to the premises by his act

or negligence within three months of being informed in writhing to do

so by the landlord falling which the landlord may apply to the Rent

Tribunal for permission to make good the said damages and the rent

Tribunal shall decide the matter in the manner provided in sub-section

(2).

(5) The tenant shall hand over possession of the premises on determination of

tenancy in the same condition, except for the normal wear and tear, as

it was in when it was handed over to him at the beginning of such

tenancy and in a case where certain damages have been caused, not

being damages caused by force major, the tenant shall make good the

damages caused to the premises failing which landlord may apply to

the Rent Tribunal for permission to make good the said damages and

the Rent Tribunal shall decide the matter in the manner provided in

sub-section (2).

(6) The tenant shall not, whether during the subsistence of tenancy or

thereafter, demolish any improvement or alteration carried out by him

in the premises or remove any material used in such improvement or

alteration, without the permission of the landlord failing which such

demolition or alteration shall be deemed to be a damage caused by

such tenant under sub-section (4) and shall be dealt with accordingly.

32. Cutting off

or withholding

essential supply

or service

(1) No landlord cither himself or through any person purporting to act on

his behalf shall, without just and sufficient cause cut off or withhold

any Essential supply or service enjoyed by the tenant in respect of

the premises let to him.

(2) If a landlord contravenes the provisions of sub-section (1), the tenant

may make an application to the Rent Tribunal complaining of such

contravention.

(3) If the Rent Tribunal is satisfied that the essential supply or service was

cut off or withheld by the landlord with a view to compel the tenant to

vacate the premises or to pay an enhanced rent, the Rent Tribunal may

pass an order directing the landlord to restore the amenities

immediately, pending enquiry referred to in sub-section (4).

Explanation.-An interim Order may be passed under this sub-section

without giving notice to the landlord.

(4) If the Rent Tribunal on inquiry finds that the essential supply or service

enjoyed by the tenant in respect of the premises was cut off or withheld

by the landlord without just and sufficient cause, he shall make an order

directing the landlord to restore such supply or service.

(5) The Rent Tribunal shall complete an enquiry under sub-section (4)

within a period of one month of filing of an application for enquiry

unless the Rent Tribunal, for reasons to be recorded in writing, decides

that it is not possible to complete the enquiry within such period.

(6) The Rent Tribunal may in his discretion direct that compensation not

exceeding one thousand rupees be paid to,-

(a) the landlord by the tenant, if the application under sub-

section (2) was made frivolously or vexatiously;

(b) the tenant by the landlord, if the landlord had cut off or

withheld the supply or service without just and

sufficient cause.

Explanation I.- In this section, “essential supply or

service” includes supply of water, electricity, lights in

passage and on staircases, conservancy and sanitary

services

Explanation II.-For the purposes of this section,

withholding nay essential supply or service shall

include acts or omissions attributable to the landlord on

account of which the essential supply or service is cut

off by the local authority or any other competent

authority.

CHAPTER-VII

MISCELLANEOUS

33. Inspection

of premises

34. Jurisdiction

of Civil

Courts barred

in respect

of certain

matters

35. Proceedings

by or against

legal

representatives

36. Procedure

for bringing

legal

representatives

on record

37. Duty of Pleader

to communicate

to the Tribunal

death of a party

38. Landlord and

tenant to

furnish

particulars

The landlord or a person authorized by him shall have a right to enter and

inspect the premises let out by him at day time after giving prior notice of at

least one day to the tenant. However, such inspection shall not be carried out

by the landlord more than twice in a month.

Save as otherwise expressly provided in this Act, no civil Court shall entertain

any suit or proceedings in so far as it relates to any matter to which this Act

applies or to any other matter which the Rent Tribunal is empowered by or

under this Act to decide, and no injunction in respect of any action taken or

to be taken by the Rent Tribunal or the Appellate Rent Tribunal under this

Act shall be granted by any civil court.

(1) Any application made, appeal preferred, or proceeding taken under this

Act by or against any person, may, in the event of his death be continued

by or against his heirs or legal representatives.

(2) Where any appeal or other proceeding would have been made, preferred

or taken under this Act by or against any person such application, appeal

or other proceeding may, in the event of his death, be made, preferred or

taken by or against his heirs or legal representatives.

(1) Every application for substituting the names of the heirs or legal

representatives, the claimants-occupants any person who was a party to any

proceedings under the Act and died during the pendency of the proceedings

shall be preferred within one month from the date of the death of such

person.

(2) The application shall contain the names and addresses and other details of

the heirs or legal representatives and their relationship with the deceased and,

be accompanied by an affidavit in its support, and thereupon, the application

shall be decided after a summary inquiry by the Tribunal concerned.

Whenever a pleader appearing for a party to the case comes to know of the death

of that party, he shall inform the Tribunal about it, and the Tribunal shall

thereupon give notice of such death to the other party, and, for this purpose, the

contract between the pleader and the deceased party shall be deemed to subsist.

Every landlord and every tenant of a premises shall be bound to furnish to the

Rent Tribunal or any person authorized by it in that behalf, such

particulars in respect of the premises as may be prescribed.

39. Protection of

Action taken in

Good faith

40. Officers and employees of

Rent Tribunal exercising

powers under this Act deemed

to be Public Servants

41. Transfer of

Pending cases

42. Act to have

overriding

effect

43. Power to

Remove

Difficulties

44. Power to

Make rules

(1) No suit, prosecution or other legal proceeding shall lie in any court

against any tribunal, any officer or staff of the Tribunal or Servant of the

State Governmentor any person acting under his direction or assisting him

in respect of anything which is in good faith done or purported or

intended to be done in pursuance of this ant or any rule or order made

there under.

(2) No suit or other legal proceedings shall lie against the State Government

for any damage caused or likely to be caused by anything which is in

good faith done or intended to be done in pursuance of this Act or of any

rule or of order made thereunder.

The presiding officers and other employees of the Rent Tribunals,

Additional Rent Tribunals, Appellate Rent Tribunals and Additional

Appellate Rent Tribunals appointed under this Act shall be deemed to

be public servants within the meaning of section 21 of the Indian

Penal Code, 1860 (45 of 1860).

On the commencement of this Act, all cases pertaining to the matters in

respect of which the Tribunal shall have Jurisdiction under this Act and

pending before, the District Magistrate or an officer authorized by him or

Prescribed Authority, constituted under the U.P. Urban Building

(Regulation of letting, Rent and Eviction) Act, 1972 (U.P. Act. NO. 13 of

1972) or any other Court shall stand transferred to the Tribunal and the

Tribunal may proceed with the matter from the stage it was transferred, as

it thinks fit.

The provision of this Act shall have effect notwithstanding anything

inconsistent therewith contained in any other Law for the time being in

force or in any instrument having effect by virtue of any Law other than

this Act.

(1) If any difficulty arises in giving effect to the provisions of this Act, the

State government may, by order published in the Official Gazette, make

such provisions, not inconsistent with the provisions of this Act, as may

appear to be necessary or expedient for removal of the difficulty:

Provided that no such order shall be made after the expiry of a period of two years

from the date of commencement of this Act.

(2) Every order made under this section shall, as soon as may be after it is made,

be laid before each house of the State Legislature.

(1) The State Government may, by notifications in the Official Gazette, make

rules for carrying out the purposes of this Act.

(2) Every rule made by the State Government under this Act, shall be laid, as soon

as may be after it is made, before each House of the State Legislature.

45. Repeal and

Savings

(1) The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and

Eviction) Act, 1972 (U.P. Act No. 13 of 1972) is hereby repealed.

(2) Notwithstanding such repeal and subject to the provisions of section 47,-

(a) all proceedings in execution of any decree or order passed

under the repealed Act, and pending at the commencement

of this Act, in any Court shall be continued and disposed

of by such Court as if the said enactment had not been

repealed;

(b) all cases and proceedings other than those referred to in clause

(a) pending at the commencement of this Act, in respect of

the premises to which this Act applies, shall be continued

and disposed off in accordance with the provisions of this

Act.

(c) all other cases and proceedings pending in respect of premises

to which this Act does not apply shall as from the date of

commencement of the Act stand abated.

SCHEDULE-I

(See sections 30 and 31)

A. Structural repairs to be got done by the landlord:

1. Structural repairs, except those necessitated by damage caused by the

tenant.

2. Whitewashing of walls and painting of doors and windows once in three

years.

3. Changing and plumbing pipes, when necessary.

4. Internal and external wiring and related maintenance.

B. Day to day repairs to be got done by the tenant:

1. Changing of tap washers and taps.

2. Drain cleaning.

3. Water closet repairs.

4. Wash basin repairs.

5. Bath tub repairs.

6. Geyser repairs.

7. Circuit breakers repairs.

8. Switches and sockets repairs.

9. Repairs and replacement of electrical equipment, except major Internal

and external wiring changes.

10. Kitchen fixtures repairs.

11. Replacement of knobs and locks of doors, cup-boards, windows, etc.

12. Replacement of flynets.

13. Replacement of glass panels in windows, doors, etc.

14. Maintenance of gardens and open spaces let-out to the tenant.