The uttar pradesh urban buildings (regulation of letting, rent and eviction) act, 1972

9 
 
THE UTTAR PRADESH URBAN BUILDINGS  
(REGULATION OF LETTING, RENT AND EVICTION) ACT, 19721 
[U.P. Act No. 13 of 1972] 
 
Amended by the president’s Act no. 19 of 1973 
U.P. Act No. 19 of 1974 
U.P. Act No. 30 of 1974 
[Passed in Hindi by the Uttar Pradesh Legislat ive Assembly on January 18, 1972, 
and by the Uttar Pradesh Legislative Council on January 21, 1972] 
[Received the assent of the President on March 8, 1972 under Article 201 of the 
constitution of India and was published in the Uttar Pradesh Gazette, Extrao rdinary, dated 
March 13, 1972.] 
AN 
ACT 
      to provide, in the interest of the general public, for the regulation of letting and rent of, 
and the eviction of tenants from, certain classes of buildings situated in urban areas, and for 
matters connected therewith. 
It is hereby enacted in the Twenty-third year of the Republic of India as follows:-- 
Chapter I 
Preliminary 
Short title,  
extent, 
application and  
commencement   
 
 
U.P. Act no. II 
of 1959 
 
U.P. Act no. II 
of 1916 
 
U.P. Act no. II 
of 1916 
 
U.P. Act n o. II 
of 1914 
 
1- (1) This Act may be called t he Uttar Pradesh Urban Build ings (Regulation of 
Letting, Rent and Eviction) Act, 1972.  
(2) It extends to the whole of Uttar Pradesh.  
(3) It shall apply to-  
(a) every city as d efined in the Uttar Pra desh Naga r Mah apalika, 
Adhiniyam, 1959;  
(b) every municipality as defined in the United Provinces Municipalities 
Act, 1916;  
(c) every notified area, constituted under the United Provinces 
Municipalities Act, 1916; and  
(d) every town area, constituted under the U nited Provinces Town Areas 
Act, 1914: 
Provided that the State Government, if it is satisfied that it is necessary or 
expedient so to do in the  interest of the general pub lic, residing in any other local 
area, may b y notification in the Gazette declare that  this Act or any part ther eof 
shall apply to such area, and thereupon this Act or part shall apply to such area :  
Provided further that the State Government, if it is satisfied that it is necessary 
or expedient so to do in the interest of general public, may by notification in 
Gazette-  
(i)   cancel or amend any notif ication issued under the pre ceding 
proviso; or  
 
1- For Statement of Objects and Re Reasons See Uttar Pradesh Gazette Extraordinary, 
dated May 13, 1970.  
10 
 
[The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972]        [Section 2] 
 
  (ii) declare that the Act or any part thereof, as the case may be, shall 
cease to apply to any such  city, municipality, notified area town area or  
other local area as may be specified, and  thereupon this Act or part shall 
cease to apply to that city, municipality, notified area  town area or  other 
local area, and may in the like manner cancel or amend such declaration.  
(4) It shall come into force on such date1 as the State Government may me by 
notification in the Gazette appoint,  
 
Exemptions 
from operation  
of Act  
 
 
 
 
 
Act No. LXIII 
of 1948  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Act No. XXI 
of 1860  
 
2- (1)  Nothing in this Act shall apply to [the following; namely -:]4  
[(a) any building of which the Government or a  local authority or a 
public sector corporation [or a Cantonment Board]6 is the landlord; or ]5  
(b) any building belonging to or vested in a recognized educational 
institutions, [***]7 ; or 
[(bb)  any building belonging to or vested in a public c haritable or public 
religious institution; 
(bbb) any building belonging to or vested in a waqf including a        
waqf-alal-aulad;]8 
(c) any building used or intend ed to be used as a factory with  in the 
meaning of the Factories Act, 1948 [where  the plant of such factory is leased 
out along with the building]2 ; or 
(d) any building used or intended to be used for any other industrial 
purpose (that is to say, for the purpose of manufacture, preservation or 
processing of any goods) or as a cinema or theatre, w here the plant and 
apparatus installed for such purpose in the building is leased out along with 
the building:  
Provided that nothing in this clause shall apply in relation to any shop or 
other building, situated within the precincts of the cinema or theat re, the 
tenancy in respect of which has been created separately from the tenancy in 
respect of the cinema or theatre; or  
(e) any building used or intended to be used as a place of public 
entertainment or amusement (including any sports­ stadium, but not i ncluding 
a cinema or theatre), or any building appurtenant thereto; or  
(f) any building built and held [***]3 by a society registered under the 
Societies Registration Act, 1860, or by a co -operative society, company or 
firm, and intended solely for its ow n occupation or for the occupation of any 
of its officers or servants, whether on rent or free of rent, or as a guest house, 
by whatever name called, for the occupation of persons having dealing with it 
in the ordinary course of business.  
 
 
        1.July 15, 1972 (vide. Notification no. 3409/XXIX-E-59-72 dated June 27,1972 
        2.Ins. by Section 5 of President's Act 19, 1973 which Was re-enacted with modifications by                                                                                                                                       
U. P. Act No. 30 of 1974 
        3.Omitted by section 2(a)(i)(b)(ii) of U.P. Act No. 28, 1976. 
4.Subs. by section 2(a)(i) of U.P. Act No. 17 of 1985. 
5.Subs. by section 2 (a)(ii) ibid. 
6.Subs. by section 2(a)(i) of U.P. Act   No. 5, 1995. 
7.Omitted by section 2(a)(ii) ibid. 
                                                             8.Insertion by section 2(a)(iii) ibid. 
 
11 
 
[The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972]        [Section 2] 
 
  [***]4 
[(g) any building, whose monthly rent exceeds two thousand rupees; 
(h) any building of which a Mission of a foreign country or any 
international agency is the tenant;]8 
(2) [Except as provided in sub -section (5) of section 12, sub­section (1-A) if 
section 21, sub­section (2) of section 24, section 24 -A, 24-B, 24-C or sub­ section 
(3) of section 29, nothing in this Act shall apply to a building during a period of 
ten years from the date on which its construction is completed :]1  
[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 Parishakd, and the period of repayment of such loan or 
advance exceeds the aforesaid period of ten years then the reference in this sub -
section to the period of ten years shall be deemed to be a reference to the period of 
fifteen years or the period ending with the date of actual repayment of such loan or 
advance (including interest), whichever is shorter:]2 
[Provided further that where construction of a building is completed on or 
after April 26, 1985 then the reference in this sub -section to the period of ten years 
shall be deemed to be a reference to a period of [forty years] 7 from the date on 
which its construction is completed.]5 
Explanation- [(1)]3 – [For the purposes of this section]6  -- 
(a) the construction of a building shall be deemed to have been  completed 
for the date on which the completion thereof is reported to or otherwise 
recorded by the local authority having jurisdiction, and in the case of a 
building subject to assessment, the date on which the first assessment thereof 
comes into effect and where the said dates are different, the earliest of the said 
dates, and in the absence of any such report, record or assessment, the date on 
which it is actually occupied (not including occupation merely for the 
purposes of supervising the construction or guarding the building under 
construction) for the first time :  
Provided that there may be different dates of completion of construction 
in respect of different parts of a building which are either designed as separate 
units or are occupied separately by the land lord and one or more tenants or by 
different tenants ;  
(b) "construction" includes any new construction in place of an ex isting 
building which has been wholly or substantially demolished ;  
(c) where such substantial addition is made to an existing building that the 
existing building becomes only a minor part thereof the whole of the building 
including the existing building shall be deemed to be constructed on the date 
of completion of the said addition.  
 
  
 
1. Subs. by section 2 (b) (i) of U.P. Act No. 28, 1976. 
2. Added by section 2 (b)(ii) ibid.  
3. Re-numbered by section 2(b)(iii) ibid. 
4. Omitted by section 2(a)(i) of U.P. Act No. 17 of 1985 
5. Added by section 2(b)(i). 
6. Subs. by section 2 (b)(ii) ibid. 
7. Subs. by section 2 of U.P. Act No. 11, 1988. 
8. Added by section 2(a)(iv) of U.P. Act No. 5, 1995. 
12 
 
[The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972]      [Section 2A] 
 
  [Explanation-II-- The expression ‘bank’ means – 
(i) a banking company, as defined in the Banking Regulati on Act, 
1949; 
(ii) the State Bank of India constituted under the State Bank of India 
Act, 1955; 
(iii)  a subsidiary Bank. as defined in the State Bank if India 
(Subsidiary Banks) Act; 1959; 
(iv)  a corresponding new bank constituted under the Banking 
Companies (Acquisition and Transfer of Undertakings) Act, 1970; 
(v) a Financing Bank or Central Bank (as defined in the Uttar 
Pradesh Co -operative Societies Act, 1965), not being a Land 
Development Bank; and 
(vi)  an other financial institution notified by the State Government in 
the Gazette as a bank for the purpose of this Act. 
Explanation-III-- A building shall be deemed to be constructed 
substantially out of funds obtained from sources mentioned in the proviso, if 
the funds obtained from one or more of such sources account for more than 
one-half of the cost of construction.]1 
(3)   [***]2  
 
[Special 
provisions for  
short term  
licnece 
2-A (1) Notwithstanding anything contained in this Act, a person occupying a 
building as owner or as tenant or in any other capacity (hereinafter in t his section 
referred to as licensor) may permit any other person (hereinafter in this section 
referred to as license) to occupy for purely temporary residential accommodation 
for a period not exceeding three months without any order of allotment under 
section 16: 
Provided that intimation of the grant of such licence shall be given jointly by 
the licensor and the licensee to the District Magistrate within one month from the 
date of occupation of the building or part by the licensee: 
Provided further that the  District Magistrate may by order extend the 
maximum period of such temporary occupation up to 6 months in the aggregate 
(including the original period of occupation) : 
Provided also that similar licence shall not be granted again to any other 
person in respect of the same building or part within a period of one year from the 
date of vacation of the building or part by the last licensee. 
(2) Such licensee shall not be deemed to be a tenant for purposes of section 
20, notwithstanding that he pays or is liable to pay rent for such occupation. 
(3) Such licensor shall not be deemed to have ceased to occupy such building 
or part within the meaning of section 12 merely on the ground of having granted 
such licence. 
(4) The District Magistrate shall not make an allo tment under section 16 in 
respect of the building or part vacated by the licensee except with the consent of 
the landlord. 
 
1. Added by section 2 (b) (iii) of U.P. Act No. 28, 1976. 
2. Omitted by section 2 (b) of U.P. Act No. 5, 1995. 
13 
 
[The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972]   [Section 2B-3] 
 
  (5) If the licensee omits or refuses to vacate the building or part after the 
expiry of the period of licence the licensor may make an application to the 
prescribed authority for his eviction and the prescribed authority shall thereupon 
order his eviction, and its order shall be final: 
Provided that no order shall be made under this sub -section except after 
giving to the parties concerned a reasonable opportunity of being heard. 
(6) The provisions of section 23 shall apply to an order made under sub -
section (5) as if it were an order made under section 21 or under section 22. 
 
Constitution of 
Rent Control 
Tribunals 
2-B (1) The State Government may, by a notified order, const itute one or more 
Tribunals (to be called Rent Control Tribunals) in each district and may likewise 
cancel or amend such order. 
(2) Where a Tribunal has been constituted in a district under sub -section (1), 
the State Government may, by a notified order, co nfer all or any of the posers of 
the District Magistrate or the prescribed authority under this Act on such Tribunal. 
and thereupon, such Tribunal shall, notwithstanding anything contained in any 
other provision of this Act, be deemed to be the District Ma gistrate or the 
prescribed authority, as the case may be, for the purposes of this Act and all cases 
pending with the District Magistrate or with the prescribed authority, as the case 
may be, immediately before the constitution of such Tribunal shall stand  
transferred to the Tribunal and any further proceedings before the Tribunal shall 
continue from the stage at which a case is so transferred, and the cases shall be 
disposed of by the Tribunal.]2 
 
Definitions  
 
U. P. Act No. 
II of 1916  
U. P. Act No. 
II of 1959  
 
U. P. Act No. 
II of 1914  
 
3- In this Act, unless the context otherwise requires -  
(a) "tenant", in relation to  a building, means a person by whom its rent is 
payable, and on the tenant's death --  
[(1) in the case of a residential building, such  only of his heirs as 
normally resided with him in the building at the time of his death;  
(2) in the case of a non-residential building, his heirs;]1 
[Explanation— An occupant of a room in a hotel or a lodging house shall not 
be deemed to be a tenant;]3 
(b) "house tax" means th e tax mentioned in section 128( 1) (i) of the 
United Provinces Municipalities Act, 1916, or section 173 (1) (a) of the Uttar 
Pradesh Nagar Mahapalika Adhiniyam, 1959, or, as the case may be, section 
14(1) (e) of the United Provinces Town Areas Act, 1914;  
(c) "District Magistrate" includes an officer authorized by the District 
Magistrate to exercise, perform and discharge all or any of his powers, 
functions and duties under this Act, and different officers may be so 
authorized in respe ct of different areas of cases or classes of cases, and the 
District Magistrate may recall any case from any such officer and either 
dispose of it himself or transfer it to any other such officer for disposal :  
  
1. Subs. by section 8 of U. P, Act No 37 of  1972 and be deemed always to have been 
substituted.  
2. Added by section 3 of U.P. Act No. 28, 1976. 
3. Added by section 4(i) ibid. 
14 
 
[The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972]      [Section 3] 
 
  [Provided that nothi ng in this clause shall be construed to empower the 
District Magistrate to delegate his power to make or authorize the making of a  
complaint under section 33; ]1 
(d) "prescribed", except in clause (e), means prescribed by rules made 
under this Act;  
[(e) "prescribed authority" means a Civil Judicial O fficer or Judicial 
Magistrate authorized by the District Judge to exercise, perform and discharge 
all or any of the powers, functions and duties of the prescribed authority under 
this Act, and dif ferent officer s may be so a uthorized in respect of different 
areas or cases, or classes of case , and the District Judge may recall any case 
from any such officer and may transfer it for disposal to any other such 
officer;]2 
(f) "assessment", in relation to a building, m eans the assessment or 
proportionate assessment, as the case may be, of the letting value thereof by 
the local authority having jurisdiction and "assessed" shall be construed 
accordingly;  
(g) "family", in relation to a landlord or  tenant of a building, means his or 
her-  
(i) spouse,  
(ii) male lineal descendants,  
(iii ) such parents, grand parents and any unmarried or widowed or 
divorced or j udicially separated daughter or  daughter of a male lineal 
descendant, as may have been normally residing with him or her,  
and includes, a relation to a landlord, any female having a legal 
right of residence in that building ;  
(h) "t he old Act", means the United Provinces (Tem porary) Control of 
Rent and Eviction Act, 1947;  
(i) "building", means a residential or non -residential roofed structure and 
includes-  
   (i) any land (including any garden), garages a nd out­ houses, 
appurtenant to such building;  
  (ii) any furniture supplied by the landlord for use in such building;  
  (iii) any fittings and fixtures affixed to  such building for the more 
beneficial enjoyment thereof;  
(j) "landlord", in relation to a building, means n, person D whom its rent 
is or if' the building were let, would be, payable and includes, except in clause 
(o), the agent or attorney, of such person;  
(k) "standard rent", subject to the provisions of section 6,8,and 10, means-  
(i) in the case of a building governed by the old Act and let out at 
the time of the commencement of this Act-  
 
 
 
1. Subs. by section 2(i) of U. P. Act no. 19 of 1974. 
2. Subs. by section 4 (ii) of U.P. Act No. 28, 1976. 
15 
 
[The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972]      [Section 3] 
 
  (a) where there is both an agreed rent payable therefor at such 
commencement as well as a reason able a nnual rent which in this 
Act has the same meaning as in section 2( f) of the old A ct, 
reproduced in the Schedule the agreed rent or the reasonable annual 
rent plus 25 per cent thereon, whichever is greater;  
(b) where there is no agreed rent, but there is a  rea­sonable 
annual rent, the reasonable rent plus 25 per cent thereon;  
(c) where there is neither agreed rent nor reasonable annual 
rent, the rent as determined under section 9 ;  
  (ii) in any other case, the assessed letting value, for the time being 
in force, and in the absence of assessment, the rent determined under 
section 9;  
(l) "State Government" means the Government of Uttar Pradesh;  
(m) "local authority" means a Nagar Mahapalika, municipal board, 
notified area committee or town area committee  [a Zila Parishad, a 
Development Authority established under the Uttar Pradesh Urban Planning 
and Development Act, 1973, or the Uttar Pradesh Avas Evam Vikas Parishad 
established under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 
1965]1 ;  
[(n) "improvement" in relation to a building, means any addition to it or 
alteration thereof or the provision of any new amenity to the tenant, and 
includes all repairs made in any year the cost whereof exceeds the amount of 
two month's rent thereof ; 
(o) “public building” means any building belonging to or taken on lease 
or requisitioned by or on behalf of the Central Government or a State 
Government (including the Government of any other State) and includes any 
building belonging to or taken or lease by or on beh alf of any local authority 
or any public sector corporation; 
(p) “public sector corporation” means any corporation owned or 
controlled by the Government and includes any company as defined in section 
3 of the Companies Act, 1956 in which not less than fift y per cent of the paid 
up share capital is held by the Government; 
(q) “recognized educational institution”  means [any University 
established by law in India, or] 2 any institution recognized under the 
Intermediate Education Act, 1921 or the Uttar Pradesh B asic Education Act, 
1972 or recognized or affiliated under the Uttar Pradesh State Universities 
Act, 1973; 
(r) “charitable institution” means any establishment, undertaking 
organization or association formed for a charitable purpose and includes a 
specific endowment; 
Explanation— For the purposes of this clause, the words ‘charitable 
purpose includes relief of poverty, education, medical relief and advancement 
of any other object of utility or welfare to the general public or any section 
thereof, not being an object of an exclusively religious nature; 
  
1. Subs. by section 4 (iii) of U.P. Act No. 28, 1976. 
2. Added by section 3 of U. P. Act No. 17 of 1985. 
16 
 
[The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972]    [Section 4-7] 
 
   (s) “religious institution” means a temple, math, mosque, church, 
gurudwara or any other place of public worship [***]3 .]1 
 
  CHAPTER II 
Regulation of Rent 
Prohibition of  
premium, and  
rent payable  
generally  
4- (1) No landlord shall take or receive for admitting a tenant to any building any 
premium or additional payment over and above the rent payable therefor, nor shall 
a tenant take or receive any premium for admitting a sub -tenant or any other 
person.  
(2) Except as provided i n sections 5, 6, 7,  [8, 9-A and 10]2, the rent pa y­able 
for any building shall be such as may be agreed upon between the landlord and the 
tenant, and in the absence of any agreement, the standard rent,  
  
Rent payable 
in case of old 
building  
5- In the case of a tenancy con tinuing from before the  commencement of this 
Act, in respect of a building to which the old Act was applicable the landlord may, 
by notice in writing, gi ven within three months from the commencement o f this 
Act, enhance the rent pay able therefor to an amou nt not exceeding the standard 
rent, and the rent so enhanced shall be payable from the commencement of this 
Act.  
 
Effect of  
improvement 
on rent  
6- Notwithstanding anything contained in section 4 or section 5, but subject to 
the provisions of section 8, where the landlord has, after the commencement of this 
Act, either with the consent of the  tenant or in pursuance of any requirement of 
law, made any improvement in a building, he may  by notice in writing to the 
tenant given within three months from the d ate of compl etion of the improvement 
enhance the monthly rent of the build ing by an amount not exceeding one per cent 
of the actual cost of such impr ovement, with effect from the said date, and 
thereupon the standard rent of that building shall stand enhanced accordingly.  
 
Liability to  
pay taxes  
U.P. Act No. II 
of 1959 
U.P. Act No. II 
of 1916  
U.P. Act No. II 
of 1914   
7- Subject to any contract in wri ting to the contrary, but notwithstanding 
anything contained  4[in section 149 of the Uttar Pradesh Municipalities Act, 1916] 
the tenant shall be liable to pay to the landlord in addition to and as part of the rent, 
the following taxes or propor tionate part thereof, if any, payable in respect of the 
building or part under his tenancy, namely:  
(a) the water tax;  
(b) twenty -five per cent of every such enhancement in house tax made 
after this  commencement of this Act, or such portion thereof, as is not 
occasioned on account of the incr ease in the assessment of the building as a 
result of the enhancement of rent under the provisions of section 5 :  
Provided that nothing in this section shall apply in relation to a tenant the rate 
of rent payable by  who for the time being (ex cluding any enhancement of rent 
under provisions of section 5) does not exceed twenty-five rupees per month.  
 
 
1. Subs. by section 4 (iv) of U.P. Act No. 28, 1976. 
2. Subs. by section 4 of U. P. Act No. 17 of 1985. 
3. Omitted by section 3 of U.P. Act No. 5 of 1995. 
4. Subs. by section 11 UP Act no 17 of 1999. 
 
 
17 
 
[The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972]   [Section 8-9] 
 
Disputes 
regarding 
amount of  
standard rent,  
etc. 
8-  (1) Where a dispute arises with regard to the amount of the standard rent or to 
the amount of en hancement in rent permissible under section 5 or section 6 or to 
the dat e with effect from which such enhancement shall take effect, or to t he 
amount of taxes payable by the tenant under section 7, or to the  amount of 
proportionate rent payable by the tenant after a part of the building or any land 
appurtenant thereto is released under sectio n 16 or section 21, or to the amount of 
rent payable by the origina l tenant for the new building allotted to him under sub -
section (2) of  section 24, the District Magistra te shall, on an application being  
made in that behalf by order [determine such dispute]1.  
(2) Where the assessment of a building occupied by a tenant is lower them the 
agreed rent payable therefor, the District Magistrate, on an application of the tenant 
or of his own motion  may, after givi ng to  the landlord an opportunity of being 
heard, direct the local authority concerned to enhance the assessment in accordance 
with the agreed rent with effect from the elate from whic h the agreed rent has such 
payable or  the date of commencement of this A ct, whichever is later, and 
thereupon, notwithstanding anything contained in the law relating to that  local 
authority, the assessment shall be corrected accordingly.   
(3) Every order under sub -section (1) or sub -section (2) shall, subject to the 
result of any appeal preferred under section 10, be final.  
 
Determination 
of standard rent  
9- (1) In the case of a  building to which the old Act was  applicable and which is 
let out at the time of the commencement or this Act in respect of which ther e is 
neither ally reasonable annual rout nor any  agreed rent or in any  other case where 
there is neither any agreed rent nor any assessment in force, the Dis trict Magistrate 
shall, on an application being made in that behalf, determine the standard rent.  
(2) In determining the standard rent, the District Magistrate may consider-  
(a) the respective market value of t he building and of its side immediately 
before the date of commencement of this Act or the date of letting, whichever 
is later (hereinafter in this section referred to as the said date) ;  
(b) the cost of construction, maintenance and repairs of the building;  
(c) the prevailing  rents for similar buildings in  the locality immediately 
before the said date;  
(d) the amenities provided in the building;  
(e) the latest assessment, if any, of the building;  
(f) any other rele vant fact which appears in t he circumstance of the ease 
to he material.  
[(2-A) Subject to the provisions of sub -section (2), the District Magistrate 
shall ordinarily consider ten per centum pe r annum on the market values of the 
building (including its site) on the said date to be t he annual standard rent thereof  
and the monthly standard rent, shall be equal to one -twelfth of the annual standard 
rent so calculated.]2 
(3) Every order made unde r sub-section (1) shall, subject to the  result of any 
appeal preferred under section 10, be final.  
 
 
1- Subs, by section 6 of Presi dent. Act No. 19 of 1973 which w as re-enacted with modification by 
U. P. Act No. 30 of 1974. 
2- Added by section 5 of U.P. Act No. 28, 1976. 
18 
 
[The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972]  [Section 9A-12] 
 
[Revision of  
rent of   
commercial 
buildings let  
out by public 
religious 
institutions 
9-A (1) Where any building belonging to a public cha ritable or public religious 
institution  has been let out to a tenant for the purposes of a shop or commercial 
establishment, then notwithstanding anything contained in this Chapter or in any 
contract or lease, the landlord of such building may apply to the District Magistrate 
for revision of the monthly rent payable therefor and such rent shall be revised to a 
sum equivalent to one-twelfth of ten per centum of the market value of the building 
under tenancy: 
Provided that the rent revised under this sub -section shall not exceed double 
the rent payable on the date of the application by the landlord under this sub -
section. 
(2) The rent revised under sub -section (1) shall be payable by the tenant from 
the commencement of the month of tenancy next following the date of the 
application. 
(3) Where the rent of any building has been revised in accordance with sub -
section (1), then the landlord shall not be entitled to move a fresh application under 
the said sub-section within a period of five years from the date of the final order. 
Explanation— In this section, the expressions ‘shop’ and ‘commercial 
establishment’ shall have the meaning assigned to them in the Uttar Pradesh 
Dookan Aur Vanijya Adhishthan Adhiniyam, 1962, as amended from time to 
time.]1 
 
Appeal against  
order under  
sections [8, 9  
and 9-A]2 
10- (1) Any person aggrieved by an order of t he District Magistrate under section 
8 or section 9 [or section 9-A]3 may, within thirty days from the date of the order, 
prefer an appeal agai nst it to the District Judge d and the District Judge may either 
dispose it of himself or assign it for disposal to any Additional District Judge under 
his administrative control, and may reca ll it from any such offi cer, or transfer it to 
any other such officer.  
(2) The appellate authority may confirm, vary or rescind the order, or remand 
the case to the District Magi strate for rehearing, and may also take any addit ional 
evidence, and pending its decision, stay the operation of the order under appeal on 
such terms, if any, as it thinks fit.  
(3) No further appeal or  revision shall lie agai nst a ny order passed by the 
appellate authority under this section, and its order shall be final.  
 
  Chapter III 
Regulation of Letting 
Prohibition of  
letting without  
allotment order  
 
11- Save as  hereinafter provided, no  person shall let any build ings except in 
pursuance of an allotment order issued under section 16.  
Deemed 
vacancy of  
building in  
certain cases  
12- (1) A land lord or tenan t of a building shall be deemed to  have ceased to 
occupy the building or' part thereof if-  
(a) he has substantially removed his effects therefrom, or  
 
1. Added by section 6 of U.P. Act No. 28, 1976. 
2. Subs. by section 5(a) of U. P. Act No. 17 of 1985. 
3. Subs. by section 5 (b) ibid. 
19 
 
[The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972]   [Section 12] 
 
  (b) he has allowed if to he occupied by any person who is not a member 
of his family, or  
(c) in the case of a residential b uilding, he as well as members  of his 
family have taken up residence, not being temporary residence, elsewhere.  
(2) In the case of  a non -residential building, where a tenant carr ying on 
business in the building admits  a person who is not a member of his family as a 
partner or a now part ner , as the case may be , the tenant shall be deemed to ha ve 
ceased to occupy the building.  
(3) In the case of a residential building if the tenant or any member of his 
family builds or otherwise acquires in a vacant state or gets vacated a residential 
building in the same city,  municipality, notified area or town area in which the 
building under tenancy is situate, he shall be deemed to have ceased to occupy the 
building under his tenancy: 
Provided that if the tenant or any member of his family had built any such 
residential building before the date of commencement of this Act, then such tenant 
shall be deemed to have ceased to occupy the building under his tenancy upon the 
expiration of a period of one year from the said date. 
[Explanation—  For the purposes of this sub-section :-- 
(a) a person shall be deemed to have otherwise acquired a building,, if 
he is occupying a public building for residential purposes as a tenant, 
allottee or licensee; 
(b) the expression ‘any member of family’ in relation to a tenant, shall 
not include a  person who has neither been normally residing with nor is 
wholly dependent on such tenant.]1 
[(3-A) If the tenant of a residential building holding a transferable post 
under ay Government or local authority or a public sector corporation or 
under any othe r employer has been transferred to some other cit y, 
municipality, notified area or t own are, then such tenant shall be deemed to 
have ceased to occupy such building with effect from the thirtieth day of June 
following the date of such transfer or from the date of allotment to him of any 
residential accommodation (whether any accommodation be allotted under 
this Act or any official accommodation is provided by the employer) in the 
city, municipality, notified area or town area to which he has been so 
transferred, whichever is later. 
(3-B) If the tenant of a residential building is engaged in ay profession, 
trade, calling or employment in ay city, municipality notified area or town 
area in which the said building is situate and such engagement ceases for any 
reason whatsoever and he is landlord of nay other building in any other city, 
municipality, notified are or town area, then such tenant shall be deemed to 
have ceased to occupy the first mentioned building with effect from the date 
on which he obtains vacan t possession of he last mentioned building whether 
as a result of proceedings under section 21 or otherwise.]2 
 
 
1. Added by section 7(i) of U. P. Act No. 28 of 1976. 
2. Added by section 7 (ii) ibid. 
20 
 
[The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972]    [Section 13-16] 
 
  (4) Any building or part which a landlord or tenant has ceased to 
occupy within the meaning of sub -section (1), or sub -section (2), or [sub -
section (3) sub-section (3-A) or sub-section (3-B)]1  shall, for the purposes of 
this chapter, be deemed to be vacant. 
[(5) A tenant or, as the case may be, a member of his family, referred to 
in sub -section (3) shall have a right, as landlord of any residential building 
referred to in the said sub -section which may have been let out by him before 
the commencement of the Uttar Pradesh Urban Buildings (Regulation of 
Letting, Rent and Eviction) (Amendment) Act, 1976 to apply under clause (a) 
of sub -section (1) of section 21 for the eviction of his tenant from such 
building, notwithstanding that such building is one to which the remaining 
provisions of this Act do not apply.]2 
 
Restrictions on 
occupation of 
building with -
out allotment 
or release  
13- Where a landlord or tenant ceases t o occupy a building or pan  thereof, no 
person shall occupy it in any capacity on his behalf, or otherwise than under an 
order of allotment  or release under section 16, and if a person so purports to  
occupy it, he shall, without prejudice to the provisions of section 31, be deemed to 
be an unauthorized occupant of such building or part.  
 
[Regularization 
of occupation  
of existing  
tenants  
14- Notwithstanding anything contained in this Act or any other law for the time 
being in force, any licensee (within the meaning of section 2 -A) or a tenant  in 
occupation of a building with the consent of the immediately before the 
commencement of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent 
and Eviction) (Amendment) Act, 1976 , not being a person against who m any suit 
or proceeding for evict ion is pending before any court or authority on the date of 
such commencement shall be deemed to be in authorized licensee or tenant of such 
building.]3 
 
Obligation to  
intimate  
vacancy to  
District 
magistrate  
15- (1) Every landlord, shall on a building falling vacant by his ceasing to occupy 
it or by the tenant v acating it or by release from requisition  or in any other manner 
whatsoever, give notice of the vacancy in writing to the District Magistrate not 
later than seven days after the occurrence of su ch vacancy, and such notice may at 
the option of the landlord be given before the occurrence of the vacancy..  
(2) Every tenant so vacating a building shall  give notice thereof in writing to 
the District Magistrate and also to the landlord not less than fifteen days before the 
vacancy.  
(3) The notice under sub -section (1) or sub -section (2) shall contain such 
particulars as may be prescribed.  
(4) The District Magistrate, on being satisfied on an application made to him 
in that behalf that there was suffic ient cause for the landlord or the tenant not to 
give notice under sub-section (1) or sub-section (2) within time, may condone such 
delay.  
 
Allotment and 
release of  
vacant building  
16- (1) Subject to the provisions of this Act, the District magistrate may by order- 
 
  
1. Substituted by section 7(iii) of U. P. Act No. 28 of 1976. 
2. Added by section 7 (iv) ibid. 
3. Subs. by section 8 ibid. 
21 
 
[The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972]    [Section 16] 
 
  (a) require the landlord to let any building which is or has fallen vacant 
or is about to fall vacant, or a part of such building but not appurtenant land 
alone, to any person specified in the order (to be called an allotment order); or  
(b) release the whole or any  part of such building, or any land 
appurtenant thereto, in favour of the landlord (to be called a release order) : 
[Provided that in the case of a vacancy referred to in sub -section (4) of 
section 12, the District Magistrate shall give an opportunity to the la ndlord or 
the tenant, as the case may be of showing that the said section is not attracted 
to his case before making an order under clause (a).]1 
(2) No release order under clause (b) of sub -section (1) shall be made unless 
the District Magistrate is satisfied that the b uilding or any part thereof or any land 
appurtenant t hereto is bona fide required, eit her in its existing form or after 
demolition and new construction, by the land lord for occupation by himself or any 
member of his family, or any person  for whose benefit it is held by him, either for 
residential purposes or for purposes of any profession , trade, calling or where the 
landlord is the trustee of a public charitable trust, for the objects of the trust, or that 
the building or any part  thereof i s in a dilapidated condition and is required for 
purposes of demolition and new construct ion, or that any land appurtenant  to it is 
required by him for constructi ng one or more new buildings or  for dividing it into 
several plots with a view to the sale the reof for purposes of construct ion of new 
buildings :  
Provided that no application under this sub-section shall be entertained for the 
purposes of a  charitable trust  the object s of which provide for discrimination in 
respect of its beneficiaries on the ground of religion caste or place of birth.  
(3) The allotment order shall specify--  
(a) whether the building shall be used by the tenant for residential or 
non-residential purposes ;  
(b) in the case of business purposes, the names of proprietors or 
partners of the business;  
(c) the date, which shall not be earlier than seven days after the date of 
the order, by which the landlord shall deliver possession to the allottee ;  
(d) such other particulars as may be prescribed.  
(4) Where the allottee or the land lord has not been able to obtain possession 
of the building, allotted to him or, as the case may be, released in his favour, or any 
part thereof, [***]2 the District Magistrate, on an application of the allottee or the 
landlord, as the case may be, may by order evict or cause to be evicted any person 
named in the order as well as ev ery other person claiming under him or found in 
occupation, and may for that purpose use or c ause to be used such force as may be 
necessary and put or cause to be put the allotte e or the lan d­lord in posses sion of 
the building or part.   
 
 
1. Added by section 9 (i) of U. P. Act No. 28 of 1976. 
2. Omitted by section 9 (ii) ibid. 
22 
 
[The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972]     [Section 16] 
 
  (5) (a) Where the landlord or any other person claiming to be a lawful 
occupant of the building or any part thereof comprised in the allotment or release 
order satisfies the District Magistrate that such order was not made in accordance 
with clause (a) or  clause (b), as the case may be, of sub -section (1), the District 
Magistrate may review the order:  
Provided that no application under this clause shall be entertained later than 
seven days after the eviction of such person.  
(b) Where the District Magistr ate on review under this sub -section sets aside 
or modifies his order of allotment or release, he shall put or cause to be put the 
applicant, if already evicted, back into possession of the building, and may for that 
purpose use or cause to be used such force all may be necessary.  
(6) If the District Magistrate finds an application give n under sub-section (5) 
to be false or frivolous, he shall by order award to the allottee or the landlord, as 
the case may be, against the applicant special costs which shal l not exceed five 
hundred rupees.  
(7) Every order under this section sh all, [subject to any order made under 
section 18]1 he final.  
(8) The allottee shall, [subject to the prov isions of sub -sections (5) and 9 and 
section 18 ]2, be  deemed to become tenant of the building from the date of 
allotment or, where he is u nable to obtain possession by reason of a stay order or 
of any other person having occupied or continued to occupy the building, from  the 
date on which he obtains possession.  
[(9) The District Ma gistrate shall, while making an order under clause (a) of 
sub-section (1) also  require the allottee to pay to the landlord an advance , 
equivalent to-  
(a) where the building is situated in a hill municipality,  one half of the 
yearly presumptive rent; and  
(b) in any other case,  one month's presumptive rent and on his failure to 
make or offer the payment within a week thereof, rescind the allotment order.  
Explanation— In this sub -section the expression “presumptive rent” 
means an amount of rent which the D istrict Magistrate Prima facie considers 
reasonable having regard to the provisions of sub -section (2) and (2 -A) of 
section 9: 
Provided that such amount shall not be less than the amount of rent which 
was payable by the last tenant, if any. 
(10) Nothing in  sub-section (9) shall be construed to require the District 
Magistrate to take any evidence or hold any formal inquiry before fixing the 
presumptive rent of the building allotted and the amount mentioned in t he 
allotment order as presumptive rent shall be subject to any agreement in writing 
between the parties or to any subsequent determination o f standard rent after 
formal inquiry under section 9: 
Provided that until the presumptive rent is so revised by agreement or by an 
order under section 9, the tenant shall continue to be liable to pay rent according to 
the presumptive rent specified in the allotment order, so however, that any 
subsequent order under section 9 shall relate back to the date of commencement of 
the tenancy.]3 
  
1. Substituted by section 9 (iii) of U. P. Act No. 28 of 1976. 
2. Subs. by section 9 (iv) ibid. 
3. Subs. by section 9 (v) ibid 
23 
 
[The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972]   [Section 17-18] 
 
Conditions of  
making 
allotment order  
17- (1) Where the District Magistrate receives an intimation, under sub-section (1) 
of section 15, of the vacancy or expected vacancy of a building any allotment order 
in respect of that building shall be made and communicated to the landlord within 
twenty-one days from t he date of receipt of such intimation, and where no such 
order is so made or communicated within the said period, the landlord may 
intimate to the District Magistrate the name of a person of his choice and 
thereupon the District Magistrate shall allot the building in favour, of the person so 
nominated unless for special and adequate reason to be recorded he allots it to any 
other person within ten days from the receipt of intimation of such nomination :  
Provided that where the landlord had made an applicat ion under clause (b) of 
sub-section (1) of section 16, for the release of the whole or any part of the 
building or land appurtenant thereto in his favour, the said period of twenty -one 
days shall be computed from the date of decision on that application or  where an 
application for review or an appeal is filed against such decision, from the date of 
decision on such application or appeal.  
(2) Where a part of a building is in the occupation of the lan

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