Amendment status not verified — confirm the current text below against the official source.
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 enhancement in rent permissible under section 5 or section 6 or to the date with effect from which such enhancement shall take effect, or to the 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 section 16 or section 21, or to the amount of rent payable by the original tenant for the new building allotted to him under sub- section (2) of section 24, the District Magistrate 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 giving 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 which the agreed rent has such payable or the date of commencement of this Act, 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 there 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 District 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 the 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 relevant fact which appears in the 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 per annum on the market values of the building (including its site) on the said date to be the annual standard rent thereof and the monthly standard rent, shall be equal to one-twelfth of the annual standard rent so calculated.]2 (3) Every order made under sub-section (1) shall, subject to the result of any appeal preferred under section 10, be final. 1- Subs, by section 6 of President. Act No. 19 of 1973 which was 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 charitable or public religious institution has been let out to a tenant for the purposes of a shop or commercial establishment, then notwithstanding anything contained in this Chapter or in any contract or lease, the landlord of such building may apply to the District Magistrate for revision of the monthly rent payable 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 the 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 against it to the District Judged 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 recall it from any such officer, 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 Magistrate for rehearing, and may also take any additional 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 against any 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 buildings except in pursuance of an allotment order issued under section 16. Deemed vacancy of building in certain cases 12- (1) A land lord or tenant 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