Section 3State of Uttar Pradesh Act

Section 3: Definition

The U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972

Definition.

- 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, his heirs ;

(b)

"house tax" means the tax mentioned in. section 128 (1) (i) of the United PITP:IICCS Municipalities Act, 1916, or section 173 (1) (a) of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959, or, as the case may be, section 14 (I) (e) of the 'United Provinces Town Areas Act, 1914 ;

(c)

"District Magistrate" includes an officer authorised 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 authorised in respect of different areas or cases or classes of cases, and the District Magistrate mar recall any case from any such officer and either dispose of it himself or transfer it to any other such officer for disposal :

Provided that nothing in this clause shall be construed to empower the District Magistrate to delegate his power to authorise an officer to perform the functions of the prescribed authority under clause (e) or the power to make or authorise the making of a complaint under section 33 ;

(d)

"prescribed", except in clause (e) , means prescribed by rules made under this Act ;

(e)

"prescribed authority" means a Magistrate of the first class having experience as such of not less than three years, authorised by the District Magistrate to exercise, perform and discharge all or any of the powers, functions and duties of the prescribed authority under this Act, and different Magistrates may be so authorised in respect of different areas or cases or classes of cases, and the District Magistrate may recall any case from any such magistrate and may either dispose of it himself or transfer it for disposal to any other such magistrate ;

(f)

"assessment", in relation to a building, means 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 judicially separated daughter or daughter of a it ale lineal descendant, as may have been normally residing with him or her, and includes, in relation to a landlord, any female having a legal right of residence in that building ;

(h)

"the old Act", means the United Provinces (Temporary) 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 and 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 a person to whom its rent is or if the building, were let would be, payable, and includes, except in clause (g), the agent or attorney, of such person ;

(k)

"standard rent", subject to the provisions of sections 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-

(a)where there is both an agreed rent payable therefor at such commencement as well as a reasonable annual rent [which in this Act has the same meaning as in section 2 (f) of the old Act, 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;

(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 one month's rent thereof or, in the case mentioned in the proviso to sub-section (2) of section 28, two months' rent thereof.

Sec 2 — Exemptions from Operation of Act

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