11. Prohibition of letting without allotment order -

Save as hereinafter provided, no person shall let any buildings except in pursuance of an allotment order issued under section 16.

12. Deemed vacancy of building in certain cases -

(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 

(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 building, 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 carrying on business in the building admits a person who is not a member of his family as a partner or a now partner , as the case may be, the tenant shall be deemed to have 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 other employer has been transferred to some other city, municipality, notified area or town 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 vacant possession of he last mentioned building whether as a result of proceedings under section 21 or otherwise.]

(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 [subsection (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

13. Restrictions on occupation of building without allotment or release -

Where a landlord or tenant ceases to 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.

14. [Regularization of occupation of existing tenants -

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 whom any suit or proceeding for eviction 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

15. Obligation to intimate vacancy to District magistrate -

(1) Every landlord, shall on a building falling vacant by his ceasing to occupy it or by the tenant vacating 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 such 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 sufficient 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.

16. Allotment and release of vacant building -

(1) Subject to the provisions of this Act, the District magistrate may by order.

(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 landlord 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 building or any part thereof or any land appurtenant thereto is bona fide required, either 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 is in a dilapidated condition and is required for purposes of demolition and new construction, or that any land appurtenant to it is required by him for constructing one or more new buildings or for dividing it into several plots with a view to the sale thereof for purposes of construction of new buildings :

Provided that no application under this sub-section shall be entertained for the purposes of a charitable trust the objects 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 landlord 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 every other person claiming under him or found in occupation, and may for that purpose use or cause to be used such force as may be necessary and put or cause to be put the allottee or the land-lord in possession of the building or part. 

(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 Magistrate 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 given 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 shall not exceed five hundred rupees.

(7) Every order under this section shall, [subject to any order made under section 18] 1 he final.

(8) The allottee shall, [subject to the provisions 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 unable 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 Magistrate 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 District 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 the allotment order as presumptive rent shall be subject to any agreement in writing between the parties or to any subsequent determination of 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.]

17. Conditions of making allotment order -

(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 the 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 application 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 landlord for residential purposes or is released in his favour under clause (b) of sub-section (1) of section 16 for residential purposes, the allotment of the remaining part thereof under clause (a) of the said sub-section (1) shall be made in favour of a person nominated by the landlord.

[Explanation—

Where a building in the occupation of the landlord for residential purposes adjoins (whether horizontally or vertically) the building sought to be allotted, and –

(a) there is a common entrance to or a common passage for both the buildings; or

(b) the two buildings share the sanitary conveniences or other amenities (not including electric connection); then notwithstanding that the two buildings are independently fit for then notwithstanding that the two buildings are independently for residential purposes, they shall be deemed to be part of each other for the purposes of this sub-section.]1

18. [Appeal against order of allotment or release -

(1) No appeal shall lie from any order under section 16 or section 19, whether made before or after the commencement of this section, but any person aggrieved by a final order under any of the said sections may, within fifteen days from the date of the order, prefer a revision to the District Judge on any one or more of the following grounds, namely :--

(a) that the District Magistrate has exercised a jurisdiction not vested in him by law;

(b) that the District Magistrate has failed to exercise a jurisdiction vested in him by law;

(c) that the District Magistrate acted in the exercise of his jurisdiction illegally or with material irregularity.

(2) The revising authority may confirm or rescind the final order made under sub-section (1) or may remand the case to the District Magistrate for rehearing and pending the revision, may stay the operation of such order on such terms, if any, as it thinks fit would have occupied but for such order or such part thereof as has been varied or rescinded, and may for that purpose use or cause to be used such force as may be necessary.

Explanation—

The power to rescind the final order under this sub-section shall not include the power to pass an allotment order or to direct the passing of an allotment order in favour of a person different from the allottee mentioned in the order under revision.

(3) Where an order under section 16 or section 19 is rescinded, the District Magistrate shall on an application being made to him on that behalf, place the parties back in the position which they would have occupied but for such order or such part thereof as has been rescinded and may for that purpose use or cause to be used such force as may be necessary.] 2

19. Re-allotment in the event of land lord abusing the release order -

Where a building or part thereof is released in favour of the landlord under section 16, or an [revision under section 18,] 3 on the ground that it was required by the landlord for occupation by himself or any member of his family or any person for whose benefit it was held by him, or for the objects of the trust of which he was trustee, or on the ground that it was required for purposes of demolition and new construction, and the landlord either puts or causes to be put into occupation any person different from the person for whose occupation, according to the landlords representation, it was required, or permits any such person to occupy it, or otherwise puts it to any use other than the one for which it was released or as the case may be, omits to occupy it within one month or such extended period as the District Magistrate may for sufficient cause allow from the date of his obtaining possession or in the case of a building which was proposed to be occupied after some construction or reconstruction, from the date of completion thereof, the District Magistrate, or as the case may be, the District Judge, on an application being made in that behalf within three months from the date of such act or omission, may after giving to the landlord an opportunity of being heard, revoke the order of release in whole or in part, and on such order being made, the District magistrate may treat the building or part as vacant and allot it as such.