31. Penalties -

(1) Any person who contravenes any of the provisions of this Act or any order made thereunder or attempts or abets such contravention, shall be punished on conviction with imprison men of either description for a term which may extend to six months or with fine which may extend to five thou and rupees or with both.

[(2) Whoever demolishes any building under tenancy or any part thereof without lawful excuse shall be punished, on conviction, with imprisonment of either description for a term which may extend to one year or with fine which may extend to five thousand rupees or with both.]1

(3) Where a person has been convicted for contravention of sub- section (1) of section 4, the Court convicting him may direct that out of the fine, if any, imposed and realized from the person so convicted, an amount not exceeding the amount paid as premium of additional payment over and above the rent for admission as a tenant or sub-tenant to any building may be paid to the tenant or sub-tenant by whom such payment was made;

Provided that any amount so paid to the tenant shall be taken into account in awarding compensation or restitution to him in any subsequent claim.

1. Substituted by section 21 of UP Act No 28 of 1976.

32. Offences by companies -

(1) If the person committing an offence under this Act is a company the company as well as every person in charge of and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :

Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 

(2) Notwithstanding, anything contained in sub-section (2), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of offence is attributable to any neglect on the part of any managing agent, secretaries and treasurers, director, manager, or other officer of the company, such managing agent, secretaries and treasurers, director, manager or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation--

For the purpose of this section-

(a) "company" means anybody corporate, and includes a firm or other association of individuals ; and

(b) "Director", in relation to a. firm, means a partner in the firm.

33. Cognizance of offence -

(1) No prosecution for an offence punishable under this act shall be instituted except on a complaint authorized by the District Magistrate:

Provided that where the District Magistrate has improperly or illegally declined to authorize the making of a complaint, the Commissioner may, of his own motion or on application made in this behalf, direct him so to do.

(2) No court inferior to that of a magistrate of the first class shall try any such offence.

34. Powers of various authorities and procedure to be followed by them Act No. V of 1908 -

(1) The District Magistrate, the prescribed authority or any [appellate or revising authority] 1 shall for the purposes of holding any inquiry or hearing any appeal under this Act have the same powers as are vested in the Civil Court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters, namely,--

(a) summoning and enforcing the attendance of any person and examining him on oath ;

(b) receiving evidence on affidavits;

(c) inspecting a building or its locality or issuing commission for the examination of witnesses or documents or local investigation ;

(d) requiring the discovery and production of documents;

(e) awarding, subject to any rules made in that behalf, cost a or special costs to any party or requiring security for costs from any party;

(f) recording a lawful agreement, compromise or satisfaction and making an order in accordance therewith ;

(g) any other matter which may be prescribed. 

Act No. V of 1898 Act no. XLV of 1860 Act no. IX 1887 Act no. V of 1908

(2) The District Magistrate, the prescribed authority or [appellate or revising authority] 1 , while holding an inquiry or hearing [an appeal or revision]2 under this Act, shall be deemed to be a Civil Court within the meaning of [sections 345 and 346 of the Code of Criminal Procedure, 1973]3 and any proceeding before him or it to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code.

(3) Where any costs or other sum of money awarded under his Act by the District Magistrate or the prescribed authority or [the appellate or revisional authority] 4 remains unpaid he or it may issue a certificate of recovery in respect thereof in the prescribed form, and any person in whose favour such certificate is issued may apply to the Court of Small Causes having jurisdiction under the Provincial Small Cause Courts Act, 1887, fur recovery of the amount specified in the certificate. Such court shall thereupon execute the certificate or cause the same to be executed in the same manner and by the same procedure as if it were a decree for payment of money made by itself in a suit.

(4) Where any party to any proceeding for the determination of standard rent of or for eviction from a, building dies during the pendency of the proceeding, such proceeding may be continued after bringing on the record :

(a) in the case of the landlord or tenant, his heirs or legal representatives ;

(b) in the case of an un-authorized occupant, any person claiming under him or found in occupation of the building.

(5) Where any person has been evicted from a building in pursuance of any order of the District Magistrate or the prescribed authority or made on appeal under this Act, the District Magistrate or the prescribed authority, as the case may be, may after service or publication of a notice in that behalf on such persons and in such manner as may be prescribed, remove or cause to be removed or dispose of, in such manner as may be Prescribed, any specific property remaining on such building.

(6) Affidavits to be filed in any proceeding under this Act shall be made in the same manner and conform to the same requirements as affidavits filed under the Code of Civil Procedure, 1908, and may be verified by any officer or other person appointed by the High Court under clause (b) or by an officer appointed by any other court under clause (c) of section 139 of the said Code.

(7) The District Magistrate, the prescribed authority or [the appellate or revisional authority] 5 shall record reasons for every order made under this Act.

(8) For the purposes of any proceedings under this Act and for purposes connected therewith the said authorities shall have such other powers and [shall follow such procedure, principles of proof rules of limitation and guiding principles as may be prescribed.]

1. Substituted by section 22(a) of UP Act No 28 of 1976.

1- Substituted deemed always to have been substituted by section 8 of U. P. Act No. 37 of 1972.

2- Substituted by section 22 (b) (i) of U.P. Act No. 28 of 1976.

3- Subs. by section 22 (b) (ii) ibid.

4- Subs. by section 22 (c) ibid.

5- Subs. by section 22 (d) ibid.

35. Application of sections 4, 5 and 12 of Limitation Act, 1963 Act No. 36 of 1963-

The provisions of sections 4, 5 and 12 of the Limitation Act 1963 shall mutatis mutandis apply to all proceedings under this Act.