4. Prohibition of premium, and rent payable generally -

(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 in sections 5, 6, 7, [8, 9-A and 10] 2 , the rent pay-able 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,

5. Rent payable in case of old building -

In the case of a tenancy continuing 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, given within three months from the commencement of this Act, enhance the rent payable therefor to an amount not exceeding the standard rent, and the rent so enhanced shall be payable from the commencement of this Act.

6. Effect of improvement on rent -

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 date of completion of the improvement enhance the monthly rent of the building by an amount not exceeding one per cent of the actual cost of such improvement, with effect from the said date, and thereupon the standard rent of that building shall stand enhanced accordingly.

7. 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 writing 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 proportionate 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 increase 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 (excluding any enhancement of rent under provisions of section 5) does not exceed twenty-five rupees per month. 

8. Disputes regarding amount of standard rent, etc. -

(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 subsection (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.

9. Determination of standard rent -

(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. 

9-A . [Revision of rent of commercial buildings let out by public religious institutions -

(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 subsection.

(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 subsection (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

10. Appeal against order under sections [8, 9 and 9-A]2 -

(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.