1. Short title, extent, application and commencement -

(1) This Act may be called the Uttar Pradesh Regulation of Urban Premises  Tenancy Act, 2021.

(2) It extends to the whole of the Uttar Pradesh.

(3) It shall apply to:-

(a) every city as defined in the Uttar Pradesh Municipal Corporation Act, 1959 (U.P. Act no. 2 of 1959);

(b) every municipal area as defined in the Uttar Pradesh Municipalities Act, 1916 (U.P. Act no. 2 of 1916);

(c) every development area notified under Uttar Pradesh Urban Planning and Development Act, 1973 (President's Act no. 11 of 1973);

(d) every special development area notified under the Uttar Pradesh Special Area Development Authorities Act, 1986 (U.P. Act. no. 9 of 1986);

(e) every Industrial Development Area notified under Uttar Pradesh Industrial Area Development Act, 1976 (U.P.,Act, no. 6 of 1976);

(f) every Regulated area notified under the Uttar Pradesh (Regulation of Building Operations) Act, 1958 (U.P. Act. no. 34 of 1958);

(g) every area relating to various housing schemes of Uttar Pradesh Avas Evam Vikas Parishad constituted under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 (U.P. Act. no. 1 of 1966):

Provided that the State Government, if it is satisfied that it is necessary or expedient so to do in the interest of the general public, residing in any other local area, may by notification in the Gazette declare that this Act or any part thereof shall apply to such area, and thereupon this Act or part shall apply to such area.

(4) It shall be deemed to have come into force with effect from January 11, 2021. 

2. Definitions-

In this Act, unless the context otherwise requires,-

(a) "force majeure" means a situation of war, flood, drought, fire, cyclone, earthquake, pandemic or any other calamity caused by nature. affecting the habitation of the tenant in the premises let out on rent;

(b) "landlord", whether called landowner or lessor or by any other name, means a person who receives or is entitled to receive, the rent of any premises, on his own account, if the premises were let to a tenant, and shall include,-

(i) his successor, transferee or assignee;

(ii) a trustee or guardian or receiver receiving rent for any premises or entitled to so receive, on account of or on behalf of or for the benefit of, any other person such as minor or person of unsound mind who cannot enter into a contract;

(c) "premises" means any building or part of a building which is, or is intended to be, let on rent for the purpose of residence or for commercial or for educational use, except for industrial use and includes,-

(i) garden, garage or closed parking area, vacant land, grounds and out-houses, if any, appertaining to such building or part of the building; and

(ii) any fitting to such building or part of the building for the more beneficial enjoyment thereof, but does not include premises such as hotel, lodging house, dharamshala or inn;

(d) "property manager" means a person or any legal entity who is authorized by the landlord to manage the premises and who represents the landlord in his dealings with the tenant;

(e) "Rent Authority" means an officer appointed under section 30,

(f) "Rent Tribunal" means a Tribunal within the meaning of section 32;

(g)" Rent payable" in relation to any premises means the rent as specified in section 8;

(h)" Sub-tenant" means a person to whom the tenant sublets whole or part of the premises held by him or transfers or assigns his rights accrued under the tenancy agreement or any part thereof upon entering into a supplementary agreement to the existing tenancy agreement;

(i) "Tenancy Agreement" means an agreement in writing executed between landlord and tenant for the purposes of letting the premises of landlord in consideration of rent payable;

(j)" Tenant", whether called lessee or by any other name, means a person by whom or on whose account or on behalf of whom, the rent of any premises is payable to the landlord under a tenancy agreement and includes any person occupying the premises as a sub-tenant and also, any person continuing in possession, after the termination of his tenancy whether before or after the commencement of this Act; but shall not include any person against whom any order or decree for eviction has been made.

3. Act not to apply to certain premises-

(1) Nothing in this Act shall apply to any,-

(i) premises owned by the Central Government or State Government or Union Territory Administration or a Government undertaking or enterprises or a statutory body or Cantonment Board;

(ii) premises owned by a company, University or organisation given on rent to its employees as part of service contract;

(iii) premises owned by religious or charitable institution as may be specified, by notification by State Government;

(iv) premises owned by Auqaf registered under the Waqf Act, 1995 (Act. no. 43 of 1995) or by any public trust registered under applicable law;

(v) other building or category of buildings specifically exempted in public interest by notification by the State Government.

(2) Notwithstanding anything contained in sub-section (1), if the owner and tenant of the premises referred to in clause (i) to clause (v) of the said sub-section agree that the tenancy agreement entered into between such landlord and tenant be regulated under the provisions of this Act, such landlord may inform the Rent Authority of the agreement to do so at the time of information of the tenancy agreement under section 4.