Sec 36 to 44 (Chapter VII Miscellaneous and Transitional Provisions)The Uttar Pradesh Urban Buildings Act

36. Protection of action taken in good faith -

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or purported or intended to be done in pursuance of the provisions of this Act or any rule or order made thereunder.

37. Finality and presumption -

(1) No order made in exercise of any power conferred by or under this Act shall be called in question in any Court.

(2) Where an order purports to have been made and signed by any authority in exercise of any power conferred by or under this Act, a Court shall, unless the contrary is proved, presume that such order was so made by that authority.

38. Act to override T.P Act and civil Procedure Code Act No. IV of 1882 Act No. V of 1908 -

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Transfer of Property Act, 1882, or in the Code of Civil Procedure, 1908.

39. Pending suits for eviction relating to buildings brought under regulation for the first time -

In any suit for eviction of a tenant from any building to which the old Act did not apply, pending On the date of commencement of this Act, where the tenant within one month from such date of commencement or from the date of his knowledge of the pendency of the suit, whichever be later, deposits in the court, before which the suit is pending, the entire amount of rent and damages for use and occupation (such damages for use and occupation being calculated at the same rate as rent) together with interest thereon at the rate of nine per cent per annum and the landlords full cost of the suit, no decree for eviction shall be passed except on any of the grounds mentioned in the proviso to sub-section (1) or in clauses (b) to (g) of sub-section (2) of section 20 and the parties shall be entitled to make necessary amendment in their pleadings and to adduce additional evidence where necessary :

Provided that a tenant the rent payable by whom does not exceed twenty-five rupees per month need not deposit any interest as afore- aid.

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1. Omitted and be deemed always to have boon omitted by section 8 of U. P. Act No. 37 of 1972.

40. Pending appeals or revisions in suits for eviction relating to buildings brought under regulation for the first time -

Where an appeal or revision arising out of a suit for eviction of a tenant from any building to which the old Act did not apply is pending on the date of commencement of this Act, it shall be disposed of in accordance with the provisions of section 39, which shall mutatis mutandis apply. 

41. Power to make rules -

The State Government may by notification in the Gazette make rules to carry out the purposes of this Act, including any rules prescribing fees in respect of any proceeding under this Act. Laying of rules etc.

42. Before legislature -

All notifications issued under the provisos to sub-section (3) of section I and under sub-section (3) of section 2, and all rules made under this Act shall, as soon as may be, after they are issued or made, be laid before each House of the State Legislature, while it is in session, for a total period of fourteen days which may be comprised in its one session or in two or more successive sessions and shall, unless some later date is appointed, take effect from the date of their publication in the Gazette subject to such modifications or annulments as the two Houses of the Legislature may during the said period agree to make so however that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.

43. Repeal and saving U.P. Act No. III of 1947 -

(1) The United Provinces (Temporary) Control of Rent arid Eviction Act, 1947, is hereby repealed. (2) Notwithstanding such repeal -

(a) any application or proceeding pending immediately before the commencement of this Act before the District Magistrate under section 3 of the old Act shall stand transferred to the prescribed authority having jurisdiction and shall be deemed to be an application or proceeding under section 21 of this Act and shall be disposed of in accordance with the provisions of this Act;

(b) any application or proceeding pending immediately before the commencement of this Act before the District Magistrate under section 7 of the old Act Or under rule 6 of the Control of Rent and Eviction Rules, 1949, made under section 17 of the old Act shall be disposed of by him in accordance with the provisions of sections 16 and 17 of this Act;

(c) any proceeding under section 3-A or section 5-A of the old Act pending immediately before the commencement of this Act before the District Magistrate shall be disposed of by the District Magistrate, and any proceeding under section 7-D thereof so pending shall stand transferred for disposal to the prescribed authority, and the decision of the District Magistrate or the prescribed authority shall be deemed to be a decision under section 8, section 9 or section 27, as the case may be, and in the first and second mentioned eases, be subject to appeal accordingly;

(d) the provisions of section 39 shall mutatis mutandis to every proceeding under section 7-B of the old Act pending on the date of commencement of this Act in respect of a building in the same manner as it applies to the buildings to which the old Act was not applicable 1 [and subject thereto, such proceedings shall be continued and concluded [in accordance with the old Act which shall, for that purpose, be deemed to continue to be in force] 2 .] 

(e) any proceeding pending immediately before the commencement of this Act in the court of Munsif under section 7-C of the old Act shall be continued and concluded [in accordance with the old Act which shall, for that purpose, be deemed to continue to be in force;]1

(f) any proceeding pending immediately before the commencement of this Act in the court of Munsif under section 7-E of the old Act shall be deemed to be a proceeding under section 28 of this Act and shall stand transferred for disposal to the prescribed authority;

(g) any suit for fixation of rent pending immediately before the commencement of this Act in the court of Munsif or Civil Judge under subsection (4) of section 5 of the old Act shall be decided by that court aid the rate of rent in respect of the period prior to the commencement of this Act shall be fixed in accordance with the old Act and in respect of any subsequent period, be fixed in accordance with this Act;

(h) any court or authority before which any suit or other proceeding relating to the recovery or determination or fixation of rent of, or eviction from, any building is pending immediately before the commencement of this Act may, on an application being made to it within sixty days from such commencement, grant leave to any party to amend its pleading in consequence of the provisions of this Act.

(i) any order passed by the District magistrate before the commencement of this Act, granting or refusing to grant permission under section 3 of the old Act, against which no revision has been filed shall---

(1) if such order was made more than thirty days before the commencement of this Act, be final;

(2) in any other case, be subject to an appeal to the District Judge, which may be filed within sixty days from the commencement of this Act, and decision of the District Judge, shall be final;

(j) any order passed by the District Magistrate, permitting refusing to permit the landlord to occupy a building under rule 6 of the Control of Rent and Eviction Rules, 1949, made under section 17 of the old Act, against which no revision has been filed, shall----

(1) if such order was made more than thirty days before the commencement of this Act, be final;

(2) in any other case, be subject to an appeal to the District Judge which may be filed within sixty days from the commencement of this Act, and the decision of the District -Judge shall be final ;

(k) any order passed by the District Magistrate, before the commencement of this Act under sub-section (2) of section 7 or under section 7-A of the old Act against which no revision has been filed shall-

(1) if such order was made more than thirty days before the commencement of this Act, be final;

(2) in any other case, be subject to an appeal to the District Judge, which may he filed within sixty days from the commencement of this Act, and the decision of the District Judge shall be final;

(l) any order passed by the District Magistrate granting or refusing to grant permission under section 3 of the old Act and confirmed, modified or reversed by the Commissioner under sub-section (3) of that section and in respect of which no revision has been filed to the State Government under section 7-F of the old Act before the commencement of this Act, shall be final;

(m) any revision relating to the grant of permission under section 3 of the old Act pending immediately before the commencement of this Act before the Commissioner shall stand transferred to the District Judge, and his decision shall be final;

(n) any revision pending immediately before the commencement of this Act before the Commissioner under sub-section (4) of section 7-A of the old Act shall be decided by him, and his order thereon shall be final;

(o) any revision under section 7-F of the old Act pending immediately, before the commencement of this Act before the State Government against any order of the Commissioner passed under sub-section (3) of section 3 or sub-section (4) of section 7-A of the old Act shall be disposed of by the Stale Government [and its decision shah be final.] 1

(p) any revision under section 7-F of the old Art pending immediately before the commencement of this Act before the State Government against an order of the District Magistrate passed under section 7-A of the old Act against which no revision has been filed before the Commissioner or against an order under sub-section (2) of section 7 of the old Act or an order permitting or refusing to permit the landlord to occupy a building under rule 6 of the Control of Rent and Eviction Rules, 1949, made under section 17 of the old Act, [shall be disposed of by the State Government and its decision shall be final]1 ;

[(pp) the provisions of section 34 shall mutatis mutandis apply to every revision referred to in the foregoing clauses;]3

(q) the provisions of section 18 shall mutatis mutandis apply in relation to all appeals filed before the District Judge, under clause (i), clause (j) or clause (k) and all revisions transferred to him under clause (m) [***]

(r) any suit for the eviction of a tenant instituted with the permission referred to in section 3 of the old Act or any proceeding arising out of such limit, pending immediately before [the commencement of the Uttar Pradesh Civil Laws Amendment Act, 1972]3 may be continued and concluded [in accordance with the old Act which shall, for that purpose, be deemed to continue to be in force;]4

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[(rr) where any permission referred to in section 3 of the old Act has been obtained on any ground specified in sub-section (1) or sub-section (2) of section 21, and has become final, either before the commencement of this Act, or in accordance with the provisions of this sub-section, after the commencement of this Act, [whether or not a suit for the eviction of the tenant has been instituted,] 5 the landlord may apply to the prescribed authority for his eviction under section 21, and thereupon the prescribed authority shall order the eviction of the tenant from the building under tenancy, and it shall not be necessary for the prescribed authority to satisfy itself afresh as to the existence of any ground as aforesaid, and such order shall be final and shall not be open to appeal under section 22]2 :

[Provided that no application under this clause shall be maintainable on the basis of a permission granted under section 3 of the old Act, where such permission became final more than three years before the commencement of this Act:

Provided further that in computing the period of three years the time during which the applicant has been prosecuting with due diligence any civil proceeding whether in court of first instance or appeal or revision shall be excluded.] 6

(s) any suit for the eviction of a tenant instituted on any ground mentioned in sub-section (1) of section 3 of the old Act, or any proceeding out of such suit (including any proceeding for the execution of a decree passed on the basis of any agreement, compromise or satisfaction), pending immediately before the commencement of this Act, may be continued and concluded [in accordance with the old Act which shall, for that purpose, be deemed to continue to be in force;]7

(t) any decision of the District Magistrate, the prescribed authority, the District Judge, the Commissioner or the State Government under the foregoing clauses may be enforced, whenever necessary, in like manner as if it were an order of the competent authority under the corresponding provisions of this Act.

1- Inserted and be deemed always to have been inserted by section 8 of U. P. Act No. 37 of 1972.

2- Substituted by section 23 (i) of U.P. Act No. 28 of 1976

1. Substituted by section 23 (ii) of U.P. Act No. 28 of 1976

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

2- Omitted by section 7(i) of president's Act No. 19 of 1973 which was reenacted with modifications by U. P. Act No. 30 of 1974.

3- Added by section 23 (iii) of U.P. Act No. 28 of 1976.

1. Omit. by section 8 0f U.P. Act No. 37 of 1972.

2. Inserted and be deemed always to have been inserted by section 8 ibid. 1972

3. Subs. by section 7(ii) of U.P. Act No. 19, 1973.

4. Subs. by section 23 (iv) of U.P. Act No. 28, 1976.

5. Subs. by section 23(v)(1) ibid.

6. Subs. by section 23(v)(2) ibid.

7. Subs. by section 23(vi) ibid. 

44. Amendment of U.P. act No. 1 of 1966 -

In section 68 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1966, including the marginal heading thereof, for the words, and figures The U. P. (Temporary) Control of Rent and Eviction Act, 1947,” the words and figures "The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972," shall be substituted and the proviso thereto shall be omitted.