37. Officers and other employees of the Rent Authority and the Rent Tribunal

The State Government may determine the nature and categories of officers and other employees as it considers necessary and appoint such officers and other employees for the efficient discharge of their functions under this Act.

38. Jurisdiction of Civil Courts barred in respect of certain matters

(1) Save as otherwise provided in this Act, no Civil Court shall entertain any suit or proceeding in so far as it relates to the provisions of this Act.

(2) The jurisdiction of the Rent Authority shall be limited to tenancy agreement submitted to it as specified in the First Schedule and shall not extend to the question of title or ownership of premises.

39. Court fees

(1)The provisions of the Court Fees Act, 1870 (Act. no.7 of 1870) shall apply in respect of applications or appeals to be presented before the Rent Authority or Rent Tribunal, as the case may be.

(2) For the purposes of computation of court fees, the application for recovery of possession made to the Rent Authority and the memorandum of appeal presented before the Rent Tribunal, shall be deemed to be a suit between the landlord and the tenant.

(3) The court fees for the application filed before the Rent Authority shall be same as that of an interlocutory application presented in a Civil Court.

40. Officers and staff to be public servants

Every officer and staff of Rent Authority and Rent Tribunal appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Act. no.45 of 1860).

41. Application of sections 4,5 and 12 of Limitation Act, 1963

The provisions of sections 4,5 and 12 of the Limitation Act, 1963 (Act no. 36 of 1963) shall mutatis mutandis apply to all proceedings under this Act.

42. Overriding effect

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law of the State of Uttar Pradesh for the time being in force.

43. Protection of action taken in good faith

No suit, prosecution or other legal proceeding shall lie against any officer and staff of Rent Authority or Rent Tribunal, in respect of anything which is done or intended to be done in good faith in pursuance of this Act.

44. Power to make rules

(1) The State Government may, by notification in the Gazette make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rulės may provide for all or any of the following matters, namely:-

(a) the form and manner of digital platform to be put in place by the State Government in the Hindi or English language for enabling submission of documents under sub-section (4) of section 4;

(b) the manner of payment of rent and other charges to the landlord by the tenant by postal money order or any other method and the manner of deposit of rent and other charges with the Rent Authority on refusal by landlord to accept the same under sub-section (1) and the manner of deposit of rent with the Rent Authority under sub-section (3) of section 14;

(c) manner of making an application for the recovery of possession of the premises under sub-section (2) of section 21;

(d) form and manner of making an application for the recovery of possession of the premises under sub-section (1) of section 22;

(e) rate of interest payable under sections 21 and 24;

(f) the form and manner of filing application by the landlord before the Rent Authority for obtaining possession of the premises let out on rent for erecting building under sub-section (1) of section 27;

(g) the form of filing appeal before Rent Tribunal under sub-section (5) of section 34;

(h) any other matter to be provided under clause (k) of sub-section (1) of section 35;

(i) the manner of execution of an order of a Rent Tribunal or any other order made under this Act under sub-section (1) of section 36;

(j) any other matter which is required to be, or may be, prescribed under the provisions of this Act.

45. Power to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Gazette, not inconsistent with the provisions of this Act, remove the difficulty:

Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of the State Legislature.

U.P. Act no. 13 of 1972

U.P. Ordinance no. 3 of 2021

46. Repeal and savings

(1) The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act no. 13 of 1972) and. the Uttar Pradesh Regulation of Urban Premises Tenancy (Second) Ordinance, 2021 is hereby repealed.

(2) Notwithstanding such repeal, all cases and other proceedings under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act no. 13 of 1972) pending, at the commencement of this Act, shall be continued and disposed of in accordance with the provisions of the said Act of 1972 as if that Act had continued to be in force and this Act had not been enacted.

(3) All cases and proceedings relating to any dispute between a landlord and a tenant under any law other than the law repealed by sub-section (1) pending before the Civil Court or in appeal before any other Court on the date of commencement of this Act, in respect of the premises to which this Act applies, shall be continued before such Court and disposed of in accordance with such applicable law. 

(4) Notwithstanding such repeal anything done or any action taken under the Uttar Pradesh Regulation of Urban Premises Tenancy Ordinance, 2021 (U.P. Ordinance no. 2 of 2021) and the Uttar Pradesh Regulation of Urban Premises Tenancy (Second) Ordinance, 2021 (U.P. Ordinance no. 3 of 2021) shall be deemed to have been done or taken under the corresponding provisions of this Act.