Up rent control act 1972 section 2 sub sec 9 exemtions
Amit
(Querist) 19 September 2011
This query is : Resolved
Sir,
We have a property at Hathras UP given on rent to Sales Tax dept since long.
The agreement is for 5 yrs and increase of rent is long due. The Sales Tax officer at Lucknow want kiraya auchitva praman patr from DM and the DM says that this comes under Rent control. Current rent of the building is Rs 10479/- PM.
Sales Tax officer says that our case comes under exemption under the above mentioned sec hence rent control act is not applicable as your rent is more than Rs 2000/- PM. Pls inform and explain as to what does UP rent control act 1972 sec 2 sub sec 9
Raj Kumar Makkad
(Expert) 19 September 2011
UP Rent Control Act is duly applicable. You file a Fair Rent Petition before Rent Controller and get the work done.
prabhakar singh
(Expert) 20 September 2011
THE ACT APPLICABLE IN STATE OF IS CALLED"THE UP URBAN BUILDINGS REGULATION OF LETTING,RENT AND EVICTION ACT 1972"
ORIGINALLY THE ACT DID NOT CONTAIN ANY EXEMPTION CLAUSE BASED ON MONTHLY RENT
BUT BY AMENDING ACT UP ACT NO.5 OF 1995(W.E.F.26/09/1994)THE CLAUSE REPRODUCED BELLOW WAS INSERTED FOR THE FIRST TIME TO GRANT EXEMPTION FROM OPERATION OF THIS ACT ON THE BASIS OF RENT BY INSERTING A CLAUGE NUMBERED (g) in section 2.
"[(g)any building whose monthly rent exceeds two thousand rupees;"
Thus section 2 togather with section 2 will be read as follows:::
"2.EXEMPTION FROM OPERATION OF THE ACT.-(1)Nothing in this Act shall apply to[the following,namely]:-
[(a)..............................;or
(b).............................;or
(bb).............................;or
(bbb).............................;or
(c)................................;or
(d)................................;or
(e).................................;or
(f)..................................;or
[(g)any building whose monthly rent exceeds two thousand rupees;or
(h)..................................."
NOW IT IS CLEAR THAT ALL BUILDINGS WHOSE RENT EXCEEDS Rs.2000/= are exempted and or out of the purview of the Act.
per month rent of your building is for above the limit.
Therefore in my considered opinion your your building is EXEMPTED from the operation of the Act,District Magistrate is
wrong in his saying that your building falls under the Act.
ADVISE::-
Give a written representation with full facts referring the provision told by me and insist him to pass an order in writing and in case he passes an order against you are decline to pass any order ,you can file an appropriate writ in the High Court,i am sure you shall get the relief.
Amit
(Querist) 21 September 2011
thanks Raj Kumar ji and Prabhakar Ji. I will go with Prabhakar Ji opinion.
Amit
(Querist) 21 September 2011
thanks Raj Kumar ji and Prabhakar Ji. I will go with Prabhakar Ji opinion.
