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Section 33: Procedure to be followed in Rent Authority and Rent Tribunal

The Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021State Act of Uttar Pradesh · Act 16 of 2021

33. (1) Save as provided in this Act, nothing contained in the Code of Civil Procedure, 1908 (Act. no. 5 of 1908) shall apply to the Rent Authority and Rent Tribunal, which shall be guided by the principles of natural justice and shall have power to regulate their own procedure in the following manner, namely:-

(a) the landlord or the tenant may file an application or appeal before the Rent Authority or Rent Tribunal, as the case may be, accompanied by affidavit and documents, if any;

(b) the Rent Authority or Rent Tribunal, as the case may be, shall then issue notice to the opposite party, accompanied by copies of application or appeal, affidavit and documents;

(c) the opposite party shall file a reply accompanied by affidavit and documents, if any, after serving a copy of the same to the applicant;

(d) the applicant may file a rejoinder, ifany, after serving the copy to the opposite party;

(e) the Rent Authority or Rent Tribunal, as the case may be, shall fix a date of hearing and may hold such summary inquiry as it deems necessary.

(2) The Rent Authority or Rent Tribunal, as the case may be, shall endeavor to dispose the case as expeditiously as possible, not exceeding a period of more than sixty days from the date of receipt of the application or appeal:

Provided that where any such application or appeal, as the case may be could not be disposed of within the said period of sixty days, the Rent Authority or Rent Tribunal, as the case may be, shall record its reasons in writing for not disposing of the application or appeal within that period:

(3) In every application or appeal, before the Rent Authority or Rent Tribunal, as the case may be, the evidence of a witness shall be given by affidavit:.

Provided that the Rent Authority or Rent Tribunal, as the case may be, may where it appears to it that it is necessary in the interest of justice to call a witness for examination or cross-examination, order attendance of such witness to be present for examination or cross-examination.

(4) The provisions of the Code of Civil Procedure, 1908 (Act. no. 5 of 1908) regarding service of summons shall be applicable mutatis mutandis for service of notice by the Rent Authority or Rent Tribunal. In addition to the said mode of service, the service of notice to landlord or tenant may also be effected through e-mail, WhatsApp, SMS or other recognized electronic mode.

(5) Every application or appeal shall be in such form as may be prescribed.

(6) The Rent Authority or Rent Tribunal, as the case may be, shall not allow more than three adjournments at the request of a party throughout the proceedings and in case of reasonable and sufficient cause to do so, it shall record the reasons for the same in writing and order the party requesting adjournment to pay a reasonable cost.

(7) Every application under clauses (a), (b), (e),(f) and (g) of sub-section (2) of section 21 or under section 22 shall be decided within ninety days from the date of filing of such application before the Rent Authority.

(8) The Rent Authority shall decide every application filed under clause (c) and (d) of sub-section (2) of section 21 within thirty days from the date of filing of such application.

Where this provision sits

ActThe Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021
Section33
Marginal noteProcedure to be followed in Rent Authority and Rent Tribunal
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

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