Section 3: Definitions

In this Act, unless the context otherwise requires -

(a) "tenant", in relation to a building, means a person by whom its rent is payable, and on the tenant's death --

[(1) in the case of a residential building, such only of his heirs as normally resided with him in the building at the time of his death;

(2) in the case of a non-residential building, his heirs;]¹

[Explanation— An occupant of a room in a hotel or a lodging house shall not be deemed to be a tenant;]²

(b) "house tax" means the tax mentioned in section 128(1) (i) of the United Provinces Municipalities Act, 1916, or section 173 (1) (a) of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959, or, as the case may be, section 14(1) (e) of the United Provinces Town Areas Act, 1914;

(c) "District Magistrate" includes an officer authorized by the District Magistrate to exercise, perform and discharge all or any of his powers, functions and duties under this Act, and different officers may be so authorized in respect of different areas of cases or classes of cases, and the District Magistrate may recall any case from any such officer and either dispose of it himself or transfer it to any other such officer for disposal :

[Provided that nothing in this clause shall be construed to empower the District Magistrate to delegate his power to make or authorize the making of a complaint under section 33; ]³

(d) "prescribed", except in clause (e), means prescribed by rules made under this Act;

[(e) "prescribed authority" means a Civil Judicial Officer or Judicial Magistrate authorized by the District Judge to exercise, perform and discharge all or any of the powers, functions and duties of the prescribed authority under this Act, and different officers may be so authorized in respect of different areas or cases, or classes of case, and the District Judge may recall any case from any such officer and may transfer it for disposal to any other such officer;]⁴

(f) "assessment", in relation to a building, means the assessment or proportionate assessment, as the case may be, of the letting value thereof by the local authority having jurisdiction and "assessed" shall be construed accordingly;

(g) "family", in relation to a landlord or tenant of a building, means his or her-

(i) spouse,

(ii) male lineal descendants,

(iii ) such parents, grand parents and any unmarried or widowed or divorced or judicially separated daughter or daughter of a male lineal descendant, as may have been normally residing with him or her,

and includes, a relation to a landlord, any female having a legal right of residence in that building ;

(h) "the old Act", means the United Provinces (Temporary) Control of Rent and Eviction Act, 1947;

(i) "building", means a residential or non-residential roofed structure and includes-

(i) any land (including any garden), garages and out- houses, appurtenant to such building;

(ii) any furniture supplied by the landlord for use in such building;

(iii) any fittings and fixtures affixed to such building for the more beneficial enjoyment thereof;

(j) "landlord", in relation to a building, means n, person D whom its rent is or if' the building were let, would be, payable and includes, except in clause (o), the agent or attorney, of such person;

(k) "standard rent", subject to the provisions of section 6,8,and 10, means-

(i) in the case of a building governed by the old Act and let out at the time of the commencement of this Act-

(a) where there is both an agreed rent payable therefor at such commencement as well as a reasonable annual rent which in this Act has the same meaning as in section 2(f) of the old Act, reproduced in the Schedule the agreed rent or the reasonable annual rent plus 25 per cent thereon, whichever is greater;

(b) where there is no agreed rent, but there is a rea-sonable annual rent, the reasonable rent plus 25 per cent thereon;

(c) where there is neither agreed rent nor reasonable annual rent, the rent as determined under section 9 ;

(ii) in any other case, the assessed letting value, for the time being in force, and in the absence of assessment, the rent determined under section 9;

(l) "State Government" means the Government of Uttar Pradesh;

(m) "local authority" means a Nagar Mahapalika, municipal board, notified area committee or town area committee [a Zila Parishad, a Development Authority established under the Uttar Pradesh Urban Planning and Development Act, 1973, or the Uttar Pradesh Avas Evam Vikas Parishad established under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965]⁵ ;

[(n) "improvement" in relation to a building, means any addition to it or alteration thereof or the provision of any new amenity to the tenant, and includes all repairs made in any year the cost whereof exceeds the amount of two month's rent thereof ;

(o) “public building” means any building belonging to or taken on lease or requisitioned by or on behalf of the Central Government or a State Government (including the Government of any other State) and includes any building belonging to or taken or lease by or on behalf of any local authority or any public sector corporation;

(p) “public sector corporation” means any corporation owned or controlled by the Government and includes any company as defined in section 3 of the Companies Act, 1956 in which not less than fifty per cent of the paid up share capital is held by the Government;

(q) “recognized educational institution” means [any University established by law in India, or]⁶ any institution recognized under the Intermediate Education Act, 1921 or the Uttar Pradesh Basic Education Act, 1972 or recognized or affiliated under the Uttar Pradesh State Universities Act, 1973;

(r) “charitable institution” means any establishment, undertaking organization or association formed for a charitable purpose and includes a specific endowment;

Explanation— For the purposes of this clause, the words ‘charitable purpose includes relief of poverty, education, medical relief and advancement of any other object of utility or welfare to the general public or any section thereof, not being an object of an exclusively religious nature;

(s) “religious institution” means a temple, math, mosque, church, gurudwara or any other place of public worship [***]⁷ .]⁸