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[Cites 0, Cited by 10] [Section 43] [Entire Act]

State of Uttar Pradesh - Subsection

Section 43(2) in The U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972

(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 proceedings 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 transfer-red 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 CAWS, be subject to appeal accordingly ;
(d)the provisions of section 39 shall mutatis mutandis apply to every proceedings 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 ;
(e)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 as if this Act had not been passed:
(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 Ito 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 sub-section (4)' of, section 5 of the old Act shall be decided by that court, and the rate of rent in, respect of the period prior to the commencement of this Act Shall he 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-