The U.P. Industrial Housing Act, 1955

--- Section 1. Section 1.Short title, extent and commencement --- (1) This Act may be called the Uttar Pradesh Industrial Housing Act, 1955. (2) It shall extend to the whole of Uttar Pradesh. (3) It shall come into force in such areas and with effect from such date as the State Government may, by notification 2 in the Official Gazette, declare in this behalf. [Footnotes] 2 Under Notification no. 288(A)/XXXVI (D)-261(A)-68 dated April 19, 1969 the said Act is in force w.e.f. April 19, 1969 in the following areas: Town Area Kanpur ------ Ford Mecdonald, Fahimiddin ka hata, Sewa gram, Halwa khanda Lucknow ------ Tikait rai-ka-talab, Talkatora road near Tikait rai-ka-talab Modinagar (Meerut) ----- Sucheta Puri Varanasi ------ Nati Imli, Sahupuri Shikohabad ----- On station road, between A.K. College and Sirsa river Ghaziabad ---- Section 8 of Dhukra, Sirhani, Moza, Jatwara kala gaon --- Section 2. Section 2.Definitions --- In this Act, unless there is anything repugnant in the subject or context,- (a) "Advisory Committee" means the Advisory Committee constituted under Section 8; (b) "allotment" means the grant by or on behalf of the State Government or a local authority of a right of use and occupation of any house to any person but does not include a grant by way of a lease; (c) "house" means a house referred to in [***] 3 Section 3 and includes any part thereof, and- (i) any garden, grounds and out houses appertaining to such house; (ii) any furniture supplied by the State Government, the local authority or the [Labour] 4 Commisssioner for use in such house;br (iii) any fitting affixed to such house for more beneficial enjoyment thereof; (d) "[Labour] 4 Commissioner", "Deputy [Labour] 4 Commissioner [Housing]", "Assistant [Labour] 4 Commissioner [Housing]" mean the officer appointed as such by the State Government; (e) "industrial worker" means a worker as defined in the Factories Act, 1948; (f) "prescribed" means prescribed by rules made under this Act; [(g) "rent" in relation to any house, means the consideration payable periodically for the authorised occupation of the house and includes- (i) any charge for electricity, waiter or any other services in connection with the occupation of the house; (ii) any tax, by whatever name called, payable in respect of the house, Where such charge or tax is payable by the State Government or the local authority, as the case may be 5 (h) "State Government" means the Government of Uttar Pradesh. [Footnotes] 3 Omitted by S. 96 (4) (ii) of U.P. Act No 1 of 1966. 4 Subs. by S. 96 (4) (i) ibid 5 Subs by S. 22 of U.P. Act No. 30 of 1970. --- Section 3. Section 3.Application of the Act --- (1) This Act shall apply to houses constructed by the State Government or any local authority[ other than the Uttar Pradesh Avas Evam Vikas Parishad] 6 [ established under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 or Uttar Pradesh Rural Housing Board established under the Uttar Pradesh Rural Housing Board Act,1983] for the occupation of Industrial workers under the Industrial Housing Scheme subsidized by the Central Government (hereinafter called the Subsidized Industrial Housing Scheme) or under any other scheme of the State or Central Government, to be notified in the Official Gazette, in that behalf. (2) The State Government may, by a declaration 7 published in the Official Gazette, specify, from time to time, such houses with the names of the towns where situate and the declaration shall be conclusive evidence that the houses were constructed by the State Government or local authority, as the case may be, for occupation by industrial workers under the Subsidized Industrial Housing Scheme. [(3) This Act shall also apply to such houses constructed in execution of any scheme under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 [or the Uttar Pradesh Rural Housing Board Act, 1983], as may be declared by the said Parishad by notification in the Official Gazette, to be houses subject to this Act.] 8 [Footnotes] 6 Ins. by S. 96 (4) (ii) of U.P. Act No 1 of 1966. 7 See Noti. No. 288(A)(ii)/XXXVI (D) - 261(A)-68 dated April 19, 1969. 8 Add by S. 96 (4) (ii) of U.P. Act No 1 of 1966. --- Section 4. Section 4.Labour Commissioner - --- (1) The State Government shall, by notification in the Official Gazette, appoint a [Labour] 9 Commissioner. (2) The [Labour] 9 Commissioner shall be a Corporation sole by the name of the [Labour] 9 Commissioner, Uttar Pradesh, and shall have perpetual succession and an official seal and may sue and be sued in his corporate name. [Footnotes] 9 Subs. by S. 96 (4) (ii) of U.P. Act No 1 of 1966. --- Section 5. Section 5.Deputy (Labour) Commissioner (Housing) and Assistant (Labour) Commissioner (Housing) - --- (1) The State Government may appoint one or more Deputy [Labour] 10 Commissioner (Housing)] and Assistant [Labour] 10 Commissioners (Housing) and other officers and staff as it may consider necessary to administer, supervise and carry out the work connected with the administration of this Act (2) A Deputy [Labour] 10 Commissioner (Housing)] and an Assistant [Labour] 10 Commissioner (Housing) shall, subject to general control of the State Government, and the orders of the [Labour] 10 Commissioner be competent to discharge any of the duties and to exercise any of the powers of the [Labour] 10 Commissioner, and when discharging such duties or exercising such powers, shall have the same privileges and be subject to the same liabilities as the [Labour] 10 Commissioner, [Footnotes] 10 Subs. by S. 96 (4) (ii) of U.P. Act No 1 of 1966. --- Section 6. Section 6.(Labour) Commissioner and other officers and servants to be public servants under Section-121, Indian Penal Code. - --- The [Labour] 10 Commissioner and any other officer or servant appointed under sub-section (1) of Section 5 shall be deemed to be public servants within the meaning of Section-121 of the Indian Penal Code. [Footnotes] 10 Subs. by S. 96 (4) (ii) of U.P. Act No 1 of 1966. --- Section 7. Section 7.Duties of the Labour Commissioner. - --- Subject to the control of the State Government, the [Labour] 10 Commissioner shall be responsible for allotment of houses, realization of their rent, [securing the] 11 eviction of person occupying such houses, and all other matters relating to the administration of this Act. [Footnotes] 10 Subs. by S. 96 (4) (ii) of U.P. Act No 1 of 1966. 11 Subs. by S. 19(2)(a) of U.P. Act No. 22 of 1972 for eviction. --- Section 8. Section 8.Advisory Committee. - --- (1) The State Government may, by notification in the Official Gazette, constitute an Advisory Committee to advise on matters relating to the administration of this Act which the State Government or the [Labour] 10 Commissioner may refer to it for advice. (2) The members of the Advisory Committee shall be appointed by the State Government. Their number including the Chairman shall be nine : Provided that the Advisory Committee shall include at least one member representing industrial workers and one representing employers of such industrial workers. (3) The Chairman of the Advisory Committee shall be appointed by the State Government. [Footnotes] 10 Subs. by S. 96 (4) (ii) of U.P. Act No 1 of 1966. --- Section 9. Section 9.*** 12 --- -- [Footnotes] 12 Omit. by S. 19(1)(c) of U.P. Act No. 22 of 1972 --- Section 10. Section 10.Application for allotment - --- An application for allotment of houses shall be made in such form as may be prescribed. --- Section 11. Section 11.Allotment of houses - --- The allotment of house shall be made by the Labour Commissioner in such manner as may be prescribed. --- Section 12. Section 12.Conditions of occupation - --- (1) The occupation by any person of a house shall, at all times, be subject to conditions relating to the occupation of such house as may be prescribed, or as may be intimated, from time to time by the [Labour] 10 Commissioner, (2) Notwithstanding anything contained in any law for the time being in force, the [Labour] 10 Commissioner may, after notice to the occupier and considering his explanation, if any, for reasons to be recorded, cancel any allotment under which a house is held or occupied by any person. A copy of the order cancelling the allotment shall be served upon such person. [Footnotes] 10 Subs. by S. 96 (4) (ii) of U.P. Act No 1 of 1966. --- Section 13. Section 13.Jurisdiction of Court barred. - --- No order made by the State Government or [Labour] 10 Commissioner in the exercise of any power conferred by or under this Act shall be called in question in any Court, and no injunction shall be granted by any Court or any authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act. [Footnotes] 10 Subs. by S. 96 (4) (ii) of U.P. Act No 1 of 1966. --- Section 14. Section 14.Execution of agreement. - --- Every occupier of a house shall execute an agreement in such form as may be prescribed. [Footnotes] - --- Section 15. Section 15.Rates of rent and dates of payment. - --- There shall be payable by every person in whose favour an allotment is made, rent and other charges at such rates and on such dates as may be fixed by the [Labour] 13 Commissioner. [Footnotes] 13 Subs. by S. 96(4)(i) of U.P. Act No. 1 of 1966 --- Section 16. Section 16.Mode of payment of rent and other charges. - --- All rents and other charges shall be collected in cash and shall be payable monthly by the 15th day of the following month : Provided that the [Labour] 13 Commissioner may, subject to such directions as may be issued by the State Government, extend from time to time, the period of payment of the rent and the other charges. [Footnotes] 13 Subs. by S. 96(4)(i) of U.P. Act No. 1 of 1966 --- Section 17. Section 17.Arrears of rent and other charges. - --- Any rent or other charges not paid on the due date, or within such extended period as may be given by the [Labour] 13 Commissioner, shall be treated as an arrear. [Footnotes] 13 Subs. by S. 96(4)(i) of U.P. Act No. 1 of 1966 --- Section 18. Section 18.Power to enter into any house. - --- The [Labour] 13 Commissioner the Deputy [Labour] 13 Commissioner (Housing), the Assistant [Labour] 13 Commissioner (Housing), or any other officer appointed under this Act may with such assistants, if any, as he thinks fit, enter at all reasonable hours into any house which he considers it necessary to enter for the purpose of administering or carrying out the provisions of this Act. [Footnotes] 13 Subs. by S. 96(4)(i) of U.P. Act No. 1 of 1966 --- Section 19. Section 19.*** 14 --- *** 14 [Footnotes] 14 Omit. by S. 19(1)(c) of U.P. Act No. 22 of 1972 --- Section 20. Section 20.Deduction of rent from salary or wages. - --- (1) Without prejudice to the provisions of any other Act, any person may execute an agreement in favour of the [Labour] 13 Commissioner providing that the employer under whom he is employed, shall be competent to deduct from the salary or wages payable to him such amount as may be specified in the agreement and to pay the amount so deducted to the [Labour] 13 Commissioner in satisfaction of the rent and other charges due to him in respect of the premises allotted. Upon the execution of such agreement the employer shall notwithstanding anything contained in the Payment of Wages Act, 1936, make, if so required by the [Labour] 13 Commissioner in writing, deduction of the amount, specified in the requisition from the salary of wages of the employee and pay the amount so deducted to the [Labour] 13 Commissioner or such other official as may be authorised by him, and the employer shall be liable for any amount paid in contravention of this requisition. (2) If the employer fails to pay to the [Labour] 13 Commissioner the amount deducted under sub-section (1) within 30 days from the date of service of a notice in that behalf, or pays any amount to the employee in contravention of the requisition under the said subsection, the amount deducted or which he so pays with all costs of recovery shall be recoverable as arrears of land revenue. [Footnotes] 13 Subs. by S. 96(4)(i) of U.P. Act No. 1 of 1966 --- Section 21. Section 21.***14 --- ***14 [Footnotes] 14 Omit. by S. 19(1)(c) of U.P. Act No. 22 of 1972 --- Section 22. Section 22.Right of appeal. - --- (1) Any person aggrieved by an order of the [Labour] 13 Commissioner under sub-section (2) of Section- 12 [ ***] 15 may within 15 days of the service of the order under the said sections, prefer an appeal to the State Government: Provided that the State Government may entertain the appeal after the expiry of the said period of 15 days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) On receipt of an appeal under sub-section (1) the State Government may, after calling for a report from the [Labour] 16 Commissioner and after making such further enquiries, if any, may be necessary, pass such orders as it thinks fit and the order of the State Government shall be final. (3) Where an appeal is referred under sub-section (1) the State Government may stay the enforcement of the order appealed against for such period and on such conditions as it thinks fit. [Footnotes] 13 Subs. by S. 96(4)(i) of U.P. Act No. 1 of 1966 15 Omit. by S. 19(2)(b) ibid. 16 Subs. by S. 96(4)(i) of U.P. Act No. 22 of 1972. --- Section 23. Section 23.*** 17 --- *** 17 [Footnotes] 17 Omit. by S. 19(1)(c) of U.P. Act No. 22 of 1972 --- Section 24. Section 24.*** 17 --- *** 17 [Footnotes] 17 Omit. by S. 19(1)(c) of U.P. Act No. 22 of 1972 --- Section 24A. Section 24A.*** 17 --- *** 17 [Footnotes] 17 Omit. by S. 19(1)(c) of U.P. Act No. 22 of 1972 --- Section 24B.. Section 24B..*** 17 - --- *** 17 [Footnotes] 17 Omit. by S. 19(1)(c) of U.P. Act No. 22 of 1972 --- Section 24C. Section 24C.*** 17 - --- *** 17 [Footnotes] 17 Omit. by S. 19(1)(c) of U.P. Act No. 22 of 1972 --- Section 24D. Section 24D.*** 17 - --- *** 17 [Footnotes] 17 Omit. by S. 19(1)(c) of U.P. Act No. 22 of 1972 --- Section 24E. Section 24E.*** 17 - --- *** 17 [Footnotes] 17 Omit. by S. 19(1)(c) of U.P. Act No. 22 of 1972 --- Section 24F. Section 24F.*** 17 - --- *** 17 [Footnotes] 17 Omit. by S. 19(1)(c) of U.P. Act No. 22 of 1972 --- Section 25. Section 25.*** 17 --- *** 17 [Footnotes] 17 Omit. by S. 19(1)(c) of U.P. Act No. 22 of 1972 --- Section 26. Section 26.Protection of action taken under this Act. - --- No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or purported to be done under this Act. [Footnotes] - --- Section 27. Section 27.*** 17 --- *** 17 [Footnotes] 17 Omit. by S. 19(1)(c) of U.P. Act No. 22 of 1972 --- Section 28. Section 28.Power to make rules. - --- (1) The State Government may, subject to the conditions of previously publication, make rules for carrying out the purposes of this Act. (2) Without prejudice to the generality of the foregoing powers, such rules may provide for,- (i) the duties and functions of the [Labour] 16 Commissioner; (ii) the constitution and membership of the Advisory Committee under Section 8; (iii) the form of application and manner of allotment of accommodation and conditions relating to its occupation, (iv) the form and manner in which an appeal under Section 22 shall be preferred; (v) the fees, if any, to be paid in appeals under Section 22; (vi) the form of agreement referred to in Sections 14 and 20; (vii) the mode of service of the order under sub-section (2) of Section 12 [ *** ] 18 (viii) the mode of payment of rent and other charges; (ix) [ *** ] 19 (x) the maintenances and upkeep of the houses; and (xi) the matters which are to be or may be prescribed. [(3) All rules made under this Act shall, as soon as maybe after they are made, be laid before each House of the State Legislature, while it is in session for a total period of fourteen days which may be comprised in its one session or in two or more successive sessions and shall unless some later date is appointed, take effect from the date of their publication in the Gazette subject to such modifications or amendments as the two Houses of the Legislature may during the said period agreed to make, so however, that any such modification or amendment shall be without prejudice to the validity of anything previously done thereunder.] 20 [Footnotes] 16 Subs. by S. 96(4)(i) of U.P. Act No. 22 of 1972. 17 Omit. by S. 19(1)(c) of U.P. Act No. 22 of 1972 18 Omit. by S.19(2)(c) of U.P. Act No. 22 of 1972 19 Omit. by ibid 20 Add. by S. 26 of U.P. Act No 30 of 1970