The PUNJAB INDUSTRIAL HOUSING ACT, 1956

THE PUNJAB INDUSTRIAL HOUSING ACT, 1956 (3.1-3.6) 
(Punjab Act 16 of 1956) 
 
CONTENTS 
 
 
1. Short Title, extend and commencement. 
2. Definitions. 
3. Application of Act. 
4. Duties of the Competent Authority. 
5. Duties of Competent Authority. 
6. Labour Commissioner and competent authority to be public Servants. 
7. Persons deemed to be in unauthorized occupation. 
8. Application for and allotment of houses. 
9. Condition of occupation. 
10. Execution of agreement. 
11. Rates of rent and date of payment. 
12. Mode of payment of rent and other charges. 
13. Arrears of rent and other charges. 
14. Recovery of arrears of rent etc. 
15. Powers of entry on houses. 
16. Delegation. 
17. Jurisdiction of courts barred. 
18. Deduction of rent from salary or wages. 
19. Eviction from the premises. 
20. Right of appeal. 
21. Power to recover damages. 
22. Realization of money payable under the Act. 
23. Protection of action taken under this Act. 
24. Power to make rules. 
 
Received the assent of the President on the 21
st. June, 1956, and was first published in the 
Punjab Government Gazette Extraordinary, dated the 28th. June 1956. 
 
An Act to provide for allotment, recovery of rent, eviction and other ancillary 
matters in respect of houses constructed under the subsidised Industrial Housing 
Scheme industrial workers in the State of Punjab/Haryana. 
 
Be it enacted by the Legislature of the Stat e of Punjab in the Seventh Year of the 
Republic of India as follows: - 
 
Statement of Objects and Reasons. – A number of houses under the Government of India 
Subsidised Industrial Housing Scheme for i ndustrial workers have been constructed at 
Amritsar and Ludhiana and plans are in hand fo r the construction of more houses at other 
places. Provisional arrangements for the allotmen t of these houses realization of rent etc. 
have been made. Necessity, however, is felt fo r a law to provide for the administration, 
control, allotment, upkeep, real ization of rent and other connected matters in respect of 
these houses. The bill accordingly seeks to make provision for these matters. (Punjab 
Government Gazette Extraordinary, dated the 22nd. March, 1956). 
 
1. Short title, extent and commencement. -- (1) This Act may be called the Punjab 
Industrial Housing Act, 1956. 
 
(2) It shall extend to the whole of the Punjab/Haryana. 
 
(3) It shall come into force in such areas as may be specified by the State 
Government from time to time by notification in the official Gazette. 
2. Definitions. –  In this Act, unless there is an ything repugnant in the subject or 
context – 
 
(a) “allotment” means the grant by or no behalf of the State Government of a 
right or use and occupation of any h ouse to any person and the expression 
allottee shall be construed accordingly. 
 
(b) “house” means a house referred to in sub-section (1) of section 3 or any 
part thereof, and included— 
 
(i) the garden grounds and outhouses , if any, appertaining to such 
house; and 
 
(ii) any fittings affixed to such house for more beneficial enjoyment 
thereof; 
 
(c) “ Competent Authority” means a ny person authorized by the State 
Government by notification in the official Gazette to perform the functions 
of the competent authority under this  Act for such area as may be 
specified in the notification. 
 
(d) “Labour Commissioner” means the o fficer for the time being appoint5ed 
as such by the State Government; 
 
(e) “Industrial Worker” means prescribed by rules made under this Act; 
 
(f) “prescribed” means prescribed  by rules made under this Act; 
 
(g) “rent” means the amount payable by an  allottee or any person for use land 
occupation of a house; and 
 
(h) “State Government” means the Government of State of Punjab. 
 
3. Application of Act. -- (1) This Act shall apply to hous es constructed by the State 
Government for the occupation of Industrial workers under the Industrial Housing 
Scheme subsidized by the Central Governme nt (hereinafter called the subsidized 
Industrial Housing Scheme). 
 
(2) The State Government may by a declar ation published in th e official Gazette 
specify from time to time such houses w ith the name of the town where situate 
and the declaration shall be conclusive evidence that the houses were constructed 
by the State Government for occupati on by industrial workers under the 
Subsidized Industrial Housing Scheme. 
 
4. Duties of the Labour Commissioner. --  Subject to the control of the State 
Government the Labour Commissioner sha ll be responsible for allotment of 
houses and such other functions under this Act as may be prescribed. 
 
5. Duties of the Competent Authority. -- Subject to the control of the State 
Government the competent authority shall be responsible for realization of rent of 
the houses, eviction of persons occupying such houses and other matters relating 
to the administration of this Act as may be prescribed. 
 
6. Labour Commissioner and competent authority to be public Servants. -- The 
Labour Commissioner, the competent authority and the other officers of the State 
Government to whom powers may be dele gated under section 16 shall be deemed 
to be public servants within the meaning of section 21 of the Indian Penal Code. 
 
7. Persons deemed to be in unauthorized occupation. --  For the purposes of this 
Act a person shall, save as otherwise provi ded in this Act, be deemed to be in 
unauthorized occupation of any house—  
 
(a) where he has entered into possessi on of a house otherw ise than under and 
in pursuance of any allotment made by the Labour Commissioner; 
(b) where being an allottee he has by reason of cancellation of an allotment 
under sub-section 92) of section 9 ceas ed to be entitled to occupy the 
house; 
(c) if he has ceased to be an industrial worker under the Act. 
Explanation. -- A person shall not be deemed to ha ve entered into possession of the 
house as an allottee merely for the reason that he has paid some money as rent. 
 
8. Application for and allotment of houses. – (1) An application for allotment of 
houses shall be made in such form as may be prescribed. 
 
(2) Allotment of houses shall be made  by the Labour Commissioner in such 
manner as may be prescribed. 
 
9. Condition of occupation. -- (1) The occupation by any person of a house shall at 
all times, be subject to such conditions  relating to its occupation as may be 
prescribed, or as may be intimated from time to time by the Labour 
Commissioner. 
 
(2) Notwithstanding anything contained in any other la w for the time being in 
force, the Labour Commissioner may, after notice to the allottee or 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 canceling the allotment shall be served upon such person. 
 
10. Execution of agreement. -- Every allottee of a house sh all execute an agreement 
in such form as may be prescribed. 
 
11. Rates of rent and date of appointment. -- There shall be payable by every allottee 
for the period that the house remains allotted to him, rent ant other charges at such 
rates and on such dates as may be fixed by the competent authority. 
 
12. Mode of payment of rent and other charges. -- All rent and other charges shall be 
collected in cash by the competent authority or other person to whom such powers 
are delegated and shall be payable mont hly by the fifteenth day of the following 
month: 
 
Provided that the competent authority 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 other charges. 
 
13. Arrears of rent and other charges. -- Any rent or other charges not paid on due 
date, or within such extended period as  may be given by the competent authority 
shall be treated as a arrear of rent or other charges. 
 
14. Recovery of arrears of rent etc. -- If arrears of rent or ot her charges are not paid 
to the competent authority or to such ot her officer to whom powers are delegated 
on the due date or within the extended period, such ar rears with all costs of 
recovery shall be recoverable as arrears of land revenue, and the person liable to 
pay the same shall be deemed to be in unauthorized occupation of the house 
concerned.  
 
15. Powers of entry on houses. -- The Labour Commissione r/or the competent 
authority may with such assistants, if any as he thinks fit enter at all reasonable 
hours into any house, which he considers necessary to enter for purposes of 
administering or carrying out the provisions of this Act. 
 
16. Delegation. -- The Labour Commissioner or the competent authority may, with 
the previous approval of the State Govern ment delegate all or any of his powers 
under this Act to any officer of the State Government subject to such conditions, 
if any, as may be specified by him. 
 
17. Jurisdiction of courts barred. --  No order made by the State Government, the 
Labour Commissioner or the competent aut hority or any other officer in the 
exercise of any power conferred by under th is Act shall be called in questing in 
any court, and no injunction shall be gr anted 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. 
 
18. 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 
competent authority, providing that the employer under whom he is employed, 
shall be competent to deduct 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 
competent authority in satisfaction of th e rent and other charges due to him in 
respect of the premises allotted. 
 
Upon the execution of such agreemen t the employer shall notwithstanding 
anything contained in the Payment of Wages Act, 1936, make if so required by 
the competent authority in writing, deduc tion of the amount so deducted to the 
competent authority or such other official as may be authorized by him, and the 
employer shall be liable for any amount paid in contravention of this requisition. 
 
(2) If the employer fails to pay the competent authority the amount deducted 
under sub-section (1) within 30 days from th e date of service of a notice in that 
behalf, or pays any amount to the employee in contravention of the requisition 
under the said sub-section, the amount deducted or which he so pays with all costs 
of recovery shall be recoverable as arrears of land revenue. 
 
19. Eviction from the premises. -- (1) If the competent authority is satisfied that – 
 
(a) the allottee of any house – 
 
(i) is in arrears of rent  or other charges, or 
 
(ii) has sublet the whole or any part of such house, or 
 
(iii) has otherwise acted in contravention of any of the terms express or 
implied, under which he is authorized to occupy such premises, or 
 
(b) any person is in unauthorized occupation of any premises the competent 
authority may, notwithstanding anything contained in any law for the time 
being in force by notice served – 
 
(i) by post, or 
(ii) by affixing a copy of it on the outer door or some other 
conspicuous part of such house, or 
 
(iii) in such other manner as may be prescribed, order such person, as 
well any other person who may in occupation of the whole or any 
part of the house, to vacate it within one m onth of the date of the 
service of the notice. 
 
(2) If any person refuses, or fails to  comply with an order made under sub 
–section (1) the competent authority may order eviction of that person form and 
take possession of, the house; and may for that purpose authorizes the use of such 
force as may be necessary. A copy of th e order shall also be served upon the 
person in the manner prescribed. 
 
(3) If a person, who has been orde red to vacate any house under sub-
clause (i) of (ii) of clause (a) of sub-section (1) pays, within one month of the date 
of service of the notice or such longer time as the competent authority may allow 
to the competent authority the rent or ot her charges in arrear s or carries out or 
otherwise complies with the terms contrave ned by him, to the satisfaction of the 
competent authority, he may, instead of  evicting such person cancel his order 
under sub-section 91) and thereupon such person shall hold the house on the same 
terms as those on which he held it immediately before such notice was served and 
on such other terms and conditions whic h may be laid down by the competent 
authority. 
 
20. Right of appeal. -- (1) Any person aggrieved by an order of the competent 
authority under sub-section (2 ) of section 9 or sub-sect ion 92) of section 19 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 Gove rnment may entertain the ap peal after the expiry of 
the said period of 15 das, if it is satisfied the appellant was prevented by sufficient 
cause from filing the appeal in time. 
 
(2) On receipt of an appeal under sub-s ection (1) the State Government may, after 
calling for a report from the competent authority or the Labor Commissioner, and 
after making such further enquiries, if a ny, as may be necessary, pass such orders 
as it thinks fit and order of the State Government shall be final. 
 
(3) Where an appeal is preferred unde r sub-section 91), the State Government 
may stay the enforcement of the order appealed against for such period and on 
such conditions as it thinks fit or until the decision of the appeal whichever is 
earlier. 
 
21. Power to recover damages. -- (1) Where any person is in unauthorized occupation 
of any house, the competent authority may, in the prescribed manner, assess such 
damages not exceeding four times the rent and other charges on account of the use 
or occupation of the house as he may deem just and proper and may, by notice 
served by post or otherwise order that person to pay the damages within such time 
as may be specified in the notice. 
 
(2) If any person refuses or fails to pay the damages within the time specified in 
the notice, the damages may be recovered as arrears of land revenue. 
 
22. Realisation of money payable under the Act. -- All moneys realized or collected 
under this Act shall be deposited to the cred it of the State Government either in 
the State Treasury or in the State Bank of India as may be prescribed. 
 
23. Protection of action taken under this Act. -- No suit, prosecution or other legal 
proceeding shall lie against any person fo r anything, which is in good faith done 
or purported to be done under this Act. 
 
24. Power to make rules. -- (1) The State Government ma y, subject to the condition 
of previous publication, make rules for carrying out the purpose o this Act. 
 
(2) Without prejudice to the generality of the foregoing powers, such rules may 
provide for – 
 
(i) the duties and functions of the La bor Commissioner and the competent 
authority; 
 
(ii) the form of application and manner of allotment of accommodation 
and conditions relating to its occupation; 
 
(iii) the form and manner in which an appeal under section 20 shall be 
preferred; 
 
(iv) the fees, if any, to be pa id in appeals under section 20; 
 
(v) the form of agreement refe rred to in sections 10 and 18; 
 
(vi) the mode of service of the order under sub-section (2 ) of section 9 or 
sub-section (2) of section 19; 
 
(vii) the mode or payment of rent and other charges; 
 
(viii) assessment of damage referred to in section 21; 
 
(ix) the maintenance and upkeep of houses; and 
 
(x) the matters, which are to be or may be prescribed. 
 
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