The ALLOTMENT OF HOUSES UNDER CONTROL OF THE ESTATE DEPARTMENT ACT, 2016

 
 
 
 
 
 
 
 
 
 
 
 
jkT; lEifRr foHkkx ds fu;a=.kk/khu Hkouksa dk 
vkoaVu vf/kfu;e] 2016 
¼m0 iz0 vf/kfu;e la0 23] lu~ 2016½ 
 
 
 
THE ALLOTMENT OF HOUSES UNDER CONTROL OF 
THE ESTATE DEPARTMENT ACT, 2016 
(U.P. Act No. 23 of 2016)  
 439 
THE ALLOTMENT OF HOUSES UNDER CONTROL OF THE 
ESTATE DEPARTMENT ACT, 2016 
(U.P. Act no. 23 of 2016) 
[As  p assed by the Uttar Pradesh Legislature  and assented to by 
the Governor on September 14, 2016 and was published in the Uttar 
Pradesh Gazette, Extraordinary dated September 16, 2016.] 
Amended by 
U. P. Act no. 36 of 2016 
U. P. Act no. 02 of 2020 
AN 
ACT 
1[“to  regulate the allotment of houses under the control of Estate 
Department of the State Government of Uttar Pradesh to the employees and 
officers of the State Government, Employees Association , political parties, 
journalist, officers of All India Service/Judicial Service, Trust and Justices.]” 
IT IS HERRBY  enacted in the Sixty -seventh Year of the Republic of 
India as follows:- 
Short title 1. This Act may be called the Allotment of Houses under th e
Control of the Estate  Department Act, 2016; 
Definitions 2. I n this Act, unless the context otherwise requires-
 (a)  "Allotment" means to authorise a person to occupy a 
house under the provisions of this Act; 
 (b) "Estate Officer" means the Officer -in-charge of Estates 
to the Government of  Uttar Pradesh; 
 (c) "Lucknow" means the area within the jurisdiction of 
Nagar  Nigam Lucknow; 
(d)  "Residence" means a house and its premises under 
control of  the Estate Department; 
(e) "Officer" means an officer or employee of the State 
Government and includes a member of All -India Service 
working under the State Government or a member of judicial 
service working at Lucknow;  
 (f) "Type" means a type of houses as mentione d in 
s
ection-3; 
 (g)  "Rent" means the amount payable by a person on 
account  of occupation of a residence alloted to him; 
 (h) "Trust" means a trust established for social work in the 
name of renowned person or a trust working for a furtherance 
of ideals, principles and their social works which is registered 
under the Indian Trust Act, 1882; 
 (i) "Society" means a Society registered under the Societies 
Registration  Act, 1860 and are working in the field of social 
welfare and public interest; 
(j) "Political Party" means a party recognized by the Election 
Commission of  India ; 
1. Subs. By Sec. 2 of U.P. Act no. 2 of 2020
440 
[The Allotment of Houses Under Control of the Estate Department Act, 2016]  
(k) 1[xxxx] 
(l) "Employees Association " means an  Employees 
Association  which is recognized by the State Government and 
the head  quarter of which is at Lucknow;  
 (m) "Journalist" means an editor, a sub -editor or a 
journalist who has been recognized by Information and Public 
Relations Department from State headquarter level which is 
serving at whole time worker and the office of the newspaper 
of which is at Lucknow;  
(n) "Unauthorised Occupation" means the unauthorised 
occupation as defined in the Uttar Pradesh Public Premises 
(Eviction of Unauthorised Occupants) Act, 1972 and  the Uttar 
Pradesh Public Premises (Eviction of Certain Unauthorised 
Occupants)  Act, 2010; 
[(o) ‘Senior Journalist’ means a journalist who has ben 
related in any manner to any national daily News paper/news, 
T.V. channel for at least fifteen years and has worked as 
correspondent or has done the written or editing work as 
senior level.]2 
“3[(p)’Market Rate’ means the rate fixed by the  rate fixed 
by the State Government by notification from time to time; 
(q) ‘Statutory Commission means a Commission 
constituted by the State Government under any Act.”] 
Type of Houses 3. The type of Houses under control of the Estate Department
are as follows:- 
Type-i 
Type-ii 
 Type-iii 
 Type-iv 
 Type-v 
 Type-vi 
 Type-vii 
4[Provided that the type of houses and their specifications 
shall be such, as the State Government may by notification specify.] 
Eligibility for 
allotment 
4. 5[The eligibility for allotment of houses under control of the
Estate Department shall be follows:- 
Table 
Sl.  No. Eligibility of Allotment Type of 
Houses 
01 Group ‘D’ employees working under the State 
Government. 
I 
1. Omitt. By Sec. 3 of U.P. Act no. 2 of 2020.
2. Ins. by s. 2  of U.P. Act No. 36 of 2016.
3. Ins. by s. 3 (b) of U.P. Act No. 2 of 2020
4. Ins. by s. 4 of U.P. Act No. 2 of 2020
5. Ins. by s. 5 of U.P. Act No. 2 of 2020.
442 
[The Allotment of Houses Under Control of the Estate Department Act, 2016]  
02 Group ‘C’ and ‘B’ Non Gazetted officials 
working under the State Government. 
II 
03 (1)Group ‘C’ Gazetted officers working under 
the State Government; 
(2)Gazetted officers of Group ‘B’ working under 
the State Government on the post of Review 
Officer of Uttar Pradesh Civil Secretariat or 
equivalent thereto. 
III 
04 (1)Officers of Group ‘B’ working under the 
State Government on the post of Section 
Officer of Uttar Pradesh Civil Secretariat or 
equivalent thereto. 
(2)Officers of Group ‘B’ working under the 
State Government on the post of Under 
Secretary or Deputy Secretary or Joint 
Secretariat or equivalent thereto; 
(3)Subordinate officers of the Judicial 
Services; 
(4)Journalists, Societies and recognized 
employees associations. 
IV 
(5)Non- Government Chairman or Vice-
Chairman or members or advisers as may be, 
nominated/ appointed in various 
Departments, Corporations , undertakings, 
Councils, Commissions, Institutions of the 
State Government subject to availability. 
IV 
(Vidhayak 
Niwas-3, 
O.C.R.) 
05 (1)Officers of Group ‘A’ working under the 
State Government on the post of Special 
Secretary  or Secretary of Uttar Pradesh Civil 
Secretariat or equivalent thereto; 
(2)Additional District Judges of higher Judicial 
Service and the officers of Judicial Service 
working in the equivalent pay scale; 
(3)Trusts; 
(4)Chairman and members of various 
statutory Commission and Tribunal under the 
State Government; 
(5)Senior Journalists. 
V 
06 (1)Judge of the High Court. 
(2) Officers of the State Government not below 
the rank of Principal Secretary; 
(3) District Judge and the Judicial officers of 
the equivalent pay-scale; 
(4) Political Parties; 
(5)Chairman and Member of Constitutional 
Commission.] 
VI AND VII 
444 
[The Allotment of Houses Under Control of the Estate Department Act, 2016]  
Explanation:–For the purposes of this section:- 
(a) Group-"B" officers means the Section Officers working 
in the Secretariat or a gazetted officers of the State Government 
working in the equivalent pay scale. 
(b)  Group-"A" officers means a Joint Secretary, Special 
Secretary or Secretary working in the Secretariat or officers of 
the State Government working in the equivalent pay scale. 
(c)  Senior officer means the Principle Secretary or any 
officer working in the equivalent pay scale or higher pay scale. 
Power to 
allot 
5. Type-1 to 4 Houses  will be alloted by the Estate   Officer and
type-5 to 7 houses will be alloted by the Estate Officer with the prior 
approval of Principle Secretary/Secretary of the Estate Department . 
      1[Provided that the allotment of houses to the Non 
Government Chairman or Vice -Chairman or members or advisers, as 
may be, nominated/appointed in various Departments, Corporations, 
undertakings, Councils, Commissions, Institutions of the  State 
Government shall be made by the Estate Officer with the prior approval 
of the Minister of Estate Department.] 
Period of 
allotment 
6. (1) The allotment of Houses to Officers of All India  Service,
officers of Judicial Service and officers  /employe es of  the State 
Government shall be allotted for the period of their posting at Lucknow. 
In the case of transfer/retirement the Allottees shall vacate the 
residence occupied by them within 30 days from the  date of their 
transfer/retirement.   
 (2) Allotment to other applicants except trust shall be  made for 
a period of two years and the renewal thereof shall be considered by the 
State Government for allotment for a period of one year at a time. 
 2[(3) The allotment of houses to a trust will be  made for a 
maximum period of five years and the renewal for a further maximum 
period of five years may be made by the Estate Department on an 
application made by the trust. 
(4) The allotment of houses to a chairman or member of 
Statutory Commissions or Tribunals and Non - Government Chairman 
or Vice - Chairman or member or advisers, as may be, 
nominated/appointed  in various Departments, Corporations,  , 
undertakings, Councils, Commissions, Institutions of the State 
Government shall be made for the  period till the tenure of their posting 
on the above posts.] 
Rent 
assessment 
[7. The rent of the houses allotted under the provisions of this 
Act shall be charged at market rate in the case of Trust and Society, and 
in case of other allottees the rent shall be charged at such rate as may 
be prscribed.]3 
Eviction of 
Houses 
[8. The unauthorised occupation by an allottee of this Act shall 
be evicted under the provisions of the Uttar Pradesh Public Premises 
(Eviction of Unauthorised Occupants) Act, 1972 and the Uttar Pradesh 
Public Premises (Eviction of Certain Unauthorised Occupants) 
Act, 2010.]4  
1. Ins. By sec 6 of UP Act no. 2 of 2020.
2. Subs. by s. 7 of U.P. Act No. 2 of 2020
3. Subs. by s. 5 of U.P. Act No. 36 of 2016.
4. Subs. By s. 6 of U.P. Act No. 36 of 2016 .
446 
[The Allotment of Houses Under Control of the Estate Department Act, 2016]  
Power to make 
rules 
9. The State Government may, by notification, make rules for
carrying out the purposes of this Act. 
Power to 
remove 
difficulties 
10. (1) If any difficulty arises in giving effect to the provisions of
this Act, the State Government may , for removing such difficulty, by 
order  published in the Gazette, direct that the provision of  this Act 
shall, during such period as may be specified in t he order, have effect 
subject to such adoptations, whether by way of modification, addition 
or omission, as it may deem to be necessary and expedient, 
 (2) No order under the sub-section (1) shall be made  
after the expiration of a period of two years fro
m the date of 
commencement of this Act.  
 (3) Every order made under sub-section (1) shall be laid before 
both Hous es of the State Legislature as soon as may be after it is 
made. 
———— 
STATEMENT OF OBJECTS AND REASONS 
The allotment of various types of houses under the control of Estate Department 
are being made to the employees and officers of the State Government, Employees 
associations, political parties, journalists, officers of All India Service/judicial service, 
Member of Legislative Council, Member of Legislative Assembly, Trusts, Ministers, 
Chairman/Deputy Chairman of Legislative Council, Speaker/Deputy Speaker of 
Legislative Assembly and Justices under the provisions of executive rules and in certain 
cases under the provisions of statutory rules and Acts by the Estate Department as yet. 
There is no separate law for this purpose. It has, therefore, been decided to make a law 
to regulate the allotment of the said houses.  
 The Allotment of Houses under Control of th e Estate Department Bill, 2016  is 
introduced accordingly. 
448 

All Uttar Pradesh acts Next ›