The U.P. Industrial Housing Act, 1955

  
 
THE UTTAR PRADESH INDUSTRIAL HOUSING ACT, 1955 1
(U. P. A CT No. XXIII OF 1955)
Amended by
U. P. Act No. I of 1966
U. P. Act No. XXX of 1970
U. P. Act No. XXII of 1972
[ Passed in Hindi by the Uttar Pradesh Legislative Assembly
on September 21, 1955 and by the Uttar Pradesh Legislative
Council on October 14, 1955.
Received the assent of the President on December 13, 1955,
under Article 201 of the Constitution of India and was published in
theUttar Pradesh Gazette Extraordinary, dated December 21,
1955. ]
Whereas houses have been constructed and may hereafter
be constructed by the State Government of Uttar Pradesh or local
authorities for purposes of housing industrial workers ;
AND whereas it is expedient to provide and set up an
authority to administer and manage such houses ;
It is hereby enacted as follows ;
Short title,
extent and
commencement
CHAPTER I
1.(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.
Definitions 2.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 ;
1. For Statement of Objects and Reasons see Uttar Pradesh Gazette Extraordinary, dated April 30, 1954.
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 Fahimuddin-ka-Hata Seva Gram
Halwa-Khanda
Lucknow . . . . . . Tikait Rai-ka-Talab Talkatora Road Near Tikait Rai-
Ka-Talab
Modinagar (Meerut) . . . . Sucheta Puri
Varanasi . . . . . . Nati Imli Sahu Puri
Shikohabad . . . . . . On Station Road, Between A. K. College and Sirsa, River
Ghaziabad . . . . . . Sector 8 of Dhukra Sirhani Moza Jatwara Kalan Gaon
3.Omit. bys.96 (4) (ii) of U. P. Act No. I of 1966.
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[The Uttar Pradesh Industrial Housing Act, 1955]
 
(ii) any furniture supplied by the State Government, the local
authority or the 1[Labour] Commissioner, for use in such house.
(iii) any fitting affixed to such house for more beneficial
enjoyment thereof ;
(d) “ 1[Labour] Commissioner” , “Deputy 1[Labour] Commi-
ssioner” 1[Housing], Assistant 1[Labour] Commissioner 1(Housing),
mean the officers 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;
2[(g) “rent” in relation to any house, means the consideration
payable periodically for the authorized occupation of the house and
includes —
(i) any charge for electricity, water 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. ]
(h) “State Government” means the Government of Uttar
Pradesh.
Application of
the Act
3.(1) This Act shall apply to houses constructed by the State
Government or any local authority 3[other than the Uttar Pradesh Avas
Evam Vikas Parishad] 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 Gazette in that behalf.
(2) The State Government may by a 4[declaration] published in
the official Gazette specify, from time, to time such houses with the
names of the town 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.
5[(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, as may be declared by the said Parishad by
notification in the official Gazette to be houses subject to this Act. ]
1.Subs. by s. 96(4) (i) of U.P. Act No. 1 of 1966.
2.Subs. by s. 22 of U. P. Act No. 30 of 1970.
3.Ins. by s. 96 (4) (iii) of U. P. Act No. I of 1966.
4.Seenot. no. 288 (A) (ii)/XXXVI (D)—261 (A)-68, dated April 26, 1969.
5.Addby s. 96 (4) (iii) of U. P. Act No. I of 1966.
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[The Uttar Pradesh Industrial Housing Act, 1955]  
[Labour]1
Commissioner
4.(1) The State Government shall by notification in the official
Gazette appoint a 1[Labour] Commissioner.
(2) The 1[Labour] Commissioner shall be a Corporation sole by
the name of the 1[Labour]  Commissioner, Uttar Pradesh, and shall have
perpetual succession and an official seal and may sue and be sued in
his corporate name.
Deputy
[Labour]1
Commissioner
[Housing]1
Assistant
[Labour]1
Commissioner
[Housing]1
5.(1) The State Government may appoint one or more Deputy
Labour Commissioners 1(Housing) and Assistant 1[Labour]  
Commissioner 1(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 1[Labour] Commissioner 1[Housing] and an
Assistant 1[Labour] Commissioner 1[Housing] shall, subject to general
control of the State Government and the orders of the 1[Labour]
Commissioner, be competent to discharge any of the duties and to
exercise any of the powers of the 1[Labour] Commissioner, and when
discharging such duties or exercising such powers shall have the same
privileges and be subject to the same liabilities as the 1[Labour]
Commissioner.
[Labour]1
Commissioner
and other
officers, and
servants to be
public
servants
under section
21 I.P.C.
6.The 1[Labour] 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 21 of the Indian Penal
Code.
Duties of the
[Labour]1
Commissio-
ner
7.Subject to the control of the State Government, the 1[Labour]
Commissioner shall be responsible for allotment of houses, realization
of their rent, 2[securing the] eviction of persons occupying such houses,
and all other matters relating to the administration of this Act.
Advisory
Committee
8.(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
1[Labour] 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 employer
of such industrial workers.
(3) The Chairman of the Advisory Committee shall be appointed
by the State Government.
9. 3[ * * * * ]
1.Subs. by s. 96 (4) (i) of U. P. Act No. 1 of 1966.
2.Subs. by s. 19 (2) (a) of U. P. Act No. 22 of 1972 for “eviction”.
3.Omit. by s. 19 (1) (c) of U. P. Act No. 22 of 1972.
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[The Uttar Pradesh Industrial Housing Act, 1955]  
Application
for allotment
10.An application for allotment of houses shall be made in such
form as may be prescribed.
Allotment of
houses
11.The allotment of houses shall be made by the 1[Labour]
Commissioner in such manner as may be prescribed.
Conditions of
occupation
12.(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
1[Labour] Commissioner.
(2) Notwithstanding anything contained in any law for the time
being in force, the 1[Labour] 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.
Jurisdiction
of Courts
barred
13.No order made by the State Government or 1[Labour]
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.
Execution of
agreement
14.Every occupier of a house shall execute an agreement in
such form as may be prescribed.
Rates of rent
and dates of
payment
15.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 1[Labour] Commissioner.
Mode of
payment of
rent and
other charges
16.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 1[Labour] 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.
Arrears of
rent and
other charges
17.Any rent or other charges not paid on the due date, or within
such extended period as may be given by the 1[Labour] Commissioner,
shall be treated as an arrear.
Power to
enter into
any house
18.The 1[Labour] Commissioner, the Deputy 1[Labour]
Commissioner 1(Housing), the Assistant 1[Labour] Commissioner
1[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.
1.Subs. by s. 96 (4) (i) of U. P. Act No. 1 of 1966.
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[The Uttar Pradesh Industrial Housing Act, 1955]  
19. 1[ * * * * * ]
Deduction of
rent from
salary or
wages
20.(1) Without prejudice to the provisions of any other Act, any
person may execute an agreement in favour of the 2[Labour] Commi-
ssioner, provided 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] 2 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 2[Labour] Commissioner, in writing,
deduction of the amount specified in the requisition from the salary or
wages of the employee and pay the amount so deducted to the 2[Labour]
Commissioner 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 to the [Labour] 2 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 sub-section, the amount
deducted or which he so pays with all costs of recovery shall be
recoverable as arrears of land revenue.
21. 3[ * * * * * ]
Right to
appeal
22.(1) Any person aggrieved by an order of the 2[Labour]
Commissioner under sub-section (2) of section 12 4[* * *] 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 filling 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] 2
Commissioner, and after making such further enquiries, if any, as 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 preferred under sub-section (1), the State
Government may stay the enforcement of the order appealed against for
such period and in such conditions as it thinks fit.
1.Omit. by s. 19 (1) (c) of U. P. Act No. 22 of 1972.
2.Subs. by s. 96 (4) (i) of U. P. Act No. 1 of 1966
3.Omit. by s. 19 (1) (c) of U. P. Act No. 22 of 1972.
4.Omit. by s. 19 (2) (b)ibid.
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[The Uttar Pradesh Industrial Housing Act, 1955]  
23. 1[ * * * * * ]
24. 1[ * * * * * ]
24-A. 1[ * * * * * ]
24-B. 1[ * * * * * ]
24-C. 1[ * * * * * ]
24-D. 1[ * * * * * ]
24-E. 1[ * * * * * ]
24-F. 1[ * * * * * ]
25. 1[ * * * * * ]
Protection of
action taken
under this
Act
26.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.
27. 1[ * * * * * ]
Power to
make rules
28.(1) The State Government may, subject to the conditions of
previous publication, make rule for carrying out the purpose of this Act.
(2) Without prejudice to the generality of the foregoing power,
such rules may provide for —
(i) the duties and functions of the 2[Labour] 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 appeal 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 3[ * * * * ] ;
(viii) the mode of payment of rent and other charges ;
(ix) 4[ * * * * ]
(x) the maintenance and upkeep of the house ;
(xi) the matters which are to be or may be prescribed.
5[ (3) All rules made under this act shall, as soon as may be 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 theGazettesubject to such modifications or
amendments as the two Houses of the Legislature may during the said
period agree to make, so however, that any such modification or
amendment shall be without prejudice to the validity of anything
previously done thereunder. ]
1.Omit. by s. 19 (1) (c) of U. P. Act No. 22 of 1972.
2.Subs. by s. 96 (4) (i) of U. P. Act No. 1 of 1966.
3.Omit. by s. 19 (2) (c) of U. P. Act No. 22 of 1972.
4.Omit. byibid.
5.Add. by s. 26 of U. P. Act No. 30 of 1970.
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