The UTTAR PRADESH ACCOMMODATION REQUISTION ACT, 1947

Uttar Pradesh · state statute

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1
THE [ UTTAR PRADESH]2 ACCOMMODATION REQUISTION
ACT, 19471
(U.P. Act No. XXV of 1947)
—————
Amended by
U.P. Act. No. XIII of 1950
U.P. Act. No. XXII of 1952
U.P. Act. No. XV of 1954
U.P. Act. No. XXIX of 1958
U.P. Act. No. XIX of 1963
U.P. Act. No. XII of 1969
U.P. Act. No. XXXVIII of 1972
Adapted and modified by the Adaptation of Laws Order, 1950.
[Passed by the United Provinces Legislative Counc il on September
20, 1947, and by the United Provinces Legislative Assembly on November
15, 1947.
Received the assent of the Governor General on December 15,
1947, under section 76 of t he Government of India Act, 1935, as
adapted by the India (Provisional constitution) Order, 1947, and was
published in the United Provinces Government Gazette Extra ordinary,
dated December 15, 1947.]
AN
ACT
to provide for powers to requisition accommodati on] 2
[ * * * ] 3
It is hereby enacted as follows:
[ Short title extent
and
commencement ] 5
1. [(1) T his Act may be called the Uttar Pradesh
Accommodation Requisition Act, 1947.]4
(2) It extends to the whole of [ Uttar Pradesh]6
(3) [ * * * ] 7
(4) It shall come into force at once.
(5) [ * * * ] 7
1. For S.O.R. see Gazette Extra. Dated September 9, 1947 P.3—5
2. Subs. by section 2 (1) of U.P. Act No. 38 of 1972.
3. Omitted by section 2 (2) ibid.
4. Subs. by section 3 (i) ibid.
5. Subs. by section 3 (iii) ibid.
6. Subs. by the A.O. 1950 for (United Provinces)
7. Omitted by Section 3 (ii) of U.P. Act 38, 1972.

[The Uttar Pradesh Accommodation Requisition Act, 1947]
2
Definitions 2. In this Act. Un less there is anything repugnant in the
subject or context—
(a) “Accommodation” means any building or part of a
building and includes—
(i) the garden grounds and outhouses, If any, appertaining
to such building or part of a building; and
(ii) any furniture supplied by the owner for use in such
building or part of a building:
[(b) “Court” means the Court of Munsif, or where there is
no Munsif, the Court of Civil Judge, in whose territorial
jurisdiction the accommodation lies;]1
[(bb) “District Judge” means the District Judge in whose
territorial jurisdiction the accommodation lies;]2
(c) “District Magistrate” includes an Additional District
Magistrate;
(d) “Occupier” means a person in actual occupation of the
accommodation ;
(e) “Owner” Includes a mort gagee in possession, trustee
receiver or guardian.
Power of
requisition
3[3. (1) Where the District Magistrate is of opinion that any
accommodation is ne eded or likely to be needed for any public
purpose, not being a purpose of the Union, and that the
accommodation should be requisitioned, the District Magistrate—
(a) shall call upon the owner as well as the occupier of the
accommodation by notice in writing ( specifying therein the
purpose of the requisition) to show cause, within fifteen days of
the date of the service of such notice on him, why the
accommodation should not be requisitioned, and
(b) may, by order direct that neither the owner of the
accommodation nor any other person shall, without permission
of the District Magistrate, dispose of, or structurally alter, the
accommodation or let it out to a tenant until the expiry of such
period not exceeding two months, as may be specified in the
order.
(2) If, af ter considering the cause, if any, shown by the
owner or occupier of the accommodation the District
Magistrate is satisfied that it is necessary or expedient so to
do, he may, by order in writing, requisition the
accommodation and may make such further ord ers as appear
to him to be necessary or expedient in connection with the re
quisitioning :
Provided that no accommodation or part thereof—
(a) Which is bonafide used by the owner thereof as the
residence of himself or his family, or
———————————————————————————————————————————
1. Subs. by section 3 (i) of U. P. Act 19, 1963.
2. Inserted by Section 3 (2) ibid.
3. Subs. by Section 4 of U. P. Act 38, 1972.

[The Uttar Pradesh Accommodation Requisition Act, 1947]
3
Service of
order
Compensation
by agreement
Reference to
Court
Act V of 1908.
Appeals
against orders
of the Court
Act IX of 1908
(b) Which is exclusively used either for religious worship by
the public or as a school, hospital, public library or an orph anage or
for the purpose of accommodating persons connected with the
management of such place of worship or such school , hospital, library
or orphanage, shall be requisitioned :
Provided further that where the requisitioned accommodation
or part thereof i s being used as a residence by a tenant for not less
than two months immediately preceding the date of the service of
notice under sub-section (1), the District Magistrate shall provide such
tenant with alternative accommodation which, in his opinion is
suitable.
(3) The provisions of section 4 shall apply in relation to service
of a notice under clause (a) of sub -section (1) as the apply in relation
to service of an order under clause (b) of that sub-section.]1
4. The order of requisition shall be serv ed on the owner as well
as the o ccupier, if any, of the accommodation by delivering to the
such owner or occupier, a copy of the order , but where the owner or
the occupier, is not readily traceable and the order cannot be served
without undue delay, or whe re the ownership is in dispute or cannot
be easily ascertained the order shall be served by publication in the
official Gazette, and by affixing a copy thereof on any conspicuous
parts of the accommodation.
5. The District Magistrate shall pay to the owner of the
accommodation requisitioned by him such compensation, either in a
gross sum of money, or by periodical payments, as may be agreed
upon between him and the owner.
6. (1) Where no agreement as specified in section 5 is reached
such compensation shal l be paid as may be determined by the Court
on a reference made to it by the District Magistrate.
(2) The Court in deciding the reference, shall have regard the
provisions of sub -section (1) of section 23 of the Land Acquistioned
Act, 1894, in so far as t he same may be applicable and also to the
reasonable expenses, if any, incurred in vacating the accommodation
and shall as far as possible follow the procedure applicable to suits
under the Code of Civil Procedure, 1908. The decision of the Court
shall have the force of a decree.
[(7) (1) An appeal from a decision of the court under this Act
shall lie to the District Judge within thirty days.
(2) The provision of sections 4, 5 and 12 of the Indian
Limitation Act, 1908 shall be applicable to appeals under this Act.]2
1. Subs. by s. 4 of U. P. Act 38, 1972
2. Subs. by s. 4 of U. P. Act 19 of 1963.

[ The U. P. Accommodation Requistion Act, 1947 ]
4
Release from
requisition
8. (1) Where any accommodation requistioned under t his Act is
to be released from requ isition, the Dist rict Magistrate shal l release it
in favour of the person from whom it was re quisitioned [and delivered
possession thereof to him].1 If the acco mmodtion was subject to
mortgage with possession on the date of requisition and the mortgage
has since been redeemed or otherwise paid off, or if the accommodation
was held by a receiver, trustee or guard ian and the receiver, trustee or
guardian as the case may be has been discharged or the person from
whom it was requisitioned is dead, the District Magistrate may, after
making such enq uiry, if any, as he may consider necessary, specify by
order in writing the person to whom possession thereof shall be
delivered.
[(1-A) For purposes of delivery of possession of the
accommodation under sub-section (1) the District Magistrate shall in
the manner prescribed by rules evict or cause to be evicted all persons
who might be in occupation of the accommodation at the time of its
release from requisition, and in doing so he may use such force as may
be necessary]2
(2) The delivery of possession of, and payment of compensation
for, such accommodation to a person specified in the order under sub-
section (1) shall be full discharge of the [State Government] 3 or the
District Magistrate from all liability in respect of the accommodatin, but
shall not prejudice any rights in respect of the accommodation which
any other person may be entitled to enforce against the person to
whom possession is delivered or compensation is paid.
(3) Where the person to whom possession of accommodation is
to be delivered under sub-section (1) cannot be found and has no agent
or other person empowered to accept delivery of possession on
hisbehalf, the District Magistrated may cause a notice, declaring that
the accommodation is released from requisition, to be published in the
official Gazette.
(4) When the notice referred to in sub -section (3) has been
published, the accommodation specified in the notice shall cease to be
subject to requisition on and from the date of the publication of the
notice in the Gazette, and shall be deemed to have been delivered to the
person entitled to possession thereof, and the [State Government] 3 or
the District Magistrate shall not be liable for any compensation or other
claim in respect of the accommodation for any period after such date.
[(5) Nothing in this section shall prevent the District Magistrate
from releasing from requisition only a part of the accommodation :
Provided that where the District Magistrate releases from
requisition only a part of the accommodation with the concurrence of
the owner, the release shall be on be on such terms as to compensation
or other wise as may be agreed upon between him and the owner:
1. Ins. by section 5 (i) of U. P. Act 19 of 1963.
2. Added by section 5 (ii) of U. P. Act 19 of 1963.
3. Subs. by A. O., 1950 for (Provincial Government).

[ The U. P. Accommodation Requistion Act, 1947 ]
5
Penality
Power to order
repairs
Execution of order
in case of non-
compliance
Power of entry and
inspection
Effect of
provisions
inconsistent with
other enactments
Protection of
action taken under
the Act
Provided further that where the release from requisition of
only a part of the accommodation is without the concurrence of the
owner or where no agreement as specified in the first proviso as to
the terms of the release is reached, su ch reduction, if any, shall be
made in the compensation payable to the owner as may be
determined by the court on a reference made to it by the District
Magistrate, and the provisions of sub -section (2) of section 6 shall
mutatis mutandis apply to such reference]1
9. Any person who contravenes any provision of this Act or
of any order made thereunder, or who obstructs the taking of
possession under this Act, shall be punished with imprisonment for
a term which may extend to one month, or with fine which may
extend to two hundred rupees, or with both.
10. [(1)]2 Where the District Magistrate requisition any
accommodation under this Act, he may at any time by notice in
writing order the owner to execute such repairs, and within such
time as may be specified in the notice.
[(2) The owner shall not ordinarily be required to execute
repairs at a cost exceeding one month's letting value of the
accommodation in a year. If in the opinion of the District Magistrate
the accommodation needs any special repairs and the a ggregate
cost of all repairs is in any year likely to exceed one month's letting
value of the accommodation and the owner does not agree to carry
out such repairs, the District Magistrate may refer the matter to the
Court which shall make such order and on such terms, including
those relating to payment of compensation , as it may consider
necessary.]3
11. (1) If any person fails to comply with any order made
under section 3 the Court shall, on the application of the District
Magistrate, execute the order as if it were a decree passed by that
Court.
(2) If the owner fails to execute any repairs in pursuance of
an order made under section 10, the District Magistrate may cause
such repairs to be executed, and the cost thereof may, without
prejudice to any othe r mode of recovery, be deducted from the
compensation payable to the owner.
12. The District Magistrate or any person authorised by him
in this behalf may, after giving reasonable notice, enter any
premises and
inspect such premises or any property thereon for the
purpose of determining whether an order under section 3 may be
made.
13. The provisions of this Act shall have effect
notwithstanding anything to the contrary contained in any
enactment for the time being in force or any instrument having the
force of law.
14. No suit, prosecution or other legal proceeding shall lie
against any person for anything which is in good faith done or
intended to be done in pursuance of any order made under this Act.
1. Added by Section 5 (iii) of U. P. Act 19, 1963.
2. Renumbered as sub-sec. (1) by Sec. 6 of U.P. Act 19 of 1963...
3. Added by section 6 ibid.

[ The U. P. Accommodation Requistion Act, 1947 ]
6
Cognizance of
offences under
the Act
Offences by
companies
Order not to be
questioned in
any court
Rule making
power
Laying of rules,
etc. before
legislature
Continuance of
order
15. No. court shall take cognizance of any offence punishable
under this Act except on a report in writing of the fact constituting
such offence made by the District Magistrate.
[15-A. (1) If the person committing an offence under this Act
is a company, the company as well as every person in charge of and
responsible to the company for the conduct of its business at the
time of the commission of the offence shall be deemed to be guilty of
the offence and shall be liable to be proceeded against and punished
accordingly :
Provided that nothing contained in this sub section shall
render any such person liable to any punishment if he proves that
the offence was committed without his knowledge or that he
exercised all due diligence to prevent the commission of such offence.
(2) Notwith standing anything contained in sub -section (1)
where any offence under this Act has been committed by a company
and it is proved that the offence has been committed with the
consent or connivance of o r that the commission of the offence is
attributable to any neglect on the part of, any director, manager,
secretary, or other officer of the company, such director, manager,
secretary, or other officer shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished
accordingly.
Explanation— For the purposes of this section—
(a) “company” means by body corporate, and
include a firm or other association of individuals, and
(b) “director”, in relation to a firm, means a
partner in the firm]1
16. Except as provided in this Act no order made in exercise
of any power conferred by or under this Act shall be called in
question in any court.
17. (1)2 The [State Government] 3 may, by notification in the
official Gazette, make rules to give effect to the purposes of this Act.
[(2) All rules made under this Act shall as soon as may be
after they are made, be laid before each H ouse of the State
Legislature, while it is in session for a total period of not less than
thirty days, extending in its one session or more than one 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 annulments as the two Houses of the Legislature
may, during the said period, agree to make, so, howe ver, that any
such modification or annulment shall be without prejudice to the
validity of anything previously done thereunder]4
18. Any order made under the United Provinces Acco -
mmodation Requisition Ordinan ce, 1947 , and in force immediately
before the co mmencement of this Act, shall continue to be in force
and be deemed to be an order made under this Act.
1. Inserted by section 5 of U. P. Act 38 of 1972.
2. Renumbered as sub-section (i) by S. 6 of U. P. Act 38 of 1972
3. Subs. by A. O. 1950 for (Provincial Government)
4. Inserted by Section 6 of U. P. Act No. 38 of 1972

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