THE PUNJAB INDUSTRIAL HOUSING ACT, 1956

| _ e - o 1956 : Sections 1. s w Pb. Act XVI] INDUSTRIAL HousiNG 385 THE PUNJAB INDUSTRIAL HOUSING ACT, 1956 TABLE OF CONTENTS Short title, extent and commencement. Definitions. Application of Act, Duties of the Labour Commissioner. Duties of the Competent Authority, Labour Commissioner and competent authority to be publio servants., Persons deemed to be in unauthorised occupation. Application for and allotment houses. Conditions of occupation. Execution of agreement. Rates of rent and date of payment. Mode of payment of rent and other charges. Arrears of rent and other charges. Recovery of arrears of ren.t etc. Powers of entry on houses. 16. Delegation. 17. Jurisdiction of courts barred. Deduction of rent from salary or wages. Eviction from the premises. 20. Right of appeal. Powers to recover damages. 22, Realisation of money payable under the Act. Protection of action taken under this Act. 24. Power to make rules. G Scanned with OKEN Scanner 1956 rh. Act V1 ] INDUSTRIAL HOUSING 387 ‘ "THE l’UN.IAIl|NI|)9K£S'I'RIA|, HOUSING ACT, 56. PUNJAB ACT NO. 16 OF 1956. Reccived the assent of the President on 21st June, 1956, and was first published in the Punjab Government Gazetle (Extraordinary) of the 28th June, 1956]. o2 i _ _\\. Short title Whether repealed or otherwise | Year | No. f affected by legislation 1956 ing Act, 1956 mediately before the Ist November. 1956, were comprised .in the State of Patizla and East Punjab States Union by Punjab Act No. 18 of 19582 Amended by the Punjab Reorganisa- tion (Chandigarh ) Adaptation of Laws on State and Concurrent Sub- J jects) Qrder, 1968 - | | " XV1 ‘ The Punjab Industrial Hous- | Extended to the territories Which, im- | | | | i AN ACT to provide for allotment, recovery of rent, eviction and other anci'lary matters in respect of houses constructed under the subsidised Industrial ~Housing Scheme for Industrial Workers in the State of Punjab. ~Beitenacted by the Legislature of the State of Punjab in the Seventh Year of the Republic of India as follows:— 1. (/) This Act may be called the Punjab Indus- Shorttitle, extent trial HOUSing Act, 1956. and commencement, X 1For Statement of Qbjects and Reasons, se¢ Punjab Government Gazette , (Extraordinary) , 1956, page 444, . For Statement of Qbjects and Reasons, se¢ Punjab Government Guzetle (Extraordinary), 1958, pages 546 - K. 546 1., G‘ Scanned with OKEN Scanner 1956 : Ph, A 388 INDUSTRIAL HOUSING - (2) 1t shall extend to the whole of '[Unj,, ferri, tory of Chandigarh]. (3) 1t shall come into force in such areas ¢ May be specified by the *[Central GOVCFF"“"C?‘ | from time to time by notification in the officia azelte, Definitions. 2. 1In this Act, unless there is anything repugng in the subject or context — “allotment’” means the grant by or on behals & fl;r‘ the 2[Central Government] of a righy O'r use and occupation of any house (o 4, person and the expression allottee shai] be construed accordingly ; (b) “house” means a house referred to in syp. section (Z) of section 3 or any part there. of, and includes — (7) the garden, grounds and out-houses, if any, appertaining to such house ; and (@#) ahy fittings affixed to such house for more beneficial enjoyment thereof ; (c) “Competent authority” means any person authorised by the 2[Central 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 s (d) “Labour Commissioner” means the officer for the time being appointed as such by the %[Central Government] ; (e) “Industrial Worker” means a worker as de- fined in the Factories Act, 1948 ; *Substituted for the wopds 1110 of a isai S 01 the State of Punjab® by sation (Chandigarh) (Adapration of 1w on State and ancuncinx”bl‘flll:}gctl ;ar?err?w“- *Substituted for (he Words “State Governen » by ibid G Scanned with OKEN Scanner = 1956 Pb. Act XVI] Inopustrial fousing 489 N ”Pres“ihm‘: means prescribed by rules made under (his Act (g) “‘rent” means the amount payable by an allot- tee or any person for use and occupation of a house ; and l[(/,)*******s«**a-] 3. (I) This_Act shall apply to houses constructed AfPie" of by the g[Central Government] for the occupation of indus- trial workers undet the Industrial Housing Scheme subsidi- zed by the Central Government (hereinafter called the Subsidized Industrial Housing Scheme). (2) The *[Central Government] may by a declara- tion 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 cc;nc]uswe evidence that the houses were constructed by the *[Central Government] for occupation by industrial workers under the Subsidized Industrial Housing Scheme. PR 4. -Subject to the control of the *[Central Govern- ?_;g;,;,g'CO,';i ment] the Labour Commissioner shall be responsible missioner. for allotment of houses and for such other functions under this Act as may be prescribed. Duties of the 5. Subject to the controi of the ?[Centrai Govern- Qompeten ment], the competent authority shall be responsible for ~Authorit realisation of rent of the houses, eviction of persons occupying such houscs and such other matters relating to the administration of this Act as may be pres- cribed. 6. The Labour Commissioner, the competent 2utho- i rity and the other officers of the ¥[Central Governmeut] ‘tol potcnt_ wuthority whom powers may be delegate under section 16 shall srvaus. be deemed to be public scrvants within the meaning of section 21 of the Indian Pena) Code. 3 i Punjab Reorganis- *Cla shall be deemed to have been omitied by the b R sation (Clgl‘::‘lis:a(rig (:A‘(?npl::lir;n of 1.aws on State and Coneurrent Subjects) Order. 1968 i < “Slate Govel " by the Punjab Reorganisa- 1Substituted for the words “Statc Government” by the I 3 R i tion (Chi\ndi;:\r]:):Adnplalion of Laws on State and Concurrent Subiects ) Order, 1968 G Scanned with OKEN Scanner 390 INDUSTRIAL Housing 1956 . rh A ; o xy Persons deemed to 7. For the purposes ol this Act DCr: o) s|‘ Bein unmuthorised 0 B provided in this Act, be deemeq 'rmll Sy, occupari unauthorised occupation of any house— LU (@ where he hag chlered ingo POSsee: house otherwise (ha under ,S",’". o, suance of any allotmen Made ;)" Pup Labour C'omnnss‘i()ncr H Y the (M where bcinq an allottee he hag by a cancellation of gy allotmeng e‘:“" of section (2) of section 9 ceased (o be "ub- litled (o occupy the house ; en (¢) if he has ceased to be an industriq) W under the Act. Orker E.\‘p/analian—.A berson shall not be deemed ¢, av entered into possession of the house |, as allottes merely for {he reason that he hys paid some money as reni., Qfig“"‘"’f%fig:’j“ 8. (/) An application foy allotment of houses shall ment houses, b S ¢ made in such form as may be prescribed, (2) Allotment of houses shall be made by (pe Labour Commissioner in such manner ag may be prescyi. bed. Sonditions of 9. (1) The occupation by any person ofy house occupation, Execution agreement, shall at aj] times, be subject (o such_ conditions relating 1o its occupation as may be prescribed, or as may be intimated from time to time by the Labour Commis- (2) Notwithstanding anything contained in any other law for the fime being in (orce, the Labour Commis- sioner may, afler notice (o (he allottee or occupier "Ed considering hjs explanation, if any, for reasons to be recorded, cancel any allotment under which a ho‘u;e is held for occupied by any person. A copy of fi order cancelling (he allotment shall be served upon suc person, of 10. Every allottee of a house shall execule an agreement in such form ag may be prescribed. - (& scanned with OKEN Scanner 3 1956 : Pb. Act XVI] INpustriAL Housing 391 11. There shall be payable by every allottee for Rates of rent and the period that th: house remains allofted to him, rent GGl peymcas and other charges at such rates and onsuch dates as may be fixed by the competent authority. 12. All rents and other charges shall be collected Mode of payment in cash by the competent authority or other person to charges. o whom such powers arc delegated, and shall be payable monthly by the fifteenth day of the following month : Provided 1h.at the competent authority may, sub- ject to such directions as may be issued by the [Central Government], extend from time to time the period of payment of the rent and other charges. 13. Any rent or other charges not paid on due Amears of reat date, or within such extended period as may be given by " °'berharees the competent authority shall be treated as an arrear of rent or other charges. 14. If arrears of rent or other charges are no! Recovery =~ of paid to the competent authority or to such other officer e °f =t to whom powers are delegated on the due date or within the extended period, such arrears with all costs of re- covery shall be recoverable as arrears of land revenue, and the person liable to pay the same shall be deemed to be in unauthorised occupation of the house concerned. 15. The Labour Commissioner or the competent Powersof enuy authority may with such assistants, if any, as he thinks on hoyaes. 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. The Labour Commissioner or the competent Delegation. authority may with the previous approval of the *[Cen- tral Government], delegate all or any of his powers ‘under this Act to any officer of the }[Central Government] subject to such conditions, if any, as may be specified by him. 17. No order made by the ![Central Government], st of the Labour Commissioner or the competent authority or . 1Substituted for the words “*Stale Government” by the Punjab Reorganisa- ‘llggx(Chandigarh) (Adaptation of Laws on State¢ and Concurrent Subjects) Order, G Scanned with OKEN Scanner 392 INDUSTRIAL Housing [1956 . any other officer in the exercise of a fer¥ed by or under this Act shall pe ca]ledniynpow | Cop. any court, and no Injunction shal] pe gram%g“""n in court or any qulhoruy n respect of any acgio, Y any or to be taken in pursuance of any power COnf:;?ed‘aken b or under this Act. Deduction of rent 18. () Without prejudice 1o the iai wams. ™" % 40y other Act, any person may excoute an é’g',"e‘g“gflg of i favour of the competent authority, Providing g‘lan rity in satisfaction of the rent and other charg him in respect of the Premises allotted. Upon the execution of such agreement th, shall, notwithstanding anything contained in et%?plozef ment of Wages Act, 1936, make, if so required by t}?’e (2) If the employer fails to Pay to the competent authority the amount deducted under sub-section (1) within 30 days from the date 0" service of a notice in . that behalf, or pays any amount to the employee in contravention of the requisition under ‘the sai sub- section, the amount deducted or which he so pays with all costs of recovery shall be recoverable as arrears of land revenue. Fviction from the 19. (1) If the compelent authority is satisfied that— (@) the allottee of any house — (?) is in arrears of rent or other charges, or (i) has sublet the whole or any part of such house, or (i) has otherwise acted in conlravegtioil_ g‘ any of the terms, express or implied, el G Scanned with OKEN Scanner 1956: Pb. Act XVI] INDUSTRIAL HOUSING 393 under which he is authorised to occupy such premises, or (h) any person »is in unauthorised 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 (i) 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 weil as any other person who may be in occupation of the whole or any part of the house, to vacate it within one month 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 (I), the competent authority may order eviction of that person from, and take possession of, the house; and may for that purpose authorise the use of such force as may be necessary. A copy of the order shall also be served upon the person in the manner prescribed. (3) If a person, who has been ordered to vacate any house under sub-clause (i) or (iii) of clause(a) of sub- section (I) 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 other charges in arrears or carries out or otherwise complies with the terms contravened by him, to the satisfaction of the competent authority, he may, instead of evicting such person cancel his order under sub- section (/) 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 which may be laid down by the competent authority. G Scanned with OKEN Scanner 304 INDUSTRIAL Housing [1956 . Ph, oty ) L. ) Any person aggrieve( by an ordey Right of appaal. compe')::l' authority under snl»sccimn. 2) of 30(;:! th or sub-section (2) of section 9 may, within | lon g the service of the order under (he sajq i dy Sccll()ns‘ pr:}'s of appeal to the [Centra) Govel'nmcnl]: T Provided that the ‘[CCllll'fll U\)\'cl.‘nlnem] ma o the appeal after the CXPIry of (he sgid period of 15 Hain if it is” satisfied haf the appeliang Was P"CVcntedilgs sufficient cause from filing (he appeal in fime y (2 On receipf ol an appeal under sy p.g, Centra] Government] may, afler calling for g Tepor| from the competent authority o the Laboy, Mis sioner, and after making such urther €nquirjes, ; ) as may be necessary, Dass such orders gy 5 1t thinks £y and the order of the [Centra] Government 1 shall be final, (3) Where an appeal is the I Centraj Governmen of the order apyealed against for sygh n i i fit or untij the decision of the appeal whichever i earlier, 2OWers 10 recover 21. (1) Where any person js in unauthoriseq R OCcupation of any house, the competent authority may, in the rescribed manner, assess such damages not €xceeding four times the rent and other charges on .0 at person to pay the dam- 3ges within such ime as may be specified in the notice, .. (2) If any person refuses or failg ¢ Within the time Specified in be recovered ag arrears of 0 pay the damages the notice, the damages may lan revenue, Central Govern- ]reasury or In the State Bar 0. ndla, a8 ma be rescribed. y p 3 i isa- !Substituted for the words, “State Governmeny b%’n Punjab Reorgan tion (Chandigarh) (Adaptation of aws on State and Coneyj [{1: Subjects ) Order. 1968. — . 9 (& scanned with OKEN Scanner 1956 : Pb. Act XVI ] INDUSTRIAL HousiNG 395 23. No suit, prosecution o other legal proceed- Pm('mifm of 2 "t ' T4 P H Y ct 1: ing shall lie_ against any I?C';O" rl(‘t dlny'hmg which is in fogon,, . taken good faith done or purported to be done under this Act, 24. (1) The '[Central Gov.crm'ncnt] may, subject (o Powerto mke the condition of previous publication, make rules? for e carrying out the purpose of this Act, (2) Without prejudice to (he pencrality of the foregoing powers, such rules may provi e for— (i) the duties and functions of the Labour Com- missioner and the competent authority ; (i) the form of application and manner of allot- ment of accommodation and conditions relating fo its occupation ; (#ii) the form and manner in which an appeal under section 20 shall be preferred ; (iv) the fees, if any, to be paid in appeals under section 20 ; (v) the form of agreement referred 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 of payment of rent and other charges ; (viii) assessment of damage referreed to in section 21 ; : (éx) the maintenance and upkeep of the houses; and (x) the matters which are to be or may be pres- cribed. . *Substituted for the words “State Government * by the Punjab Reorganisa- tion (Chandigarh) (Adaptation of laws on State and Concurrent Subjects) Order, 1968. ? For rules, see Punjib Goverimeart Not'ficition No, 6285.S-Lab-57/ 55267, da‘ed 19th/24th June, 1957, G Scanned with OKEN Scanner