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State of Uttar Pradesh - Section
Section 21 in U.P. Industrial Housing Act, 1955
21. Eviction from the premises.
- 3[* * * * *]| Repealed by U. P. Act No. 22 of 1972, Section 19(c) (w.e.f. 28-4-1972). Before repeal Section 21 was stood as under :"21. Eviction from the premises.-(1) If the Labour Commissioner is of the opinion that-(a) the person authorised to occupy any house-(i) is in arrears of rent in respect of such house for a period of not less than three months, after making allowance for any extension granted by the Labour Commissioner under Section 16; or(ii) has sub-let 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 authorised to occupy such house; or(iv) has ceased to be an Industrial worker; or(b) any person is in unauthorized occupation of any house, the Labour Commissioner 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, call upon all persons concerned, that is to say, all persons who are, or may be in occupation of, or claim interest in the house, to show cause within fifteen days from the service of the notice, why an order of eviction therefrom should not be made.(2) If after considering the cause, if any shown by any person in pursuance of the notice and any evidence he may produce in support of the same and after giving him reasonable opportunity of being heard, the Labour Commissioner is satisfied that any of the circumstances mentioned in the notice existed on the date of the issue of the notice, he may make an order of eviction, for reasons to be recorded therein, directing that the house shall be vacated by all persons who may be in occupation thereof, or any part thereof and shall cause a copy of the order to be affixed on the outer door or some other conspicuous part of the house.(3) If any person refuses or fails to comply with an order of eviction within thirty days of the date of its affixation under sub-section (2) the Labour Commissioner or any other Officer duly authorised by him in that behalf may evict him from and take possession of the house, and may for that purpose use or cause to be used such force as may be necessary.(4) If a person who has been ordered to vacate any house under sub-clause (i) or (iii) of clause (a) of sub-section (1) pays, within the period referred to in sub-section (3), or such longer time as the Labour Commissioner may allow, to the Labour Commissioner the rent in arrears or, as the case may be, remedies to the satisfaction of the Labour Commissioner the breach of the terms contravened by him, the Labour Commissioner may, instead of evicting such person cancel his order under sub-section (1), and thereon such person shall continue to hold the house on the same terms on which he held it immediately before such order was made or on such modified terms and conditions as may be laid down by the Labour Commissioner." |