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State of Uttar Pradesh - Section
Section 25 in U.P. Industrial Housing Act, 1955
25. Cognizance of offences.
- [* * * * *]| Sections 23,24, 24-A, 24-B, 24-C, 24-D, 24-E, 24-F and 25 has been repealed by U. P. Act No. 22 of 1972, Section 19 (c) (w.e.f. 28-4-1972). Before repeal Sections 23, 24, 24-A, 24-B, 24-C, 24-D, 24-E, 24-F and 25 were stood as under:"23. Powers to recover damages.-(1) Where any person is in unauthorized occupation of any house, the Labour Commissioner may, in the prescribed manner, assess such damage on account of the use or occupation of the house as he may deem just and proper and may by notice served by post or otherwise, order that person to pay the damages within such time as may be specified in the notice.(2) If any person refuses or fails to pay the damages within the time specified in the notice, the damages may be recovered as arrears of land revenue.(3) Nothing in sub-section (1) or (2) shall be construed to debar the person ordered to pay damages from contesting his liabilities by a suit in the Court having jurisdiction :Provided that before any such suit is instituted, he shall deposit with the Labour Commissioner the amount specified in the notice under sub-section (1), if the amount has not already been realized under sub-section (2), and it shall be kept subject to the orders of the Court.24. Realization of money payable under the Act.-(1) All moneys payable under tins Act may be realized as arrears of land revenue.(2) All moneys realized under this Act shall be deposited to the credit of the State Government either in the State Treasury or in the Imperial Bank, as may be prescribed.24-A. Bar of suit etc. for certain reliefs.-No suit or other proceeding for any of the following reliefs, namely-(a) recovery of arrears of rent for occupation of any house;(b) eviction from any house;(c) assessment or recovery of damages for use or occupation of any house, where he like relief is available under this Act,shall lie in any Civil Court.24-B. Liability of heirs and legal representatives.-(1) Where any person against whom any proceeding for the recovery of arrears of rent or for the assessment or recovery of damages or for his eviction is to be or has been taken, dies before the commencement or during the pendency of the proceeding, the proceeding may be taken or continued against the heirs or legal representatives of that person.(2) Any amount due from any person on account of arrears of rent or damages or costs shall, after the death of the person, be payable by his heirs or the legal representatives, but their liability shall be limited to the extent of the assets of the deceased in their hands.24-C. Power in respect of inquiries under the Act.-The Labour Commissioner shall for the purpose of holding any inquiry under this Act have the same powers as are vested in a CivilCourt under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters, namely:(a) summoning and enforcing the attendance of any person and examining him on oath;(b) requiring the discovery and production of documents;(c) any other matter which may be prescribed.24-D. Power to obtain information.-(1) If the Labour Commissioner has reason to believe that any person are in unauthorised occupation of any house he may require those person or any other person to furnish information relating to the names and other particulars of the person in occupation of the house, and every person so required shall be bound to furnish the information in his possession.(2) If any person wilfully fails to furnish any information required by any order made under sub-section (1), he shall be punishable with fine which may extend to five hundred rupees.24-E. Finality of orders.-Save as otherwise expressly provided in this Act, every order made by the Labour Commissioner or the State Government under this Act shall be final and shall not be called in question in any Court, and no injunction shall be granted by any Court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.24-F. Disposal of property left on house by unauthorised occupants.-(1) Where any person has been evicted from any house under Section 21, the Labour Commissioner may, after service or publication of a notice in that behalf on such persons and in such manner as may be prescribed remove or cause to be removed or dispose of in such manner as may be prescribed, any property remaining on such house.(2) Where any such property is disposed of by sale, the sale proceeds shall, after deducting the expenses of the sale and the amount of arrears of rent or damages, be paid to such person or persons as may appear to the Labour Commissioner to be entitled to the same or where the Labour Commissioner is unable to decide as to the person or persons to whom the balance of the amount is payable or as to the apportionment of the same, be kept in deposit pending decision of a competent Court.25. Cognizance of offences.-Unless otherwise expressly provided, no Court shall take cognizance of any offence punishable under this Act except on the complaint, or information, received from the Labour Commissioner or such official as may be authorized by him in this behalf."Repealed by U. P. Act No. 22 of 1972, Section 19(c) (w.e.f. 28-4-1972). Before repeal Section 27 was stood as under : |