Uttar Pradesh act 023 of 2016 : The ALLOTMENT OF HOUSES UNDER CONTROL OF THE ESTATE DEPARTMENT ACT, 2016

Section 1.Short title

This Act may be called the Allotment of Houses under the Control of the Estate Department Act, 2016.

Section 2.Definitions

In this Act, unless the context otherwise requires-

(a)"Allotment" means to authorise a person to occupy a house under the provisions of this Act;

(b)"Estate Officer" means the Officer-in-charge of Estates to the Government of Uttar Pradesh;

(c)"Lucknow" means the area within the jurisdiction of Nagar Nigam Lucknow;

(d)"Residence" means a house and its premises under control of the Estate Department;

(e)"Officer" means an officer or employee of the State Government and includes a member of All-India Service working under the State Government or a member of judicial service working at Lucknow;

(f)"Type" means a type of house as mentioned in section-3;

(g)"Rent" means the amount payable by a person on account of occupation of a residence allotted to him;

(h)"Trust" means a trust established for social work in the name of renowned person or a trust working for a furtherance of ideals, principles and their social works which is registered under the Indian Trust Act, 1882;

(i)"Society" means a Society registered under the Societies Registration Act, 1860 and are working in the field of social welfare and public interest;

(j)"Political Party" means a party recognized by the Election Commission of India ;

[(k) ** ** ** ** ** ** ** **]¹

(l)"Employees Association" means an Employees Association which is recognized by the State Government and the head quarter of which is at Lucknow;

(m)"Journalist" means an editor, a sub-editor or a journalist who has been recognized by Information and Public Relations Department from State headquarter level which is serving at whole time worker and the office of the newspaper of which is at Lucknow;

(n)"Unauthorised Occupation" means the unauthorised occupation as defined in the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972 and the Uttar Pradesh Public Premises (Eviction of Certain Unauthorised Occupants) Act, 2010;

[(o)"Senior Journalist" means a journalist who has been related in any manner to any national daily News paper/news, T.V. channel for at least fifteen years and has worked as correspondent or has done the written or editing work at senior level;]²

[(p)"Market Rate" means the rate fixed by the State Government by notification from time to time;

(q)"Statutory Commission" means a Commission constituted by the State Government under any Act.]³

1. Omitted by sec. 3 (a) of U. P. ACT no. 2 of 2020 (w.e.f. 06.03.2020)
2. Inserted by sec. 2 of U. P. ACT no. 36 of 2016 (w.e.f. 27.12.2016)
3. Inserted by sec. 3(b) of U. P. ACT no. 2 of 2020 (w.e.f. 06.03.2020)

Section 3.Type of houses

The type of Houses under control of the Estate Department are as follows:-

(1)Type-i

(2)Type-ii

(3)Type-iii

(4)Type-iv

(5)Type-v

(6)Type-vi

(7)Type-vii

[Provided that the type of houses and their specifications shall be such, as the State Government may by notification specify.]¹

1. Inserted by sec. 4 of U. P. ACT no. 2 of 2020 (w.e.f. 06.03.2020)

Section 4.Eligibility for allotment

[4. The eligibility for allotment of houses under control of the state department shall be as follows:-

TABLE

Sl. No. Eligibility for Allotment Type of Houses

01 Group D employees working under the State Government.I

02Group C and B Non Gazetted officials working under the State Government.II

03(1) Group C Gazetted officers working under the State Government ;(2) Gazetted officers of Group B working under the State Government on the post of Review Officer of Uttar Pradesh Civil Secretariat or equivalent thereto.III

04(1) Officers of Group B working under the State Government on the post of Section Officer of Uttar Pradesh civil Secretariat or equivalent thereto; (2) Officers of Group A working under the State Government on the post of Under Secretary or Deputy Secretary or Joint Secretary of Uttar Pradesh Civil Secretariat or equivalent thereto;(3)Subordinate officers of the Judicial Services;(4)Journlists, Societies and recognized employees associations. IV

(5)Non-Government Chairman or Vice-Chairman or members or advisers as may be nominated/appointed in various Departments, Corporations, undertakings, Councils, Commissions, Institutions of the State Government subject to availability.IV Vidhayak Niwas-3, O.C.R.

05 (1) Officers of Group A working under the State Government on the post of Special Secretary or Secretary of Uttar Pradesh Civil Secretariat or equivalent thereto; (2) Additional District Judges of higher Judicial Service and the officers of Judicial Service working in the equivalent pay scale;3) Trusts;4) Chairman and members of various statutory Commission and tribunal under the State Government; (5) Senior Journalists.V

06 (1) Judge of the High Court; 2) Officers of the State Government not below the rank of Principal Secretary; (3) District Judge and the Judicial officers of the equivalent pay-scale; (4) Political Parties; (5)Chairman and Member of Constitutional Commission.]¹VI and VII

Note- For Table please see page no. 5 and 6 of the PDF of Act, 2016.

1. Substituted by sec. 5 of U. P. ACT no. 2 of 2020 (w.e.f. 06.03.2020)

Section 5.Power to Allotment

Type-1 to 4 Houses will be allotted by the Estate Officer and type-5 to 7 houses will be allotted by the Estate Officer with the prior approval of Principle Secretary/Secretary of the Estate Department .

[Provided that the allotment of houses to the Non Government Chairman or Vice-Chairman or members or advisers, as may be, nominated/ appointed in various Departments, Corporations, undertakings, Councils, Commissions, Institutions of the State government shall be made by the Estate Officer with the prior approval of the Minister of Estate Department.]¹

1. Inserted by sec. 6 of U. P. ACT no. 2 of 2020 (w.e.f. 06.03.2020)

Section 6.Period of allotment

(1)The allotment of Houses to Officers of All India Service, officers of Judicial Service and officers/employees of the State Government shall be allotted for the period of their posting at Lucknow. In the case of transfer/retirement the allottees shall vacate the residence occupied by them within 30 days from the date of their transfer/retirement.

(2) Allotment to other applicants except trust shall be made for a period of two years and the renewal thereof shall be considered by the State Government for allotment for a period of one year at a time.

[(3)The allotment of houses to a trust will be made for a maximum period of five years and the renewal for a further maximum period of five years may be made by the Estate Department on an application made by the trust.

(4)The allotment of houses to a Chairman or member of Statutory Commissions or Tribunals and Non-Government Chairman or Vice-Chairman or member or advisers, as may be, nominated/appointed in various Departments, Corporations, undertakings, Councils, Commissions, Institutions of the State Government, shall be made for the period till the tenure of their posting on the above posts.]¹

1. Substituted by sec. 7 of U. P. ACT no. 2 of 2020 (w.e.f. 06.03.2020)

Section 7.Rent assessment

[7- The rent of the houses alloted under the provisions of this Act shall be charged at market rate in the case of trust and society, and in case of other allottees the shall be charged at such rate as may be prescribed.]¹

1. Substituted by sec. 5 of U. P. ACT no. 36 of 2016 (w.e.f. 27.12.2016)

Section 8.Eviction of Houses

[ 8- The unauthorized occupation by an allottee of this Act shall be evicted under the provisions of the Uttar Pradesh Public Premises (Eviction of Unauthorized Occupants) Act, 1972 and the Uttar Pradesh Public Premises (Eviction of Certain Unauthorised Occupants) Act, 2010.]¹

1. Substituted by sec. 6 of U. P. ACT no. 36 of 2016 (w.e.f. 27.12.2016)

Section 9.Power to make rules

9. The State Government may, by notification, make rules for carrying out the purposes of this Act.

Rules

Year	Description	Hindi Description	Files(Eng)	Files(Hindi)
02-01-2017	THE ALLOTMENT OF HOUSES UNDER CONTROL OF THE ESTATE DEPARTMENT RULES, 2016

Section 10.Power to remove difficulties

(1). If any difficulty arises in giving effect to the provisions of this Act, the State Government may, for removing such difficulty, by order published in the Gazette, direct that the provision of this Act shall, during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification, addition or omission, as it may deem to be necessary and expedient,

(2). No order under the sub-section (1) shall be made after the expiration of a period of two years from the date of commencement of this Act.

(3). Every order made under sub-section (1) shall be laid before both Houses of the State Legislature as soon as may be after it is made.