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Section 11

The Uttar Pradesh2 Accommodation Requisition Act, 1947State Act of Uttarakhand · Act 25 of 1947

(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 other made of recovery, be deducted from the compensation payable to the owner.

Power of entry and inspection

12. The District Magistrate or any person authorized 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.

Effect of provisions inconsistent with other enactments

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.

Protection of action taken under the Act

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.

Cognizance of offences under the Act 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.

Offences by companies 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 or the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against arid 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.

Renumbered as sub-section (1) and added by section 6 of U. P. Act 19 of 1963 13 [The Uttar Pradesh Accommodation Requisition Act, 1947] [Section 16-18]

(2) Notwithstanding 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 or that the commission of the offence is attributable or 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 any body corporate, and includes a firm or other association of individuals, and

(b) "Director", in relation to a firm means a partner in the firm.]

1 Orders not to be questioned in any court

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.

Rule making power Laying of rules, etc.

before Legislature

17. [(1 [(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 [(2) All rules made under this Act shall as soon as may be after they are made be laid before each House 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, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.]

2 Continuance of order

18. Any order made under the United Provinces accommodation Requisition Ordinance, 1947 and in force immediately before the commencement 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 (1) and added by section 6 ibid.

3. Subs. by A. O. 1950 for (Provincial Government).

Where this provision sits

ActThe Uttar Pradesh2 Accommodation Requisition Act, 1947
Section11
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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