(1) Where the District Magistrate is of opinion that any accommodation is needed or likely to be needed -for any public purpose, not being a purpose of the Union, and that the accommodation should be requisitioned, the District Magistrate--
(a) shall call upon the owner as well as the occupier of the accommodation by notice in writing (specifying therein the purpose of the requisition) to show cause within fifteen days of the date of the service of such notice on him, why the accommodation should not be requisitioned, and
(b) may, by order direct that neither the owner of the accommodation nor any other person shall, without permission of the District Magistrate, dispose of or structurally alter, the accommodation or let it out to a tenant until the expiry of such period not exceeding two months, as may be specified in the order.
(2) If, after considering the cause, if any, shown by the owner or occupier of the accommodation the District Magistrate o is satisfied that it is necessary or expedient to do, he may by order in writing, requisition the accommodation and may make such further orders as appear to him to be necessary or expedient in connection with the requisitioning:
Provided that no accommodation or part thereof---
(a) which is bona fide used by the owner thereof as the residence of himself or his family, or
(b) which is exclusively used either for religious worship by the public or as a school, hospital, public library or an or phage or for the purpose of accommodating persons connected with the management of such place of worship or such school, hospital, library or orphanage, shall be requisitioned :
1. Subs. by Section 3 (1) of U. P. Act 19 1963.
2. Inserted by section 3 (2) ibid.
10 [The Uttar Pradesh Accommodation Requisition Act, 1947] [Section 4-8]
Provided further that where the requisitioned accommodation or part thereof is being used as a residence by a tenant for not less than two months immediately preceding the date of the service of notice and sub-section (1) the District Magistrate shall provide such tenant with alternative accommodation which, in his opinion is suitable.
(3) The provisions of section 4 shall apply in relation to service of a notice under clause
(a) of sub-section (1) as they apply in relation to service of an, order under clause
(b) of that sub-section.]
1 Service of order 4. The order of requisition shall be served On the owner as well as the occupier, if any, of the accommodation by delivering to such owner or occupier a copy of the order, but where the owner or the occupier is not readily traceable and the order cannot be served without undue delay, or where the ownership is in dispute or cannot be easily ascertained the order shall be served by publication in the official Gazette, and by affixing a copy thereof on any conspicuous part of the accommodation.
Compensation by agreement
5. The District Magistrate shall pay to the owner of the accommodation requisitioned by him such compensation, either in a gross sum of money or by periodical payments, as may be agreed upon between him and the owner.
Reference to court Act V of 1908