(1) Where any accommodation requisitioned under this Act is to be released from requisition, the District Magistrate shall release it in favour of the person from whom, it was requisitioned [and deliver possession thereof to him] 3 If the accommodation was subject to mortgage with possession on the date of requisition and the mortgage has since been redeemed or otherwise paid off, or if the accommodation was held by a receiver, trustee or, guardian and the receiver, trustee or, guardian as the, case may, be has been discharged or the person from whom it was requisitioned is dead, the District Magistrate may, after making such enquiry, if any as he may consider necessary, specify by order in writing the person to whom possession thereof shall be delivered,
1. Subs. by Section 4 of U. P. Act 38, 1972
2.Subs. by Section 3 of U. P. Act 19, 1963
3.Inserted by Section 5 (i) ibid.
11 [The Uttar Pradesh Accommodation Requisition Act, 1947] [Section 9] [(1-A) For purposes of delivery of possession of the accommodation under subsection, (1) the District Magistrate shall in the manner prescribed by rules evict or cause to be evicted all persons who might be, in occupation of the accommodation at the time of its release from requisition, and in doing so, he may use such, force as may be necessary.]
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(2) The delivery of possession of, and payment of compensation, for such accommodation to a person specified in, the order under sub-section (1) shall be full discharge of the [State Government] 2 or the District Magistrate from all liability in respect of the accommodation, but shall not prejudice any rights in respect of the accommodation which any other person may be entitled to enforce against the person to whom possession is delivered or compensation is paid.
(3) Where the person to whom possession of accommodation is to be delivered under sub-section (1) cannot be found Land has no agent or other person empowered to accept delivery of possession, on his behalf, the District Magistrate may cause a notice, declaring that the accommodation is released from requisition, to be published in the official Gazette.
(4) When the notice referred to in sub-section (3) has been published, the accommodation specified in the notice shall cease to be subject to requisition on and from the date of the publication of the notice in the Gazette, and shall be deemed to have been delivered to the person entitled to possession thereof, and the [State Government] 2 or the District Magistrate shall not be liable for any compensation or other claim in respect of the accommodation for any period after such date.
[(5) Nothing in this section shall prevent the District Magistrate from releasing from requisition only a part of the accommodation :
Provided that where the District Magistrate releases from requisition only a part of the accommodation with the concurrence of the owner, the release shall be on such terms as to compensation or otherwise as may be, agreed upon between him and the owner :
Provided further that where the release from requisition of only a part of the accommodation is without the concurrence or the owner or where no agreement as specified the first proviso as to the terms of the release is reached, such reduction, if any, shall be made in the, compensation payable to the owner as may be determined by the court on a reference made to it by the District Magistrate and the provisions of sub-section (2) of, section 6 shall mutatis mutandis apply to such reference.]
3 Penalty 9- Any person, who contravenes any provision of this Act or of any order made thereunder, or who obstructs the taking of possession under this Act, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.
1. Added by section 5 (ii) of U. P. Act 19 of 1963.
2. Subs. by A. O. 1950 for (provincial Government).
3. Added by section 5 (iii) of U. P. Act 19, 1963 12 [The Uttar Pradesh Accommodation Requisition Act, 1947] [Section 10-15A] Power to order repairs
10. [(1)] 1 Where, the District Magistrate requisition any accommodation tinder this Act, he may at any time by notice in writing order the owner to execute such repairs, and within such time, as may be specified in the notice.
[(2) The owner shall not ordinarily be required to execute repairs at a cost exceeding one month's letting value for the accommodation In a year If, in the opinion of the District Magistrate the accommodation needs any special repairs and the aggregate cost of all repairs is in any year likely to exceed one month's letting value of the accommodation and the owner does not agree to carry out such repairs, the District Magistrate may refer the matter to the, Court which shall make, such order and on such terms, including those relating to payment of compensation as it may consider necessary.]
1 Execution of order in case of noncompliance