Section 4

Amendment status not verified — confirm the current text below against the official source.

(1) (a) (i) Every landlord shall, within seven days after the building becomes vacant --- (A) by his ceasing to occupy it, or (B) by the termination of the tenancy, or (C) by eviction of tenant or * Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980 vide E.G. No.95 dated 30.07.1980. 221 (D) Where any such building has been requisitioned under any law for the time being in force other than this Act, by release from such requisition, give notice of the vacancy in writing to the officer authorised in that behalf by the Government. (ii) Every tenant shall, within seven days after the building becomes vacant, by his ceasing to occupy it or by the termination of his tenancy give notice of the vacancy in writing to the officer authorised in that behalf by the Government. Explanation I. --- A Landlord who, having obtained possession --- (i) of a residential building under sub-section (3) of section 10 lets the *[whole or part] or part of it to a tenant, (ii) of a non-residential building under sub-section (3) of section 10 lets the whole or part of it to a tenant, shall be deemed to have failed to give notice under this section. Explanation II – A buyer --- (i) who having obtained vacant possession of a building in pursuance of a sale of such building, lets the *[whole or part] of it to a tenant, or allows the *[whole or part] of it to be occupied by an person; or (ii) who, without obtaining such vacant possession, allows the seller to occupy the whole of the building, shall be deemed to have failed to give notice under this section. (b) Every notice given under clause (a) shall contain such particulars as may be prescribed. (2) Where the tenant of a building puts an other person in occupation thereof and does not re-occupy it within a person of three months, then, on the expiry of such period, the tenancy shall be deemed to have been terminated and it shall be the duty of the tenant, and also of the landlord if he is aware of such termination, to give notice thereof in writing to the authorised officer within seven days of such termination: * Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980 vide E.G. No.95 dated 30.07.1980. 222 Provided that where the tenant obtains written permission from the authorised officer to re-occupy the building within a period of six months, this sub-section shall have effect as if for the period of three months specified therein a period of six months were substituted. Explanation. – This sub-section shall not apply where the building has been sub-let by a tenant entitled to do so, after giving due notice to the authorised officer under sub-section (1) and in conformity with the provisions of this section. (3) *[If within ten days of the receipt by the authorised officer of a notice from the landlord under sub-section (1),] or sub-section (2), the Government or the authorised officer do or does not intimate to the landlord in writing that the building is required for the purposes of the Government of the Union territory or a State or Central Government or of any local authority or of any public institution under the control of any such Government or for the occupation of any officer of such Government, the landlord shall be at liberty to let the building to any tenant or to occupy it himself. *[(3-A) The Government may, on the application made by the landlord, within fifteen days from the date of the communication of the intimation by the authorised officer under sub-section (3) rectify any error apparent on the face of the record]. (4) Where intimation is given under sub-section (1), the landlord shall not let the building to a tenant or occupy it himself, or use or permit the use of the building in any manner by any other person before the expiry of the period of *[ten days] specified in sub-section (3), unless in the meantime he has received intimation from the authorised officer that the building is not required for the purposes, or for occupation by any of the officers, specified in that sub-section. (5) If the building is required for any of the purpose, or for occupation by any of the officers specified in sub-section (3), the landlord shall deliver possession of the building and the fixtures and fittings in or on the buildings, in good tenantable repairs and condition, to the authorised officer, or to the allottee named by the authorised officer, as the case may be, and the Government shall be deemed to be the tenant of the landlord, with retrospective effect from the date on which the authorised officer received notice under sub-section (1) or sub-section (2), the terms of the tenancy being such as may be agreed upon between the landlord and the tenant and in default of an agreement, as may be determined by the Controller: * Substituted by Act No.8 of 1980 which came into force w.e.f 30.07.1980 vide E.G. No.95 dated 30.07.1980. 223 Provided that where the landlord fails to deliver possession of the building to the authorised officer within forty-eight hours of the receipt of the intimation that the building is required for any of the purposes, or for occupation by any of the officers specified in sub-section (3), or within such further time as the authorised officer may, by order in writing, allow, the Government shall be deemed to be the tenant of the landlord only from the date on which he delivers passions: Provided further that where owing to any omission or act or obstructive or preventive tacties on the part of the landlord there has been delay in coming to a decision whether or not the building is required for any of the purposes, or for occupation by any of the officers specified in sub-section (3), the Government shall be deemed to be the tenant of the landlord only from such other date as may be fixed by the authorised officer having regard to the circumstances of each case: Provided also that the rent payable shall be the fair rent, if any, fixed for the building under the provisions of this Act; and if no fair rent has been so fixed, such reasonable rent as the authorised officer may determine, in such manner as may be prescribed: Provided also that the reasonable rent fixed by the authorised officer under the foregoing proviso shall be subject to such fair rent as may be fixed by the Controller. Explanation. – Where before the fixation of fair rent, rent has been paid in excess thereof, the refund or adjustment shall have retrospective effect from the date on which the Government shall be deemed to be the tenant of the landlord, provided the application for fixation of fair rent is made within a period of ninety days from such date; where such application is made after the said period of ninety days, the refund or adjustment shall be limited to the amount paid in excess for the period commencing on the date of application by the tenant or landlord for the fixation of fair rent and ending with date of such fixation: Provided also that on the delivery of possession of the building, the allottee shall pay rent to the landlord proportionately for any part of the calendar month of his occupation, and in advance on or before the 5th day of each calendar month: Provided also that no structural alterations shall be made in the building, unless the consent of the landlord is obtained therefor. 224 (6) If, in the case of a residential building the possession of which has been delivered to the authorised officer under sub-section (5) and in the occupation of an officer of the Union territory or a State or Central Government, the fair rent is subsequently fixed at an amount not exceeding twenty-five rupees per month, the said officer shall be deemed to have become the tenant of the landlord on the date on which such fair rent is fixed on the same terms, except as to rent, as obtained between the landlord and the Government on the said date. (7) In case not falling under sub-section (5), where the landlord lets the building to any tenant after giving notice to the authorised officer under sub-section (1) or sub-section (2) and without having occupied the building himself, or used or permitted the use of the building in any manner by any other person, the tenancy shall be deemed to have been antedated by the number of days during which the landlord was prohibited from letting the building to any tenant by virtue of sub- section (4) and the tenant shall be liable to pay rent for those days also. (8) (a) Where a landlord has two or more residential buildings in the same Commune and they have not been already let by him, then within fifteen days from the date on which this Act comes into force in the said Commune or part thereof, or from the date on which the landlord commenced to have more than one such building, whichever is later, the landlord may choose any one of such buildings for his own occupation and shall give notice to the authorised officer of the building so chosen by him and of every other building not so chosen. (b) When giving notice as aforesaid, the landlord shall also specify therein --- (i) whether he requires any such building for the occupation of any member of his family or any dependant of his and, if so, where the member of dependant, as the case may be, is residing and the necessity for any change of residence; and (ii) such other particulars as may be prescribed. (c) The authorised officer may, if he is satisfied that the residential building is required bona fide for the occupation of any member of the family of the landlord or of any of his dependants, make an order permitting the landlord to allow such member or dependant, as the case may be, to occupy the residential building for a specified or an unspecified period; and if the authorised officer is not so satisfied, he shall make an order refusing such permission. (d) Any landlord who is aggrieved by any order passed by the authorised officer under clause (c) may, within seven days from the date of receipt of such order, prefer an appeal in writing to the accommodation appellate authority; and the said authority shall, after such enquiry as it may consider necessary, pass such orders on the appeal as it may think fit. On such appeal being preferred, the said 225 authority may order stay of further proceedings in the matter pending decision on the appeal. (e) (i) Every notice given by the landlord under clause (a) shall, in so far as it relates to any residential building other than the one chosen by him for his own occupation, be deemed to be a notice under sub-section (1). (ii) If, the case of a residential building governed by clause (b), the notice specified that the residential building is required for the purposes mentioned in sub-clause (i) of that clause, the provisions of sub-section (3) shall apply as if the notice had been given by the landlord under sub-section (1) immediately after the lapse of the period of seven days from the date of receipt by the landlord of the order passed by the authorised officer, or if an appeal has been preferred to the accommodation appellate authority against that order within that period, as if notice had been given as aforesaid by the landlord on the date of the order passed on the appeal. (9) (a) (i) Any officer empowered by the Government in this behalf may summarily dispossess any landlord, tenant or other person occupying any building in contravention of the provisions of this section or any landlord who fails to deliver to the Government possession of any building in accordance with the provisions of sub-section (5) and may take possession of the building including any portion thereof which may have been sub-let. The Government shall be deemed to be the tenant of such building with effect from the date of taking such possession. (ii) Any such officer as is referred to in sub-clause (i) may summarily dispossess any officer, local authority or public institution continuing to occupy, or failing to deliver possession of, any building in respect of which the Government shall be deemed to be the tenant by virtue of this section, after the termination of his or its licence to occupy such building and take possession of the building including any portion thereof which may have been sub-let: Provided that in cases where any landlord has been refused permission for the occupation of a building under clause (c) of sub-section (8), not less than seven days notice shall be given before action is taken under this sub-section. (b) If free access to the building is not afforded to the officer empowered under sub-clause (i) of clause (a), he may at any time after sunrise and before sunset, and after giving reasonable warning and facility to withdraw to any woman not appearing in public according to the customs of the country, remove or open any lock or bolt or break open any door or do any other act necessary for effecting such dispossession. 226 (c) Any landlord tenant or other person or any officer, local authority or public institution liable to be summarily dispossessed under clause (a), shall pay to the Government --- (i) the fair rent payable for the building under provisions of this Act for the period of his occupation or possession thereof as described in that clause, and (ii) the expenses, if any, incurred by the Government in effecting such summary dispossession, as determined by them (which determination shall be final). *[(d) (i) If the authorised officer who takes possession of the building under clause (a), is of the opinion that the building is not in a tenantable condition, he may prepare or cause to be prepared an estimate of the repairs necessary including white-washing to make the building tenantable and give notice to the landlord to carry out the repairs within a reasonable time; (ii) If the landlord fails to make necessary repairs to the building within such reasonable time, the authorised officer may make such repairs including white- washing or allot the building subject to the condition that the allot the building subject to the condition that the allotee shall carry out the repairs including white- washing according to the aforesaid estimate and deduct the cost of such repairs from the rent payable to the landlord in such monthly instalments as may be specified by the authorised officer: Provided that in no case such monthly instalment shall exceed one-half of the monthly rent payable by the tenant]. (10) Nothing contained in this section shall apply --- (a) to a residential building, the monthly rent of which does not exceed twenty-five rupees; or (b) to a non-residential building, the monthly rent of which does not exceed fifty rupees; or * Inserted by Act No.8 of 1980 which came into force w.e.f 30.07.1980. 227 (c) to a residential building, a part only of which is occupied by the full owner and the whole or any portion of the remaining part of such building is let to any tenant. Provided that this clause shall not apply to any building, if – (i) the portions occupied by the full owner and the tenant are self- contained and separate units; (ii) the full owner does not actually occupy the building for residential purposes; or (iii) the full owner is in actual occupation of another residential building;or] (d) to any building or buildings in the same Commune owned by any company, association or firm, whether incorporated or not, and bona fide intended solely for the occupation of its officers, servants or agents. Explanation. – In clause (c) “full owner” means a person entitled to the absolute proprietorship of the building. Release of building *[ 4-A. (1) A landlord may apply to the authorised officer for the release of the building in respect of which a notice has been given under sub-section (1) of section 4 or in respect of which, the Government are, under sub-section (5) of section 4 deemed to be the tenant if --- (a) in the case of a residential building, the landlord requires it for his own occupation or for the occupation of any member of his family and the landlord or the member of his family is not occupying any residential building of his own in the city, town or village concerned; (b) in the case of a non-residential building which is used for the purpose of keeping a vehicle or adapted for such use, the landlord requires it for his own use or for the use of any member of his family and the landlord or the member of his family is not using any such building of his own in the city, town or village concerned; * Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980. 228 (c) in the case of any non-residential building other than the non- residential building mentioned in clause (b), the landlord or any other member of his family requires it for the purpose of his business and the landlord or the member of his family does not occupy any such non-residential building of his own for the purpose of his business in the city, town or village concerned; or (d) the building, whether residential or non-residential whose landlord is a religious, charitable, educational or other public institution, is required for the purpose of such institution. (2) The authorised officer, may, if he is satisfied that the claim of the landlord is bona fide and reasonable make an order releasing the building subject to such conditions and restrictions as may be think fit and if he is not so satisfied, make an order rejecting the application made under sub-section (1). (3) Any person who is aggrieved by an order passed by the authorised officer under sub-section (2) may, within fifteen days from the date of receipt of such order, prefer an appeal to the Government and the Government shall pass such order as they deem fit and on such appeal being preferred, the Government may order stay of further proceedings in the matter pending decision on the appeal. (4) A building released in pursuance of an order made under sub-section (2) shall, within thirty days of the date of the receipt of the order or such further period as may be allowed by the authorised officer, be occupied by the landlord or by the member of his family for whose occupation the building was required to be released or shall be put to such use for which the release was obtained. (5) Where a building released under sub-section (2) has not been occupied by the landlord or by the member of his family or has not been put to such use for which the release was obtained within the period specified in sub-section (4), but is either let out or kept vacant the whole or any part of the building, or put to use for a purpose other than the one for which the release was obtained, such building shall be deemed to have become vacant from the date of the expiry of the period specified in sub-section (4) and the provisions of sub-sections (1), (3), (4), (5), (7) and (9) of section 4 shall apply to such buildings]. 229 Fixation of fair rent *[5. (1) The Controller shall on application made by the tenant or the landlord of a building and after holding such enquiry as he thinks fit, fix the fair rent for such building in accordance with the principles set out in the following sub-sections. (2) The fair rent for any residential building shall be nine per cent gross return per annum on the total cost of such building. (3) The fair rent for any non-residential building shall be twelve per cent gross return per annum on the total cost of such building. (4) The total cost referred to in sub-section (2) and sub-section (3) shall consist of the market value of the site in which the building is constructed, the cost of construction of the building and the cost of provision of any one or more of the amenities specified in Schedule I as on the date of application for fixation of fair rent: Provided that while calculating the market value of the site in which the building is constructed, the Controller shall take into account only that portion of the site on which the building is constructed and of a portion upto fifty per cent thereof of the vacant land, if any, appurtenant to such building, the excess portion of the vacant land, being treated as amenity: Provided further that the cost of provision of amenities specified in Schedule I shall not exceed -- (i) in the case of any residential building, fifteen per cent; and (ii) in the case of any non-residential building, twenty-five per cent of the cost of site in which the building is constructed and the cost of construction of the building as determined under this section. (5) (a) The cost of construction of the building including cost of internal water-supply, sanitary and electrical installations shall be determined with due regard to the rates adopted for the purpose of estimation by the Public Works Department of the Government for the area concerned. The Controller may, in appropriate cases, allow or disallow an amount not exceeding thirty per cent of the cost of construction having regard to the nature of construction of the building. * Substituted by Act No.8 of 1980 which came into force w.e.f 30.07.1980. 230 (b) The Controller shall deduct from the cost of construction determined in the manner specified in clause (a), depreciation calculated at the rates specified in Schedule II]. Change in fair rent in what cases admissible