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ANDHRA PRADESH BUILDINGS LEASE, RENT AND EVICTION CONTROL ACT, 1960
(1) This Act may be called the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960.
(2)
(a) This Act, except sub-section (2) of Section 3, shall apply to the cities of Hyderabad and Secunderabad *[Visakhapatnam and Vijayawada] *[and to all Municipal Corporations and Municipalities in the State of Andhra Pradesh].
(b) Sub-section (2) of Section 3 shall apply to the cities of Hyderabad and Secunderabad, *[Visakhapatnam and Vijayawada] *[and to any Municipal Corporation or Municipality in the State of Andhra Pradesh], if the State Government, by notification in the Andhra Pradesh Gazette, so direct.
(c) The State Government may, by notification in the Andhra Pradesh Gazette, apply all or any of the provisions of this Act except su
In this Act, unless the context otherwise requires,
(i)Andhra area means the territories which immediately before the 1st November, 1956, were comprised in the State of Andhra;
(ii)Authorised officer means any officer authorised by the Government under sub-section (1) of Section 3.
(iii)Building means any house or hut or part of a house or hut, let or to be let separately for residential or non-residential purposes and includes :
(a) the gardens, grounds, garages and out-houses if any, appurtenant to such house, hut or part of such house or hut and let or to be let along with such house or hut or part of such house or hut;
(b) any furniture supplied or any fittings affixed by the landlord for use in
(1)
(a) Every landlord shall within ten days after the building becomes vacant by his ceasing to occupy it, or by the termination of a tenancy, or by the eviction of the tenant or by release from requisition or otherwise give notice of the vacancy in writing to the officer authorised in that behalf by the Government.
Explanation :- A landlord who, having obtained possession of a 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.
(b) Every notice given under clause (a) shall contain such particulars as may be prescribed.
(2) In any municipality (including the cities of Hyderabad and Secunderabad, *[Visakhapatnam and Vijayawada] to which this sub-sec
Section 3 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, primarily deals with the obligations of landlords regarding vacant buildings, the procedure for informing authorities about vacancies, and the legal consequences of non-compliance. It forms the foundation for regulating leasing, rent, and eviction processes within the state, ensuring proper management of building occupancy and preventing unlawful or unregulated tenancy arrangements.
Section 3 mandates that landlords must notify the authorities within a specified period when a building becomes vacant due to cessation of occupation, termination of tenancy, or other reasons. It also prescribes the manner of service of such notices, the obligations of tenants and sub-tenants to inform about vacancies, and the legal consequences of failing to do so, including penalties and eviction procedures.
Section 3 applies to all buildings within the jurisdiction, whether residential or non-residential, that are subject to the Act. It covers:- Vacant buildings due to termination or cessation of occupation.- Sub-letting or sub-tenancy arrangements.- Situations where tenants or sub-tenants vacate or transfer occupancy.- The obligation of landlords to inform authorities to facilitate regulation and prevent illegal occupancy.It does not extend to buildings outside the scope of the Act or to cases where statutory exemptions apply.
Penalties for non-compliance include:- Fine or imprisonment as prescribed under the Act.- Possible eviction of the defaulting tenant or landlord.- Legal proceedings initiated by authorities for enforcement.Specific penalties depend on the nature and severity of the violation, as detailed in related rules and notifications.
This legal commentary synthesizes the relevant provisions, judicial interpretations, and procedural safeguards associated with Section 3 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, supported by the provided sources.
(1) The Controller shall, on application by the tenant or landlord of a building, fix the fair rent for such building after holding such enquiry as the Controller thinks fit.
(2) In fixing the fair rent under this section the Controller shall have due regard -
(a) to the prevailing rates of rent in the locality for the same or similar accommodation in similar circumstances during the twelve months prior to the 5th April, 1944;
(b) to the rental value as entered in the property tax assessment book of the concerned local authority relating to the period mentioned in clause (a);
(c) to the circumstances of the case, including any amount paid by the tenant by way of premium or any other like sum in addition to rent after the 5th April, 1944.
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(1) When the fair rent of a building has been fixed under this Act, no further increase in such fair rent shall be permissible except in cases where some addition, improvement or alteration has been carried out at the landlords expense and if the building is then in the occupation of a tenant, at his request :
Provided that the increase shall be calculated at a rate per annum not exceeding six per cent of the cost of such addition, improvement or alteration carried out and the fair rent as increased under this sub-section shall not exceed the fair rent payable under this Act for a similar building in the same locality with such addition, improvement or alteration;
Provided further that any dispute between the landlord and the tenant in regard to any increase claimed under this sub-section shall be decided by the Controller.
&n
(1) Where the amount of taxes and cesses payable by the landlord in respect of any building to a local authority is enhanced after the fixation of the fair rent under Section 4, the landlord shall be entitled to claim half of such excess from the tenant in addition to the rent payable for the building under this Act :
Provided that such excess shall not be recoverable insofar as it has resulted from an increase of rent in respect of the building.
(2) Any dispute between the landlord and the tenant in regard to any increase claimed under sub-section (1) shall be decided by the Controller.
Where the Controller has fixed the fair rent of a building : -
(a) the landlord shall not claim, receive or stipulate for the payment of (i) any premium or other like sum in addition to such fair rent, or (ii) save as provided in Section 5 or Section 6, anything in excess of such fair rent :
Provided that the landlord may receive, or stipulate for the payment of an amount not exceeding one months rent by way of advance;
(b) save as provided in clause (a), any premium or other like sum or any rent paid in addition to, or in excess of, such fair rent, whether before or after the commencement of this Act, in consideration of the grant, continuance or renewal of the tenancy of the building after such commencement, shall be refunded by the landlord to the person by whom it was paid or at the opt
(1) Every tenant who makes a payment on account of rent or advance shall be entitled to obtain a receipt for the amount paid duly signed by the landlord or his authorised agent.
(2) Where a landlord refuses to accept, or evades the receipt of, any rent lawfully payable to him by a tenant in respect of any building, the tenant may, by notice in writing, require the landlord to specify within ten days from the date of receipt of the notice by him, a bank into which the rent may be deposited by the tenant to the credit of the landlord :-
Provided that such bank shall be one situated in the city, town or village in which the building is situated or if there is no such bank in such city, town or village, within three miles of the limits thereof.
Explanation :- It shall be open to the landlord to
(1) Where the address of the landlord or his authorised agent is not known to the tenant, he may deposit the rent lawfully payable to the landlord in respect of the building, before such authority and in such manner as may be prescribed, and continue to deposit any rent which may subsequently become due in respect of the building before the same authority and in the same manner until the address of the landlord or his authorised agent becomes known to the tenant.
(2) The amount deposited under sub-section (1) may subject to such conditions as may be prescribed, be withdrawn by the person held by the Controller to be entitled to the amount on application made by such person to the Controller in that behalf.
(3) Where any bona fide doubt or dispute arises as to the person who is entitled to receive the rent for any building the tenant may
(1) A tenant shall not be evicted whether in execution of a decree or otherwise except in accordance with the provisions of this section or Sections 12 and 13 :
Provided that where the tenant, denies the title of the landlord or claims right of permanent tenancy, the Controller shall decide whether the denial or claim is bona fide and if he records a finding to that effect, the landlord shall be entitled to sue for eviction of the tenant in a Civil Court and the Court may pass a decree for eviction on any of the grounds mentioned in the said sections, notwithstanding that the Court finds that such denial does not involve forfeiture of the lease or that the claim is unfounded.
(2) A landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf. If the Controller, after giving the tenant a reasonable
(1) No tenant against whom an application for eviction has been made by a landlord under Section 10, shall be entitled to contest the application before the Controller under that section, or to prefer any appeal under Section 20 against any order made by the Controller on the application, unless he has paid to the landlord or deposits with the Controller or the appellate authority, as the case may be, all arrears of rent due in respect of the building up to the date of payment or deposit and continues to pay or deposit any rent which may subsequently become due in respect of the building, until the termination of the proceedings before the Controller or the appellate authority, as the case may be.
(2) The deposit of rent under sub-section (1) shall be made within the time and in the manner prescribed.
(3) Where there is any dispute as
(1) Notwithstanding anything in this Act, on an application made by a landlord, the Controller may, if he is satisfied
(a) that the building is reasonably and bona fide required by the landlord for carrying out repairs, alterations or additions which cannot be carried out without the building being vacated; or
(b) that the building consists of not more than two floors and is reasonably and bona fide required by the landlord for the immediate purpose of demolishing it and such demolition is to be made for the purpose of erecting a new building on the site of the building sought to be demolished, pass an order directing the tenant to deliver possession of the building to the landlord before a specified date.
(2) No order for recovery of possession under this section shall be passed unless the
(1) Notwithstanding anything in this Act, on an application made by a landlord of a building in respect of which the Government shall be deemed to be the tenant, the authorised officer may, if he is satisfied :-
(a) that the building is reasonably and bona fide required by the landlord for carrying out repairs, alterations or additions which cannot be carried out without the building being vacated; or
(b) that the building consists of not more than two floors and is reasonably and bona fide required by the landlord for the immediate purpose of demolishing it and such demolition is to be made for the purpose of erecting a new building on the site of the building sought to be demolished, pass an order directing the allottee to deliver possession of the building to the landlord before a specified date.
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(1) No landlord shall, without just or sufficient cause, cut off, or withhold any of the amenities enjoyed by the tenant.
(2) A tenant in occupation of a building may, if the landlord has contravened the provisions of this section make an application to the Controller complaining of such contravention.
(3) If the tenant satisfies the Controller that the amenities were cut off or withheld without just or sufficient cause, the Controller may pass an interim order, directing the landlord to restore the amenities immediately, pending the inquiry referred to in sub-section (4).
Explanation :- An interim order may be passed under this sub-section without giving notice to the landlord.
(4) If the Controller on inquiry finds that the tenant has been in e
Every order made under Section 10, Section 12, Section 13 or Section 14 and every order passed on appeal under Section 20 or on revision under Section 22 and every order as to costs under Section 21 shall be executed by the Controller :
Provided that an order passed in execution under this section shall not be subject to an appeal, but shall be subject to revision under Section 22.
The Controller shall summarily reject any application under sub-section (2), or sub-section (3) of Section 10 or under Section 12 which arises between the same parties or between parties under whom they or any of them claim, substantially the same issues as have been finally decided or as purport to have been finally decided, in a former proceeding under this Act or under any law corresponding thereto in force at the relevant time prior to the commencement of this Act.
Every order passed by a Controller or an appellate or revisional authority under this Act shall be pronounced in open Court on the day on which the case is finally heard, or on some future day of which due notice shall be given to the parties.
No residential building shall be converted into a non-residential building except with the permission in writing of the Controller.
If a landlord fails to make necessary repairs to the building within a reasonable time after notice is given
(a) by the authorised officer in respect of a building of which the Government shall be deemed to be the tenant under sub-section (6) of Section 3;
(b) by the tenant in respect of any other building; the authorised officer aforesaid may, in the case referred in clause (a), make such repairs or have them made by the allottee and deduct the cost thereof from the rent payable for the building or ask the allottee to make such a deduction from the rent payable; and the Controller may, in the case referred to in clause (b); direct, on application by the tenant, that such repairs may be made by the tenant and that the cost thereof may be deducted by the tenant from the rent payable for the building :-
(1) Any person aggrieved by an order passed by the Controller may, within thirty days, from the date of such order, prefer an appeal in writing to the Chief Judge, Small Causes Court in the cities of Hyderabad and Secunderabad and elsewhere to the Subordinate Judge or if there are more than one Subordinate Judge, to the Principal Subordinate Judge having original jurisdiction over the area aforesaid. In computing the said period of thirty days the time taken to obtain a certified copy of the order appealed against shall be excluded.
(2) On such appeal being preferred, the appellate authority may order stay of further proceedings in the matter pending decision on the appeal.
(3) The appellate authority shall send for the records of the case from the Controller and after giving the parties an opportunity of being heard and, if necessary,
Subject to such conditions and limitations, if any, as may be prescribed, the costs of and incident to all proceedings before the Controller or the appellate authority referred to in Section 20 shall be in the discretion of the Controller or the appellate authority, who shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purpose.
Explanation:- The appellate authority may set aside or vary any order passed by the Controller in regard to the costs of and incident to the proceedings before him.
(1) The High Court may, at any time, on the application of any aggrieved party, call for and examine the records relating to any order passed or proceeding taken under this Act by the Controller in execution under Section 15 or by the appellate authority on appeal under Section 20, for the purpose of satisfying itself as to the legality, regularity or of propriety of such order in reference thereto as it thinks fit.
(2) The costs of and incidental to all proceedings, before the High Court under sub-section (1) shall be in its discretion.
Any order for the eviction of a tenant passed under this Act shall be binding on all sub-tenants under such tenant whether they were parties to the proceeding or not and whether they became sub-tenants before or after the date of the application for eviction provided that such order was not obtained by fraud or collusion.
(1) Any application made, appeal preferred, or proceedings taken under this Act by or against any person, may in the event of his death, be continued by or against his legal representatives.
(2) Where any application, appeal or other proceeding could have been made, preferred or taken, under this Act by or against any person, such application, appeal or other proceeding, may, in the event of his death, be made, preferred or taken by or against his legal representatives.
Subject to such conditions and limitations as may be prescribed, the Controller may, in his discretion, issue summonses to witnesses requiring them to attend in person to give evidence or to produce documents in their custody in connection with any proceedings before him.
Notwithstanding anything in this Act the Government may, by notification in the Andhra Pradesh Gazette, exempt, subject to such conditions and terms, if any, as they may specify in the notification, any building or class of buildings from all or any of the provisions of this Act.
The executive authority of the concerned local authority shall, on application made in this behalf and on payment of such fee as may, from time to time, be fixed by the Government by notification in the Andhra Pradesh Gazette, grant to the applicant a certified copy of the extract from the property tax assessment book of the local authority, showing the rental value of the building or buildings in respect of which application has been made, relating to the period specified in the application. Such certified copy shall be received as evidence of the facts stated therein, in proceedings under this Act.
Every landlord and every tenant of a building shall be bound to furnish to the Controller or any person authorised by him in that behalf, such particulars in respect of the building as may be prescribed by rules made under this Act.
It any person contravenes any of the provisions of sub-section (1), (2), (4)(b), (5) and (6) of Section 3, sub-sections (1)(a) and (2)(a) of Section 7, sub-section (1) of Section 14, Section 18 and Section 28, he shall be punishable with fine which may extend to two thousand rupees.
(1) The Government may by notification in the Andhra Pradesh Gazette, make rules to carry out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for -
(a) all matters expressly required or allowed by this Act to be prescribed;
(b) the procedure to be followed by Controller and appellate authorities in the performance of their functions under this Act;
(c) the manner in which notices and orders, under this Act shall be given or served;
(d) setting aside ex parte orders passed under this Act;
(e) applications for making legal representatives of deceased persons, parties to proceedings under this
The Controller or any person authorised in writing by him in this behalf, by general or special order, may enter and inspect any building for the purpose of any inquiry or for any other purpose connected with this Act or the rules made thereunder.
The provisions of this Act shall not apply;
(a) to any building owned by the Government;
(b) to any building constructed on or after the 26th August, 1957.
The Madras Buildings (Lease and Rent Control) Act, 1949 (Madras Act XXV of 1949), and the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954 (Hyderabad Act XX of 1954) (hereinafter in this section referred to as the Repealed Acts) are hereby repealed :-
Provided that the repeal shall not affect -
(a) the previous operation of the Repealed Acts or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Repealed Acts; or
(c) any penalty or punishment incurred in respect of any offence committed under the Repealed Acts; or
(d) any investigation, legal proceedings or remedy in respect of any such right, privilege,
(1) No suit, prosecution or other legal proceeding shall lie in any Court against any officer or servant of the Government or any person acting under his direction or aiding or assisting him, for anything which is in good faith done or intended to be done in pursuance of or under this Act.
(2) No suit or other legal proceeding shall lie against the Government for, or on account of or in respect of, any act, matter or thing whatsoever, purporting to have been done in pursuance of or under this Act.
(1) If any difficulty arises in giving effect to the provisions of this Act, in consequence of the transition to the said provisions from the corresponding provisions of the Acts, which were in force immediately before the commencement of this Act, the Government may, by order in the Andhra Pradesh Gazette, make such provisions as appear to them to be necessary or expedient for removing the difficulty.
(2) If any difficulty arises in giving effect to the provisions of this Act (otherwise than in relation to the transition from the provisions of the corresponding Acts, which were in force before the commencement of this Act), the Government may, by order in the Andhra Pradesh Gazette, make such provisions, not inconsistent with the purposes of this Act, as appear to them to be necessary or expedient for removing the difficulty.
Section 35 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, confers the power upon the State Government to remove difficulties in implementing the provisions of the Act. It is a legislative provision that allows the government to issue notifications to address unforeseen issues that may arise during the enforcement of the Act, ensuring its smooth operation and addressing practical difficulties.
Section 35 authorizes the State Government to make provisions for removing difficulties in giving effect to the provisions of the Act. Subsection (1) empowers the government to issue notifications for this purpose, while subsection (2) provides that any such notification shall be deemed to be part of the Act and shall have the same force and effect.
Section 35 itself does not prescribe any punishment. Its primary function is to empower the government to issue notifications. Any violation or misuse of this power would be subject to judicial review, and the courts can declare such notifications invalid if they are found to be beyond the scope or contrary to the purpose of the Act.
In conclusion, Section 35 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, is a vital legislative tool that ensures the smooth and effective enforcement of the Act by empowering the government to remove procedural or administrative difficulties through notifications. Its exercise must be within the bounds of reasonableness, purpose, and the fundamental objectives of the legislation, with judicial review acting as a check against arbitrary or ultra vires actions.
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