TAMIL NADU BUILDINGS (LEASE AND RENT CONTROL) ACT, 1960
1. Short title, application1[and commencement]
(1) This Act may be called the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960.
(2)2[(a) (i)] This Act,3[except sub-section (2) of Section 3] shall apply to the City of Madras4[and to the City of Madurai] and to all municipalities constituted or deemed to have been constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) in the State:
Provided that the Government may, by notification, direct that this Act shall cease to apply to any municipality specified therein or to the City of Madras4[or to the City of Madurai] from such date as may be mentioned in the notification.
4[(ii) Where this Act had, under the proviso to sub-clause (i), ceased to apply to any suc
In this Act, unless the context otherwise requires--
(1) "authorised officer" means any officer authorized by the Government under sub-Section (1) of Section 3;
(2) "building" means any building or hut or part of a building or hut, let or to be let separately for residential or non-residential purposes and includes--
(a) the garden, grounds and out-houses, if any, appurtenant to such building, hut or part of such building or hut and let or to be let along with such building or hut,
(b) any furniture supplied by the landlord for use in such building or hut or part of a building or hut, but does not include a room in a hotel or boarding house;
1 [(3) "Controller" means any person appointed by the Government
(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 a tenancy, or
(C) by the eviction of the tenant, or
(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 authorized in that behalf by the Government.
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1[ 3A. Release of building
(1) A landlord may apply to the authorized officer for the release of a building in respect of which a notice has been given under sub-section (1) of Section 3 or in respect of which, the Government are, under sub-section (5) of Section 3, deemed to be the tenant if--
(a) in the case of 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 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 me
4. 1 [Fixation of fair rent
(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
(1) When the fair rent of a building has been fixed1[or refixed] 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 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 and it shall not be chargeable until such addition, improvement or alteration has been completed :
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.
(2) Where
(1) Where the amount of the taxes and cesses payable (including any new tax or cess which has become payable) by the landlord in respect of any building to a local authority for any half-year commencing on the 1st April, 1950, or on any later date exceeds the amount of the taxes and cesses payable in respect thereof the same or any other local authority for the half-year ending on the 30th day of September 1946, or for the first complete half-year after the date on which the building was first let, whichever is later, the landlord shall be entitled to claim 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 in so far as it has resulted from an increase of rent in respect of the building.
(2) Any dispute between the landlord and the tenant in reg
(1) Where the Controller has fixed,1[or refixed] 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 date of the commencement of this Act, in consideration of the grant, continuance or renewal of the tenancy of the building after the date of such commencement, shall be refunded by the landlord to the pe
8.1[Landlord liable to give receipt for rent or advance]
1[ (1) Every landlord who receives any payment towards rent or advance, shall issue a receipt duly signed by him fat the actual amount of rent or advance received by him.]
(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, within2[five kilometres] of the limits thereof
(1) Where the address of the landlord or his authorized agent is not known to the tenant, he may deposit the rent lawfully payable to the landlord in respect of the building, before the Controller 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 Controller and in the same manner until the address of the landlord or his authorized agent becomes known to the tenant.
(2) The amount deposited under sub-section (3) or under sub-section (5) of Section 8, or under sub-section (1) of this Section 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 p
(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 14 to 16 :
Provided that nothing contained in the said Sections, shall apply to a tenant whose landlord is the Government :
Provided further 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.
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 23 against any order made by the Controller on the application, unless he has paid or pays 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 deposits, and continues to pay or to 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 dispu
(1) Notwithstanding anything contained 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 authorized officer shall, if he is satisfied--
(a) that the building is bona fide required by the landlord for carrying out repairs which cannot be carried out without the building being vacated; or
(b) that the building is 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.
(2) An order passed by the authorized officer under sub-section (1) directing t
(1) Where an order directing delivery of possession has been passed by the authorized officer under clause (b) of sub-section (1) of Section 12 and the work of demolishing any material portion of the building has not been substantially commenced by the landlord within the period of one month in accordance with his undertaking under clause (b) of sub-Section (3) of Section 12 the authorised officer may give the landlord notice of his intention to re-allot the building to any person named by him. If within fifteen days from the date of receipt such notice, the landlord does not offer the building to the authorised officer, the authorized officer may re-allot the building to any person named by him on the original terms and conditions and order the landlord to put such person in possession of the building.
1[(2) Where in pursuance of an order passed by the authorised officer under cla
(1) Notwithstanding anything contained in this Act, but subject to the provisions of Sections 12 and 13, on an application made by a landlord, the Controller shall, if he is satisfied--
(a) that the building is bona fide required by the landlord for carrying out repairs which cannot be carried out without the building being vacated ; or
(b) that the building is 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 directing the tenant to deliver possession of the building under this Section shall be passed--
(1) Where the landlord recovers possession under clause (a) of sub-section (1) of Section 14, he shall, within two months before the date on which the work of repairs is likely to be completed, give notice to the tenant of the date on which the said work will be completed. Within fifteen days from the date of receipt of such notice, the tenant shall intimate to the landlord his acceptance of the building offered for his re-occupation and if the tenant gives such intimation, the landlord shall within thirty days from the date of completion of the work of repairs put the tenant in possession of the building on the original terms and conditions. If the tenant fails to give such intimation, his right to re-occupy the building shall terminate.
(2) If after the tenant has delivered possession, the landlord fails to commence the work of repairs within one month from the date of such deliv
(1) Where an order directing delivery of possession has been passed by the Controller under clause (b) of sub-section (1) of Section 14 and the work of demolishing any material portion of the building has not been substantially commenced by the landlord within the period of one month in accordance with his undertaking under clause (b) of sub-section (2) of Section 14, the tenant may give the landlord notice of his intention to occupy the building the possession of which he delivered. If within fifteen days from the date of receipt of such notice, the landlord does not put him in possession of the buildings on the original terms and conditions, the tenant may make an application to the Controller within eight weeks of the date on which he put the landlord in possession of the building. The Controller shall order the landlord to put the tenant in possession of the building on the original terms and conditions.
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1 [(1) No landlord shall, without just or sufficient cause, cut off or withhold or cause to be cut off or withheld any of the amenities enjoyed by the tenant or were in existence during the previous tenancy].
(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, or caused to be cut off or withheld, 2 [***] 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 :
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1[ (1) Every order made under Sections 10, 14, 15, 16 and 17 and every order passed on appeal under Section 23 or on revision under Section 25 shall be executed by the Controller, as if such order is an order of a Civil Court and for this purpose, the Controller shall have all the powers of a Civil Court.
(2) An order passed in execution under sub-section (1) shall not be subject to any appeal or revision.]
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1. Substituted by Section 15 of Act 23 of 1973.
1[18-A. Power of Controller to appoint Commissioner
The Controller shall have powers to appoint a Commissioner in any proceeding pending before him and for this purpose, he shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (Central Act V of 1908)].
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1. Added by Section 15 of Act 23.
1[Any application under Section 3-A or Section 12, and any application under sub-section (2) or sub-section (3) or sub-section (3-A) of Section 10 or under Sections 14, 15 or 16, shall be summarily rejected by the Authorized Officer or the Controller, as the case may be, if such application] raises 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--
(i) under this Act, or
(ii) under any other law from time to time in force before the date of the commencement of this Act and relating to matters dealt with in this Act.
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1. Substituted for "the Controller shall summarily re
Every order passed by a Controller under this Act shall be pronounced in open court on the day on which the case 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.
1[(1)] If a landlord fails to make necessary repairs to the building within a reasonable time after notice is given--
(a) by the authorized officer in the case of a building in respect of which the Government shall be deemed to be the tenant under sub-section (5) of Section 3;
(b) by the tenant in the case of any other building; the authorized officer aforesaid may, in the case referred to 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 :
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(1) (a) The Government may, by general or special order notified in the1[Tamil Nadu Government Gazette], confer on such officers and authorities as they think fit, the powers of Appellate Authorities for the purpose of this Act, in such areas and in such classes of cases as may be specified in the order.
(b) Any person aggrieved by an order passed by the Controller may, within fifteen days from the date of such order, prefer an appeal in writing to the Appellate Authority having jurisdiction.
In computing the fifteen days aforesaid, 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.
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Subject to such conditions and limitations, if any, as may be prescribed, the costs of any incident to all proceedings before the Controller or the Appellate Authority referred to in Section 23, 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[(1) The High Court may, on the application of any person aggrieved by an order of the Appellate Authority, call for and examine the record of the Appellate Authority, to satisfy itself as to the regularity of such proceeding or the correctness, legality or propriety of any decision or order passed therein and if, in any case, it appears to the High Court that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, it may pass orders accordingly.
(2) Every application to the High Court for the exercise of its power under sub-section (1) shall be preferred within one month from the date on which the order or proceeding to which the application relates is communicated to the applicant:
Provided that the High Court may, in its discretion, allow further time not exceeding one month for the filing o
Any order for the eviction of a tenant passed under this Act shall be binding on all sub-tenants who were made parties in the application for eviction but any person who became a sub-tenant after the date of the application for eviction shall be bound by the order of eviction and be evicted as if he were a party to the proceedings, provided that such order was not obtained by fraud or collusion.
(1) Any application made, appeal preferred, or proceeding 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 or by 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 condition and limitation as may be prescribed, the Controller may, in his discretion, issue summons 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 contained in this Act, the Government may, subject to such conditions as they deem fit, by notification, exempt any building or class of buildings from all or any of the provisions of this Act.
Nothing contained in this Act shall apply to--
1[(i) any building for a period of five years from the date on which the construction is completed and notified to the local authority concerned; or]
(ii) any residential building or part thereof occupied by any one tenant if the monthly rent paid by him in respect of that building or part exceeds2[four hundred rupees].
3[(iii) any lease of a building under which the object of the tenant is to run the business or industry with the fixtures, machinery, furniture or other articles belonging to the landlord and situated in such building.
Illustration (1)
Where a dal mill as such is the subject matter of the lease and where the intention of the tenant is to run t
The Executive Authority of a municipal council1[***] or panchayat or panchayat union council or the Revenue Officer of the2[Municipal Corporation of Madras or Municipal Corporation of Madurai] 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, grant to the applicant a certified copy of the extract from the property-tax assessment book of the municipal council,1[***] panchayat or panchayat union council or the2[Municipal Corporation of Madras or Municipal Corporation of Madurai], as the case may be, 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 fact stated therein, in proceedings under this Act.
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Every landlord and every tenant of a building shall be bound to furnish to the Controller or any person authorized by him in that behalf,1[or the authorized officer] such particulars in respect of the building as may be prescribed.
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1. Inserted by Section 22 of Act 23 of 1973.
1[(1)If any person contravenes any of the2[sub-Sections (1), (1-A), (2), (4) and (5) of Section 3] sub-section (4) of Section 3-A, sub-sections (1) (a) and (2) (a) of Section 7, sub-section (1) of Section 8, sub-section (1) of Section 17, Section 21, sub-section (2) of Section 22 or Section 32, or any order under sub-section (3) or sub-Section (3-A) of Section 10 or sub-section (3) of Section 17, or any of the conditions in the notification issued under Section 29, he shall be punishable with fine which may extend to two thousand rupees.
(1-A) Any landlord or the member of his family, as the case may be, who, after obtaining possession of building under sub-section (3) or sub-section (3-A) of Section 10, does not occupy it within one month of his taking possession or having so occupied, vacates it without reasonable cause within six months of such date, shall be punishable with fin
(1) The Government may, by notification, 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 Controllers 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 and orders of dismissal for default passed under this Act ;
(e) applications for making legal representatives of deceased persons, parties to proceedings under
(1) The Tamil Nadu Buildings (Lease and Rent Control) Act, 1949 (Tamil Nadu Act XXV of 1949) (hereinafter in this Section referred to as the said Act), is hereby repealed.
(2) Notwithstanding the repeal of the said Act by sub-section (1)--
(a) All rules made, or deemed to have been made, notifications issued or deemed to have been issued, orders passed or deemed to have been passed, decisions made or deemed to have been made, proceedings or action taken or deemed to have been taken, and things done or deemed ! to have been done under any provision of the said Act, shall be deemed to have been made, issued, passed, taken or done by the appropriate authority under the corresponding provisions of this Act and shall have effect accordingly.
(b) Any liability or penalty incurred or deemed to have b
36.1[Omitted]
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1. Omitted by Act 23 of 1973.
(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--
(a) for, or on account of, or in respect of, any sentence passed, or deemed to have been passed, any decision given or deemed to have been given, or any act ordered or deemed to have been ordered or done or deemed to have been done by him, in exercise of any jurisdiction or power purporting to have been conferred on him by or under this Act ; or
(b) for carrying out any sentence passed or decision given by any court or other authority in exercise of any such jurisdiction or power as aforesaid.
(2) No suit or other legal proceeding shall lie against the Government for, or on account of, or in respect of,
(1) Any law corresponding to this Act in force in the transferred territory immediately before the date of the commencement of this Act (hereinafter in this Section referred to as the corresponding law) shall stand repealed on the date of such commencement.
(2) The repeal by sub-section (1) of the corresponding law shall not affect--
(a) the previous operation of the corresponding law or anything done or duly suffered thereunder; or
(b) any penalty, forfeiture or punishment incurred in respect of any offence committed against the corresponding law; or
(c) any investigation, legal proceeding or remedy in respect of any such penalty, forfeiture or punishment as aforesaid;
and any such investigation, legal p
39.1[Omitted]
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1. Omitted by Section 26 of Act 23 of 1973.
1 SCHEDULE-1
(See Section 4)
AMENITIES
1.Air-conditioner.
2.Lift.
3.Water-cooler.
4.Electrical heater.
5.Frigidaire.
6.Mosaic flooring.
7.Side dadoos.
8.Compound walls.
9.Garden.
10.Over-head tank for water supply.
11.Electric pump and motor for water supply.
12.Playground.
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SCHEDULE - II
(See Section 4)
RATE OF DEPRECIATION
Type of building Rate of depreciation per annum
(1) (2)
1. Buildings built in lime mortar and in which teak has been used through out. 1.0 per cent
2. Buildings built partly of brick in lime mortar and partly of brick in mud and in which teak has been used. 1.5 per cent
3. Buildings built in brick in mud and in which country wood has been used. 2.0 percent
4. Buildings which are inferior to those of class 3 with brick-in-mud unplastered walls and mud floors and in which cheap country wood has been used. 4.0 per cent
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