MADRAS BUILDINGS (LEASE AND RENT CONTROL) ACT, 1949

Act No. 25 of 1949

14th December, 1949

An Act to regulate the leasing of buildings and for control of rent in the Province of Madras. WHEREAS it is expedient to regulate the letting of residential and non-residential buildings and to control the rents of such buildings and to prevent unreasonable eviction of tenants therefrom in the Province; It is hereby enacted as follows: --1 1. For Statement of Objects and Reasons, see Fort St. George Gazette Extraordinary) dated the 31st October 1949, Part IV-A, page 429.

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S.1 Short title, application, commencement and duration

(1) This Act may be called the Madras Buildings (Lease and Rent Control) Act, 1949.

1(2) (a) This Act, except section 3, sub-section (2), shall apply to the City of Madras and to all other municipalities in the State:

2[Provided that the State Government may, by notification in the Fort St. George Gazette, direct that this Act shall cease to apply to any municipality specified therein from such date as may be mentioned in the notification.]

(b) Section 3, sub-section (2), shall apply to the City of Madras or any other municipality in the State, if the State Government, by notification in the Fort St. George Gazette, so direct.

(c) The State Government may, by notification in the Fort St. George Gazette, apply all or any of the provisions of this Act except section 3, sub-section (2), to any other area in the State with effect from such date as may be specified in the notification, and may cancel or modify any such notification.]

S.2 Definitions

In this Act, unless there is anything repugnant in the subject or context --

(1) "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;

(2) " Controller" means any person appointed to perform the functions of a Controller under this Act;

(3) "landlord" includes the person who is receiving or is entitled to receive the rent of a building, whether on his own account or on behalf of another or on behalf of himself and others or as an agent, trustee, executor, administrator, receiver or guardian or who would so rec

S.3 Notice of vacancy

1[(1) (a) Every landlord shall, within seven days after the building becomes vacant by his ceasing to occupy it, or by the termination of a tenancy, or by release from requisition give notice of the vacancy in writing to the officer authorized in that behalf by the State Government (hereinafter in this section referred to as the 'authorized officer'):

Provided that this sub-section shall not apply to a building in respect of which the landlord has obtained an order for possession on any of the grounds specified in section 7, sub-section (3).

(b) Every notice given under clause (a) shall contain such particulars as may be prescribed.

(2) In any municipality (including the City of Madras) to which this sub-section has been applied under section 1(2) (b), where, after the commencement of the Madras Buildings (Lease and Rent Control) Amendment Act, 1951 (Madras Act VIII of 1951), the tenant of a building puts another person in occupation thereof and does

S.4 Determination of fair rent

(1) The Controller shall, on application by the tenant or landlord of a building, fix the fair rent for such building after holding such inquiry 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 1st April 1940;
• (b) to the rental value as entered in the property tax assessment book of the municipal council, local board or the Corporation of Madras, as the case may be, 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 ether like sum in addition to rent after the 1st April 1940.

(3) In fixing the fair rent of residential buildings, the Controller may allow--

• (i) if the rate of rent or rental value referred
  

S.5 Increase in fair rent in what cases admissible

1[(1)] When the fair rent of a building has been fixed 2[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 landlord's expense and if the building is then in the occupation of a tenant, at his request:

Provided that the fair rent as increased 3[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 tenant in regard to any increase claimed 3[under this sub-section] shall be decided by the Controller.

4[(2) Where, after the fair rent of a building has been fixed under this Act, there is a decrease or diminution in the accommodatio

S.5-A Increase of rent in certain cases

1[(1) Where the amount of the taxes and cesses 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 to 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 regard to any increase claimed under sub-section (1) shall be decided by the Contoller.]

1. This section was inserted by section 6, ibid.

S.6 Landlord not to claim or receive anything in excess of fair rent or agreed rent

1[(1) Where the Controller has determined 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 5-A, 2anything in excess of such fair rent]:

Provided that the landlord may receive, or stipulate for the payment of, an amount not exceeding two 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 option of such, person, shall be otherwise adjusted by the landlord:

Provided that where before the determination of the

S.6-A Right of tenant paying rent or advance to receipt

1[(1) Every tenant who makes a payment on account of rent or advance shall be entitled to obtain a receipt in the prescribed form for the amount paid duly signed by the landlord or his authorized agent.

(2) Where a landlord refuses to accept, or evades the receipt of, any rent lawfully payable to him by a tenant in receipt 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 specify from time to time by a written notice to the tenant and subject to the proviso aforesaid, a bank different from the one already spec

S.6-B Right of tenant to deposit rent in certain cases

(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, together with such fee as may be prescribed for the service of the notice referred to in sub-section (2), 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, together with the fee prescribed as aforesaid, before the same authority and in the same manner until the address of the landlord or his authorized agent becomes known to the tenant.

(2) When any deposit is made under sub-section (1) the Controller shall cause notice of the deposit to be, served by affixture at the last known place of residence of the landlord and in such other manner its may be prescribed; and the amount deposited may, subject to such conditions as may be prescribed, be withdrawn by the landlord on application made by him to t

S.7 Eviction of tenants

(1) A tenant 1[ ] shall not be evicted 1[ ] whether in execution of a decree or otherwise 1[ ]except in accordance with the provisions of this section:

Provided that nothing contained in this section shall apply to a tenant whose landlord is the 2[State] 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 this section, 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

S.7-A Payment or deposit of rent during the pendency of proceedings for eviction

1[(1) No tenant against whom an application for eviction has been made by a landlord under section 7, shall be entitled to contest the application before the Controller under that section, or to prefer any appeal under section 12 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 deposit, and continues to pay or to deposit any rent which may subsequently become due in respect of the building 2[ . . . ],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 and shall be accompanied by the fee prescribed for the service of the notice referred to in sub-section (5).

(3) Where there

S.8 Landlord not to interfere with amenities enjoyed by the tenant

(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.

1[(2-A) If the tenant satisfies the Controller that the amenities were cut off or withheld with a view to compel him to vacate the building or to pay an enhanced rent, the Controller may pass an interim order, directing the landlord to restore the amenities immediately, pending the enquiry referred to in sub-section (3).

Explanation.- An interim order may be passed under this sub-section without giving notice to the landlord.]

(3) If the Controller on inquiry finds that the tonant has been in enjoyment of the amenities and that they were cut off or withheld by the landlord without just or sufficient cause, he shall make an order directing the la

S.9 Execution orders

1[Every order made under section 7 or section 8 and every order passed on appeal under section 12 or on revision under section 12-B shall be executed--

• (i) in the City of Madras, by the Principal Judge of the Madras City Civil Court and during the vacation of that Court, by the Vacation Judge of the Court of Small Causes, Madras;
• (ii) elsewhere--

• (a) by the District Munsif or if there are more than one District Munsif, by the Principal District Munsif having original jurisdiction over the area in which the building is situated; or
• (b) if there is no such District Munsif, by the Subordinate Judge, or if there are more than one Subordinate Judge, by the Principal Subordinate Judge having original jurisdiction over the area aforesaid; or
• (c) if there is no such District Munsif or Subordinate Judge, by the District Judge having jurisdiction;

as if it were a decree passed by him:

Provided that an

S.10 Decisions which have become final not to be reopened

The Controller shall summarily reject any application under sub-section (2) or under sub-section (3) of section 7 which 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 the Madras House Rent Control Order, 1945, or the Madras Non-Residential Building Kent Control Order, 1945, or
• (ii) under the Madras Buildings (Lease and Rent Control) Act, 1946 (Madras Act XV of 1946), or on or after the 1st October 1948, under that Act, on the footing that it was in force at the relevant time, or
• (iii) under the Act aforesaid as applied to 1[the Pudukkottai State] under the 2[Foreign Jurisdiction Act,] 1947 (Central Act XLVII of 1947), on the footing aforesaid, or
• (iv) under the Madras Buildings (Leased and Rent Control) Ordinance, 1949 (Madras Ordinance V of 19
  

S.10-A Orders of Controller to be pronounced in open Court

1[Every order passed by a Controller 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.]

1. This section was inserted by section 13 of the Madras Buildings (Lease and Rent Control) Amendment Act, 1951 (Madras Act VIII of 1951)

S.11 Conversion of nonresidential buildings and failure by landlord to make necessary repairs

(1) No residential building shall be converted into a non-residential building except with the permission in writing of the Controller.

(2) If a landlord fails to make the necessary repairs to the building within a reasonable time after notice is given by the tenant, it shall be competent for the Controller to direct on application by the tenant that such repairs may be made by the tenant and that the cost thereof may be deducted from the rent which is payable by him:

1[Provided that the amount that may be so deducted in any one year shall not exceed one-twelfth of the rent payable in respect of the building for that year.]

1. This proviso was added by section 14 of the Madras Buildings (Lease and Rent Control) Amendment Act, 1951 (Madras Act VIII of 1951).

S.12 Appeal

(1) (a) The 1[State] Government may, by general or special order notified in the Fort St. George Gazette, confer on such officers and authorities as they think fit, the powers of appellate authorities for the purposes of this Act, in such areas or 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 2[date of such order], prefer an appeal in writing to the appellate authority having jurisdiction.

3[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.

(3) The appellate authority shall send for the records of the case from the Controller and after giving the parties an opportunity of being hoard and, if

S.12-A Costs

1[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 12 shall be in the discretion of the Controller or 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. Sections 12-A to 12-E were inserted by section 16, ibid.

S.12-B Revision

(1) The High Court, in the case of an authority empowered by section 9 to execute an order, or of an appellate authority empowered Tinder section 12, and functioning in the "Presidency-town and the District Court concerned in the case of any such authority so empowered and functioning in a district, 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 such authority for the purpose of satisfying itself as to the legality, regularity or propriety of such order or proceeding, and may pass such order in reference thereto, as it thinks fit.

(2) The costs of and incident to all proceedings before the High Court or District Court under sub-section (1) shall be in its discretion.

Explanation.--The jurisdiction of the High Court or District Court under this section shall extend also to orders passed or proceedings taken at anytime within six months before the commenceme

S.12-C Order under the Act to be binding on sub-tenants

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, provided that such order was not obtained by fraud or collusion.

S.12-D Proceedings by or against legal representatives

(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 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.

S.12-E Summonses to public servants

Subject to such conditions and limitations as may be prescribed, the Controller may, in his discretion, issue summonses to public servants requiring them to attend in person to give evidence or to produce documents in their custody in connexion with any proceedings before him.]

S.13 Exemptions

Notwithstanding anything contained in this Act, the 1[State] Government may, by notification in the Fort St. George Gazette, exempt any building or class of buildings from all or any of the provisions of this Act.

1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

S.14 Executive authorities of local bodies to furnish certified extracts from property tax assessment books

The executive authority of a municipal council or local board or the Revenue Officer of the Corporation of Madras shall, on application made in this behalf and on payment of such fee as may, from time to time, be fixed by the 1[State] Government by notification in the Fort St. George Gazette, grant to the applicant a certified copy of the extract from the property-tax assessment book of the municipal council, local board or the Corporation of Madras, 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 facts stated therein, in proceedings under this Act.

1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

S.15 Landlord and tenant to furnish particulars

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, such particulars in respect of the building as may be prescribed by rules made under this Act.

S.16 Penalties

(1) If any person contravenes any of the provisions of 1[sub-sections (1), (2), (4), (5) and (7) of section 3, subsections (1) (a) and (2) (a) of section 6,] sub-section (1) of section 8, sub-section (1) of section 11 and section 15, he shall be punishable with simple imprisonment for a term which may extend to three months or with fine which may extend to two thousand rupees or with both.

(2) Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898(Central Act V of 1898), it shall be lawful for any Magistrate of the first class specially empowered by the 2[State] Government in this behalf and for any Presidency Magistrate to pass a sentence of fine exceeding one thousand rupees when awarding punishment under sub-section (1) 3[or for the contravention of any rule made punishable under section 17 (3)].

1. These words, brackets, figures and letters were substituted for the words, brackets, figures and

S.17 Power to make rules

(1) The 1[State] Government may 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--

• 2[(a) all matters expressly required or allowed by this Act to be prescribed;]
• 2[(b)] the procedure to be followed by Controllers and appellate authorities in the performance of their functions under this Act;
• 2[(c)) the manner in which notices and orders under this Act shall be given or served;
• 3[(d) setting aside ex-parte orders passed under this Act;
• 3(e) applications for making legal representatives of deceased persons, parties to proceedings under this Act and the time within which such applications shall be preferred.]

4[(3) In making a rule under this section, the State Government may provide that a person who contravenes any of the provisions thereof shall b

S.18 Continuance in force of existing proceedings, orders, etc

(1) All proceedings commenced and all action taken --

• (i) under the Madras House Rent Control Order, 1945, or the Madras Non-Residential Building Rent Control Order, 1945, or
• (ii) under the Madras Buildings (Lease and Rent Control) Act, 1946(Madras Act XV of 1946) (hereinafter in this section and in sections 20 and 21 referred to as the said Act) or on or after the 1st October 1948(Madras Act XV of 1946)z, under that Act, on the footing that it was in force at the relevant time, or
• (iii) under the said Act as applied to 1[the Pudukkottai State] under the 2[Foreign Jurisdiction Act,] 1947(Central Act XLVII of 1947), on the footing aforesaid, or
• (iv) under the Madras Buildings (Lease and Rent Control) Ordinance, 1949(Madras Ordinance V of 1949) (hereinafter in this section and in section 20 referred to as the said Ordinance),

and pending at the commencement of this Act, shall, so far as may be, be deemed to h

S.19 Saving on expiration of Act

The expiration of this Act shall not--

• (a) render recoverable any sum which during the continuance thereof was irrecoverable or affect the right of a tenant to recover any sum which during the continuance of this Act was recoverable by him thereunder,
• (b) affect any liability incurred under this Act or any punishment incurred in respect of any contravention of this Act or any order made thereunder,
• (c) affect any investigation or legal proceeding in respect of any such liability or punishment as aforesaid, and any such investigation or legal proceeding may be instituted, continued or enforced and any such punishment may be imposed, as if this Act had not expired.

S.20 Saving and validation

(1) Any rule or order made or deemed or purporting to have been made, any decision or direction given or deemed or purporting to have boon given, any notification issued or deemed or purporting to have been issued, any action or proceeding taken or deemed or purporting to have been taken, or anything done or deemed or purporting to have been done--

• (i) under any provision of the said Act, and in force immediately before the 1st October 1948, or
• (ii) on or after the 1st October 1948 under any provision of the said Act on the footing that the said Act was in force at the relevant time, or
• (iii) under any provision of the said Act as applied to 1[the Pudukkottai State] under the Extra-Provincial Jurisdiction Act, 1947(Central Act XLVII of 1947), on the fooling aforesaid, or
• (iv) under any provision of the said Ordinance,

shall, subject to any subsequent modification or cancellation thereof purporting to have been made on

S.21 Indemnity for acts, etc., done after expiry of Madras Act XV of 1946

(1) No suit, prosecution or other legal proceeding shall lie in any Court against any officer or servant of the 2[State] 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, any decision given or any act ordered or done by him, in exercise of any jurisdiction or power purporting to have been conferred on him by or under the said Act or the said Act as applied to 3[the Pudukkottai State], 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 2[State] 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 the said Act or the said Act as applied to 1[the State aforesaid]

S.22 Repeals

The Madras Buildings (Lease and Rent Control) Act, 1946(Madras Act XV of 1946), the Madras Buildings (Lease and Rent Control) Ordinance, 1949(Madras Ordinance V of 1949), and the Madras Buildings (Lease and Rent Control) Act, 1946(Madras Act XV of 1946), as applied to 1[the Pudukkottai State] under the 2[Foreign Jurisdiction Act], 1947(Central Act XLVII of 1947) are hereby repealed.

1. These words were substituted for the words "the Pudukkottai and Banganapalle States", by clause 3 of, and the Schedule to, the Madras Adaptation of Laws Order, 1954.

2. These words were substituted for the words "Extra-Provincial Jurisdiction Act", by section 4 of, and the Third Schedule to, the Madras Repealing and Amending Act, 1957 (Madras Act XXV of 1957).