Section 3 in The Tamil Nadu Buildings (Lease and Rent Control) Act, 1960
3. Notice of vacancy.
(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 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.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] [Substituted for the word 'whole' by section 4(l)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1973 (Tamil Nadu Act 23 of 1973).] of it to a tenant; or(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] [Substituted for the word 'whole' by the Tamil Nadu Act 23 of 1973.] of it to a tenant, or allows the [whole or part] [Substituted for the word 'whole' by the Tamil Nadu Act 23 of 1973.] to be occupied by any person; or(ii)who, without obtaining such vacant possession, allows the seller to occupy the Substituted for the word 'whole" by section 4(l)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1973 (Tamil Nadu Act 23 of 1973). [whole or part] [Substituted for the word 'whole' by the Tamil Nadu Act 23 of 1973.] 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.[(1-A) No landlord, whose building has become vacant consequent on,-(a)the termination of a tenancy, or(b)the eviction of the tenant, or(c)the release from requisition, where any building has been requisitioned under any law for the time being in force other than this Act, whether or not notice of vacancy under sub-section (1) was given by him, shall occupy himself the whole or part of it, or let the whole or part of it to a tenant or allow the whole or part of it to be occupied by any person and any officer empowered by the Government in this behalf may summarily dispossess-(i)any landlord occupying such building, and(ii)any tenant or other person to whom the building was let out or allowed by the landlord for occupation, in contravention of the provisions of this sub-section, and the said officer may take possession of the building including any portion thereof which may have been occupied or let, as the case may be. The Government shall be deemed to be the tenant of such building with effect from the date of taking such possession.](2)[In the City of [Chennai] [Substituted for the words and bracket 'In any municipality (including the City of Madras)' by Tamil Nadu Act 23 of 1973.] or in the City of Madurai or in any municipality] [Inserted by Tamil Nadu Act 1 of 1980.] to which this sub-section has been applied under clause (b)of sub-section (2) of section 1, where the tenant of a building puts another person in occupation thereof and does not re-occupy it within a period 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 authorized officer within seven days of such termination:Provided that where the tenant obtains written permission from the authorized 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 authorized officer under sub-section (1) and in conformity with the provisions of this section.(3)[If within ten days of the receipt by the authorized officer of a notice from the landlord under sub-section (1) or sub-section (2)] [Substituted for the words, brackets and figure 'If, within seven days of the receipt by the authorized officer of a notice under sub-section (1)' by section 4(3) of the Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1973 (Tamil Nadu Act 23 of 1973).], the Government or the authorized officer do or does not intimate to the landlord in writing that the building is required for the purposes of the 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 an application made by the landlord, within fifteen days from the date of the communication of the intimation by the authorized officer under sub-section (3) rectify any error apparent on the face of the record.] [Inserted by section 4(4) by section 4(3) of the Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1973 (Tamil Nadu Act 23 of 1973).](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 this period of [ten days] [Substituted for the words 'seven days' by section 4(5) of the Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1973 (Tamil Nadu Act 23 of 1973).] specified in sub-section (3), unless in the mean time he has received intimation from the authorized 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 purposes, 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 authorized officer, or to the allottee named by the authorized 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 authorized 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 if default of an agreement, as may be determined by the Controller:Provided that where the landlord fails to deliver possession of the building to the authorized 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 authorized 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 possession:Provided further that where owing to any omission or act or obstructive or preventive tactics 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 later date as may be fixed by the authorized 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 authorized officer may determine, in such manner as may be prescribed:Provided also that the reasonable rent fixed by the authorized officer under the foregoing provision 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 the 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.(6)If, in the case of a residential building, the possession of which has been delivered to the authorized officer under sub-section (5) and in the occupation of an officer of the 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 cases not falling under sub-section (5), where the landlord lets the building to any tenant after giving notice to the authorized officer under subsection (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)Omitted fry section 4(6) of the Tamil Nadu Building, (Lease and Rent Control Amendment Act, 1973 (Tamil Nadu Act 23 of 1973).(9)(a)(i)Any office re 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) [or under sub-section (1-A)] [Inserted by section 2(2)(b) of the Tamil Nadu Building (Lease and Bent Control) Amendment Act, 1979 (Tamil Nadu Act 1 of 1980).] 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.[.......] [Proviso and the Explanations were omitted by section 4(7)(i) of the Tamil Nadu Building (Lease and Rent Control) Amendment Act, 1973 (Tamil Nadu Act 23 of 1973).](b)If free access to the buildings is not afforded to the officer empowered under sub-clause (i) of clause (a), [or under sub-section (1-A)] [Inserted by section 2(2)(b) of the Tamil Nadu Building (Lease and Rent Control) Amendment Art, 1979(Tamil Nadu Act 1 of 1980).] he may, at any time after sunrise and before sunset, and after giving reasonable warning and facility to withdraw to any women 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.(c)Any landlord, tenant, or other person or any officer, local authority or public institution, liable to be summarily dispossessed under clause (a) I [or under sub-section (1-A)] [Inserted by section 2(2)(c) of the Tamil Nadu Building (Lease and Rent Control) Amendment Art, 1979(Tamil Nadu Act 1 of 1980).] shall pay to the Government -(i)The fair rent payable for the building under the provisions of this Act for the period of his or its occupation or possession thereof as described in the clause, whether such period was before or after the date of the commencement of this Act; 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 [.....] [Added by section 4(7)(ii) of the Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1973 (Tamil Nadu Act 23 of 1973).] officer who takes possession of the building under clause (a) [or under sub-section (1-A)] [Inserted by section 2(2)(d)(i)(B) of the Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1979 (Tamil Nadu Act 1 of 1980).], is of the opinion that the building is not in a tenant table condition, he may prepare or cause to be prepared an estimate of the repairs necessary 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 [said] [Substituted for 'authorised' of the Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1979 (Tamil Nadu Act 1 of 1980).] officer may make such repairs, or allot the building subject to the condition that the allottee shall carry out the repairs according to the aforesaid estimate and deduct the cost of such repairs from the rent payable to the landlord in such monthly installment as may be specified by the [said officer] [Substituted for the words 'authorised officer' by section 2(2)(d)(ii) of the Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1979 (Tamil Nadu Act 1 of 1980).]:Provided that in no case such monthly installment 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(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; or(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 city, town or village, owned by any company, association or firm, whether incorporated or not, and bona fide intended solely for the occupation of its officer, servants or agents.Explanation. - In clause (c) "full owner" means a person entitled to the absolute proprietorship of the building.
