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State of Goa - Section

Section 6 in The Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968

6. Requisitioning of building.

(1)Within fifteen days of receipt, by the Authorised Officer, of the notice under sub-section (1) of section 4, or sub-section (2) of section 5, the Authorised Officer, may, if he is of the opinion that the building is required for the purpose of the Government or of any local authority or of any public institution under the control of the Government or for the occupation of any officer or employee of the Government or a local authority, issue an order in the prescribed form giving intimation to that effect to the landlord, and calling upon the landlord to hand over possession of the building to him or any other officer empowered by him for this purpose on a date to be specified by him in this behalf in the said order, or on any other later date, as may be specified by him.
(2)
(a)On receipt of the order issued under sub-section (1), the landlord shall deliver vacant possession of the building to the Authorised Officer or any officer empowered by him for this purpose.
(b)If the landlord fails to deliver the possession on the date so specified, the Authorised Officer or any other officer empowered by him in this behalf may take possession of the building.
(3)As soon as may be after the possession of the building is taken over under sub-section (2), the Authorised Officer shall, after giving notice in this behalf to the landlord and hearing him and after holding such inquiry as he deems fit, determine the monthly rent payable to the landlord for the building on the following basis namely:-
(a)where the fair rent of the building is fixed under the provisions of Chapter III, the rent shall be the fair rent so fixed;
(b)in all other cases, the rent shall be the reasonable rent as the Authorised Officer may determine:
Provided that the reasonable rent fixed by the Authorised Officer shall be subject to such fair rent as may be determined by the Rent Tribunal.
(4)The landlord shall be entitled to payment of rent determined under sub-section (3),-
(a)where possession of the building has been handed over on the date specified in the order issued under sub-section (1), from the date on which the Authorised Officer received notice under sub-section (1) of section 4 or sub-section (2) of section 5, as the case may be;
(b)in any other case, from the date on which the possession of the building has been taken over by the Authorised Officer or the officer empowered by him in this behalf.
(5)The Authorised Officer may, by order in writing, allot the building for the purpose for which it was taken, over and the allottee shall hold it subject to such terms and conditions as may be specified in the allotment order.