Section 4 in Tripura Buildings (Lease and Rent Control) Act, 1975
4. Notice of vacancy.
(1)(a)Every landlord may within fifteen days before completion and shall, within fifteen days after the construction or reconstruction of a building intended to be let out or after a building becomes vacant by his ceasing to occupy it, or by the termination of a tenancy, or by release from requisition by the State Government or any other competent authority, give notice of the availability or vacancy in writing to the Accommodation Controller.(b)Every tenant shall within fifteen days of his vacating a building occupied by him give notice of the same in writing to the Accommodation Controller :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 sub-section (3), clause (iv) of sub-section (4) and sub-sections (7) and (8) of section 12.(c)Every notice given under clause (a) shall contain such particulars as may be prescribed.(2)If the tenant of a building puts another person in occupation thereof and does not re-occupy it within a period of three months, on the expiry of such period, the tenancy shall be deemed to have 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 Accommodation Controller within fifteen days of such termination.Provided that the tenant may, before the expiry of three months apply to the Accommodation Controller to re-occupy the building within a period of six months and if such permission is granted, 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 Accommodation Controller under sub-section (1) and in conformity with the provisions of this section.(3)If, within fifteen days of the receipt by the Accommodation Controller of a notice under sub-section (1) or sub-section (2), the Accommodation Controller does not intimate to the landlord in writing that building is required for the purpose of the State Government or Central Government or of any public institution or for the occupation of any officer of such Government, or local authority, the landlord shall be at liberty to let the building to any tenant or to occupy it himself.(4)The land lord shall not let the building to a tenant or occupy it himself, before the expiry of the period specified in sub-section (3) unless in the mean time he has received intimation that the building is not required for the purposes or for occupation by any of the persons specified in that subsection.(5)If the building is required for the purposes of the state Government or the Central Government or a local authority or any public institution or for the occupation of any officer of such Government or local authority, or for occupation by any of the persons specified in sub-section (3), the landlord shall deliver possession of the building to the Accommodation Controller and the State Government, the Central Government, the local authority or public institution or officer or person shall be deemed to be the tenant of the landlord, with retrospective effect from the date on which the Accommodation Controller 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 in default of an agreement, as may be determined under section 5 :Provided 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 fair rent as may be determined in accordance with the provisions of this Act :Provided further that a building used as a residential building shall not be used as a non-residential building or vice versa unless the Accommodation Controller after hearing the landlord grants permission in this regard :Provided also that no structural alteration shall be made in the building unless the consent in writing of the landlord is also obtained therefor.(6)(a)where a landlord has two or more residential buildings in the same town or village and they have not been let by him, the landlord may choose any of such buildings for his occupation or occupation of any member of his family dependent on him and shall give notice to the Accommodation Controller specifying the building so chosen by him and every other building not so chosen.(b)Every notice given by landlord under clause (a) shall in so far as it relates to any building other than the one chosen by him for his own occupation, be deemed to be a notice under sub-section (1) and the provisions of sub-section (3) shall thereupon apply in respect of such buildings.(c)The Accommodation Controller shall allot the building vested in him under sub-section (5) or sub-section (6) to persons mentioned in sub-section (3) according to the rules and priorities prescribed by the State Government.(7)(a)Any officer empowered by the State Government in this behalf may summarily dispossess -(i)any landlord, tenant or other person occupying any building in contravention of the provisions of this section or any landlord who fails to deliver possession of any building under sub-section (5),(ii)any officer, person, local authority or public institution continuing to occupy, or failing to deliver possession of, any building 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.(b)If free access to the building is not afforded to the officer empowered under clause (a) he may, between 6 A. M. and 6 P. M. 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) shall pay to the State 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 that clause ; and(ii)the expenses, if any, incurred by the State Government in effecting such summary dispossession, as determined by them, which determination shall be final.(8)Nothing contained in this section shall apply--(a)to any building of which the rent does not, or where the rent has not been fixed, the fair rent would not, when fixed, exceed fifty rupees per mensem ; or(b)to any building or buildings owned by any company, association or firm, whether incorporated or not and bonafide intended solely for the occupation of its officers, servants or agents and situated in the same city, town or village.
