Section 3 in Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960
3. Notice of vacancy.
(1)(a)Every landlord shall, within ten days after the building becomes vacant by his ceasing to occupy it, or by the termination of a tenancy, or by the eviction of the tenant or by release from requisition or otherwise, give notice of the vacancy in writing to the officer authorised in that behalf by the Government.Explanation. - A landlord who, having obtained possession of a 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.(b)Every notice given under clause (a) shall contain such particulars as may be prescribed.(2)[In any Municipal Corporation or in any Municipality] [Inserted by Act No.27 of 1997.] (including the cities of Hyderabad and Secunderabad, [Visakhapatnam and Vijayawada] [Inserted by Act No.22 of 1985.]) 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 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 authorised officer within seven days of such termination:Provided that where the tenant obtains written permission from the authorised 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 authorised officer under sub-section (1) and in conformity with the provisions of this section.(3)If, within fifteen days of the receipt by the authorised officer of a notice under sub-section (1) or sub-section (2), the Government or the authorised officer does not intimate to the landlord in writing that the building is required for the purposes of the State Government or the 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.(4)(a)The authorised officer may, on receipt of an application from the landlord, or on receipt of a direction from the Government in pursuance of an application made to them by the landlord, release a building for the occupation of the landlord.(b)A landlord who has obtained possession of a building in pursuance of an order under clause (a) shall occupy it himself and if he does not himself occupy it but proposes either to let out or keep vacant the whole or any part of the building for a period exceeding that permitted by the authorised officer by order in writing, he shall give notice as required under sub-section (1) as if the building has fallen vacant.(c)Where a landlord fails to give intimation to the authorised officer as required under clause (b), the Government or the authorised officer shall have power, if the building is required for any of the purposes, or for occupation by any of the officers specified in sub-section (3), to give intimation to the landlord that the building is so required and thereupon the provisions of sub-sections (6) and (8) shall apply to the building.(5)The landlord shall not let the building to a tenant or occupy it himself, before the expiry of the period of fifteen days specified in sub-section (3), unless in the meantime he has received intimation that the building is not required for the purposes, or for occupation by any of the officers, specified in that sub-section.(6)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 to the authorised officer or to the allottee, named by the authorised 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 authorised 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 in default of an agreement, as may be determined by the Controller:Provided that-(i)where the landlord fails to deliver possession of the building to the authorised 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 authorised 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;(ii)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 authorised officer having regard to the circumstances of each case;(iii)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 authorised officer may determine;(iv)the reasonable rent fixed by the authorised officer under the foregoing proviso shall be subject to such fair rent as may be determined by the Controller;(v)if the building is a residential building, it shall not be converted into a non-residential building unless the permission in writing of the Controller is obtained under section 18;(vi)no structural alterations shall be made in the building, unless the consent of the landlord is also obtained therefor.(7)In cases not falling under sub-section (6) where the landlord, without having occupied the building himself, lets it to any tenant after a notice is given to the authorised officer under sub-section (1) or sub-section (2), the tenancy shall be deemed to have been ante-dated by the number of days during which the landlord was prohibited from letting the building to any tenant by virtue of sub-section (5) and the tenant shall be liable to pay for those days also.(8)(a)Any officer empowered by the 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 to the Government possession of any building in respect of which they are deemed to be the tenant by virtue of this section, or(ii)any officer, local authority or public institution continuing to occupy, or failing to deliver possession of, any building in respect of which the Government are 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.Explanation. - The provisions of this clause shall apply also to cases which, arose before the date of the commencement of this Act.(b)If free access to the building is not afforded to the officer empowered under clause (a) he may after giving reasonable warning and facility to withdraw to any woman 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 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 Government in effecting such summary dispossession, as determined by them.(9)Nothing 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 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 officers, servants or agents.
