Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Section 4] [Entire Act]

State of Puducherry - Subsection

Section 4(9) in Puducherry Buildings (Lease and Rent Control) Act, 1969

(9)
(a)
(i)Any officer 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) 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:
Provided that in cases where any landlord has been refused permission for the occupation of a building under clause (c) of sub-section (8), not less than seven days notice shall be given before action is taken under this sub-section.
(b)If free access to the building is not afforded to the officer empowered under sub-clause (i) of clause (a), he may at any time after sunrise and before sunset, and 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 provisions of this Act for the period of his 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 (which determination shall be final).
(d)[ (i) If the authorised officer who takes possession of the building under clause (a), is of the opinion that the building is not in a tenantable condition, he may prepare or cause to be prepared an estimate of the repairs necessary including white-washing to make the building tenantable and give notice to the landlord to carry out the repairs within a reasonable time; [Inserted by Act No.8 of 1980 which came into force w.e.f 30.07.1980.]
(ii)If the landlord fails to make necessary repairs to the building within such reasonable time, the authorised officer may make such repairs including whitewashing or allot the building subject to the condition that the allot the building subject to the condition that the allotee shall carry out the repairs including whitewashing according to the aforesaid estimate and deduct the cost of such repairs from the rent payable to the landlord in such monthly instalments as may be specified by the authorised officer:
Provided that in no case such monthly instalment shall exceed one-half of the monthly rent payable by the tenant].