Section 3A in The Tamil Nadu Buildings (Lease and Rent Control) Act, 1960
3A. [ Release of building. [Inserted by section 5 of the Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1973 (Tamil Nadu Act 23 of 1973).]
(1)A landlord may apply to the authorized officer for the release of a building in respect of which a notice has been given under sub-section (1) of section 3 or in respect of which, the Government are, under sub-section (5) of section 3, deemed to be the tenant if-(a)in the case of a residential building, the landlord requires it for his own occupation or for the occupation of any member of his family and the landlord or the member of his family is not occupying any residential building of his own in the city, town or village concerned;(b)in the case of a non-residential building which is used for the purpose of keeping a vehicle or adapted for such use, the landlord requires it for his own use or for the use of any member of his family and the landlord or the member of his family is not using any such building of his own in the city, town or village concerned;(c)in the case of any non-residential building other than the non-residential building mentioned in clause (b), the landlord or any other member of his family requires it for the purpose of his business and the landlord or the member of his family does not occupy any such non-residential building of his own for the purpose of his business in the city, town or village concerned; or(d)the building, whether residential or non-residential, whose landlord is a religious, charitable, educational or other public institution, is required for the purposes of such institution.(2)The authorized officer may, if he is satisfied that the claim of the landlord is bona fide and reasonable, make an order releasing the building subject to such conditions and restrictions as he may think fit and if he is not so satisfied make an order rejecting the application made under sub-section (1).(3)Any person who is aggrieved by an order passed by the authorized officer under sub-section (2) may, within fifteen days from the date of receipt of such order, prefer an appeal to the Government and the Government shall pass such order as they deem fit and on such appeal being preferred, the Government may order stay of further proceedings in the matter pending decision on the appeal.(4)A building released in pursuance of an order made under sub-section (2) shall, within thirty days of the date of the receipt of the order or such further period as may be allowed by the authorized officer, be occupied by the landlord or by the member of his family for whose occupation the building was required to be released or shall be put to such use for which the release was obtained.(5)Where a building released under sub-section (2) has not been occupied by the landlord or by the member of his family or has not been put to such use for which the release was obtained within the period specified in sub-section (4), but is either let out or kept vacant tire whole or any part of the building, or put to use other than the one of which the release was obtained, such building shall be deemed to have become vacant from the date of the expiry of the period specified in sub-section (4) and the provisions of [sub-sections (1), (1-A), (3), (4), (5), (7) and (9) of section 3] [Added by section 4(8) of the 'Tamil Nadu Buildings (Lease and Rent-Control) Amendment Act, 1973 (Tamil Nadu Act 23 of 1973).] shall apply to such building.]
