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[Cites 0, Cited by 3] [Section 3] [Entire Act]

State of Tamilnadu - Subsection

Section 3(9) in The Tamil Nadu Buildings (Lease and Rent Control) Act, 1960

(9)
(a)
(i)Any office re 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) [or under sub-section (1-A)] [Inserted by section 2(2)(b) of the Tamil Nadu Building (Lease and Bent Control) Amendment Act, 1979 (Tamil Nadu Act 1 of 1980).] 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.
[.......] [Proviso and the Explanations were omitted by section 4(7)(i) of the Tamil Nadu Building (Lease and Rent Control) Amendment Act, 1973 (Tamil Nadu Act 23 of 1973).]
(b)If free access to the buildings is not afforded to the officer empowered under sub-clause (i) of clause (a), [or under sub-section (1-A)] [Inserted by section 2(2)(b) of the Tamil Nadu Building (Lease and Rent Control) Amendment Art, 1979(Tamil Nadu Act 1 of 1980).] he may, at any time after sunrise and before sunset, and 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) I [or under sub-section (1-A)] [Inserted by section 2(2)(c) of the Tamil Nadu Building (Lease and Rent Control) Amendment Art, 1979(Tamil Nadu Act 1 of 1980).] 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 the clause, whether such period was before or after the date of the commencement of this Act; 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 [.....] [Added by section 4(7)(ii) of the Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1973 (Tamil Nadu Act 23 of 1973).] officer who takes possession of the building under clause (a) [or under sub-section (1-A)] [Inserted by section 2(2)(d)(i)(B) of the Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1979 (Tamil Nadu Act 1 of 1980).], is of the opinion that the building is not in a tenant table condition, he may prepare or cause to be prepared an estimate of the repairs necessary to make the building tenantable and give notice to the landlord to carry out the repairs within a reasonable time.
(ii)If the landlord fails to make necessary repairs to the building within such reasonable time, the [said] [Substituted for 'authorised' of the Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1979 (Tamil Nadu Act 1 of 1980).] officer may make such repairs, or allot the building subject to the condition that the allottee shall carry out the repairs according to the aforesaid estimate and deduct the cost of such repairs from the rent payable to the landlord in such monthly installment as may be specified by the [said officer] [Substituted for the words 'authorised officer' by section 2(2)(d)(ii) of the Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1979 (Tamil Nadu Act 1 of 1980).]:
Provided that in no case such monthly installment shall exceed one-half of the monthly rent payable by the tenant.]