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Kerala act 016 of 1959 : The Kerala Buildings (Lease and Rent Control) Act, 1959 (No.16 of 1959)

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THE KERALA BUILDiNGS (LEASE AND RENT

CONTROL) ACT, 1959

(Act 16 of 1959)

CONTENTS.

Sections. I Short Title.

2. Definitions.

3. Constitution of Rent Control Courts and Appointment of Accommodation Controllers

4. Notice of vacancy.

5. Determination of fair rent

6. Increase in fair rent in what cases admissible. '7. Increase of rent in certain cases.

8. Landlord not to claim or receive anything in excess of fair rent or agreed rent.

9 Right of tenant paying rent or advance to receipt.

10. Right of tenant to deposit rent in certain cases.

11. Eviction of tenants.

12. Payment or deposit of rent during the pendency of pro- ceedings for eviction.

13. Landlord not to interfere with amenities enJoyed by the tenant

• l 4. Execution of orders. l 5. Deci'>ions which have become final not to be re-opened.

16. Orders of Rent Control Court to be pronounced in open Court.

17. Conversion of bulldmgs and.' failure by landlord to make nect:ssary repairs.

18. Appeal. 1

22. Proceedings by or against legal representatives.

23. Summons etc.

24. Time within which proceedings have to be disposerl of

25. Exemptions.

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26. Executive authorities of local bodies to furnish certified extracts from property tax or house tax assessment books.

27. Landlord and tenant to furnish particulars.

28. Inspectors

29. Penalties.

30. Fixation of fair rent suo motu by coutt.

31. Application of the Limitation Act.

32. Power to make rules.

33. Continuance in force of existing proceedings, orders, etc.

34. Certain orders of :eviction to be voidable

35. Protection of action taken in good faith.

36. Repeal

SCHEDULE

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\15 *THE KERALA BUILDINGS (LEASE AND RENT

CONTROL) ACT, 1959

(ACT 16 OF 1959)

A11

ACT

to r~.~ulat~ the l~asrll.f!. of bm{dmfts a11d to coutrot the re11t of such lmilclw~s i11 !Ire Staff' of Kc1aln

WHEREAS it is expedient to regulate the letting of buildings and to control the rents of such buildings and to prevent unrea- sonable eviction of tenants therefrom in the State of Kerala; BE it enacted in the Tenth Year of the Republic of India as follows:-

1: Sliolltrtl~, nptlzcrzltou, commcncemc11l a11d duralro11.-

(1) This Act may be called the Kerala Buildings (Lease and Rent Control) Act, 195q,

(2) lt applies to the areas mentioned in the Schedule.

(3) The Government may, by notification in the Gazette, apply all or any of the provisions of this Act to any other area in the State with effect from such date as may be st>ecified in the notification and may, by like notification, cancel or modify such notification or withdraw the application of all or any of the pro- visions of this Act from any area to which this Act apphes under sub-section (2):

Provided that no such notification shall be issued unless it is supported by a resolution passed by the local authority or authorities, if any, of the areas affected by the notification.

(4) lt shall come into force on the 3rd day of Aprial ]q59 and remain in force up to and inclusive uf the 31st day of March ]<362.

2. V~frlllftom:-In this Act, unless the context otherwise requires,-

(1) ''huildingn means any building or hut or part of a huihhng or hut, let or to bJ let separately for residential or non- residential purposes and includes-

•RC"ccivt"d the a~~ant of the President on 28th May 1959 and published m the Gazette Extraordmary do~tt.>d 8th June 1959.

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(u) the garden, grounds, wells, tanks and structures, if any appurtenant to such building, hut or part of such building or hut, and let or to be let along with such building or hut;

(b) any furniture supplied by the landlord for use in such building or hut or part of a building or hut; but does not include a room in a hotel or boarding house;

(2) "Accommodation Controller" means any person appo- inted to perform the functions of an Accommodiation Comtroller under this Act;

(3) "landlord" include<> the person who is receiving or is entitled to receive the rent of a building, whether on his own account or on behalf of another or on behalf of himself and others or as an agent, trustee, executor, administrator, receiver or guardian or who would so receive the rent or be entitled to receive the rent, if the bmlding were let to a tenant; Explanatro11:-A tenant who sub·lets shall be deemed to be a landlord within the meaning of this Act in relation to the sub- ten ant;

(4) "prescribed" means prescribed by rules made under this Act ;

(5) ••Rent Control Court" means the Court constituted under section .3;

(6) "tenant" means any person by whom or on whose account rent is payable for a building and includes the ::.urviving spouse, or any son or daughter, of a deceased tenant who had been living with the tenant in the building as a member of the tenant's family up to the death of the tenant and a person con- tinuing in possession after the termination of the tenancy in his favour, but does not include a K'udikida ppukaran ac; defined in the Kerdla Stay of Eviction Proceedings Act, 1CJ57 (Act I of 1957) or a person placed in occupation of a bu1ldwg by its tenant or a person to whom the collection of rents or fees in a public market, cart-stand or slaughter-house or of rents for !>hops has been farmed out or leased by a municipal council or local board or Panchayat or Corporation;

('7) "un-conscionable renttt means any rent which IS more than double the maximum of the fair rent that could be fixed for a building under section 5.

3. Coustzfuho1, of Rcul Crm/1 ol Cou1 Is aud npporulmcul (lj Accommoda- ftoii Couflolltn.-(1) The Government may, by notifica1ion in the Gazette, appoint a person who is or is qualified to be appointed, ~ -

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a Mun~iflto he the Rent Control Court for such local areas a~ llldY be specified therein

(2) The Government may, by notification in the Gazette, I> appomt any Officer not below the rank of a Tahsildar to be the Accommodation Controller for any area to which thb Act applies,

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(3) The Accommodation Controller shall exercise his powers and perform h1s functions subJect to such general directions as the Government may issue.

4. l\'olrcc: of zacat~cy.-(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 Government or any other competent authonty, give notice of the availability or vacancy in writing to the Accommodation Controller. Every tenant shall withm fifteen days of hi'i 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 po~- se%ion on any of the grounds specified in sub-section (3), clause

(iv) of sub.section (4) and sub-sections (7) and (8) of section Jl.

(h) 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 occu .. pat ion 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 no1ice thereof in writing to the Accommodation Controller within fifteen days of such termination:

Provided that the tenant may, before the expiry of there month'i, apply to the Accommodation Controller to re-occupy the building within a period of six months and if such permission ic; granted, this sub-section shall have eftect as if for the period of three months specified therein, a period of six months were s u bst it u t eel.

F: rflonclltoll:-This sub-section sh a II not apply where the bu il- diog has been sub-let by a tenant entitled to do so, after giving due notice to the Accommodation Controller under sub-section

(I) anti in conformity with the provisions of this section.

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(3) If, within fifteen days of the receipt by the Accommo· dation ControiJer of a notice under sub-section (I) or sub-section (2), the Accommodation Controller does not 1ntima:e to the land- lord in writing that the building is required for the purposes of the State or Central Government or of any local authority or of any public institution or for the occupation of any officer of such Government, or local authority or for the occupatlon of such class of non officials as may be prescribed having regard to the importance of their service to society, the landlord shall be at liberty to let the building to any tenant cr to occupy it himself.

(4) The landlord shall not Jet the building to a tenant or occupy 1t himself, before the expiry of the pertoc:! of fifteen days specified in sub-section (3) unless in the meantime he has rece- ived intimatwn that the building is not required for the pur- poses o:: for occupation by any of the persons specified in that sub..section.

(5) If the building is required for the purposes of the State or Central Government or a loc:1l authority or any public institution or for the occupation of any officer of such Govern· mentor local authority, or for occupation by any of the person specified in sub-section (3), the landlord shall deliver possession of the building to the Accommodation Controller and the Govern- ment, the local authority, or public institution or officer or person· shall be deemed to be the tenant of the landlord, with retro~- pective effect from the date on which AccommodatiOn Controller received notice under sub-section (1) or ~ub secction (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 determ1ned 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 resiJential build- ing, shall not be used as a non-residential building or ~nc vasa unless the Accommodation Controller after hearing the landlord grants permission under sub-section (1) of section li:

Provided also that no structural alterations shall be made in the building, unless the consent of the landlord is also obtained therefor.

(6) (a) Where a landlord has two or more residential buildings in the same c11y, town or vilhge a:1d they have not been let by him, the landlord may choose any one of such buildil'lgs l

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for hisown occupatian and shall give notice to the Accommoda- tion Controller spec1fying tht! building so chosen by him and every other bu1lding not so chosen.

(b) When giving notice as aforesaid, the landlord shall also speciiy therein-

(i) whether any building other than the one chosen by him under cl..1use (a) has bren continuously ir. the occupation of any member of his family or of any dependant of the landlord; or (li) whether he requires ..tny such building tor the occu- pation of any member of his family.

(c) In the case referred to in sub-clause (i) of clause (b), the Accommodation Controller may, if he i;, satisfied that the occup.tttun 0f the building by any member of the family, or of any dependant of the landlord is bo11a j~tle, make an order permit- ting the landlortl to allow such member or dependant to continue to occuPY the building; and if the Accommodation Controller is not so satisfied, he shall make an order refusing such permission.

(d) ln !he case referred to in sub-clause (ii) of clause (b), the Accommodation Controller may, if he is satisfied that the building is required by any member of the family of the land- lord bvtlcljlclc.: for such occupation, make an order permitting the landlord to allow such member to occcpy the building; and if the Accommodation Controller is not so satisfied, he shall make an order refusing such permission.

(e) Any landlortl who is aggrieved by any order passed by the AccommodatiOn Controller under clause 'c) or clause (d) may, within fifteen day~ from the date of the receipt of such order, prefer an appeal in writing to the District Collector within whose )urisdictH n the builtlwg in respect of which the order appealed ag,unst i;, situate and he shall pa'>s such orders on the appeal as he may think fit.

(f) Every notice given by the 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:

Provided that in respect of any building referred to in clause (a), whereof an order under sub-clauc;;e (c) or (d) or (e) is made, the provisions of sub-section (3) shall apply as if notice had been given l.>y the landlord under ~ub-section (1) immediately after

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the lap:se of a period of fifteen days from the date of r~ceipt by the landlord of the orrler passetl-by the Accommodation Con- troller or, if an appeal has been preferred to the Obtrict Col- lector against that order w1thin that per1od, as 1f notice had been --' given as aforesaid by the landlord on the date of the crder pas- sed on the appeal

(g) The Accommodation Controller shall allot the buld· ing ve!:>ted in him under sub-section (5) or !:>Ub·scction (6) to per- sons mentioned in sub-sectiOn (3l according to the rules and pri- orities pre,cribed by the Government.

(7) (a) Any officer empowered by the Guvernment 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 institu- tion continuing to occupy, or failing to deliver po::-.session of, any building after the termination of his or its licenc ~to occupy such building,

and take posseseion of the building including any portion thereof v. hich may have been sub-let:

Provided that in cases where any landlord ha~ been refuc;ed permission for the occupation of a building under clause (c) or claucse (d) of sub-section (6), not less than one week's notice to show cause to the contrary shall be given before action is taken under this sub-section.

(b) lf free access to the building is not afforded to the ofhcer empowered under clause (a), he may, between 6 a. m. and 6 p. m, 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 dis- poi'isession.

(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 itc; occupation or possession thereof as described in that clause; and

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(ii) the expenses, if any, incurred by the Government in eftecting sur::h summary dispossession, as determined by them, which det~rmination 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 fifteen rupees per mensem; or

(b) to any building or buildings owned by any company, association or firm, whether incorporated or not and borwfzdt intended solely for the occupation of its officers, servents or agents and situated in the same city, town or village. 5 lJclernwtaltoll of fair 1'Cttl -(1) The Rent Control Court shall on application of the tenant or landlord of a building, fix the fair rent for such building after holding such enquiry as it thinks fit.

(2) In fixing the fair rent the court shall take into cousi, deration the property tax or houc;e tax fixed for the building at the time of letting in the property tax register or house tax register of the local authority within whose area the building is situta ted:

Provided that the fair rent fixed may in proper cases be lower than, but shall in no case exceed by more than 15 per cent, the monthly rent on the basis uf which the property tax or house tax for the builuing has been fixed.

(3) If there is no property tax or house tax fixed for the building or if it is not based on a rental basis or if the building is situated in an area which is not a City, Municipality, Pancha- vat or in any other local authority, the fair rent shall be fixed after taking into consideration the prevailing rates of rent in the locality for similar accommodation in similar circumstances during the twelve months preceding the letting.

(4) In case the allotment of the building is made by the Accommodation Controller, he may, provisionally fix the fair rent for the building and the Rent Control Court may, on appli- cation by an aggneved party, modify the fair rent so fixed.

(5) The Rent Control Court shall intimate the fair rent of the building fixed to the local authority withir: whose jurisdic- tion the building, in respect of which the fair rent has been fixed, is <>ltuatcd. The local authonty on receipt of such inti- mation shall make a record of the fair rent fixed in the register

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kept for the purpose and shall make the register available for inspection in such places and in such manner as may be prescri- bed. The register so prepared shall be kept up· to d:~.tc so as to contain full particulars in regard to the rent fixed in respect of a building by the Rent Control Court and also the subsequent variation thereto made by the sa1d Court

5 l11crc,w llt/llll 1 cut 111 wlz,zt 1ascs adn!l 'Stblc:-(1) when the fair rent of a building has been fixed under this Act, no ft..rther in- crease in such fair rent shall be permissible except in cases where some nece.;sary addition, improvement or alteration has been carried out at the landlord's expense.

Provided that the fair rent as increased under this ~ub- section shall not exceed the fair rent payable under this Act for a simihr bu1ld1ng in the same !'.lcality With such additional improvement or alteration and it c;hall not be chargeable unt1l such addition, improvement or alteration has been completed:

Provided further that any dispute batweeil the landlord and the tenant in regard to any increase claimed under this sub- section shall be decided by the Rent Control Court.

(2) Where, after the fair rent of a building has been fixed under this Act, there is a decrease or dimmution in the accom"

modation or amenities provided, the tenant may claim a reduc- tion in the fair rent as so fixed, and any dispute between the landlord and the tenant in regard to any reduction so claimed shall be decided by the Rent Control Court.

7. lt~crcase of rc11lt11 c llam cases -(1) Where the amount of the taxes and cessess payable by the landlord in respect of any building to a local authority has increased after fixation of the fair rent such increase shall be recoverable by the landlord '

from the tenant:

Provided that no such increase exceeding five per cent of the original fair rent shall be so recovered from the tenant. -- I

(2) Any dispute between the landlord and the t~nant 1n \ regard to any increase claimed under su b~sect ion (1), s h d II be de<.ided by the Rt:n1 Control Co:..rt

8. La11dlord uollo clmm 01 1Uctvc ,11/y/luug 111 c.\ccss of fmr I ttl/ 01 ~ af!.•ccd wl!.-(1) 'Where the Rent Control Court has de1ermi11eci the fair rent of a building-

(a) the landlord shall not claim, receive or stipulate for the payment of (i) any premimum or other like sum in addition

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to such fair rent, or (ii) save as provided in section 6 or section 7 anything in excess of such fair rent:

Provided that the landlord may receive, or stipulate for the payment of an amount not exceed1ng one month's rent, by way of advance;

(b) <;ave as provided in clause (a), any premium or other like sum or any rant paid in addition to, or in excess of such fair rent, whether before or after the commencement of this Act, in conc;iJeration of the grant, continuance or renewal of the tenancy of the building after such commencement, shall be refunded by the landlord to the person by whom it was paid or at tha opt:on of such per:>on, shall be otherw1se adJusted by the landlord:

Provided that where before the determination of the fair rent, rent has been paid in excess thereof, the refund or ad;ust- ment .;;hall be lim1ted to the amount pairl in exce<;c; for a period of three years immediately before the institution of any proceed- ings for such determination.

(2) Where the fair rent of a building has not been deter- mined under sectwn 5-

(a) the landlord shall not, claim, receive or stipulate for the payment of, any premium or other like sum in addition to the agreed rent:

Provided that the landlord may receive, or stipulate for the payment of, an amount not exceeding one month's rent, by way of advance;

(b) save as provided in clause (a), any sum paid in excess of the agreed rent, in consideration of the grant, contmu- ance or renewal of the tenancey of the building after the com- mencement of this Ast, shall be refunded by the landlord to the person by whom it was pairl or, at the option of such person, shall be otherwise adJusted by the landlord.

J (3) Any stipulalion in contraventio'l of sub-!lection (1) 'or sub.sectlOn (2) shall be null and void.

9 N1.~/zt of lcnc~nl p IIJIII'.! 1 wt 01 ndvr111cc to 1 ecetp!.-( 1) Every

• tenant who makes a payment on account of rent or advance shall he entitled to ohtal'l a receipt in the prescril.Jed form for the amount paid, duly s1gned by the landlord or h1s authorised agent.

(2) Where a landloru refuses 1o accept or evades the receipt of, any rent lawfully payable to him by a tenant in respect of

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any building, the tenant may either remit the rent to the land- lorn by monev order after deducting the money order commission and continue to remit any rent which may subsequently become due in respect of the building in the same manner until the landlord signifies by a written notice to 1he tenant his willing- ness to accept the rent or may by notice in writting, require thf' landlord to specify within ten days from the date of receipt of the notice by him, a bank into which the rent may be deposited by the tenant to the credit of the landlord:

Provided that such bank, if specified as aforesaid, shall be one situated in the city, town or village in which the building is situated or if there is no such hank in such city, town or village, within three miles uf the limits thereof.

Expla11altou:-It shall be open to the landlord to specify from time to time by a wrttten notice to the tenant and subject to the proviso aforesaid, a bank different from the one already specified hy him under this sub-se~tion.

(3) If the landlord sp~cifies a hank as aforesaid, the tenant shall deposit the rent in the bank and shall continue to depo5it in it any rent which may subsequently become due in respect of the building ..

(4) 1f the landlord does not specify a bank as aforesaid, the tenant shall remit the rent to the landlord by money order, after deducting the money order commission and continue to remit any rent which may subsequently become due in respect of the bullding in the same manner until the landlord sigmfies by a written notice to the tenant his willingness to accept the rent or specifiec; a bank in which the rent shall be deposited 1n accordance with the provisons of sub-c:;ection (2).

10 R1p,hl of lCIIaullu d(pastt 1.nt 111 c•rlatn cascs.-(1) Where the address of the landlord or his authoriserl agent is not known to the tenant, he may deposit the rent lawfully payable to the landlord 1n respect of the building together with such fee as may be prescribed for the serv1ce ot the notice referred to in sub- section (2) before such authority and in such manner as may be prescr1bed, and continue to deposl! any rent which ~ay subse- quently hecome due ir:1 respect of the building, together with the fee prescribed, as aforesaid, before the same authority and in the same manner until the addresc; of the landlord or hie; athorised agent becomes known to the tenant.

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(2) The rent so deposited may, subject to such conditions as may be imposed by the Rent ContrQl Court, be withdrawn by the landlord or his authorised agent, on application to the Court.

(3) Where any bo11afidc doubt vr dispute arises as to the person who is entitled to receive the rent for any bu1lding, the tenant may deposit such rent before such authority and in such manner as may be prescribed and shall report to the Rent Con- trol Court the circumstances under which such deposit was made by him, and may continue to deposit any rent which may subsequently become due in rec;pect of the building before the same authority and in the same manner until the doubt is remov- ed or the dispute is settled by the rieciswn of a competent Court or hy a settlement between the'parties or until the Ren·t Control Court makes an order under sub-section (4), clause (b), as the case may be.

(4) (a) The Rent Control Court to whom a report is made under sub-section (3) shall, if sa-ti11fied that a bonajulc doubt or dispute exists in the matter, direct that, pending removal of the cioubt or settlement of the dispute as aforesaid, the deposit be held by the authority concerned.

(b) If the Rent Control Court i~ not so satisfied, it ~hall forthwith order payment of the amount deposited to the landlord.

(5) (a) Where the Rent Control Court passes an order under sub-section (4), clause (a), any amount or amounts deposit- ed under sub-section (3) may be withdrawn only by the person who is declared by a competent court to be entitled thereto, or i1,1 case the doubt or dispute 1s removed by a settlement between the parties, only by the person who is held by the Rent Control Court to he entitled to the amount or amounts in accordance with 1111ch settlement.

(IJ) Any order passed by the Rent Control Court under sub-section 4 (b) shall not debar the aggrieved party from esta .. hlishing his cla1m in any competent Court.

J l 1. Evnlzou of tcruwl:..-(1) Notwithstanding anything to the

• contrary contained in any other law or contract a tenant shall not be evicted, whether in execution of a decree or otherwise except in accordance with the provisions of this Act:

Provided that nothing contained in this section shall apply to a tenant whose landlord is the State Government or the Central Government or other public authority nottfi~d und&r this Act:

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Provided further that where the tenant denies the title of the landlord or claims right of permanent tenancy, the Rent Control Court shall decidP. whether the denial or claim is bolla- fzdc and if it records a finding to that effect, the landlord shall be entitled to s:Je for eviction of the tenant in a Civil Court and such Court may pass a decree for evict10n on any of the grounds mentioned 1n this sectwn, notwith::.tanding that the Court finds that such denial does not involve forfeiture of the lease or that the claim is unfounded.

(2) A landlord who seeks to evict hi" tenant shall apply to the Rent Control Court for a direction in that behalf-

(a) If the Rent Control Court, after giving the tenant a reasonable opportunity of showing cauc;e against the application, is satisfied that the tenant has not JJaid or tendered the rent due by him in respect of the bu1lding within 15 days after the expiry of the time fixed in the agreement of tenancy with his landlord or in the absence of any such agreement by the last day of the month next following that for which the rent is payable, it shall make an order directing the tenant to put the landlord in posses- sion of the building, and if it is not satisfied It shall make an order reJecting the application thereof bv him:

Provided that an application under thi::. sub-section shall be made only if the landlord has sent a registered notice to the tenant intimating the default and the tenant has failed to pay or tender the rent together with interest at 6% per annum and postal charges incurred in <>ending the notice within 15 days of the receipt of the notice or of the refusal thereof.

(b) The order directing the tenant to put the landlord iQ posses::,wn of the bu1lthnv, shall not be execJted before the lapse of one month from the date of the order of the Rent Control Court and if the tenant deposits arrears of rent with interest and cost of proceedings within a month of such crder or such other period as may be allowed by the Rent Control Court, it shall vacate that order.

(3) A landlord may apply to the Rent Control Court for an order directing the tenant to put the landlcrd In possession of the building if he bo11a{1de needs the buildmg for his own occupation or the occupatwn by any member of his family dependent on him:

Provided that the Rent Control Court shall not g1ve any such direction if the landlord has another building in hi::. possessiOn in the same City, Town or Village except where the Rent Control Court is satlsfied that for special reason&, in any particular case it will be JUSt and proper to do so:

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- 1(}7 Provided further, that no landlord, whose right to recover possession arises under an instrument of transfer wier vwos shall be entitled to apply to be put in possession until the expiry of one year from the date of the instrument:

Provided further that if a landlord after obtaining an order to be put in possession transfers his rights in respect of the building to another person, the transferee shall not be entitled to be put in possession unless he proves that he bona /tde needs the building for his own occupation or for the occupation by any member of his family dependent on him.

(4) A landlord may apply to the Rent Control Court for an order directing the tenant to put, the landlord in possession of the building,

(i) if the tenant has without the consent of the land· lord transferred his right under the lease or sublet the entire building or any portion thereof, if the le:.se does not confer on him any right to do so, or the landlord has not consented to such sub-letting; or

(ii) if the tenant uses the building in such a manner as to destroy or reduce it~ value or utility materially and permanently; or

(iii) if the tenant already has in his possession a buildi:1g or subsequently acquires possession of or puts up a building, reasonably sufficient for his requirements in the same city, town or village; or

(iv) if the building is in such a condition that it needs reconstruction and if the landlord requires bo11a jtdc to reconstruct the same and if he satisfies the Court that he has the plan and, license, if any, required. and the ability to rebuild and if the proposal is not made as a pretext for eviction:

Provided that the landlord who evicts a tenaht and does not reconstruct completely the building within a time which may be fixed or extended by the Rent Control Court, shall on a petition before that Court, be liable to a fine of rupees five hundred, if it is proved that he has wilfully neglected to reconstruct completely the building within such time:

Prov~·d d rurther that the Court shall have power at any ime to issue directions regarding the reconstru- c · n of the building and on failure of compliance a

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lll8 by the landlord, to give efiect to the otdet in any manner the Court deems fit and in appropriate cases to put the tenant back in possession or award to the evicted tenant damages equal to the excess rent he has to pay for another building that he is occupying in consequence of such eviction:

Provided further that the tenant who was evicted shall have the first option to have the reconstructed building allotted to him with liability to pay its fair rent; or

(v) if the tenant ceases to occupy the building, con· tinuously for six months without reasonable cause.

(5) A landlord who wants to renovate the building may apply to the Rent Control Court for an order directing thE; tenant to permit the landlord to enter and carry out the renovation within a time to be fixed by the Court and the Court may issue such orders, as it deems fit, and the tenant shall be bound to abide by the orders of the Court.

(6) A tenant whose building has been renovated under sub· section (5) shall be liable to pay enhanced rent so as to assure 4 the landlord a rent equal to the rent for a similar building with similar amenities in the locality. ..,.

(7) Where the landlord of a building is a religious, chari- table, educational or other public institution, it may, if the building is needed for the purposes of the institution, apply to the Rent Control Court, for an order directing the tenant to put the institution in possession of the building.

(8) A landlord who is occupying only a part of a building, may apply to the Rent Control Court for an order directing any tenant occupying the whole or any portion of the remaining part of the building to put the landlord in possession thereof, if he requires additional accommodation for his personal use.

(9) Where the tenancy is for a specified period agreed upon between the landlord and the tenant, the landlord shall not be entitled to ap~ly to the Rent Control Court before the expiry of such period.

(10) The Rent Control Court shall, if it is satisfied that the claim of the landlord under sub-section (3), (4), (7) or (8) is bo11a ftde, make an order directing the tenant to put the landlord in possession of the building on such date as may be specified by

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the Rent Control Court, and if the Court is not so satisfied, it shall make an order rejecting the application:

Provided that, in the case of an application under sub- section (8), the Rent Control Court shall reject the application if it is satisfied that the hardship which may be caused to the t-enant by granting it will outweigh the advantage to the land- lord:

Provided further that the Rent Control Court may give the tenant a reasonable time for putting the landlord in possession of the building and may extend such time so as not to exceed three montl1s in the aggregate .

(11) Notwithstanding anything contained in sub-sections

(1) to (10) no order for eviction or for putting the landlord in possession shall be passed,

(i) against any tenant who is engaged in any employ- ment or class of employment notified by the Govern- ment as an essential service for the purpose of this sub-section, unless the landlord is himself engaged in any employment or class of employment which has been so notified, and the landlord requires the building for his own occupation; or

(ii) in respect of any building which has been let for use as an educational institution, and is actually being used as such, provided that the institution has been recognised by the Government or any authority em- powered by them in this behalf, so long as such re- cognition continues.

( 12) Where a landlord who has obtained possession of a building in pursuance of an order under sub-section (3), does not occupy it without reasonable cause within one month of the date of obtaining possession, or having so occupied it, vacates it without reasonable cause within six months of such date, the tenant who has been evicted may apply to the Rent Control Court for an order directing that he shall be restored to possession of the building, and the Court shall make an order accordingly, not withstanding anything contained in section 4.

(13) Where a tenant who is entitled to apply for possession under sub-section (12), fails to do so without reasonable cause within one month from the date on which the right to make the application accrued to him, the Officer referred to in sub- section (1) of section 4, shall have power, if the building is

17

1!0 required for any of the purposes, or for occupation by any of the officers or persons specified in sub-section (3) of that section to give intimation to the landlord that the building is so required and thereupon the provisions of sub-sections (5) and (8) of section 4 shall apply to the buildmg.

Provided that this sub-section shall not apply to a building the monthly rent of which does not exceed fifteen rupees.

(14) Where the Rent Control Court is satisfied that any application made by a landlord for the eviction of a tenant is frivolous or vexatious, the Rent Control Court may direct that compensation not exceeding fifty rupees be paid by such land- lord to the tenant. '

(15) Where an application -under sub-sections (2), (3), ( 4), (5), (7) or (8) for evicting a tenant has ·been rejected by the Rent Control Court, the tenancy shall, subject to the pro-- visions of this Act, be deemed to continue on the same terms and conditions as before and shall not be terminable by the landlord except on one more of the grounds mentioned in the above said sub-sections.

(16) Notwithstanding _anything <:ontained in this section, no person who is receiving or is entitled to receive the rent of a building merely as an agent of the landlord shall, except with the previous written consent of the landlord, be entitled to apply for the eviction of a tenant.

(17) Notwithstanding anything contained in this section a tenant who has been in continuous occupation of a building from 1st April lMO as a tenant, shall not be liable to be evicted for bo11ajtdc occupation of the landlord or of the occupation by any member of his family dependent on him provided that a land- lord of a residential building shall be entitled to evict such a tenant of that building if the landlord has been living in a place outside the city, town or village in which the building is situated for a period of not less than five years before he makes an appli- cation to the Rent Control Court for being put in possession of the building and requires the building, bo11ajt~le for his own permanent residence or of the permanent residence of any member of his family or the landlord is in d1re need of a place for residence and has none of his own,

Expla11alion:-in computing the period of continuous occu- pation from 1st April 1940, the period, if any

during which the landlord was residing outside

the city, town or village in which the building is situate shall be excluded.

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12, Paymetzt or deposit of Yelll durwg the peude11cy of promdmgs for eviction:-(!) No tenant against whom an application for eviction has been made by a landlord under section 11, shall be entitled to contest the application before the Rent' Control Court under that section, or to prefer any appeal under section 18 against any order made by the Rent Control Court on the application, unless he has paid or pays to the landlord, or deposits with the Rent Control Court or the appell~te_authority, as the case may, be, all arrears of rent admitted_ by the tenant to be due in respect of the building up to the date of payment or deposit, and con- tinues to pay or to deposit any rent which 111ay subsequently become due in respect of the building,• until the termination of the proceedings before the Rent Control Court or the appellate authority, as the case may be.

(2) The deposit of rent under sub-section (1) shall be made within the time and in the manner prescribed and shall be ac- companied by the fee prescribed for the service of the notice referred to in sub-section (4).

(3) If any tenant fails to pay or to deposit the rent as aforesaid, the Rent Control 'court or the appellate authority, as the cac;e may be, shall, unless the tenant shows sufficient cause to the contrary, stop all further proceedings and make an order directing the tenant to put the landlord in possession of the building.

( 4) When any deposit is made under sub-section (J) the Rent Control Court or the appellate authority, as the case may, be, shall cause notice of the deposit to be served on the landlord in the prescribed manner, and the amount deposited may, sub- ject to sll'Ch conditions as may be prescribed, be withdrawn by the landlord on application made by him to the Rent Control Court or the appellate authority in th(!t behalf.

13. Landlord 11ot to iuterjcre wztlt amen!ltes cujoycd by tlze lena1zl:-(l) No landlord shall, without JUSt or sufficient cause, cut oft or withhold any of the amenities enjoyed by the tenant.

(2) A tenant in occupation of a building may, if the land- lord has contravened the provisions of this section, make an application to the Rent Control Court complaining of such con- travention.

(3) If the tenant satisfies the Rent Control Court that the amenities were cut oft or withheld with a view to compel him to vacate the building or to pay an enhanced rent, the Rent Control

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11.2

ColW't may pass an iAterim order, directing the landlord to restore the amenities immediately, pending the enquiry referred to in s11b-section ( 4).

Explatzaliou:-An interim order may be passed under this sub- section without giving notice to the landlord. Any interim order so passed may be modified or cancelled by final order and the Court may give eftect to such modification or cance11ation. ( 4) If the Rent Control Cow-t on inquiry finds that the tenant has been in enjoyment of the ~amenities and that they were cut oft or withheld by the landlord without JUSt or sufficient cause, it shall make an order directing the landlord to restore ' .

such amenities and for the purpose of enforcement of such orders, the Rent Control Court may exercise all the powers of a civil court in executing a decree for injunction or for specific performance.

(5) The Rent Control Court may in its discretion direct that compensation not exceeding fifty rupees-

(a) be paid to the landlord by the tenant, if the applica- tion under sub-section (2) was made frivolously or vexatiously;

(b) be paid to the tenant by the landlord, if the land- lord had cut off or withheld the amenities frivolously or vexa- tiously.

14. Exccutiott of ord~rs-Every order made under section 11 or section 13 or section 19 and every order passed on appeal under section 18 or on revision under section 20 shall, after the expiry Qf the time allowed therein be executed by the Munsifl: or if there are more than one Munsift, by the Principal Mu:l'sifl: having original JUrisdiction over the area in which the bu1lding is situated as if it were a decree passed by him:

Provided that an order passed in execution under this section shall not be subject to an appeal but shall be subJect to revision by the Court to which appeals ordinarily lie against the decisions of the said Munsiff.

15. Deczstotts wltzclt ltave become jmaltzot to be re-opmed:-The Rent Control Court shall summarily reject any application under sub- section (2), (3), (4), (5), (7) or (8) of section II which raises bet- ween the same parties or between parties under whom they or any of them claim substantially the same issues as have been finally decided or as purport to have been finally decided or as purport to have been finally decided in a former proceeding

20

• under this Act or under the corresponding provisions of any law in force prior to the commencement of this Act or the cor- responding provisions of any law repealed or superseded hy such law.

16. Orders of Rml Co11lrol Court lo be pt ououuccd itz opw Court:-

Every order passed by a Rent Control Court under this Act shall ue pronounced in open Court on the day on which the case is finally heard, or on some future day of which due notice shall be given to the parties.

17. Co11versiou of bmldtngs and failure by lattdlord to make u~cessary rcpam:-(l) No residential building shall be converted intq a non· resiciential building or vice versa and no such building shall be divided into separate portions for letting on rent or for other purposes except with the permission in writing of the Accom- modation Controller:

Provided that where such conversion involves structural alteration of the building, the consent of the landlord shall also be necessary.

(2) Notwithstanding any law, custom, usage or contract to the contrary, the landlord shall be bound to attend to the per- iodical maintenance and necessary repairs of the building. If a landlord fails to attend to such maintenance or repairs to the building and amenities thereto within a reasonable ti,ne after notice is given by the tenant, it shall be competent for the Accommodation Controller to direct on application by the tenant that such maintenance and repairs may be attended to by the tenant and that the charges and cost therof may be deducted with interest at 6% per annum from the rent which is payable by him.

18. Appeal.-(1) (a) The Government may, by general or spe· cia! order notified in tile Gazette, confer on such officers and authorities not below the rank of a Subordinate Judge the powers of appellate authorities for the purposes of this Act in such areas or in such classes of cases as may be specified in tl-le order.

(b) Any person aggrieved by an order passed by the Rent Control Court may, within thirty day from the date of such order, prefer an appeal in writing to the appellate authority having jurisdiction. In computing the thirty days aforesaid, the time taken to obtain a certified copy of the order appealed agaiast shall be exc:luded.

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(?.) On such appeal being preferred, the appeltate authority may order stay of further proceedings in the matter pending decision on the appeal.

(3) The appellate authority shall send for the records of the case from the Rent Control Court and after giving the parties an opportunity of being heard and, if necessary, after making such further inquiry as it thinks fit either directly or through the Rent Control Court, shall decide the appeal. Erplanalton:-The appellate authority may, while confirming the order of eviction passed by the Rent· Control Court, grant an extension of time to the tenant for putting the landlord in possession of the building.

(4) The appellate authority shall nave all the powers of the Rent Control Court including the fixing of arrears of rent.

(5) The decision of the appellate authority, and subject to such decision, an order of the Rent Controi Court shall Qil final and shall not be liable to be called in question in any eourt of law, except as provided in section 20.

19. Costs.-Subject to such conditions and Umitations, if any as may be prescribed, the costs of and incident to all proceedings before the Rent Control Court or the appellate authority referred to in section 18 shall be in the discretion of the Rent Control Court or the appellate authority which shall have full power to determine by whom or out of what property and to wkat extent such costs are to be paid and to give all necessary directions for the purpose.

ExplatJalzon-The appellate authority may set aside ot vatY any order passed by· the Rent Control Court in regard to the costs of anct·incident to the proceedings before it.

20. Revzszon.-(1) In cases where the appellate authority empowered under section 18 is a s"ubordina te judge, the District Court, and in other cases the High Court, may, at any time, on the apphcation of any aggrieved party, call for and examine the records relating to any order passed or proceedings taken under this Act by such authority for the purposes of satisfying itself as to the legality, regularity c..r propriety of such order or proceedings, and may pass such order in reference thereto as it thinks fit.

(2) The costs of and incident to all proceedings before the High Court or District Court under sub-section (1) shall be in its discretion.

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21. Ord~.r 1111dcr tltc Act lo be bw:lw;; ou sub-lcuauls -Any order fur the eviction of a tenant passed under this Act shall be binding on all sub-tenants under such tenant, whether they were part1es to the proceeding or not, provided that such order was not obtained lw fraud or collussion In cases where ~ub-letting is allowed under the original agreement of tenancy the ~ub-ten,tnt shall be made a party to the proceeding, if he had given notice of the sub-tenancy to the landlord

22. Proccedmf!.s bu or agozr~st lcJ!.nl rcprcsmlatzvcs.-The provisions of section 146 and Order XXll of the Code of Civil Procedure, 1906 (5 of 190B) shall, as far as possible, be applicable to the pro- ceedings under this Act.

23. S1lmlllolls e/c.-Sub)ect to such conrlitions and limitations as may be prescribed, the Accommodation Controller, the R.ent Control Court and the appellate authority shall have the powers which are vested in a Court under the Code of Civil Procedure, 1906 (5 of 1908), when trying a suit in respect of the following matters:-

( a) di~covery and inspection;

(b) enforcing the attendance of witnesses, and requiring the deposits of their expenses ;

(c) compelling the production of documents;

(d) examining witnesses on oath;

(e) granting aujOUrnments;

(f) reception of evidence taken on affidavit;

(g) issuing commission for the examination of witnesses and for local inspection;

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(h) setting aside e:r·pnrt,; orders ;

(i) enlargement of time originally fixed or granted;

(J) power to amend any defect or error in orders or proceedings; and

(k) power to review its own order. The Accommodation Controller, the Rent Control Court or the Appellate Authority may summon and examine szto motr~ any person whose evidence appears to it to be mateual; and it shall be deemed to be a civil court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898).

24. Tzme wzl/lw wllr~.-h procec:dw,l!~ IJ,zvc lo b.; ,h~pv;cd oj.-The Rent Control Court si1dll, as tar as may be practicable, pas~ final

4

orders in any proceeding before it withi:t four m0nths from the date of appearance of the parties therato.

25. E.1:cmptw11s.-(l) Notwithstanding anything contained in this Act the Government may, 1n public interest or for any other sufficient cause, by notlfication m the Gazette, exempt any , building or class of buildwgs from all or any of the provision<; of this Act

(2) W1thout preJudi(.e to the generality of the foregoin~ power, the Government may, !Jy notdicatic>n 10 tile Gazette, ex- empt from the pruv1sions of sections 4, 5, 6, 7 and B. any class of buildings the construction of which hac; begun after the cc,m- mencement of this Act, and in respect of which:-

(a) the assessment to property tax or house tax by a local authority is based on a monthly rental of fifty rupees or more ; or

(b) there has been no such assessment to property tax or house tax by a local authority and the monthly rent will be fifty rupees or more, having regard to prevailing rates of rent in the locality for similar accommodation in similar circumstances and the Accommodation Controller certifies that rent of the building will be fifty rupees or more. Et·plallalzon,-For the purposes of this sub-section, construe· tion shall not include reconditionin~ or renovation or partial reconstruct ion.

26. Execultvc 'aullzoJtltcs uj local bo.ltcs to {urmsh cerltju:d extracts fro:n propctly tax or house la-c asses~mcut bool~s.-The executive authonty of a municipal council or panchayat or the Revenue Officer of a Cor- poration Sshall, on application made in th1s behalf and on pay- ment of such fee as may, from time to time, be fixed by the Government, by notificaflon in the Gazette, grant to the applicant a certified copy of the extract from the property tax or house

tax assessment book of the municipal council, or Panchayat or Corporation as the case may be, showing the rental value of the building or buildings in respect of which application has be~n made, relating to the period specified in the application. Such certified copy shall be received as evidence of the facts stated therein, in proceedings under this Act.

27. Landlord rt11d bt.ml to fnmis!t pmbcul~~rs -Every landlord and every tenant of a building shall be bound to turni"h to the

24

• 1!7 Accommodation Controller, the Rent Control Court or any person authorised hy It in that behalf, such particulars in respect of the building as may be prescribed by rules made under this Act. ~8 illspccloJs-(1) The Government may, by notification in the Gazette, appoint, such officers as they think fit to be Inspectors for the purpose of en~orcing the penal provisions of this Act and may assign to them such local limits as they may think fit.

(2) For the purpose of any investigation or enquiry under this Act the Inspector may enter any premises with such assis- tance as he thinks necessary .

29. PCIIalircs.-(I) If any person contravenes any of the provi- sions of sub-sections (1), (2), (4), (5) and (6) of sec1ion 4, sub- section (1) (a) and (2) (a) of section 8, sub-section (1) of section 13, sub-section (1) of section 17 and section 27, he shall be punishable with fine which may extend to two thousand rupees and in default to simple imrrisonment which may extend to two weeks.

(2) If any landlord rdceives unconscionable rant in respect of any building he shall be p'unishable with simple imprisonment for a term which may exte1d to three months or w:th fine which may extend to two thousand rupees or with both.

30. Frra/1011 of fa:r rml ~IIJ rnniu by COlli l.-(1) If during the course of a prosecution under this Act, it is disclosed that a land- lord was receiving a rent in excess of the rent that may be fixed under section 5, the Court befor~ which the complaint was filed shall, after the close of the proceedings before it, forward to the Rent Control Court the relevant extracts ol the proceedings for the purpose of fixing the fair rent.

(2) The Rent Control Court, on receipt of such extracts of proceedings, shall issue notice to the concerned landlord and tenant and after giving them an opportunity of being heard, fix the fair rent of the builJing and the fair rent so fixed shall be deemed to be the fair rent as determined under section 5.

31 Afp!zcaltnll of fir' Lzm1/at:rm !tel -The provisions of section 5 of the indian Limitation Act, 1908 (9 of 1908) shall apply to all proceedings under this Act.

32. Puwcr to nl11le 111le~ -(1) The Government may make rules to carry 01tt the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for-

25

us

(a) all matters expressly required or allowed by this Act to be prescribed;

(b) the procedure to be followed by Rent Control Co.:rts, Accommodation Controllers and appellate authori. ties in the perffJrmance of their functions under this Act;

(c) the manner in which notic?.s and orders under this Act shall be given or served;

(d) setting aside ex pnrle orders passed under this Act;

(e) applications for making legal representative<> of deceased persons parties to proceedings under this Act and the time within which such applications shall be preferred;

(f) the order of priority in which buildings have to be allotted among the applicants;

(g) the officers or classes of officers who may be appoint- ed as Inspectors

(3) In making a rule under th1s section, the Government may provide that a person who contravenes any of the provisions thereof shall be punishable with fi11e which may extend to two thousand rupees.

( 4) The power to make rules under this section shall be subject to the condition of the rules being made after previous publication.

(5) All rules made under this section shall be published in the Gazette.

(6) All rules made under this Act and nrtificalions issued under section 25 shall be laid for not less than fourteen days before the Legislat1ve Assembly as soon as possible after they are made and shall be subject to such modifications a<; the Legisla1ive AsscmLlv may make uuring the session in which they are so laid or in the session immediately following.

33. Conllti/WIIC!: Ill jo1 cr: of t~'tsl111g p1 occcdmgs, 01 rle1 s, etc.-( 1) All proceedmgs commenced or deemed to have been commenced

and all.actions taken or deemed to have been taken under the Travanl'ore-Cochin Building" (Lease and Rent Control) Order, 1950, or the Madras Buildmgs (Lease and Rent Control) Act, l94C\, and pending at the commencement of this Act shdll, so far as may, be deemed to have been commenced or taken under the

corresponding provisions of this Act and be continued subJect to lhe provisions of this Act.

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(2) All orders passed or deemed or purporting to have been passed a~d all decisions given or deemed or purporting to have been given under the Travancore.Cochin Buildings (Lease and Rent Control) Order, 1950 or the Madras Puildiogs tLease and Rent Control) Act, 1949, and in which fair rent has been fixed, shall be deemed to have been passed or given under the corres- ponding provision of this Act and shall continue in force until they are superseded or modified under this Act by the authority competent to do so.

34. Cl'l'tr.rn mders of rv•ctro11 to b~ v:;:da 1J!c.-(1) Notwithstanding anything contained in any other law, any order of eviction passed,

• between 12th February, 1958, and the date of coming into force of this Act on grounds which whould not have been available if thic; Act were in force during the said period, shall be voidable at the option of the tenant.

(2) If any tenant has actually been evicted in pursuance of an order referred to in sub.section (1), the Accommodation Controller shall, on a petition presented to him for the purpose within three months from the coming into force of this Act restore the tenant to the possession of that building:

Provided that the tenant shall not be entitled to be restored to possession in cases where a lease has been granted bona fulc to a third party and possession given in pursuance thereof before the 13th December 1958.

35, P1nlcdrorJ of nclro11 takw 111 good jm/lr.-(1) No suit, prose- cution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule, order or direction made or issued thereunder

(2) No suit or other legal proceeding shall lie against the Government, any officer or authority for any damage caused or likely to be cau-.,ed by anything which is in good faith done or intended to be done in pursuance of this Act, any re1le, order, or direction made or issued thereunder

36. Repeal.-( I) The Travancore·Cochin Buildings (Lease and Rent Control) Order, 1950, and the Madras Buildin~s (Lease and Rent Con1r0l) Act, 194

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lto

(2) Notwithstanding the repe:Ji of the '>aid Ordinance, any. thing done or action taken in exercise of the powers conferred by or under the said Ordinance shall be deemed to have been done or taken in the exercise of th~a powers by or under this Act, as if this Act were in force on th·~ day on which such thing was done or action taken.

(3) Accommoda1ion Controllers, Rent Control Courts Appellate and other authorities under the said Ordinance shall be deemed to be Accommodation Controllers, Rent Control Courts, Appellate and other authorities respectively under this Act.

SCHEDULE.

1. Corporation of Trivan- drum

2 Neyyattinkara Munici~ palitv

3. At1ingal Municipality

4. Warkala Panchayat

5. Nedumangad Panchayat ll. QmlrJtl Dtslucl

6. Quilon Municipality

7. Punalur Panchayat B. KozhencherryCon!>ervancy Town

Ill. Allcppcy Dtslt:ct.

9 Kayamkulam Municipality

10. Mavelikarc\ Mu11icipality

11 Alleppey Municipality

12 Th1ruvalla Municipality

13. Shertallai Mumcipal!ty

14. Hanpad Conservancy To\'ln

15. Chengannur Conservancy Town

1 V. Kuttayam Dtslncl.

16. Kottayam Municipality

17. Changanacherry Munci- pa lit y.

18. Vaikom Municipality

19. Palai Municipality

20. Mundakayam Panchayat

21. Urban areas of Munnar

22. Vandiperiyar Panchayat

23. Kan1irappally Panchayat

V. Ema~ulam Ut~lrnl.

24. Ernakulam Municipality

25. Mattancherry Municipality including Palluruthy and Rameswaram Vllla~es

26. Fort Cochin Municipality

27. Parur Municipality

28. Alwaye Munic1palit)'

29. Perumbavoor Municipality

VI. Trzcimr IJzstnc/.

30. Trichur Municipahty 3l. lrin]alakuda Mullic•palJty

32. Kunnamkulam MJniel· pali ty

VII. Kuzlukodc D:stncl

33 Kozhikode Munic1pality

31. Nilambur Panchayat 35. Man1eri Panchayat 36. Trikkandtyur Panchayat 37. Feroke Panchaya t ..

28

1!1 ~.

' SCHEDULE-could Vll. [(ozlll!wdt· UtslJ 1cl- VIII. Cau11auorc Dtslncl (contd)

53. Cannanore Municipahty

38. Neduva Panchayat 54. Telhcherry Municipality

39 Radagara Panchayat 55. Azhikode amsom

40. Kummangode amsom 56. Pappnisseri Panchayat (Nadapuram Panchayat) 57 Puzhathi amsom

41. Pantalayini village (Qui!- 58 Chirakkal amsom

42 Viyyur vlllage (Quilandy 60. Kuthuparamba amsom

• Panchayat) 61. Vemom amsom

43. Melur village (Quilandy 62. Kasargode Panchayat) 63. Kanhangad

44 Meladi village 64. Payyanur

45. Kottooli v11lage, Parayan-

IX. Palf!,lzat Dis !I 1cl cheri vi 11 age 65. Palghat Municipahty

46. Nedumgottur village 66 Chittur-Tattamangalam

47. Beypore Panchayat Municipality

48. Kidanginad V11lage 67. Ottapalam Panchayat

49. Nulpuzha village 58 Ponnani Panchayat h 5!l. Nenmoni village 69 Elappally Panchayat

51. Muppainad Village 70: Shoranur Panchayat -b. 52. Vdliappally Panchayat 71. Perintalrnanna Pane hay at i2 Koduvayoor Panchayat

29