Chapter II Chapter II

Control of letting

Notice of vacancy.—

1. (1) Every landlord shall, within ten days after a building becomes vacant by his ceasing to occupy it or by termination of a tenancy, or by eviction of a tenant, or otherwise, give notice of the vacancy to the Authorised Officer.
2. (2) Every such notice shall be given in such manner, and shall contain such particulars, as may be prescribed.

Release of building for use of the landlord.—

1. (1) The Authorised Officer may, on receipt of an application from the landlord, or on receipt of a direction from the Administrator in pursuance of an application made to him by the landlord, by order, release a building for the occupation of the landlord or a member of his family.
2. (2) A landlord who has obtained possession of a building in pursuance of an order made under sub-section
3. (1) shall use it only for his own occupation or for the occupation of any member of his family, and if he fails to do so proposes either to let out or keep vacant the whole or any part of the building for a period exceeding that permitted by the

Requisitioning of building Requisitioning of building.—

1. (1) Within fifteen days of receipt, by the Authorised Officer, of the notice under sub-section
2. (1) of section 4, or sub-section
3. (2) of section 5, the Authorised Officer, may, if he is of the opinion that the building is required for the purpose of the Government or of any local authority or of any public institution under the control of the Government or for the occupation of any officer or employee of the Government or a local authority, issue an order in the prescribed form giving intimation to that effect to the landlord, and calling upon the landlord to hand over possession of the building to him or any other officer empowered by him for this purpose on a date to be specified by him in this behalf in the said order, or on any other later date, as may be specified by him. (2)
   • (a) On receipt of the order issued under sub-section (1), the landlord shall deliver vacant possession of the building to the Authorised Officer or any officer empowered by him for this purpose.
   • (b) If the landlord fails to deliver the possession on the date so specified, the Authorised Officer or any other officer empowered by him in this behalf may take possession of the building.
4. (3) As soon as may be after the possession of the building is taken over under sub- -section (2), the Authorised Officer shall, after giving notice in this behalf to the landlord and hearing him and after holding such inquiry as he deems fit, determine the monthly rent payable to the landlord for the building on the following basis namely:—
   • (a) where the fair rent of the building is fixed under the provisions of Chapter III, the rent shall be the fair rent so fixed;
   • (b) in all other cases, the rent shall be the reasonable rent as the Authorised Officer may determine: Provided that the reasonable rent fixed by the Authorised Officer shall be subject to such fair rent as may be determined by the Rent Tribunal.
5. (4) The landlord shall be entitled to payment of rent determined under sub-section
6. (3) ,—
   • (a) where possession of the building has been handed over on the date specified in the order issued under sub-section (1), from the date on which the Authorised Officer received notice under sub-section
7. (1) of section 4 or sub-section
8. (2) of section 5, as the case may be;
   • (b) in any other case, from the date on which the possession of the building has been taken over by the Authorised Officer or the officer empowered by him in this behalf.
9. (5) The Authorised Officer may, by order in writing, allot the building for the purpose for which it was taken, over and the allottee shall hold it subject to such terms and conditions as may be specified in the allotment order.

Landlord’s right to occupy.— If, within fifteen days of the receipt by the Authorised Officer of a notice under sub-section

1. (1) of section 4 or sub-section
2. (2) of section 5, the Authorised Officer does not intimate to the landlord in writing that the building is required for any of the purposes specified in sub-section
3. (1) of section 6, the landlord shall be at liberty to let the building to any tenant or to occupy it himself.

Restriction on structural alterations to a building.— Where the possession of a building has been taken over under section 6, no structural alteration shall be made in the building except with the consent in writing of the landlord.

Effect of failure to give notice and prohibition of letting.— Notwithstanding the fact that a landlord has failed to give intimation to the Authorised Officer as required by sub-section

1. (1) of section 4, or sub-section
2. (2) of section 5, Administrator or the Authorised Officer may, if the building is required for any of the purposes specified in sub-section
3. (1) of section 6 at any time, give intimation to the landlord that the building is so required and thereupon the provisions of this Chapter shall apply to such building as if the requisite notice had been given:

Occupation without giving notice of vacancy void Occupation without giving notice of vacancy void.— Where a landlord fails to give intimation to the Authorised Officer as required by sub-section

1. (1) of section 4 or sub-section
2. (2) of section 5 and occupies the building himself or lets it out to a tenant or otherwise allows it to be occupied by some other person, the said occupation of the building by the landlord or the tenant or other person shall be deemed to be void.

Exemption of certain classes of buildings from Chapter II.— Nothing in this Chapter shall apply—

1. (a) to a residential building the monthly rent of which does not exceed twenty five rupees;
2. (b) to a non-residential building the monthly rent of which does not exceed fifty rupees;
3. (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 bonafide intended solely for the occupation of its officers, servants or agents.