Notice of vacancy

(1)(a) Every landlord may within fifteen days before completion and shall, within fifteen days after the construction 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 authority, give notice of the availability or vacancy in writing to the Accommodation Controller. Every tenant shall within fifteen days of his 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 possession on any of the grounds specified in sub-section (3), clause (iv) of sub-section (4) and sub-sections (7) and (8) of section 11. (b) 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 occupation thereof and does not re-occupy it within a limit 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 notice thereof in writing to the Accommodation Controller within fifteen days of such termination: Provided that the tenant may, before the expiry of three months, apply to the Accommodation Controller to re-occupy the building within a period of six months and if such permission is granted, this sub-section shall have effect as if for the period of three months specified therein, a period of six months were substituted: Explanation: This sub-section shall not apply where the building has been sub-let by a tenant entitled to do so, after giving due notice to the Accommodation Controller under sub-section (1) and in conformity with the provisions of this section. (3) If within fifteen days of the receipt by the Accommodation Controller of a notice under sub-section (1) or sub-section (2), the Accommodation Controller does not intimate to the landlord in writing that the building is required for the purpose 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 occupation 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 or to occupy it himself. (4) The landlord shall not let the building to a tenant or occupy it himself, before the expiry of the period of fifteen days specified in sub-section (3) unless in the meantime he has received intimation that the building is not required for the purposes or 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 local authority or any public institution or for the occupation of any officer of such Government or local authority, or for occupation by any of the persons specified in sub-section (3), the landlord shall deliver possession of the building to the Accommodation Controller and the Government, the local authority or public institution or other person shall be deemed to be the tenant of the landlord, with retrospective effect from the date on which the Accommodation Controller received notice under sub-section (1) or sub-section (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 determined 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 fixed, such fair rent as may be determined in accordance with the provisions of this Act: Provided further that a building used as a residential building shall not be used as a non-residential building or vice versa unless the Accommodation Controller after hearing the landlord grants permission under sub-section (1) of section 17: 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 city, town or village and they have not been let by him, the landlord may choose any one of such buildings for his own occupation and shall give notice to the Accommodation Controller specifying the building so chosen by him and every other building not so chosen. (b) When giving notice as aforesaid, the landlord shall also notify to the Accommodation Controller (i) whether any building other than the one chosen by him under clause (a) has been continuously in the occupation of any member of his family or of any dependant of the landlord; (ii) whether he requires the building for his own occupation or for the occupation of any member of his family or of any dependant of the landlord. (c) On receipt of the notice under clause (i) or clause (ii) of clause (b), the Accommodation Controller shall, if he is satisfied that the occupation of the building by any member of his family or of any dependant of the landlord is bona fide, allow such member or dependant to occupy the building; and if he is not so satisfied, he shall make an order refusing such permission. (d) In the case referred to in sub-clause (ii) of clause (b), the Accommodation Controller shall, if he is satisfied that the building is required for any member of the landlord's family or of any dependant of the landlord to occupy the building, make an order permitting the landlord or such member to occupy the building; and if he is not so satisfied, he shall make an order refusing such permission. (e) Any landlord who is aggrieved by any order passed by the Accommodation Controller under clause (c) or clause (d) may, within fifteen days from the date of such order, prefer an appeal in writing to the District Court within whose jurisdiction the building in respect of which the order was passed is situated, and the District Court shall pass such orders on the appeal as it may think fit. (f) Every notice given by a landlord under clause (a) shall, so far as it relates to any building chosen by him for his own occupation, be deemed to be a notice under sub-section (1) where the provisions of sub-section (3) are required to be complied with: Provided that in respect of any building referred to in clause (a) whereof an order under clause (c) or clause (d) has been passed by the Accommodation Controller or, if an appeal has been preferred to the District Court, an order has been passed on the appeal, the landlord shall, immediately after the period of fifteen days from the date of the order passed by the Accommodation Controller or the District Court, as the case may be, be deemed to have given notice under sub-section (1) if such notice had not been given earlier. (g) The Accommodation Controller shall allot any building vested in him under sub-section (5) and mentioned in sub-section (3) accordingly to the rules and priorities prescribed by the Government. (7) (a) Any officer empowered by the Government may summarily dispossess any landlord, tenant or other person occupying any building in contravention of the provisions of this section.