(1) Where a landlord docs not require the whole or "any part of any premises for a particular period, and after obtaining the permission ox the Rent Authority in the prescribed manner, lets the whole of the premises or part thereof as a residence for such period, not being more than five years, as may be agreed to in writing between the landlord and the tenant and the tenant docs not, on the expiry of the said period, vacate such premises, then, notwithstanding anything contained in s-ction 22 or in any other law, the Rent Authority may, on an application made to him in this behalf by the landlord within such time as may be prescribed, place flu landlord in vacant possession of the premises OT part thereof by evicting the • tenant and every other person who may be in occupation of such premises.
(2) The Rent Authority shall not—
(i) grant permission under sub-section (1) in relation to a premises consecutively more than two times except for goad and sufficient reasons to be recorded in writing.
Explanation.—A permission granted under sub-section (1) shall not be construed to be consecutive, if a period of five years or more has elapsed after the expiry of the last limited period tenancy;
(ii) entertain any application from the tenant calling in question the bonafides of the landlord in letting (he premises under this iectou.
(3) All applications made before the Rent Authority and appeals mnde before the Tribunal by the tenant shall abate on the expiry of period for which permission has been granted under sub-section (1).
(4) While making an order under sub-section ( I ) , the Rent Authority may award to the landlord damages for ifhe use or occupation of the premises •t double the last rent paid by the tenant toeether with interest at the rate of fifteen per cent!, per annum for the period from the (Into of such order till the date of actual vacation by the tenant.
34 Where the landlord in respect nf any premises is any comppny or other body corporate or any public institution, then, ttotwitbstandintj anything contained in section 22 or in anv other law. tihe Rent Authority may. on an application made to him in this behalf by such landlord, place the landlord in vacant possession of such premises by evicting the tenant and every other person who may be in occupation thereof, if the Rent Authority is satisfied that—
(a) the tenant to whom such premises were let for use as a residence at a lime when he was in the service or employment of the landlord, has ceassd to be in such service or empiovment nnd the premises arc rrquired fox the use of employees of surh Iniii11nrd- or
(h) the tenant has act^d in contravention of the terms, express or impWed, under which he wis fmthoriserl to occupy such pmm^p-v, or
(r) nny other person is in nnnuihrvri^d ncciimt'nn of <nch premises'.
Or <•</> ihf premises are required bnnnfide bv the landlord for the me irf1 employees of such landlord or. in the case of a public institution, for the furtherance of its activities Recovery of pusses- •i ion in case of tenancies for limited period.
Special provision for recovery oi possession in certain cases.
131 G of 1-4.
iO HIE (o K7TA II- Ol- INDIA EXTRAORDINARY [PARr II— Percnisaion to construct additional structures .
Special provision regai cling vacant building sites.
Vacant possession to 1-jnd lord.
Application o(!
the Chapter.
Explanation.—Foi tin, purposes ul lhib Motion, "public institution" includes .my Liiic.iuoiidl nisliuitioii, hbiaiy, hospital and charitable dispensary but d o j - i n o 1 i n i I I N L a n y s i u i i I ' c r t j L u l u i n . u u p h y a p n v j t c t i u s f .
35. WJine the lundloid propn is to mal i- any iinpiovcrncni in, or construct any add.riurul stiuetuit-' on, any building wliich lias been lc't to a tenant and the tenant icfuscs to allow the lindloid to malu such impiovetnent or construct SULII additional stiucfure ,md the Rmt An honty, on an application made tr> him in this behalf by the landlord, is satisfied that the landlord is ready and willing to commenee- Hi work and that such woik will not cause any undue hardship to the tenant, ue Rent Authoiily may permit the landlord to do such woik aud may make such othi r ordiu t\< IK- thinks fit in the circumstance'! of the case.
36. Notwithstanding anythiii", foni.iiin d in scilion 2 ' . wlu'te any premises which liavt- bt.'Ln let coinpjise latanl Kind upon which it is permissible under the building regulations or municip il bye law- for the time bcin^ in force, to erect any building, whether for use as a residence oi for any othci purpose and the landlord proposing to erect such biiildinc i^ unable to obtain possession of the land from ihe tm int bv n"ii cmont wrdi him nnd the Rent Authority, on an application made to him in this Kb df by the lindiord, is satisfied f 1 i I * • t h e l a n d l o r d i s r e a d y a n d w i l l m e t o m m m m r e t h e w o i k a n d f h i t t h e severance of the vacant land from the icst of the piemiscs will not cause undue haidshin to the tenant, the Rent Authority mnv--
(a) direct such severance:
(M place the landloid in possession of the vacant land;
(c) determine the rent payable by the tenant in respect of the rest of the premises; and
(if) make t>uch other order TS he thinks fit in (he circumstances of the case.
37. N'^wi'hst.iiidini' anvihiiv..1 contained iu any other Inw, where the interest of a tenant in any premises is deleimined for any reason whatsoever and anv order is made bv the Rent 'Vnrhoiil'v under this Act for the recovery of I--™ rnFV'>" ,̂ c «3ncl) premises, the ordei sh ill. suh'ect tn the piovisions of section 10 he biidiiv on all persons who mav be in occupation of the premises and!
vacant possession thcicof shall be ffivni to the Iandlo'd by evicting all suchpersons therefrom:
Provided that nothing in this section shall apply to any person who has an indf^en lent title to such premises rHAFTFR V HOTFT S AND 1 ODfUNG HOIISFS ,TR. TTIP provivlnns of this Chnrtfcr sh ill apply to all hotels nnd lodging 'muses in the areas which the Ccntial (lovcrnmcnt mav, by notification in the OTi •; ii Ci7Mfe, specify: " r ^rovid^ii that if the Central Government is of opinion that it would not ' ' ' t i r ^ t c MI the public interest to make the provisions of this Chapter applif-'bic tn ?nv rlnss of hotels or lodeinr houses, it mav, by notification in the CVnVH ^T^tto, excrnpt such class of hotels or lodjinf houses from the operation of this Chapter.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 27