(1) No suit, prosecution, or other legal proceedings shall lie in any Court against any officer or servant of the Government or any person acting under his direction or aiding or assisting him ---
(a) for, or on account of, or in respect of, any sentence passed or deemed to have been passed, any decision given or deemed to have been given, or any act ordered or deemed to have been ordered or done or deemed to have been done by him, in exercise of any jurisdiction or power purporting to have been conferred on him by or under this Act; or
(b) for carrying out any sentence passed or decision given by an Court or other authority in exercise of any such jurisdiction or power as aforesaid.
(2) No suit or other legal proceeding shall lie against the Government for, or on account of, or in respect of, any act, matter or thing whatsoever, purporting to have been done in pursuance of or under this Act.
Power to remove difficulties
35. If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for the removal of the difficulty:
Provided that no such order shall be made after the expiration of two years from the commencement of this Act.
254 *[SCHEDULE - I (See section 5) AMENITIES
1. Air conditioner.
2. Lift.
3. Water cooler.
4. Electrical heater.
5. Frigidaire.
6. Mosaic flooring.
7. Side dadoos.
8. Compound walls.
9. Garden.
10. Over-head tank for water-supply.
11. Electric pump and motor for water-supply.
12. Play ground.
13. Badminton and Tennis courts.
14. Sun breakers.
15. Amenity referred to in the first proviso to sub-section (4) of section 5.
16. Usufructs, if any, enjoyed by the tenant.
17. Features of special architectural interest.
SCHEDULE - II (See section 5) Rates of depreciation.
Type of building Rate of depreciation per annum.
(1) (2)
1. Building built in lime mortar and in which teak has been 1 per cent.
used throughout.
* Inserted by Act No.8 of 1980 which came into force w.e.f 30.07.1980.
255
2. Buildings built partly of brick in lime mortar and partly of 1 ½ per cent.
brick in mud and in which teak has been used.
3. Buildings built in brick in mud and in which country wood 2 per cent.
has been used.
4. Buildings which are inferior to those of class 3 with brick in mud plastered walls and mud 4 per cent floor and in which cheap country wood has been used.
Explanation. - (1) The depreciation shall be calculated for each year on the net value arrived at after deducting the amount of depreciation for the previous year.
(2) The amount of depreciation shall in no case be less than ten per cent of the cost of the construction of the building.
(3) The actual depreciation of a building aged ‘n’ years is calculated by using the formula --- P = A (100-r) n 100 Where A –total cost of construction of the building.
r – rate of depreciation per annum.
n – age of the building (i.e., the number of years).
P – the final depreciated value of the building.
The amount of depreciation will be equal to ('A'-'P') subject to a minimum of ten per cent of 'A'].
_______ 256 STATEMENT OF OBJECTS AND REASONS FOR ACT 5 OF 1969 There has been a tendency to demand disproportionately high rent by the Landlords in the principal towns in the Union Territory of Puducherry. In order to see that the rights of the tenants are adequately safeguarded and also to see that public servants are provided with accommodation, the Government consider it necessary to control accommodation and rent. Accordingly, a bill has been drafted on the lines of the Madras Buildings (Lease and Rent Control) Act, 1960 which permits eviction of tenants only for proper reasons and also empowers the Controller to fix fair rents.
____ STATEMENT OF OBJECTS AND REASONS FOR ACT 15 OF 1970 The object of this Bill is only to effect a minor correction in sub-section (1) of section 33 of the Puducherry Buildings (Lease and Rent Control) Act, 1969 (No.5 of 1969). The words ‘in the Official Gazette” are proposed to be added after the word “notification” in that sub-section.
______ STATEMENT OF OBJECTS AND REASONS FOR ACT 6 OF 1972 The Puducherry Buildings (Lease and Rent Control) Act, 1969 (No.5 of 1969) came into force on 1st August, 1969. Under sub-section (4) of section 1, the Act has validity only for a period of 3 years, i.e., upto 31st July, 1972. It is proposed to extend its life by a further period of 5 years.
The amendment Bill seeks to achieve the above object.
_______ STATEMENT OF OBJECTS AND REASONS FOR ACT 1 OF 1977 The Puducherry Buildings (Lease and Rent Control) Act, 1969 (No.5 of 1969) came into force on 1st August 1969. Under sub-section (4) of section 1, the Act had validity only for a period of 3 years i.e. upto 31.7.72. Hence an amendment to the Act was passed in 1972 extending the life of the Act for a further period of 5 years i.e. upto 31.7.77, it is proposed to extend its life by a further period of 3 years.
The amendment Bill seeks to achieve the above object.
_______ STATEMENT OF OBJECTS AND REASONS FOR ACT 8 OF 1980 The Puducherry Buildings (Lease and Rent Control) Act, 1969 was originally framed on the lines of the then existing Tamil Nadu Act with appropriate modifications to suit local conditions. After 1969, lots of changes took place in the concept of landlord-tenant relationship and also pronouncements in certain judgments of the High Court and the Supreme Court necessitated the amendment of the provisions of the Act, since these cases were with reference to the Tamil Nadu Act, the Tamil Nadu Government had already amended their Act in 1972-73. Meanwhile, this Administration also took steps to amend our Act to keep pace with case law development and also to make it conform to the latest thinking on the subject.
257 The amendments inter alia include provisions empowering the Authorised Officer to order repair of the rented buildings, increase of fair rent in view of the changed circumstances and also introduction of revised procedure in the calculation of rent, making it statutory for the landlord to issue a receipt for the actual amount of rent or advance received by him, providing legal protection to Service/ex-service personnel and the Government servants to get their rented houses vacated as expeditiously as possible and also to make further consequential amendments.
The duration of the original Act was only upto 31-7-1977, i.e., eight years from the commencement of the Act and subsequently extended upto 31- 7-1980 by the Amendment Act of 1977 (No.1 of 1977). It is now proposed to make it a permanent statute.
The draft Bill seeks to achieve the above objects.
______ STATEMENT OF OBJECTS AND REASONS FOR ACT 10 OF 1987 The Central Government has informed that the Officers of the Indian Railways face serious difficulties in getting their own houses vacated from tenants after their retirements and hence the Rent Control Law should provide for vacation of tenants occupying the houses of railway employees who desire to get their own houses to occupy after retirement. Clause (a) of sub-section (3B) of section 10 at present enables a landlord who, being a person in the occupation of any residential premises allotted to him by the Central Government or State Government or any local authority, is required to vacate such residential accommodation or to incur certain obligation on the ground that he owns in the Union territory of Puducherry a residential accommodation either in his own name or in the name of the members of his family to get a right to recover immediately the possession of any premises let out by him. It is necessary that such a right accrues also to the persons in the service of the Central or State Government or any local authority who want to recover possession of his residential building for his own occupation after retirement and such a provision will help the retired railway employees also. It is therefore proposed to amend clause (a) of sub-section (3B) of section 10 of the Puducherry Buildings (Lease and Rent Control) Act, 1969 for this purpose.
The Bill seeks to achieve the above object.
_________