ACTS - No. 35 of 2018 and No. 40 of 2018

© GOVERNMENT OF TAMIL NADU 2018

[Regd. No. TN/CCN/467/2012-14.

[R. Dis. No. 197/2009.

[Price: Rs. 9.60 Paise.

No. 252] CHENNAI, MONDAY, JULY 16, 2018 Aani 32, Vilambi, Thiruvalluvar Aandu–2049

Part IV—Section 2

Tamil Nadu Acts and Ordinances

CONTENTS

Pages.

ACTS :

No. 35 of 2018— The Tamil Nadu Agricultural University (Amendment)

172 Act, 2018... .. .. .. .. .. .. ..

No.36 of 2018— The Tamil Nadu Agricultural Service Co-operative Societies

(Appointment of Special Offi cers) Repeal Act, 2018. .. 173-174 No. 37 of 2018— The Chennai City Municipal Corporation (Amendment) 175-176 Act, 2018. .. .. .. .. .. .. ..

No. 38 of 2018— The Tamil Nadu Agricultural Produce Marketing (Regulation)

(Amendment) Act, 2018 .. .. .. .. 177-178 No. 39 of 2018— The Tamil Nadu Regulation of Rights and Responsibilities of

Landlords and Tenants (Amendment) Act, 2018 .. .. 179-190 No. 40 of 2018— The Tamil Nadu Municipal Laws (Fifth Amendment) Act, 2018. 191-194 252-Ex-IV-2—1

[ 171 ]172 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 14th July 2018 and is hereby published for general information:—

ACT No. 35 of 2018.

An Act further to amend the Tamil Nadu Agricultural University Act, 1971.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-ninth year of Republic of India as follows:

Short title and com-

1. (1) This Act may be called the Tamil Nadu Agricultural University (Amendment) mencement.

Act, 2018.

(2) It shall come in to force at once.

2. In section 11 of the Tamil Nadu Agricultural University Act, 1971 (hereinafter Tamil Nadu Amendment of section 11.

referred to as the principal Act), in sub-section (3), after the proviso, the following proviso Act shall be added, namely:-

8 of 1971.

"Provided further that a person appointed as Vice-Chancellor shall retire from offi ce if, during the term of his offi ce, he completes the age of seventy years.".

3. Notwithstanding anything contained in the principal Act, as amended by this Act, the Vice-Chancellor of the Tamil Nadu Agricultural University Vice-Chancellor to continue to hold offi ce.

holding offi ce as such immediately before the date of the publication of this Act in the Tamil Nadu Government Gazette, shall continue to hold offi ce as such Vice-Chancellor, for a term of three years from the date on which he entered upon his offi ce.

(By order of the Governor)

S.S. POOVALINGAM, Secretary to Government, Law Department.

The following Act of the Tamil Nadu Legislative Assembly received the assent

of the Governor on the 14th July 2018 and is hereby published for general

information:—

ACT No. 36 of 2018.

An Act to repeal the Tamil Nadu Agricultural Service Co-operative

Societies (Appointment of Special Officers) Act, 1986.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-

ninth Year of the Republic of India as follows:-

Short title and 1. (1) This Act may be called the Tamil Nadu Agricultural Service

commencement.

Co-operative Societies (Appointment of Special Offi cers) Repeal Act, 2018.

(2) It shall come into force at once.

Tamil Nadu Act 17

Repeal of Tamil 2. The Tamil Nadu Agricultural Service Co-operative Societies (Appointment of

of 1986.

Special Offi cers) Act, 1986, is hereby repealed.

Nadu Act 17 of 1986.

(By order of the Governor)

S.S. POOVALINGAM, Secretary to Government, Law Department.

252-Ex-IV-2—1a174 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 175 The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 14th July 2018 and is hereby published for general information:—

ACT No. 37 of 2018.

An Act further to amend the Chennai City Municipal Corporation Act, 1919.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the

Sixty-ninth Year of the Republic of India as follows:—

Short title and 1. (1) This Act may be called the Chennai City Municipal Corporation

commencement.

(Amendment) Act, 2018.

(2) It shall come into force on such date, as the State Government may, by

notifi cation, appoint.

Amendment of 2. In Schedule-IV to the Chennai City Municipal Corporation Act, 1919

Schedule-IV.

(hereinafter referred to as the principal Act), in Part VI, after rule 29-C, the following

rules shall be added, namely:—

"29-D. If any amount remains unpaid after the due date for its payment,

the assessee shall pay, in addition to the amount due, interest at such rate not

exceeding two per cent simple interest, as may be prescribed.

29-E. Where arrears amount are due to the corporation consequent on

the orders delivered by the Taxation Appeal Tribunal in the appeal preferred by the

assessee, the assessee shall pay the said amount with two per cent simple interest

from the due date of payment of the said amount, within fi fteen days from the date of

delivery of the order.

29-F. Five per cent of the net property tax payable by an assessee, subject

to a maximum of fi ve thousand rupees shall be granted as an incentive, who has

paid the property tax within fi fteen days from the date of commencement of the half-

year.".

Tamil Nadu

Amendment of 3. In Schedule-V to the principal Act, in Part II, in rule 14, after clause (h) and

Act IV of 1919.

Schedule – V. before the proviso, the following clause shall be inserted, namely:—

"(i) incentive payable to the assessee under rule 29-F of Schedule-IV.".

(By order of the Governor)

S.S. POOVALINGAM, Secretary to Government, Law Department.

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 14th July 2018 and is hereby published for general information:—

ACT No. 38 of 2018.

An Act further to amend the Tamil Nadu Agricultural Produce Marketing

(Regulation) Act,1987.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the

Sixty-ninth Year of the Republic of India as follows:--

Short title and 1. (1) This Act may be called the Tamil Nadu Agricultural Produce Marketing

commencement.

(Regulation) Amendment Act, 2018.

(2) It shall be deemed to have come into force on the 31st day of

May 2018.

Tamil Nadu Act

Amendment of 2. In section 33 of the Tamil Nadu Agricultural Produce Marketing (Regulation)

27 of 1989.

section 33.

Act, 1987 (hereinafter referred to as the principal Act), in the proviso to sub-section

(1), for the expression "seven years", the expression "seven years and six months"

shall be substituted.

Validation.

3. Notwithstanding anything contained in the principal Act, every person

exercising the powers and discharging the functions of a Special Offi cer of the market

committees, with effect on and from the 31st day of May 2018, shall be deemed to

have been appointed as such Special Offi cer of the said market committees under

sub-section (1) of section 33 of the principal Act, as amended by this Act, and anything

done or any action taken by the said Special Offi cers during the period commencing

on the 31st day of May 2018 and ending with the date of publication of this Act in the

Tamil Nadu Government Gazette, shall be deemed to have been validly done or

taken under the principal Act, as amended by this Act.

(By order of the Governor)

S.S. POOVALINGAM, Secretary to Government, Law Department.

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 14th July 2018 and is hereby published for general information:—

ACT No. 39 of 2018.

An Act to amend the Tamil Nadu Regulation of Rights and

Responsibilities of Landlords and Tenants Act, 2017.

BE it enacted by the Legislative Assembly of the State of

Tamil Nadu in the Sixty-ninth Year of the Republic of India as follows:—

Short title.

1. This Act may be called the Tamil Nadu Regulation of Rights and

Responsibilities of Landlords and Tenants (Amendment) Act, 2018.

Tamil Nadu Act 42 of 2017.

Amendment of section 2.

2. In section 2 of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (hereinafter referred to as the principal Act),—

(1) for clause (a), the following clause shall be substituted,

namely:—

"(a) "agreement" or "tenancy agreement" means the written agreement executed by the landlord and the tenant as required under this Act and shall include a sub-tenancy agreement and sub-lease agreement;";

(2) for clause (c), the following clause shall be substituted,

namely:—

(c) "landlord" means a person, who for the time being is receiving, or is entitled to receive, the rent of any premises, on his own account, if the premises were let to a tenant, and shall include his successor-in-interest:

252-Ex-IV-2—2180 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY Provided that where a person is receiving rent for any premises is entitled to so receive, on account of, or on behalf of, or for the benefi t of, any other person who cannot enter into a contract (such as minor, person with unsound mind, etc.), whether as a trustee, guardian or receiver, then, the said trustee, guardian or receiver shall also be a landlord for the purposes of this Act;";

(3) in clause (f), for the expression "except for industrial use", the expression "except the premises registered under the Factories Act, 1948 (Central Act LXIII of 1948)" shall be substituted;

(4) for clauses (i) and (j), the following clauses shall be substituted,

namely:—

"(i) "Rent Authority" means an offi cer appointed under section 30;

(j) "Rent Court" means a Rent Court constituted under section 32;";

(5) for clause (l), the following clause shall be substituted, namely:—

"(l) "Rent Tribunal" means the Rent Tribunal constituted under

section 35;".

3. For section 4 of the principal Act, the following sections shall be

Substitution of section 4.

substituted, namely:—

"4. Tenancy Agreement.—(1) Notwithstanding anything contained in this Act or any other law for the time being in force, no person shall, after the commencement of this Act, let or take on rent any premises except by an agreement in writing.

(2) Where, in relation to a tenancy created before the commencement of this Act, no agreement in writing was entered into, the landlord and the tenant shall enter into an agreement in writing with regard to that tenancy within a period of ninety days from the date of commencement of this Act:

Provided that where the landlord or tenant, fails to enter into an agreement under this sub-section, the landlord or tenant shall have the right to apply for termination of the tenancy under clause (a) of sub-section (2) of section 21.

(3) Every agreement referred to in sub-section (1) and sub-section (2) and any tenancy agreement in writing already entered into before the commencement of this Act, shall be registered with the Rent Authority by the landlord or tenant, by making an application in the Form specifi ed in the First Schedule within such time as may be prescribed.

(4) On receipt of application under sub-section (3), the Rent Authority shall, within a period of thirty days, register the agreement subject to the provisions of this Act and the rules made thereunder, and provide a registration number.

(5) The Rent Authority shall reject the application submitted under sub-section (3) for reasons to be recorded in writing, if such application does not conform to the provisions of this Act or the rules made thereunder:

Provided that no application shall be rejected unless the parties have

been given an opportunity of being heard.

(6) The Rent Authority shall upload the name of the parties, details of the premises and tenure of the tenancy of all tenancies along with the registration number to be provided under sub-section (4), in the form and manner as may be prescribed, on its website within fi fteen days from the date of registration.

4-A. Effect of non-registration.— No document required to be registered under sub-section (3) of section 4 shall, unless it has been registered,—

(a) affect any immovable property comprised therein, or

(b) confer any power to adopt, or

(c) be received in evidence of any transaction affecting

such property or conferring any right.".

4. In section 5 of the principal Act, for sub-section (3), the following Amendment of section 5.

sub-section shall be substituted, namely:—

"(3) If a tenancy for a fi xed term ends and has not been renewed or the premises have not been vacated by the tenant and where the landlord has not demanded possession of vacant premises at the end of such tenancy, the tenancy shall be deemed to be renewed on a month- to-month basis on the same terms and conditions as were in the expired tenancy agreement, for a maximum period of six months.".

5. In section 6 of the principal Act, for sub-section (2), the following Amendment of section 6.

sub-section shall be substituted, namely:—

"(2) In the event of the death of a tenant, the right of tenancy of residential and non-residential premises shall devolve for the remaining period of tenancy to his successors-in-interest in the following order:—

(a) spouse;

(b) sons, daughters or daughters-in-law being the widow

of a pre-deceased son;

(c) either or both of the surviving parents:

Provided that the successor had been ordinarily living or working

in the premises with the deceased tenant upto his death.".

6. For section 8 of the principal Act, the following section shall be Substitution of section 8.

substituted, namely:—

"8. Rent payable.— The rent payable in relation to a

premises shall be,—

(a) in case of new tenancies entered into after

the commencement of this Act, the rent agreed to between the

landlord and the tenant at the commencement of the tenancy;

(b) in case of tenancies entered into before the

commencement of this Act, where no agreement was executed

between the parties, the rent agreed to between the landlord

and the tenant in the agreement executed between them under

sub-section (2) of section 4 ;

252-Ex-IV-2—2a182 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (c) in case of tenancies entered into before the commence-

ment of the Act, where an agreement in writing was already entered into, the

rent agreed to between the landlord and the tenant in such agreement.".

7. In section 9 of the principal Act, sub-sections (5), (7) and (8) shall

Amendment of section 9.

be omitted.

8. For section 10 of the principal Act, the following section shall be

Substitution of section 10.

substituted, namely:—

"10. Rent Authority to fix or revise rent.—The Rent Authority, on

an application made by the landlord or tenant, shall fi x or revise, as the case

may be, the rent and other charges payable by the tenant and also fi x the

date from which the revised rent becomes payable, in accordance with the

tenancy agreement entered into between the parties.".

9. In section 11 of the principal Act, in sub-section (2), for the expres-

Amendment of section 11.

sion "within one month after vacation of the premises", the expression "at

the time of taking over of possession of the vacant premises by the landlord"

shall be substituted.

10. For section 12 of the principal Act, the following section shall be

Substitution of section 12.

substituted, namely:—

"12.Agreement to be given to the tenant.—The landlord shall

give one original signed and registered agreement to the tenant within fi f-

teen days of the agreement being registered with the Rent Authority.".

11. In section 13 of the principal Act, after sub-section (2), the following

Amendment of section 13.

proviso shall be added, namely:—

"Provided that where the rent or other charges have been paid by the

tenant to the landlord through electronic medium, the bank acknowledge-

ment shall be considered as proof of payment.".

12. In section 14 of the principal Act, sub-section (5) shall be omitted.

Amendment of section 14.

13. In section 15 of the principal Act,—

Amendment of section 15.

(1) for sub-sections (3) and (4), the following sub-sections shall be

substituted, namely:—

"(3) In the event of tenant's refusal to carry out the sched-

uled or agreed repairs, the landlord shall get the repairs done and the tenant

shall be liable to pay the same to the landlord within a period of one month

from the date of issue of notice by the landlord.

(4) In case the landlord refuses to carry out the scheduled

or agreed repairs, the tenant can get the work done and deduct the same

from rent:

Provided that in no case such deduction from rent shall exceed fi fty per

cent of the agreed rent for one month.".

14. In section 20 of the principal Act, in sub-section (4), for the ex- Amendment of section 20.

pression "as may be prescribed", the expression "incurred but shall not be

more than rupees fi ve thousand" shall be substituted.

15. In section 21 of the principal Act, in sub-section (2),— Amendment of

section 21.

(1) for clause (a), the following clause shall be substituted,

namely:—

"(a) that the landlord and tenant have failed to enter into

an agreement under sub-section (2) of section 4.";

(2) for clause (g), the following clause shall be substituted,

namely:—

"(g) that the premises let for residential or

non-residential purpose are required by the landlord for occupation for

residential or non-residential purposes for himself or for any member of

his family or for any person for whose benefi t the premises were held.".

16. In section 22 of the principal Act,— Amendment of

section 22.

(1) in sub-section (1), for the expression "two months", the ex-

pression "three months" shall be substituted;

(2) in sub-section (2), for the expression "the Rent Court may

levy a penalty on the landlord which may extend to ten thousand rupees",

the expression "he shall be liable to penalty imposed by the Rent Court,

which shall not be more than twenty fi ve thousand rupees" shall be sub-

stituted;

(3) after sub-section (2), the following sub-section shall be added,

namely:—

"(3) Where a landlord has acquired any premises by sale,

gift, lease or exchange, no application for recovery of possession of such

premises shall lie under clause (g) of sub-section (2) of section 21 until

the period specifi ed in the tenancy agreement, in respect of the tenancy

created before such transfer, has elapsed:

Provided that if prior to such transfer, the tenant had not entered into

a tenancy agreement with the previous landlord, then the landlord and

the tenant shall enter into such agreement in the manner and within the

period specifi ed in sub-section (2) of section 4.".

17. In section 24 of the principal Act, in sub-section (2), for the

Amendment of section 24.

words "simple interest", the word "interest" shall be substituted.

18. For Chapters VI and VII, the following Chapters shall be

substituted, namely:—

Substitution of Chapters VI and VII.

"CHAPTER - VI.

APPOINTMENT OF RENT AUTHORITIES, THEIR POWERS AND

FUNCTIONS.

30. Appointment of Rent Authority.— The Collector shall, with the previous approval of the Government, appoint an offi cer, not below the rank of Deputy Collector to be the Rent Authority for the area within his jurisdiction to which this Act applies.

31. Power and procedure of Rent Authority.— The Rent Authority shall have the same powers as are vested in Rent Court under this Act, in any proceeding under sections 9, 10, 14, 15 and 20 of the Act. The procedure as laid down in section 36 and 39 of the Act shall be followed in disposal of such applications.

CHAPTER - VII.

RENT COURTS AND RENT TRIBUNALS.

32. Constitution of Rent Court.— (1) The Government may, by notifi cation, constitute such number of Rent Courts in as many urban areas as may be deemed necessary by it:

Provided that where there already exists a Rent Court, the

Government may designate the same as the Rent Court under this Act:

Provided further that where there does not exist any Rent Court, the Government may designate any other Court established under any other law as the Rent Court under this Act.

(2) Where two or more Rent Courts are constituted for any urban area, the Government may, by general or special order, regulate the distribution of business among them.

(3) A Rent Court shall be headed by a Presiding Offi cer to be

appointed by the Government in consultation with the High Court.

(4) No person shall be eligible to be appointed as Presiding Offi cer of

the Rent Court unless he is a member of the State Judicial Service.

(5) The Government may, in consultation with the High Court, authorize the Presiding Offi cer of one Rent Court to discharge the functions of the Presiding Offi cer of another Rent Court also.

33. Appeals.— (1) An appeal shall lie against the order of the Rent Authority made under this Act to the Rent Court having territorial jurisdiction.

(2) An appeal under sub-section (1) shall be preferred within thirty

days from the date of the order made by the Rent Authority.

34. Jurisdiction of Rent Court.—Notwithstanding anything contained in any other law for the time being in force, in the areas to which this Act extends, only the Rent Court and no Civil Court shall have jurisdiction, except the jurisdiction of Rent Authority under section 31, to hear and decide the applications relating to disputes between landlord and tenant and matters connected therewith and ancillary thereto under this Act:

Central Act IV of 1882. Central Act IX of 1872.

Provided that the Rent Court shall, in deciding such applications relating to tenancies and premises, give due regard to the provisions of the Transfer of Property Act, 1882, the Indian Contract Act, 1872 or any other substantive law applicable to such matter in the same manner, in which such law would have been applied had the dispute been brought before a Civil Court by way of suit.

35. Constitution of Rent Tribunals.— (1) The Government may, by notifi cation, constitute such number of Rent Tribunals at such places as may be deemed necessary by it and notify a Rent Tribunal as Principal Rent Tribunal, where more than one Tribunal is constituted:

Provided that where there already exists a Rent Tribunal, the Government may designate the same as the Rent Tribunal under this Act:

Provided further that where there does not exist a Rent Tribunal, the Government may designate any other Tribunal established under any other law as the Rent Tribunal under this Act.

(2) The Rent Tribunal may consist of one or more benches, with each bench being headed by an Appellate Member. The senior most Appellate Member of the Rent Tribunal shall function as the Principal Appellate Member. The Principal Appellate Member may, on application, transfer appeal cases from one bench of the Rent Tribunal to another. Similarly, the Principal Rent Tribunal may, on an application, transfer appeal from one Rent Tribunal to another Rent Tribunal, and all the members of Rent Tribunal shall be appointed by the Government in consultation with the High Court.

(3) No person shall be eligible to be appointed as an Appellate Member of the Rent Tribunal unless he is from State Higher Judicial Service.

36. Procedure of Rent Court and Rent Tribunal.— (1)

Central Act V of 1908.

Subject to any rules that may be made under this Act, the Rent Court and the Rent Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice and shall have power to regulate their own procedure, and the Rent Court shall follow the following procedure, namely:—

(a) the landlord or tenant may fi le an application before the Rent

Court accompanied by affi davits and documents, if any;

(b) the Rent Court, then, shall issue notice to the opposite party,

accompanied by copies of application, affi davits and documents;

(c) the opposite party shall fi le a reply accompanied by affi davits

and documents, if any, after serving a copy of the same to the applicant;

(d) the applicant may fi le a rejoinder, if any, after serving the

copy to the opposite party;

(e) the Rent Court shall, then, fi x a date of hearing and may hold

such summary inquiry as it deems necessary.

(2) In every case, before the Rent Court and the Rent Tribunal, the evidence of a witness shall be given by affi davit. However, the Rent Court and the Rent Tribunal, where it appears to it that it is necessary in the interest of justice to call a witness for examination or cross-examination, such witness can be produced and may order attendance for examination or cross examination of such a witness.

Central Act V of 1908.

(3) The provisions of the Code of Civil Procedure, 1908 regarding service of summons shall be applicable mutatis mutandis for service of notice by the Rent Court or Rent Tribunal.

(4) Every application or appeal, shall be, as far as possible, in the

forms as may be prescribed.

(5) The Rent Court shall not ordinarily allow more than three adjournments at the request of a party throughout the proceedings and in case it decides to do so, it shall record the reasons for the same in writing and order the party requesting adjournment to pay the reasonable cost.

(6) (a) All applications under clauses (a), (b), (c), (e), (f) and (h) of sub-section (2) of section 21 shall be decided within 90 days of fi ling of application to the Rent Court;

(b) Applications under clauses (d) and (g) of sub-section (2) of section 21 shall be decided within 30 days of fi ling of application to the Rent Court.

Central Act V of 1908.

37. Powers of Rent Court and Rent Tribunal.— (1) The Rent Court and the Rent Tribunal, for the purpose of discharging their functions under this Act, shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 for the purposes of,—

(a) summoning and enforcing the attendance of any person and

examining him on oath;

(b) requiring the discovery and production of documents;

(c) issuing commissions for examination of the witnesses or

documents;

(d) issuing commission for local investigation;

(e) receiving evidence on affi davits;

(f) dismissing an application or appeal for default or deciding it

ex-parte;

(g) setting aside any order of dismissal of any application or

appeal for default or any other order passed by it ex-parte;

(h) execution of its orders and decisions under this Act without

reference to any civil court;

(i) reviewing its orders and decisions; and

(j) any other matter as may be prescribed.

Central Act XLV of 1860.

Central Act 2 of 1974.

(2) Any proceedings before the Rent Court or Rent Tribunal shall be deemed to be a judicial proceedings within the meaning of sections 193 and 228, and for the purpose of section 196, of the Indian Penal Code, 1860 and the Rent Court and the Rent Tribunal shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

(3) For the purpose of holding any inquiry or discharging any duty

under this Act, the Rent Court may—

(a) after giving not less than twenty-four hours notice in writing, enter and inspect or authorize any offi cer, subordinate to him, to enter and inspect, any premises at any time between sunrise and sunset;

(b) by written order, require any person to produce for his inspection such books or documents relevant to the inquiry, at such time and at such place as may be specifi ed in the order.

(4) The Rent Court may, if it thinks fi t, appoint one or more persons having special knowledge of the matter under consideration as an assessor or valuer to advise it in the proceeding before it.

(5) Any clerical or arithmetical mistake in any order passed by the Rent Court or any other error arising out of any accidental omission may, at any time, be corrected by the Rent Court on an application received by it in this behalf from any of the parties or otherwise.

Central Act ² of ¹⁹⁷⁴. (6) The Rent Court may exercise the powers of a Judicial Magistrate of First Class for the recovery of the fi ne under the provisions of the Code of Criminal Procedure, 1973 and the Rent Court shall be deemed to be a Magistrate under the said Code for the purposes of such recovery.

(7) An order made by a Rent Court or an order passed in appeal or revision, or review under this Chapter shall be executable by the Rent Court as a decree of a civil court and for this purpose, the Rent Court shall have the powers of a civil court.

(8) The Rent Court may set aside any order passed ex-parte if the aggrieved party fi les an application and satisfi es it that notice was not duly served or that he was prevented by any suffi cient cause from appearing when the case was called for hearing.

(9) Save as otherwise expressly provided in this Act, every order made by the Rent Court shall, subject to decision in appeal, be fi nal and shall not be called in question in any original suit, application or execution proceedings.

38. Appeal to Rent Tribunal.— (1) From every fi nal order passed by the Rent Court, an appeal shall lie to the Rent Tribunal, within the local limits of whose jurisdiction the premises is situated and such an appeal shall be fi led within a period of thirty days from the date of fi nal order along with a copy of such fi nal order.

(2) The Rent Tribunal, upon fi ling an appeal under sub-section (1) shall serve notice, accompanied by copy of appeal to the respondent and fi x a hearing not later than thirty days from the date of service of notice of appeal on the respondent and the appeal shall be disposed of within a period of one hundred and twenty days from the date of service of notice of appeal on the respondent.

(3) Where the Rent Tribunal considers it necessary in the interest of arriving at a just and proper decision, it may allow documents at any stage of the proceedings in appeal, however, this facility would be available to the applicants only once during the hearing.

(4) The Rent Tribunal may, in its discretion, pass such interlocutory order during the pendency of the appeal, as it may deem fi t.

252-Ex-IV-2—3188 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (5) (a) While deciding the appeal, the Rent Tribunal, after recording reasons therefor, confi rm, set aside or modify the order passed by a Rent Court;

(b) The decision of the Rent Tribunal shall be fi nal and no

further appeal or revision shall lie against the order.

(6) On application of any of the parties and after notice to the parties and after hearing such of them as have desired to be heard, or of its own motion without such notice, the Principal Rent Tribunal may, at any stage, transfer any case from one Rent Court to any other Rent Court for disposal.

(7) Where any case has been transferred under sub-section (6), the Rent Court to whom the case has been transferred subject to any special direction in the order of transfer, proceed from the stage at which it was transferred.

39. Execution of the order.— (1) The Rent Court shall, on application of any party, execute in the manner as may be prescribed, a fi nal order of any other order passed under this Act by adopting any one or more of the following modes, namely:—

(a) delivery of possession of the premises to the person in

whose favour the decision has been made;

(b) attachment and sale of the movable or immovable property

of the opposite party;

(c) attachment of any one or more bank accounts of the opposite party and satisfaction of the amount of order to be paid from such account;

(d) appointing any advocate or any other competent person including offi cers of the Rent Court or local administration or local body for the execution of the order.

(2) The Rent Court may take the help from the local government or

local body or the local police for the execution of the fi nal orders:

Provided that the help of police shall be obtained subject to payment

of such cost by the litigants as may be decided by the Rent Court.

(3) The Rent Court shall conduct the execution proceedings in relation to a fi nal order or any other order passed under this Act in summary manner and dispose of the application for execution made under this section within 30 days from the date of service of notice on opposite party.".

19. For section 43 of the principal Act, the following section shall be

Substitution of section 43.

substituted, namely:-

"43. Officers and other employees of the Rent Court, Rent Tribunal and the Rent Authority.— (1) The Government may, in consultation with the Rent Court or the Rent Tribunal or the Rent Authority appoint such offi cers and employees as it considers necessary for the effi cient discharge of their functions under this Act.

(2) The salary and the allowances payable to, and the other terms and conditions of service, of the offi cers and of the employees of the Rent Court or the Rent Tribunal or the Rent Authority, as the case may be, appointed under sub-section (1) shall be such as may be prescribed:

Provided that where there already exists a Rent Court or the Rent Tribunal or the Rent Authority, the Government may designate the existing offi cers and employees as the offi cers and employees of the Rent Court or a Rent Tribunal or a Rent Authority, as the case may be, under this Act.".

20. For the First Schedule of the principal Act, the following Substitution of First Schedule.

Schedule shall be substituted, namely:—

"THE FIRST SCHEDULE

[See section 4(3)]

APPLICATION FOR REGISTRATION

To

The Rent Authority, ........................................ ........................................ (Address)

(1) Name and address of the landlord including email id and

contact details (optional):

(2) Name and address of the Property Manager (if any), including email id and contact details (optional):

(3) Name(s) and address of the tenant Including email and

contact details (optional):

(4) Description of premises let to the tenant including appurtenant

land, if any:

(5) Date from which possession is given to the tenant:

(6) Rent payable as in section 8:

(7) Furniture and other equipment provided to the tenant (if any):

(8) Other charges payable:

(a) Electricity:

(b) Water:

(c) Extra furnishing, fi ttings and fi xtures:

(d) Other services:

(9) Duration of tenancy (Period for which let):

252-Ex-IV-2—3a190 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (10) Attach original executed Tenancy agreement:

(11) ID Proof of landlord submitted:

(PAN / Aadhar / Voters ID / Passport / Driving License)

(12) ID Proof of tenant submitted:

(PAN / Aadhar / Voters ID / Passport / Driving License)

Name and Signature of landlord:

Photograph of

landlord

Name and Signature of tenant:

Photograph of

tenant

Encl.:

(1) Tenancy Agreement

(2) Copy of the self-attested ID proof of landlord

(3) Copy of the self-attested ID proof of tenant.".

(By order of the Governor)

S.S. POOVALINGAM, Secretary to Government, Law Department.

The following Act of the Tamil Nadu Legislative Assembly received the

assent of the Governor on the 14th July 2018 and is hereby published

for general information:—

ACT No. 40 of 2018.

An Act further to amend the laws relating to the Municipal Corporations and

Municipalities in the State of Tamil Nadu.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-

ninth Year of the Republic of India as follows:—

PART – I.

PRELIMINARY.

1. (1) This Act may be called the Tamil Nadu Municipal Laws Short title and (Fifth Amendment) Act, 2018.

commence-

ment.

(2) It shall come into force on such date as the State Government may, by

notifi cation, appoint.

PART – II.

AMENDMENT TO THE CHENNAI CITY MUNICIPAL CORPORATION ACT, 1919.

Amendment of Tamil Nadu Act

2. In section 326-A of the Chennai City Municipal Corporation Act, 1919 (hereinafter

IV of 1919.

in this Part referred to as the 1919 Act), for clause (a), the following clause shall be section 326-A.

substituted, namely:—

"(a) "hoarding" means any screen of boards, other than digital banner

and placard, at any place, used or intended to be used for exhibiting advertisement,

including the frame work or other support, erected, wholly or in part upon or over any

land, building, wall or structure, belonging to the Corporation, visible to public wholly or

partly;".

3. In section 326-C of the 1919 Act,— Amendment of

section 326-C.

(1) in sub-section (1), for the expression "with such fee", the expression "with

such application fee" shall be substituted;

(2) for sub-section (2), the following sub-section shall be substituted, namely:—

"(2) The Commissioner may, after local inspection and on payment of

such licence fee as may be prescribed, grant a licence with such conditions or directions

as may be prescribed.";

(3) in sub-section (5), for the expression "under sub-section (1)", the expression

"under sub-sections (1) and (2)" shall be substituted.".

Amendment of

4. In section 326-I of the 1919 Act, for the expression "ten thousand rupees", the

section 326-I. expression "twenty-fi ve thousand rupees" shall be substituted.

Amendment of

5. In Schedule VI to the 1919 Act, for the entry "Keeping a shaving or hair dressing

Schedule VI. saloon", the following entries shall be substituted, namely :—

"Haircutting saloon or beauty parlour, without partition or room.

Beauty parlour, spa or massage parlour, with partition or room or sauna or

bathing facilities:

Provided that no licence shall be granted unless the applicant produces no

objection certifi cates from the Health department of the Corporation and from such

police offi cer as may be specifi ed by the Commissioner.".

PART – III.

AMENDMENT TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920

Amendment of

6. In section 285-A of the Tamil Nadu District Municipalities Act, 1920 (hereinafter Tamil Nadu

Act V of 1920.

sectiion 285-A. in this Part referred to as the 1920 Act), for clause (a), the following clause shall be

substituted, namely:—

"(a) "hoarding" means any screen of boards, other than digital banner

and placard, at any place, used or intended to be used for exhibiting advertisement,

including the frame work or other support, erected, wholly or in part upon or over any

land, building, wall or structure, belonging to the Municipality, visible to public wholly or

partly;".

Amendment of

7. In section 285-C of the 1920 Act,—

section 285-C.

(1) in sub-section (1), for the expression "with such fee", the expression "with

such application fee" shall be substituted;

(2) for sub-section (2), the following sub-section shall be substituted, namely:—

"(2) The District Collector may, after local inspection and on payment of such

licence fee as may be prescribed, grant a licence with such conditions or directions as

may be prescribed.";

(3) in sub-section (5), for the expression "under sub-section (1)", the

expression "under sub-sections (1) and (2)" shall be substituted.".

Amendment of

8. In section 285-I of the 1920 Act, for the expression "ten thousand rupees", the

section 285-I. expression "twenty-fi ve thousand rupees" shall be substituted.

Amendment of

9. In Schedule V to the 1920 Act, for clause (ii), the following clauses shall be

Schedule V. substituted, namely:—

"(ii) Haircutting saloon or beauty parlour, without partition or room.

(iii) Beauty parlour, spa or massage parlour, with partition or room or sauna or

bathing facilities:

Provided that no licence shall be granted unless the applicant produces no

objection certifi cates from such Health offi cer and police offi cer as may be specifi ed by

the Executive authority.".

PART – IV.

AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971.

Amendment of Tamil Nadu Act

10. In section 410-A of the Madurai City Municipal Corporation Act, 1971

section 410-A.

15 of 1971.

(hereinafter in this Part referred to as the 1971 Act), for clause (a), the following clause

shall be substituted, namely:—

"(a) "hoarding" means any screen of boards, other than digital banner

and placard, at any place, used or intended to be used for exhibiting advertisement,

including the frame work or other support, erected, wholly or in part upon or over any

land, building, wall or structure, belonging to the Corporation, visible to public wholly or

partly;".

11. In section 410-C of the 1971 Act,— Amendment of

section 410-C.

(1) in sub-section (1), for the expression "with such fee", the expression "with

such application fee" shall be substituted;

(2) for sub-section (2), the following sub-section shall be substituted, namely:—

"(2) The District Collector may, after local inspection and on payment of

such licence fee as may be prescribed, grant a licence with such conditions or directions

as may be prescribed.";

(3) in sub-section (5), for the expression "under sub-section (1)", the

expression "under sub-sections (1) and (2)" shall be substituted.".

12. In section 410-I of the 1971 Act, for the expression "ten thousand rupees", the Amendment of expression "twenty-fi ve thousand rupees" shall be substituted.

section 410-I.

13. In Schedule IV to the 1971 Act, for the entry "Keeping a shaving or hair dressing Amendment of saloon", the following entries shall be substituted, namely:—

Schedule IV.

"Haircutting saloon or beauty parlour, without partition or room.

Beauty parlour, spa or massage parlour, with partition or room or sauna or

bathing facilities:

Provided that no licence shall be granted unless the applicant produces no

objection certifi cates from the Health department of the Corporation and from such

police offi cer as may be specifi ed by the Commissioner.".

PART – V.

AMENDMENT TO THE COIMBATORE CITY MUNICIPAL

CORPORATION ACT, 1981.

Amendment of Tamil Nadu Act

14. In section 410-A of the Coimbatore City Municipal Corporation Act, 1981

section 410-A.

25 of 1981.

(hereinafter in this Part referred to as the 1981 Act), for clause (a), the following clause

shall be substituted, namely:—

"(a) "hoarding" means any screen of boards, other than digital banner

and placard, at any place, used or intended to be used for exhibiting advertisement,

including the frame work or other support, erected, wholly or in part upon or over any

land, building, wall or structure, belonging to the Corporation, visible to public wholly or

partly;".

15. In section 410-C of the 1981 Act,— Amendment of

section 410-C.

(1) in sub-section (1), for the expression "with such fee", the expression "with

such application fee" shall be substituted;

(2) for sub-section (2), the following sub-section shall be substituted, namely:—

"(2) The District Collector may, after local inspection and on payment of

such licence fee as may be prescribed, grant a licence with such conditions or directions

as may be prescribed.";

(3) in sub-section (5), for the expression "under sub-section (1)", the expression

"under sub-sections (1) and (2)" shall be substituted.".

Amendment of

16. In section 410-I of the 1981 Act, for the expression "ten thousand rupees", the

section 410-I. expression "twenty-fi ve thousand rupees" shall be substituted.

Amendment of

17. In Schedule IV to the 1981 Act, for the entry "Keeping a shaving or hair dressing

Schedule IV. saloon", the following entries shall be substituted, namely:—

"Haircutting saloon or beauty parlour, without partition or room.

Beauty parlour, spa or massage parlour, with partition or room or sauna or

bathing facilities:

Provided that no licence shall be granted unless the applicant produces no

objection certifi cates from the Health department of the Corporation and from such

police offi cer as may be specifi ed by the Commissioner.".

(By order of the Governor)

S.S. POOVALINGAM, Secretary to Gover nment, Law Department.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU