252-Ex-IV-2—1

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2018

[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

[ 171 ]

Pages.

ACTS :

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

Act, 2018... ..

172

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)

Act, 2018.

175-176

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

172

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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:

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

Act, 2018.

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

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

referred to as the principal Act), in sub-section (3), after the proviso, the following proviso

shall be added, namely:-

“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

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.

Short title and com-

mencement.

Amendment of

section 11.

Vice-Chancellor to

continue to hold

ofﬁ ce.

Tamil Nadu

Act

8 of 1971.

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.

(By order of the Governor)

S.S. POOVALINGAM,

Secretary to Government,

Law Department.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

173

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

Societies (Appointment of Special Ofﬁ cers) 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:-

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

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

(2) It shall come into force at once.

Short title and

commencement.

Tamil Nadu Act 17

of 1986.

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

Special Ofﬁ cers) Act, 1986, is hereby repealed.

Repeal of Tamil

Nadu Act 17 of

1986.

(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.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

175

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:—

(1) This Act may be called the Chennai City Municipal Corporation

(Amendment) Act, 2018.

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

notiﬁ cation, appoint.

Short title and

commencement.

In Schedule-IV to the Chennai City Municipal Corporation Act, 1919

(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.”.

Amendment of

Schedule-IV.

Tamil Nadu

Act IV of 1919.

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

before the proviso, the following clause shall be inserted, namely:—

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

Amendment of

Schedule – V.

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.

(By order of the Governor)

S.S. POOVALINGAM,

Secretary to Government,

Law Department.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

177

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:--

1. (1)

This Act may be called the Tamil Nadu Agricultural Produce Marketing

(Regulation) Amendment Act, 2018.

Short title and

commencement.

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

May 2018.

Tamil Nadu Act

27 of 1989.

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

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.

Amendment of

section 33.

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.

Validation.

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.

(By order of the Governor)

S.S. POOVALINGAM,

Secretary to Government,

Law Department.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

179

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:—

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

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

Short title.

Tamil Nadu

Act 42 of 2017.

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),—

Amendment of

section 2.

(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:—

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:

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.

252-Ex-IV-2—2

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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;”.

Substitution of

section 4.

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

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

181

(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

such property or conferring any right.”.

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

sub-section shall be substituted, namely:—

Amendment of

section 5.

“(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

sub-section shall be substituted, namely:—

Amendment of

section 6.

“(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;

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

substituted, namely:—

Substitution of

section 8.

“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—2a

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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.”.

Amendment of

section 9.

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

be omitted.

Substitution of

section 10.

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

substituted, namely:—

“10. Rent Authority to ﬁ x 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.”.

Amendment of

section 11.

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

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.

Substitution of

section 12.

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

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.”.

Amendment of

section 13.

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

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.”.

Amendment of

section 14.

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

Amendment of

section 15.

13. In section 15 of the principal Act,—

(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.”.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

183

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

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

more than rupees ﬁ ve thousand” shall be substituted.

Amendment of

section 20.

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

words “simple interest”, the word “interest” shall be substituted.

Amendment of

section 24.

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

substituted, namely:—

Substitution of

Chapters VI

and VII.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

“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:

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

185

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.

Central Act V of 1908.

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

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;

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.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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.

Central Act

V of 1908.

(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.

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,—

Central Act

V of 1908.

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

examining him on oath;

(b) requiring the discovery and production of documents;

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.

(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.

Central Act

XLV of 1860.

Central Act

2 of 1974.

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

under this Act, the Rent Court may—

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

187

(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—3

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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;

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.”.

Substitution of

section 43.

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

substituted, namely:-

“43. Ofﬁ cers 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:

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

189

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

Schedule shall be substituted, namely:—

Substitution of First

Schedule.

“THE FIRST SCHEDULE

[See section 4(3)]

APPLICATION FOR REGISTRATION

The Rent Authority,

........................................

........................................ (Address)

(1)

Name and address of the landlord including email id and

contact details (optional):

(2)

Name

and

address

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):

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190

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

191

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

(Fifth Amendment) Act, 2018.

Short title and

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.

Tamil Nadu Act

IV of 1919.

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

in this Part referred to as the 1919 Act), for clause (a), the following clause shall be

substituted, namely:—

Amendment of

section 326-A.

“(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.”.

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.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Amendment of

section 326-I.

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

expression “twenty-ﬁ ve thousand rupees” shall be substituted.

Amendment of

Schedule VI.

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

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

sectiion 285-A.

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

in this Part referred to as the 1920 Act), for clause (a), the following clause shall be

substituted, namely:—

Tamil Nadu

Act V of 1920.

“(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

section 285-C.

7. In section 285-C of the 1920 Act,—

(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

section 285-I.

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

expression “twenty-ﬁ ve thousand rupees” shall be substituted.

Amendment of

Schedule V.

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

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.”.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

193

PART – IV.

AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971.

Tamil Nadu Act

15 of 1971.

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

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

shall be substituted, namely:—

Amendment of

section 410-A.

“(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

expression “twenty-ﬁ ve thousand rupees” shall be substituted.

Amendment of

section 410-I.

13. In Schedule IV to the 1971 Act, for the entry “Keeping a shaving or hair dressing

saloon”, the following entries shall be substituted, namely:—

Amendment of

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.

Tamil Nadu Act

25 of 1981.

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

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

shall be substituted, namely:—

Amendment of

section 410-A.

“(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.

194

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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

section 410-I.

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

expression “twenty-ﬁ ve thousand rupees” shall be substituted.

Amendment of

Schedule IV.

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

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 Government,

Law Department.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU