KERALA
BUILDINGS (LEASE AND RENT CONTROL) AMENDMENT ACT, 1961 THE KERALA BUILDINGS (LEASE AND RENT CONTROL)
AMENDMENT ACT, 1961 [Act No. 29 of 1961] [ 26th August, 1961] An Act to amend the Kerala Buildings (Lease
and Rent Control) Act, 1959. Whereas
it is deemed necessary to amend the Kerala Buildings (Lease and Rent Control)
Act, 1959, for the purposes hereinafter appearing; Be it
enacted in the Twelfth Year of the Republic of India as follows:- (1)
This Act may be called the Kerala Buildings
(Lease and Rent Control) Amendment Act, 1961. (2)
It shall be deemed to have come into force on
the 3rd day of April, 1959. In
section 2 of the Kerala Buildings (Lease and Rent Control) Act, 1959
(hereinafter referred to as the principal Act), in sub-clause (b) of clause
(1), after the words "any furniture supplied", the following words
shall be inserted, namely:- "or
any fittings affixed". In
section 5 of the principal Act, for the proviso to sub-section (2), the
following proviso shall be substituted, namely:- "Provided
that in the case of- (i)
any residential building, or (ii)
any non-residential building, excepting a
building to which fittings have been affixed and such fittings have been
excluded from valuation for the purpose of fixing the property tax or house tax
by a local authority, the fair rent fixed may in proper cases be lower than,
but shall in no case exceed by more than 15 per cent, the monthly rent on the
basis of which the property tax or house tax for the building has been
fixed.". In
section 8 of the principal Act, in sub-section (2),- (i)
clauses (a) and (b) shall be relettered as
clauses (b) and (c) and before clause (b) as so relettered the following shall
be inserted as clause (a), namely:- "(a)
notwithstanding anything contained in. any contract, the rent payable for the
building in case it is a building falling under clause (i) or clause (ii) of
the; proviso to sub-section (2) of section 5 shall be, where the property tax
or house tax has been fixed by the local authority, the maximum rent that may be
fixed by the Rent Control Court as provided for in sub-section (2) of section
5, or the agreed rent whichever is less, and in cases where no property tax or
house tax has been fixed for the building or where it has been fixed not on a
rental basis, the agreed rent;"; (ii)
in clause (b) as so relettered, for the words
"the agreed rent" the following shall be substituted, namely:-
"the rent payable under clause (a) for a building falling under clause (i)
or clause (ii) of the proviso to sub-section (2) of section 5, and the agreed
rent in the case of any other building:"; (iii) in clause (c) as so relettered, for the words, brackets
and letter "save as provided in clause (a), any sum paid in excess of the
agreed rent", the following shall be substituted, namely:- "Save
as provided in clause (b), any sum paid in excess of the rent payable under
clause (a) in the case of a building falling under clause (i) or clause (ii) of
the proviso to sub-section (2) of section 5, and the agreed rent in the case of
any other building:". In
section 11 of the principal Act,- (i)
in the first proviso to sub-section (3), for
the words "has another building in his possession", the words
"has another building of his own in his possession" shall be
substituted; (ii)
after the first proviso to sub-section (3),
the following proviso shall be inserted, namely:- "Provided
further that the Rent Control Court shall not give any direction to a tenant to
put the landlord in possession, if such tenant is depending for his livelihood
mainly on the income derived from any trade or business carried on in such
building and there is no other suitable building available in the locality for
such person to carry on such trade or business:"; (iii)
for clause (i) of sub-section (4), the
following shall be substituted, namely:- "(i)
if the tenant after the commencement of this Act, without the consent of the
landlord, transfers his right under the lease or sublets the entire building or
any portion thereof, if the lease does not confer on him any right to do so;
or". For
sub-section (2) of section 12 of the principal Act, the following sub-section
shall be substituted, namely:- "(2)
The deposit under sub-section (1) shall be made within such time as the court
may fix and in such manner as may be prescribed and shall be accompanied by the
fee prescribed for the service of notice referred to in sub-section (4): Provided
that the time fixed by the court for the deposit of the arrears of rent shall
not be less than four weeks from the date of the order and the time fixed for
the deposit of rent which subsequently accrues due shall not be less than two
weeks from the date on which the rent becomes due.". In section
29 of the principal Act, in sub-section (1), for the brackets, figures, letter
and words "(2) (a) of section 8", the brackets, figures, letter and
words "(2) (b) of section 8" shall be substituted. At the
end of sub-section (3) of section 36 of the principal Act, the following shall
be added, namely:- "unless
and until they are superseded by appointment or constitution, as the case may
be, under this Act.". In the
Schedule to the principal Act, under the heading "VIII Cannanore
District", for items 60, 62, 63 and 64, the following items shall be
substituted, namely:- "60. Kuthuparamba
Panchayat including Pattiam and Mananderi 62. Kasargod Panchayat 63. Kanhangad Panchayat 64. Payyannur
Panchayat".
Preamble - KERALA BUILDINGS (LEASE AND RENT
CONTROL) AMENDMENT ACT, 1961PREAMBLE