Section 2 — Definitions

Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 · Free to read

In this Act, unless the context otherwise requires,-

(1) "authorized officer" means any officer authorized by the Government under sub-section (1) of section 3;

(2) "building" means any building or hut or part of a building or hut, let or to be let separately for residential or non-residential purposes and includes-

(a) the garden, grounds and out-houses, if any, appurtenant to such building, or hut and let or to be let along with such building or hut, but does not include a room in a hotel or boarding house;

(b) any furniture supplied to the landlord for use in such building or hut or part of a building or hut, but does not include a room in a hotel or boarding house;

(3) "Controller" means any person appointed by the Government by notification, to exercise the powers of a controller under this Act for such area as may be specified in the notification;

(4) "date of the commencement of this Act" means-

(a) in relation to the City of Chennai and to all municipalities constituted or deemed to have been constituted under the Tamil Nadu District Municipalities Act, 1920) (Tamil Nadu Act V of 1920), the date on which this Act is published in the Fort St. George Gazette....

(aa) in relation to the City of Madurai, the first day of May 1971, and

(b) in relation to any other area, the date specified in the notification under clause (c) of sub-section (2) of section 1;

(5) "Government" means the State Government;

(6) "landlord" includes the person who is receiving or is entitled to receive the rent of a building, whether on his own account or on behalf of another or on behalf of himself and others or as an agent, trustee, executor, administrator, receiver or guardian or who would so receive the rent or be entitled to receive the rent, if the building were let to a tenant.

Explanation. - A tenant who sub-lets shall be deemed to be a landlord within the meaning of this Act, in relation to the sub-tenant.

(6A) "member of his family" in relation to a landlord means his spouse, son, daughter, grand-child or dependent parent;

(7) "repairs" means the restoration of a building to a sound or good state after decay or injury, but does not include additions, improvements or alterations except in so far as they are necessary to carry out such restoration;

(8) "tenant" means any person by whom or on whose account rent is payable for a building and includes the surviving spouse, or any son, or daughter, or the legal representative of a deceased tenant who-

(i) in the case of residential building, had been living with the tenant in the building as a member of the tenant's family up to the death of the tenant, and

(ii) in the case of a non-residential building, had been in continuous association with the tenant for the purpose of carrying on the business of the tenant up to the death of the tenant and continues to carry on such business thereafter, and a person continuing in the possession after the termination of the tenancy in his favour, but does not include a person placed in occupation of a building by its tenant or a person to whom the collection of rents or fees in a public market, cart-stand or slaughter house or of rents for shops has been formed out or leased by a municipal council or a panchayat union council for the municipal corporation of Chennai or the municipal corporation of Madurai.