Andhra pradesh buildings lease rent and eviction control act pdf

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INTRODUCTION

STATEMENT OF OBJECTS AND REASONS At present, there are two Acts, in force in the State which relate to the regulation of leasing of buildings, control of rent thereof, and the prevention of unreasonable eviction of tenants there from namely, the Madras Buildings (Lease and Rent Control) Act 22 1949 (Madras Act XXV of 1949) and the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954 (Hyderabad Act XX of 1954). The former Act, is in force in the Andhra Area while the latter Act, is in force in the Telangana area of the State. In almost all material aspects the provisions in both the Acts, are similar. In order to secure uniformity in the administration of the law on the subject it is necessary to have a unified law applicable throughout the State. The Government have, therefore decided to integrate both the Acts. They have also decided to take the opportunity to incorporate some new provisions in the law so as to overcome certain difficulties experienced in the working of the existing Acts. The Bill is intended to give effect to the above decisions. Some of the important changes sought to be introduced in the law are the following : (a) to adopt 5th April, 1944 as the crucial date with reference to which the fair rent principles have to be applied by the Controller in determining the fair rent of a building; and (b) to enhance the existing percentage of increase, over and above the rent or rental value of a building allowable by the Controller in fixing the fair rent of that building by 50 per cent in each category of building. Some of the important new provisions that are sought to be introduced in the law are the following : (a) to prevent a landlord who has obtained possession of a building for his occupation from letting out the whole or part of it without himself occupying it; (b) to make a provision empowering the Rent Controller to direct the tenant to hand over possession of a building to the landlord to enable him to reconstruct or renovate the old building, subject to certain safeguards; and (c) to provide for the Collector to be the appellate authority on the order of the Controller and the Board of Revenue to be the revisional authority in the Act itself with powers reserved for the Government so as to enable them to call for and examine the records of the subordinate authority in respect of their proceedings and pass suitable orders. (Vide Bill No.17 of 1959 published in A.P. Gazette Part IV-A, dated 31-7-1959.)

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