2. Control of letting- Sec 4-11
• Sec 4- Notice of Vacancy
• Sec 5-Release of the Building for use of the LL
• Sec 6- Requisitioning of the Building
• Sec 7-LL ’s right to occupy
• Sec 8- Restriction on any structural alterations to a building
• Sec 9- Effect of failure to give notice & Prohibition on
letting
• Sec 10- Occupation without giving notice of vacancy is void
• Sec 11- Exceptions
3. In chp 2
In this chapter 2 parties involved
a) Government- functioning through Authorised
officers / any other officer
b) Landlord
4. Notice of vacancy- Sec 4
• Govt will appoint an authorised officer to act as
an agent.
• Every Landlord is bound to give Notice of
Vacancy within 10 days of the building being
vacant.
• Vacancy may be because:
Vacancy
LL ceases to occupy
Tenancy is
terminated
eviction
Determination
of tenancy
5. How should notice be given???
• Sec 4 (2) read with Rule 3 of the Goa Rent
Control Rules prescribes the manner in which
such notice must be given to the Authorised
officer.
✔Notice must be given by the LL in writing.
✔Can be personally handed over to authorised
officer or sent through registered post.
6. Sec 5- Release of the Building for use of the LL
• Sec 5 (1) – On receipt of Notice u/sec 4, the
authorised Officer, will release the building for
the occupation of the LL or mbr of his family.
• While making this order , Authorised officer will
act: either on application from the LL or
direction from the Govt.
-If the LL wishes to occupy the bldg, he can apply
to the authorised officer.
7. If LL obtains possession
• a) should use it ONLY for the purpose of his
own occupation or mbr of his family.
• b) if he proposes to let it keep vacant- either
whole or part of the bldg- exceeds period
authorised , Then should serve notice u/sec 4
as if bldg is vacant.
8. Case: Anand Mhatme
v. Administrative tribunal
Held:
• Authorised Officer does not hv power to evict a tenant
from bldg as
1. Acts only on behalf of the govt as agent.
2. If premises are required for govt purpose, then bldg is
requisitioned under sec 6
3. Cannot adjudicate any dispute btwn LL & T.
4. If he passes any order of dispossession , amounts to
passed without jurisdiction, therefore liable to be
quashed.
5. No judicial decision can be taken by him except sec 31.
9. Sec 6- Requisitioning of the Building
1. within 15 days on receiving notice either
u/sec 4(1) or u/sec 5(2), the authorised officer
may consider if whether the building is required
for the purpose of
a)Government
b) any local authority,
c) Any public institution under govt control. Or
d) For the occupation of any officer or employee
of govt or local authority.
10. Procedure for requisitioning under sec 6
2) Notice is issued by the authorised officer giving
intimation to the LL
3) In the notice , he calls on the LL to hand over the
possession of the building on a specified date ,
either to him or officer authorised (empowered
by him)
4) Sec 6(2)(a) the LL is to deliver vacant possession
of the building to the Authorised officer on
receipt of order.
5) Rule 4 prescribes the manner in which such
order is made.
11. If LL Fails to deliver
• Sec 6 (2)(b)- In case the LL fails to deliver
possession on the date specified in the order,
then the authorised officer or officer
empowered by him in this behalf may take
possession of the building.
12. After tkg possession
• As soon as the possession of the building is
taken over ,the monthly rent payable to the LL
is decided &
a) LL is given a hearing before fixing the
reasonable rent
b) This reasonable rent so fixed is subject to
the fair rent fixed as determination by the
Rent tribunal
13. Following is basis for fixing rent u/ sec
6
1. Fair rent of the bldg. fixed under the provisions
of Chp 3
2. Other cases rent is determined by the
authorised officer.
3. Where the possession is handed over on the
date specified, LL is entitled for the rent to be
paid from the date on which the authorised
officer received the notice under Sec 4(1) or
5(2).
4. If no notice is tendered,then from the date on
which the possession of the bldg. has been
taken over by the authorised officer/ officer.
14. Next step
• The authorised officer may allot the bldg. for
the purpose it was taken over & the allotted
subject will hold it on the terms & conditions
as specified in the allotment order
• In carrying out these obligations he is merely
an agent of the govt.
15. Sec 7: LL right to occupy
• If Within 15 days of the receipt of the notice
under sec 4(1)or 5(2) by the authorised officer
does not intimate the LL in writing.
• That the bldg. is required for any of the
purpose as specified in Sec6(1).
• Then the LL shall be at liberty to let the bldg.
to either any tenant or occupy it himselfA
16. Sec 8- Restriction on any structural
alterations to a bldg
• Where the building is requisitioned &
• The authorised officer has taken over the
possession of it u/s then
NO structural alterations is permitted to be
made in the building except with the consent of
the LL in writing.
17. Sec 9 Effect of failure to give notice &
Prohibition of letting
• The govt is empowered to requisition the
bldg. even without intimation from the LL u/s
4(1) or 5(2).
• If such intimation is given it shall not affect
any liability of the LL for any penalty to which
the LL was subject for serving of such notice.
18. Sec 10- Occupation without giving notice is VOID
• Where the LL fails to give the intimation to
the authorised officer as required under sec
4(1) or 5(2) &
a) Occupies the bldg. himself or
b) Lets it out to a tenant or
c) Otherwise allows it to be occupied by some
other person
Then such occupation of the bldg. by LL/tenant
etc is VOID.
19. Sec 11- Exemptions of certain classes of
bldg. from application u/Chp 2
• 1.Residential bldg. monthly rent doesn’t
exceed Rs 25.
• 2. Non-Residential bldg. monthly rent doesn’t
exceed Rs 50.
• 3. any bldg. in same city/town/village-owned
by the company intended for occupation of its
employees.
