The Andhra Pradesh Requisitioning of Buildings Act, 1954.

THE ANDHRA PRADESH REQUISITIONING OF BUILDINGS ACT, 1954.
ACT No. XI of 1954
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and commencement
2. Definitions
3. Requisitioning of vacant buildings
4. Requisitioning of occupied buildings
5. Procedure to be followed before issuing order of requisition
6. Manner of service of the order of requisition
7. Contents of the order of requisition
7-A. Power to extend period of requisition where it is less than five years
8. Rights over requisitioned building
9. Fixation of fair rent
10. Improvements
11. Appeals from orders or requisition
12. Power to obtain information
13. Power to enter and inspect any building
14. Easement not to be disturbed
15. Bar of certain proceedings
16. Power to make rules
17. Act to override contracts and other laws
18. Saving in respect of buildings already requisitioned
19. Power to remove difficulties
20. Repeal of Hyderabad Regulation II of 1357
21. Act not to apply to buildings newly constructed
1THE ANDHRA PRADESH REQUISITIONING OF BUILDINGS ACT, 1954
ACT No. XI of 1954
[30th June, 1954]
AN ACT TO PROVIDE FOR THE REQUISITIONING OF BUILDINGS.
WHEREAS it is expedient to provide for the requisitioning of buildings in
certain areas in the2[State of Andhra Pradesh]; It is hereby enacted as follows:-
1. Short title, extent and commencement - (1) This Act may be called3[the
Andhra Pradesh Requisitioning of Buildings Act, 1954].
 (2) It extends to the whole of the4[State of Andhra Pradesh].
(3) It shall come into force at once in the municipality of Guntur and in
the area within a distance of five miles from the limits of that municipality; and
it shall come into force in any other5[specified area] in the State on such date
as the State Government may, by notification in the6[Andhra Pradesh Gazette],
appoint.
2. Definitions - In this Act, unless there is anything repugnant in the subject
or context—
(a) “area” means any area in which the provisions of this Act are in
force for the time being;
7[(aa) “building” means any house or hut or part of a house or hut,
let or to be let separately for residential or non-residential
purposes and includes-
(i) the garden, grounds, garages and out-houses, if any,
appurtenant to such house, hut or part of such house or hut
and let or to be let along with such house or hut or part of
such house or hut,
(ii) any furniture supplied or any fittings installed by the
landlord for use in such house or hut or part of a house or
hut,
but does not include a room in a hotel or boarding house;]
(b) “competent authority” means the officer authorised by the State
Government by notification in the6[Andhra Pradesh Gazette], to
perform the functions of the competent authority under this Act;
8[(bb) “landlord” includes any person who is receiving or is entitled
to receive the rent of a building, whether on his own account or on
1. For Statement of Objects and Reasons, see Andhra Gazette, Extraordinary dated the 12th
May, 1954, Part IV-A, Pages 165-167.
It was extended to transferred territories (Telangana Area) by section 3 of the Andhra
Pradesh Requisitioning of Buildings (Extension and Amendment) Act, 1960 (Andhra Pradesh
Act XII of 1960).2. Substituted for the words “State of Andhra” by section 4 ibid.3. Substituted for the original short title by the First Schedule to the Andhra Pradesh Laws
(Amendment of Short Titles) Act, 1961 (Andhra Pradesh Act IX of 1961).4. Substituted for the words “State of Andhra” by section 5(a) of the Andhra Pradesh
Requisitioning of Buildings (Extension and Amendment) Act, 1960 (Andhra Pradesh Act XII of
1960).5. Substituted for the words “Municipality or specified area” by section 5(b) ibid.6. Substituted for the words “Andhra Gazette” by Andhra Pradesh Adaptation of Laws Order of
1957.7. Inserted by the Section 6(a) of the Andhra Pradesh Requisitioning of Buildings (Extension
and Amendment) Act, 1960 (Andhra Pradesh Act XII of 1960).8. Inserted by the Act No.XII of 1960, S.6(b).
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;]
1[(c) “public purpose” means any purpose relating to the provision
of accommodation for the offices and officers of the Government of
Andhra Pradesh  or for persons whose houses are requisitioned
under this Act and includes any other purpose connected with that
Government;]
(d) “prescribed” means prescribed by rules made under this Act;
(e) “requisition” means requisition for a public purpose;
(f) “requisitioned building” means a building in respect of which an
order of requisition has been made by the competent authority
under section 3 or section 4;
(g)2[XXX]
3. Requisitioning of vacant buildings  - The competent authority may, for a
public purpose, by order in writing served on the landlord, requisition—
(1) a building newly constructed which has not been occupied;
(2) a building reconstructed which has not been occupied, subsequent to
such reconstruction; or
(3) a building which is, or becomes vacant by the landlord or the tenant
ceasing to occupy it or otherwise.
ExplanationI.— A building may be requisitioned under this section
notwithstanding that it is subject to an agreement of lease.
Explanation II.— A building that is not in continuous use for a residential or
non-residential purpose shall be deemed to be vacant or unoccupied
notwithstanding that it is kept locked or is subject to casual, inconsequential
or temporary use for storage of goods or for the stay of persons.
Explanation III.— Nothing contained in this section or in section 4 shall be
deemed to authorise the requisitioning of any building used exclusively for
purposes of religious worship.
4. Requisitioning of occupied buildings - (1) Where a landlord is in
possession or is entitled to immediate possession of more buildings, than one
in the same area, and the competent authority is of the opinion that, having
regard to the landlord's calling, standard of living, nature and extent of
business and other material facts, the landlord's, residential or non-residential
requirements, as the case may be, would be adequately served allotting to him
one or more of the said buildings and that the other building or buildings are
needed for a public purpose, the competent authority may, by order in writing
served, on the landlord, allot to him for his residential or non-residential
purposes, as the case may be, such one or more buildings and requisition the
other building or buildings.
(2) Where a landlord is in occupation of a portion of a building and the
competent authority is of the opinion that the said portion should be
requisitioned in order that the said portion may, with the rest of the building,
be used as a single unit for a public purpose, the competent authority may, by
order in writing served on the landlord, allot to him for his occupation another
building whether belonging to the landlord or requisitioned from any other
person and requisition the portion of the building of which the landlord is in
occupation.
1. Substituted for the original clause (c) by the Act No. XII of 1960, S.6(c).2. Omitted by the Act No. XII of 1960, S.6(d).
 (3) Where one building belonging to a landlord is in his occupation and
another building belonging to him is in the occupation of another person as the
landlord's tenant or licensee, and the competent authority is of the opinion that
the building in the occupation of the landlord is needed for a public purpose,
and the building in the occupation of the tenant or the licensee is suitable for
the landlord's occupation, the competent authority may, subject to the
provisions of sub-section (5), by order in writing served on the landlord and the
tenant or the licensee, requisition the building in the occupation of the landlord
and allot to the landlord for his occupation the building in the occupation of
the tenant or the licensee.
(4) Where a building is in the occupation of a tenant or a licensee, the
competent authority may, subject to the provisions of sub-section (5), by order
in writing served on the landlord and the tenant or the licensee, requisition the
building.
(5) The tenant or the licensee in the occupation of a building against
whom any order requisitioning a building has been issued under sub-section
(3) or sub-section (4) shall be paid compensation equal to the amount of rent
payable by him for the building for a period of four months plus reasonable
expenses incurred on account of vacating the building and re-occupying
another building, or in lieu of such compensation and expenses, shall be given
two months notice to vacate the building:
Provided that it shall not be necessary to pay any such compensation
and expenses or to give any such notice as aforesaid, if the competent
authority allots to the tenant or licensee for his occupation another building
either belonging to the landlord or the tenant or the licensee or requisitioned
from some other person and which, in the opinion of the competent authority,
is suitable.
(6) Occupation by a person to whom a requisitioned building is allotted
by the competent authority shall be subject to such conditions as may be
prescribed.
5. Procedure to be followed before issuing order of requisition - (1) Before
issuing any order requisitioning a building under section 3 or section 4, the
competent authority—
(a) shall call upon the landlord or any other person who may be in
possession of the building by notice in writing to show cause,
within fifteen days from the date of the service of such notice on
him, why the building should not be requisitioned; and
(b) may, by order direct that neither the landlord nor any other
person shall, without the permission of the competent authority,
dispose of or structurally alter the building or let it out to a tenant
until the expiry of such  period, not exceeding two months, as may
be specified in the order.
 (2) If, after considering the cause, if any, shown by the landlord or other
person in possession of the building, the competent authority is satisfied that
it is necessary or expedient so to do, he may, by order in writing, requisition
the building and may make such further orders as appear to him to be
necessary or expedient in connection with the requisitioning.
6. Manner of service of the order of requisition  - (1) An order of requisition
shall be served on the landlord, the tenant or the licensee—
(a) by delivering or tendering a copy of the order to the landlord or
the tenant or the licensee and, if such delivery or tender is not
immediately practicable, by affixing a copy of the order on the
outer door or other conspicuous part of the building requisitioned;
and
(b) by sending by registered post a copy of the order of requisition
addressed to the landlord or the tenant or the licensee at his usual
place of residence.
(2) An order of requisition shall be deemed to be served on the landlord
or the tenant or the licensee, as the case may be, on the date on which the
copy sent by registered post will, in the usual course of post, be received by the
addressee. Such date is hereafter in this Act referred to as the date of service of
the order.
7.Contents of the order of requisition -  Every order of requisition shall be
in writing and shall specify—
(a) the period of requisition which shall be1[five years] or any
lesser period;
 (b) the officer to whom possession of the building should be
delivered (hereafter in this Act referred to as the authorised officer);
and
 (c) the date on which such possession should be delivered, the
said date not being earlier than three days from the date of service
of the order.
2[7-A. Power to extend period of requisition where it is less than five
years - Where the period of requisition specified in an order of requisition is
less than five years, the competent authority may, from time to time, by order
in writing served on the landlord in the manner laid down in section 6, extend
the period of requisition, after giving the landlord a reasonable opportunity of
making his representations; but in no case shall the total period of requisition
exceed five years.]
8. Rights over requisitioned building -  (1) With effect from the date of
service of the order of requisition, the State Government shall be deemed to be
the tenant of the landlord and, save as otherwise provided by this Act, their
rights and liabilities shall be governed by the Transfer of Property Act, 1882
(Central Act 4 of 1882).
(2) With effect from the date specified under section 7, clause (c), and for
the period of requisition, the right to possession of the requisitioned building
shall vest on behalf of the State Government, in the competent authority as
against the landlord, his tenant or licensee, if any, and every other person
having an interest in the building.
  (3) The person in occupation or control of the requisitioned building
shall deliver possession of the said building to the authorised officer on or
before the date mentioned in the order of requisition; in default, the competent
authority or the authorised officer may take possession of the building
breaking open locks, if any, and using such force with such police assistance
1. For the words “one year” , the words “two years” were substituted by section 2 of the Andhra
Pradesh Requisitioning of Buildings (Amendment) Act, 1955 (President’s Act 3 of 1955) and for
the words “two years”, these words were substituted by section 2 of the Andhra Pradesh
Requisitioning of Buildings (Second Amendment) Act, 1955 (Act XIX of 1955).2.  O r i g i n a l s e c t i o n 7 - A w a s i n s e r t e d b y t h e A n d h r a P r a d e s h R e q u i s i t i o n i n g o f B u i l d i n g s
(Amendment) Act, 1955 (President’s Act 3 of 1955) and this section was substituted for the
original section by the Andhra Pradesh Requisitioning of Buildings (Second Amendment) Act,
1955 (Act XIX of 1955).
as may be required for evicting any person who refuses to vacate and for
removing any obstruction or resistance to the taking of such possession.
(4) The rent payable by the State Government to the landlord for a
requisitioned building shall be paid by the competent authority or the licensee
and shall be such rent as may be agreed between the landlord and the
competent authority or the licensee, as the case may be, or in default of
agreement, shall be the fair rent fixed under section 9:
1[XXX]
9. Fixation of fair rent -  (1) The landlord or the competent authority or the
licensee may apply to the Court of the District Munsif having jurisdiction over
the area in which the requisitioned building is situated for fixing the fair rent of
the building for the period of the requisition.
2[Explanation- A Munsif appointed under3[the Andhra Pradesh (Telangana
Area)   Civil Courts Act, 1954 (Act No. XXXVI of 1954)] in the territories
specified in sub-section (1) of section 3 of the States Reorganisation Act, 1956
(Central Act 37 of 1956), shall be deemed to be a District Munsif for the
purposes of this section.]
(2) The fair rent shall be—
(a) a monthly payment in respect of the period of requisition of a
sum equal to the rent which would have been payable for the use
and occupation of the building, if it had been taken on lease for
that period; and
(b) such sum or sums, if any, as may be found necessary to
compensate the landlord for all or any of the following matters,
namely:--
(i) pecuniary loss due to requisitioning;
(ii)expenses on account of vacating the requisitioned
building;
(iii) expenses on account of reoccupying the building upon
release from requisition; and
(iv) damages (other than normal wear and tear) caused to the
building during the period of requisition, including the
expenses that may have to be incurred for restoring the
building to the condition in which it was at the time of
requisition.
(3) Against an order passed by the District Munsif’s Court fixing the fair
rent, the landlord or the competent authority or the licensee may, within fifteen
days from the date of such order, prefer an appeal to the Subordinate Judge’s
Court having jurisdiction over the area in which the building is situated or if
there is no such Court, to the District Court; and the decision of the
Subordinate Judge’s Court or the District Court, as the case may be, on such
appeal shall be final and shall not be liable to review or revision.
4 [(4) When this Act comes into force in any area in the cities of
Hyderabad and Secunderabad, applications for fixation of fair rent under sub-
1. Proviso omitted by Section 7 of the Andhra Pradesh Requisitioning of Buildings (Extension
and Amendment) Act, 1960 (Andhra Pradesh Act XII of 1960).2. Added by section 8(i) ibid.3. Substituted for the original short title by the Andhra Pradesh Laws (Amendment of short
Titles) Act, 1961 (Andhra Pradesh Act IX of 1961).4. Added by the Act No. XII of 1960, S.8(ii).
section (1) in respect of requisitioned buildings situated in such area shall lie to
the Additional Judge of the City Civil Court, Hyderabad and appeals under
sub-section (3) from any order passed by such Additional Judge shall lie to the
Chief Judge of that Court.]
10. Improvements -  The competent authority shall have power to make or
authorize the making of additions or alterations to the requisitioned building
without the consent of the landlord and without any liability to enhancement of
rent by reason of such additions or alterations:
Provided that, on the expiry of the period of requisition or at the time of
the surrender of the building to the landlord by mutual agreement, the
landlord shall be entitled to take the building with the additions and
alterations of a permanent nature, but without any liability to pay
compensation for such additions and alterations, or to have such additions and
alterations removed and to have the building restored, at the expense of the
State Government, to its condition at the time of the requisition, subject to
changes caused by reasonable wear and tear.
11. Appeals from orders of requisition  - (1) Any person aggrieved by an
order of requisition made by the competent authority under section 3 or section
4 may, within fifteen days from the date of service of the order, prefer an appeal
to the State Government.
(2) On receipt of an appeal under sub-section (1), the State Government
may, after calling for a report from the competent authority and after making
such further inquiry, if any, as may be necessary, pass such orders as they
think fit and the order of the State Government shall be final.
(3) Where an appeal is preferred under sub-section (1), the State
Government may stay the enforcement of the order of the competent authority
for such period and on such conditions as they think fit.
12. Power to obtain information  - (1) The competent authority may, by
order, require any landlord, tenant or other person to furnish such information
and in such manner and at such time as may be specified in the order relating
to a building which is requisitioned or intended to be requisitioned under this
Act.
(2) Whoever being required by an order of the competent authority under sub-
section (1) to furnish any information, wilfully omits to furnish such
information in the manner and at the time required in the order, or furnishes,
as true, information on the subject which he knows or has reason to believe to
be false, shall be punished with fine which may extend to one thousand
rupees.
13.Power to enter and inspect any building - The competent authority or
any officer empowered in this behalf by such authority, by general or special
order, may enter and inspect any building for the purpose of determining
whether, and if so, in what manner, an order under this Act should be made in
relation to such building, or with a view to securing compliance with an order
made under this Act.
14.Easement not to be disturbed  - The landlord of a building requisitioned
under this Act or other person in possession thereof shall not, without the
previous written consent of the competent authority or except for the purposes
of effecting repairs or complying with a municipal requirement, wilfully disturb
any convenience or easement attached to such building or remove, destroy or
render unserviceable anything provided for permanent use therewith or
discontinue or cause to be discontinued any supply or service provided for the
building.
15. Bar of certain proceedings  - (1) No suit, prosecution or other legal
proceeding shall lie against the State Government or the competent authority
or the authorised officer or any other officer or servant of the State
Government, or any other person acting under the supervision or direction of
an officer of the State Government in respect of any order passed or act done or
purporting or intended to be done in good faith under this Act.
(2) The opinion of the competent authority that a building is needed for a
public purpose or that a building is vacant or unoccupied or that the
residential or nonresidential requirements of a person would be adequately
served by allotting to him any particular building or buildings shall be final and
shall not be liable to be questioned in a Court of Law.
16. Power to make rules - (1) The State Government may, by notification in
the1[Andhra Pradesh Gazette], make rules for carrying out the purposes of this
Act.
(2) All rules made under this section shall be laid for not less than
fourteen days before2[both the Houses of the State Legislature] as soon as
possible after they are made, and shall be subject to such modifications,
whether by way of repeal or amendment, as3[the State Legislature] may make
during the session in which they are so laid.
17.Act to override contracts and other laws - (1) The provisions of this Act
shall have effect notwithstanding anything to the contrary in any other law or
in any contract.
4[(2) When this Act comes into force in any area in the territories which
immediately before the 1st November, 1956, were comprised in the State of
Andhra, or in the territories specified in sub-section (1) of section 3 of the
States Reorganisation Act, 1956 (Central Act 37 of 1956), the provisions of5[the Madras Buildings (Lease and Rent Control) Act, 1949 (Madras Act XXV of
1949)] in the former case and the1[Hyderabad Houses (Rent, Eviction and
Lease) Control Act, 1954 (Hyderabad Act XX of 1954)] in the latter case, shall
have effect subject to the provisions of this Act.]
18.Saving in respect of buildings already requisitioned  - Notwithstanding
anything contained in section 1 (3) all buildings requisitioned by the
Government under the Requisitioning of Buildings (Andhra Area) Ordinance,
1953 (Madras Ordinance I of 1953), while that Ordinance was in operation in
the Kurnool and Nandyal Municipalities, shall be deemed to have been
requisitioned under this Act as if such requisitions were made by a competent
authority under this Act after it had been brought into force in the said
municipalities under section 1 (3) of this Act; but nothing contained herein
shall be construed as authorising the making of any fresh requisitions in the
said municipalities unless this Act is brought into force therein by a
notification under section 1 (3).
6[19.Power to remove difficulties - If any difficulty arises in giving effect to
the provisions of this Act, the State Government may, by order notified in the
Andhra Pradesh Gazette, make such provisions or give such directions as
appear to them to be necessary for the removal of the difficulty.
1.  Substituted for the words “Andhra Gazette” by Andhra Pradesh Adaptation of Laws Order of
1957.2.  Substituted for the words “the Andhra Pradesh Legislative Assembly” by section 9 of the
Andhra Pradesh Requisitioning of Buildings (Extension and Amendment) Act, 1960 (Andhra
Pradesh Act XII of 1960).3. Substituted for the words “that Assembly” by ibid.4 . Substituted for the original sub-section (2) by Section 10, ibid.5. See now the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (Andhra
Pradesh Act XV of 1960).6.  Sections 19 to 21 were added by the Act No. XII of 1960, Section 11.
20. Repeal of Hyderabad Regulation II of 1357 Fasli -The Hyderabad
Requisitioning of Immovable Property (Temporary Powers) Regulation, 1357
Fasli (Hyderabad Regulation II of 1357 Fasli), is hereby repealed.
21.Act not to apply to buildings newly constructed  - The provisions of this
Act shall not apply to any building constructed after the commencement of1[the Andhra Pradesh Requisitioning of Buildings (Extension and Amendment)
Act, 1960,] for a period of five years from the date of such construction.]
1. Substituted for the original short title by the first schedule to the Andhra Pradesh Laws
(Amendment of short Titles) Act, 1961, (Andhra Pradesh Act IX of 1961).

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