LexThe Telangana Requisitioning of Buildings Act, 1954.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA 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
requisitioning.
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.
2 [Act No. XI of 1954]
20. Repeal of Hyderabad Regulation II of 1357.
21. Act not to apply to buildings newly constructed.
THE TELANGANA REQUISITIONING OF BUILDINGS
ACT, 1954.1
ACT No. XI OF 1954.
1. (1) This Act may be called 2[the Telangana
Requisitioning of Buildings Act, 1954].
(2) It extends to the whole of the 2[State of Telangana.
(3) It shall come into force at once in the municipality
and in the area within, a distance of five miles from the limits
of that municipality; and it shall come into force in any other
3[specified area ] in the State on such date as the State
Government may, by notification in the 2[Telangana Gazette,
appoint.
2. 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;
4[(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—
1. The Andhra Pradesh Requisitioning o f Buildings Act, 1954
(Act No. XI of 1954) in force in the combined State, as on 02.06.2014,
has been adapted to the State of Telangana, under section 101 of the
Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide.
the Telangana Adaptation of Laws Order, 2016 issued in G.O.Ms.No.45,
Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
3. Substituted for the words “Municipality or specified area ” by Act XII of
1960.
4. Clause (aa) inserted by Act No.XII of 1960.
Short title, extent
and
commencement.
Definitions.
2 [Act No. XI of 1954]
(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 authorized
by the State Government of Telangana by notification in the
5Telangana Gazette, to perform the functions of the
comptent authority under this Act;
6[(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 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;]
7[(c) “public purpose ” means any purpose relating to
the provision of accomm odation for the offices and officers
of the Government o f 5[Telangana] or for persons whose
houses are requisitio ned under this Act and includes any
other purpose connected with that Government;]
(d) “prescribed” means prescri bed by rules made
under this Act;
(e) “requisition” means requisition for a public purpose;
5. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
6. Inserted by Act No.XII of 1960.
7. Substituted by Act No.XII of 1960.
[Act No. XI of 1954] 3
(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;
8[(g) [XXX]]
3. 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.
Explanation I.—A building may be requisitioned under
this section notwithstanding, that it is subject to an
agreement of lease.
Explanation I I.— A building that is n ot 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 religi ous
worship.
8. Clause (g) omitted by Act No.XII of 1960.
Requisitioning of
vacant buildings.
4 [Act No. XI of 1954]
4. (1) Where a landlord i s in possession or is entitled to
immediate possession of more buildi ngs, 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 materi al
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 publ ic
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 purp ose, 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.
(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 an d the tenant or the licensee, requisition the
building in the occupation of the landlord and allot to the
Requisitioning of
occupied
buildings.
[Act No. XI of 1954] 5
landlord for his occupation the building in the occupatian 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 issu ed 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 som e 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. (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
Procedure to be
followed before
issuing order of
requisitioning.
6 [Act No. XI of 1954]
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 writ ing, requisition
the building and may make such further orders as appear to
him to be necessary or expedient in connection with the
requisitioning.
6. (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 o r 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.
Manner of service
of the order of
requisition.
[Act No. XI of 1954] 7
7. Every order of requisition shall be in writing and shall
specify—
(a) the period of requisition which shall be 9[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.
10[7-A. 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 representa tions; but in no case
shall the total period of requisition exceed five years.]
8. (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 Governmen t, in the competent authority as
against the landlord, his tenant or licensee, if any , and every
other person having an interest in the building.
9. Substituted for the words “two years” by AP Act No.XIX of 1955.
10. Section 7-A substituted by Act No.XIX of 1955.
Contents of the
order of
requisition.
Power to extend
period of
requisition where
it is less than five
years.
Rights over
requisitioned
building.
8 [Act No. XI of 1954]
(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 as may be
required for evicting any person who refuses to vacate and
for removing any obstruction or resistance to the taki ng 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:
11[XXX]
9. (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.
12[Explanation.- A Munsif appointed under 13[the
Telangana Civil Courts Act, 1972 (Act No. 19 of 1972)] 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.]
11. Proviso omitted by Act No.XII of 1960.
12. Explanation added by Act No.XII of 1960.
13. Adapted by G.O.Ms.No.17, Law (LA, LA&J Home Courts -A2)
Department, dated 06.12.2014.
Fixation of fair
rent.
[Act No. XI of 1954] 9
(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 a nd 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 Subordina te 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.
10 [Act No. XI of 1954]
14[(4) When this Act comes into force in any area in the
cities of Hyderabad and Secunderabad, applica tions for
fixation of fair rent under sub -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. 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 t o the landlord
by mutual agreement, the landlord shall be en titled to take
the building with the additions and alterations of a
permanent nature, but without any liability to pay
compensation for such additions and alteration s, 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 req uisition, subject t o
changes caused by reasonable wear and tear.
11. (1) Any person aggrieved by an order of requisi tion
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 inquir y, if
14. Added by Act No.XII of 1960.
Appeals from
orders or
requisition.
Improvements.
[Act No. XI of 1954] 11
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 th e
order of the competen t authority for such period and on
such conditions as they think fit.
12. (1) The competent authority may, by order, require any
landlord, tenant or other person to furnish such infor mation
and in such manner and at such time as may be specified in
the order relating to a building which is r equisitioned 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 suc h 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. The competent authority or any officer empowered in
this beha lf by such authority, by genera l or specia l 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. 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
Power to obtain
information.
Power to enter
and inspect any
building.
Easement not to
be disturbed.
12 [Act No. XI of 1954]
for permanent use therewith or discontinue or cause to be
discontinued any supply or service provided for the
building.
15. (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 Governmen t, or any other person acting under the
supervision or direction of an officer of the S tate
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 build ing is
vacant or unoccupied or that the residential or non -
residential 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. (1) The State Government may, by notification in the
15[Telangana Gazette], make rules for carrying out the
purposes of this Act.
(2) A ll rules made under this section shall be laid for
not less than fourteen days before 16[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 amendmen t, as 16[the State Legislature] may
make during the session in which they are so laid.
15. Substituted by G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
16. Substituted for the words “the Andhra Pradesh Legislative Assembly''
and for the words “that Assembly” respectively, by Act No.XII of 1960.
Bar of certain
proceedings.
Power to make
rules.
[Act No. XI of 1954] 13
17. (1) The provisions of this Act shall have effect
notwithstanding anything to the contrary in any other law or
in any contract.
17[(2) When this Act comes into forc e 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 of 18the Madras Buildings (Lease and Rent
Control) Act, 1949 (Madra s Act XXV of 1949) in the former
case and 18the Hyderabad Houses (Rent, Eviction and
Lease) Control Act, 1954 (Hyderabad Act XX of 1954)] in the
latter case, shall have effect subject to the provisio ns of this
Act.]
18. 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 se ction 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).
17. Sub-section (2) substituted by Act No.XII of 1960.
18. Both the Acts were repealed by the Andhra Pradesh Buildings
(Lease, Rent and Eviction ) Control Act, 1960 (Act XV of 1960). The said
Act XV of 1960 has been adapted as the Telangana Buildings (Lease,
Rent and Eviction) Control Act, 1960 vide. G. O.Ms.No.45, Law (F)
Department, dated 01.06.2016.
Act to override
contracts and
other laws.
Saving in respect
of buildings
already
requisitioned.
14 [Act No. XI of 1954]
19[19. If any difficulty arises in giving effect to the provisions
of this Act, the State Government may, by order notified in
the 20Telangana Gazette, make such provisions or give such
directions as appear to them to be necessary for the
removal of the difficulty.
20. The Hyderabad Requisitioning of Immovab le Property
(Temporary Powers) Regulation, 1357 Fasli (Hy derabad
Regulation II of 1357 Fasli), is hereby repealed.
21. The provision s of this Act shall not apply to any
building constructed after the commencement of the Andhra
Pradesh Requisitioning of Building s (Extension and
Amendment) Act, 1960, for a period of five years from the
date of such construction.]
* * *
19. Sections 19 to 21 were added by Act No.XII of 1960.
20. Substituted by G.O.Ms.No.45, Law (F) Department, dated.
01.06.2016.
Power to remove
difficulties.
Repeal of
Hyderabad
Regulation II of
1357.
Act not to apply to
buildings newly
constructed.