LexThe Telangana Government Lands and Buildings (Termination of Leases) Act, 1986.
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THE TELANGANA GOVERNMENT LANDS AND BUILDINGS
(TERMINATION OF LEASES) ACT, 1986.
(ACT NO. 18 OF 1986)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Termination of leases.
4. Eviction from demised premises.
5. Manner of eviction from demised premises in certain
cases.
6. Solatium payable to the lessee.
7. Punishment for disobeying eviction order.
8. Offence by companies.
9. Savings.
10. Bar of jurisdiction.
11. Act to override other laws.
12. Power to make rules.
THE TELANGANA GOVERNMENT LANDS AND BUILDINGS
(TERMINATION OF LEASES) ACT, 1986.1
ACT No. 18 OF 1986.
1. (1) This Act may be called the 2Telangana Government
Lands and Buildings (Termination of Leases) Act, 1986.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such date as the
Government may, by notification in the 2Telangana Gazette,
appoint.
2. In this Act, unless the context otherwise requires,-
(a) “appointed date ” means a date appointed under
sub-section (3) of section 1;
(b) “demised premises ” means any land or building
belonging to the Government which has been leased out to
any person or in respect of which there is any arrangement
with any person;
(c) “estate officer” means an officer appointed as such
under section 3 of the 3Telangana Public Premises (Eviction
of Unauthorised Occupants) Act, 1968;
1. The Andhra Pradesh Government Lands and Buildings (Termination
of Leases) Act, 1986 received the assent of the President on the 20th
July, 1986. The said Act in force in the combined State, as on
02.06.2014, has been adapted to the State of Telangana, un der 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. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title, extent
and
commencement.
Definitions.
Act 20 of 1968.
2 [Act No. 18 of 1986]
(d) “Government” means the State Government of
4Telangana;
(e) “notification” means a notification published in the
4Telangana Gazette;
(f) “person” includes a firm or a branch thereof, a body
corporate or a branch thereof or an as sociation or a Joint
Hindu family or a Company;
(g) “prescribed” means prescribed by rules, made
under the Act.
3. Notwithstanding anything contained in the Indian
Contract Act, 1872 and the Tr ansfer of Property Act, 1882, it
shall be lawful for the Government to terminate any lease or
other arrangements entered into or made before or after the
appointed date between the Government and any person, in
respect of any demised premises, where any such demised
premises is required for a public purpose, after giving such
period of notice and in such manner as may be prescribed
to such person and thereupon the rights and liabilities as
between the parties to the lease o r other arrangement shall
cease and determine; b ut any amount due to the
Government from the aforesai d person under the lease or
other arrangement so terminated shall be recovered as an
arrear of land revenue.
4. Where a lease or other arrangement with regard to a
demised premises stands terminated under section 3, the
person in occupation of such premises shall within such
period as may be prescribed not exceeding one hundred
and eighty days, vacate the demised premises and deliver
possession thereof to the Estate Officer if it is a building,
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Termination of
leases.
Central Act IX of 1872.
Central Act IV of 1882.
Eviction from
demised
premises.
[Act No. 18 of 1986] 3
and to the Manda l Revenue Officer in whose jurisdic tion the
land is situated if it is a land.
5. (1) Where any person fails or refuses to vacate and
deliver possession of the demised premises under section
4, the Estate Officer in case of a bui lding, and the Manda l
Revenue Officer in case of a land shall serve an order of
eviction in the manner prescribed on the person in
occupation of the demised premises or on his agent
requiring him to vacate and deliver poss ession thereof
within such time as may be specified in such order and after
the receipt of su ch order the person in occupation of the
demised premises shall vacate the same and deliver
possession thereof to the Estate Officer or as the case may
be to the Manda l Revenue Officer within such time as may
be specified, in such order.
(2) Where the person in occupation of the demised
premises fail to vacate the premises within the time specified
in sub-section (1) the Estate officer, or as the case may be
the Mandal Revenue Officer, may take possession of the
demised premises from the person in occupation thereof
and where any such officer is resisted in the exercise of
such power or discharge of such du ty, the Magistrate
having jurisdiction shall, on a written requi sition from s uch
officer, direct any police officer not below the rank of a
Sub-Inspector to render such help as may be necessary to
enable the officer to exercise such power or discharge such
duty.
(3) Where the demised premises is a building of which
possession is to be taken under this Act and the same is
found locked, the Estate Officer may either cause the
premises sealed or in the presence of two or more
witnesses break or cause it to broken open by its door, gate
or other barriers and enter the premises:
Manner of eviction
from demised
premises in
certain cases.
4 [Act No. 18 of 1986]
Provided that –
(a) no entry shall be made into or possession taken of
a building before sunrise or after sunset;
(b) Where any building is forced open an inventory of
the articles found in the premises shall be taken in the
presence of two or more witnesses.
6. (1) Where a lease is terminated under sec tion 3, the
Government shall pay to the lessee an amount of solatium-
(a) equivalent to four months rent for ever y year of
unexpired period of lease, where such unexpir ed period is
five years or less; or
(b) equivalent to three months rent for every year of
unexpired period of lease where such unexpired period is
more than five years but does not exceed ten years s ubject
to a minimum amount equivalent to twenty months’ rent; or
(c) equivalent to two months rent for every unexpired
period is more than ten years subject to a minimum amount
equivalent to thirty months rent.
Explanation:- For the purpose of computation of the
years of unexpired period of lease under this sub -section
any period not exceeding six months shall be ignored and
any period exceeding six months shall be computed as one
year.
(2) The amount payable under sub -section (1) shall be
paid to the lessee in such manner and within such time as
may be prescribed.
7. Without prejudice to any action that may be taken
under section 5, any person continuing in occupation of a
Solatium payable
to the lessee.
Punishment for
disobeying
eviction order.
[Act No. 18 of 1986] 5
demised premises after the expiry of the period specified in
the order of eviction shall be punishable with imprisonment
of either description which may extend to one year or with
fine which may extend to one thousand rupees or with both.
8. (1) Where an offence against any of the provisions of
this Act or any rule made thereunder has been committed
by a company every person who at the time the offence was
committed was in -charge of , and was responsible to the
company for the conduct of business of the company, as
well as the compan y shall be deemed to be guilty of the
offence and shall be liable to be proceeded a gainst and
punished accordingly:
Provided that nothing contained in this sub -section
shall render any such pers on liable to a ny punishment if he
proves that the offence was committed without his
knowledge or that he had exercised all due diligence to
prevent the commission of such offence.
(2) Notwithstanding anything in sub -section (1) where
any such offence has been committe d by a company and it
is proved that the offence has been committed with the
consent or connivance of or is attributable to any neglect on
the part of any director, manager, secretary or other officer
of the company , such director, manager, secretary or ot her
officer shall be deemed to be guilty of that offence and shall
be liable to be proceeded against and punished
accordingly.
Explanation - For the purpose of this section,-
(a) “company” means any body corporate and
includes a firm, a society or other association of individuals,
and
(b) “director” in relation to-
Offence by
companies.
6 [Act No. 18 of 1986]
(i) a firm, means a partner in the firm;
(ii) a society or other association of individuals means
the person who is entrusted, under the rules of the society
or other association, with the management of the affairs of
the society or other association as the case may be.
9. (1) No suit, prosecu tion or other legal proceedings
shall lie against any person for anything which i s in good
faith done or intended to be so done in pursuance of this
Act or the rules made thereunder.
(2) No suit or other legal proceedings shall lie against
the Gover nment for any damage caused or li kely to be
caused or any injury suffered or likely to be sufferred by
virtue of the provisions of this Act or by anything which is in
good faith done or intended to be so done in pursuance of
this Act or the rules made thereunder.
10. No Court shall have jurisdiction to entertain any suit or
proceeding in respect of an eviction order served under
section 5 on an y person who is in unauthorised occupation
of any demised premises or t he recovery of the amounts
under section 3.
11. The prov isions of th is Act and the rules made
thereunder shall have effect, notw ithstanding anything
inconsistent therewith in any other law for the time being in
force, or any custom, usage or agreement, or decree or
order of a Court, tribunal or other authority.
12. (1) The Government may, by notification make rules for
carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act shall immediately
after it is made, be laid before the Legislature of the State if it
is in session and if it is not in session, in the session
Savings.
Bar of jurisdiction.
Act to override
other laws.
Power to make
rules.
[Act No. 18 of 1986] 7
immediately following for a total period of fourteen days
which may be , comprised in one session or in two
successive sessions , and if before the expiration of the
session in whi ch it is so laid or the session immediately
following, the Legislature agrees in making any modification
in the rule or in the annulment of the rule, the rule shall, from
the date on whic h the modifica tion or annulment is notified,
have effect only in such modified form or shall sta nd
annulled, as the case may be ; so however that any such
modification or annul ment shall be without prejudice to the
validity of anything previously done under that rule.
* * *