TAMIL NADU GOVERNMENT GAZETTE

1 No. 229]CHENNAI, FRIDAY, JULY 14, 2017 Aani 30, Hevilambi, Thiruvalluvar Aandu 2048 TAMIL NADUGOVERNMENT GAZETTEEXTRAORDINARYPUBLISHED BY AUTHORITY [Regd. No. TN/CCN/467 OF TAMIL nadu [R. Dis. No. 197 [Price: Rs. (E) 1 Part IV Section 1 TAMIL nadu Bills[ 401 ]BILLS Bill No. 37 of 2017 The TAMIL nadu Schools (Regulation of Collection of Fee)Amendment Act, 2017 .. Bill No. 38 of 2017 The TAMIL nadu Regulation of Rights and Responsibilities ofLandlords and Tenants Act, Bill No. 39 of 2017 The TAMIL nadu Slum Areas (Improvement and Clearance)Amendment Act, nadu GOVERNMENT GAZETTE EXTRAORDINARYBILL INTRODUCED IN THE LEGISLATIVE ASSEMBLY OF THESTATE OF TAMIL NADUU nder Rule 130 of the TAMIL nadu Legislative Assembly Rules, the following Billwhich was introduced in the Legislative Assembly of the State of TAMIL nadu on14th July, 2017 is published together with Statement of Objects and Reasons forgeneral information: Bill No.]]

2 37 of Bill to Amend the TAMIL nadu Schools (Regulation ofCollection of Fee) Act, 2009BE it enacted by the Legislative Assembly of the State of TAMIL nadu inthe Sixty-eighth Year of the Republic of India as follows:-1.(1) This Act may be called the TAMIL nadu Schools (Regulationof Collection of Fee) Amendment Act, 2017.(2) It shall come into force on such date as the State Governmentmay, by notification, In section 5 of the TAMIL nadu Schools (Regulation of Collectionof Fee) Act, 2009, in sub-section (2), for clause (a), the following clause shallbe substituted namely:- (a) a retired High Court Judge, nominated by the GOVERNMENT , inconsultation with the Chief Justice of High Court of Madras Chairperson Short title ofSection nadu Act22 of nadu GOVERNMENT GAZETTE EXTRAORDINARY403 STATEMENT OF OBJECTS AND GOVERNMENT , in order to regulate the collection of fees by PrivateSchools in the State and the matters connected therewith and incidentalthereto, enacted a comprehensive legislation called The TAMIL nadu Schools(Regulation of Collection of Fee) Act, 2009 ( TAMIL nadu Act 22 of 2009).

3 Thesaid Act came into force on and from 7th December 2009. Sub-section (1)of section 5 of the said Act empowers the GOVERNMENT to constitute aCommittee for the purpose of determination of the fee for admission to anyStandard or course of study in private schools consisting of a retired Judgeof High Court nominated by the GOVERNMENT as Chairperson of the GOVERNMENT have now decided to nominate a retired Judge ofHigh Court in consultation with the Chief Justice of High Court of Madrasand to bring necessary amendment to clause (a) of sub-section (2) of section5 of the said TAMIL nadu Schools (Regulation of Collection of Fee) Act, 2009.( TAMIL nadu Act 22 of 2009) Bill seeks to give effect to the above SENGOTTAIYAN,Minister for School Education,Sports and Youth BOOPATHY,Secretary (In-charge).

4 404 TAMIL nadu GOVERNMENT GAZETTE EXTRAORDINARYBILLS INTRODUCED IN THE LEGISLATIVE ASSEMBLY OF THESTATE OF TAMIL NADUU nder Rule 130 of the TAMIL nadu Legislative Assembly Rules, the following Billwhich was introduced in the Legislative Assembly of the State of TAMIL nadu on14th July, 2017 is published together with Statement of Objects and Reasons forgeneral information: Bill No. 38 of TAMIL nadu REGULATION OF RIGHTS AND RESPONSIBILITIESOF LANDLORDS AND TENANTS ACT, 2017 Arrangement of ClausesCHAPTER Short title, extent and Act not to apply to certain Tenancy Period of Inheritability of Restriction on Rent Revision of Rent Authority to fix or revise Security OF LANDLORD AND One set of original agreement to be given to the Receipt to be given for rent Deposit of rent with the Rent Repair and maintenance of nadu GOVERNMENT GAZETTE EXTRAORDINARY40516.

5 Tenant to look after the Entry with Information about the property Role and responsibilities of property Cutting off or withholding essential supply or OF THE PREMISES BY THE Repossession of the premises by the Recovery of possession for Compensation in case of non Refund of advance rent by the Payment of rent during eviction Permission to build additional Special provision regarding vacant Vacant possession to Provision regarding notice of giving up possession by the COURTS AND RENT Constitution of Rent Constitution of Rent Jurisdiction of Rent Procedure of Rent Court and Rent Powers of Rent Court and Rent Appeal to Rent Execution of the OF RENT AUTHORITIES, THEIR POWERS,FUNCTIONS AND Appointment of Rent Power and Procedure of Rent nadu GOVERNMENT GAZETTE EXTRAORDINARYCHAPTER Jurisdiction of civil courts barred in respect of certain Court Members etc.

6 To be public Members etc. to be under the control of High Protection of action taken in good Power to make Power to remove Repeal and ScheduleSecond ScheduleThird ScheduleTAMIL nadu GOVERNMENT GAZETTE EXTRAORDINARY407A Bill to establish a framework for the regulation of rent and to balance the rightsand responsibilities of landlords and tenants and to provide fast adjudicationprocess for resolution of disputes, and matters connected therewith or it enacted by the Legislative Assembly of the State of TAMIL nadu inthe Sixty-eighth Year of the Republic of India as follows: CHAPTER (1) This Act may be called the TAMIL nadu Regulation of Rights andResponsibilities of Landlords and Tenants Act, 2017.

7 (2) It shall extend to all urban areas of the State of TAMIL nadu .(3) It shall come into force on such date as the GOVERNMENT may,by notification, appoint and different dates may be appointed for differentprovisions of this Act: Provided that the GOVERNMENT may, by notification, exclude any areaor units or class of buildings from the operation of this Act or any this Act, unless the context otherwise requires, (a) agreement or tenancy agreement means the written agreementexecuted by the landlord and the tenant as required under this Act;(b) GOVERNMENT means the State GOVERNMENT ;(c) landlord means a person who, for the time being is receiving,or is entitled to receive, the rent of any premises, whether on his own account,or on account of, or on behalf of, or for the benefit of, any other person oras a trustee, guardian or receiver of any person or who would so receivethe rent or be entitled to receive the rent, if the premises were let to a tenant,and shall include his successor-in-interest;(d) local authority means, (i) a town panchayat or municipality constituted under theTamil nadu District Municipalities Act, 1920; and(ii) a municipal corporation established under any law for the timebeing in force.

8 (iii) a cantonment board constituted under the CantonmentsAct, 2006;(e) person with disability has the same meaning as assigned to itin clause (s) of section 2 of the Rights of Persons with Disabilities Act, 2016;(f) premises means any building or part of a building which is, oris intended to be, let separately for the purpose of residence or for commercialor for educational use, except for industrial use and includes (i) the garden, grounds and out-houses, if any, appertaining tosuch building or part of the building;(ii) any fitting to such building or part of the building for the morebeneficial enjoyment thereof, but does not include hotel, lodging house,dharamshala or inn, or the like.

9 ;Short title,extent NaduAct V Act 41of Act 49of nadu GOVERNMENT GAZETTE EXTRAORDINARY(g) prescribed means prescribed in the rules made under this Act;(h) property manager means a person or company who is employedby the landlord to manage the premises and who represents the landlord inhis dealings with the tenant;(i) Rent Authority means an officer appointed under section 37;(j) Rent Court means a Rent Court constituted under section 30;(k) rent payable in relation to any premises means the rent as persection 8;(l) Rent Tribunal means the Rent Tribunal constituted undersection 31;(m) Schedule means the Schedule to this Act;(n) tenant means a person by whom or on whose account or behalfthe rent of any premises is, or, but for a contract express or implied, wouldbe payable for any premises and includes any person occupying the premisesas a sub-tenant and also, any person continuing in possession after thetermination of his tenancy whether before or after the commencement of thisAct; but shall not include any person against whom any order or decree foreviction has been made.

10 (o) Urban Area means the areas that fall under the jurisdiction ofeither the Municipal Corporation or the Municipality or the Town Panchayator the Cantonment Board, as the case may Nothing in this Act shall apply to (a) any premises owned or promoted by the Central or State Governmentor Local Authority or a GOVERNMENT undertaking or enterprise or a statutorybody or cantonment board;(b) premises owned by a company, university or organization given onrent to its employees as part of service contract;(c) any premises owned by religious or charitable institutions as maybe specified by the GOVERNMENT , by notification;(d) any premises owned by Waqf registered under the Waqf Act, 1995or to any trust registered under the Indian Trusts Act, 1882.