fromSC Vashishth
to
date2 December 2008 11:12
subjectA landmark Decision clarifying the obligations of NGOs entailed by the RTI Act
mailed-bygmail.com

Dear Friends,

This decision by Central Information Commissioner brings NGOs funded by Govt under the ambit of RTI Act and also requires the NGOs to set up mechanisms to handle RTI applications.

Here is the exact order. Are we ready?

warm regards

A three member CIC Bench consisting of Chief Information Commissioner
Wajahat Habibullah, Information Commissioners A.N. Tiwari and Mrs.
Padma Balasubramanian pronounced a landmark Decision (Complaint
No.CIC/PB/C/2008/00723, 26Nov.2008) clarifying the obligations of
NGOs entailed by the RTI Act:

"The Commission feels that there may be similar such cases where an
NGO which is being substantially financed by the Government has not
set up a mechanism and have thereby evaded compliance with provisions
of the RTI Act. The Commission, therefore, recommends that Ministries
and Departments of the Central Government should make an assessment
as to whether the NGOs who are being financed by them have set up a
mechanism to provide information to the citizens who wish to obtain
information under the RTI Act. If such a mechanism has not been set
up by any of the NGOs receiving funds from the Central Government, it
is recommended that the Government should not release any fund till
the time such mechanism is set up and other obligations as
contemplated under the Act are complied with. A copy of this order
should be sent to all Ministries and Departments of the Government of
India for taking further necessary action in regard to this matter."
Warm regards,

Subhash Chandra Vashishth
Mobile : +91-11-9811125521

THE PASSPORTS ACT, 1967

[Act No. 15 of 1967 dated 24th. June, 1967]

An Act to provide for the issue of passports and travel documents, to regulate the departure from India of citizens of India and for other persons and for matters incidental or ancillary thereto.
Be it enacted by Parliament in the Eighteenth Year of the Republic of India as follows: -
1. Short title and extent
(1) This Act may be called the Passports Act, 1967.
(2) It extends to the whole of India and applies also to citizens of India who are outside India.
2. Definitions
In this Act, unless the context otherwise requires,
(a) "departure", with its grammatical variations and cognate expressions, means departure from India by water, land or air;
(b) "passport" means a passport issued or deemed to have been issued under this Act;
(c) "passport authority" means an officer or authority empowered under rules made under this Act to issue passports or travel documents and includes the Central Government;
(d) "Prescribed" means prescribed by rules made under this Act;
(e) "travel document" means a travel document issued or deemed to have been issued under this Act.
3. Passport or travel document for departure from India
No person shall depart from, or attempt to depart from, India unless he holds in this behalf a valid passport or travel document.
Explanation.- For the purposes of this section,-
(a) "passport" includes a passport which having been issued by or under the authority of the Government of a foreign country satisfies the conditions prescribed under the Passport (Entry into India) Act, 1920 in respect of the 34 of 1920 class of passports to which it belongs;
(b) "travel document" includes a travel document which having been issued by or under the authority of the Government of a foreign country satisfies the conditions prescribed.
4. Classes of passports and travel documents
(1) The following classes of passports may be issued under this Act, namely: -
(a) ordinary passport; (b) official passport; (c) diplomatic passport.
(2) The following classes of travel documents may be issued under this Act, namely: -
(a) emergency certificate authorising a person to enter India;
(b) certificate of identity for the purpose of establishing the identity of person;
(c) such other certificate or document as may be prescribed.
(3) The Central Government shall, in consonance with the usage and practice followed by it in this behalf, prescribe the classes of persons to whom the classes of passports and travel documents referred to respectively in sub-section (1) and sub-section (2) may be issued under this Act.
5. Applications for passports, travel documents, etc., and orders thereon
1[(1) An application for the issue of a passport under this Act for visiting such foreign country or countries (not being a named foreign country) as may be specified in the application may be made to the passport authority and shall be accompanied by 2[Such fee as may be prescribed to meet the expenses incurred on special security paper, printing, lamination and other connected miscellaneous services in issuing passports and other travel documents].
Explanation.- In this section, "named foreign country" means such foreign country as the Central Government may, by rules made under this Act, specify in this behalf.
(1A) An application for the issue of-
(i) a passport under this Act for visiting a named foreign country; or
(ii) a travel document under this Act, for visiting such foreign country or countries (including a named foreign country) as may be specified in the application or for an endorsement on the passport or travel document referred to in this section,
may be made to the passport authority and shall be accompanied by such fee (if any) not exceeding rupees fifty, as may be prescribed.
(1B) Every application under this section shall be in such form and contain such particulars as may be prescribed.]
(2) On receipt of an application 3[under this section], the passport authority, after making such inquiry, if any. as it may consider necessary, shall, subject to the other provisions of this Act, by order in writing,-
(a) issue the passport or travel documents with endorsement, or, as the case may be, make on the passport or travel document the endorsement, in respect of the foreign country or countries specified in the application; or
(b) issue the passport or travel document with endorsement, or, as the case may be, make on the passport or travel document the endorsement, in respect of one or more of the foreign countries specified in the application and refuse to make an endorsement in respect of the other country or countries; or
(c) refuse to issue the passport or travel document or, as the case may be, refuse to make on the passport or travel document any endorsement.
(3) Where the passport authority makes an order under clause (b) or clause (c) of sub-section (2) on the application of any person, it shall record in writing a brief statement of its reasons for making such order and furnish to that person on demand a copy of the same unless in any case the passport authority is of the opinion that it will not be in the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country or in the interests of the general public to furnish such copy.
6. Refusal of passports, travel documents. etc.
(1) Subject to the other provisions of this Act, the passport authority shall refuse to make an endorsement for visiting any foreign country under clause (b) or clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and no other ground, namely: -
(a) that the applicant may, or is likely to, engage in such country in activities prejudicial to the sovereignty and integrity of India:
(b) that the presence of the applicant in such country may, or is likely to, be detrimental to the security of India;
(c) that the presence of the applicant in such country may, or is likely to, prejudice the friendly relations of India with that or any other country,
(d) that in the opinion of the Central Government the presence of the applicant in such country is not in the public interest.
(2) Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely: -
(a) that the applicant is not a citizen of India.,
(b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India.,
(c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India;
(d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country;
(e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;
(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;
(g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court;
(h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation;
(i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest.
7. Duration of travel document
A passport or travel document shall, unless revoked earlier, continue in force for such period as may be prescribed and different periods may be prescribed for different classes of passports or travel documents or for different categories of passports or travel documents under each such class:
Provided that a passport or travel document may be issued for a shorter period than the prescribed period-
(a) if the person by whom it is required so desires; or
(b) if the passport authority, for reasons to be communicated in writing to the applicant, considers in any case that the passport or travel document should be issued for a shorter period.
4[8. Extention of period of passport

Where a passport is issued for a shorter period than the prescribed period under section 7, such shorter period shall, unless the passport authority for reasons to be recorded in writting otherwise determines, be extendable for a further period (which together with the shorter period shall not exceed the prescribed period) and provision of this Act shall apply to such extension as they apply to the issue thereof.]
9. Conditions and forms of passports and travel documents
The conditions subject to which, and the form in which, a passport or travel document shall be issued or renewed shall be such as may be prescribed:
Provided that different conditions and different forms may be prescribed for different classes of passports or travel documents or for different categories of passports or travel documents under each such class:
Provided further that a passport or travel document may contain in addition, to the prescribed conditions such other conditions as the passport authority may, with the previous approval of the Central Government, impose in any particular case.
10. Variation, impounding and revocation of passports and travel documents
(1) The passport authority may, having regard to the provisions of sub-section (1) of section 6 or any notification under section 19, vary or cancel the endorsements on a passport or travel document or may, with the previous approval of the Central Government, vary or cancel the conditions (other than the prescribed conditions) subject to which a passport or travel document has been issued and may, for that purpose, require the holder of a passport or a travel document, by notice in writing, to deliver up the passport or travel document to it within such time as may be specified in the notice and the holder shall comply with such notice.
(2) The passport authority may, on the application of the holder of a passport or a travel document, and with the previous approval of the Central Government also vary or cancel the conditions (other than the prescribed conditions) of the passport or travel document.
(3) The passport authority may impound or cause to be impounded or revoke a passport or travel document,-
(a) if the passport authority is satisfied that the holder of the passport or travel document is in wrongful possession thereof;
(b) if the passport or travel document was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the passport or travel document or any other person on his behalf;
5[Provided that if the holder of such passport obtains another passport the passport authority shall also impound or cause to be impounded or revoke such other passport]

(c) if the passport authority deems it necessary so to do in the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public;
(d) if the holder of the passport or travel document has, at any time after the issue of the passport or travel document, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;
(e) if proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before a criminal court in India.
(f) if any of the conditions of the passport or travel document has been contravened;
(g) if the holder of the passport or travel document has failed to comply with a notice under sub-section (1) requiring him to deliver up the same;
(h) if it is brought to the notice of the passport authority that a warrant or summons for the appearance, or a warrant for the arrest, of the holder of the passport or travel document has been issued by a court under any law for the time being in force or if an order prohibiting the departure from India of the holder of the passport or other travel document has been made by any such court and the passport authority is satisfied that a warrant or summons has been so issued or an order has been so made.
(4) The passport authority may also revoke a passport or travel document on the application of the holder thereof.
(5) Where the passport authority makes an order varying or cancelling the endorsements on, or varying the conditions of, a passport or travel document under sub-section (1) or an order impounding or revoking a passport or travel document under sub-section (3), it shall record in writing a brief statement of the reasons for making such order and furnish to the holder of the passport or travel document on demand a copy of the same unless in any case, the passport authority is of the opinion that it will not be in the interests of the sovereignty and integrity of India, the security of India. friendly relations of India with any foreign country or in the interests of the general public to furnish such a copy.
(6) The authority to whom the passport authority is subordinate may, by order in writing, impound or cause to be impounded or revoke a passport or travel document on any ground on which it may be impounded or revoked by the passport authority and the foregoing provisions of this section shall, as far as may be, apply in relation to the impounding or revocation of a passport or travel document by such authority.
(7) A court convicting the holder of a passport or travel document of any offence under this Act or the rules made thereunder may also revoke the passport or travel document:

Provided that if the conviction is set aside on appeal or otherwise the revocation shall become void.
(8) An order of revocation under sub-section (7) may also be made by an appellate court or by the High Court when exercising its powers of revision.
(9) On the revocation of a passport or travel document under this section the holder thereof shall, without delay, surrender the passport or travel document, if the same has not already been impounded, to the authority by whom it has been revoked or to such other authority as may be specified in this behalf in the order of revocation.
11. Appeals
(1) Any person aggrieved by an order of the passport authority under clause (b) or clause (c) of sub-section (2) of section 5 or clause (b) of the proviso to section 7 or sub-section (1), or sub-section (3) of section 10 or by an order under sub-section (6) of section 10 of the authority to whom the passport authority is subordinate, may prefer an appeal against that order to such authority (hereinafter referred to as the appellate authority) and within such period as may be prescribed:
Provided that no appeal shall lie against any order made by the Central Government.
(2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor:
Provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.
(3) The period prescribed for an appeal shall be computed in accordance with the provisions of the Limitation Act, 1963, (36 of 1963) with respect to the computation of the periods of limitation thereunder.
(4) Every appeal under this section shall be made by a petition in writing and shall be accompanied by a copy of the statement of the reasons for the order appealed against where such copy has been furnished to the appellant and 6[by such fee as may be prescribed for meeting the expenses that may be incurred in calling for relevant records and for connected services]
(5) In disposing of an appeal, the appellate authority shall follow such procedure as may be prescribed:
Provided that no appeal shall be disposed of unless the appellant has been given a reasonable opportunity of representing his case.
(6) Every order of the appellate authority confirming, modifying or reversing the order appealed against shall be final.

12. Offences and penalties
(1) Whoever-
(a) contravenes the provisions of section 3; or
(b) knowingly furnishes any false information or suppresses any material information with a. view to obtaining a passport or travel document under this Act or without lawful authority alters or attempts to alter or causes to alter the entries made in a passport or travel document; or
(c) fails to produce for inspection his passport or travel document (whether issued under this Act or not) when called upon to do so by the prescribed authority; or
(d) knowingly uses a passport or travel document issued to another person; or
(e) knowingly allows another person to use a passport or travel document issued to him,
shall be punishable with imprisonment for a term which may extend to 7[two years or with fine which may extend to five thousand rupees] or with both.
8[(1A) Whoever, not being a citizen of India,-
(a) makes an application for a passport or obtains a passport by suppressing information about in nationality, or
(b) holds a forged passport or any travel document,
shall be punishable with imprisonment for a term which shall not be less than one year but may extend to five years and with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees] or with both.
(2) Whoever abets any offence punishable under 9[sub-section (1) or sub-section (1A)] shall, if the act abetted is committed in consequence of the abetment, be punishable with the punishment provided in that sub-section for that offence.
(3) Whoever contravenes any condition of a passport or travel document or any provision of this Act or any rule made thereunder for which no punishment is provided elsewhere in this Act shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.
(4) Whoever, having been convicted of an offence under this Act, is again convicted of an offence under this Act shall be punishable with double the penalty provided for the latter offence,
13. Power to arrest

(1) Any officer of customs empowered by a general or special order of the Central Government in this behalf and any 10[officer of police or emigration officer] not below the rank of a sub-inspector may arrest without warrant any person against whom a reasonable suspicion exists that he has committed any offence punishable under section 12 and shall, as soon as may be, inform him of the grounds for such arrest.
(2) Every officer making an arrest under this section shall, without unnecessary delay, take or send the person arrested before a magistrate having jurisdiction in the case or to the officer in charge of the nearest police station and the provisions of 11[section 57 of the Code of Criminal Procedure, 1973 (2 of 1974)] shall, so far as may be, apply in the case of any such arrest.
14. Power of search and seizure
(1) Any officer of customs empowered by a general or special order of the Central Government in this behalf and any 10[officer of police or emigration officer] not below the rank of a sub-inspector may search any place and seize any passport or travel document from any person against whom a reasonable suspicion exists that he has committed any offence punishable under section 12.
(2) The provisions of the 12[Code of Criminal Procedure, 1973 (2 of 1974)] relating to searches and seizures shall, so far as may be, Apply to searches and seizures under this section.
15. Previous sanction of Central Government necessary
No prosecution shall be instituted against any person in respect of any offence under this Act without the previous sanction of the Central Government or such officer or authority as may be authorized by that Government by order in writing in this behalf.
16. Protection of action taken in good faith
No suit, prosecution or other, legal proceeding shall lie against the Government or any officer or authority for anything which is in good faith done or intended to be done tinder this Act.
17. Passport and travel document to be property of Central Government
A passport or travel document issued under this Act shall in all times remain the property of the Central Government.
13[***]
19. Passports and travel documents to be invalid for travel to certain countries
Upon the issue of t notification by the Central Government that a foreign country is-
(a) a country which is committing external aggression against India; or
(b) a country assisting the country committing external aggression against India; or
(c) a country where armed hostilities are in progress; or
(d) a country to which travel must be restricted in the public interest because such travel would seriously impair the conduct of foreign affairs of the Government of India,
a passport or travel document for travel through or visiting such country shall cease to be valid for such travel or visit unless in any case a special endorsement in that behalf is made in the prescribed form by the prescribed authority.
20. Issue of passports and travel documents to persons who are not citizens of lndia
Notwithstanding anything contained in the foregoing provisions relating to issue of a passport or travel document, the Central Government may issue, or cause to be issued, a passport or travel document to a person who is not a citizen of lndia if that Government is of the opinion that it is necessary so to do in the public interest.
21. Power to delegate
The Central Government may, by notification in the Official Gazette, direct that any power or function which may be exercised or performed by it under this Act other than the power under clause (d) of sub-section (1) of section 6 or the power under clause (i) of sub-section (2) of that section or the power under section 24, may, in relation to such matters and subject to such conditions, if any, as it may specify in the notification, be exercised or performed-
(a) by such officer or authority subordinate to the Central Government; or
(b) by any State Government or by any officer or authority subordinate to such Government; or
(c) in any foreign country in which there is no diplomatic mission of India, by such Consular Officer;
as may be specified in the notification.
22. Power to exempt
Where the Central Government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the Official Gazette and subject to such conditions, if any, as it may specify in the notification,-
(a) exempt any person or class of persons from the operation of all or any of the provisions of this Act or the rules made thereunder; and

(b) as often as may be, cancel any such notification and again subject, by a like notification, the person or class of persons to the operation of such provisions.
23. Act to be in addition to certain enactments
The provisions of this Act shall be in addition to and not in derogation of the provisions of the Passport (Entry into India) Act, 1920 (34 of 1920), the 14[Emigration Act, 1983 (31 of 1983), the Registration of Foreigners Act, 1939 (16 of 1939), the Foreigners Act, 1946 (31 of 1946), 15[***] the Trading with the Ememy (Continuance of Emergency Provisions) Act, 1947 (16 of 1947), the Foreigners Law (Application and Amendment) Act, 1962 (42 of 1962), 16[the Foreign Exchange Regulation Act, 1973] and other enactments relating to foreigners and foreign exchange.
24. Power to make rules
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the appointment, jurisdiction, control and functions of passport authorities,
(b) the classes of persons to whom passport and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued;
(c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made;
(d) the period for which passports and travel documents shall continue in force;
(e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied;
17[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5];
(f) the fees payable in respect of 18[[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport] for visiting a foreign country referred to in sub-section (1A) of section 5 or issue of a passport]] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act:
(g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities;

(h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor,
(i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act.
(3) Every rule made under this Act shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 19[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity or anything previously done under that rule.
25. Change of short title of Act 34 of 1920
In the Indian Passport Act, 1920, in sub-section (1) of section 1, for the words and figures "the Indian Passport Act, 1920", the words, brackets and figures "the Passport (Entry into India) Act, 1920" shall be substituted.
20[***]
27. Repeal and saving
(1) The Passports Ordinance, 1967 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken or purporting to have been done or taken under the said Ordinance shall be deemed to have been done or taken under this Act as if this Act had commenced on the 5th day of May, 1967.
Foot Notes
1. Inserted by Act 31 of 1978, w.e.f. 18th. August, 1978.
2. Substituted. for the words "a fee of rupees fifty" by the passports (Amendment) Act 1993 (Act No. 35 of 1993) dated 13th April, 1993.
3. Inserted by Act 31 of 1978, w.e.f. 18th. August, 1978.
4. Substituted by Act No. 35 of 1993 dated 13th. April, 1993 for earlier section 8.
5. Proviso inserted by Act No. 35 of 1993 dated 13th. April, 1993.
6. Substituted by Act No. 35 of 1993 dated 13th. April 1993, for the words and brackets "by such fee (if any) not exceeding rupees twenty five as may be prescribed".

7. Substituted by Act No. 35 of 1993 dated 13th. April 1993, for the words "Six months or with fine which may extend to two thousand rupees".
8. Inserted by Act No. 35 of 1993 dated 13th April 1993.
9. Substituted by Act. No. 35 of 1993 dated 13th April 1993.
10. Substituted by Act No. 35 of 1993 dated 13th April 1993 for the words "Officer of Police".
11. Substituted by Act No. 31 of 1978, w.e.f. 18th. August 1978.
12. Substituted by Act No. 31 of 1978.
13. Earlier section 18 omitted by Act No. 35 of 1993 dated 13th. April 1993.
14. Substituted by Act No. 35 of 1993 dated 13th. April, 1993 for the words and figures "The Emigration Act, 1922".
15. Omitted by Act No. 31 of 1978, w.e.f. 18th. August, 1978.
16. Inserted by Act No. 31 of 1978, w.e.f. 18th. August, 1978.
17. Inserted by Act No. 31 of 1978, w.e.f. 18th. August, 1978.
18. Substituted by Act No. 35 of 1993 dated 13th April, 1993, for the words "any application for the issue or the renewal of a passport".
19. Substituted by Act No. 31 of 1978, w.e.f. 18th. August, 1978.
20. Earlier section 26 omitted by Act No. 35 of 1993 dated 13th April, 1993.

Accessibility a Legal and Constitutional Right

Note: This paper was presented at the Nationalworkshop on "Facilitating Public transportation for Persons with Disabilities" held during the 22nd to 24th of March, 2008 at Dravidian University Kuppam.

1. Introduction
1. The issues of the Persons with Disabilities took a long run to attain the recognition of Rights. Starting from the view of superstition and ignorance transcending into charity and then into rehabilitation has now obtain the status of the status of a Right based struggle. Thanks to the contribution of the international community which worked through the UN mechanism.

1.2. First Stage : Persons with Disability were regarded as having limited possibilities of contributing to socio - economic development. Even the so called welfare measures, of those days contributed only towards their further isolation and segregation.

1.3. Second Stage : Measures began to orient towards education for children with disabilities, institutionalised elementary care and rehabilitation of persons attaining disability in the adult hood.

1.4. Looking the Second World War as an event in the world History, its contribution for a greater paradigm shift cannot be ignored. The reason being it is that it left behind lots and lots of people through out the world as disabled. This compelled the governments to look up their issues with more focus. Thus new concepts of integration and normalisation emerged.

1.5. Third Stage : Late sixties generated understanding on actual accessibility issues and the Fourth Stage : Declaration of the United Nations Decade of Disabled Persons(1983 - 1992) and the programmes of the United Nations through ECOSOC.

2. Transportation a life line.

2.1. Transportation is the key aspect of the economy and as such it occupies a vital position in the life of every individual. This might have been the one among several reasons for the makers of our Constitution to declare that Freedom to move is a Fundamental Right. One has to move out at least for a short distance for his education, medical needs, employment and so on. Thus the right to transportation has two aspects falling within its ambit.

1. A barrier free environment that ensures every one is able to move freely.
2. An accessible transport system convenient for the use of all
Both of them together is called the universal Accessibility.

2.2. Our Constitution in Part Three does not specifically spell out for the Rights of the Persons with Disability but encompasses the entire gamut of non discrimination under one provision, that is Article 14. It says :
The State shall not deny to any person equality before the law or the equal protection of Laws within the Territory of India.
Thus the Persons with Disability enjoy equal freedom of movement as others do.

2.3. Further the Constitution spells out few categories of people as underprivileged and if the persons belonging to those category than they are entitled to protection under those categories also. Like, the women with Disability are entitled to special treatment under the benefits available for women and the disabled persons belonging to the Scheduled Tribes and class are entitled to special treatment under the category reserved for the persons belonging to the schedule caste and Tribes. Thus flows the whole set of benefits reserved under the Constitution to the Persons with Disability.

2.4. Behind the Constitutional frame the International Instruments spell out certain basic rights which should be adopted in the national legislations of every country which has accepted those instruments. Constitution under Article 51 has mandated on the state to endeavour towards fostering respect for International Law and Treaty obligations in the dealings of organised People with one and another. Article 51 being a directive Principle for the State Policy is fundamental in the governance of the Country and thus the International declarations, conventions and treaties become a part of our National Law.

3. Inter National Instruments on the Rights of the Disabled.

3.1. UN Declaration on the Rights of Persons With Disabilities. Adopted in the 2433rd Plenary Meeting on 09.12.1975

3.1.1. This Declaration is the first among the international instruments that came in the field of the Disability Rights. This Declaration calls for the national and international action to ensure that certain basic Rights of the Persons with Disability are protected while making any policy decisions or legislation by the Governments of the member states.
The important of such basic Rights are
Article 3. To respect for their Human Dignity as an inherent Right and that they have same fundamental Right as their fellow citizens of the same age.
Article 5. They are entitled for measures designed to enable them in becoming self reliant.
Article 8. they are entitled to have their special needs taken into consideration at all stages of economic and social planning.
Article 10. they are entitled to protection against all exploitation, all regulations and all treatment of a discriminatory abusive or degrading nature.

3.2. UN Standard Rules on Equalisation of Opportunities for Persons With Disabilities.

3.2.1. These Rules have been formulated with 6 point objectives towards emphasising accessibility in societal organisation and socio economic development. It Proposes models for political policy making and prescribes an effective monitoring mechanism. These rules are divided into 4 chapters and chapter 2 deals on the accessibility issues. These Rules mandates the States to introduce programmes of action to make physical environment accessible and to provide access to information and communication.


3.2.2Article II (a)
1. States should initiate measures to remove the obstacles to participation in the Physical environment. Such measures should be to develop standards and guidelines and to consider enacting legislation to ensure accessibility to various areas in society, such as housing, building, public transport services and other means of transportation, streets and other out door environments.

3. Accessibility requirements should be included in the design and construction of the physical environment from the beginning of the designing process.

4. Organisations of persons with disabilities should be consulted when standards and norms for accessibility are being developed. They should also be involved locally from the initial planning stage when public construction. Projects are being designed, thus ensuring maximum accessibility.
These Rules has also established a clear cut mechanism for monitoring the implementation.

3.3. The United Nations Economic and Social Commission for Asia and the Pacific (ESCAP)

3.3.1. It is the regional development arm of the United Nations for the Asia-Pacific region. Thirty-three countries attending the forty-eighth ESCAP session in April 1992 joined in sponsorship of resolution 48/3 on an Asian and Pacific Decade of Disabled Persons, 1993-2002. In adopting the resolution, the Governments of the region expressed their collective commitment to the full participation and equality of people with disabilities. Earlier the UN General Assembly adopted Resolution 37/52 on the 3rd day of December,1982 wherein the un had declared the world programme of Action and through resolution 37/53 proclaimed the period 1983- 1992 as the United Nations Decade of Disabled persons. Hence forth, the 3rd day of December is celebrated as the world Disability day.

3.3.2. The framework consists of the major policy categories under which efforts will be required for the implementation of ESCAP resolution 48/3. These basic policy categories include: National coordination; Legislation; Information; Public awareness; Accessibility and communication; Education; Training and employment; Prevention of causes of disabilities; Rehabilitation services; Assistive devices; Self-help organizations and Regional cooperation.

3.3.3. Each of the policy categories constituting the framework contains a list of areas of concern of direct relevance to the development of policies in support of the full participation and equality of people with disabilities in Asia and the Pacific.
a. Concerning existing legislation:
Conduct of a survey to identify legal provisions that are restrictive to people with disabilities;
Amendment or repeal of those restrictive legal provisions and elimination of interpretations that are unfavourable to people with disabilities;

b. Enactment of a basic law on protection of the rights of all persons with disabilities and prohibition of abuse and neglect of these persons and discrimination against them;

c. Enactment of legislation aimed at equal opportunity for people with disabilities, covering, for example:
Affirmative action measures and incentives in favour of opportunities for people with disabilities to participate in education, training, job placement, employment and entrepreneurship;
Tax relief and subsidies, as appropriate, for parents and guardians of children with disabilities, as well as for people with disabilities;
Customs clearance and exemption from customs duty of imported vehicles, assistive devices, equipment and materials, including medical supplies, required to
facilitate the daily life of people with disabilities;
d. Enactment of legislation aimed at the elimination of architectural and logistical barriers to freedom of movement of citizens with disabilities, including incentives to encourage:

Private and public sector involvement in improving accessibility of the built environment;

Facilitation of use, by persons with disabilities, of land, air and water transport systems;

e. Enactment of legislation aimed at the elimination of communication barriers to reduce the social and physical isolation commonly faced by people with disabilities, covering, for example:
Production and dissemination of information, especially public information, in appropriate formats (e.g., large print, Braille, indigenous sign language, audio/video cassette and floppy diskette);

h. Development of means of ensuring the effective implementation and enforcement of legislation,

j. Dissemination of information on legislation, particularly to people with disabilities and their advocates,

• Enacted specifically to promote equal opportunities for people with disabilities;

• Enacted for the benefit of broader population groups (e.g., legislation on an issue [poverty alleviation] or for a specific group [women]) among whom many people with disabilities are included;

k. Encouragement of the use of relevant United Nations guidelines on national disability legislation;

l. Encouragement of exchange of expertise and experiences among ESCAP members and associate members concerning the enactment and implementation of equalization legislation.

The Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995 was enacted to wards implementing this Program.
3.4 Convention on the Rights of Persons with Disabilities
3.4.1 India has ratified a UN convention to promote and protect the human rights and fundamental freedoms of those with disabilities as also respect for their inherent dignity. The adoption of the convention followed four years of intense negotiations. The convention marks a major step toward changing the perception of disability and ensures that societies recognise that all people must be provided with the opportunities to lead a life to their fullest potential. Article 9 which speaks on Accessibility states as follows:
Article 9(1) : To enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas. These measures, which shall include the identification and elimination of obstacles and barriers to accessibility, shall apply to, inter alia:
(a) Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces;




4. National Laws :

4.1. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

4.1.1. This is the first legislation in the field of Disability Laws. This Law has come into force on February 7, 1996. This law is an important landmark and is a significant step in the direction of ensuring equal opportunities for people with disabilities and their full participation in the nation building. The Act provides for both preventive and promotional aspects of rehabilitation like education, employment and vocational training, job reservation, research and manpower development, creation of barrier-free environment, rehabilitation of persons with disability, unemployment allowance for the disabled, special insurance scheme for the disabled employees and establishment of homes for persons with severe disability etc.
4.1.2. Chapter VIII of this Act deals with the Non Discrimination provisions. The sections relating to Right for transportation are reproduced hereunder.
NON-DISCRIMINATION
Sec. 44. Establishments in the transport sector shall, within the limits of their economic capacity and development for the benefit of persons with disabilities, take special measures to
(a) Adapt rail compartments, buses. Vessels and aircrafts in such a way as to permit easy access to such persons;
(b) Adapt toilets in rail compartments, vessels, aircrafts and waiting rooms in such a way as to permit the wheel chair users to use them conveniently.
Sec. 45. The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development. Provide for-
(a) Installation of auditory signals at red lights in the public roads for the benefit of persons with visually handicap;
(b) Causing curb cuts and slopes to be made in pavements for the easy access of wheel chair users;
(c) Engraving on the surface of the zebra crossing for the blind or for persons with low vision;
(d) Engraving on the edges of railway platforms for the blind or for persons with low vision;
(e) Devising appropriate symbols of disability;
(f) Warning signals at appropriate places.
Sec. 46. The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development, provide for
(a) Ramps in public buildings;
(b) Braille symbols and auditory signals in elevators or lifts;
(c) Braille symbols and auditory signals in elevators or lifts;
(d) Ramps in hospitals, primary health centers and other medical care and rehabilitation institutions.
Bibliography:
Text Book Reference: Gautam Banargee, Disability and the Law,
Web Reference
1. www.aristotlerocks.blogspot.com 2. http://socialjustice.nic.in/disabled/act.htm#NDiscrim 3. http://www.ccdisabilities.nic.in/chapter8.htm 4. http://www.un.org/esa/socdev/enable/rights/convtexte.htm

Rent Contol Act in Tamilnadu

1. RENT CONTROL LEGISLATION IN GENERAL:

1.1. The strain of the last World War, Industrial Revolution, the large scale exodus of the working people to the urban areas and the social and political changes brought in their wake social problems of considerable magnitude and complexity and their concomitant evils. The country was faced with spiraling inflation, soaring cost of living, increasing urban population and scarcity of accommodation. Rack renting and large scale eviction of tenants under the guise of the ordinary law exacerbated those conditions making the economic life of the community unstable and insecure. To tackle these problems and curb these evils, the Legislatures of the States in India enacted Rent Control Legislations.

1.2. In the state of Tamilnadu, the necessity for imposing control of rents and prevention of unreasonable eviction of tenants arose during the war period. Then, State Government issued Rent Control Orders in the year 1941 with regard to residential and non-residential buildings. Such orders were renewed from time to time until when the Legislature itself stepped in and enacted the Madras Act XV of 1946. This Act came into force on 1st October, 1946 and was intended to remain in force for two years. But its life was extended from time to time by issuing notifications by the State Government and finally this Act of 1946 was replaced by Madras Act XXV of 1949, which as originally enacted was to remain in force until 30th September, 1951. Its life was also extended from time to time, by subsequent amendments and ultimately the present Act, The Tamilnadu Buildings (Lease and Rent Control) Act,1960(XVIII of 1960) was passed. This again was declared to be in force for a period of five years and its life was extended from time to time. Finally this was made permanent by Section 28 of the Amendment Act 23 of 1973 and still remains in force.



2. What is a Building?
2.1. Building means any building or hut or part of a building or hut which is let or to be let for rent or Lease. It can be let out either for residential or non-residential purposes. The term building also includes-
(a) the garden, grounds and out-houses, if any, adjacent to or in the surroundings of such building, and let out or to be let out along with such building
(b) any furniture supplied by the landlord for use in such building but does not include a room in a hotel or boarding house.;

3. Who is a Landlord?

3.1. “Landlord” includes the 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. He may also either be an agent, trustee, executor, administrator, receiver or guardian. A tenant who sub-lets shall be deemed to be a landlord within the meaning of this Act in relation to the sub-tenant.

4. Who is a Tenant?

4.1. “Tenant” means any person by whom the rent is payable. Some times it may be so that the some one else is paying rent on behalf of another person. In such case the person on whose behalf the rent is paid is also a tenant. The surviving spouse, or any son, or daughter, or the legal representative of a deceased tenant who-
(i) in the case of a residential building, had been living with the tenant in the building as a member of the tenant’s family up to the death of the tenant, and
(ii) in the case of a non-residential building, had been in continuous association with the tenant for the purpose of carrying on the business of the tenant up to the death of the tenant and continues to carry on such business thereafter, and a person continuing in possession after the termination of the tenancy in his favour will also be called as a tenant.

4.2. This does not include a person placed in occupation of a building by its tenant or a person to whom the collection of rents or fees in a public market, cart-stand or slaughter-house or of rents for shops has been farmed out or leased by a Municipal Council or a Panchayat Unioin Council or the Municipal Corporation of Madras or the Municipal Corporation of Madurai.

5. What is a Fair Rent :

5.1. The fair rent for any residential building shall be nine per cent on the total cost of such building and for any non-residential building it shall be twelve per cent. The total cost shall consist of the market value of the site in which the building is constructed, the cost of construction of the building and the cost of provision of anyone or more of the amenities specified in Schedule I of the Rent control Act ( as prevailing on the date of application for fixation of fair rent).

6. Who fixes the Fair Rent?
6.1. The Controller appointed as per the Rules framed under the Rent Control Act, shall on application made by the tenant or the landlord of a building and after holding an enquiry, fix the fair rent for such building.

7. How market value is calculated?

7.1. While calculating the market value of the site in which the building is constructed, that portion of the site on which the building is constructed and of a portion upto fifty per cent, of the vacant land, if any, adjacent to such building shall be taken into account. The excess portion of the vacant land, will be treated as amenity.
List of Amenities :
1. Air – Conditioner, 2. Lift, 3. Water –cooler, 4. Electrical heater, 5. Frigidaire, 6. Mosaic Flooring., 7. Side dadoos, 8. Compound walls, 9. Garden, 10. Over-head tank for water-supply, 11. Electric pump and motor for water-supply, 12.Playground, 13. Badminton and Tennis courts, 14.Sun-breakers, 15. Amenity referred to in the first proviso to sub-section (4) of Section 4, 16. Usufructs, if any, enjoyed by the tenant and 17. Features of special architectural interest.

8. How cost of construction of the building is calculated?
8.1. The cost of construction of the building including cost of internal water-supply, sanitary and electrical installations shall be determined with due regard to the rates adopted for the purpose of estimation by the Public Works Department of the Government for the area concerned. The Controller may, in appropriate cases, allow or disallow an amount not exceeding thrity per cent, of construction having regard to the nature of construction of the building. The Controller shall deduct from the cost of construction determined in the manner specified in clause (a), depreciation, calculated at the rates specified in Schedule II.
RATES OF DEPRECIATION
Type of buildings Rate of Depreciation P.A

(1) (2)

1. Building built in lime mortar and in which teak has been used throughout. 1 per cent

2. Buildings built partly of brick in lime mortar and partly of brick in mud and in which teak has been used. 1-1/2 per cent.

3. Buildings built in brick in mud and in which country wood has been used. 2 per cent.
4. Buildings which are inferior to those of class 3 with brick-in-mud unplastered walls and mud floors and in which cheap country wood has been used. 4 per cent.

The depreciation shall be calculated for each year on the net value arrived at after deducting the amount of depreciation for the previous year. The amount of depreciation shall in no case be less than ten per cent of the cost of construction of the building.
The actual depreciation of a building aged ‘n’ years is calculated by using the formula-
n
P= A (100-r/100)
Where A = total cost of construction of the building. R= rate of depreciation per annum. N= age of the building (i.e. the number of years); P= the final depreciated value of the building.
The amount of depreciation will be equal to (‘A’ – ‘P’) subject to a minimum of ten per cent of ‘A’.

9. How cost of provision of amenities is calculated?
9.1. The cost of provision of amenities in the case of any residential building shall not exceed fifteen per cent and in the case of any non-residential building shall not exceed twenty five per cent of the cost of the site and the cost of the construction.

10. Prevailing rent as a factor.

10.1. It cannot be denied that prevailing rent of similar building at the time of the application will be one of the circumstances which can be taken into account (Rayala Corporation vs. Syed Bawker & Company, 1957 (1) MLJ 241 at 243]. What rent the building would reasonably fetch if let out to another, would be a good principle to go by [Nagindas vs. Ratna Mudaliar, 1956 (2) MLJ SN 49].

11. Change in fair rent in what cases admissible (Section 5)?

11.1. When the fair rent of a building has been fixed or refixed under this Act, no further increase in such fair rent shall be permissible except in cases where some addition, improvement or alteration has been carried out at the landlord’s expense and if the building is then in the occupation of a tenant, at his request. The fair rent increased shall not exceed the fair rent payable under Rent Control Act for a similar building in the same locality with such addition, improvement or alteration and it shall not be chargeable until such addition, improvement or alteration has been completed:

11.2. Where, after the fair rent of a building has been fixed under this Act, there is a decrease or diminution in the accommodation or amenities provided, the tenant may claim a reduction in the fair rent as so fixed.

12. Improvements done by the landlord.

12.1. In determining the fair rent for a building on the basis of the capital value of the building, the tribunal has to take into account not only the cost of subsequent construction, improvement or additions made by the landlord but also the original purchase price of the building (Kundanmull vs. Dharmdas, 1958 (2) MLJ SN 46]. But the circumstances that the tenant spent a considerable amount on additions and improvements to the building cannot be taken into consideration in fixing the fair rent especially where there is express term in the lease that such improvements had to be handed over to the landlord at the end of the period when presumably they became the property of the landlord. [Tej singh vs. Soora Subramanian Chettiar, 1951 (1) MLJ 183]. If the building is developed on made so by substantial alternations additions or new construction then the fixation of fair rent under the section may have to be made on different considerations. [Miran Devi vs. Birbal Dass, 1977 (3) SCC 496 at 499]. Where a certain amount was fixed and paid for improvements covering installation of electricity connection as well as consumption, it is a factor that must be taken into consideration (Abdul Gaffor Saheb vs. Abdul Salem Saheb, 1954 (2) MLJ 391 at 394].

13. Increase over rent in certain cases.

13.1. Where the amount of tax and cess payable (including any new tax or cess which has become payable) by the landlord in respect of any building to a local authority for any half-year commencing on the 1st April, 1950, or on any later date exceeds the amount of the taxes and cess payable in respect thereof the same or any other local authority for the first ending on the 30th day of September 1946, or for the first complete half-year after the date on which the building was first let, whichever is later, the landlord shall be entitled to claim such excess from the tenant in additional to the rent payable for the building under this Act. However, such excess cannot not be recovered, if it has resulted from an increase of rent in respect of the building.

14. Can a Landlord claim or receive anything in excess of fair rent or an agreed rent?

14.1. Where the Controller has fixed, or refixed the fair rent of a building the landlord shall not claim, receive or stipulate for the payment of any premium or other like sum in addition to such fair rent but for the reasons specified above. The landlord may receive, or stipulate for the payment of, an amount not exceeding one month’s rent by way of advance.

14.2. Any premium or other like sum or any rent paid in addition to, or in excess of , such fair rent, whether before or after the date of the commencement of this Act, in consideration of the grant, continuance or renewal of the tenancy of the building after the date of such commencement, shall be refunded by the landlord to the person by whom it was paid or at the option of such person, shall be otherwise adjusted by the landlord.

14.3. Where before the fixation or refixation of the fair rent, rent has been paid in excess thereof, the refund or adjustment shall be limited to the amount paid in excess for the period commencing on the date of the application by the tenant or landlord

15. What shall be the rent payable when Fair Rent has not been fixed?

15.1. Where the fair rent of a building has not been fixed the landlord shall claim only the agreed rent. However, the landlord may receive, or stipulate for the payment of, an amount not exceeding one month’s rent, by way of advance. Any sum paid in excess of the agreed rent, whether before or after the date of the commencement of this Act in consideration of the grant, continuance or renewal of the tenancy of the building, shall be refunded by the landlord to the person by whom it was paid or, at the option of such person, shall be otherwise adjusted. Any stipulation in contravention to this shall be null and void.

16. Landlord liable to give receipt for rent or advance.

16.1. Every landlord who receives any payment towards rent or advance shall issue a receipt duly signed by him for the actual amount of rent or advance received by him. As per Rule 9 of the Tamil Nadu Buildings (Lease and Rent Control) Rules, 1974, the receipt may be in any form but shall contain the following particulars, namely, name of the tenant from whom or on whose behalf the rent or advance is received by the landlord; Amount of rent or advance received; In the case of rent, the rate at which and the period for which the rent is received; The particulars of the building (door number, street name, etc.) in respect of which the rent or advance is paid; The name and address of the landlord by whom or on whose behalf the receipt is given.

17. Landlord not to interfere with amenities enjoyed by tenant (Section 17).

17.1. No landlord shall, without just or sufficient cause, cut off or withhold or cause to be cut off or withheld any of the amenities (inclusive of supply of water, electricity, passages, staircases, light, lavatories, lifts and conservancy or sanitary services. ) enjoyed by the tenant or were in existence during the previous tenancy.

17.2. A tenant in occupation of a building may, if the landlord has contravened the provisions of this section, make an application to the Controller complaining of such contravention and seek an interim order, directing the landlord to restore the amenities immediate. Such interim order may be passed without giving notice to the landlord.

17.3. If the amenities are not restored within seven days from the date of the interim order, the Controller may permit the tenant to restore the amenities at his own cost and recover the cost of the expenses incurred by the tenant in respect of restoration of such amenities from the rent payable to the landlord in such monthly instalments as may be specified by the Controller.

17.4. The Controller may, in his discretion, direct that compensation not exceeding fifty rupees
(a) be paid to the landlord by the tenant, if the application under sub-section(2) was made frivolously or vexatiously;
(b) be paid to the tenant by the landlord, if the landlord had cut off or withheld the amenities or was in any way responsible for the amenities being cut off or withheld frivolously or vexatiously.

18. What is the remedy available to the Tenant when the Land Lord refuses to receive the Rent and asks the tenant to vacate?
18.1. Where a landlord refuses to accept, or evades the receipt of, any rent lawfully payable to him by a tenant in respect of any building, the tenant may, by notice in writing, require the landlord to specify within ten days from the date of receipt of the notice by him, a bank situated in the city, town or village in which the building is situated or if there is no such bank in such city, town or village, within five kilometers of the limits thereof into which the rent may be deposited by the tenant to the credit of the Landlord.

18.2. It shall be open to the landlord to specify from time to time by a written notice to the tenant and subject to the proviso aforesaid, a bank different from the one already specified by him under this sub-section.

18.3. If the landlord specifies a bank as aforesaid, the tenant shall deposit the rent in the bank and shall continue to deposit in it any rent which may subsequently become due in respect of the building.

18.4. If the landlord does not specify a bank as aforesaid, the tenant shall remit the rent to the landlord by Money Order, after deducting the money order commission.

18.5. If the landlord refuses to receive the rent remitted by Money Order, the tenant may deposit the rent before the Rent Controller and continue to deposit with him any rent which may subsequently become due in respect of the building.

19. Right of tenant to deposit rent in certain cases(Section 9.)

19.1. Where the address of the landlord or his authorized agent is not known to the tenant, he may deposit the rent lawfully payable to the landlord in respect of the building, before the Controller in such manner as may be prescribed, the continue to deposit any rent which may subsequently become due in respect of the building, before the Controller and in the same manner until the address of the landlord or his authorized agent becomes known to the tenant.

19.2. Where any bona fide doubt or dispute arises as to the person who is entitled to receive the rent for any building, the tenant may deposit such rent before such authority and in such manner as may be prescribed and shall report to the Controller the circumstances under which such deposit was made by him, and may continue to deposit any rent which may subsequently become due in respect of the building before the same authority and in the same manner until the doubt is removed or the dispute is settled by the decision of a competent Court or by a settlement between the parties or until the Controller makes an order under clause (b) of sub-section (4), as the case may be.

20. When can a Landlord Evict a tenant? (Section 10).
20.1. A Landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf. A tenant shall not be evicted whether in execution of a decree or otherwise except in accordance with either of the following Conditions.
(i) The tenant has not paid or tendered the rent due by him in respect of the building, within fifteen days after the expiry of the time fixed in the agreement of tenancy with his landlord or in the absence of any such agreement, by the last day of the month next following that for which the rent is payable.
a. However, if the Controller is satisfied that the tenant’s default to pay or tender rent was not willful, he may, give the tenant a reasonable time, not exceeding fifteen days, to pay or tender the rent due by him to the landlord and on such payment or tender, the application shall be rejected.
b. Default to pay or tender rent shall be construed as willful, if the default by the tenant in the payment or tender of rent continues after the issue of two month’s notice by the landlord claiming the rent
(ii) The tenant has without the written consent of the landlord, transferred his right under the lease or sub-let the entire building or any portion thereof, when the lease does not confer on him any right to do so, or has used the building for a purpose other than that for which it was leased.
(iii) The tenant has committed or caused to be committed such acts of waste as are likely to impair materially the value or utility of the building.
(iv) The tenant has been convicted under any law for the time being in force of an offence of using the building or allowing the building to be used for immoral or illegal purposes.
(v) The tenant has been conducting in a manner that cause nuisance to the occupiers of other portions in the same building or of buildings in the neighbourhood.
(vi) Where the building is situated in a place other than a hill-station, the tenant has ceased to occupy the building for a continuous period of four months without reasonable cause
(vii) The tenant has denied the title of the landlord or claimed a right of permanent tenancy and that such denial or claim was not bona fide
(viii) in case it is residential building, if the landlord requires if for his own occupation or for the occupation of any m ember of his family and if he or any member of his family is not occupying a residential building of his own in the city, town or village concerned;
(ix) in case it is a non-residential building which is used for the purpose of keeping a vehicle or adapted for such use, if the landlord requires it for his own use or for the use of any member of his family and if he or any member of his family is not occupying any such building in the city, town or village concerned which is his own;
(x) In case it is any other non-residential building, if the landlord or any member of his family is not occupying for purpose of a business which he or any member of his family is carrying on, a non-residential building in the city, town or village concerned which is own. But a person who becomes a landlord after the commencement of the tenancy by any special Agreement shall not be entitled to apply under this clause before the expiry of three months from the date on which the Agreement was registered:

(xi) Where the landlord of a building, whether residential or non-residential, is a religious, charitable, educational or other public institution, it may, if the building is required for the purpose of the institution, apply to the Controller, for an order directing the tenant to put the institution in possession of the building.
(xii) A landlord who is occupying only a part of a building, whether residential or non-residential, may, , apply to the Controller for an order directing any tenant occupying the whole or any portion of the remaining part of the building to put the landlord in possession, if he requires additional accommodation for residential purposes or for purposes of a business which he is carrying on, as the case may be.
a. Where the tenancy is for a specified period agreed upon between the landlord and the tenant, the landlord shall not be entitled to apply under this sub-section before the expiry of such period.
b. The Controller shall reject the application if he is satisfied that the hardship which may be caused to the tenant by granting it will outweigh the advantage to the landlord. Otherwise, the Controller may give the tenant a reasonable time for putting the landlord in possession of the building and may extend such time so as not to exceed three months in the aggregate.
(xiii) Where the landlord has been or is a member of the Armed Forces and is released or has retired from service and the building is bona fide required for his residence or is stationed at a place where on account of military exigencies, he cannot live with his family or dies on active duty and the building is bona fide required for the residence of his family, the Controller shall, on application made by the landlord or the member of his family, if he is satisfied that the claim of the landlord or the member of his family is bona fide, pass on order directing the tenant to put the landlord or the member of his family in possession of the building
“member of the Armed Forces” means a person in the service of the Air Force, Army or Navy of the Union of India and includes a seaman and “seaman” means every person including a master, pilot or apprenticed employed or engaged as a member of the crew of a ship or a sailing vessel to which the Merchant Shipping Act, 1958 (Central Act 44 of 1958), applies.
(xiv)No order for eviction shall be passed against any tenant who is engaged in any employment or class of employment notified by the Government as an essential service for the purpose of this sub-section, unless the landlord is himself engaged in any employment or class of employment which has been so notified, or in respect of any building which has been let for use as an educational institution recognized by the Government or any authority empowered by them in this behalf so long as such recognition continues and is actually being used as such.

21. Recovery of Possession by landlord for repairs / reconstruction (S.14)
21.1. On an application made by a landlord, the Controller shall, if he is satisfied-
(a) that the building is bona fide required by the landlord for carrying out repairs which cannot be carried out without the building being vacated; or
(b) that the building is bona fide required by the landlord for the immediate purpose of demolishing it and such demolition is to be made for the purpose of erecting a new building on the site of the building sought to be demolished,
pass an order directing the tenant to deliver possession of the building to the landlord before a specified date.

21.2. No order directing the tenant to deliver possession of the building under this section shall be passed
(a) on the ground unless the landlord gives an undertaking that the building shall, on completion of the repairs, be offered to the tenant, who delivered possession in pursuance of an order for his reoccupation before the expiry of three months from the date of recovery of possession by the landlord, or before the expiry of such further period as the Rent Controller may, for reasons to be recorded in writing, allow; or
(b) on the grounds specified in clause (b) of sub-section (1), unless the landlord gives an undertaking that the work of demolishing any material portion of the building shall be substantially commenced by him not later than one month and shall be completed before the expiry of three months from the date he recovers possession of the entire building or before the expiry of such further period as the Controller may, for reasons to be recorded in writing allow:

21.3. The landlord who has recovered possession of the building for repairs cannot convert a residential building into a non-residential building or a non-residential building into a residential building unless such conversion is permitted by the Controller at the time of passing an order

21.4. When an Order for handing over possession is made such tenant shall be deemed to continue to be the tenant, but the landlord shall not be entitled to any rent for the period commencing on the date of delivery of possession by the tenant to the landlord and ending with the date on which the building is offered to the tenant by the landlord in pursuance of the undertaking.

Note: Making out a case under the Rent Act for eviction of the tenant by itself is sufficient and it is not obligatory to found the proceeding on the basis of the determination of the lease by issue of notice in accordance with section 106 of the Transfer of Property Act (Dhanapal Chettiar vs. Yesodai Ammal, 1979 (4) SCC 214 at 229].

22. Tenant to re-occupy after repairs (Section 15).
22.1. Where the landlord recovers possession he shall, within two months before the date on which the work of repairs is likely to be completed, give notice to the tenant of the date on which the said work will be completed. Within fifteen days from the date of receipt of such notice, the tenant shall intimate to the landlord his acceptance of the building offered for his re-occupation and if the tenant gives such intimation, the landlord shall within thirty days from the date of completion of the work of repairs put the tenant in possession of the building on the original terms and conditions. If the tenant fails to give such intimation, his right to re-occupy the building shall terminate.

22.2. If after the tenant has delivered possession, the landlord fails to commence the work of repairs within one month from the date of such delivery, or fails to complete the work before the expiry of three months form the date of such delivery, or before the expiry of the further period allowed or having completed the work fails to put the tenant in possession of the building, the Rent Controller may, on the application of the tenant made within thirty days from the date of such failure, order the landlord to put the tenant in possession of the building on the original terms and conditions; and on such order being made, the landlord and any person who may be in occupation shall put the tenant in possession of the building.

23. Tenants to occupy if the building is not demolished (Section 16)
23.1. Where an order directing delivery of possession has been passed by the Controller and the work of demolishing any material portion of the building has not been substantially commenced by the landlord within the period of one month in accordance with his undertaking, the tenant may give the landlord notice of his intention of occupy the building the possession of which he delivered. If within fifteen days from the date of receipt of such notice, the landlord does not put him in possession of the buildings on the original terms and conditions, the tenant may make an application to the Controller within eight weeks of the date on which he put the landlord in possession of the building. The Controller shall order the landlord to put the tenant in possession of the building on the original terms and conditions.
23.2. Where in a pursuance of an order passed by the Controller, any building is totally demolished and a new building is erected in its place, all the provisions of this Act shall cease to apply to such new building for a period of five years from the date on which the construction of such new building is completed and notified to the local authority concerned.

23.3. Where the tenant denies the title of the landlord or claims right of permanent tenancy, the Controller shall decide whether the denial or claim is bona fide and if he records a finding to that effect, the landlord shall be entitled to sue for eviction of the tenant in a Civil Court and the Court may pass a decree for eviction on any of the grounds mentioned in the said sections, notwithstanding that the Court finds that such denial does not involve forfeiture of the lease or that the claim is unfounded.

23.4. But these conditions shall not apply to a tenant whose landlord is the Government. Further, By G.O. Ms. No. 1998, dated 12th August, 1974, the Government has exempted all the buildings owned by the Hindu, Christian and Muslim Religious Trust and Charitable Institutions from all the provisions of the Act. By G.O. Ms. No. 2000, dated 16th August 1976, the Government in supersession and modification of the order in G.O. Ms. No. 1998, dated 12th August 1974 have exempted all the buildings owned by the Hindu, Christian and Muslim Religious Public Trusts and Public Charitable Trusts from all the provisions of the Act. [See Notification at the end]. The religion does not come into the picture with regard to the charitable institution as provided for in the G.O. and in the context of the G.O. the religion has relevance only in relation to religious trusts and consequently the expression “Hindu, Christian and Muslim” will not qualify the expression “Charitable institutions” and will qualify only the expression religious trusts [Suryaprakash Gupta vs. The Madras Piece Goods Merchants Charitable Trust, 93 LW 132 at 134].

24. Can an evicted tenant be put back in possession?
24.1. Where a landlord who has obtained possession of a building in pursuance of an order under sub-section (3) or subsection 3-A of section 10 of the Rent Control Act, does not himself occupy it within one month of the date of obtaining possession or having so occupied it, vacates it without reasonable cause within six months of such date, the tenant who has been evicted may apply to the Controller within one month for an order directing that he shall be restored to possession of the building and the Controller shall make an order accordingly.

24.2. This clause shall not apply to a residential building the monthly rent of which does not exceed twenty – five rupees or to a non – residential building the monthly rent of which does not exceed fifty rupees.

25. Whether Tenant against whom a petition for eviction has been file without proper reason claim compensation?
25.1. Where the Controller is satisfied that any application made by a landlord for the eviction of a tenant is frivolous or vexatious, the Controller may direct that compensation not exceeding fifty rupees be paid by such landlord to the tenant.

25.2. Any person aggrieved by an order passed by the Controller may, within fifteen days from the date of such order, prefer an appeal in writing to the Appellate Authority having jurisdiction.

25.3. The Appellate Authority shall call for the records of the case from the Controller and after giving the parties an opportunity of being heard and, if necessary, after making such further inquiry as he thinks fit either personally or through the Controller, shall decide the appeal.


List of reference:
The major reference source is the Comentaries on theT.N. Buildings (Lease and Rent Control) Act by P.B. Ramanujam, Advocate.
1. Nagindas Ramdas vs. Dalpatram Iccharam, 1974 (1) SCC 242 at 248
2. Kundanmull vs. Dharmdas, 1958 (2) MLJ SN 46
3. Miran Devi vs. Birbal Dass, 1977 (3) SCC 496 at 499
4. Abdul Gaffor Saheb vs. Abdul Salem Saheb, 1954 (2) MLJ 391 at 394
5. Dhanapal Chettiar vs. Yesodai Ammal, 1979 (4) SCC 214 at 229
6. Dhanpal Chettiar vs. Yadodai Ammal, 1979 (4) SCC 214.
7. Pals Theatres vs. Abdul Gafoor Saheb, 1972 (2) MLJ 554 at 563
8. Haji Abdullah Sait vs. Sanjeevi Rao, 1979 (2) MLI 413 at 433)
9. K. Kaliammal and other vs. Athi V. Ramachandra and others, 1983 MLJ (II)252 10. Rayala Corporation vs. Syed Bawker & Company, 1957 (1) MLJ 241 at 243
11. Nagindas vs. Ratna Mudaliar, 1956 (2) MLJ SN 49
12. Tej singh vs. Soora Subramanian Chettiar, 1951 (1) MLJ 183

rbi on atm

Date: Mar 10, 2008
Customer charges for use of ATMs for cash withdrawal and balance enquiry

RBI/2007-2008/260
DPSS No.1405 / 02.10.02 / 2007-2008
March 10, 2008
The Chairman / Chief Executive Officer
(All Scheduled commercial banks including RRBs)
Dear Sir
Customer charges for use of ATMs for cash withdrawal and balance enquiry
1. Automated Teller Machines (ATMs) have gained prominence as a delivery channel for banking transactions in India . Banks have been deploying ATMs to increase their reach. While ATMs facilitate a variety of banking transactions for customers, their main utility has been for cash withdrawal and balance enquiry. As at the end of December 2007, the number of ATMs deployed in India was 32,342. Commensurate with the branch network, larger banks have deployed more ATMs. Most banks prefer to deploy ATMs at locations where they have a large customer base or expect considerable use. To increase the usage of ATMs as a delivery channel, banks have also entered into bilateral or multilateral arrangements with other banks to have inter-bank ATM networks.
2. It is evident that the charges levied on the customers vary from bank to bank and also vary according to the ATM network that is used for the transaction. Consequently, a customer is not aware, before hand, of the charges that will be levied for a particular ATM transaction, while using an ATM of another bank. This generally discourages the customer from using the ATMs of other banks. It is, therefore, essential to ensure greater transparency.
3. International experience indicates that in countries such as UK , Germany and France , bank customers have access to all ATMs in the country, free of charge except when cash is withdrawn from white label ATMs or from ATMs managed by non-bank entities. There is also a move, internationally, to regulate the fee structure by the regulator from the public policy angle. The ideal situation is that a customer should be able to access any ATM installed in the country free of charge through an equitable cooperative initiative by banks.
4. In view of this, RBI had placed on its website an Approach paper and sought public comments. The comments received have been analysed. Based on the feed back a framework of service charges would be implemented by all banks as under:

Sr.No. Service Charges
(i) For use of own ATMs for any purpose Free (with immediate effect)
(2) For use of other bank ATMs for balance enquiries Free (with immediate effect)
(3) For use of other bank ATMs for cash withdrawals No bank shall increase the charges prevailing as on December 23, 2007 (i.e. the date of release of Approach Paper on RBI website)
Banks which are charging more than Rs.20 per transaction shall reduce the charges to a maximum of Rs.20 per transaction by March 31, 2008
Free - with effect from April 1, 2009.


5. For the services at (1) and (2) above, the customer will not be levied any charge under any other head and the service will be totally free.
6. For the service number (3) the charge of Rs.20/- indicated will be all inclusive and no other charges will be levied to the customers under any other head irrespective of the amount of withdrawal.
7. The service charges for the following types of cash withdrawal transactions may be determined by the banks themselves:
(a) cash withdrawal with the use of credit cards
(b) cash withdrawal in an ATM located abroad.
8. Please acknowledge the receipt of the circular. A copy of the circular issued to your branches on this subject may please be submitted to us in due course.
Yours faithfully
(Arun Pasricha)
General Manager