23. Members of armed forces of the Union, scientists or their successor-in-interest entitled  to recover possession of premises required for their occupation.—

 (1) Notwithstanding anything to  the contrary contained in this Act or any contract,— 

(A) a landlord, who,— 

(i) is a member of armed forces of the Union, or was such a member and has retired as  such (which term shall include premature retirement), or 

(ii) holds a scientific post in the Department of Atomic Energy of the Central  Government or in any of its aided institution (hereinafter in this section referred to as “a  scientist”), or was such a scientist and has retired as such (which term shall include  premature retirement), and one year has not elapsed since his retirement on the date of  making of the application, or  

(iii) is an employee of the Government of India, Government of any State or Union  Territory, Public Sector Undertaking of the Government of India or of any State  Government (hereinafter referred to as (“a Government servant”), and has retired as such  (which term shall include premature retirement) and one year has not elapsed since his  retirement on the date of the application,  shall be entitled to recover from his tenant the possession of any premises owned by him on  the ground that such premises are bona fide required by him for occupation by himself or by  any member of his family, by making an application for the purpose of recovery of  possession of the premises, to the Competent Authority; and the Competent Authority shall  make an order of eviction on that ground if— 

(a) in the case of landlord who is a member of the armed forces of the Union, he  produces a certificate signed by the authorised officer to the effect that,—

(i) he is a member of the armed forces of the Union, or that he was such a  member and has retired as such, and 

(ii) he does not possess any other premises suitable for residence in the  local area where the premises are situated; or 

(b) in the case of a landlord who is scientist, he produces a certificate signed by  an officer of the Department of Atomic Energy of, or above, of the rank of Deputy  Secretary to Government to the effect that,— 

(i) he is presently holding a scientific post in the Department of Atomic  Energy or in any of its aided institutions specified in the certificate or he was  holding such post and has now retired with effect from the date specified in the  certificate; and  

(ii) he does not possess any other suitable residence (excluding any  residential accommodation provided by Government) in the local area where the  premises are situated; or  

(c) in the case of a Government servant, he produces a certificate signed by the  Head Department or the Head of the office, or the Chief Executive of the Public Sector  Undertaking, by whatever designation called, to the effect that,— 

(i) he is presently holding the post in that Department, office or Public  Sector Undertaking or he was holding such post and has now retired with effect  from the date specified in the certificate; and  

(ii) he does not possesses any other suitable residence (excluding any  residential accommodation provided by Government or Public Sector  Undertaking) in the local area where the premises are situated; 

(B) a successor-in-interest who becomes the landlord of the premises owned by any landlord  referred to in clause (A), as a result of death of such a landlord while in service or where he is a  member of the armed forces of the Union, within five years of his retirement, or where he is  scientist, or a Government servant, within one year of his retirement, shall be entitled to recover  possession of such premises on the ground that such premises are bona fide required for  occupation by the successor-in-interest himself or by any member of the family of the deceased  landlord, by making an application for the purpose of recovery of possession of the premises, to  the Competent Authority; and the Competent Authority shall make an order of eviction on that  ground if,— 

(a) in the case of the successor-in-interest of a member of the armed forces of the  Union, he produces a certificate signed by the authorised officer to the effect that,— 

(i) a successor-in-interest is a widow or any other member of the family of the  deceased member of the armed forces of the Union, who died while in service on the  date specified in the certificate (or of a member of the armed forces of the Union who  has retired and who died within five years of his retirement on the date specified in the  certificate); and  

(ii) such a successor-in-interest does not possess any other premises suitable for  residence in the local area where such premises are situated; or  

(b) in the case of a successor-in-interest of a scientist, he produces a certificate signed  by an officer of the Department of Atomic Energy of, or above, the rank of Deputy  Secretary to Government, to the effect that,— 

(i) the successor-in-interest is a widow or any other member of the family of the  deceased scientist who died while in service on the date specified in the certificate (or  of a scientist who has retired and who died within one year of his retirement on the  date specified in the certificate);

(ii) such successor-in-interest does not possess any other suitable residence  (excluding any residential accommodation provided by Government) in the local area  where such premises situated; or  

(c) in the case of a successor-in-interest of a Government servant, he produces a  certificate signed by the head of his Department, Head of the office, or the Chief Executive,  by whatever designation called, of the Public Sector Undertaking, to the effect that,— 

(i) the successor-in-interest is a widow or any other member of the family of the  deceased Government servant, who died while in service on the date specified in the  certificate) (or of a Government servant who has retired and who died within one year  of his retirement on the date specified in the certificate); and 

(ii) such successor-in-interest does not possess any other suitable residence  (excluding any residential accommodation provided by Government or the Public  Sector Undertaking) in the local area where such premises are situated. 

(2) Any certificate granted under sub-section (1) shall be conclusive evidence of the facts stated  therein. 

Explanation.—

For the purposes of this section,— 

(1) “authorised officer”, in relation to a member of the armed forces of the Union, means the  commanding officer or head of services, including,— 

(i) in the case of an officer retired from the Army, the Area Commander, 

(ii) in the case of an officer retired from the Navy, the Flag Officer Command-in-Chief  Naval Command, and 

(iii) in the case of an officer retired from the Air Force, the Station Commander; 

(2) “member of the family” means any of the following members of the family of a member  of the armed forces of the Union, or a scientist, or a Government servant, as the case may be, who  is ordinarily residing with him and who is dependent on him and where member of the armed  forces of the Union or a scientist or a Government servant has retired or died, any member of his  family who is so residing or dependent at the time of his retirement, or as the case may be, death,  namely :— 

spouse, father, mother, son, daughter, grand-son, grand-daughter, son’s wife, grand son’s wife, widow of predeceased son or grandson;  

(3) “successor-in-interest” means,— 

(i) if the deceased landlord has a spouse living at the time of his death, spouse, and (ii) in any other case, any other member of his family. 

Explanation.—

A landlord or his successor-in-interest by inheritance or otherwise shall not be  entitled to recover possession under this section from the tenant or his successor-in-interest by  transmission, where the landlord has acquired the property by purchase, gift, exchange or otherwise  (but excluding acquisition by inheritance or succession or in the case of premises in a  Co-operative Housing Society, by acquisition of a share or right and interest in such premises by  nomination), and where at the time of acquisition, by purchase, gift, exchange or otherwise the  premises had been in the occupation of the tenant or his predecessor-in-interest from whom the tenancy  has been transmitted and notwithstanding anything contained in any judgement, decree or order of the court or anything contained in this Act or in any other law for the time being in force, the provisions of  this explanation shall always be deemed to have applied to such a case, and the landlord shall not be  entitled to recover possession in any such case; 

(4) “aided institution” means the Tata Institution of Fundamental Research, and the Tata  Memorial Centre, and also any other institution which may be declared, from time to time, by the  State Government in consultation with the Department of Atomic Energy, to be aided institution  for the purposes of this section.

24. Landlord entitled to recover possession of premises given on licence on expiry.—

(1)  Notwithstanding anything contained in this Act, a licensee, in possession or occupation of premises  given to him on license for residence shall deliver possession of such premises to the landlord on  expiry of the period of licence; and on the failure of the licensee to so deliver the possession of the  licensed premises, a landlord shall be entitled to recover possession of such premises from a licensee,  on the expiry of the period of licence, by making an application to the Competent Authority, and the  Competent Authority, on being satisfied that the period of licence has expired, shall pass an order for  eviction of a licensee. 

(2) Any licensee who does not deliver possession of the premises to the landlord on expiry of the  period of licence and continues to be in possession of the licensed premises till he is dispossessed by  the Competent Authority shall be liable to pay damages at double the rate of the licence fee or charge  of the premises fixed under the agreement of licence.  

(3) The Competent Authority shall not entertain any claim of whatever nature from any other  person who is not a licensee according to the agreement of licence. 

Explanation.—

For the purposes of this section,— 

(a) the expression “landlord” includes a successor-in-interest who becomes the landlord of the premises as a result of death of such landlord; but does not include a tenant or a sub-tenant  who has given premises on license; 

(b) an agreement of licence in writing shall be conclusive evidence of the fact stated therein.