(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 bonafide 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,—
(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, the rank of Deputy Secretary to Government to the effect that,—
(c) in the case of a Government servant, he produces a certificate signed by the Head of Department or the Head of the office, or the Chief Executive of the Public Sector Undertaking, by whatever designation called, to the effect that,—
(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 a 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 bonafide 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,—
(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,—
(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,—
(2) Any certificate granted under sub-section (1) shall be conclusive evidence of the facts stated therein.
Explanation.—For the purposes of this section,—
(3) “ successor-in-interest” means,—
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.
