GUJARAT RENTS, HOTEL AND LODGING HOUSE RATES CONTROL ACT, 1947
This Act may be called the 1[Gujarat] Rents, Hotel and Lodging House Rates Control Act, 1947.
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1. Substituted by the Gujarat short title (Amendment) Act, 2011 w.e.f. 01.05.1960 for the following : - "Bombay"
(1) Parts I and IV of this Act shall extend to 1[the whole of the State of Gujarat].
(2) 2[Part II shall extend to the areas specified in Schedule I] to this Act and shall continue to extend to any such area notwithstanding that the area ceases to be of the description therein specified.
3[(2A) Part II shall extend also to those areas of the Saurashtra area of the State of Gujarat to which Part II of the Saurashtra Rent Control" Act,1951 (Sau. Act XXII of 1951) extended immediately before the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Gujarat Extension and Amendment) Act, 1963 (Guj. LVII of 1963).
(2B) Parts II and III shall extend to those areas of the Kutch area of the State of Gujarat to which Parts II and III of the Bombay Rents, Hotel and Lodging House Rates
1[2A. Act to apply to Saurashtra and Kuch areas with certain modifications
In its application to the Saurashtra area and the Kutch area of the State of Gujarat this Act shall be amended in the menner as set forth in Parts I and II respectively of Schedule IA.]
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1. Section 2A was inserted by Guj. 57 of 1963, s. 3.
(1) This Act shall come into operation on such date as the 1 [State] Government may, by notification in the Official Gazatte, appoint in this behalf:
2 [Provided that in the areas to which this Act is extended by the Bombay Rents, Hotel and Lodging House Rates Control (Gujarat Extension and Amendment) Act, 1963 (Guj. LVII of 1968) this Act shall come into force on the date on which the Bom bay Rents, Hotel and Lodging House Rates Control (Gujarat Extension and Amendment ) Act, 1963 ((Guj. LVII of 1968)) comes into force.]
(2) It shall remain in force upto and inclusive of 3 [4 [31st day of March 1991]].
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(3) Section 7 of the Bombay General Clauses Act, 1904 (Bom. I of 1904), shall apply upon the expiry of this Act or upon this Act as
(1) This Act shall not apply to any premises belonging to the Government or a local authority or apply as against the Government to any tenancy or other like relationship created by grant from the Government in respect of premises taken on lease or requisitioned by the Government; but it shall apply in respect of premises let to the Government or a local authority.
(2) The1[State] Government2[may, by a notification in the Official Gazette direct] that all or any of the provisions of this Act3[shall not subject to such conditions and terms, as it may specify,4[apply,--
(a) generally--]]
5(i) to premises used for a public purpose of a charitable nature or to any class of premises used for such purpose;
(ii) to premises held by a public trust for a rel
1[4A. Power of State Government to issue orders in respect of premises belonging to Local authority
2[(1)] Notwithstanding anything contained in this Act, the State Government may from time to time by a general or special order direct that exemption granted to a local authority under sub-section (1) of section 4 shall be subject to such conditions and terms as it may specify either generally or for special reasons in any particular case and such conditions and terms shall be applicable to the premises belonging to the local authority with effect from such date, either before or after the commencement of the Bombay Rents Hotel and Lodging House Rates Control (Second Amendment) Act, 1953 (Bom. LXI of 1953), as the State Government may in its discretion determine:]
3[Provided that after the commencement of the Bombay Rents, Hotel and Lodgin
In this Act unless there is anything repugnant to the subject or context--
(1) "fair rate" means the rate fixed under section 33 and includes the rate as revised under section 34;
(2) "hotel or lodging house" means a building or a part of a building where lodging with or without board or other service is 1 [by way of business] provided for a monetary consideration;
(3) "landlord" means any person who is for the time being, receiving, or entitled to receive, rent in respect of any premises whether on his own account or on account, or on behalf, or for the benefit of any other person or as a trustee, guardian, or receiver for any other person or who would so receive the rent or be entitled to receive the rent if the premises were let to a tenant; and includes any person not being a tenant who fr
(1) In areas specified in Schedule I, this Part shall apply to premises Application, let for residence, education, business, trade1[or] storage2[and also to open land let for building purposes]:
3[Provided that the4[State] Government may, by notification in the Official Gazette, direct that in any of said areas, this part shall cease to apply to premises, let for any of the said purposes:]
5[Provided farther that the State Government may by like notification, direct that in any of the said areas this part shall re-apply to premises let for such of the aforesaid purposes as may be specified in the notification.]
6[(1A) The4[State] Government may, by notification in the Official Gazette, direct that in any of the said areas this Part shall apply to premises let for any other purpose.]
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Except where the rent is liable to periodical increment by virtue of an agreement entered into before the1[specified date] it shall not be lawful to claim or receive on account of rent for any premises any increase above the standard rent unless the landlord was, before the coming into operation of this Act, entitled to recover such increase under the provisions of the Bombay Rent Restriction Act, 1939 (Bom. XVI of 1939), or the Bombay Rents, Hotel Rates and Lodging House Rates (Control) Act, 1944 (Bom.VII of 1944), or is entitled to recover such increase under the provisions of this Act.
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1. These words were substituted for the words and figures, "first day of September 1940" by Guj. 57 of 1963, s. 9.
The Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947, aims to regulate the rents and conditions of tenancy for residential and commercial properties in Gujarat. Section 7 specifically addresses the prohibition of increases in standard rent, thereby providing protection to tenants against arbitrary rent hikes.
Section 7 of the Act states that it is unlawful for a landlord to claim or receive any increase in rent above the standard rent unless they were entitled to do so under previous legislation or specific provisions of this Act.
The scope of Section 7 is broad, covering all premises governed by the Act, including residential and commercial properties. It ensures that tenants are not subjected to arbitrary increases in rent, thereby promoting housing stability.
While the specific penalties for violations of Section 7 are not detailed in the provided sources, generally, violations may lead to legal actions against landlords, including potential fines or orders to revert to standard rent.
Prohibition of Increase - Section 7 explicitly prohibits any increase in standard rent, ensuring tenant protection against arbitrary hikes. - [ "RASIKLAL CHIMANLAL NAGRI VS UNION OF INDIA"]
Legal Consistency - Any term in a rent agreement that contradicts Section 7 is deemed illegal and unenforceable. - [ "RASIKLAL CHIMANLAL NAGRI VS UNION OF INDIA"]
Historical Context - The Act was established to consolidate and amend laws related to rent control, reflecting the need for tenant protection post-independence. -
Amendment Impact - Amendments to related laws, such as the Gujarat Education Cess Act, do not alter the prohibitions set forth in Section 7. - [ "RASIKLAL CHIMANLAL NAGRI VS UNION OF INDIA"]
Judicial Interpretation - Courts have upheld the provisions of Section 7, reinforcing its applicability in disputes regarding rent increases. - [ "RASIKLAL CHIMANLAL NAGRI VS UNION OF INDIA"]
Tenant Rights - Section 7 reinforces tenant rights by ensuring that landlords cannot unilaterally increase rent without legal grounds. -
Legislative Intent - The intent behind Section 7 is to maintain affordability and prevent exploitation of tenants in a post-colonial context. -
Standard Rent Definition - The Act provides a clear definition of standard rent, which is crucial for determining lawful rent increases. -
Legal Recourse - Tenants have the right to seek legal recourse if landlords attempt to impose unlawful rent increases. -
Impact on Landlords - Landlords must navigate the restrictions of Section 7 carefully to avoid legal repercussions. -
Enforcement Mechanism - The Act provides mechanisms for enforcement, ensuring compliance with Section 7's provisions. -
Public Policy Consideration - The prohibition of rent increases aligns with broader public policy goals of housing stability and tenant security. -
Comparative Analysis - Similar provisions exist in other rent control laws across India, indicating a common legislative approach to tenant protection. -
Judicial Precedents - Various judicial precedents have interpreted Section 7, reinforcing its significance in rent control jurisprudence. -
Legislative Amendments - The Act has undergone amendments to adapt to changing socio-economic conditions while maintaining tenant protections. -
Tenant-Landlord Dynamics - Section 7 plays a crucial role in balancing the power dynamics between tenants and landlords, promoting fairness. -
Economic Implications - The enforcement of Section 7 has implications for the rental market, influencing rental prices and availability. -
Future Reforms - Ongoing discussions about rent control laws may lead to further reforms, but Section 7 remains a cornerstone of tenant protection. -
Legal Clarity - The clarity provided by Section 7 aids in reducing disputes between landlords and tenants regarding rent increases. -
Social Justice Aspect - The Act, through Section 7, embodies principles of social justice by protecting vulnerable tenants from exploitation. -
(1) Where, as the result of any alteration of the terms of the tenancy, the terms on which any premises are held are on the whole less favourable to the tenant than the previous terms, the rent shall be deemed to be increased for the purposes of this Part whether the sum payable as rent is increased or not.
(2) Where, as the result of any alteration of the terms of the tenancy, the terms on which any premises are held are not on the whole less favourable to the tenant than the previous terms, the rent shall not be deemed to be increased for the purposes of this Part whether the sum payable as rent is increased or not.
A landlord shall be entitled to make such increase in the rent of the premises, as may be reasonable, for an improvement or structural alteration of the premises which has been made with the consent of the tenant given in writing; and such increase shall not be deemed to be an increase for the purposes of section 7.
Explanation.--In this section improvement and alterations do not include the repairs which the landlord is bound to make under sub-section (1) of section 23.
Where a landlord is required to pay to a local authority in respect of any premises any rate, cess or tax imposed or levied for the purposes, of such authority he shall be entitled to make an increase in the rent of the premises by an amount not exceeding the increase paid by him1[by way of such rate, cess or tax over the amount paid] in the period of assessment which included the date of the coming into operation of this Act2[or the date on which the premises were first let, whichever is later,] and such increase in rent shall not be deemed to be an increase for the purposes of section 7.
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1. These words were substituted for the words "in such rate cess or tax" by Bom. 36 of 1948, s. 3(a).
2. These words were inserted, Bom. 36 of 1948, s. 8(b).
1[10A. Increase in rent on account of payment of increase rate, etc. after 31st March,1940 and permitted in certain areas
Notwithstanding anything contained in section 10,--
(1)2[if in any area] specified in Schedule III to this Act a rate or tax on buildings, houses or lands or a rate or tax in the form of such rate or tax on buildings, houses or lands levied under the Bombay Municipal Boroughs Act, 1925 (Bom. XVIII of 1925), or the Bombay District Municipal Act, 1901 (Bom. III of 1901) or the Cantonments Act, 1924 (Bom. II of 1924) or the Bombay Village Panchayats Act, 1933 (Bom. VI of 1933), as the case may be, is increased after the 31st day of March, 1949 a landlord shall not, in respect of any premises situated3* * * in any of the areas specified in the said Schedule4* * * , and let on or before the said date, be entitled to make a
1[10AA. Increase in rent on account of payment of increased rates, etc., permitted after certain date in certain areas
(1) Notwithstanding anything contained in sections 10 and 10A,--
(a)2[if in the City of Ahmedabad] the general tax levied under section 129 of the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949), or in any other area to which clause (1) of section 10A applies, a rate or tax on buildings, houses or lands or a rate or tax in the form of such rate or tax on buildings, houses or lands levied under any of the enactment referred to in the said clause (1) is increased after the 31st day of March, 1949, a landlord, in respect of any premises situated in any of the said, areas and let on or before the said date, shall be entitled, after the date of commencement of the Bombay Rents, Hotel and Lodging House Ra
[Proportional recovery of riot tax after certain date permitted]. Omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
1 [10C. Increase in rent excepted
(1) A landlord shall also be entitled to make an increase in the rent of premises referred to in column 1 which were let on or before the first day of September, 1940, by an addition to the rent at the rates specified against' them in column 2 below:--
Sl. No.
1
2
(1)
(1) Residential premises the rent of which does not exceed Rs. 20 per month.
Not exceeding 5 per cent. of the standard rent.
(2)
Residential premises the rent of which exceeds Rs. 20 per mouth but does not exceed Rs. 80 per month.<
1[10CC. Increase in rent of premise used for cinema in Saurastra and Kutch areas and former Baroda State territories
(1) In the Saurashtra area and the Kutch area of the State and in the areas of the, merged territories of the former Baroda State, in the case of premises let on or before the specified date and used for the purposes of a cinema, a landlord shall also be entitled to make an increase in the rent of such premises by an addition to the rent at a rate not exceeding fifty per cent. of the standard rent.
(2) Any increase under sub-section (1) shall not be deemed to be an increase for the purposes of section 7.
Explanation.--For the purposes of this section, the expression "premises" shall have the same meaning as is assigned to it in sub-clause (b) of clause (8) of section 5.]
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1[10D. Increase in rent on account of repairs excepted
(1) Subject to the provisions of sub-sections (2) and (5) and notwithstanding anything contained in section 9, a landlord shall further be entitled to make an increase in the rent of premises by an addition to the rent in the manner prescribed, of an amount not exceeding five per cent. per annum of the expenses incurred on account of special or heavy repairs or special additions to pre(SIC) or special alterations made therein or additional amenities provided for the premises or on account of improvements or structural alterations made under section 9:
Provided that the increases permitted by this sub-section shall not, in respect of improvements or structural alterations, be in addition to the increase already made under section 9 and shall after the commencement of the Bombay Rents,
1[10E. Increase in rent on account of payment of increase ground-rent, etc
(1) Where a loandlord is liable to pay in respect of any premises, any levy of, or increase in the ground-rent, nor-agricultural assessment or any other tax on land imposed by the State Government, he shall be entitled to make an increase in the rent of the premises by an amount not exceeding the increase paid by him by way of such ground-rent, nor-agricultural assessment or tax, as the case may be. The amount of such increase in rent to be recovered from tenant shall bear the same proportion as the rent payable by him in respect of his premises bears to the total amount of the rent recoverable for the whole of the premises if let.
(2) Any increase under sub-section (1) shall not be deemed to be an increase for the purposes of section 7.]
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(1) In any of following cases the Court may, upon an application made to it for that purpose, or in any suit or proceeding, fix the standard rent at amount, as, having regard to the provisions of (SIC) Act and the circumstances of the case, the Court deems just--
(a) where any premises are first let after the1[specified (SIC) and the rent at which they are so let is in the opinion of the Court (SIC) or
(b) where the Court is satisfied that there is no sufficient evidence to ascertain the rent at which the premises were let in any one of the cases mentioned in sub-clauses (i) to (iii) of clause, of sub-section (10) of section 5; or
(c) where by reason of the premises having been let at one time as a whole or in parts and at another time in parts or as a whole, or for any other reasons, any diff
1[11A. Right of tenant in new building in disturbed areas
Where by reason of any riot or violence of a mob any material part of the promise in a, disturbed area is wholly is wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was let,--
(a) the landlord shall erect the, new building at the original site, subject to the provisions of any rules, bye-laws or regulations, made by, a local authority, not later, than fifteen months from the commencement of this Act; and
(b) the tenant shall have the right to occupy a tenement in the new building erected at the original site by the landlord, and
the provisions of sections 17B and 17C shall, so fair as may be apply.
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(1) A landlord shall not be entitled to the recovery of possession of any premises so long as the tenant pays, or is ready and willing to pay, the amount of the standard rent and permitted increases, if any, and observes and performs the other conditions of the tenancy, in so far as they are consistent with the provisions of this Act.
1[(1A) Where by reason of riot or violence of a mob any materil part of the premises in a disturbed area is wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was let, the landlord shall not be entitled to;--
(a) the standard rent and permitted increases due for the premises,
(b) recover possession of such premises merely oh the ground of non payment of standard rent and permitted increases due,
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(1) Notwithstanding anything contained in this Act1[but subject to the provisions of section 15]; a landlord shall be entitled to recover possession of any premises if the Court is satisfied--
(a) that, the tenant has committed any act contrary to the provisions of clause (o) of section 108 of the Transfer of Property Act, 1882 (IV of 1882); or
(b)2[that, save as otherwise provided in section 23A, the tenant] has, without the landlord's. consent given, in writing, erected on the premises any permanent structure or
(c) that the tenant or any person residing with the tenant has been guilty of conduct which is a nuisance or annoyance to the adjoining or neighbouring occupiers, or has been convicted of using the premises or allowing the premises to be used for immoral or illegal purposes; or
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1[13AA. Right of members of armed Forces of Union and their window and heirs to recover possession of premises required for their occupation
(1) Notwithstanding anything to the contrary contained in this Act or in any contact,--
(a) a specified landlord shall be entitled to recover from his tenant the possession of any premises owned by him or by any member of his family, on the ground that such premises are bonafide required by him for occupation by himself or by any member of his family and on receipt of an application made by the specified landlord for the purpose of recovery of possession of the premises, the competent authority shall make an order of eviction on that ground if the specified landlord produces a certificate granted by the authorised officer to the effect that,--
(i) he is a
1[13A. Permission to construct additional structure
Where the landlord proposes to make any improvement in; or construct any additional structure on, any building which (or part of which) has been let to a tenant, and the tenant refuses to allow the landlord to make the improvement or construct such additional structure, if the Court, on an application made to it in this behalf by the landlord, is satisfied that such work will not cause undue hardship to the tenant, the Court may permit the land lord to do such work, and may make such other order as it thinks fit in the circumstances of the case]
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1. Section 13A was inserted by Guj. 57 of 1963, s. 13.
Where the interest of a tenant of any premises is determined for any reason, any sub-tenant to whom the premises or any part thereof have been lawfully sub-let1[before the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959 (Bom. Ord. No. III of 1959)] shall, subject to the provisions of this Act, be deemed to become the tenant of the landlord on the same terms and conditions as he would have held from the tenant if the tenancy had continued.
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1. This portion was substituted for the words" before the coming into operation of this Act" by Bom. 49 of 1959, s. 6.
15.1[In absence of contract to the contrary tenant not to sublet or transfer
2[(1)] Notwithstanding anything contained in any law,3[but subject to any contract to the contrary,] it shall not be lawful after the coming into operation of this Act for any tenant to sub-let the whole or any part of the premises let to him or to assign or transfer in any other manner his interest therein:
4[Provided that the5[State] Government may, by notification in the Official Gazette, permit in any area the transfer of interest in premises held under such leases or class of leases and to such extent as may be specified in the notification.]
6[(2) The bar against sub-letting, assigning or transferring premises contained in sub-section (1) shall be deemed not to have had any effect before the commencement of the
1[15A. Landlords permission necessary for giving on licence
Notwithstanding anything contained in any law, it shall not be lawful after the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Gujarat Extension and Amendment) Act, 1963 (Guj. LVII of 1963) for any tenant to give premises or any part thereof on licence for monetary consideration without the previous permission of the landlord.]
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1. Section 15A was inserted, Guj. 57 of 1903, 15.
(1) The Court shall when passing a decree on the ground specified in clause (h) of sub-section (1) of section 13 ascertain from the tenant whether he elects to be placed in occupation of the promises or part thereof from which he is to be evicted and, if the tenant so elects, shall record the fact of the election in the decree and specify in the decree the date on or before which he shall deliver possession so as to enable the landlord to commence the work of repairs.
1[(2) If the tenant de delivers possession on or before the date specified in the decree the landlord shall, two month before the date on which the work on repairs is likely to be completed, give notice to the tenant of the date on which the said work shall be completed. Within fifteen days from the date of the such notice, the tenant shall intimate to the landlord his acceptance of the accommodation offered and depos
(1) Where a decree for eviction has been passed by the Court on the ground specified in clause (g) or (i) of sub-section (1) of section 13 and the premises are not occupied or the work of erection is not commenced within a period of one month from the date the landlord recovers possession or the premises are re-let within one year of the said date to any person other than the original tenent, the Court may, on the application of the original tenant made within thirteen months of such date, order the landlord to place in occupation of the premises on the original terms and conditions, and, on such order being made, the landlord and any person who may be in occupation of the premises shall give vacant possession to the original tenant.
(2) Any landlord who recovers possession on the ground specified in clause (g) or (i) of sub-section (1) of section 13 and keeps the premises unoccupi
1[17A. Recovery of possession for demolishing building
(1) Where a decree for eviction has been passed by the court on the ground specified in clause (hh) of sub section (1) of section 13 and the work of demolishing the premises has not been commenced by the landlord within the period specified in clause (d) of sub-section (3 A) of the said section2[or extended under the proviso to the said sub-section] the tenant may give the landlord a notice of his intention to occupy the premises from which he has been evicted and if the landlord does not forthwith deliver to him the vacant possession of the premises on the same terms and conditions on which he occupied them immediately before the eviction, the tenant may make an application to the Court within six weeks of the date on which he delivered vacant possession of the premises to the landlord.
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1[17 B. Tenant's right to give notice to landlord of his intention to occupy tenement in new building
Where a decree for eviction has been passed by the Court on the ground specified in clause (hh) of sub-section (1) of section 13 and the work of demolishing the premises and of the erection of a new building has been commenced by the landlord, the tenant may, within six months from the date on which he delivered vacant possession of the premises to the landlord, give notice to the landlord of his intention to occupy a tenement in the new building on its completion on the following conditions, namely:--
(a) that he shall pay to the landlord the standard rent in respect of the tenement:
Provided that, in respect of a residential tenement, the tenant concerned shall not be required to pay rent in
1[17C. Landlord to intimate to tenant date of completion and tenant's right to occupy tenement in new building
(1) On receipt of notice from the tenant under section 17B, the landlord shall, not less than three months before the date on which the erection of the new building is likely to be completed, intimate to the tenant the date on which the said erection shall be completed. On the said date the tenant shall be entitled to occupy the tenement.
(2) (a) If the tenant fails to occupy the tenement within a period of one month from the date on which he is entitled to occupy it under sub-section (1) the tenant's right to occupy the said tenement under the said sub-section shall terminate and the landlord shall be entitled to recover from the tenant a sum equal to three times the amount of the monthly standard rent in respect of the tenemen
1[17D. Vesting of original site in state Government
(1) Where a landlord fails to erect a new building within the period specified in clause (a) of section 11 A, the original site, irrespective of whether the premises thereon referred to in section 11A exist or not, shall vest in the State Government free from all encumbrances for the purpose of erection of new building to provide accommodation to tenants, and there shall be paid to the landlord such compensation for such site as may, subject to such rules as may be made in this behalf, under section 49, by an order be determined by the Collector.
(2) An appeal shall lie to the State Government from an order made by the Collector under sub-section (1) determining the amount of compensation to be paid to the landlord, within 30 days from the date of communication of the order and the Stat
(1). If any landlord either himself or though any person acting or purporting to act on his behalf or if any person acting or purporting to act on behalf of the landlord receives any fine, premium or other like sum or deposit or any consideration other than the standard rent or the permitted increases, in respect of the grant, renewal or continuance of a lease of any premises, or for giving his consent to the transfer of a lease by sub-lease or otherwise, such landlord or person shall, on conviction, be punished with imprisonment for a term which may extend to six months and shall also be punished with fine which shall not be less than the amount of the fine, premium or sum or deposit or the value of the consideration received by him, and further where the offence is committed by a landlord in respect of premises which were of his ownership on the date of the offence such premises shall be liable to confiscation.
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(1)1[Save in cases provided for under the proviso to section 15,] it shall not be lawful for the tenant or any person acting or purporting to act on behalf of the tenant to clain or receive any sum, or any consideration as a condition of the relinquishment2[transfer or assignment] of his tenancy of any premises.
(2) Any tenant or person who in contravention of the provision of sub-section (1) receives any sum or consideration shall, on conviction, be punished with imprisonment for a term which may extend to six months and shall also be punished with fine which shall not be less than the sum of the value of the consideration received by him.
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1. These words and figures were inserted by Bom. 61 of 1953 s. 12(1).
2. These words
Any amount paid on account of rent after the date of the coming into operation of this Act shall, except in so far as payment thereof is in accordance with the provisions of this Act, be recoverable by the tenant from the landlord to whom it was paid or on whose behalf it was received or from his legal representative at any time within a period of six months from the date of payment and may, without prejudice to any other remedy for recovery, be deducted by such tenant from any rent payable by him to such landlord.
(1) Every landlord shall upon a notice served upon him by the tenant by post or in any other manner, furnish to such tenant within one month of the receipt shall not be a statement giving full particulars of the amount of standard rent of the premises or part thereof lets to such tenant and of the permitted increases.
(2) Any landlord who fails to furnish such statement or any landlord or his agent who intentionally furnishes a statement which is false in any materials particular 6[shall, on conviction, be punished] with fine which may extend to one thousand rupees.
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1. These words were substituted for the words "shall be punishable" Bom. 61 of 1953, s. 13.
22. Particulars to be furnished by tenant of tenancy sub-let or transferred before1[the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959]
(1) Every tenant who,2[before the commencement of the Bombay Rent's Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959 (Bom. Ord. No. III of 1959)] has, without the consent of the landlord given in writing, sub-let the whole or any part of the premises let to him or assigned or transferred in any other manner his interest therein, and every sub-tenant to whom the premises are so sub-let or the assignment or transfer is so made, shall furnish to the landlord within a month of the receipt of a notice served upon him by the landlord by post or in any other manner a statement in writing signed by him giving full particulars of such sub-letting, assignment or transfer including the rent charged or paid by
(1) Notwithstanding anything contained in any law for the time being in force and in the absence of an agreement to the contrary by the tenant, every landlord shall be bound to keep the premises in good and tenantable repair.
1[2] If the landlord neglects to make any repairs, which he is bound to make under sub-section (1), within a reasonable time after a notice is served upon him by post or in any other manner by a tenant or jointly by tenants interested in such repairs, such tenant or tenants may themselves make the same and deduct the expenses of such repairs from the rent or otherwise recover them from the landlord:
Provided that where the repairs are jointly made by the tenants the amount to be deducted or recovered by each tenant shall bear the same proportion as the rent payable by him in respect of his premises bears to the tota
1 [23A. Tenant entitled to supply of electricity his cost
(1) When a tenant desires to get supply of electricity at his own cost from a licensee within the meaning of the Indian Electricity Act 1910 (IX of 1910) and the owner of the premises does not give his consent therefore, the tenant may apply to the Collector setting out the scheme for such supply.
(2) On receipt of such, application the Collector may, after giving the landlord and the owner of the premises if he be not the landlord, opportunity of being heard, permit the tenant to get the supply in accordance with the scheme set out in the tenant's application or in accordance with, any modified scheme.
(3) On such permission being given, notwithstanding anything contained in any contract or in any other law for the time being in force,
(1) No landlord either himself or through any person acting or purporting to act on Ms behalf shall without just or sufficient cause cut off or withhold any essential supply or service enjoyed by the tenant in respect of the premises let to him.
(2) A tenant in occupation of the premises may, if the landlord has contravened the provisions of sub-section (1), make an application to the Court for a direction to restore such, supply or service.
(3) If the Court on inquiry finds that the tenant has been in enjoyment of the essential supply or service and that it was cut of or withheld by the landlord without just or sufficient cause, the Court shall make an order directing the landlord to restore such supply or service before a date to be specified in the order. Any landlord who fails to restore the supply or service before the date so speci
(1) A landlord shall not use or permit to be used for a non-residential purpose any premises which on the date of the coming into operation of this Act were used for a residential purpose.
(2) Any landlord who contravenes the provisions of sub-section (1) shall, on conviction, be punishable with imprisonment for a term which may extend to three months or with fine or with both.
26. Giving receipt for rent1[any amount received] compulsory
(1) Every landlord shall give a written receipt for any amount2[at the time when such amount is] received by him in respect of any premises in such form and in such manner as may be prescribed.
(2) Any landlord or person who fails to give a written receipt for any amount received by him in respect of any premises shall, on conviction, be punishable with fine which may extend to one hundred rupees.
________________________
1. These words were substituted for the word "rent", Bom. 63 of 1949, s. 3, Second Schedule
2. These words were inserted by Bom. 63 of 1949, s. 3, Second Schedule.
(1) Notwithstanding anything contained in any law for the time being in force or any contract, custom or local usage to the contrary, rent payable by the month or year or portion of a year shall be recovered, according to the British Calendar.
(2) The1[State] Government may prescribe the manner in which rent recoverable according to any other calendar before the coming into operation of this Act snail be calculated and charged in terms of the British Calendar.
________________________
1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
1[(1)] Notwithstanding anything contained in any law and notwithstanding that by reason of the amount of the claim or for any other reason, the suit or proceeding would not, but for this provision, be within its jurisdiction,
2* * *3*
4[(a) in the City of Ahmedabad, the Court of Small Causes of Ahmedabad,]
5[(aa) in any area for which a Court of Small Causes is established under the Provincial Small Cause Courts Act, 1887 (IX of 1887), such Court, and]
(b) elsewhere, the Court of the Civil Judge (Junior Division) having jurisdiction in the area in which the premises are situate or, if there is no such Civil Judged the Court of the Civil Judge (Senior Division) having ordinary jurisdiction, shall have jurisdiction to entertain and try any suit or pro
(1) Notwithstanding anything contained in any law, an appeal shall lie--
1 [(a) in the City of Ahmedabad, from a decree or order made by the Court of Small Causes, Ahmedabad, exercising jurisdiction under section 28 to a bench of two judges of the said court which shall not include the judge who made such decree or order,]
(b) 2 [elsewhere from a decree] or order made by 3 [a Judge of the Court of Small Causes established under the Provincial Small Cause Courts Act, 1887, 4 [or by the Court of the Civil Judge deemed to be the Court of Small Causes under clause (c) of sub-section (2) of section 28] or by] a Civil Judge exercising such jurisdiction, to the District Court:
5 [Provided that no such appeal shall lie from--
(I) a decree or order made in a
1[29A. Saving of suits involving title
Nothing contained in section 28 or 29 shall be deemed to bar a party to a suit, proceeding or appeal mentioned therein in which a question of title to premises arises and is determined, from suing in a competent court to establish his title to such premises.]
________________________
1. This section was inserted by Bom. 36 of 1948, s. 6.
If the Court finds that any suit, proceeding or application instituted or made before it is not instituted, or made bonafide or is false, frivolous or vexatious, the Court may, after hearing the plaintiff or applicant and for reasons to be recorded, order that compensation, not exceeding one thousand rupees, be paid by such plaintiff or applicant to the defendant or opponent, as the case may be.
The courts specified in sections 28 and 29 shall allow the prescribed procedure in trying and hearing suits, proceeding, applications and appeals and in executing orders made by them.
1[31A. Special procedure for disposal of certain applications
(1) The State Government may, by notification in the official Gazette, appoint as many persons as it thinks fit as competent authority for the purpose of exercising the powers conferred, and performing the duties imposed on the competent authority under this section and shall define the local limits within which any competent authority so appointed shall exercise such powers and perform such duties.
(2) A person shall not be qualified for appointment as a competent authority unless he had held a judicial office for atleast five years or has been practising as an advocate or pleader for atleast seven years.
(3) Notwithstanding anything to the contrary contained in this act, an application for eviction on the ground specified in secti
The1[State] Government may by notification in the Official Gazette appoint any person to be a Controller for any area for the purposes of this Part.
________________________
1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
33. Fixation of fair rates,1[percentage of accommodation] and number of Lodgers
(1) The Controller may fix a fair rate to be charged for board, lodging or other service provided in a hotel or lodging house, at such amount as having regard to the circumstances of the case, he deems just.2[The Controller may also fix the percentage of accommodation of daily and monthly lodgers respectively in a hotel or lodging house.]
(2) The Controller may fix a: fair rate separately for--
(i) lodging with reference to the nature of the accommodation and the number of lodgers to be accommodated; (ii) board, partial or full;
(iii) other service.
(3) The Controller may fix fair rates separately for daily and monthly lodgers
34. Revision of fair rates,1[percentage of accommodation] and number of Lodgers
The Controller may, from time to time, revise the fair rates, 5[the percentage of accommodation] or the number of lodgers fixed under section 33.
________________________
1. These words were inserted, Bom. 3 of 1949, s. 5.
Fair rates fixed under the Bombay Hotels and Lodging Houses Control Order, 1942, or the Bombay Rents, Hotel Rents and Lodging House Bates (Control) Act, 1944 (Bom. VII 1944) and which were in force immediately before the coming into operation of this Part shall be deemed to have been fixed under this Part, and the provisions of this Part shall apply in respect of such rates.
Where under section 33, or section 34 the Controller has fixed or revised' the fair rate, the1[percentage of accommodation] or the number of lodgers he shall direct the manager of the hotel or the owner of lodging house, as the case may be, to display a notice of the fair rate,1[percentage of accommodation], the number of lodgers and all the provisions of this Act relating thereto in a conspicuous manner, in the hotel or lodging house and also in the room or accommodation in respect of which the fair rate and the number of lodgers are fixed or revised.
________________________
1. These words were inserted by Bom. 3 of 1949, s. 6.
(1) Notwithstanding any agreement to the contrary, no manager of a hotel or owner of a lodging house shall charge any amount in excess of the fair rate.
(2) When the Controller has fixed the fair rate any agreement for the payment of any charges in excess of such, fair rate shall be void in respect of such excess and shall be construed as if it were an agreement for payment of the said fair rate.
(3) Any sum paid by a lodger in excess of the fair rate shall be recoverable by him at any time within a period of six months from the date of payment from the manager of the hotel or the owner of the lodging house or his legal representative, and may, without prejudice to any other remedy for recovery, be deducted by such lodger from any amount payable by him to such manager or owner.
No manager of a hotel or owner of a lodging, house shall evict or refuse board or other service to a lodger so long as he pays, or is ready and willing to pay, the fair rate and observes and performs the other conditions of his agreement in so far as they are consistent with the provisions of this Act:
1[Provided that where under section 33 or section 34 the Controller has fixed or revised the percentage of accommodation for daily and monthly lodgers respectively, the manager of a hotel or owner of a lodging house may refuse accommodation to any daily or monthly lodger, as the case may be, if the accommodation in respect of such class of lodgers is fully occupied.]
________________________
1. This proviso was added, Bom. 3 of 1949, s. 7.
Notwithstanding anything contained in this Act, a manager of a hotel or owner of a lodging house shall be entitled to recover possession of the accommodation provided by him on obtaining a certificate from the Controller certifying that--
(a) the lodger has been guilty of conduct which is a nuisance or an annoyance to any adjoining or neighbouring lodger;1*
(b) the accommodation is reasonably and bona fide required by the owner of the hotel or lodging house, as the case may be either for his own occupation or for the occupation of any person; for whose benefit the ,accommodation is held, or for any other cause which may be deemed Satisfactory by the Controller;2*
3[(bb) the ledger is habitually irragular in making payment of the charges for board, lodging or other service provided in the hotel
(1) If any manager of a hotel or owner of a lodging house either himself or through any person acting or purporting to act on his behalf or if any person acting or purporting to act on behalf of a manager of a hotel or owner of a lodging house receives any fine, premium or other like sum or deposit or any consideration other than the fair rate, in respect of the grant or continuance of accommodation in the hotel or lodging house, such manager, owner or person shall, on conviction, be punished with imprisonment for a term which may extend to six months and shall also be punished with fine, which shall not be less than the amount of the fine, premium or sum or deposit or the value of the consideration received by him.
(2) Any manager of a hotel or owner of a lodging house who charges any amount in excess of the fair rate in contravention of section 37 shall, on conviction, be punisha
(1) No order under this Act shall be made by the Controller except after holding an inquiry.
(2) Every such inquiry shall be made summarily in the prescribed manner.
(3) For the purposes of holding an inquiry under sub-section,(1) the Controller shall have the same powers as are vested in Civil Courts in respect of--
(a) proof of facts by affidavits,
(b) summoning and enforcing the attendance of any person and examining him on oath,
(c) compelling the production of documents, and (d) issuing commissions for the examination, of Witnesses.
(4) The Controller may himself, enter or authorize any person subordinate to him to enter upon any premises, hotel or lodging
An appeal shall lie to the1[State] Government from an order passed by the Controller under the provisions of this Part (including an order granting or refusing a certificate under section 39) within fifteen days from the date of communication of the order and the1[state] Government may pass such order as it, deems fit.
________________________
1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
1[(1)] The provisions contained in sections, 28, 29, 30 and 31 shall,2[subject to the provisions of sub-section (2),] apply to suits by a manager of a hotel or an owner of a lodging house against a lodger for recovery of charges for, or possession of, the accommodation provided in the hotel or lodging house.
3[(2) Pending the final decision of the suit for recovery of charges for the accommodation provided in a hotel or lodging house, the manager of the hotel or the owner of the lodging house may make an application to the Court requiring the lodger to deposit in Court the amount of such charges. On such application, the Court shall forthwith make an order directing the lodger to deposit in Court such amount of charges within such period as it thinks fit and shall serve4[the order upon the lodger and a copy thereof upon the manager] of the hotel or the owner of the lodging house. I
A Controller appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian penal Code (XLV of 1960).
All proceedings before a Controller shall be deemed to be judicial proceedings for the purposes of sections 193 and 228 of the Indian Penal Code (XLV of 1960).
No suit, prosecution or other legal proceeding shall lie against a Controller in respect of anything in good faith done or intended to be done under this Act.
(1) Offences under sections 16, 17,1[17A, 17c,]18, 19, sub-section (4) of section 24, section 25 and sub-sections (1) and (2) of section .40 shall be cognizable and shall not be triable by any Court inferior to that of2* *'* a Magistrate of the First Class.
(2) Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (V of 1898), it shall. be lawful for a Magistrate trying offences under this Act to pass sentences of fine or to award any punishment under this Act in excess of his, powers.
________________________
1. These figures and letters were inserted 'by' Bom. 53 of 1950, s. 8. ;
2. The words ''a Presidency Magistrate or", were omitted by the Gujarat Adaptation of laws (State and Concurrent. Subjects) Order, .196
Where a person committing an offence under this Act is a company, or other body corporate, or an association of persons (whether incorporated or not) or a firm, every, director, manager, secretary; agent or other officer or person concerned with the management thereof and every partner of the firm shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such, offence.
(1) The1[State] Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers such rules may provide for--
2[(ai) the manner in which addition to the rent shall be made under sub-section (1) of section 10D;]
3[(aai) the rules subject to which compensation may be determined by the Collector, under sub-section (1) of section 17D;].
(i) the form and the manner in which a receipt is to be given under sub-section (1) of section 26;
(ii) the manner in which rent recoverable according to any calendar other tha
50. Repeal
The Bombay Rent Restriction Act, 1939 (Bom. XVI of 1939), and the Bombay Rents, Hotel Rates and Lodging House Rates (Control). Act, 1944 (Bom. VII of 1944), are hereby repealed:
Provided that all suits and proceedings2* * between a landlord and a tenant relating to the recovery or fixing of rent or possession of any premises to which the provisions of part-II apply and all suits and proceeding by a manager of a hotel or an owner of a lodging house against a lodger for the recovery of charges for, or possession of, the accommodation provided in a hotel or lodging house situate in an area to which Part III applies, which are pending in any Court, shall be transferred to and continued before the Courts which would have jurisdiction to try such suits or proceedings under this Act3[or shall be continued in such Courts, as the case
1 [51. Repeal of Sau. Act XXII of 1951 and of Bom. LVII of 1947 as extended to Kutch area and saving
The Saurashtra Rent Control Act, 1951(Sau. Act XXII of 1944), and the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 as extended to the Kutch area of the State of Gujarat by the Government of India, Ministry of States, Notification No. 215-J, dated the 19th September 1951 are hereby repealed.
Provided that--
(1) such repeal shall not--
(i) affect the previous operation of any law so repealed or anything duly done or suffered thereunder;
(ii) affect any right, privilege, obligation, or liability acquired, accrued or incurred under any law so repealed
&nb
SCHEDULE I
[See section 2 (2).]
(i) 1 * * *
(ii) 1 * * *
(iii) 1 * * *
(iv) 1 * * *
(v) (a) Ahmedabad District --
(1) Ahmedabad Municipal Borough.
(2) Ahmedabad Cantonment.
(3) Kochrab Village.
(4) Paldi Village.
(5) Madalpur Village.
(6) Changispur Village.
(7) Shekhpur-Khanpur Village.
(8) Vasna-Maktampur
1 [SCHEDULEIA
(See section 2A)
part I
Amendments of the Act in its application tothe Saurashtra area of the State of Gujarat
1.In section 5, for clause (10), the following shall be substituted, namely :-
"(10)"standard rent" in relation to any premises means--
(a)where the standard rent is fixed by any Court or authority authorised to do soby any law in force immediately before the, 20th December, 1948, such rent; or
(b)where the standard rent is not so fixed, subject to the provisions of section11,
(i)the average rent for the month during he calendar year, 1941 or during
1 [* *]
________________________
1. Schedule II was omitted by theGujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
1 [SCHEDULE III
(See section 10A)
(a) 2 [* * *]
(b) 2 [* * *]
(c) Ahmedabad District --
(1) Ahmedabad Municipal Borough.
(2) Ahmedabad Cantonment.
(d) 2[* * * ]
________________________
1. This Schedule was added by Bom. 3of 1949, s. 12.
2. Heading "(a) Bombay Suburban District, (b) Thana District and (d) Poona District" and sub-entries thereunder were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
1 [SCHEDULE IV
[See section 31A(4)]
Formop summons in a case where recovery of possession of premises is prayed for onthe ground specified in section 13AA.
(Name, description and place of residence of the tenant)
WhereasShri . . . . . . . . . . . . . . . . . . . . . . . . . . has filed ,anapplication (a copy of which is annexed) for your eviction from (here insert theparticulars of the premises) on the ground specified in section 13AA;
youare hereby summoned to appear before the Competent Authority within fifteen daysof the service hereof and to obtain the leave of the competent authority tocontest the application for eviction on the ground aforesaid; in defaultwhereof, the applicant will be entitled at a
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