The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947

{
    "id": 16730,
    "slug": "the-bombay-rents-hotel-and-lodging-house-rates-control-act-1947",
    "title": "The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947",
    "short_title": "The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947",
    "act_number": "(Bombay Act No. 57 of 1947)",
    "act_year": 1947,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Extent.",
            "chapter": null,
            "content": "[2A. Act to apply to Saurashtra and Kutch areas with certain modifications.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Commencement and duration.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Exemptions.",
            "chapter": null,
            "content": "(a) any premises constructed on or after the commencement of the Bombay Rents, Hotel and Lodging House Rents Control (Gujarat Second Amendment) Act, 2001 (Gujarat 27 of 2001) (Hereinafter referred to as \"the amending Act\");\n(b) any existing premises which is self-occupied by the owner or vacant on or after the commencement of the amending Act, and is let after such commencement;\n(a) generally :]\n[(i) to premises used for a public purpose of a charitable nature or 4 to any class of premises used for such purpose;]\n(ii) to premises held by a public trust for a religious or charitable purpose [***]\n(iii) to premises held by a public trust for a religious or charitable purpose and administered by [a local authority] ; or\n[(iv) to premises vested by or under the Charitable Endowments Act, 1890, (VI of 1890) in the Treasurer of Charitable Endowments for India or for any State; or]\n[(v) to premises constructed or purchased out of the Public Trusts Administration Fund established under Section 57 of the Bombay Public Trusts Act, 1950 (Bombay XXIX of 1950) and vesting in the Charity Commissioner; or]\n[(b) for special reasons to be recorded to any particular premises of the nature referred to in sub-clauses (i), (ii) or (iii) of clause (a).]\n(b) Notwithstanding anything contained in Section 15 such person \"shall be entitled to create a tenancy in respect of such building or a part thereof [whether before or after the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959]\n[4A. Power of State Government to issue orders in respect of premises belonging to local authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Definition.",
            "chapter": null,
            "content": "(1) \"fair rate\" means the rate fixed under Section 33 and includes the rate as revised under Section 34;\n(2) \"hotel or lodging house\" means a building or a part of a building where lodging with or without board or other service is [by way of business] provided for a monetary consideration;\n(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 from time to time derives title under a landlord; and further includes in respect of his sub-tenant a tenant who has sub-let any premises;\n(4) \"legal representative\" means a legal representative as defined in the Code of Civil Procedure, 1908 (V of 1908) and includes also, in the case of joint family property, the joint family of which the deceased person was a member;\n(5) \"manager of a hotel\" includes any person in charge of the management of a hotel;\n(6) \"owner of a lodging house\" includes any person who receives or is entitled to receive, whether on his own account or on behalf of himself and others or as an agent or trustee, any monetary consideration from any person on account of board, lodging or other service;\n(7) \"permitted increase\" means an increase in rent permitted under the provisions of this Act;\n(8) \"premises\" means-\n(a) any land not being used for agricultural purposes;\n(b) any building or part of a building let separately (other than a farm building) including-\n(i) the garden, grounds, garages and out-houses, if any, appurtenant to such building or part of a building;\n(ii) any furniture supplied by the landlord for use in such building or part of a building;\n(iii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof;\nbut does not include a room or other accommodation in a hotel or lodging house;\n(9) \"prescribe\" means prescribed by rules and prescribed shall be construed accordingly;\n[(9-A) \"specified date\" means-\n(a) in relation to premises situated in the Bombay area of the State of Gujarat [excluding the areas of the merged territories of the former State of Baroda] the first day of September, 1940;\n(b) in relation to premises situated in the Saurashfra area of the State of Gujarat, the first day of January, 1941;\n(c) in relation to premises situated in the Kutch area of the State of Gujarat, the tenth day of November, 1942.]\n(10) \"standard rent\" in relation to any premises means,-\n(a) where the standard rent is fixed by the Court and the Controller respectively under the Bombay Rent Restriction Act, 1939, (Bombay XVI of 1939) or the Bombay Rents, Hotel Rates and Lodging House Rates (Control) Act, 1944, (Bombay VII of 1944), such standard rent; or\n(b) where the standard rent is not so fixed, subject to the provisions of Section 11.\n(i) the rent at which the premises were let on the first day of September, 1940, or\n(ii) where they were not let on the first day of September 1940, the rent at which they were last let before that day, or\n(iii) where they were first let after the first day of September 1940, the rent at which they were first let, or\n(iv) in any of the cases specified in Section 11, the rent fixed by the Court;\n(11) \"tenant\" means any person by whom or on whose account rent is payable for any premises and includes,-\n(a) such sub-tenants and other persons as have derived title under a tenant [before the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959] ; (Bombay Ordinance No. Ill of 1959);\n[(aa) any person to whom interest in premises has been transferred under the proviso to [sub-section (1) of Section 15] ;\n(b) any person remaining after the determination of the lease, in possession, with or without the assent of the landlord, of the premises leased to such person or his predecessor who has derived title [before the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959] ; (Bombay Ordinance No. Ill of 1959).\n[(c) (i) in relation to premises let for residence, any member of the tenant's family residing with the tenant at the time of, or within three months immediately preceding, the death of the tenant as may be decided in default of agreement by the Court, and\n(ii) in relation to premises let for business, trade or storage, any member of the tenant's family carrying on business, trade or storage with the tenant in the said premises at the time of the death of the tenant as may continue, after his death, to carry on the business, trade or storage as the case may be, in the said premises and as may be decided in default of agreement by the Court] ;\n[(12) \"tenement\" means a room or group of rooms rented or offered for rent as a unit.]\nPart II\nResidential and other Premises",
            "footnote": "",
            "is_definition": true,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Application.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Rent in excess of standard rent illegal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Cases where rent to be deemed and not to be deemed to be increased.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Increase in rent on account of improvements etc. excepted.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Increase in rent on account of payment of rates etc. excepted.",
            "chapter": null,
            "content": "[10A. Increase in rent on account of payment of increased rate, etc. after 31st March, 1949 and permitted in certain areas.\n(1) [if 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, (Bombay XVI11 of 1925), or the Bombay District Municipal Act, 1901 (Bombay III of 1901) or the Cantonments Act, 1924, (II of 1924), or the Bombay Village Panchayats Act, 1933, (Bombay 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 situated [* * *] in any of the areas specified in the said Schedule [* * *] and let on or before the said date, be entitled to make any further increase in the rent of the said premises on account of the payment by him of such increase in the rate of tax;\n[(2) * * *]\n(3) the [State] Government may by notification published in the Official Gazette direct that in any area other than [* * *] those specified in Schedule III, a landlord shall not be entitled to make any increase in rent in respect of any premises situate in such area on account of the payment by him of an increase in the rate or tax imposed or levied by any local authority for its own purpose on buildings, houses or lands after such date, as may be specified in the notification;]\n[(4) if the general tax levied under Section 129 of the Bombay Provincial Municipal Corporations Act, 1949, (Bombay LIX of 1949), in respect of any premises in any city exceeds the amount paid by any landlord to any local authority on account of a rate or tax on buildings, houses or lands in respect of such premises for the assessment period which included the 31st March, 1949, there .shall be deemed to be an increase in such rate or tax for the purpose of this section.]\n[10AA. Increase in rent on account of payment of increased rates, etc permitted after certain date in certain areas.\n(a) if in [the City of Ahmedabad] the general tax levied under Section 129 of the Bombay Provincial Municipal Corporation Act, 1949, (Bombay LIX of 1949), or in any other area to which clause (1) of Section 10-A 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 enactments referred to in the said clause (1) in 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 commencement of the Bombay Rents, Hotel and Lodging Houses Rates Control (Second Amendment) Act, 1953 (Bombay LXI of 1953) (hereinafter in this section referred to as the \"the appointed date\"), to make an increase in the rent of the said premises on account of the payment by him of such increase in the rate or tax;\n(b) a landlord shall be entitled, after appointed date, to make an increase in the rent of any premises situated in any of the said areas and let after the 31st day of March, 1949, on account of the payment by him of any increase in such rate or tax;\n(c) if a notification has been issued under clause (3) of Section 10-A in respect of any area, a landlord shall entitled, after the appointed dated, to make an increase in the rent of any premises situated in such area on account of the payment by him of an increase in the rate or tax imposed or levied by any local authority for its own purpose on buildings, houses or lands after the date specified in such notification:\n(i) the difference between the amount of the increase paid by the landlord by way of rate or tax and the amount, if any, by which the Urban Immovable Property Tax is reduced after the 31st days of March, 1949; or\n(ii) five per cent of the standard rent, whichever is less.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "10B",
            "title": "10B. Proportional recovery of riot tax after certain date permitted.",
            "chapter": null,
            "content": "[10C. Increase in rent excepted.\n1\n1\n2\n2\n(1) Residential premises the rent of which does not exceed Rs.\n\t\t\t\t20 per month.\nNot exceeding 5 per cent of the standard rent.\n(2) Residential premises the rent of which exceeds Rs. 20 per\n\t\t\t\tmonth but does not exceed Rs. 80 per month.\nNot exceeding 7 ½ per cent, of the standard rent.\n(3) Residential premises the rent of which Rs. 80 per month\nNot exceeding 10 per cent, of the standard rent.\n(4) Non-residential premises other those specified in items\n\t\t\t\t(5) and (6) below:-\n(a) the rent\n\t\t\t\tof which does not exceed Rs. 50 per month\nNot exceeding 7-½ per cent of the standard rent\n(b) the rent\n\t\t\t\tof which exceeds Rs. 50 per month\nNot exceeding 12-½ per cent of the standard rent\n[(5) Premises interest in which is transferred under the\n\t\t\t\tproviso to [sub-section (1)] of Section 15 on or after the date of\n\t\t\t\tthe coming into force of the Bombay Rents, Hotel and Lodging\n\t\t\t\tHouse Rates Control (Second Amendment) Act, 1953, (Bombay LXI of\n\t\t\t\t1953) as incident to the sale of a business together with the\n\t\t\t\tstock-in-trade and goodwill thereof.]\nNot exceeding 25 per cent, of the standard rent.\n(6) Premises used for the purposes of a cinema\nNot exceeding 50 per cent, of the standard rent.\nExplanation.\n[10CC. Increase in rent of premises used for cinema in Saurashtra and Kutch areas and former Baroda State territories.\nExplanation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "10D",
            "title": "10D. Increase in rent on account of repairs excepted.",
            "chapter": null,
            "content": "Explanation.\n[10E. Increase in rent on account of payment of increased ground-rent etc.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "11",
            "title": "11. Court may fix standard rent and permitted increase in certain cases.",
            "chapter": null,
            "content": "(a) where any premises are first let after the [specified date] and the rent at which, they are so let is in the opinion of the Court excess; or\n(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 (b) of the sub-section (10) of Section 5; or\n(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 difficulty arises in giving effect to this part; or\n(d) where any premises have been or are let rent-free or a at nominal rent or for some consideration in addition to rent; or\n(e) where there is any dispute between the landlord and the tenant regarding the amount of standard rent.\n[11A. Right of tenant in view building in disturbed areas.\n(a) the landlord shall erect the new building at the original site, subject to the provisions of any rules, by-laws or regulations, made by an local authority, not later than fifteen months from the commencement of this Act; and\n(b) the tenant shall have the right to occupy a tenement in the new building erected at the original site by the landlord ;and\nExplanation.\n[11B. Right of tenants in new building when premises damaged or destroyed due to natural calamity.\n(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 local authority, not later than twelve months from the date on which material part of premises of the building is wholly destroyed or rendered substantially and permanently unfit:\n(b) the tenant shall have the right to occupy a tenement in the new building erected at the original site of by the landlord; and the provisions of Sections 17-B and 17-C shall, so far as may be, apply.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "12",
            "title": "12. No ejectment ordinarily to be made if tenant pays or is ready and willing to pay standard rent and permitted increases.",
            "chapter": null,
            "content": "(a) the standard rent and permitted increases due for the premises,\n(b) recover possession of such premises merely on the ground of non-payment of standard rent and permitted increases due, during the period in which such premises remain so destroyed, or unfit.]\n(a) standard rent and permitted increases due for the premises.\n(b) recover possession of such premises merely on the ground of non-payment of standard rent and permitted increases due, during the period in which such premises remained so destroyed or unfit.]\n(b) In any other case, no decree for eviction shall be passed in any such suit if, on the first day of hearing of the suit or on or before such other date as the Court may fix, the tenant pays or tenders in Court the standard rent and permitted increases then due and [thereafter,-(i) continues to pay or tender in Court such rent and permitted increases till the suit is finally decided; and (ii) pat s costs of the suit] , as directed by the Court.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "13",
            "title": "13. When landlord may recover possession.",
            "chapter": null,
            "content": "(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 -\n(b) [that, save as otherwise provided in Section 23-A] , the tenant has, without the landlord's consent given in writing, erected on the premises any permanent structure; or\n(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\n(d) that the tenant has given notice to quit and in consequence of that notice the landlord has contracted to seller let the premises or has taken any other steps, as a result of which he would, in the opinion of the Court, be seriously prejudiced if he could not obtain possession of the premises; or\n(e) that the tenant has, since the coming into operation of this Act lawfully [sub-let] the whole or part of the premises or assigned or transferred in any other manner his interest therein; or\n[(ee) that the tenant has, after the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Gujarat Extension and Amendment) Act, 1963, (Gujarat LVII of 1963) given the whole or any part of the premises on licence for monetary consideration to any person, without the previous permission of the landlord] ; or\n(f) that the premises were let to the tenant for use as a residence by reason of his being in the service or employment of the landlord, and that the tenant has ceased, whether before or after the coming into operation of this Act, to be in such service or employment; or\n(g) that the premises are reasonably and bona fide required by the landlord\nfor occupation by himself or by any person for whose benefit the premises are held [where the landlord is a trustee of a public charitable trust that the premises are required for occupation for the purpose of the trust] ; or\n(h) that the premises are reasonably and bona fide required by the landlord for carrying out repairs which cannot be carried out without the premises being vacated; or\n[(hh) that the premises consist of not more than two floors and are reasonably and bona fide required by the landlord for the immediate purpose of demolishing them and such demolition is to be made for the purpose of erecting new building on the premises sought to be demolished] ; or\n[(hhh) that the premises are required for the immediate purpose of demolition ordered by any local authority or other competent authority] ; or\n(i) that where the premises are land, such land is reasonably and bona fide required by the landlord for the erection of a new [***] building; or\n[(ii) that where the premises are land in the nature of garden or grounds appurtenant to a building or part of a building, such land is required by the landlord for the erection of a new residential building which a local authority has approved or permitted him to build thereon;]\n(j) that the rent charged by the tenant for the premises or any part thereof which are sub-let [before the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959] (Bombay Ordinance No. III of 1959) is in excess of the standard rent and permitted increases in respect of such premises or part or that the tenant has received any fine, premium, other like sum or consideration in respect of such premises or part: or\n(k) that the premises have not been used without reasonable cause for the purpose for which they were let for a continuous period of six months immediately preceding the date of the suit; or (l) that the tenant after the coming into operation of this Act has built,acquired vacant possession of or been allotted a suitable residence. [ Explanation. - For the purposes of clause (b), no permanent structure shall be deemed to be erected on any premises merely by reason of the construction of a partition wall, door or lattice work or the filling of Kitchen-stand or such other alteration made in the premises as can be removed without serious damage to the premises.]\n(l) that the tenant after the coming into operation of this Act has built,acquired vacant possession of or been allotted a suitable residence.\nExplanation.\nExplanation.\n(a) a person shall not be deemed to be a landlord unless he has acquired his interest in the premises at a date prior to the beginning of the tenancy or the first day of January, 1964, whichever is later, or if the interest has devolved on him by inheritance or succession, his predecessor in title had acquired the interest at a date prior to the beginning of t&e tenancy or the first day of January, 1964, whichever is later;\n(b) the expression \"landlord\" shall not include a rent-farmer or rent-collector.]\n(a) that the new building to be erected by him shall [subject to the provisions of any rule, bye-laws or regulations, made by a local authority,] contain not less than [two] times the number of residential tenements, and not less than [two] times the floor area, contained in the premises sought to be demolished;\n(b) that the work of demolishing the premises shall be commenced by him not later than one month, and shall be completed not later than three months, from the date he recovers possession of the entire premises; and\n(c) that the work of erection of the new building shall be completed by him not later than fifteen months from the said date:\n(b) The Tribunal constituted under clause (a) may grant a certificate after being satisfied that-\n(i) the plans and estimates for the new building have been properly prepared;\n(ii) [***]\n(iii) the necessary funds for the purpose of the erection of the new building are available with the landlord; and\n(iv) such other conditions as the State Government may by general or special order specify, have been satisfied.\n(c) The proceedings before the Tribunal shall be in the manner as may be prescribed by rules made by the State Government in this behalf.\n[13A. Permission to construct additional Structure.\n[13AA. Right of members of Armed Forces of Union and their widows and heirs to recover possession of premises required for their occupation.\n(a) A specified landlord shall be entitled to recover from his tenant the possession of any premises owned by him or by any members of his family, on the ground that such premises are bona fide , 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,-\n(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\n(ii) he does not possess any other premises suitable for residence in the local area where the premises are situated;\n(b) a successor-in-interest who becomes the landlord of the premises owned by such member of the armed forces of the Union, as a result of death of such member while in service or within five years of his retirement, shall be entitled to recover possession of such premises on the ground that the premises are bona fide required for occupation by the successor-in-interest himself or by any member of the family of the deceased member and on receipt of an application made by the successor-in-interest for the purpose of recovery of possession of the premises, the competent authority shall make an order of eviction on that ground if the successor-in-interest produces a certificate granted by the Authorised Officer to the effect that,-\n(i) the successor-in-interest is a widow or any other member of the family of the deceased member of the armed forces of the Union; and\n(ii) such successor-in-interest, does not possess any other premises suitable for residence in the local area where such premises are situated.\n(b) Where the competent authority is satisfied that no hardship would be caused either to the tenant or to the specified landlord or, as the case may be, the successor-in-interest by making the order in respect of a part of the premises, the competent authority shall make the order in respect of such part only.\n(i) in the case of an officer retired from Army, the Area Commander,\n(ii) in the case of an officer retired from the Navy, the Flag Officer Commanding-in-Chief, Naval Command, and\n(iii) in the case of an officer retired from the Air Force, the Station Commander;\n(i) if the deceased member has a spouse living at the time of his death, such spouse, and\n(ii) in any other case, any other member of his family.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "14",
            "title": "14. Sub-tenant to become tenant on determination of tenancy.",
            "chapter": null,
            "content": "[15. in absence of contract to the contrary tenant not; to sublet or transfer.\n[15A. Landlord's permission necessary for giving on licence.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "16",
            "title": "16. Recovery of possession for repairs and re-entry.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "17",
            "title": "17. Recovery of possession for occupation, etc and re-entry.",
            "chapter": null,
            "content": "[17A. Recovery of possession for demolishing building.\n[17B. Tenant's right to give notice to landlord of his intention to occupy tenement in new building.\n(a) that he shall pay to the landlord the standard rent in respect of the tenement:\n(b) that his occupation of the tenement shall, save as provided in condition (a) above, be on the same terms and conditions as the terms and conditions on which he occupied the premises immediately before the eviction.]\n[17C. Landlord to intimate to tenant date of completion and tenant's right to occupy tenement in new building.\n(b) If the landlord fails, without reasonable excuse, to comply with the provisions of sub-section (1) or to place the tenant in occupation of the tenement he shall, without prejudice to his liability to place the tenant in vacant possession of the tenement, on conviction, be punishable with imprisonment for a term which may extend to three months or with fine or with both.]\n[17D. Vesting of original site in State Government.\n[(B)] The terms and conditions for Providing Accommodation to tenants after erection of new building shall be such as may be prescribed.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "18",
            "title": "18. Unlawful charges by landlord.",
            "chapter": null,
            "content": "(i) that the landlord is to let to such person the whole or part of the building when completed for the use of such person or any member of his family;\n(ii) that the rate of interest on such loan shall not be less than four per cent per annum;\n(iii) that such loan shall be repayable by the landlord within a period of ten years from the date of the execution of the agreement or within a period of six months from the date of the termination of the tenancy by the landlord, whichever period expires earlier;\n(iv) that the amount of the loan shall be charge on the entire building and the entire interest of the landlord in the land on which such building is erected:\n(v) that the landlord shall use the amount of the loan for the purpose of erecting the whole or part, as the case may be, of the residential building and for no other purpose; and\n(vi) (a) that the erection of the building shall be completed within a period of two years from the date of the execution of the agreement or if the agreements executed are more than one, from the date of the execution of the first of such agreements:\n(b) that if the erection of the building is not completed within the period of two years or within the extended period specified in the proviso to clause (a), the loan shall be repayable forthwith to the person advancing the same with interest at the rate of four per cent per annum.\n(a) [except as provided in sub-section (3)]\n(b) where any furniture or other article is sold by landlord to the tenant either before or after the creation of tenancy of any premises, the excess of the price received over the reasonable price of the furniture or article, shall be deemed to be a fine or premium or consideration.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "19",
            "title": "19. Unlawful charges by tenant.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "20",
            "title": "20. Recovery of amounts paid not in accordance with Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "21",
            "title": "21. Landlord to furnish particulars or rent, etc., to tenant.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "22",
            "title": "22. Particulars to be furnished by tenant of tenancy sub-let or transferred before the [Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959] .",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "23",
            "title": "23. Landlord's duty to keep premises in good repair.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "23A",
            "title": "23A. Tenant entitled to supply of electricity at his cost.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "24",
            "title": "24. Landlord not to cut off or withhold essential supply or service.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "25",
            "title": "25. Conversion of residential into non-residential premises prohibited.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "26",
            "title": "26. Giving receipt for [any amount] received compulsory.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "27",
            "title": "27. Recovery of rent according to British Calendar.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "28",
            "title": "28. Jurisdiction of Courts.",
            "chapter": null,
            "content": "[(a) in the City of Ahmedabad, the Court of Small Causes of Ahmedabad.]\n[(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]\n(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 Judge, the Court of the Civil Judge (Senior Division) having ordinary jurisdiction, shall have jurisdiction to entertain and try any suit or proceeding between a landlord and a tenant relating to the recovery of rent or possession of any premises to which any of the provisions of this part apply and to decide any application made under this Act and to deal with any claim or question arising out of this Act or any of its provisions and [subject to the provisions of sub-section (2)] , no other Court shall have jurisdiction to entertain any such suit, proceeding or application or to deal with such claim or question.\n(b) When any suit, proceeding or application has been withdrawn under clause (a), the Court of the Civil Judge (Senior Division) which thereafter tries such suit, proceeding or application, as the case may be, may either retry it or proceed from the stage at which it was withdrawn.\n(c) The Court of the Civil Judge trying any suit, proceeding or application withdrawn under clause (a) from the Court of Small Causes, shall, for purposes of such suit, proceeding or application, as the case may be, deemed to be the Court of Small Causes.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "29",
            "title": "29. Appeal.",
            "chapter": null,
            "content": "[(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;]\n(b) [elsewhere from a decree] or order made by a Judge of the Court of Small Causes established under the [Provincial Small Cause Courts Act, 1887, (IX of 1887) 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:\n(I) a decree or order made in any suit or proceeding in respect of which no appeal lies under the Code of Civil Procedure, 1908; (V of 1908);\n(II) a decree or order made in any suit or proceeding (other than a suit or proceeding relating to possession) in which the plaintiff seeks to recover rent and the amount or value of the subject-matter of which does not exceed-]\n[(i) where such suit or proceeding is instituted in the City of Ahmedabad, two thousand rupees; and]\n(ii) [* * *] [where such suit or proceeding is instituted elsewhere] the amount upto which the Judge or Court specified in clause (b) is invested with jurisdiction of a Court of Small Causes, under any law for the time being in force;\n(iii) an order made upon an application for fixing the standard rent or for determining the permitted increases in respect of any premises except in a suit or proceeding in which an appeal lies;\n(iv) an order made upon an application by a tenant for a direction to restore any essential supply or service in respect of the premises let to him.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "29A",
            "title": "29A. Saving of suits involving title.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "30",
            "title": "30. Compensation in respect of proceedings which are not bona fide or are false, frivolous or vexatious.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "31",
            "title": "31. Procedure of Courts.",
            "chapter": null,
            "content": "[31A. Special procedure for disposal of certain applications.\n(b) When an acknowledgement purporting to have been signed by the tenant or his agent is received by the competent authority or the registered article containing the summons is received back with an endorsement, purporting to have been made by a postal employee to the effect that the tenant or his agent had refused to take delivery of the registered article, the competent authority may declare that there has been a valid service of summons.\n\"(1) Where an order for eviction has been made by the competent authority under Section 13-AA and the, premises are not occupied or the premises are re-let within one year from the date the specified landlord or the successor-in-interest recovers possession, to any person other than the original tenant, the competent authority may on the application of the original tenant made within 13 months of such date order the specified landlord or the successor-in-interest to place the original tenant in occupation of the premises on the original terms and conditions, and on such order being made the specified landlord or the successor-in-interest or any person who may be in occupation of the premises shall give vacant possession to the original tenant.\n(2) Any specified landlord or the successor-in-interest who recovers possession under Section 13-AA and keeps the premises unoccupied and any specified landlord or successor-in-interest or other person in occupation of the premises who fails to comply with the order of the competent authority under 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.\"\nPart III\nHotels and Lodging Houses",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "32",
            "title": "32. Appointment of Controller.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "33",
            "title": "33. Fixation of fair rates [percentage of accommodation] and number of Lodgers.",
            "chapter": null,
            "content": "(i) lodging with reference to the nature of the accommodation and the number of lodgers to be accommodated;\n(ii) board, partial or full;\n(iii) other service.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "34",
            "title": "34. Revision of fair rates, [percentage of accommodation] and number of Lodgers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "35",
            "title": "35. Continuance of fair rates before coming into operation of this Part.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "36",
            "title": "36. Notice of fair rate, [percentage of accommodation] and number of lodgers to be displayed.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "37",
            "title": "37. Charges not recoverable in excess of fair rate.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "38",
            "title": "38. No ejectment ordinarily to be made if fair rate paid.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "39",
            "title": "39. When manager of a hotel or owner of lodging house may recover possession.",
            "chapter": null,
            "content": "[(a) the lodger has been guilty of conduct which is a nuisance or an annoyance to any adjoining or neighbouring lodger;]\n(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; [***]\n[(bb) the lodger is habitually irregular in making payment of the charges for board, lodging or other service provided in the hotel or lodging house;]\n[(c) the lodger has failed to vacate the accommodation on the termination of the period of the agreement in respect thereof:\n[(d) the lodger has done any act which is inconsistent with the purpose for which the accommodation is provided to him or which is likely to affect adversely and substantially the owner's interest therein.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "40",
            "title": "40. Penalties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "41",
            "title": "41. Provisions relating to inquiries by Controller.",
            "chapter": null,
            "content": "(a) proof of facts by affidavits;\n(b) summoning and enforcing the attendance of any person and examining him on oath;\n(c) compelling the production of documents; and\n(d) issuing commissions for the examination of witnesses.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "42",
            "title": "42. Appeal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "43",
            "title": "43. Procedure of Court in suits.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "44",
            "title": "44. Controller to be deemed public servant.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "45",
            "title": "45. All proceedings before a Controller to be judicial proceedings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "46",
            "title": "46. Protection of action taken under this Act.",
            "chapter": null,
            "content": "Part IV\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "47",
            "title": "47. Certain offences to be cognizable.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "48",
            "title": "48. Offence by companies, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "49",
            "title": "49. Rules.",
            "chapter": null,
            "content": "[(ai) the manner in which addition to the rent shall be made under sub-section (1) of Section 10-D;]\n[(aai) the rules subject to which compensation may be determined by the Collector under sub-section (1) of Section 17-D]\n[(aaai) the terms and conditions for providing accommodation to tenants under clause (b) of sub-section (1) of Section 17-D] :\n(i) the form and the manner in which a receipt is to be given under sub-section (1) of Section 26;\n(ii) the manner in which rent recoverable according to any calendar other than the British Calendar before the coming into operation of this Act shall be calculated and charged in terms of the British Calendar under sub-section (2) of Section 27;\n(iii) the procedure to be followed in trying or hearing suits, proceedings (including proceedings for execution of decrees and distress warrants), applications, appeals and execution of orders;\n(iv) the manner in which inquiries shall be made summarily under sub-section (2) of Section 41;\n[(v) levy of court-fees in suits, appeals, proceedings and applications instituted before the State Government, Court, Controller or Collector.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "50",
            "title": "50. Repeal.",
            "chapter": null,
            "content": "(a) every order passed or act done by the Controllers under Part IV of the Bombay Rents, Hotel Rates and Lodging House Rates (Control) Act, 1944 (Bombay VII of 1944) and every order or act deemed to have been passed or done under that Part shall be deemed to have been passed or done under this Act; and\n(b) all proceedings pending before the Controllers under Part IV of that Act shall be transferred to and continued before the Controllers appointed under this Act as if they were proceedings instituted before the Controllers Under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "51",
            "title": "51. Repeal of Saurashtra Act XXII of 1951 and of Bombay LVII of 1947 as extended to Kutch area and saving.",
            "chapter": null,
            "content": "(i) affect the previous operation of any law so repealed or anything duly done or suffered thereunder;\n(ii) affect any right, privilege, obligation, or liability acquired, accrued or incurred under any law so repealed;\n(iii) affect any penalty, forfeiture, or punishment incurred in respect of any offence committed against any law so repealed; or\n(iv) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and\nSchedule I\n[ See Section 2 (2)]\n[ See Section 2 (2)]\n(i) [* * *]\n(ii) [* * *]\n(iii) [* * *]\n(iv) [* * *]\n(v)(a) Ahmedabad District-\n(1) Ahmedabad Municipal Borough.\n(2) Ahmedabad Cantonment\n(3) Kochrab Village.\n(4) Paldi Village.\n(5) Madalpur Village.\n(6) Changispur Village.\n(7) Shekhpur-Khanpur Village.\n(8) Vasna-Maktampur Village.\n(9) Vadaj Village.\n(10) Usmanpur Village,\n(11) Ranip Village.\n(12) Survey Nos. 149, 150 and 151 of Memnagar Village,\n(13) Baherampur Village.\n[(14) Rajpur-Hirpur Village.]\n(15) Dani Limda Village.\n(16) Gomtipur Village.\n(17) Kokhra-Mehemdabad Village.\n(18) Amraivali Village.\n(19) Rakhial Village.\n(20) Saraspur Village.\n(21) Asarva Village.\n(22) Revenue'feurvey Nos. 1077 to 1140 of Naroda Village.\n(23) Sahijpur Bogha Village.\n(24) Dariapur Kajipur Village.\n(25) Hansol Village.\n(26) Acher village.\n(b) Kaira District-\n(1) Anand Municipal District.\n(2) Borsad Municipal District\n(3) Mahemdabad Municipal District.\n(4) Kapadwanj Municipal District.\n(5) Umreth Municipal District.\n(6) Dakore Municipal District.\n(7) Kaira Municipal District.\n(8) Nadiad Municipal Borough\n(9) Matar Village.\n(10) Thasra Village.\n(c) Broach District-\n(1) Broach Municipal Borough District.\n(2) Ankleshwar Municipal.\n(3) Jambusar Municipal District.\n(4) Jalalpore Village.\n(5) Mandvi Village.\n(6) Pardi Village.\n(d) Panch Mahals District-\n(1) Dohad Municipal District.\n(2) Godhra Municipal Borough.\n(3) Jhalod Village.\n(4) Halol Village.\n(5) Kalol Village.\n(6) Derol Village.\n(7) Vajalpore Village.\n(e) Surat District-\n(1) Surat Municipal Borough.\n(2) Bulsar Municipal District.\n(3) Rander Municipal District.\n(4) Jalapore Village.\n(5) Mandvi Village.\n(6) Pardi Village.\n(f) [* * *]\n(g) [* * *]\n(h) [* * *]\n(i) [* * *]\n(j) [* * *]\n(k) [* * *]\n(l) [* * *]\n(m) [* * *]\n(n) [* * *]\n(o) [* * *]\n(P) [* * *]\n(q) [* * *]\n[Schedule I-A]\n[See Section 2-A]\n[See Section 2-A]\nPart I\nAmendments of the Act in its Application to the Saurashtra Area of the State of Gujarat\nAmendments of the Act in its Application to the Saurashtra Area of the State of Gujarat\n1.\n\"(10) \"standard rent\" in relation to any premises means-\n(a) where the standard rent is fixed by any Court or authority authorised to do so by any law in force immediately before the 20th December, 1948 such rent; or\n(b) where the standard rent is not so fixed subject to the provisions of Section 11 -\n(i) the average rent for the month during the calender year, 1941 or during the period in the said year in which the premises were let, plus an amount not exceeding ten per cent, of the rent on the 1st day of January, 1943, or\n(ii) where they were not let on the 1st day of January, 1941, the rent, at which they were last let before that day, plus an amount not exceeding ten percent, of the rent on the 1st day of January, 1943; or\n(iii) where they were first let after the 1st day of January, 1941, the rent at which they were first let; or\n(iv) in any of the cases specified in Section 11, the rent fixed by the Court.\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "1",
            "title": "2. Section 1.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "1",
            "title": "3. In Section 1.",
            "chapter": null,
            "content": "Part II\nAmendments of the act in Its Application to the Kutch Area of the State of Gujarat\nAmendments of the act in Its Application to the Kutch Area of the State of Gujarat\n1.\n\"(10) \"standard rent\" in relation to any premises means:-\n(i) the rent at which the premises were let on the specified date; or\n(ii) where they were not let on the specified date the rent at which they were last let before that date; or\n(iii) where they were first let after the specified date, the rent at which they were first let; or\n(iv) the rent fixed by the Rent Controller under the Kutch Rent Restriction Order revived by Order No. J-3849, dated the 15th September, 1947; or\n(v) in any of the cases specified in Section 11, the rent fixed by the Court\".",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "1",
            "title": "2. Section 1.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "1",
            "title": "3. In Section 1.",
            "chapter": null,
            "content": "[Schedule II]\n( See Section 10-A)\n( See Section 10-A)\n[Schedule III]\n( See Section 10-A)\n( See Section 10-A)\n(a) [* * *]\n(b) [* * *]\n(c) Ahmedabad District-\n(1) Ahmedabad Municipal Borough.\n(2) Ahmedabad Cantonment.\n(d) [* * *]\n[Schedule IV]\n[ See Section 31-A (4)]\n[ See Section 31-A (4)]\nForm of Summons In A Case where Recovery of Possession of Premises is Prayed for on The Grounds Specified in Section 13-AA\nForm of Summons In A Case where Recovery of Possession of Premises is Prayed for on The Grounds Specified in Section 13-AA\n(Name, description and place of residence of the tenant)\nCompetent Authority",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        }
    ],
    "metadata": {
        "Act ID": "guj172",
        "Act Number": "(Bombay Act No. 57 of 1947)",
        "Enactment Date": "",
        "Act Year": "1947",
        "Short Title": "The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:55:19"
}