(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 permises or special alterations made therein of additional amenities provided for the premises or on account of improvements or structural alterations made under section 9 :
Provided that the incereases 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, Hotel and Lodging House Rates Control (Second Amendment) Act, 1953, be in substitution of the reasonable incerease permitted under that section, notwithstanding anything contained therein.
(2) Before making any increase under sub-section (1), the landlord shall obtain a certificate from the local authority that he was required by it to make or to provide such repairs, additions, alterations, improvements or amenities and has completed them in confornity with its requirements or shall obtain the consent in writing of the tenant or of majority of tenants occupying the premises in the building.
(3) Any increase under sub-section (1) shall not be deemed to be an increase Increase in rent of premises used for Cinema in Saurashtra and Kutch areas and former Baroda State territories.
Increase in rent on account of repairs excepted.
Bom. LXI of 1953.
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 15 of 45 for the purposes of section 7.
(4) If a landlord, when required by a local authority to execute the work of any such repairs, additions, improvements, alterations, or amenities, fails to do so the tenant or the tenants interested in such work may seek the approval of the local authority for executing such work. The local authority shall grant the approval unless other measures are taken by it to execute the said work.
While granting the approval, the local authority shall specify the nature of the work and the estimated cost thereof which shall for all purposes be binding on the landlord. Upon such approval being granted, the tenants shall be entited to execute the said work and to deduct the amount of the expenses thereof from the rent which from time to time becomes due by them to the landlord or otherwise recover such amount from him :
Provided that where such work is jointly executed by the tenants the amount to be deducted or recovered by each tenant shall bear the same propertion as the rent payable by him in respect of his premises bears to the total amount of the expenses incurred for such work :
Provided further that the total amount so deducted or recoverable shall not exceed the estimated cost specified by the local authority.
(5) In respect of any work executed by the tenants under sub-section (4) the landlord shall not be entitled to make the increase permitted under sub-section
(1).
Explanation.-For the purposes of this section, the expression "local authority" shall include the Municipal Commissioner.]