(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.
15[(1A) This Act shall not apply to—
(a) any premises constructed on or after the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Gujarat Second Amendment) Act, 2001 (hereinafter reffered to as "the amending Act");
(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 Sau. Act. XXII of
1951. Guj. LVII of
1963.
Guj. LVII of 1963.
Act to apply to Saurashtra and Kutch areas with certain modifications.
Commencement and duration.
Guj. LVII of 1963.
Guj. LVII of 1963.
Bom. I of 1904.
Exemptions.
Guj. 27 of 2001.
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 8 of 45 after such commencement;
for a period of ten years from the date of the commencement of the amending Act.
Explanation.-For the purposes of this section, "existing premises" means any premises which exists on the date of the commencement of the amending Act.]
(2) The 16[State] Government 17[may, by a notification in the Official Gazelle direct] that all or any of the provisions of this Act 18[shall not, subject to such conditions and terms, as it may specify, 19[apply,-
(a) generally-]] 20[(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 religious or charitable purpose;
21[ * * * * * *]
(iii) to premises held by a public trust for a religious or charitable purpose and administered by 22[a local authority;
or]] 23[(iv) to premises vested by or under the Charitable Endowments Act, 1890, in the Treasurer of Charitable Endowments for India or for any State; or] 24[(v) to premises constructed or purchased out of the Public Trusts Administration Fund established under section 57 of the Bombay Public Trusts Act, 1950 and vesting in the Charity Commissioner; or 25[(b) for special reasons to be recorded to any particular premises of the nature referred to in sub-clause (i), (ii) or (iii) of clause (a).]
26[Explanation.- For the purpose of this section "public trust" means a public trust registered or deemed to be registered under the Bombay Public Trusts Act, 1950 or a Wakf registered or deemed to be registered under the Muslim Wakfs Act, 1954.]
27[(3) The 16[State] Government may also by order direct that all or any of the provisions of Part III shall not apply to such hostel or institution or such class of hostels or institutions, subject to such terms and conditions, if any, as may be specified in the order.]
28[(4) (a) The expression "premises belonging to the Government or a local authority" in sub-section (1) shall, notwithstanding anything contained in the said sub-section or in any judgement, decree or order of a court, not include a building erected on any land held by any person from the Government or local authority under an agreement, lease or other grant, although having regard to the provisions of such agreement, lease or grant the building so erected may belong or continue to belong to the Government or the local authority, as the case may be; and
(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 29[whether before or after the commencement of the VI of 1890.
Bom. XXIX of
1950.
Bom. XXIX of
1950.
XXIX of 1954.
Bom Ord. No. III of
1959.
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 9 of 45 Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959.]] 30[4A. 31[(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 Loding House Rates Control (Second Amendment) Act, 1953, as the State Government may in its discretion determine:]
32[Provided that after the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Gujarat Extension and Amendment) Act, 1963, no such order shall be made so as to have retrospective effect.]
33[(2) If a local authority fails to comply with, or contravenes, any of the conditions or terms specified under sub-section (1) in respect of any premises belonging to that authority, the State Government may, by order, direct that the exemption of the premises of the local authority under sub-section (1) of section 4 shall cease to have effect from such date as may be specified in the order, and thereupon, the relevant provisions of this Act shall apply thereto as they apply to other premises :
Provided that, no such order shall be made, until the local authority has been given a reasonable opportunity of showing cause against the order to be made against it.]
5. 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 34[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 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;
(4) "legal representative" means a legal representative as defined in the Code of Civil Procedure, 1908, and includes also, in the case of joint family property, the joint family of which the deceased person was a member;
(5) "manager of a hotel" includes any person in charge of the management of a hotel;
(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;
(7) "permitted increase" means an increase in rent permitted under the provisions of this Act;
(8) "premises" means— Power of State Government to issue orders in respect of premises belonging to Local authority.
Bom LXI of 1953.
Guj. LVII of 1968.
Definitions.
V of 1908.
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 10 of 45
(a) any land not being used for agricultural purposes,
(b) any building or part of a building let separately (other than a farm building) including-
(i) the garden, grounds, garages and out-houses, if any.
appurtenant to such building or part of a building,
(ii) any furniture supplied by the landlord for use in such building or part of a building,
(iii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof, but does not include a room or other accommodation in a hotel or lodging house;
(9) "prescribe" means prescribed by rules and prescribed shall be construed accordingly;
35[(9A) "specified date" means-
(a) in relation to premises situated in the Bombay area of the State of Gujarat 36[ excluding the areas of the merged territories of the former State of Baroda] the first day of September, 1940;
(b) in relation to premises situated in the Saurashtra area of the State of Gujarat, the first day of January, 1941;
(c) in relation to premises situated in the Kutch area of the State of Gujarat, the tenth day of November, 1942];
(10) "standard rent" in relation to any premises means—
(a) where the standard rent is fixed by the Court and the Controller respectively under the Bombay Rent Restriction Act, 1939, or the Bombay Rents, Hotel Rates and Lodging House Rates (Control) Act, 1944, such standard rent; or
(b) where the standard rent is not so fixed; subject to the provisions of section 11
(i) the rent at which the premises were let on the first day of September, 1940, or
(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
(iii) where they were first let after the first day of September 1940, the rent at which they were first let, or
(iv) in any of the cases specified in section 11, the rent fixed by the Court;
(11) "tenant" means any person by whom or on whose account rent is payable for any premises and includes-
(a) such sub-tenants and other persons as have derived title under a tenant 37[before the commencement of the Bombay Rents. Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959];
Bom. XVI of 1939.
Bom. VII of 1944.
Bom. Ord. No. III of 1959.
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 11 of 45 38[(aa) any person to whom interest in premises has been transferred under the proviso to 39[sub-section (1) of ]section 15;]
(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 predeccessor who has derived title 37[before the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance. 1959;]
40[(c) (i) in relation to premises let for residence, any member of the tenants’ 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
(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;]
41[(12) "tenement" means a room or group of rooms rented or offered for rent as a unit.]
PART II.
Residential and other premises.