(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.
Bom. Ord. No. III of 1959.
Application.
Bom. XVI of 1939.
Bom. VII of 1944.
Rent in excess of standard rent illegal.
Cases where rent to be deemed and not to be deemed to be increased.
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 12 of 45
(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.
9. 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.
10. 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 entiled to make an increase in the rent of the premises by an amount not exceeding the increases paid by him 50[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 Act 51[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.
52[ 10A. Not withstanding anything contained in section 10,-
(1) 53[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, or the Bombay District Municipal Act, 1901 or the Cantonments Act, 1924 or the Bombay Village Panchayats Act, 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 54[* * *] in any of the areas specified in the said Schedule 55[* * *] 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 or tax;
56[* * * * * * * * *]
(3) The 57[State] Government may by notification publised in the Official Gazette direct that in any area other than 58[* * *] 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;]
59[(4) if the general tax levied under section 129 of the Bombay Provincial Municipal Corporations Act, 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.]