This Act may be called the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

(1) Parts I and IV of this Act shall extend to the 4[Bombay area of the State of Maharashtra.]

(2) Parts II and 5[II-A shall extend to the areas specified in Schedule I and Part III shall extend to the areas specified in Schedule II] 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) The 6[State] Government may, by notification in the Official Gazette, extend to any other area, any or all of the provisions of Part II 7[, Part II-A or Part III or all of them].

(4) The 8[State] Government may, at any time by like notification, direct that any or all the provisions of Part II or 9[Part II-A or Part III or all of them], as the case may be, shall cease to extend to such area and on such date as may be specified in the notification; and on that date the said provisions shall cease to be in force in such area.

(1) This Act shall come into operation on such date as the 10[State] Government, may, by no notification in the Official Gazette, appoint in this behalf.

11[(2) It shall remain in force upto and inclusive of the 31st day of March 12[2000] and shall then expire.]

13[* * *]

(3) Section 7 of the Bombay General Clauses Act, 1904 (Bom. 1 of 1904), shall apply upon the expiry of this Act or upon this Act or any provision thereof of ceasing to be in force in any area, as if it had then been repealed by a 14[Maharashtra Act.]

(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, 15[licence], or other like relationship created by a grant from 16[or a licence given by] the Government in respect of premises 17[requisitioned or taken on lease 18[or in licence] by the Government, including any premises taken on behalf of the Government on the basis of tenancy 19[or of licence] or other like relationship by, or in the name of any officer subordinate to the Government authorised in this behalf;] but it shall apply in respect of 20[premises let, or given on licence, to] the Government or a local authority 21[or taken on behalf of the Government on such basis by, or in the name of, such officer.]

22[(1-A) On and from such date as the State Government may, by notification in the Official Gazette, appoint, in the areas to which provisions of Part II apply under Section 6 to premises let or given on licence for any of the purposes referred to in that section, the provisions relating to standard rent and permitted increases shall, notwithstanding anything contained in this Act, not apply for a period of five years to any premises the construction or reconstruction of which is completed on or after such date:

Provided that, nothing in this sub-section shall apply:

(a) to premises referred to in Sections 17-B and 17-C;

(b) to premises which are constructed or reconstructed in any housing scheme undertaken by Government or the Maharashtra Housing and Area Development Authority or of any of its Boards established under Section 18 of the Maharashtra Housing and Area Development Act, 1976 or in any housing scheme undertaken by any person in pursuance of any exemption or sanction granted by the State Government under the provisions of Section 20 or 21 of the Urban Land (Ceiling and Regulation) Act, 1976, for sale thereof to persons belonging to economically weaker sections of the people and to whom such premises are sold.

Explanation. For the purposes of this sub-section,

(a) the period of five years shall be computed from the date on which the completion certificate in respect of such premises is issued or if the premises are occupied without obtaining completion certificate, then the date from which such premises are assessed for the first time, whichever is earlier;

(b) the expression person belonging to economically weaker sections of the people means a person whose total monthly household income from all sources is less than rupees seven hundred per month.]

(2) The 23[State] Government may direct that all or any of the provisions of this Act 24[shall not subject to such conditions and terms, as it may specify, apply generally,]

25[(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 and 26[let or given on licence, at a nominal or concessional rent or licence fee or charge];

(iii) to premises held by a public trust for a religious or charitable purpose and administered by a local authority.]

27[(3) The 28[State] Government may also by order direct that all or any of the provisions of Part III shall not apply to such hostel or institutions or such class of hostels or institutions subject to such terms and conditions, if any, as may be specified in the order.]

29[(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 judgment, decree or order of a court, not include a building erected on any land held by any person form the Government or a local authority under an agreement, lease, 30[licence] or other grant, although having regard to the provisions of such agreement, lease, 31[licence] 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 32[, whether before or after the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959 (Bom. Ordinance 3 of 1959).]

33[4-A. Power of State Government to issue orders in respect of premises belonging to local authority. Notwithstanding anything contained in this Act, the State Government may from time to time by a general or special order direct that the 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. 61 of 1953), as the State Government may in its discretion determine.]

In this Act unless there is anything repugnant to the subject or context,

34[(A-1) Competent Authority means the Competent Authority appointed under Section 31-B;]

(1) fair rate means the rate fixed under Section 33 and includes the rates as revised under Section 34;

35[(1-A) Government allottee ,

(a) in relation to any premises requisitioned or continued under requisition which are allotted by the State Government for any non-residential purpose to any department or office of the State Government or Central Government or any public sector undertaking or corporation owned or controlled fully or partly by the State Government or any co-operative society registered under the Maharashtra Co-operative Societies Act, 1960 or any foreign consulate, by whatever name called, and on the date of coming into force of the Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996, are allowed by the State Government to remain in their occupation and possession, means the principal officer-in-charge of such office or department or public sector undertaking or corporation or society or consulate; and

(b) in relation to any premises requisitioned or continued under requisition which are allotted by the State Government for residential purpose to any person and on the date of coming into force of the Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996, such person or his legal heir is allowed by the State Government to remain in occupation or possession of such premises for his or such legal heir's own residence, means such person or legal heir;]

(2) Hotel or lodging house means a building or a part of a building where lodging with or without board or other service is 36[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; 37[and also includes in respect of a licence deemed to be a tenant by Section 15-A, the licensor who has given such licence 38[and in respect of the State Government, or as the case may be, the Government allottee referred to in sub-clause (b) of clause (1-A), deemed to be a tenant by Section 15-B, the person who was entitled to receive the rent if the premises were let to a tenant immediately before the coming into force of the Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996];]

(4) legal representative means a legal representative as defined in the Code of Civil Procedure, 1908 (5 of 1908), and includes also, in the case of joint family property the joint family of which the deceased person was a member;

39[(4-A) licensee , in respect of any premises or any part thereof, means the person who is in occupation of the premises or such part, as the case may be, under a subsisting agreement for licence given for a licence fee or charge; and includes any person in such occupation of any premises or part thereof in a building vesting in or leased to a co-operative housing society registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1960 (Mah. 24 of 1961); but does not include a paying guest, a member of a family residing together, a person in the service or employment of the licensor, or a person conducting a running business belonging to the licensor, 40[or a person having any accommodation for rendering or carrying on medical or para-medical services or activities in or near a nursing home, hospital or sanatorium,] or a person having any accommodation in a hotel, lodging house, hostel, guest house, club, nursing home, hospital, sanatorium, dharmashala, home for widows, orphans or like premises, marriage or public hall or like premises, or in a place of amusement or entertainment or like institution, or in any premises belonging to or held by an employee or his spouse who on account of the exigencies of service or provision of a residence attached to his or her post or office is temporarily not occupying the premises, provided that he or she charges licence fee or charge for such premises of the employee or spouse not exceeding the standard rent and permitted increases for such premises, and any additional sum for services supplied with such premises, or a person having accommodation in any premises or part thereof for conducting a canteen, creche, dispensary or other services as amenities by any undertaking or institution; and the expressions licence , licensor and premises given on licence shall be construed accordingly;]

(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;

41[(6-A) paying guest means a person, not being a member of the family, who is given a part of the premises, in which the licensor resides, on licence;]

(7) permitted increase means an increase in rent permitted under the provisions of this Act;

(8) premises means

(a) any land not being used for agricultural purposes,

(b) any building or part of a 42[building let or given on licence 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;

43[(8-A) premises let or given on licence for business includes, and shall be deemed always to have included, premises let or given on licence for the purpose of practising any profession or carrying on any occupation therein;]

44[(8-B) premises requisitioned or continued under requisition means the premises requisitioned or continued under requisition under the Bombay Land Requisition Act, 1948:].

(9) prescribed means prescribed by rules and prescribed shall be construed accordingly;

(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 (Bom. 16 of 1939), or the Bombay Rents, Hotel Rates and Lodging House Rates (Control) Act, 1944 (Bom. 2 of 1944), such standard rent; or

(b) when 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

45[(iii-a) notwithstanding anything contained in paragraph (iii), the rent of the premises referred to in sub-section (1-A) of Section 4 shall, on expiry of the period of five years mentioned in that sub-section, not exceed the amount equivalent to the amount of net return of fifteen per cent, on the investment in the land and building and all the outgoings in respect of such premises; 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 46[before the 1st day of February, 1973;]

47[(aa) any person to whom interest in premises has been assigned or transferred as permitted or deemed to be permitted, under 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 predecessor who has derived title 48[before the first day of February, 1973;]

49(bb) such licensees as are deemed to be tenants for the purposes of this Act by Section 15-A];

50[(bba) the State Government, or as the case may be, the Government allottee, referred to in sub-clause (b) of clause (1-A), deemed to be a tenant, for the purposes of this Act by Section 15-B;]

51*[(c) (i) in relation to any premises let for residence, when the tenant dies, whether the death has occurred before or after the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1978 (Mah. 22 of 1978), any member of the tenant's family residing with the tenant at the time of his death, or, in the absence of such member, any heir of the deceased tenant, as may be decided in default of agreement by the Court;

(ii) in relation to any premises let for the purposes of education, business, trade or storage, when the tenant dies, whether the death has occurred before or after the commencement of the said Act, any member of the tenant's family using the premises for the purposes of education or carrying on business, trade or storage in the premises, with the tenant at the time of his death, or, in the absence of such member, any heir of the deceased tenant, as may be decided in default of agreement by the Court.

Explanation. The provisions of this clause for transmission of tenancy shall not be restricted to the death of the original tenant, but shall apply, and shall be deemed always to have applied, even on the death of any subsequent tenant, who becomes tenant under these provisions on the death of the last preceding tenant.]

52[(12) tenement means a room or group of rooms rented or offered for rent as a unit.]

RESIDENTIAL AND OTHER PREMISES

(1) In areas specified in Schedule I, this Part shall apply to premises let 53[or given on licence] for residence, education, business, trade 54[or] storage 55[* * *]

56[Provided that 57[State] Government may, by notification in the Official Gazette, direct that in any of the said areas, this Part shall cease to apply to premises let 58[or given on licence] for any of the said purposes];

59[Provided further that the State Government may by like notification direct that in any of the said areas this Part shall re-apply to premises let 60[or given on 61[licence] for such of the aforesaid purposes as may be specified in the notification.]

62[(1-A) The 63[State] Government may, by notification in the Official Gazette, direct that in any of the said areas this Part shall apply to premises let 64[or given on licence] for any other purposes.]

(2) In areas to which this Part is extended under sub-section (3) of Section 2, it shall apply to premises let 65[or given on licence] for such of the purposes referred to 66[in sub-section (1) or notified under sub-section (1-A)] or let for such standard rent as the 67[State] Government may, by notification in the Official Gazette, specify.

68[(3) On and from the date of commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1973 (Mah. 17 of 1973), the provisions of this Part made applicable by or under the said Act to premises given on licence for any purpose in any area, shall apply thereto as they apply to premises let for that purpose in such area, immediately before such commencement.]

69[(4) Notwithstanding anything contained in the foregoing provisions of this section, or any other provisions of this Act, the application of Part II to premises given by a landlord referred to in Section 13A-2 on or after the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1986, on licence for residence shall be subject to the provisions of Section 13A-2 and of Part II-A].

7. Rent 70[or licence fee or charge] in excess of standard rent illegal. 71[(1)] Except where the rent is liable to periodical increment by virtue of an agreement entered into before the first day of September, 1940, 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. 16 of 1939), or the Bombay Rents, Hotel Rates and Lodging House Rates (Control) Act, 1944 (Bom. 7 of 1944) or is entitled to recover such increase under the provisions of this Act 72[either before or after the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1986].

73[(2) (a) No person shall claim or receive on account of any licence fee or charge for any premises or any part thereof, anything in excess of the standard rent and permitted increases (or, as the case may be, a proportionate part thereto), for such premises if they had been let, and such additional sum as is reasonable consideration for any amenities or other services supplied with the premises.

(b) All the provisions of this Act in respect of the standard rent and permitted increases in relation to any premises let, or if let, to a tenant, shall mutatis mutandis apply in respect of any licence fee or charge and permitted increases in relation to the premises given on licence; and accordingly, the licensee or licensor may apply to the Court for the fixation of the licence fee or charge and permitted increases and the additional sum mentioned above].

74[7-A. Increase in rent. On the date of the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Extension of Duration and Amendment) Act, 1998, a landlord shall be entitled to make an increase of 5 per cent. in the rent of the premises let before the first day of October, 1987.]

8. Cases where 75[rent or licence fee or charge] to be deemed and not to be deemed to be increased. (1) Where, as the result of any alteration of the terms of the tenancy 76[or of the agreement for licence], the terms on which any premises are held are on the whole less favourable to the tenant 77[or to the licensee] than the previous terms the rent 78[or licence fee or charge] shall be deemed to be increased for the purposes of this Part whether the sum payable as rent 79[or licence fee or charge] is increase] or not.

(2) Where, as the result of any alteration of the terms of the tenancy 80[or of the agreement for licence], the terms on which any premises are held are not on the whole less favourable to the tenant 81[or to the licensee] than the previous terms, the rent 82[or licence fee or charge] shall not be deemed to be increased for the purposes of this Part whether the sum payable as rent 83[or licence fee or charge] is increased or not.

84[(1) A landlord shall be entitled to make such increase in the rent of the premises as may be reasonable for an improvement or structural alterations of the premises which has been made with the consent of the tenant given in writing.

Explanation. In this sub-section improvements and alterations do not include the repairs which the landlord is bound to make under sub-section (1) of Section 23.

(2)(a) Notwithstanding anything contained in sub-section (1), but subject to the provisions of clauses (b) and (d), 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 of not exceeding fifteen per cent. per annum of the expenses incurred on account of special additions to premises of special alterations made therein or additional amenities provided for the premises or on account of improvements or structural alterations made under sub-section (1):

Provided that, the increase permitted by this clause shall not, in respect of improvements or structural alterations, be in addition to the increase already made under Section 9 as in force immediately before the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1986 and shall after such commencement, be in substitution of the reasonable increase permitted under sub-section (1), notwithstanding anything contained therein.

Explanation. For the purposes of this clause, the expression expenses incurred in relation to the execution of any work specified therein, means the total cost incurred therefor as certified by the local authority or an architect from a panel of architects notified by the State Government for the purposes of this Act.

(b) Before making any increase under clause (a), the landlord shall obtain a certificate from the local authority that he was required by it to make or to provide such additions, alterations, improvements or amenities and has completed them in conformity with its requirements.

(c) If a landlord, when required by a local authority to execute the work of any such additions, improvements, alterations or amentities, 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. Upon such approval being granted, the tenants shall be entitled to execute the said work and the expenses incurred for such work shall for all purposes be binding on the landlord. The tenants shall also be entitled to deduct amount of expenses incurred for such work 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 proportion 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 amount of expenses incurred for such work.

Explanation. For the purposes of this sub-section:

(a) the expression local authority includes,

(i) in the case of any Municipal Corporation, the Municipal Commissioner or any officer of the Municipal Corporation authorised by him in this behalf'; and

(ii) in the case of any Municipal Council, the Chief Officer of the Council;

(b) the expression expenses incurred for such work means the total cost as certified by the local authority or an architect from the panel of architects notified by the State Government for the purposes of this Act, together with simple interest at ten per cent per annum on such amount calculated from the date of completion of such work till the date of deduction or recovery thereof.

(d) in respect of any work executed by the tenants under clause (c) and where the total amount of the expenses incurred for such work is deducted or recovered by the tenant or tenants, as the case may be, in accordance with the provisions thereto the landlord shall be entitled to make the increase permitted under clause (a); and such increase of rent shall be payable from the month following the month in which such total amount is so deducted or recovered.

(3)(a) The landlord shall also be further entitled to make, on account of special or heavy repairs made in accordance with the provisions of this sub-section, a temporary increase in the rent of premises by an addition to the rent, in the manner prescribed at a rate not exceeding eighteen per cent of the standard rent; and the increase of rent shall be payable from the date of completion of the repairs till the amount of the expenditure for such repairs together with simple interest at ten per cent, per annum on such amount is recovered from the tenant.

(b) Before making any increase under clause (a), the landlord shall obtain, in the prescribed manner and in the prescribed form, a declaration from the prescribed authority or a certificate from an architect from a panel of architects notified by the State Government for the purposes of this Act, asserting that it is necessary to undertake such repairs and specifying the nature and extent of repairs required and the estimated cost therefor, and after such repairs are carried out, the landlord shall also obtain, in the prescribed manner and in the prescribed form, a certificate from such prescribed authority or such architect confirming that the repairs were carried out in accordance with the declaration, or as the case may be, the certificate aforesaid and fixing the date of completion of the repairs and the actual expenses therefor.

(c) The increase in rent under clause (a) shall be recoverable from all tenants occupying premises in the building on the basis of the actual expenses incurred as specified in a certificate from the local authority or the architect as aforesaid, and the amount to be recovered from each tenant shall bear the same proportion as the rent payable by him in respect of his premises bears to the total amount of actual expenses together with interest as aforesaid.]

85[(1) On and after the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1986, where a landlord is required to pay to Government or to any local authority or statutory authority, in respect of any premises any fresh rate, cess, charges, tax, land assessment, ground rent of land or any other levy on lands and buildings, or increase in rate, cess, charges, tax, land assessment, ground rent of land or any other levy on lands and buildings, he shall, notwithstanding anything contained in any other provisions of this Act but save as otherwise expressly provided in any other law for the time being in force, be entitled to make an increase in the rent of such premises.

Provided that, the increase in rent shall not exceed the amount of any such rate, cess, charges, tax, land assessment, ground rent of land or any other levy on lands and buildings, as the case may be.

(2) Where the rent is inclusive of charges for electricity and water and the landlord is required to pay any increase in these charges in respect of any premises, he shall be entitled to make an increase in the rent of such premises by an amount not exceeding the additional amount payable by him in respect of such premises on account of such increase.

(3) The amount of the increase in rent recoverable from each tenant under sub-sections (1) and (2) shall bear the same proportion as the rent payable by him in respect of his premises bears to the total amount of any such rate, cess, charges, tax, land assessment, ground rent of land or any other levy on lands and buildings, or increase in electricity or water charges, as the case may be.]

86[10-A. Increase in rent on account of payment of increased rates, etc., after 31st March, 1949 not permitted in certain areas. 87[* * *]

88[10-AA. Increase in rent on account of payment of increased rates, etc., permitted after certain date in certain areas. 89[* * *]

90[10-AAA. When rent due to payment of increased rates, etc., to be increased. 91[* * *]

92[93[10-A]. 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:

96[* * *]

97[* * *]

Explanation. For the purposes of sub-section (1), the expression Premises shall have the same meaning as is assigned to it in sub-clause (b) of clause (8) of Section 5.]

98[10-B.99 Proportional recovery of riot tax after certain date permitted. 100[* * *]

101[10-B. Certain increases in rent not deemed to be an increase for purposes of Section 7. Any increase of rent under any of the foregoing provisions of this Act, shall not be deemed to be an increase for the purposes of Section 7.]

(1) 102[Subject to the provisions of Section 11-A in any of the following cases the Court may, upon an application made to it for that purpose, or in any suit or proceedings, fix the standard rent at such amount as, having regard to the provisions of this Act and the circumstances of the case, the Court deems just

(a) where any premises are first let after the first day of September, 1940, and the rent at which they are so let is in the opinion of the Court excessive; or

(b) where the Court is satisfied that there is not sufficient evidence to ascertain the rent at which the premises were let in any one of the cases mentioned in 103[in paragraph (i) to (iii) of sub-clause (b) of clause (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 reason, any difficulty arises in giving effect to this Part; or

(d) where any premises have been or are let rent-free or at a nominal rent or for some consideration in addition to rent; or

104[(d-1) without prejudice to the provisions of sub-section (1-A) of Section 4 and paragraph (iii-a) of sub-clause (b) of clause (10) of Section 5, where the Court is satisfied that the rent in respect of the premises referred to therein exceeds the limit of standard rent laid down in the said paragraph (iii-a); or]

(e) where there is any dispute between the landlord and the tenant regarding the amount of standard rent.

(2) If there is any dispute between the landlord and the tenant regarding the amount of permitted increases the Court may determine such amount.

105[(3) If any application for fixing the standard rent or for determining the permitted increases is made by a tenant who has received a notice from his landlord under sub-section (2) of Section 12, the Court shall forthwith specify the amount of rent or permitted increases which are to be deposited in Court by the tenant, and make an order directing the tenant to deposit such amount in Court or at the option of the tenant make an order to pay to the landlord such amount thereof as the Court may specify, pending the final decision of the application. A copy of the order shall be served upon the landlord. Out of any amount deposited in Court, the Court may make an order for payment of such reasonable sum to the landlords towards payment of rent or increases due to him as it thinks fit. If the tenant fails to deposit such amount or, as the case may be, to pay such amount thereof to the landlord, his application shall be dismissed.

(4) Where at any stage of a suit for recovery of rent, whether with or without a claim for possession of the premises, the Court is satisfied that the tenant is withholding the rent on the ground that the rent is excessive and standard rent should be fixed, the Court shall, and in any other case if it appears to the Court that is it just and proper to make such an order the Court may make an order directing the tenant to deposit in Court forthwith such amount of the rent as the Court considers to be reasonably due to the landlord, or at the option of the tenant an order directing him to pay to the landlord such amount thereof as the Court may specify. The court may further make an order directing the tenant to deposit in Court periodically, such amount as it considers proper as interim standard rent or at the option of the tenant an order to pay to the landlord such amount thereof as the Court may specify, during the pendency of the suit. The Court may also direct that if the tenant fails to comply with any order made as aforesaid, within such time as may be allowed by it, he shall not be entitled to appear in or defend the suit except with leave of the Court, which leave may be granted subject to such terms and conditions as the Court may specify.

(5) No appeal shall lie from any order of the Court under sub-section (3) or (4).

(6) An application under this section may be made jointly by all or any of the tenants interested in respect of the premises situated in the same building].

106[11-A. No new application for standard rent etc. to be entertained if already duly fixed by a competent Court at the instance of other parties. No Court shall upon an application or in any suit proceeding fix the standard rent or any premises under Section 11, or entertain any plea that the rent or increase are excessive, if the standard rent of the permitted increases, in respect of the same premises have been duly fixed by a competent Court on the merits of the case, without any fraud or collusion or an error of the facts, and there has been no structural alterations or change in the amenities or in respect of any other factors which are relevant to the fixation of the standard rent, or change in such increases thereafter in the premises.]

(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.

(2) No suit for recovery of possession shall be instituted by a landlord against tenant on the ground of non-payment of the standard rent or permitted increases due, until the expiration of one month next after notice in writing of the demand of the standard rent or permitted increases has been served upon the tenant in the manner provided in Section 106 of the Transfer of Property Act, 1882 (5 of 1882).

107[(3) No decree for eviction shall be passed by the Court in any suit for recovery of possession on the ground of arrears of standard rent and permitted increases 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 together with simple interest on the amount of arrears of such standard rent and permitted increases at the rate of nine per cent. per annum; and thereafter continues to pay or tenders in Court regularly such standard rent and permitted increases till the suit is finally decided and also pays cost of the suit as directed by the Court.

Provided that, the relief provided under this sub-section shall not be available to a tenant to whom relief against forfeiture was given in any two suits previously instituted by the landlord against such tenant.]

108[(4) Pending the disposal of any such suit, the Court may out of any amount paid or tendered by the tenant pay to the landlord such amount towards payment of rent or permitted increases due to him as the Court thinks fit.]

Explanation109[I]. In any case where there is a dispute as to the amount of standard rent or permitted increases recoverable under this Act the tenant shall be deemed to be ready and willing to pay such amount if, before the expiry of the period of one month after notice referred to in sub-section (2), he makes an application to the Court under sub-section (3) of Section 11 and thereafter pays or tenders the amount of rent or permitted increases specified in the order made by the Court.

110[Explanation II. For the purpose of sub-section (2), reference to standard rent and permitted increase shall include reference to interim standard rent and interim permitted increase specified under sub-section (3) or (4) of Section 11.]

111[Explanation III. For the purposes of this section where, a tenant has deducted any amount from the rent due to the landlord under Section 173-C of the Bombay Municipal Corporation Act (Bom. 3 of 1888) for recovery of any water tax or charges paid by him to the Commissioner, the tenant shall be deemed to have paid the rent to the extent of deductions so made by him.]

(1) Notwithstanding anything contained in this Act 112[but subject to 113[the provisions of Sections 15 and 15-A]], 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 provision of clause (a) of Section 108 of the Transfer of Property Act, 1882 (4 of 1882); or

(b) that the tenant has, without the landlord's consent given in writing, erected on the premises any permanent structure; 114[* * *]

115[Explanation. For the purposes of this clause, the expression permanent structure does not include the carrying out of any work with the permission, wherever necessary, of the local authority, for providing a wooden partition, standing cooking platform in kitchen, door, lattice work or opening of a window necessary for ventilation, a false ceiling, installation of air-conditioner, an exhaust outlet or a smoke chimney; 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 116[for immoral or illegal purposes; or that the tenant has in respect of the premises been convicted of an offence of contravention of any provision of clause (a) of sub-section (1) of Section 394 or of Section 394-A of the Bombay Municipal Corporation Act (Bom. 3 of 1888); or]

(d) that the tenant has given notice to quit and in consequence of that notice the landlord has contracted to sell or 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

(e) that the tenant has, since the coming into operation of this Act, 117[unlawfully sublet] 118[, or after the date of commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1973 (Mah. 17 of 1973), unlawfully given on licence, the whole or part of the premises or assigned or transferred in any other manner] his interest therein; or

(f) that the premises were let to the tenant for use as a residence by reasons 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

(g) that the premises are reasonably and bona fide required by the landlord for occupation by himself or by any person for whose benefit the premises are held 119[or where the landlord is a trustee of a public charitable trust that the premises are required for occupation for the purposes of the trust; or]

(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

120[(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]

121[Explanation. For the purposes of this clause, premises shall not be deemed to consist of more than two floors by reason that on the terrace of a building there are one or more of the following structures that is to say, tower-rooms, sitting-out-rooms, ornamental structures, architectural features, landings, attics or one or more rooms of whatsoever description (such room or rooms, being in the aggregate of an area of not more than one-sixth of the total area of the terrace).]

122[(hhh) that the premises are required for the immediate purpose of demolition ordered by any local authority or other competent authority; or]

(i) that where the premises are land, such land is reasonably and bona fide required by the landlord for the erection of a new 123[* * *] building; or

124[(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;]

(j) that the rent charged by the tenant for the premises or any part thereof which are sub-let 125[before the 1st day of February, 1973] 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

(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.

(2) No decree for eviction shall be passed on the ground specified in clause (g) of sub-section (1) if the Court is satisfied that, having regard to all the circumstances of the case including the question whether other reasonable accommodation is available for the landlord or the tenant, greater hardship would be caused by passing the decree than by refusing to pass it.

Where the Court is satisfied that no hardship would be caused either to the tenant or to the landlord by passing the decree in respect of a part of the premises, the Court shall pass the decree in respect of such part only.

Explanation. For the purposes of clause (g) of sub-section (1),

126[* * *]

(b) the expression landlord shall not include a rent-farmer or rent-collector or estate-manager;

127[* * *]

128[(2-A) A landlord shall not be entitled to recover possession of any premises under the provisions of clause (g) of sub-section (1), if the premises are let to the Central Government in a cantonment area, and such premises are being used for residence by members of the armed forces of the Union, or their families.]

(3) The Court may pass the decree on the ground specified in clause (h) or (i) of sub-section (1) only in respect of a part of the premises which in its opinion it is necessary to vacate for carrying out the work of repairs or erection.

129[(3-A) No decree for eviction shall be passed on the ground specified in clause (hh) of sub-section (1), unless the landlord produces at the time of the institution of the suit a certificate granted by the Tribunal under sub-section (3-B) and gives an undertaking,

(a) that the new building to be erected by him shall 130[subject to the provisions of any rules, by-laws or regulations made by a local authority], contain not less than 131[two] times the number of residential tenements, and not less than 132[two] times the floor area, contained in the premises sought to be demolished;

(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

(c) that the work of erection of the new building shall be completed by him not later than fifteen months from the said date:

133[Provided that, where the Court is satisfied that the work of demolishing the premises could not be commenced or completed, or the work of erection, of the new buildings could not be completed, within time for reasons beyond the control of the landlord, the Court may by order for reasons to be recorded extend the periods by such further periods, not exceeding three months at a time as may, from time to time, be specified by it, so however that the extended period shall in each case not exceed months in the aggregate.]

(3-B) (a) For the purposes of sub-section (3-A), the State Government may from time to time constitute a Tribunal consisting of such persons and for such local area as it thinks fit.

(b) The Tribunal constituted under clause (a) may grant a certificate after being satisfied that

(i) the plans and estimates for the new building have been properly prepared;134[* * *]

(iii) the necessary funds for the purpose of the erection of the new building are available with the landlord; and

(iv) such other conditions as the State Government may by general or special order specify, have been satisfied.

(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.]

(4) For the purposes of clause (j) of sub-section (1) the standard rent or permitted increases in respect of the part sub-let shall be the amounts bearing such proportion to the standard rent or permitted increases in respect of the premises as may be reasonable having regard to the extent of the part sub-let and other relevant considerations.

135[(5) Notwithstanding anything contained in this Act, where the premises let to any person included,

(i) the terrace or part thereof, or

(ii) any one or more of the following structures that is to say, tower-rooms, sitting-out-rooms, ornamental structures, architectural features, landing, attics on the terrace of a building, or one or more rooms of whatsoever description on such terrace (such room or rooms being in the aggregate of an area not more than one-sixth of the total area of the terrace), or

(iii) the terrace or part thereof and any such structures,

and the Court is satisfied that the terrace or structures or terrace including structures as aforesaid, are required by the landlord for the purpose of demolition and erection or raising of a floor or floors on such terrace, the landlord shall be entitled to recover possession of the terrace including such tower-rooms, sitting-out-rooms, ornamental structures, architectural features, landings, attics or rooms. The Court may make such reduction (if any) in the rent as it may deem just.]

136[13-A. Landlord entitled to recover possession of terrace and structures for raising floor or floors. (1) Notwithstanding anything contained in this Act, a landlord shall be entitled to recover possession of any premises, if the Court is satisfied that the premises let consist of a tenement or tenements on the terrace of a building such tenement or tenements being not more than two-fifths of the total area of the terrace, and that the premises or any part thereof are required by the landlord for the purpose of the demolition thereof and erection or raising of a floor or floors on such terrace.

Explanation. If the premises let include the terrace or part thereof, or garages, servants' quarters or out-houses (which are not on the terrace), or all or any one or more of them, this section shall nevertheless apply.

(2) No decree shall be passed on the ground specified aforesaid, unless the landlord produces at the time of the institution of the suit a certificate granted by the tribunal under sub-section (3-B) of Section 13, and gives an undertaking

(a) that the new floor or floors to be erected or raised shall subject to the provisions of any rules, by 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 tenement or tenements sought to be demolished;

(b) that the work of demolition shall be commented by him not later than one month, and shall be completed not letter (sic later) than three months, from the date he recovers possession of the entire premises; and

(c) that the work of erection of the new floor or floors shall be completed not later than twelve months from the said date:

Provided that, where the Court is satisfied that the work of demolishing the premises could not be commenced or completed, or the work of erection of the new floor or floors could not be completed, within time for reasons beyond the control of the landlord, the Court may by order for reasons to be recorded, extend the period by such further periods, not exceeding three months at a time as may, from time to time, be specified by it, so however that the extended period shall in each case not exceed twelve months in the aggregate.

(3) Where a decree for eviction has been passed by the Court on the ground aforementioned, the provisions of Sections 17-A, 17-B and 17-C shall mutatis mutandis apply to the erection or raising of the floor or floors, as they apply to the ground of eviction specified in clause (hh) of sub-section (1) of Section 13.

(4) In the application of sub-section (3-B) of Section 13 of the provisions aforesaid, in that sub-section, in clause (b) thereof,

(a) in paragraph (ii), for the words the new building the words the new floor or floors shall be substituted;

(b) in paragraph (iii), for the words of the erection of the new building the words of the erection or raising of the new floor or floors shall be substituted].

137[13-A1. Members of armed forces of the Union, scientists or their successor-in-interest entitled to recover possession of premises required for their occupation. (1) Notwithstanding anything to the contrary contained in this Act or any contract,

(A) a landlord, who,

(i) is a member of armed forces of the Union, or was such a member and has retired as such (which term shall include premature retirement), or

(ii) holds a scientific post in the Department of Automic (sic Atomic) Energy of the Central Government or in any of its aided institutions (hereinafter in this section referred to as a scientist ) or was such a scientist and has retired as such (which term shall include premature retirement) and one year has not elapsed since his retirement on the date of making of the application.

shall be entitled to recover from his tenant the possession of any premises owned by him on the ground that such premises are bona fide required by him for occupation by himself or by any member of his family, by making an application for the purpose of recovery of possession of the premises, to the Competent Authority; and the Competent Authority shall make an order of eviction on that ground if,

(a) in the case of a landlord who is a member of the armed forces of the Union, he produces a certificate signed by the authorised officer to the effect that,

(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

(ii) he does not possess any other premises suitable for residence in the local area where the premises are situated; or

(b) in the case of a landlord who is scientists, he produces a certificate signed by an officer of the Department of Atomic Energy of, or above, the rank of Deputy Secretary to Government to the effect that

(i) he is presently holding a scientific post in the Department of Atomic Energy or in any of its aided institutions specified in the certificate or he was holding such post and has now retired with effect from the date specified in the certificate;

(ii) he does not possess any other suitable residence (excluding any residential accommodation provided by Government) in the local area where the premises are situated.

(B) A successor-in-interest who becomes the landlord of the premises owned by any landlord referred to in clause (A), as a result of death of such a landlord while in service or where he is member of the armed forces of the Union, within five years of his retirement, or where he is a scientists, within one year 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 landlord by making an application for the purpose of recovery of possession of the premises, to the Competent Authority; and the Competent Authority shall make an order of eviction on the ground if

(a) in the case of the successor-in-interest of a member of the armed forces of the Union, he produces a certificate signed by the authorised officer to the effect that,

(i) a successor-in-interest is a widow or any other member of the family of the deceased member of the armed forces of the Union, who died while in service on the date specified in the certificate (or of a member of the armed forces of the Union who has retired and who died within five years of his retirement on the date specified in the certificate); and

(ii) such a successor-in-interest does not possess any other premises suitable for residence in the local area where such premises are situated; or

(b) in the case of a successor-in-interest of a scientist, he produces a certificate signed by an officer of the Department of Atomic Energy of, or above the rank of Deputy Secretary to Government, to the effect that

(i) the successor-in-interest is a widow or any other member of the family of the deceased scientist, who died while in service on the date specified in the certificate (or of a scientist who has retired and who died within one year of his retirement on the date specified in the certificate);

(ii) such successor-in-interest does not possess any other suitable residence (excluding any residential accommodation provided by Government) in the local area where such premises are situated.

(2) Any certificate granted under sub-section (1) shall be conclusive evidence of the facts stated therein.

Explanation. For the purposes of this section,

(1) authorised officer , in relation to a member of the armed forces of the Union, means his commanding officer or head of service, including,

(i) in the case of an officer retired from army, the Area Commander,

(ii) in the case of an officer retired from Navy, the Flag Officer Commanding-in-Chief, Naval Command, and

(iii) in the case of an officer retired from the Air Force, the Station Commander;

(2) member of the family means any of the following members of the family of a member of the armed forces of the Union, or a scientist, as the case may be, who is ordinarily residing with him and who is dependent on him and where member of the armed forces of the Union or a scientist has retired or died, any member of his family who is so resident or dependent at the time of his retirement or, as the case may be, death, namely:

Spouse, father, mother, son, daughter, grand-son, grand-daughter, son's wife, grand-son's wife, widow of pre-deceased son or grand-son;

(3) successor-in-interest means,

(i) if the deceased landlord has a spouse living at the time of his death, spouse, and

(ii) in any other case, any other member of his family;

(4) aided institutions means the Tata Institutions of Fundamental Research and the Tata Memorial Centre, and also any other institution which may be declared, from time to time, by the Department of Atomic Energy to be aided institution for the purposes of this section.]

138[13-A2. Landlord entitled to recover possession of premises given on licence on expiry of licence. (1) Notwithstanding anything contained in this Act, a licensee in possession or occupation of premises given to him on licence for residence shall deliver possession of such premises to the landlord on expiry of the period of licence; and on the failure of the licensee to so deliver the possession of the licensed premises, a landlord shall be entitled to recover possession for such premises from a licence, on the expiry of the period of licence by making an application to the Competent Authority; and the Competent Authority, on being satisfied that the period of licence has expired, shall pass an order for eviction of a licensee.

(2) Any licensee who does not deliver possession of the premises to the landlord on expiry of the period of licence and continues to be in possession of the licensed premises till he is dispossessed by the Competent Authority shall be liable to pay damages at double the rate of the licence fee or charge of the premises fixed under the agreement of licence.

(3) The Competent Authority shall not entertain any claim of whatever nature from any other person who is not a licensee according to the agreement of licence.

Explanation. For the purposes of this section,

(a) the expression landlord does not include a tenant or a sub-tenant who has given premises on licence;

(b) an agreement of licence in writing shall be conclusive evidence of the fact stated therein.]

14. 139Certain sub-tenants and licensees to become tenant on determination of tenancy. 140[(1)] When 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-let 141[before the 1st day of February, 1973] 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 tenancy had continued.

142[(2) Where the interest of a licensor, who is a tenant of any premises is determined for any reason, the licensee, who by Section 15-A is deemed to be a tenant, shall, subject to the provisions of this Act, be deemed to become the tenant of the landlord, on the terms and conditions of the agreement consistent with the provisions of this Act].

15. 143[In absende (sic absence) of contract to the countrary (sic contrary) tenant not to sublet or transfer 144or to give on licence. 145[(1)] Notwithstanding anything contained in any law, 146[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 147[and after the date of commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1973 (Mah. 17 of 1973), for any tenant to give on licence the whole or part of such premises]:

148[Provided that the 149[State] Government may by notification in the Official Gazette, permit in any area the transfer of interest in premises held under such 150[leases or class of leases 151[or the giving on licence any premises or class of premises] and to such extent as may be specified in the notification.]

152[(2)] The prohibition against the sub-letting of the whole or any part of the premises which have been let to any tenant, and against the assignment or transfer in any other manner of the interest of the tenant therein, contained in sub-section (1), shall, subject to the provisions of this sub-section, be deemed to have had no effect 153[before the 1st day of February, 1973], in any area in which this Act was in operation before such commencement; and accordingly, notwithstanding anything contained in any contract or in the judgment, decree or order of a Court, any such sub-lease, assignment or transfer of any such purported sub-lease, assignment or transfer in favour of any person who has entered into possession, despite the prohibition in sub-section (1), as purported sub-lessee, assignee or transferee and has continued in a possession 154[on the date aforesaid], shall be deemed to be valid and effectual for all purposes, and any tenant who has sub-let any premises or part thereof, assigned or transferred any interest therein, shall not be liable to eviction under clause (e) of sub-section (1) of Section 13.

The provisions aforesaid of this sub-section shall not affect in any manner the operation of sub-section (1) after the 155[date aforesaid].]

156[15-A. Certain licensees in occupation on 1st February, 1973 to become tenants. (1) Notwithstanding anything contained elsewhere in this Act or anything contrary in any other law for the time being in force, or in any contract, where any person is on the 1st day of February, 1973 in occupation of any premises, or any part thereof which is not less than a room, as a licensee he shall on that date be deemed to have become, for the purposes of this Act, the tenant of the landlord, in respect of the premises or part thereof, in his occupation.

(2) The provisions of sub-section (1) shall not affect in any manner the operation of sub-section (1) of Section 15 after the date aforesaid.]

157[15-B. State Government or Government allottee to become tenant of premises requisitioned or continued under requisition. (1) On the date of coming into force of the Bombay Rents, Hotel and Lodging House Rates Control Bombay Land Requisition and Bombay Government Premises (Eviction Amendment) Act, 1996 (hereinafter in this section referred to as the said date ),

(a) the State Government, in respect of the premises requisitioned or continued under requisition and allotted to a Government allottee referred to in sub-clause (a) of clause (1-A) of Section 5; and

(b) the Government allottee, in respect of the premises requisitioned or continued under requisition and allotted to him as referred to in sub-clause (b) of clause (1-A) of Section 5,

shall, notwithstanding anything contained in this Act, or in the Bombay Land Requisition Act, 1948, or, in any other law for the time being in force, or in any contract, or in any judgement, decree or order of any court passed on or after the 11th June 1996, be deemed to have become, for the purposes of this Act, the tenant of the landlord; and such premises shall be deemed to have been let by the landlord to the State Government or, as the case may be, to such Government allottee, on payment or rent and permitted increases equal to the amount of compensation payable in respect of the premises immediately before the said date.

(2) Save as otherwise provided in this section or any other provisions of this Act, nothing in this section shall affect,

(a) the rights of the landlord including his right to recover possession of the premises from such tenant on any of the grounds mentioned in Section 13 or in any other section;

(b) the right of the landlord or such tenant to apply to the court for the fixation of standard rent and permitted increases under this Act, by reason only of the fact that the amount of the rent and permitted increases, if any, to be paid by such tenant to the landlord is determined under sub-section (1);

(c) the operation and the application of the other relevant provisions of this Act in respect of such tenancy].

(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 premises 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.

158[(2) If the tenant delivers possession on or before the date specified in the decree the landlord shall, two months before the date on which the work of 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 receipt of such notice the tenant shall intimate to the landlord his acceptance of the accommodation offered and deposit with the landlord rent for one month. If the tenant gives such intimation and makes the deposit, the landlord shall on completion of the work of repairs, place the tenant in occupation of the premises or part thereof on the original terms and conditions. If the tenant fails to give such intimation and to make the deposit, the tenant's right to occupy the premises shall terminate.]

(3) If, after the tenant has delivered possession on or before the date specified in the decree, the landlord fails to commence the work of repairs within one month of the specified date or fails to complete the work within a reasonable time or having completed the work fails to place the tenant in occupation of the premises in accordance with sub-section (2), the Court may on the application of the tenant made within one year of the specified date, order the landlord to place him in occupation of the premises or part thereof on the original terms and conditions; and on such order being made the landlord and any person who may be in occupation shall give vacant possession to the tenant of the premises or part thereof.

(4) Any landlord who, when the tenant has vacated by the date specified in the decree, without reasonable excuse fails to commence the work of repairs and any landlord or other person in occupation of the premises who fails to comply with the order made by the Court under sub-section (3) shall, on conviction, be punishable with imprisonment for a term which may extend to three months or with fine or with both.

(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 tenant, the Court may, on the application of the original tenant made within thirteen months of such date, order the landlord to place him 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 unoccupied or does not commence the work of erection without reasonable excuse within the period of one month from the date he recovered possession and any landlord or other person in occupation of the premises who fails to comply with the order of the Court 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.

159[17-A. 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 (b) of sub-section (3-A) of the said 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.

(2) If the Court is satisfied that the landlord has not substantially commenced the work of demolishing the premises within the period of one month in accordance with his undertaking, the Court shall order the landlord to deliver to the tenant vacant possession of the premises on the terms and conditions on which he occupied them immediately before the eviction. On such order being made the landlord shall forthwith deliver vacant possession of the premises to the tenant. Such order shall be deemed to be an order within the meaning of clause (14) of Section 2 of the Code of Civil Procedure, 1908 (5 of 1908).

(3) Any landlord who recovers possession on the ground specified in clause (hh) of sub-section (1) of Section 13, and fails to carry out any undertaking referred to in clause (a), (b) or (c) of sub-section (3-A) of the said section without any reasonable excuse or fails to comply with the order of the Court under sub-section (1) shall, without prejudice to his liability in execution of the order under sub-section (2), on conviction be punishable with imprisonment for a term which may extend to three months or with fine or with both.]

160[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 tenements:

Provided that, in respect of a residential tenement, the tenant concerned shall not be required to pay rent in relation to the area at more than double the rate at which he paid rent for his former premises, immediately before his eviction under the decree 161[unless the landlord obtains an order of the Court fixing the standard rent in respect of the tenement at a higher rate];

(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.

17-C. Landlord to intimate to tenant date of completion and tenant's right to occupy tenement in new building. (1) On receipt from the tenant under Section 17-B, 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 162[the tenant shall be entitled to occupy the tenement assigned to him by the landlord].

(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 tenement.

(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.]

(1) If any landlord 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 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.

(2) Where any fine, premium or other like sum or deposit or any consideration referred to in sub-section (1) is paid by any person, the amount or value thereof shall be recoverable by him 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, if such person is a tenant, without prejudice to any other remedy for recovery, be deducted by him from any rent payable by him to such landlord.

(3) Nothing in this section shall apply to any payment made under any agreement entered into before the first day of September, 1940 163[or to any payment made by any person to a landlord by way of a loan, for the purpose of financing the erection of the whole or part of a residential building or a residential section of a building on the land held by him as an owner, a lessee or in any other capacity, entitling him to build on such land, under an agreement which shall be in writing and shall, notwithstanding anything contained in the Indian Registration Act, 1908 (16 of 1908), be registered. Such agreement shall inter alia include the following conditions, namely:

(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;

(ii) that the rate of interest on such loan shall not be less than four per cent. per annum;

(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;

(iv) that the amount of the loan shall be a charge on the entire building and the entire interest of the landlord in the land on which such building is erected:

Provided that if the loan has been advanced by more than one person all such persons shall, notwithstanding anything contained in any law for the time being in force, be entitled to a charge on the entire building and the entire interest of the landlord in such land rateably according to the amount of the loan advanced by each of such persons;

(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

(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:

Provided that the said period of two years may be extended to a further period not exceeding one year with the sanction of the Collector;

(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].

164[(4) If any landlord who has received a loan under an agreement in accordance with the provisions of sub-section (3), contravenes, without any reasonable excuse, any of the conditions specified in the said sub-section (3), such landlord shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine, or with both.]

165[Explanation I]. For the purposes of sub-section (1)

(a) 166[except as provided in sub-section (3)] receipt of rent in advance for more than three months in respect of premises let for the purpose of residence, or

(b) where any furniture or any other article is sold by the landlord to the tenant either before or after 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.

167[Explanation II. For the purposes of sub-section (3), member of the family means in the case of an undivided Hindu family and member of such family and in the case of any other family the husband, wife, son, daughter, father, mother, brother, sister or any other relative of the person permanently residing and boarding with him].

(1) 168[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 claim or receive any sum or any consideration as a condition of the relinquishment 169[transfer or assignment] of his tenancy of any premises.

(2) Any tenant or person who in contravention of the provisions 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 shall not be less than the sum or the value of the consideration received by him.

170[(1)] Any amount paid on account of rent after the date of 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.

171[(2) Any amount paid on account of any licence fee or charge for a licence on and after the date of commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1973 (Mah. 17 of 1973), shall, except in so far as such payment is in accordance with the provisions of this Act, be recoverable by the licensee from the person 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 the licensee from any licence fee or charge for the licence payable by him to his licensor.]

(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 of such notice a statement giving full particulars of the amount of standard rent of the premises or part thereof let 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 material particular 172[shall, on conviction, be punished] with fine which may extend to one thousand rupees.

22. Particulars to be furnished by tenant of tenancy sub-let or transferred 173[before the 1st day of February, 1973]. (1) Every tenant who 174[before the 175[1st day of February, 1973], 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, any 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 him.

(2) Any tenant or sub-tenant who fails to furnish such statement or intentionally furnishes a statement which is false in any material particular 176[shall, on conviction, be punished] with fine which may extend to one thousand rupees.

17723. Landlord's duty to keep premises in good repair. (1) Notwithstanding anything contained in any law for the time being in force 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.

178[(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 179[of not less than, fifteen days] 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 total amount of these expenses incurred for such repairs 180[together with simple interest at the rate of fifteen per cent per annum of such account]:

Provided further that the amount so deducted or recoverable in any year shall not exceed 181[one fourth] of the rent payable by the tenant for that year.

(3) For the purpose of calculating the expenses of the repairs made under sub-section (2), the accounts together with the vouchers maintained by the tenants shall be conclusive evidence of such expenditure and shall be binding on the landlord.]

182[23-A. Tenant entitled to put up radio or television aerial at his own cost. (1) Where a tenant for operating a radio or television set in his premises in any building desires to put up and maintain at his own cost a radio or television aerial on the terrace of the building in possession of the landlord, such tenant may apply in writing to the landlord for his consent to do so. Within thirty days from receipt of such application, the landlord shall inform the tenant in writing whether he gives his consent or not. If such consent is not given, the reasons for refusing it shall be stated in the reply. The landlord shall not without just or sufficient cause refuse to give his consent.

(2) Where the landlord fails to give any reply in time or refuses to give his consent, the tenant may make an application to the Court for necessary direction to the landlord. Upon such application, if the Court is satisfied, after giving the landlord a reasonable opportunity of being heard and making such inquiry as it thinks fit, that the landlord has without just or sufficient cause refused or is refusing to give his consent, the Court may by order direct the landlord to give to the tenant all reasonable facilities to put up and maintain the required aerial, subject to such conditions (if any) including for payment of a reasonable compensation or licence fee to the landlord, as the Court may deem fit to impose. Where any such direction is given, for the purposes of any law for the time being in force, the landlord shall be deemed to have given his consent, and the tenant and the persons acting under his instructions shall not be liable to the landlord for trespass or damages for any action taken or anything done by him or them, from time to time, in accordance with such direction.]

24. Landlord not to cut off or withhold essential supply or service. (1) No landlord either himself or through any person acting or purporting to act on his behalf shall without just or sufficient cause cut off or withhold any essential supply or service enjoyed by the tenant 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.

183[(2-A) Having regard to the circumstances of a particular case the court, may, if it is satisfied that it is necessary to make an interim order, make such order directing the landlord to restore the essential supply or service before the date specified in such order, before giving notice to the landlord of the enquiry to be made in the application under sub-section (3) or during the pendency of such enquiry. On the failure of the landlord to comply with such interim order of the Court, the landlord shall be liable to the same penalty as is provided for in sub-section (3).]

(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 off 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 specified shall for each day during which the default continues thereafter be liable 184[upon a further direction by the Court to that effect] to fine which may extend to one hundred rupees.]

(4) 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.

Explanation 185[I]. In this section essential supply or service includes supply of water electricity, lights in passages and on staircases, lifts and conservancy or sanitary service.

186[Explanation II. For the purposes of this section, withholding any essential supply or service shall include acts or omissions attributable to the landlord on account of which the essential supply or service is cut off by the local authority or any other competent authority.]

25. Conversion of residential into non-residential premises prohibited. (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 187[any amount received] compulsory. (1) Every landlord shall give a written receipt for any amount 188[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.

27. Recovery of rent according to British calendar. (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) The 189[State] Government may prescribe the manner in which rent recoverable according to any other calendar before the coming into operation of this Act shall be calculated and charged in terms of the British calendar.

28. Jurisdiction of courts. 190[(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,

(a) in Greater Bombay, the Court of Small Causes, Bombay, 191[* * *]

192(aa) in any area for which, a Court of Small Causes is established under the Provincial Small Cause Courts Act, 1887 (9 of 1887), such Court and]

(b) elsewhere, the Court of 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 193[or between a licensor and a licensee relating to the recovery of the licence fee or charge] 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 194[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.

195[(2) (a) Notwithstanding anything contained in clause (aa) of sub-section (1), the District Court may at any stage withdraw any such suit, proceeding or application pending in a Court of Small Causes established for any area under the Provincial Small Cause Courts Act, 1887 (9 of 1887), and transfer the same for trial or disposal to the Court of the Civil Judge (Senior Division) having ordinary jurisdiction in such area.]

(b) Where 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 re-try it to proceed from the stage at which it was withdrawn.

(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.]

Explanation. In this section proceeding does not include an execution proceeding arising out of a decree passed before the coming into operation of this Act.

29. Appeal. (1) Notwithstanding anything contained in any law, an appeal shall lie

(a) in Greater Bombay, from a decree or order made by the Court of Small Causes, Bombay, 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) elsewhere, from a decree or order made by 196[a Judge of the Court of Small Causes established under the Provincial Small Cause Courts Act, 1887 (9 of 1887), 197[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:

198[Provided that no such appeal shall lie from

(I) a decree or order made in any suit or proceeding in respect of which no appeal lies under the Civil Procedure Code, 1908 (5 of 1908);

(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 199[or licence fee or charge for a licence in respect of any premises] and the amount or value of the subject-matter of which does not exceed

(i) where such suit or proceeding is instituted in Greater Bombay, Rs. 3,000; and

(ii) whether such suit or proceeding is instituted elsewhere, the amount up to 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;

(III) an order made upon an application for fixing the standard rent 200[or licence fee or charge for a licence] or for determining the permitted increases in respect of any premises except in a suit or proceeding in which appeal lies;

(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.]

201[(1-A) Every appeal under sub-section (1) shall be made within thirty days from the date of the decree or order, as the case may be:

Provided that in computing the period of limitation prescribed by this sub-section the provisions contained in Sections 4, 5 and 12 of the Indian Limitation Act, 1908 (9 of 1908), shall, so far as may be, apply.]

(2) No further appeal shall lie against any decision in appeal under sub-section (1).

202[(3) Where no appeal lies under this section from a decree or order in any suit or proceeding in Greater Bombay the bench of two Judges specified in clause (a) of sub-section (1) and elsewhere the District Court, may for the purpose of satisfying itself that the decree or order made was according to law call for the case in which such decree or order was made and 203[the bench or Court aforesaid or the District Judge or any Judge to whom the case may be referred by the District Judge, shall] pass such order with respect thereto as 204[it or he thinks fit].

205[29-A. 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.]

30. Compensation in respect of proceedings which are not bona fide or are false, frivolous or vexatious. If the Court finds that any suit, proceeding or application instituted or made before it is not instituted, or made, bona fide 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.

31. Procedure of courts. The courts specified in Sections 28 and 29 shall allow the prescribed procedure in trying and hearing suits, proceedings, applications and appeals and in executing orders made by them.

206[Part II-A

SUMMARY DISPOSAL OF CERTAIN APPLICATIONS

31-A. Provisions of this Part to have overriding effect. The provisions of this Part or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained elsewhere in this Act or in any other law for the time being in force.]

207[31-B. Appointment of Competent Authority. The State Government may, by notification in the Official Gazette, appoint any person who is holding or has held a judicial office for at least five years or who is practising or has practised for at least seven years as an Advocate, to be the competent Authority for the purposes of exercising the powers conferred, and performing the duties imposed on him under this Part in such local area as may be specified in the said notification; and one or more such Competent Authorities may be appointed for one or more such local areas.]

208[31-C. Definition of landlord for the purposes of Part II-A. For the purposes of this Part, landlord means a landlord who is

(a) a member of the armed forces of the Union or a scientist or a successor in interest, referred to in Section 13-A1; or

(b) a person who has given premises on licence for residence, referred to in Section 13-A2.]

209[31-D. Special provision for making application of Competent Authority by landlord to evict tenant or licensee. Notwithstanding anything contained in this Act or any other law for the time being in force or any contract to the contrary or any judgement or decree or order of any Court, but subject to the provisions of Section 13-A1 or 13-A2, as the case may be, a landlord may submit an application to the Competent Authority, signed and verified in a manner provided in Rules 14 and 15 of Order VI of the First Schedule to the Code of Civil Procedure, 1908, as if it were a plaint to the Competent Authority having jurisdiction in the area in which the premises are situated, for the purpose of recovery of possession of the premises from the tenant or licensee, as the case may be.]

210[31-E. Special procedure for disposal of applications. (1) Every application by a landlord under this Part for the recovery of possession shall be accompanied by such fees as may be prescribed. The Competent Authority shall deal with the application in accordance with the procedure laid down in this section.

(2) The Competent Authority shall issue summons in relation to every application referred to in sub-section (1), in the form specified in Schedule IV.

(3)(a) The Competent Authority shall, in addition to, and simultaneously with, the issue of summons for service on the tenant or licensee, as the case may be, also direct the summons to be served by registered post, acknowledgements due, addressed to the tenant or the licensee or agent empowered by such tenant or licensee to accept the service at the place where the tenant or licensee or such agent actually and voluntarily resides or carries on business or personally works for gain;

(b) When an acknowledgement purporting to be signed by the tenant or licensee or their 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 licensee or their agent had refused to take delivery of the registered article, the Competent Authority may declare that there has been a valid service of summons.

(4)(a) The tenant or licensee on whom the summons is duly served [whether in the ordinary way or by registered post in the manner laid down in sub-section (3)], shall not contest the prayer for eviction from the premises unless, within thirty days of the service of summons on him as aforesaid, he files an affidavit stating grounds on which he seeks to contest the application for eviction and obtains leave from the Competent Authority as hereinafter provided, and in default of his appearance in pursuance of the summons or his obtaining such leave, the statement made by the landlord in the application for eviction shall be deemed to be admitted by the tenant or the licensee, as the case may be, and the applicant shall be entitled to an order for eviction on the ground aforesaid.

(b) The Competent Authority shall give to the tenant or licensee leave to contest the application if the affidavit filed by the tenant or licensee discloses such facts as would disentitle the landlord from obtaining an order for the recovery of possession of the premises on the ground specified in Section 13-A1 or 13-A2.

(c) Where leave is granted to the tenant or licensee to contest the application the Competent Authority shall commence the hearing of the application as early as practicable and shall, as far as possible, proceed with the hearing from day to day, and decide the same, as far as may be, within six months of the order granting of such leave to contest the application.

(5) The Competent Authority shall, while holding an inquiry, in a proceeding to which this Part applies, follows the practice and procedure of a Court of Small Causes, including the recording of evidence.]

211[31-F. Order of Competent Authority to be non-appealable; and revision by High Court. (1) No appeal shall lie against an order for the recovery of possession of any premises made by the Competent Authority in accordance with the procedure specified in Section 31-E.

(2) The High Court may, at any time suo motu or on the application of any person aggrieved, for the purpose of satisfying itself that an order made in any case by the Competent Authority under Section 31-E is according to law, call for the record of that case and pass such order in respect thereto as it thinks fit:

Provided that, no powers of revision at the instance of person aggrieved shall be exercised unless an application is presented within ninety days of the date of the order sought to be revised.]

212[31-G. Effect of refusal or failure to comply with order of eviction. If any person refuses or fails to comply with the order of eviction made under this section within 30 days of the date on which it has become final, the Competent Authority or any other officer duly authorised by the Competent Authority in this behalf, may evict that person from and take possession of, the premises and deliver the same to the landlord and for that purpose, use such force as may be necessary.]

213[31-H. Pending suits and proceedings in Court. (1) Subject to sub-section (2), all suits and proceedings filed by landlords, being the landlords referred to in clause (a) of Section 31-C, for eviction of tenant on the grounds specified in Sections 13-A1 and pending on the date of commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1986 shall, unless the landlord withdraws the same in relation to relief of recovery of possession of the premises claimed therein, be heard, proceeded with and disposed of by the Court in which such suit or proceeding is pending as if the said Act had not been passed.

(2) Any such landlord seeking to evict the tenant on the grounds specified in Section 13-A1, may, if he has also already proceeded against the tenant in a suit or in a proceeding in the Court, withdraw the suit or proceeding in relation to the claim made therein with leave of Court and proceed against the tenant in accordance with the provisions of this Part.]

214[31-I. Bar of jurisdiction. Save as otherwise expressly provided in this Act, no Civil Court shall have jurisdiction in respect of any matter which the Competent Authority is empowered by or under this Act, to decide; and no injunction shall be granted by any Court or other authority in respect of any action taken or to be taken in pursuance of any power so conferred on the Competent Authority.]

215[31-J. Section 17 of Bom. LVII of 1947 to apply with modification. (1) In respect of recovery of possession by a landlord referred to in clause (a) of Section 31-C in pursuance of an order of the Competent Authority, the provisions of Section 17 shall apply as if, for sub-sections (1) and (2) thereof, the following sub-sections had been substituted, namely:

(1) Where a landlord, being the landlord referred to in clause (a) of Section 31-C, who has obtained possession of the premises in pursuance of an order passed by the Competent Authority, does not occupy the premises or re-lets either the whole or any part of the premises, within two years from the date such landlord recovers possession, to any person other than the evicted tenant, the Competent Authority may, on the application of the evicted tenant made within 25 months of such date, order the landlord or any other person claiming under him to place the evicted tenant in occupation of the premises on the original terms and conditions, and on such other being made the landlord or such person who may be in occupation of the premises shall give vacant possession to the evicted tenant.

(2) Any such landlord who keeps such premises unoccupied or re-lets the same as aforesaid and any such landlord 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.

(2) Nothing in Section 17 shall apply to a landlord referred to in clause (b) of Section 31-C.]

HOTELS AND LODGING HOUSES

32. Appointment of Controller. The 216[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.

33. Fixation of fair rates, 217[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 lodging house at such amount as having regard to the circumstances of the case, he deems just. 218[The Controller may also fix the percentage of accommodation of daily and monthly lodgers, respectively, in 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.

(4) The Controller shall also fix the number of lodgers to be accommodated in each room or specified accommodation in the hotel or lodging house.

219[Explanation. For the purposes of this Part, a lodger who agrees to reserve accommodation in a hotel or lodging house for a period of less than a month shall be deemed to be a daily lodger.]

34. Revision of fair rates, 220[percentage of accommodation and number of lodgers. The Controller may, from time to time, revise the fair rates, 221[the percentage of accommodation] or the number of lodgers fixed under Section 33.

35. Continuance of fair rates before coming into operation of this part. Fair rates fixed under the Bombay Hotels and Lodging Houses Control Order, 1942 or the Bombay Rents, Hotel Rates and Lodging House Rates (Control) Act, 1944 (Bom. 7 of 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.

36. Notice of fair rate, 222[percentage of accommodation] and number of lodgers to be displayed. Where under Section 33 or Section 34 the Controller has fixed or revised the fair rate, 223[the percentage or accommodation] or the number of lodgers he shall direct the manager of the hotel or the owner of the lodging house, as the case may be, to display a notice of the fair rate, 224[percentages 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 number of lodgers are fixed or revised.

37. Charges not recoverable in excess of fair rate. (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.

38. No ejectment ordinarily to be made if fair rate paid. 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:

225[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.]

39. When manager of a hotel or owner of lodging house may recover possession. 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; 226[* * *]

(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; 227[* * *]

228(bb) the lodger is, habitually irregular 229[or has made a default for three months] in making payment of the charges for board, lodging or other service provided in the hotel or lodging house;]

230[(c) the lodger has failed to vacate the accommodation on the termination of the period of the agreement in respect thereof:

Provided that before issuing a certificate under this clause the Controller shall take into consideration the vacancies, if any, in the accommodation for daily and monthly lodgers, the percentage of which has been fixed, or revised under Section 33 or Section 34 and the circumstances under which the lodger did not vacate on the termination of the period of the agreement;] 231[or]

232[(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.]

40. Penalties. (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 a 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 punishable with imprisonment which may extend to three months or with fine or with both.

(3) Any manager of a hotel or owner of a lodging house who accommodates lodgers or permits lodgers to be accommodated in a room or specified accommodation in excess of the number fixed by the Controller shall, on conviction, be punishable with fine which may extend to one thousand rupees.

(4) Any manager of a hotel or owner of a lodging house who fails to display a notice in contravention of the Controller's direction, under Section 36 shall, on conviction, be punishable with fine which may extend to five hundred rupees.

233[(5) Any manager of a hotel or owner of a lodging house, who evicts any lodger in contravention of the provisions of Section 38 and without obtaining, certificate from the Controller under Section 39, shall, on conviction, be punished with imprisonment of a term which may extend to three months, or with fine or with both].

234[Explanation. For the purposes of sub-section (1) receipt of charges in advance for more than one month shall be deemed to be a fine or premium or consideration.]

41. Provision relating to inquiries by Controller. (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 authorise any person subordinate to him to enter upon any premises, hotel or lodging house or any part thereof to which the inquiry relates.

235[42. Appeals. (1) On and after the date of commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1979, from an order passed by the Controller under the provisions of this Part (including an order granting or refusing a certificate under Section 39) an appeal shall lie in Greater Bombay to the Chief Judge of the Court of Small Causes, Bombay, and elsewhere to the District Judge.

(2) Every such appeal shall be made within thirty days from the date of communication of the order passed by the Controller:

Provided that, the appellate officer may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time, but in no case the period shall exceed ninety days.

(3) (a) Every such appeal shall be heard and disposed of in Greater Bombay by the Chief Judge of the Court of Small Causes, Bombay or by any other Judge of that Court to whom the case or such cases are referred to under general or special orders of the said Chief Judge.

(b) Every appeal shall be heard and disposed of elsewhere by the District Judge or by any Judge not lower in rank than a Civil Judge (Senior Division) to whom the case or such cases are referred to under general or special orders of the District Judge.

43. Finality of orders. An order passed by the Controller under the provisions of this Part, subject to an appeal to the appellate officer, and the decision of the appellate officer on appeal, shall be final and conclusive and shall not be questioned in any suit or other proceedings before any Court or Tribunal or other authority.

43-A. Execution of orders. Every order passed by the Controller in favour of a manager of a hotel or an owner of a lodging house and against a lodger for recovery of charges for, or possession of, the accommodation provided in the hotel or lodging house, and where an appeal is made against such order, the order passed on such appeal by the appellate officer, shall be executed,

(a) in Greater Bombay, by the Court of Small Causes, Bombay; and

(b) elsewhere, by the Court of Civil Judge (Senior Division),

in the same manner, as if it were a decree of that Court.]

44. Controller to be deemed public servant. 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 (45 of 1860).

45. All proceedings before a Controller to be judicial proceedings. 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 (45 of 1860).

46. Protection of action taken under this Act. No suit, prosecution or other legal proceedings shall lie against a Controller in respect of anything in good faith done or intended to be done under this Act.

236[46-A. Part III not to apply to hotels and lodging houses on approved list of Central Ministry of Tourism. (1) On and after the date of commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1979 (Mah. 31 of 1979), this Part shall cease to apply, or shall not apply, to any hotel or lodging house, which is for the time being on the approved list of the Ministry of Tourism of the Central Government.

(2) For the removal of doubt, it is hereby declared that whenever this Part ceases to apply to any hotel or lodging house under sub-section (1), the fair rates, nature of accommodation and number of lodgers (if any) fixed by the Controller in respect of such hotel or lodging house and in force immediately before the date from which this Part ceases to apply to it, shall continue to be in force, until altered, cancelled or amended by the Ministry of Tourism of the Central Government.]

237[46-B. Competent Authority and Controller to be deemed public servant. A Competent Authority and a Controller appointed under Part II-A or Part III of this Act, respectively, shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.]

238[46-C. All proceedings before a Competent Authority or Controller to be Judicial proceedings. All proceedings before a Competent Authority or a Controller shall be deemed to be judicial proceedings for purposes of Sections 193 and 228 of the Indian Penal Code.]

239[46-D. Competent Authority to be deemed to be Civil Court for certain purposes. Every Competent Authority shall be deemed to be a Civil Court for the purposes of Sections 345 and 346 of the Code of Criminal Procedure, 1973.]

240[46-E. Protection of action taken under this Act. No suit, proceeding or other legal proceedings shall lie against a Competent Authority or a Controller in respect of anything in good faith done or intended to be done under this Act.]

MISCELLANEOUS

47. Certain offences to be cognizable. (1) Offences under Sections 16, 17, 241[17-A, 17-C,] 18, 19, sub-section (4) of Section 24, Section 25 and 242[sub-sections (1), (2) and (5)] of Section 40 shall be cognizable and shall not be triable by any Court inferior to that of a 243[Metropolitan Magistrate or a Judicial Magistrate of the First Class].

(2) Notwithstanding anything contained in 244[Section 29 of the Code of Criminal Procedure, 1973,] 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.

48. Offence by companies, etc. 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.

49. Rules. (1) The 245[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

246[(a) the manner in which addition to the rent shall be made under sub-section (2) or clause (a) of sub-section (3) of Section 9;

(b) the authority from which a declaration, and the manner and the form in which such declaration or a certificate from an architect asserting that it is necessary to undertake repairs and the extent thereof and the estimated cost therefore, to be obtained by the landlord, and the manner and the form in which a certificate from such authority or such architect confirming that the repairs were carried out in accordance with the declaration, or as the case may be, the certificate aforesaid, and fixing the date of completion of the repairs and the actual expenses therefor, to be obtained by the landlord, under clause (b) or sub-section (3) of Section 9;]

247[(c)] the form and the manner in which a receipt is to be given under sub-section (1) of Section 26;

248[(d)] 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;

249[(e)] 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;

250[(f)] the manner in which inquiries shall be made summarily under sub-section (2) of Section 41];

251[(g)] levy of court-fees in suits, proceedings and applications instituted before a Court 252[or Competent Authority] or Controller;

253[254[(h)] any other matter which has to be, or may be, prescribed.

(3) Every rule made under this section shall be laid, as soon as may be, after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall from the date of publication of a notification in the Official Gazette of such decision, have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.]

25550. Repeal. The Bombay Rent Restriction Act, 1939 (Bom. 16 of 1939) and the Bombay Rents, Hotel Rates and Lodging House Rates (Control) Act, 1944 (Bom. 7 of 1944), are hereby repealed:

Provided that all suits and proceedings 256[* * *] between a landlord and a tenant relating to the recovery of fixing of rent or possession of any premises to which the provisions of Part II apply and all suits and proceedings 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 Act 257[or shall be continued in such Courts, at the case may be,] and 258[* * *] all the provisions of this Act and the rules made thereunder shall apply to all such suits and proceedings.

259[Nothing in this proviso shall apply to execution proceedings and appeals arising out of decrees or orders, passed before the coming into operation of this Act; and such execution proceedings and appeals shall be decided and disposed of as if this Act had not been passed]:

Provided further that

(a) ever order passed or act done by the Controllers under Part IV of the Bombay Rents, Hotel Rates and Lodging House Rates (Control) Act, 1944 (Bom. 7 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

(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.

260[51. Removal of doubt as regards proceedings under Chapter VII of the Presidency Small Cause Courts Act, 1882. For the removal of doubt, it is hereby declared that, unless there is any thing repugnant in the subject or context references to suits or proceedings in this Act, shall include reference to proceedings under Chapter VII of the Presidency Small Cause Courts Act, 1882 (15 of 1882), and references to decrees in this Act, shall include references to final orders in such proceedings.]

[See Section 2(2)]

[See Section 2(2)]

263[Schedule III

(See Section 10-A)

265[Schedule IV

[See Section 31-E(2)]

Form of summons in a case where recovery ofpossession premises is prayed for under Part II-A.

Before the Competent Authority for

To

(Name, description and place of residence of the *tenant/licencee/*agent)

WHEREAS Shri filed an application (a copy of which is annexed) for your eviction from (here insert the particulars of the premises on the ground specified in Section 13-A1/13-A2* of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947;

You are hereby summoned to appear before the Competent Authority in its office at .. , within fifteen days of the service thereof and to obtain the leave of the Competent Authority to contest the application for eviction on the ground aforesaid; in default whereof, the applicant will be entitled at any time after the expiry of the said period of fifteen days to obtain an order for your eviction from the said premises.

Leave to appear and consent the application may obtained on an application to the Competent Authority which shall be supported by an affidavit as is referred to in clause (a) of sub-section (4) of Section 31-E.

Given under my hand and seal.

This day of 19 Competent Authority]

* Score out whichever is not applicable Competent Authority.

1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1947, Part V, page 364. *Section 7 of Bom. 58 of 1949 reads as follows: 7. Savings. The amendments made in the said Act by the provisions of Sections 4 and 5 of this Act shall not have any effect in respect of and apply to any suit or proceedings pending in any Court on the date on which this Act comes into force or to execution or other proceedings arising out of any decree or order passed by any court before the date on which this Act comes into force and any such suit or proceedings shall be continued or instituted and disposed of as if this Act had not been passed. . Section 3 of Bom. 46 of 1954, reads as follows: 3. Coming into force of Section 2 of this Act with retrospective effect. The amendment made by Section 2 of this Act shall be deemed to have come into force on and from the date on which the Bombay Rents, Hotel and Lodging House Rates Control (Second Amendment) Act, 1953 (Bom. 61 of 1953), came into force. Section 18 of Mah. 17 of 1973 reads as follows: 18. Savings. Nothing contained in this Act shall render any person liable to be convicted of any offence in respect of anything done or omitted to be done by him, before the date of publication of this Act in the Official Gazette, if such act or omission was not an offence under the principal Act but for the amendments made by any of the provisions of this Act; nor shall any person in respect of such act or omission be subject to a penalty greater than that which could have been inflicted on him under the law in force immediately before the commencement of this Act. . This indicates the date of commencement of Act.

2. These words were added by Mah. 17 of 1973, Sections 2 and 3.

3. These words were inserted by Mah. 17 of 1973, Section 3.

4. These words were substituted for the words pre-Reorganisation State of Bombay excluding the transferred territories by the Maharastra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

5. Substituted for III shall extend respectively to by areas specified in Schedules I and II by Mah. Act 18 of 1987, Section 2.

6. This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.

7. Substituted for or Part III or of both by Mah. Act 18 of 1987, Section 2.

8. This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.

9. Substituted for Part III or of both by Mah. Act 18 of 1987, Section 2.

10. This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.

11. Sub-section (2) was substituted by Mah. 31 of 1961, Section 2(1).

12. Substituted for 1999 by Mah. Act 28 of 1999 (w.e.f. 31-3-1999).

13. The proviso to sub-section (2) was deleted by Bom. 61 of 1953, Section 2(2).

14. These words were substituted for the words Bombay Act by Mah. 31 of 1961, Section 2(2).

15. These words were inserted by Mah. 17 of 1973, Section 5(a)(i).

16. These words were inserted by Mah. 17 of 1973, Section 5(a)(ii).

17. These words were deemed always to have been substituted for the words taken on lease or requisitioned by the Government by Mah. 12 of 1969, Section 5(a).

18. These words were inserted by Mah. 17 of 1973, Section 5(a)(iii).

19. These words were inserted by Mah. 17 of 1973, Section 5(a)(iv).

20. These words were substituted for premises let to by Mah. 17 of 1973, Section 5(a)(v).

21. These words were deemed always to have been inserted by Mah. 12 of 1969, Section 5(b).

22. Inserted by Mah. Act 18 of 1987, Section 3.

23. This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.

24. These words were substituted for the words shall not apply by Bom. 53 of 1950, Section 2.

25. This portion was substituted for the words to premises used for a public purpose of a charitable nature or to any particular premises or class of premises used for such purpose by Bom. 61 of 1953, Section 3.

26. These words were substituted for let at a nominal or concessional rent by Mah. 17 of 1973, Section 5(b).

27. Sub-section (3) was added by Bom. 53 of 1950, Section 3.

28. This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.

29. Sub-section (4) was added by Bom. 4 of 1953, Section 3.

30. This word was inserted by Mah. 17 of 1973, Section 5(c).

31. This word was inserted by Mah. 17 of 1973, Section 5(c).

32. This portion was added by Bom. 49 of 1959, Section 2.

33. Section 4-A was inserted by Bom. 61 of 1953, Section 4.

34. Inserted by Mah. Act 18 of 1987, Section 4.

35. Inserted by Mah. Act 16 of 1997 (w.e.f. 7-12-1996).

36. These words were inserted by Bom. 61 of 1953, Section 5(1).

37. This portion was added by Mah. 17 of 1973, Section 6(a).

38. Inserted by Mah. Act 16 of 1997 (w.e.f. 7-12-1996).

39. Clause (4-A) was inserted by Mah. 17 of 1973, Section 6(b).

40. These words were inserted by Mah. 31 of 1979, Section 2.

41. Clause (6-A) was inserted by Mah. 17 of 1973, Section 6(c).

42. These words were substituted for building let separately by Mah. 17 of 1973, Section 6(d).

43. Clause (8-A) was inserted by Mah. 22 of 1978, Section 2(a).

44. Inserted by Mah. Act 16 of 1997 (w.e.f. 7-12-1996).

45. Paragraph (iii-a) inserted by Mah. Act 18 of 1987, Section 4.

46. Substituted by Mah. Act 18 of 1987, Section 4 (w.r.e.f. 1-2-1973).

47. Sub-clause (aa) was deemed to have been substituted with effect from the 12th day of May, 1968 by Mah. 17 of 1968, Section 2.

48. Substituted by Mah. Act 18 of 1987, Section 4 (w.r.e.f. 1-2-1973).

49. Sub-clause (bb) was inserted by Mah. 17 of 1973, Section 6(e).

50. Inserted by Mah. Act 16 of 1997 (w.e.f. 7-12-1996).

51. Sub-clause (c) was substituted for the original by Mah. 22 of 1978, Section 2(b). *Sub-section (2) of Section 2 of Mah. 22 of 1978 reads as follows: (2) Notwithstanding anything contained in any judgment, decree or order of any Court or anything contained in the principal Act or in any law for the time being in force, the provisions of sub-clause (c) of clause (11) of Section 5 of the principal Act as amended by this Act, shall apply, and shall be deemed always to have applied, to any person, who is in possession of any premises on the date of commencement of this Act and who claims to be a tenant by virtue of the said sub-clause (c) as amended by this Act. Such person shall continue to be in possession of the premises as a tenant, unless the landlord is entitled to recover possession of the premises on any other ground under the principal Act.

52. Clause (12) was added by Bom. 53 of 1950, Section 3.

53. These words were inserted by Mah. 17 of 1973, Section 7(a).

54. The word or was inserted by Bom. 36 of 1948, Section 2(a).

55. The words or any other purpose notified in the Official Gazette by the Provisional Government were deleted by Bom. 36 of 1948, Section 2(a)(ii).

56. This proviso was added by Bom. 36 of 1948, Section 2(b).

57. This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.

58. These words were inserted by Mah. 17 of 1973, Section 7(a).

59. This proviso was added by Bom. 53 of 1950, Section 4.

60. These words were inserted by Mah. 17 of 1973, Section 7(a).

61. This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.

62. This sub-section was inserted by Bom. 36 of 1948, Section 2(c).

63. This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.

64. These words were inserted by Mah. 17 of 1973, Section 7(a).

65. These words were inserted by Mah. 17 of 1973, Section 7(a).

66. These words were substituted for in, or notified under sub-section (1) by Bom. 36 of 1948, Section 2(d).

67. This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.

68. Sub-section (3) was added by Mah. 17 of 1973, Section 7(b).

69. Inserted by Mah. Act 18 of 1987, Section 5.

70. These words were inserted by Mah. 17 of 1973, Section 8(2).

71. Section 7 was renumbered as sub-section (1) and sub-section (2) was added by Mah. 17 of 1973, Section 8(1).

72. Inserted by Mah. Act 18 of 1987, Section 6.

73. Section 7 was renumbered as sub-section (1) and sub-section (2) was added by Mah. 17 of 1973, Section 8(1).

74. Inserted by Mah. Act 8 of 1998 (w.e.f. 31-3-1998).

75. These words were inserted by Mah. 17 of 1973, Section 9(c).

76. These words were inserted by Mah. 17 of 1973, Section 9(a)(i).

77. These words were inserted by Mah. 17 of 1973, Section 9(a)(ii).

78. These words were inserted by Mah. 17 of 1973, Section 9(a)(i).

79. These words were inserted by Mah. 17 of 1973, Section 9(a)(iii).

80. These words were inserted by Mah. 17 of 1973, Section 9(b)(i).

81. These words were inserted by Mah. 17 of 1973, Section 9(b)(ii).

82. These words were inserted by Mah. 17 of 1973, Section 9(b)(iii).

83. These words were inserted by Mah. 17 of 1973, Section 9(b)(iii).

84. Substituted by Mah. Act 18 of 1987, Section 7.

85. Substituted by Mah. Act 18 of 1987, Section 7.

86. This section was inserted by Bom. 3 of 1949, Section 2.

87. Section 10-A omitted by Mah. Act 18 of 1987, Section 7. Prior to omission Section 10-A read as : 10-A. Increase in rent on account of payment of increased rates, etc., after 31st March, 1949 not permitted in certain areas. Notwithstanding anything contained in Section 10, (1) if in the City of Bombay the general tax levied under Section 143 of the City of Bombay Municipal Act, 1888 (Bom. 3 of 1888), or in any other area specified in Schedule III of this Act a rate or tax on buildings, house 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. 18 of 1925), the Bombay District Municipal Act, 1901 (Bom. 3 of 1901), or the Cantonments Act, 1924 (Bom. 2 of 1924), or the Bombay Village Panchayats Act, 1933 (Bom. 6 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 the City of Bombay or in any of the areas specified in the said Schedule, as the case may be 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; (2) a landlord shall not be entitled to make any increase in the rent of any premises situated in the City of Bombay or in any of the areas specified in the said Schedule and let after the 31st day of March, 1949 on account of the payment by him of any increase in such rate or tax; (3) the Bombay_Rents_Hotel_and_Lodging_House_Rates_Control_Act_1947.doc_57_of_1947_62[State] Government may, by notification published in Official Gazette, direct that in any area other than the City of Bombay or 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 purposes on buildings, houses or lands after such date, as may be specified in the notification. Bombay_Rents_Hotel_and_Lodging_House_Rates_Control_Act_1947.doc_57_of_1947_63[(4) if the general tax levied under Section 129 of the Bombay Provincial Municipal Corporations Act, 1949 (Bom. 59 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 and 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.]

88. Section 10-AA was inserted by Bom. 61 of 1953, Section 6.

89. Section 10-AA omitted by Mah. Act 18 of 1987, Section 7. Prior to omission it read as : 10-AA. 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 10-A, (a) if in Greater Bombay the general tax levied under Section 143 of the Bombay Municipal Corporation Act (Bom. 3 of 1888), or in Bombay_Rents_Hotel_and_Lodging_House_Rates_Control_Act_1947.doc_57_of_1947_65[* * *] the City of Pune the general tax levied under Section 129 of the Bombay Provincial Municipal Corporations Act, 1949 (Bom. 59 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 and of the enactments 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 area, and let on or before the said date, shall be entitled, after the date of commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Second Amendment) Act, 1953 (Bom. 59 of 1953) (hereinafter in this section referred to as 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 of tax; (b) a landlord shall be entitled, after the 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; (c) if a notification has been issued under clause (3) of Section 10-A in respect of any area, a landlord shall be entitled, after the appointed date, 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 purposes on buildings, houses or lands after the date specified in such notification: Provided that the increase referred to in clauses (a), (b) and (c) above shall not exceed (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 day of March, 1949; or (ii) five per cent, of the standard rent, whichever is less. (2) Any increase made under sub-section (1) shall not be deemed to be an increase for the purposes of Section 7.]

90. Section 10-AAA was inserted by Mah. 40 of 1962, Section 4.

91. Section 10-AAA omitted by Mah. Act 18 of 1987, Section 7. Prior to omission it read as: 10-AAA. When rent due to payment of increased rates, etc., to be increased. (1) Notwithstanding anything contained in Sections 10, 10-A and 10-AA, if (a) in Greater Bombay the general tax levied under Section 143 of the Bombay Municipal Corporation Act (Bom. 3 of 1888), or in the City of Poona the general tax levied under Section 129 of the Bombay Provincial Municipal Corporations Act, 1949 (Bom. 59 of 1949), or in any other area to which clause (1) of Section 10-A applies the rate or tax on buildings, houses or lands, or a rate or tax in the form of such rate or tax on buildings, house or lands, levied under any of the enactments referred to in the said clause (1) is, after the date of coming into force of the Urban Immovable Property Tax (Abolition) and General Tax (Increase of Maximum Rate) Act, 1962 (Mah. 40 of 1962) (hereinafter in this section referred to as the said date ), increased; and (b) the amount of such rate or tax payable after the said date by the landlord in respect of any premises situated in any of the said areas (whether let on or before the said date or after the said date) exceeds the amount of such rate or tax (including the amount of any Urban Immovable Property Tax) after passing on any increase of tax by way of increased rent under the foregoing provisions, payable by the landlord immediately before the said date, then, the landlord shall be entitled to make an increase in the rent of the said premises equal to the amount of such excess, or five per cent. of the standard rent, whichever is less: Provided that, nothing in this section, shall affect the right of any landlord to continue to make increase in the rent of the said premises, or prevent him from making any such increase in the rent thereof, which he was making or entitled to make immediately before the said date. (2) The increase under sub-section (1) shall not be deemed to be an increase for the purposes of Section 7.]

92. Section 10-C was inserted by Bom. 61 of 1953, Section 7.

93. Section 10-C renumbered as Section 10-A by Mah. Act 18 of 1987, Section 8.

94. This clause was substituted for the original by Bom. 46 of 1954, Section 2.

95. This portion was inserted by Bom. 49 of 1959, Section 4.

96. Sub-section (2) was omitted by Mah. Act 18 of 1987, Section 8.

97. Sub-section (3) was omitted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

98. Section 10-B was inserted by Bom. 16 of 1950, Section 2.

99. The amendments effected to Section 10-B by Bom. 53 of 1950, Section 3, shall be deemed to have come into force with effect from 2-5-1950 (vide Section 9 of Bom. 53 of 1950).

100. Section 10-B omitted by Mah. Act 18 of 1987, Section 7. Prior to omission it read as: 10-B. Proportional recovery of riot tax after certain date permitted. (1) Notwithstanding anything contained in Sections 10 and 10-A, where under sub-section (3) of Section 45 of the City of Bombay Police Act, 1902 (Bom. 4 of 1902), the Municipal Commissioner is required to recover any amount of compensation determined under sub-section (1) of the said Section 45 in respect of any loss or damage caused to any property or in respect of death or grievous hurt caused to any person or persons at any time after the 25th day of September, 1945 and an additional sum referred to in sub-section (2) of the said Section 45 by an addition to the general tax, the landlord from whom such amount of compensation and additional sum, hereinafter called the amount of the riot tax, is recovered in respect of any premises shall be entitled to recover the same from the tenants of the premises, Bombay_Rents_Hotel_and_Lodging_House_Rates_Control_Act_1947.doc_57_of_1947_69[liable to pay the same under sub-section (3)] subject to the following conditions, namely: (i) the amount of the riot tax shall be recoverable from the tenants in not less than four equal instalments; (ii) if the amount of the riot tax was recovered from the landlord before the date of coming into force of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1950 (Bom. 16 of 1950), such amount shall be recoverable from the tenants within one year from such date; (iii) if the amount of the riot tax is recoverable from the landlord after the coming into force of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1950 (Bom. 16 of 1950), such amount shall be recoverable from the tenants within one year form the date of the recovery of the riot tax from the landlord; Bombay_Rents_Hotel_and_Lodging_House_Rates_Control_Act_1947.doc_57_of_1947_70[(iv) the amount of the riot tax to be recovered from each tenant shall bear the same proportion as the rent payable by him in respect of premises bears to the total amount of rent recoverable for the whole premises if let.] (2) The recovery of any amount made by the landlord from the tenant under this section shall not be deemed to be an increase for the purposes of Section 7. Bombay_Rents_Hotel_and_Lodging_House_Rates_Control_Act_1947.doc_57_of_1947_71[(3) A tenant shall be liable to pay the amount of the riot tax if he is or was in occupation of the premises in respect of which the riot tax is payable by the landlord, on the date on which the riot took place or if the riot continued after that date during the greater part of the period of such riot. And a landlord of such premises shall be entitled to recover the amount of the riot tax from the tenant who is liable to pay the amount of riot tax under this section, notwithstanding that such tenant is not in occupation of the premises on the date on which such amount is recovered from the landlord by the Municipal Commissioner. Explanation. For the purposes of this sub-section, the date on which the riot took place or the period of the riot shall be the date or the period as the case may be which the State Government may by notification in the Official Gazette specify in this behalf. (4) If the amount of the riot tax has already been wholly or partly recovered by a landlord before the date of the coming into force of the Bombay Rents, Hotel and Lodging House Rates Control (Second Amendment) Act, 1950 (Bom. 53 of 1950), (a) from a tenant who is not liable to pay the same under sub-section (2) such tenant shall be entitled to the refund of the whole or part of the amount recovered from him by the landlord or to deduct the same from the amount of the rent due by him to the landlord in respect of the premises; (b) from a tenant who is liable to pay the same under sub-section (3) and if such amount, (i) is greater than the amount which the landlord is entitled to recover from the tenant under sub-section (3) the tenant shall be entitled to the refund of or to deduct the excess amount from the rent or from the next instalment of the riot tax, if any, due to the landlord, or (ii) is less than the amount which the landlord is entitled to recover from the tenant under sub-section (3), the landlord shall be entitled to recover the difference, either by the addition to the rent or to the next instalment of the riot tax, if any, due from the tenant or in any other lawful manner.]

101. Section 10-B substituted for Sections 10-D to 10-G by Mah. Act 18 of 1987, Section 9.

102. This portion was substituted for the words in any of the following by Mah. 14 of 1963, Section 3(1).

103. Substituted for sub-clauses (i) to (iii) of clause (b) of sub-section (10) by Mah. Act 18 of 1987, Section 10.

104. Inserted by Mah. Act 18 of 1987, Section 10.

105. Sub-sections (3) to (6) were substituted for the original sub-section (3) by Mah. 14 of 1963, Section 3(2).

106. Section 11-A was inserted by Mah. 14 of 1962, Section 4.

107. Substituted by Mah. Act 18 of 1987, Section 11.

108. Sub-section (4) was inserted by Bom. 61 of 1953, Section 8(2).

109. The Explanation was renumbered as Explanation I and Explanation II was added by Mah. 14 of 1963, Section 5(2).

110. The Explanation was renumbered as Explanation I and Explanation II was added by Mah. 14 of 1963, Section 5(2).

111. Explanation III was inserted by Mah. 51 of 1975, Section 21.

112. These words and figures were inserted by Bom. 3 of 1949, Section 3.

113. This portion was substituted for the words and figures the provisions of Section 15 by Mah. 17 of 1973, Section 11(a).

114. The word or omitted by Mah. Act 18 of 1987, Section 12.

115. Inserted by Mah. Act 18 of 1987, Section 12.

116. This portion was substituted for the words for immoral or illegal purposes; or by Mah. 38 of 1962, Section 2.

117. These words were substituted for the word sublet by Bom. 49 of 1959, Section 5(1).

118. This portion was inserted by Mah. 17 of 1973, Section 11(b).

119. These words were inserted by Bom. 61 of 1953, Section 9(1)(a).

120. Clause (hh) was inserted by Bom. 53 of 1950, Section 6(1).

121. This explanation was deemed to have always been inserted by Mah. 13 of 1964, Section 5(a).

122. This clause was inserted by Bom. 61 of 1953, Section 9(1)(b).

123. The word residential was deleted by Bom. 61 of 1953, Section 9(1)(c).

124. This clause was inserted by Bom. 61 of 1953, Section 9(1)(d).

125. Substituted by Mah. Act 18 of 1987, Section 12 (w.r.e.f. 1-2-1973).

126. Clause (a) was deleted by Bom. 61 of 1953, Section 9(2).

127. The proviso was deleted by Bom. 61 of 1953.

128. Sub-section (2-A) was deemed to have been inserted on 10-7-1961 by Mah. 31 of 1961, Section 3.

129. Sub-sections (3-A) and (3-B) were inserted by Bom. 53 of 1950, Section 6(3).

130. These words were inserted by Bom. 61 of 1953, Section 9(3)(i).

131. This word was substituted for the words three by Bom. 61 of 1953, Section 9(3)(ii).

132. This word was substituted for the words three by Bom. 61 of 1953, Section 9(3)(ii).

133. This proviso was added by Mah. 14 of 1963, Section 6.

134. Sub-clause (ii) was deleted by Bom. 61 of 1953, Section 9(4).

135. Sub-section (5) was added by Mah. 13 of 1964, Section 5(5).

136. Section 13-A was inserted by Mah. 13 of 1964, Section 6.

137. Section 13-A1 substituted by Mah. Act 18 of 1987, Section 13.

138. Substituted by Mah. Act 18 of 1987, Section 13.

139. These words were substituted for the words Sub-tenant by Mah. 17 of 1973, Section 12(2).

140. Section 14 was renumbered as sub-section (1) and sub-section (2) was added by Mah. 17 of 1973, Section 12(1).

141. Substituted by Mah. Act 18 of 1987, Section 14 (w.r.e.f. 1-2-1973).

142. Section 14 was renumbered as sub-section (1) and sub-section (2) was added by Mah. 17 of 1973, Section 12(1).

143. This marginal note was substituted and shall be deemed always to have been substituted for the original by Bom. 49 of 1959, Section 7(3).

144. These words were added by Mah. 17 of 1973, Section 13(b).

145. Section 15 was renumbered as sub-section (1) of that section and sub-section (2) was added by Bom. 49 of 1959, Section 7.

146. These words were inserted and shall be deemed always to have been inserted by Bom. 49 of 1959, Section 7.

147. This portion was inserted by Mah. 17 of 1973, Section 13(a)(i).

148. This proviso was substituted for the original by Bom. 36 of 1948, Section 4.

149. This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.

150. Section 3 of Mah. 17 of 1968 reads as under: 3. Leases and class of leases to include assignments and transfers and accordingly assignments and transfers made or purported to be made under Notifications issued under proviso in Section 15 of Bom. 57 of 1947 deemed to be permitted and valid. In the proviso in Section 15 of the principal Act, references to leases or classes of leases shall include and shall be deemed always to have included within the meaning, assignment, and other transfers of the leases or class of leases; and accordingly, notwithstanding and judgment, decree or order of any Court, provisions in any Notification issued under the said proviso which purports to permit assignments and transfers by lessees shall include and shall always be deemed to have included assignments and transfers of the leasehold made or on after the 12th day of May, 1948, and whether made to the original lessee or their assignees or transferees or any subsequent assignees or transferees. Every such assignment or transfer made or purported to be made under any such Notification shall be deemed never to have been prohibited, and shall be deemed always to have been permitted by the State Government, and no such assignment or transfer shall be called in question in any Court on the ground merely that it was not made by the lessee, but that it was made by an assignee or transferee or the lessee, or by a subsequent assignee or transferee. .

151. This portion was inserted by Mah. 17 of 1973, Section 13(a)(ii).

152. Sub-section (2) was deemed to have been substituted on 21-5-1969, for the original by Mah. 38 of 1952, Section 3.

153. Substituted by Mah. Act 18 of 1987, Section 15 (w.r.e.f. 1-2-1973).

154. Substituted by Mah. Act 18 of 1987, Section 15.

155. Substituted by Mah. Act 18 of 1987, Section 15.

156. Section 15-A was inserted by Mah. 17 of 1973, Section 14.

157. Inserted by Mah. Act 16 of 1997, Section 3.

158. Sub-section (2) was substituted for the original by Bom. 61 of 1953, Section 10.

159. Section 17-A was inserted by Bom. 53 of 1950, Section 7.

160. Sections 17-B and 17-C were inserted by Bom. 53 of 1950, Section 7.

161. This portion was added by Bom. 61 of 1952, Section 11.

162. These words were substituted for the words the tenant shall be entitled to occupy the tenement by Mah. 14 of 1963, Section 7.

163. This portion was added by Bom. 42 of 1951, Section 2(1).

164. This sub-section was inserted by Bom. 42 of 1951, Section 2(2).

165. This Explanation was numbered as Explanation I by Bom. 42 of 1951, Section 2(2).

166. This portion was inserted by Bom. 42 of 1951, Section 2(3).

167. The Explanation was added by Bom. 42 of 1951, Section 2(4).

168. These words and figures were inserted by Bom. 61 of 1953, Section 12(1).

169. These words were inserted by Bom. 61 of 1953, Section 12(2).

170. Section 20 was renumbered as sub-section (1) and sub-section (2) was added by Mah. 17 of 1973, Section 15.

171. Section 20 was renumbered as sub-section (1) and sub-section (2) was added by Mah. 17 of 1973, Section 15.

172. These words were substituted for the words shall be punishable by Bom. 61 of 1953, Section 13.

173. Substituted by Mah. Act 18 of 1987, Section 16 (w.r.e.f. 1-2-1973).

174. This portion was substituted for the words before the date of the coming into operation of this Act by Bom. 49 of 1959, Section 8(1).

175. Substituted by Mah. Act 18 of 1987, Section 16 (w.r.e.f. 1-2-1973).

176. These words were substituted for the words shall be punishable by Bom. 61 of 1953, Section 14.

177. *Section 71 of the Bombay Building Repairs and Reconstruction Board Act, 1969 (Mah. 47 of 1969), reads as follows: 71. Temporary suspension of Section 23 of Rent Control Act and application of Transfer of Property Act to certain repairs. During the period this Act is in force, in the case of any building, on which the cess is levied the owner shall not be bound to keep the premises let to any occupier, in good and tenantable repair and accordingly the provisions of Section 23 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. 57 of 1947), shall be deemed to have been suspended and the provisions of the Transfer of Property Act, 1882 (4 of 1882), relating thereto shall apply during such period.

178. This portion was substituted for the original sub-section (2) by Bom. 49 of 1949, Section 15.

179. Inserted by Mah. Act 18 of 1987, Section 17.

180. Inserted by Mah. Act 18 of 1987, Section 17.

181. Substituted for one-sixth by Mah. Act 18 of 1987, Section 17.

182. Section 23-A was inserted by Mah. 51 of 1975, Section 22.

183. Inserted by Mah. Act 18 of 1987, Section 18.

184. These words were inserted by Bom. 61 of 1953, Section 16(1).

185. This Explanation was numbered as Explanation I by Bom. 61 of 1953, Section 16(2).

186. Explanation II was added by Bom. 61 of 1953, Section 16(2).

187. These words were substituted for the word rent by Bom. 61 of 1953, Section 16(2).

188. These words were substituted for the word rent by Bom. 53 of 1949, Section 3, Second Schedule.

189. This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.

190. Section 28 except the Explanation to the said section was renumbered as sub-section (1) of that section by Bom. 15 of 1952, Section 2(1).

191. The word and was deleted by Bom. 48 of 1949, Section 4(1).

192. This clause was inserted by Bom. 48 of 1949, Section 4(2).

193. These words were inserted by Mah. 17 of 1973, Section 16.

194. This portion was inserted by Bom. 15 of 1952, Section 2(2).

195. Sub-section (2) was inserted by Bom. 15 of 1952, Section 2(3).

196. These words and figures were inserted by Bom. 58 of 1949, Section 5.

197. This portion was inserted by Bom. 15 of 1952, Section 3.

198. This proviso was added by Bom. 61 of 1953, Section 17(1).

199. These words were inserted by Mah. 17 of 1973, Section 17(a).

200. These words were inserted by Mah. 17 of 1973, Section 17(b).

201. This sub-section was inserted by Bom. 36 of 1948, Section 5. This amendment shall not apply to appeals from decrees or orders made before the coming into operation of the said Act, vide Section 8.

202. This sub-section was inserted by Bom. 61 of 1953, Section 17(2).

203. These words were deemed always to have been inserted by Mah. 14 of 1963, Section 8(b).

204. These words were deemed always to have been substituted for the words it thinks fit by Mah. 14 of 1963, Section 8(2).

205. This section was inserted by Bom. 36 of 1948, Section 6.

206. Inserted by Mah. Act 18 of 1987, Section 19.

207. Inserted by Mah. Act 18 of 1987, Section 19.

208. Inserted by Mah. Act 18 of 1987, Section 19.

209. Inserted by Mah. Act 18 of 1987, Section 19.

210. Inserted by Mah. Act 18 of 1987, Section 19.

211. Inserted by Mah. Act 18 of 1987, Section 19.

212. Inserted by Mah. Act 18 of 1987, Section 19.

213. Inserted by Mah. Act 18 of 1987, Section 19.

214. Inserted by Mah. Act 18 of 1987, Section 19.

215. Inserted by Mah. Act 18 of 1987, Section 19.

216. This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.

217. These words were inserted by Bom. 3 of 1949, Section 4(3).

218. This portion was added by Bom. 3 of 1949, Section 4(1).

219. This Explanation was inserted by Bom. 3 of 1949, Section 4(2).

220. These words were inserted by Bom. 3 of 1949, Section 5(2).

221. These words were inserted by Bom. 3 of 1949, Section 5(1).

222. These words were inserted by Bom. 3 of 1949, Section 6(2).

223. These words were inserted by Bom. 3 of 1949, Section 6(1).

224. These words were inserted by Bom. 3 of 1949, Section 6(1).

225. This proviso was added by Bom. 3 of 1949, Section 7.

226. The word or was deleted by Bom. 3 of 1949, Section 8.

227. The word or was deleted by Bom. 58 of 1949, Section 6(1).

228. This clause was inserted by Bom. 61 of 1953, Section 18.

229. These words were inserted by Mah. 14 of 1963, Section 9.

230. This clause was added by Bom. 3 of 1949, Section 8.

231. The word or was added by Bom. 58 of 1949, Section 6(2).

232. Clause (d) was added by Bom. 58 of 1949, Section 6(2).

233. Sub-section (5) inserted by Mah. 14 of 1963, Section 10.

234. This Explanation was added by Bom. 36 of 1948, Section 7.

235. Sections 42, 43 and 43-A were substituted for original Section 42 by Mah. 31 of 1979, Section 3. Section 5 of Mah. 31 of 1979 reads as under: 5. Savings. The amendments made by this Act in Sections 42 and 43 of the principal Act shall not have any effect in respect of and apply to any appeals or suits or any subsequent proceedings filed and pending before the State Government or any Court, on the date of commencement of this Act and such appeals, suits and proceedings shall be continued and disposed of by the State Government or the Court as the case may be, as if this Act had not been passed.

236. Section 46-A was inserted, by Mah. 31 of 1979, Section 4.

237. Inserted by Mah. Act 18 of 1987, Section 21.

238. Inserted by Mah. Act 18 of 1987, Section 21.

239. Inserted by Mah. Act 18 of 1987, Section 21.

240. Inserted by Mah. Act 18 of 1987, Section 21.

241. These figures and letters were inserted by Bom. 53 of 1950, Section 8.

242. This portion was substituted for the words, brackets and figures sub-sections (1) and (2) by Mah. 14 of 1963, Section 11.

243. Substituted for Presidency Magistrate or a Magistrate of the first class by Mah. Act 18 of 1987, Section 22.

244. Substituted for Section 32 of the Code of Criminal Procedure, 1898 (5 of 1898) by Mah. Act 18 of 1987, Section 22.

245. This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.

246. Substituted for clause (a-i) by Mah. Act 18 of 1987, Section 23.

247. Clauses (i), (ii), (iii), (iv) & (v) relettered as clauses (c), (d), (e), (f) and (g) by Mah. Act 18 of 1987, Section 23.

248. Clauses (i), (ii), (iii), (iv) & (v) relettered as clauses (c), (d), (e), (f) and (g) by Mah. Act 18 of 1987, Section 23.

249. Clauses (i), (ii), (iii), (iv) & (v) relettered as clauses (c), (d), (e), (f) and (g) by Mah. Act 18 of 1987, Section 23.

250. Clauses (i), (ii), (iii), (iv) & (v) relettered as clauses (c), (d), (e), (f) and (g) by Mah. Act 18 of 1987, Section 23.

251. Clauses (i), (ii), (iii), (iv) & (v) relettered as clauses (c), (d), (e), (f) and (g) by Mah. Act 18 of 1987, Section 23.

252. Inserted by Mah. Act 18 of 1987, Section 23.

253. Clause (vi) and sub-section (3) were added by Mah. 14 of 1963, Section 12.

254. Clause (vi) relettered as clause (h) by Mah. Act 18 of 1987, Section 23.

255. Section 13 of Bom. 3 of 1949 reads as under 13. Sections 10 and 11 to have retrospective effect. The amendments made by Sections 10 and 11 of this Act shall be deemed to have been made and come into force on the date on which the said Act came into force and shall always be deemed to have been made and in force from such date: Provided that the validity of any decree or order passed in any suit or proceeding referred to in Section 50 of the said Act between the 13th day of February, 1948 and the 3rd day of February, 1949 shall not be questioned only on the ground that such suit or proceeding should have been decided and disposed of in accordance with the provisions of the said Act and not in accordance with the provisions of any of the enactments repealed by the said Act or vice versa and any execution proceedings or appeals arising out of such decree or order shall be decided and disposed of in accordance with the provisions of the said Act or the enactments repealed in accordance with which, as the case may be such decree or order was passed. .

256. The words (other than execution proceedings and appeals) were deleted by Bom. 3 of 1949, Section 10(1).

257. These words were inserted by Bom. 3 of 1949, Section 10.

258. The word thereupon was deleted by Bom. 3 of 1949.

259. This portion was inserted by Bom. 3 of 1949.

260. This section was added by Bom. 3 of 1949, Section 11.

261. In entry (v), the headings (a) Ahemdabad District , (b) Kaira District , (c) Broach District , (d) Panch Mahals District and (e) Surat District and all sub-entries thereunder were omitted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

262. Clauses (l), (m), (n) and (o) relating to Belgaum, Bijapur, Dharwar and Kanara Districts respectively have been omitted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.

263. This Schedule was added by Bom. 3 of 1949, Section 1.

264. The heading (c) Ahemdabad District and sub-entries thereunder were omitted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

265. Schedule IV added by Mah. Act 18 of 1987, Section 24.