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

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

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

Bombay Act No. 57 of 1947

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An Act to amend and consolidate the law relating to the control of rents and repairs of certain premises, of rates of hotels and lodging houses and of evictions and also to control the charges for licence of premises, etc.

WHEREAS it is expedient to amend and consolidate the law relating to the control of rents and repairs of certain premises, of rates of hotels and lodging house and of evictions and also to control the charges for licence of premises, etc.; It is hereby enacted as follows:

PART I

Preliminary

1. Short title.- This Act may be called the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.
2. Extent.- (1) Parts I and IV of this Act shall extend to the [Bombay area of the State of Maharashtra].
3. Part II and IIA shall extant to the areas specified in schedule I and part II shall extend to the areas specified II to this Act and shall continue to extend to any such area notwithstanding that the areas to be of the description their i specified.
4. The State Government may, be notification in the Official Gazette, extend to any other area, any or all the previous of part II, Part IIA or Part III or all of them.
5. The State government may, at any time by like notification, direct that any or all the previous of Part II or Part IIA 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 said provisions shall cease to be in force in such area.
6. Commencement and duration.- (1) This Act shall come into operation on such date as the[State]Government, may, by notification in the Official Gazette, appoint in this behalf.

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

[* * * *]

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expiry of this Act or upon this Act or any provision thereof ceasing to be in force in any area, as if it had then been repealed by a Maharashtra Act.

4. Exemption.- (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. licence or other like relationship created by a grant from or a licence given by the Government in respect of premises requisitioned or taken or lease or on licence by the Government, including any premises taken on behalf of the Government on the basis of tenancy 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 premises let, or given on licence, to the Government or a local authority or taken on behalf of the Government on such basis by, or in the name of, such officer.

1A 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 17B and 17C;

(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 State Government may direct that all or any of the provisions of this Act shall not be subject to such conditions and terms as it may specify, apply generally,

(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 4(let or given on licence, at a nominal or concessional rent or licence fee or charge]; or

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

(3) The 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.

(4) (a) The expression "premises belonging to the Government or a local authority" in sub-section (1) shall, notwithstanding anything contained in the said sub-section or in any judgement, decree or order of a court, not include a building erected on any land held by any person from the Government or a local authority under an agreement, lease, licence or other grant, although having regard to the provisions of such agreement, cause, 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 whether before or after the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959.]

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, as the State Government may in its discretion determine.

5. Definitions.- In this Act unless there is anything repugnant to the subject or context,-

(A-1) 'Competent Authority' means the Competent Authority appointed under section 31B;]

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

(IA) "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 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 sublet any premises; and also includes in respect of a licensee deemed to be a tenant by section 15A, licensor who has given such license, and in respect of the State Government, or as the case may be, the Government allottee referred to in sub-clause (b) of clause ON. deemed to be a tenant by section 15B, 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, and includes also, in the case of joint family property the joint family of which the deceased person was a member;

(4A) "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; 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, 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 sanitorium,J or a person having any accommodation in a hotel, lodging house, hostel, guest house, club, nursing home, hospital, sanitorium, 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 boarding, lodging, or other service;

(6A) "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 [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:

(8A) "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;

(8B) "premises requisitioned or continued under requisition" means the premises requisitioned or continued under requisition under the Bombay Land Requisition Act, 1948:1.

(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, or the Bombay Rents, Hotel Rates and Lodging House Rates (Control) Act, 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

(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) on any of the cases specified in section 11, the rent fixed by the Court;

(11) "rent" 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 before the 1st day of February 1973;

(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 before the first day of February 1973;

(bb) such licensees as share deemed to be tenants for the purposes of this Act by section 15A]

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

(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, 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 permission 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 of 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.

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

PART II

Residential and Other Premises

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

Provided that 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 or given on licence for any of the said purposes:

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 or given on licence for such of the aforesaid purposes as may be specified in the notification.

[(1A) The State Government may, by notification in Official Gazette, direct that in any of the said areas this Part shall apply to premises let 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 or given on licence for such of the purposes referred to "in sub-section (1) or notified under sub-section (1A) or let for such standard rent as the State Government may, by notification in the Official Gazette, specify.

[(3) On and from the date of commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 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 purposes in such area, immediately before such commencement.]

[(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 IIA.]

7. Rent [or licence fee or charge]in excess of standard rent illegal.- (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, or the Bombay Rents, Hotel Rates and Lodging House Rates (Control) Act, 1944 or is entitled to recover such increase under the provisions of this Act either before or after the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1986.

[(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 exces of the standard rent and permitted increase (or, as the case may be, a proportionate part there to), 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 leet, 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.]

[7A. 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 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 or of the agreement for licence, the terms on which any premises are held are on the whole less favourable to the tenant or to the licensee than the previous terms the rent [or licence fee or charge]shall be deemed to be increased for the purposes of this Part whether the sum payable as rent or licence fee or charge is increased or not.

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

9. Increase in rent on account of improvements, etc., special additions, etc. and special or heavy repairs.- (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 i,f 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) : 18 of 1987, s. 7.

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 frnmediately 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.

(c) 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.

10. Increase in rent on account of payment of rates, etc.- (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 expessly provided in any other law for the time being in force, be entitled to make an increase in the rent of such premises. Providedthat, 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.

10A. 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:

(2) [* * * *]

(3) [* * * *]

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.

10B. 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.

11. Court may fix standard rent and permitted increases in certain cases.- (1) Subject to the provisions of Section IIA 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 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 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

[(d-1) without prejudice to the provisions of sub-section (1A) 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.

(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 landlord towards payment of rent or increase 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 it is 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.

11A. 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 of any premises under section 11, or entertain any plea that the rent or increases are excessive, if the standard rent or 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 amentities or in respect of any other factor which are relevant to the fixation of the standard rent, or change in such increases, thereafter in the premises.

12. No ejectment ordinarily to be made if tenant pays or is ready and willing to pay standard rent and permitted increases.- (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.

(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.

(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 increase due to him as the Court thinks fit.

Explanation I - In any case where there is a dispute as to the amount of standard rent of 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.

Explanation II .- For the purposes 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.

Explanation III.- For the purposes of this section where, a tenant has deducted any amount from the rent due to the landlord under section 173C of the Bombay Municipal Corporation Act for recovery or 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.

13. When landlord may recover possession.- (1) Notwithstanding anything contained in this Act[but subject to the provisions of sections 15 and 15A,]a landlord shall be entitled to recover possession of any premises if the Court is satisfied -

(a) that the tenant as committed any act contrary to the provision of clause (a) of section 108 of the Transfer of Property Act, 1882; or

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

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 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; 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, unlawfully sub-let] or after the date of commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 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 [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

(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 sougth to be demolished; or

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.

(hhh) that the premises are required for the immediate purposes 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 [* * *] building, or

[(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 [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 to 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),

(a) [* * *]

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

[* * * * *]

(2A) 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 or repairs or erection.

(3A) 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 (3B) and gives an undertaking,

(a) that the new building to be erected by him shall subject to the provisions of any rules, by laws or regulations made by a local authority], contain not less than 3 two times the number of residential tenements, and not less than 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:

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 twelve months in the aggregate.

(3B) (a) For the purposes of sub-section (3A), 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;

(ii) [* * * *]

(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 consideration.

(5) Notwithstanding anything contained in this Act, where the premises let to any person include -

(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, landings, 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 floor 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.

13A1. 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 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 Institution 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.

13A2. 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].

13A. 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 the1. Section 13A was inserted by Mah. 13 of 1964, s. 6.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 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 (3B) 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 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 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 the 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 17A, 17B and 17C 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 (3B) 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.

14. Certain sub-tenants and licensees to become tenant on determination of tenancy.- (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 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 tenant, if the tenancy had continued.

(2) Where the interest of a licensor, who is a tenant of any premises is determined for any reason, the licensee, who by section 15A 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. In absence of contract to the contrary, tenant not to sub-let or transfer] a or to give on licence.- (1) Notwithstanding anything contained in any law 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 [and after the date of commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1973, for any tenant to give on licence the whole or part of such premises:]

Provided that the State Government may by notification in the Official Gazette, permit in any area the transfer of interest in premises held under such leases or class of leases 21or the giving on licence any premises or class of premises and no such extent as may be specified in the notification.

(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 before the 1st day of February, 19731, 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 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 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 date aforesaid.

15A. 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 purpose 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.

15B. 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 (IA) 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 (IA) 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]

16. Recovery of possession for repairs and re-entry

- (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.

(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 with 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.

17. Recovery of possession for occupation, etc. and re-entry.- (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.

17A. 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 (3A) 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.

(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 (3A) 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].

17B.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 tenement:

Provided that, in respect of 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 unless the landlord obtain 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.

17C. Landlord to intimate to tenant date of completion and tenant's right to occupy tenement in new building. - (1) On receipt of the notice from the tenant under section 17B, 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 [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.

18. Unlawful charges by landlord.- (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 or at 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 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, 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 rate ably 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].

(4) If any landlord who has received a loan under an agreement in accordance with the provisions of sub-section (3), contravences, 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.

Explanation 1.- For the purposes of sub-section (1) - (a) except as provided in sub-section (3) receipt of rent in advance for more than three months in respect of premises let for the purposes of residence, or

(b) where any furniture or 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.

Explanation II. - For the purposes of sub-section (3), "member of the family" means in the case of an undivided Hindu family any 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.

19. Unlawful charges by tenant.- (1) 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 61transfer or assignment] of his tenancy or 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 which shall not be less than the sum or the value of the consideration received by him.

20. Recovery of amounts paid not in accordance with Act.- (1) Any amount paid on account of rent after the date of the 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.

(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, 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.

21. Landlord to furnish particulars of rent, etc., to tenant.- (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 or 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 internationally furnishes a statement which is false in any material particular 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 before the 1st day of February 1973.- (1) Every tenant who before the 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, and 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 shall, on conviction, be punished] with the fine which may extend to one thousand rupees.

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

(2) If the landlord neglect to make any repairs which he is bound to make under sub-section (1), within a reasonable time after a notice 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 together with simple interest at the rate of fifteen per cent per annum of such amount:

Provided further that the amount so deducted or recoverable in any year shall not exceed 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.

23A. 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 withheld 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 in respect 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.

(2A) 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)1.

(3) If the Court on enquiry finds that the tenant has been in enjoyment of the essential supply of 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 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 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.

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 contravences 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 any amount received compulsory.- (1) Every landlord shall give a written receipt for any amount at the time when such amounts 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 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.- (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,

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

(b) elsewhere, the Court of the Civil Judge (Junior Division) having jurisdiction in the area in which the premises are situate or, if there is no such Civil Judge the Court of the Civil Judge (Senior Division) having ordinary jurisdiction, shall have jurisdiction to entertain and try any suit or proceeding between a landlord and a tenant relating to the recovery of rent or possession of any premises to which any of the provisions of this Party apply 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 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.

(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 Causes Courts Act, 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, proceedings or application, as the case may be, may either re-try it or 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, 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 [a Judge of the Court of Small Causes established under the Provincial Small Cause Courts Act, 1887, or by the Court of the Civil Judge deemed to be the Court of Small Causes under clause (c) of sub-section (2) of section 281 or by] a Civil Judge exercising such jurisdiction, to the District Court':

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 Code of Civil Procedure, 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 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) where such. suit or proceeding is instituted elsewhere, the amount upto which the Judge or Court specified in clause (b) is invested with jurisdiction of a Court of Small Causes, under any law of the time being in force;

(III) an order made upon an application for fixing the standard rent [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.]

(1A) 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, shall so far as may be, apply.

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

(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 Judge 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 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 it or he thinks fit.

29A. Savings of suit 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 vexations

- 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 a 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 follow the prescribed procedure in trying and hearing suits, proceedings, applications and appeals and in executing orders made by them.

PART II-A

Summary Disposal Of Certain Applications

31A. 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.

31B. 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.

31C. 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 13A1; or

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

31D. 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 13A1 or 13A2, 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.

31E. 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 4s 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 N.

(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 13A1 or 13A2.

(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.

31F. 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 31E.

(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 31E 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.

31G. 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.

31H. 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 31C, for eviction of tenant on the grounds specified in sections 13A1 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 13A1, 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.

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.

31J. 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 31C 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 31C, 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 31C.

PART III

Hotels and Lodging Houses

32. Appointment of Controller.- The 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 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 or lodging house at such amount as having regard to the circumstances of the case, he deems just. The Controller may also fix the percentage of accommodation for daily and monthly lodgers, respectively, in hotel or lodging houses.

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

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 percentage of accommodation and number of lodgers.- The Controller may, from time to time, revise the fair rates, [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, 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, 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, percentage of 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 percentage 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 the 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 constructed 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 of 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:

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.

(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.

(bb) the lodger is, habitually irregular 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;

(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; or.

(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 owners interest therein.

40. Penalties.- (1) If any manager of a hotel or owner of a lodging house either himself or through any person acting on 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 received 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.

(5) Any manager of a hotel or owner of a lodging house, who evicts and 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.

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.

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.

43A. 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.- Deleted by Mah. 18 of 1987, s.2.
45. All proceedings before a Controller to be judicial proceedings.- Deleted by Mah. 18 of 1987, s. 20.
46. Protection of action taken under this Act.- Deleted by Mah. 18 of 1987 s.20.

46A. 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, 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 and 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.]

PART IV

Miscellaneous

46B. Competent Authority and Controller to be deemed public servant. - A Competent Authority and a Controller appointed under Part IIA 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.

46C. 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.

46D. 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.

46E. 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.]

47. Certain offences to be cognizable.- (1) Offences under sections 16, 17, 17A, 17C, 18, 19 sub-section (4) of section 24, section 25 and 21sub-sections (1), (2) and (5)] of section 40 shall be congnizable and shall not be triable by any Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class.

(2) Notwithstanding anything contained in 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 [State] Government may, by notification in the Official Gazette, and subject to the condition 8'f 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

(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;l

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

(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 British calender under sub- section (2) of section 27;

(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;

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

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

(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 the rule.

50. Repeal.- The Bombay Rent Restriction Act, 1939, and the Bombay Rents, Hotel Rates and Lodging House Rates (Control) Act, 1944, are hereby repealed.

Provided that all suits and proceedings 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 situated 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 or shall be continued in such Courts, as the case may be, and all the provisions of this Act and the rules made thereunder shall apply to all such suits and proceedings.

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

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 references to proceedings under Chapter VII of the Presidency Small Cause Courts Act, 1882, and references to decrees in this Act shall include references to final orders in such proceedings.

SCHEDULE I

(See Section 2(2)1

(i) The City of Bombay.

(ii) The Bombay Suburban District.

(iit) The Thana District.

(iv) The Nasik District.

(v) [* * * *]

(f)Ahmednagar District

(1) Ahmednagar Municipal Borough.

(2) Ahmednagar Cantonment.

(3) Sangamner Municipal District.

(4) Kopargaon Municipal District.

(5) Shrirampur Municipal District.

(6) Akola Village.

(7) Rahuri Budruk Village.

(8) Newasa Budruk Village.

(9) Shevgaon Village.

(10) Shrigonda Village.

(11) Pathardi Village.

(12) Karjat Village.

(13) Jamkhed Village.

(14) Parner Village.

(15) Belapur Budruk Village.

(16) Newasa Khurd Village.

(17) The Revenue,, Village of Rahuri Khurd.

(18) The Revenue Village of Belapur Khurd.

(g) East Khandesh District

(1) Jalgaon Municipal Borough.

(2) Bhusawal Municipal Borough.

(3) Amalner Municipal Borough.

(4) Chalisgaon Municipal Borough.

(5) Pachora Municipal District.

(6) Chopda Municipal District.

(7) Yawal Municipal District.

(8) Raver Municipal District.

(9) Savda Municipal District.

(10) Faizpur Municipal District.

(h) West Khandesh District

(1) Nandurbar Municipal District.

(2) Dhulia Municipal Borough.

(i) Poona City

(1) Lonavala Municipal Borough.

(2) Poona City Municipal Borough.

(3) Poona Suburban Municipal Borough.

(i) Poona City (contd.)

(4) Poona Cantonment.

(5) Aundh road area which is under the jurisdiction of the Dapoli Gram Panchayat near Kirkee.

(6) The Village of Dapoli, Haveli Taluka.

(7) Baramati Municipal District.

(j) Satara District

(1) Satara City Municipal Borough.

(2) Satara Suburban Municipal District.

(3) Karad Municipal Borough.

(4) Wai Municipal District.

(5) Panchgani Municipal District.

(6) Mahabaleshwar Municipal District.

(7) Tasgaon Municipal District.

(k) Sholapur District

(1) Sholapur Municipal District.

(2) Barsi Municipal Borough.

(3) Pandharpur Municipal Borough.

(4) Karmala Municipal District.

(5) Sangola Municipal District.

(6) Madha Village.

(7) Mahol Village.

(8) Malsiras Village.

(9) Kurduwadi Village.

(10) Tembhurni Village.

(11) Akluj Village.

(12) Vairag Village.

[ * * *]

(p) Kolaba District

(1) Alibag Municipal District.

(2) Mahad Municipal District.

(3) Panvel Municipal District.

(4) Pen Municipal District.

(5) Roha-Astami Municipal District.

(6) Uran Municipal District.

(7) Karjat Village.

(q) Ratnagiri District

(1) Ratnagiri Municipal Borough.

(2) Chiplun Municipal District.

(3) Malwan Municipal District.

(4) Vengurla Municipal District.

SCHEDULE II

(i) The City Bombay

(ii) Ahmednagar District

(1) Ahmednagar Municipal Borough.

(2) Ahmednagar Cantonment.

(3) Sangamner Municipal District.

(4) Kopargaon Municipal District.

(5) Shrirampur Municipal District.

(6) Akola Village.

(7) Rahuri Budruk Village.

(8) Newasa Village.

(9) Shevgaon Village.

(10) Shrigonda Village.

(11) Pathardi Village.

(12) Karjat Village.

(13) Jamkhed Village.

(14) Parner Village.

(15) Belapur Budruk Village.

(16) Newasa Khurd Village.

(17) The Revenue Village of Rahuri Khurd.

(18) The Revenue Village of Belapur Khurd.

(iii)East Khandesh District

(1) Jalgaon Municipal Borough.

(2) Bhusawal Municipal Borough.

(3) Amalner Municipal Borough.

(4) Chalisgaon Municipal Borough.

(5) Pachora Municipal District.

(6) Chopda Municipal District.

(7) Yawal Municipal District.

(8) Raver Municipal District.

(9) Savda Municipal District.

(10) Faizpur Municipal District.

(iv) West Khandesh District

(1) Dhulia Municipal Borough.

(2) Nandurbar Municipal District.

(v) Poona District

(1) Poona City Municipal Borough.

(2) Poona Suburban Municipal Borough.

(3) Poona Cantonment.

(4) Kirkee Cantonment.

(5) Lonavala Municipal Borough including the Khandala area.

(6) Dhond Municipal District.

SCHEDULE III

(a) Bombay Suburban District -

(1) Kurla Municipal Borough.

(2) Bandra Municipal Borough.

(3) Parle-Andheri Municipal Borough.

(4) Ghatkopar-Kirol Municipal Borough.

(5) Juhu Municipal District.

(6) Chembur Village.

(b) Thana District

(1) Thana Municipal Borough.

(2) Malad Notified Area.

(3) Kandivli Notified Area.

(4) Borivli Notified Area.

(5) Mulund Village.

(6) Bhayandar Village.

[ * * *]

(d) Poona District

(1) Poona City Municipal Borough.

(2) Poona Suburban Municipal Borough.

(3) Poona Cantonment.

(4) Kirkee Cantonment.

[Schedule IV

[See Section 31E (2)]

Form of summons in a case where recovery of

possession 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 13A1 / 13A2* 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 31E.

Given under my hand and seal.

This day of 20 Competent Authority

• Bombay Rents, Hotel and Lodging House Rates Control Rules, 1948