Chapter VII Chapter VII

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Hotels and lodging houses

The provisions of this Chapter shall come into force in any local area only with effect from such date as the

53[Government] may, by

notification, in the Official Gazette appoint:

Provided that if the

54[Government] is of the opinion that it would not be desirable in the public interest to make the provisions of this Chapter applicable to any class of hotels or lodging houses, he may, by notification in the Official Gazette, exempt such class of hotels or lodging houses from the operation of this Chapter.

1. (1) Where the Rent Tribunal, on a written complaint or otherwise, has reason to believe that the charges made for boarding or lodging or any other service provided in any hotel or lodging house are excessive, it may

fix a fair rate to be charged for boarding, lodging or other services provided in the hotel

or lodging house and in fixing such fair rate, specify separately the rate for lodging, boarding and other services.

1. (2) In determining the fair rate under sub-section (1), the Rent Tribunal shall have regard to the nature of the boarding, lodging and other services furnished, the prevailing rates of charges for the same or similar services, the cost of living and the scale of charges for boarding, lodging and other services as on the last day of January, 1965.

On a written application from the manager of a hotel or

the owner of a lodging house or otherwise, the Rent Tribunal may, from time to time, revise the fair rate to be charged for boarding, lodging or other service in a hotel or lodging house, and fix such rate as it may deem fit having regard to any general rise or fall in the cost of living which may have occurred after the fixing of the fair rate.

When the Rent Tribunal has

determined the fair rate of charges in respect of a hotel or lodging house—

1. (a) the manager of the hotel or the owner of the lodging house, as the case may be, shall not charge any amount in excess of the fair rate and shall not, except with the previous written permission of the Rent Tribunal, withdraw from the lodger any concession or service allowed at the time, when the Rent Tribunal determined the fair rate;
2. (b) any agreement for the payment of any charges in excess of such fair rate shall be void in respect of such excess and shall be construed as if it were an agreement for payment of the said fair rate;
3. (c) 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 the payment from the manager of the hotel or the owner of the lodging house or his legal representatives and may, without prejudice to any other mode of recovery, be deducted by such lodger from any amount payable by him to such manager or owner.

Notwithstanding anything contained in this Act, the manager of a hotel or the owner of a lodging house shall be entitled to recover possession of the accommodation provided by him to a lodger on obtaining a certificate from the Controller certifying-

1. (a) that the lodger has been guilty of conduct which is a nuisance or which causes annoyance to any adjoining or neighbouring lodger;

Explanation:— For the purpose of this clause, ―nuisance‖ shall be deemed to include

any act which constitutes an offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956;

1. (b) that the accommodation is reasonably and bonafide 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 any other cause which in the opinion of the Controller is sufficient; or
2. (c) that the lodger has failed to vacate the accommodation on the termination of the period of the agreement in respect thereof; or
3. (d) that the lodger has done any act which is inconsistent with the purpose for which the accommodation was given to him or which is likely to affect adversely or substantially the owner‘s interest therein; or
4. (e) that the lodger has failed to pay the rent due from him.