Vidhi Codex

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

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

General194776 sections

This legislation regulates rent amounts, eviction procedures, and lodging rates across specified areas in Gujarat. It applies to residential and commercial tenants, property owners, and managers or guests of hotels and lodging houses. The law safeguards tenants by capping rents at fixed standard rates, prohibiting arbitrary rent increases, and protecting against unfair eviction. It also ensures access to essential utilities like water and electricity. In return, it balances landlord interests by permitting controlled rent adjustments for structural improvements or municipal taxes, and providing clear legal avenues to recover property for genuine personal occupation or necessary redevelopment.

Start reading →Read full ActSections
  1. 1. Short title
  2. 2. Extent
  3. 2A. Act to apply to Saurashtra and Kutch areas with certain modifications
  4. 3. Commencement and duration
  5. 4. Exemptions
  6. 4A. Power of State Government to issue orders in respect of premises belonging to Local authority
  7. 5. Definitions
  8. 6. Application
  9. 7. Rent in excess of standard rent illegal
  10. 8. Cases where rent to be deemed and not to be deemed to be increased
  11. 9. Increase in rent on account of improvements, etc. excepted
  12. 10. Increase in rent on account of payment of rates, etc. excepted
  13. 10A. Increase in rent on account of payment of increased rate, etc. after 31st March, 1949 not permitted in certain areas
  14. 10B. Proportional recovery of riot tax after certain date permitted
  15. 10C. Increase in rent Excepted
  16. 10D. Increase in rent on account of repairs
  17. 10E. Increase in rent on account of payment of increased ground rent, etc.
  18. 10AA. Increase in rent on account of payment of increased rates, etc., permitted after certain date in certain areas
  19. 10CC. Increase in rent of premises used for Cinema in Saurashtra and Kutch areas and former Baroda State territories
  20. 11. Court may fix standard rent and permitted increase in certain cases.
  21. 11A. Right of tenants in new building in disturbed areas.
  22. 11B. Right of tenants in new building when premises damaged or destroyed due to natural calamity
  23. 12. No ejectment ordinarly to be made if tenant pays or is ready and willing to pay standard rent and permitted increase
  24. 13. When landlord may recover possession
  25. 13A. Permission to construct additional structure
  26. 13AA. Right of members of armed Forces of Union and their widows and heirs to recover possession of premises required for their occupation
  27. 14. Sub-tenant to become tenant on determination of tenancy
  28. 15. In absence of contract to the contrary tenant not to sub-let or transfer
  29. 15A. Landlord's permission necessary for giving on licence
  30. 16. Recovery of possession for repairs and reentry
  31. 17. Recovery of possession for occupation, ect and re-entry
  32. 17A. Recovery of possession for demolishing building
  33. 17B. Tenant's right to give notice to landlord of his intention to occupy tenement in new building.
  34. 17C. Landlord to intimate to tenant date of completion and tenant's right to occupy tenement in new building.
  35. 17D. Vesting of original site State in Government.
  36. 18. Unlawful charges by landlord.
  37. 19. Unlawful charges by tenant.
  38. 20. Recovery of amounts paid not in accordance with Act.
  39. 21. Landlord to furnish particulars of rent, etc. to tenant.
  40. 22. Particulars to be furnished by tenant of tenancy sub-let or transferred before the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959
  41. 23. Landlord's duty to keep premises in good repair
  42. 23A. Tenant entitled to supply of electricity at his cost
  43. 24. Landlord not to cut off or withhold essential supply or service
  44. 25. Conversion of residential into non-residential premises prohibited
  45. 26. Giving receipt for any amount received compulsory
  46. 27. Recovery of rent according to British calendar
  47. 28. Jurisdiction of courts
  48. 29. Appeal
  49. 29A. Saving of suits involving title.
  50. 30. Compensation in respect of proceedings which are not bonafide or are false, frivolous or vexatious.
  51. 31. Procedure of courts.
  52. 31A. Special procedure for disposal of certain applications.
  53. 32. Appointment of Controller.
  54. 33. Fixation of fair rates, percentage of accommodation and number of Lodgers.
  55. 34. Revision of fair rates, percentage of accommodation and number of Lodgers
  56. 35. Continuance of fair rates before coming into operation of this Part
  57. 36. Notice of fair rate, percentage of accommodation and number of lodgers to be displayed
  58. 37. Charges not recoverable in excess of fair rate
  59. 38. No ejectment ordinarily to be made if fair rate paid
  60. 39. When manager of a hotel or owner of lodging house may recover possession
  61. 40. Penalties
  62. 41. Provisions relating to inquiries by Controller
  63. 42. Appeal
  64. 43. Procedure of Courts in suits
  65. 44. Controller to be deemed public servant
  66. 45. All proceedings before a Controller to be judicial proceedings
  67. 46. Protection of action taken under this Act
  68. 47. Certain offences to be cognizable
  69. 48. Offences by companies, etc.
  70. 49. Rules.
  71. 50. Repeal.
  72. 51. Repeal of Sau. Act XXII of 1951 and of Bom. LVII of 1947 as extended to Kutch area and saving.
  73. Schedule I. SCHEDULE I
  74. Schedule IA. Schedule IA
  75. SCHEDULE III. SCHEDULE III
  76. SCHEDULE IV. SCHEDULE IV

PDF: pending for this language.