Chapter VI PROVISIONS REGARDING SUB-TENANCIES AND OTHER MATTERS CONCERNING TENANCIES

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 and such sub-tenancy is subsisting on the date of commencement of this Act or where sub-tenancy is permitted by a contract between the landlord and the tenant, such sub-tenant shall, subject to the provisions of this Act, be deemed to become the tenant of his landlord on the same terms and conditions as he would have held from the tenant if the tenancy had continued.

Notwithstanding anything contained in any law for the time being in force but subject to any contract to the contrary it shall not be lawful for tenant to sub-let or give on licence the whole or any part of the premises let to him, or to assign or transfer in any other manner his interest therein: 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 any premises or class of premises other than those let for business, trade or storage to such extent as may be specified in the notification.

1. (1) On the 7th December 1996, that is the date of coming into force of Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996 (Mah. XVI of 1997) (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 (2) of section 7; 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 (2) of section shall, notwithstanding anything contained in this Act, or in the Bombay Land Requisition Act, 1948 (Bom. XXXIII of 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, or in any order of eviction issued by the Competent Authority, or by the Appellate Authority, under the Bombay Land Requisition Act, 1948 (Bom. XXXIII of 1948), 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 of rent and permitted increases equal to the amount of compensation payable in respect of the premises immediately before the said date.
2. (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 16 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.

The landlord shall be entitled to inspect the premises let or given on licence, at a reasonable time after giving prior notice to the tenant, licensee or occupier.

1. (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. (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.
3. (3) 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 (4).
4. (4) If the court on inquiry finds that the tenant has been in enjoyment of the essential supply or service and that it was cut-off or withheld by the landlord without just or sufficient cause, the court shall make an order directing the landlord to restore such supply or service before a date to be specified in the order. Any landlord who fails to restore the supply or service before the date so specified, shall, for each day during which the default continues thereafter, be liable upon further directions by the court, to that effect, to fine which may extend to one hundred rupees.
5. (5) 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 which may extend to one thousand rupees or with both.
6. (6) An application under this section may be made jointly by all or any of the tenants of the premises situated in the same building. Explanation.- In this section,-
   • (a) essential supply or service includes supply of water, electricity, lights in passages and on stair-cases, lifts and conservancy or sanitary service;
   • (b) withholding any essential supply or service shall include acts or ommissions attributable to the landlord on account of which the essential supply or service is cut-off by the municipal authority or any other competent authority.
7. (7) Without prejudice to the provisions of sub-sections (1) to (6) or any other law for the time being in force, where the tenant,-
   • (a) who has been in enjoyment of any essential supply or service and the landlord has withheld the same, or
   • (b) who desires to have, at his own cost, any other essential supply or service for the premises in his occupation, the tenant may apply to the Municipal or any other authority authorised in this behalf, for the permission or for supply of the essential service and it shall be lawful for that authority to grant permission for, supply of such essential supply or service applied for without insisting on production of a 'No Objection Certificate' from the landlord by such tenant.

1. (1) A landlord shall not use or permit to be used for a commercial purpose any premises which, on the date of the commencement of this Act, were used for a residential purpose.
2. (2) Any landlord who contravenes the provisions of sub-section (1) shall, on conviction, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both.

1. (1) Every landlord shall give a written receipt for any amount at the time when such amount is received by him in respect of any premises in such form and in such manner as may be prescribed.
2. (2) Every landlord shall, without charging any consideration, issue the rent receipt in respect of the premises let out to the deceased tenant in the name of the family member referred to in sub-clause (d) of clause (15) of section 7.
3. (3) 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 for each day of default.

1. (1) Notwithstanding anything contained in any law for the time being in force or any contract, custom of local usage to the contrary, rent payable by the month or year or portion year shall be recovered according to the British Calendar.
2. (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.