Chapter IX MISCELLANEOUS

Offence under section 10 shall be non-cognizable and offences under sections 17, 18, 19, 21, 29, 30 and 31 shall be cognizable and shall not be triable by any court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class.

Where 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 be proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.

1. (1) Notwithstanding anything contained in this Act or any other law for the time being in force, any agreement for leave and licence or letting of any premises, entered into between the landlord and the tenant or the licensee, as the case may be, after the commencement of this Act, shall be in writing and shall be registered under the Registration Act, 1908 (XVI of 1908).
2. (2) The responsibility of getting such agreement registered shall be on the landlord and in the absence of the written registered agreement, the contention of the tenant about the terms and conditions, subject to which a premises have been given to him by the landlord on leave and licence or have been let to him, shall prevail, unless proved otherwise.
3. (3) Any landlord who contravenes the provisions of this section shall, on conviction, be punished with imprisonment which may extend to three months or with fine not exceeding rupees five thousand or with both.

Notwithstanding anything contained in this Act, it shall be lawful for,-

1. (i) 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, transfer or assignment of his tenancy of any premises;
2. (ii) the landlord or any person acting or purporting to act on behalf of the landlord to receive any fine, premium or other like sum or deposit or any consideration in respect of the grant, or renewal of a lease of any premises, or for giving his consent to the transfer of a lease to any other person.

1. (1) The State Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for the purposes of giving effect to the provisions of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing provisions, 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 11;
   • (b) the authority from which a declaration, and the manner and the form in which declaration or a certificate from a notified architect asserting that it is necessary to undertake repairs and the extent thereof and estimated cost thereof, 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 thereof, to be obtained by the landlord under clause (b) of sub-section (5) of section 11;
   • (c) the form and the manner in which a receipt is to be given under sub-section (1) of section 31;
   • (d) the manner in which rent recoverable according to any calendar other than the British calendar before the commencement of this Act shall be calculated and charged in terms of the British calendar under sub-section (2) of section 32.
   • (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) levy of court-fees in suits, proceedings and applications instituted before a court or Competent Authority;
   • (g) any other matter which has to be, or may be, prescribed.

1. (1) On the commencement of this Act, the following laws, that is to say,-
   • (a) the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. LVII of 1947);
   • (b) the Central Provinces and Berar Regulation of Letting of Accommodation Act, 1946 (C. P. and Berar Act XI of 1946) including the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949; and
   • (c) the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954 (Hyd. Act No. XX of 1954), shall stand repealed.
2. (2) Notwithstanding such repeal,-
   • (a) all applications, suits and other proceedings under the said Acts, pending on the date of commencement of this Act before any Court, Controller, Competent Authority or other office or authority, shall be continued and disposed of, in accordance with the provisions of the Acts so repealed, as if the said Acts had continued in force and this Act had not been passed;
   • (b) the provisions for appeal under the Acts so repealed shall continue in force in respect of applications, suits and proceedings disposed of thereunder;
   • (c) any appointment, rule and notification made or issued under any of the repealed Acts and in force on the date of commencement of this Act shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to have been made or issued under this Act and shall continue in force until it is superseded or modified by any appointment, rule or notification made or issued under this Act;
   • (d) all prosecutions instituted under the provisions of any of the repealed Acts shall be effective and disposed of in accordance with the law.

For the removal of doubt it is hereby declared that, unless there is anything repugnant in subject or context, references to suits or proceedings in this Act shall include reference to proceedings under Chapter–VII of the Presidency Small Causes Courts Act, 1882 (XVI of 1882), and reference to decrees in this Act shall include reference to final orders in such proceedings.

If any difficulty arises in giving effect to the provisions of this Act unifying, consolidating and amending the laws relating to the control of rent and eviction and other connected matters in the repealed Acts, and as are contained in this Act, the State Government may, as occasion arises, by order do anything which appears to it to be necessary for the purpose of removing the difficulty: Provided that, no such order shall be made after the expiry of the period of two years from the date of commencement of this Act.