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

This Act may be called the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

1. (1) Parts I and IV of this Act shall extend to the [Bombay area of the State of Maharashtra].
2. (2) Parts II and III shall extend respectively to the areas specified in Schedules I and II to this Act and shall continue to extend to any such area notwithstanding that the area ceases to be of the description therein specified.
3. (3) The [State] Government may, by notification in the Official Gazette, extend to any other area any or all of the provisions of Part II or Part III or of both.
4. (4) The [State] Government may, at any time by like notification, direct that any or all the provisions of Part II or Part III or of both, 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 the said provisions shall cease to be in force in such area.

1. (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. (2) It shall remain in force upto and inclusive of the 21st day of March [1986] and shall then expire.
3. (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expiry of this Act or upon this Act or any provision thereof ceasing to be in force in any area, as if it had then been repealed by a [Maharashtra Act] 1904.

1. (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 on 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].
2. (2) The [State] Government may direct that all or any of the provisions of this Act [shall not 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 [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. (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 institution 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
4. (1) shall notwithstanding anything contained in the said sub-section or in any judgment, 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, lease [ , 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.]

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. (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 respect of 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.

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

1. (1) "fair rate" means the rate fixed under section 33 and includes the rates as revised under section 34;
2. (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. (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 sub-let any premises; [and also includes in respect of a licensee deemed to be a tenant by section 15A, the licensor who has given such licence;]
4. (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 in a hotel, lodging house, hostel, guest house, club, nursing home, hospital, sanatorium, 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. (5) "manager of a hotel" includes any person in charge of the management of a hotel;
6. (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 board, 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. (7) "permitted increase" means an increase in rent permitted under the provisions of this Act;
8. (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;
9. (9) "prescribe" means prescribed by rules and prescribed shall be construed accordingly;
10. (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
      • (iv) in any of the cases specified in section 11, the rent fixed by the Court;
11. (11) "tenant" 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 commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959,]
    • (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 commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959;]
    • (bb) such licensees as are deemed to be tenants for the purposes of this Act by section 15A; (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; (

Application. 6.

1. (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 the [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 the Official Gazette, direct that in any of the said areas this Part shall apply to premises let [or given on licence] for any other purpose.]
2. (2) In areas to which this Part is extended under sub-section
3. (3) of section 2, it shall apply to premises let [or given on licence] for such of the purposes referred to [in sub-section
4. (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.
5. (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 purpose in such area, immediately before such commencement.

[(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. [(2)

1. (a) No person shall claim or receive on account of any licence fee or charge for any premises or any part thereof, anything in excess of the standard rent and permitted increases (or, as the case may be, a proportionate part thereof), 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.
2. (b) All the provisions of this Act in respect of the standard rent and permitted increases in relation to any premises let, or if let, 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.]

1. (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 [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. (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.

A landlord shall be entitled to make such increase in the rent of the premises as may be reasonable for an improvement or structural alteration of the premises which has been made with the consent of the tenant given in writing; and such increase shall not be deemed to be an increase for the purposes of section 7. Explanation.—In this section improvements and alterations do not include the repairs which the landlord is bound to make under sub-section

1. (1) of section 23.

Where a landlord is required to pay to a local authority in respect of any premises any rate, cess or tax imposed or levied for the purposes of such authority, he shall be entitled to make an increase in the rent of the premises by an amount not exceeding the increase paid by him [by way of such rate, cess or tax over the amount paid] in the period of assessment which included the date of the coming into operation of this Act, [or the date on which the premises were first let, whichever is later,] and such increase in rent shall not be deemed to be an increase for the purposes of section 7.

Notwithstanding anything contained in section 10,—

1. (1) if in the City of Bombay the general tax levied under section 143 of the Bombay Municipal Corporation Act, 1888, or in any other area specified in Schedule III of this Act a rate or tax on buildings, houses or lands or a rate or tax in the form of such rate or tax on buildings, houses or lands levied under the Bombay Municipal Boroughs Act, 1925, or the Bombay District Municipal Act, 1901, or the Cantonments Act, 1924, or the Bombay Village Panchayats, 1933, as the case may be, is increased after the 31st day of March 1949, a landlord shall, in respect of any premises situated in the City of Bombay or in any of the areas specified in the said Schedule, as the case may be and let on or before the said date, be entitled to make any further increase in the rent of the said premises on account of the payment by him of such increase in the rate or tax ;
2. (2) a landlord shall not be entitled to make any increase in the rent of any premises situated in the City of Bombay or in any of the areas specified in the said Schedule and let after the 31st day of March 1949 on account of the payment by him of any increase in such rate or tax;
3. (3) the [State] Government may, by notification published in the Official Gazette, direct that in any area other than the City of Bombay or those specified in Schedule III, a landlord shall not be entitled to make any increase in rent in respect of any premises situate in such area on account of the payment by him of an increase in the rate or tax imposed or levied by any local authority for its own purposes on buildings, houses or lands after such date, as may be specified in the notification :]
4. (4) if the general tax levied under section 129 of the Bombay Provincial Municipal Corporations Act, 1949, in respect of any premises in any city exceeds the amount paid by any landlord to any local authority on account of a rate or tax of on buildings, houses and lands in respect of such premises for the assessment period which included the 31st March 1949, there shall be deemed to be an increase in such rate or tax for the purpose of this section.]

1. (1) Notwithstanding anything contained in sections 10 and 10A,—
   • (a) if in Greater Bombay the general tax levied under section 143 of the Bombay Municipal Corporation Act, or in [the City of Poona] the general tax levied under section 129 of the Bombay Provincial Municipal Corporations Act, 1949, or in any other area to which clause
2. (1) of section 10A applies, a rate or tax on buildings, houses or lands or a rate or tax in the form of such rate or tax on buildings, houses or lands levied under any of the enactments referred to in the said clause
3. (1) is increased after the 31st day of March 1949, a landlord, in respect of any premises situated in any of the said areas, and let on or before the said date, shall be entitled, after the date of commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Second Amendment) Act, 1953 (hereinafter in this section referred to as the appointed date), to make an increase in the rent of the said premises on account of the payment by him of such increase in the rate or tax ;
   • (b) a landlord shall be entitled, after the appointed date, to make an increase in the rent of any premises situated in any of the said areas and let after the 31st day of March 1949 on account of the payment by him of any increase in such rate or tax ;
   • (c) if a notification has been issued under clause
4. (3) of section 10A in respect of any area, a landlord shall be entitled, after the appointed date, to make an increase in the rent of any premises situated in such area on account of the payment by him of the increase in the rate or tax imposed or levied by any local authority for its own purposes on buildings, houses or lands, after the date specified in such notification : Provided that the increase referred to in clauses (a),
   • (b) and
   • (c) above shall not exceed—
     • (i) the difference between the amount of the increase paid by the landlord by way of rate or tax and the amount, if any, by which the Urban Immovable Property Tax is reduced after the 31st day of March 1949; or
     • (ii) five per cent. of the standard rent, whichever is less.
5. (2) Any increase made under sub-section
6. (1) shall not be deemed to be an increase for the purposes of section 7.]

1. (1) Notwithstanding anything contained in sections 10, 10A and 10AA, if—
   • (a) in Greater Bombay the general tax levied under section 143 of the Bombay Municipal Corporation Act, or in the City of Poona the general tax levied under section 129 of the Bombay Provincial Municipal Corporations Act, 1949, or in any other area to which clause
2. (1) of section 10A applies the rate or tax on buildings, houses or lands, or a rate or tax in the form of such rate or tax on buildings, houses or lands, levied under any of the enactments referred to in the said clause
3. (1) is, after the date of the coming into force of the Urban Immovable Property Tax (Abolition) and General Tax (Increase of Maximum Rate) Act, 1962 (hereinafter in this section referred to as “the said date”), increased ; and
   • (b) the amount of such rate or tax payable after the said date by the landlord in respect of any premises situated in any of the said areas (whether let on or before the said date or after the said date) exceeds the amount of such rate or tax (including the amount of any Urban Immoveable Property Tax) after passing on any increase of tax by way of increased rent under the foregoing provisions, payable by the landlord immediately before the said date, then, the landlord shall be entitled to make an increase in the rent of the said premises equal to the amount of such excess, or five per cent. of the standard rent,— whichever is less : Provided that, nothing in this section shall affect the right of any landlord to continue to make increase in the rent of the said premises, or prevent him from making any such increase in the rent thereof, which he was making or entitled to make immediately before the said date.
4. (2) The increase under sub-section
5. (1) shall not be deemed to be an increase for the purposes of section 7.]

1. (1) Notwithstanding anything contained in sections 10 and 10A, where under sub-section
2. (3) of section 45 of the City of Bombay Police Act, 1902, the Municipal Commissioner is required to recover any amount of compensation determined under sub-section
3. (1) of the said section 45 in respect of any loss or damage caused to any property or in respect of death or grievous hurt caused to any person or persons at any time after the 25th day of September 1945 and an additional sum referred to in sub-section
4. (2) of the said section 45 by an addition to the general tax, the landlord from whom such amount of compensation and additional sum, hereinafter called the amount of the riot tax, is recovered in respect of any premises shall be entitled to recover the same from the tenants of the premises, [liable to pay the same under sub-section
5. (3) ] subject to the following conditions, namely :—
   • (i) the amount of the riot tax shall be recoverable from the tenants in not less than four equal instalments ;
   • (ii) if the amount of the riot tax was recovered from the landlord before the date of coming into force of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1950, such amount shall be recoverable from the tenants within one year from such date ;
   • (iii) if the amount of the riot tax is recoverable from the landlord after the date of coming into force of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1950, such amount shall be recoverable from the tenants within one year from the date of the recovery of the riot tax from the landlord ;
   • (iv) the amount of the riot tax to be recovered from each tenant shall bear the same proportion as the rent payable by him in respect of premises bears to the total amount of rent recoverable for the whole premises if let.]
6. (2) The recovery of any amount made by the landlord from the tenant under this section shall not be deemed to be an increase for the purposes of section 7.
7. (3) A tenant shall be liable to pay the amount of the riot tax if he is or was in occupation of the premises in respect of which the riot tax is payable by the landlord, on the date on which the riot took place or if the riot continued after that date during the greater part of the period of such riot. And a landlord of such premises shall be entitled to recover the amount of the riot tax from the tenant that is liable to pay the amount of riot tax under this section, notwithstanding that such tenant is not in occupation of the premises on the date on which such amount is recovered from the landlord by the Municipal Commissioner. Explanation.—For the purposes of this sub-section, the date on which the riot took place or the period of the riot shall be the rate or the period as the case may be which the State Government may by notification in the Official Gazette specify in this behalf.
8. (4) If the amount of the riot tax has already been wholly or partly recovered by a landlord before the date of the coming into force of the Bombay Rents, Hotel and Lodging House Rates Control (Second Amendment) Act, 1950,—
   • (a) from a tenant who is not liable to pay the same under sub-section
9. (3) tenant shall be entitled to the refund of the whole or part of the amount recovered from him by the landlord or to deduct the same from the amount of the rent due by him to the landlord in respect of the premises ;
   • (b) from a tenant who is liable to pay the same under sub-section
10. (3) and if such amount,—
    • (i) is greater than the amount which the landlord is entitled to recover from the tenant under sub-section
11. (3) the tenant shall be entitled to the refund of or to deduct the excess amount from the rent or from the next instalment of the riot tax, if any, due to the landlord, or
    • (ii) is less than the amount which the landlord is entitled to recover from the tenant under sub-section (3), the landlord shall be entitled to recover the difference, either by the addition to the rent or to the next instalment of the riot tax, if any, due from the tenant or in any other lawful manner.

1. (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 :—

1. (1) Residential premises the rent of which does not exceed Rs. 20 per month. Not exceeding 5 per cent. of the standard rent.
2. (2) Residential premises the rent of which exceeds Rs. 20 per month but does not exceed Rs. 80 per month. Not exceeding 7 1/2 per cent. of the standard rent.
3. (3) Residential premises the rent of which exceeds Rs. 80 per month. Not exceeding 10 per cent. of the standard rent.
4. (4) Non-residential premises other than those specified in items
5. (5) and
6. (6) below:—
   • (a) the rent of which does not exceed Rs. 50 per month. Not exceeding 7 1/2 per cent. of the standard rent.
   • (b) the rent of which exceeds Rs. 50 per month. Not exceeding 12 1/2 per cent. of the standard rent.
7. (5) Premises interest in which is transferred under the proviso to sub-section
8. (1) of section 15 on or after the date of the coming into force of the Bombay Rents, Hotel and Lodging House Rates Control (Second Amendment) Act, 1953, as incidental to the sale of a business together with the stock-in-trade and goodwill thereof. Not exceeding 25 per cent. of the standard rent.
9. (6) Premises used for the purposes of a cinema. Not exceeding 50 per cent. of the standard rent.
10. (2) Any increase under sub-section
11. (1) shall not be deemed to be an increase for the purposes of section 7. 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
12. (8) of section 5.

1. (1) Subject to the provisions of sub-sections
2. (2) and
3. (5) and notwithstanding anything contained in section 9, 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, of an amount not exceeding five per cent. per annum of the expenses incurred on account of special additions to premises or

1. (1) A landlord shall further be entitled to make, on account of special or heavy repairs made in accordance with the provisions of this section, a temporary increase in the rent of premises by an addition to the rent, in the manner prescribed, at a rate not exceeding twenty-five per cent. of the standard rent; and such increase in 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 six per cent. per annum on such amount is recovered from the tenant.
2. (2) Before making any increase under sub-section (1), the landlord shall obtain, in the prescribed manner and in the prescribed form, a declaration (in Greater Bombay and the City of Poona from the Municipal Commissioner or any officer of the Municipal Corporation authorised by him in this behalf and elsewhere from the prescribed authority), asserting that it is necessary to undertake such repairs and specifying the nature and extent of repairs required and the estimated cost therefor and also obtain the consent in writing of the tenant or, as the case may be, of not less than two-thirds of the number of tenants occupying the premises in the building.
3. (3) After such repairs are carried out, the landlord shall obtain, in the prescribed manner and in the prescribed form, a certificate (in Greater Bombay of the Housing Commissioner appointed under the Bombay Housing Board Act, 1948, or any officer of the said Board authorised by him in this behalf and elsewhere of such officer, not lower in rank than an Executive Engineer as may be prescribed) confirming that the repairs were carried out in accordance with the declaration referred to in sub-section
4. (2) and fixing the date of completion of the repairs and the actual expenses incurred thereof.
5. (4) The increase in rent under sub-section
6. (1) shall be recoverable from all tenants occupying premises in the building on the basis of the actual expenses incurred or the estimated cost specified in the declaration aforesaid, whichever is less, 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 expenses recoverable for such repairs. Subject to the limitation on the rate of increase in the rent under sub-section (1), the share of expenses to be borne by the tenants in the form of increase in rent shall be recoverable as may be agreed upon in the consent accorded under sub-section (2).
7. (5) Any increase under sub-section
8. (1) shall not be deemed to be an increase for the purposes of section 7.

1. (1) Where a landlord of the premises on any inami land or a special tenure land is required to pay in respect of such land assessment in accordance with the provisions of the Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969, the landlord shall, notwithstanding anything contained in any law or in agreement or contract or in any decree or order of any court, be entitled to recover from the tenant or if there are more than one tenant, from all his tenants, a sum equal to fifty per cent. of the amount of assessment payable in respect of such land, and to make an increase in the rent of the premises as determined under sub-section (2).
2. (2) The amount of increase in rent 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 assessment payable in respect of the inami or special tenure land.
3. (3) Any increase under this section shall not be deemed to be an increase for the purposes of section 7.

1. (1) Where a landlord is required to pay to the Government or any local authority in respect of any premises any increase in the ground rent made after the coming into operation of this Act, he shall be entitled to make an increase in the rent of the premises by an amount not exceeding one-third of the increase due and paid by him, from time to time, after the date of such commencement, by way of ground rent.
2. (2) The amount of the increase in rent recoverable from each tenant under sub-section
3. (1) shall be calculated in the same proportion as the rent payable by him in respect of his premises bears to the total amount of the rent recoverable for the whole of the premises, if let.
4. (3) Any increase under this section shall not be deemed to be an increase for the purposes of section 7.

1. (1) Subject to the provisions of section 11A 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 the 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 no sufficient evidence to ascertain the rent at which the premises were let in any one of the cases mentioned in sub-clauses
     • (i) to
     • (iii) of clause
   • (b) of sub-section
2. (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 a whole, or for any other reason, any difficulty arises in giving effect to this part; or
   • (d) where any premises have been let rent-free or at a nominal rent or for some consideration in addition to rent; or
   • (e) where there is any dispute between the landlord and the tenant regarding the amount of standard rent.
3. (2) If there is any dispute between the landlord and the tenant regarding the amount of permitted increases the Court may determine such amount.
4. (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
5. (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 increases 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.
6. (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 with 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.
7. (5) No appeal shall lie from any order of the Court under sub-section
8. (3) or (4).
9. (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.

No Court shall upon an application or in any suit or 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 amenities or in respect of any other factors which are relevant to the fixation of the standard rent, or change in such increases thereafter in the premises.

1. (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. (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 and 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)
   • (a) Where the rent is payable by the month and there is no dispute regarding the amount of standard rent or permitted increases, if such rent or increases are in arrears for a period of six months or more and the tenant neglects to make payment thereof until the expiration of the period of one month after notice referred to in sub-section (2), the Court shall pass a decree for eviction in any such suit for recovery of possession.
   • (b) In any other case, no decree for eviction shall be passed in any such suit 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 and thereafter continues to pay or tender in Court regularly such rent and permitted increases till the suit is finally decided and also pays costs of the suit as directed by the Court.

1. (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 has committed any act contrary to the provisions of clause
   • (o) 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 ; 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 provisions of clause
   • (a) of sub-section
2. (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 reason 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 sought 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 purpose 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 commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959 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 build, acquired vacant possession of or been allotted a suitable residence.
3. (2) No decree for eviction shall be passed on the ground specified in clause
   • (g) of sub-section
4. (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).—
   • (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.
5. (3) The Court may pass the decree on the ground specified in clause
   • (h) or
     • (i) of sub-section
6. (1) only in respect of a part of the premises which in its opinion it is necessary to vacate for carrying out the work of 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 [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;
     • (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.
7. (4) For the purposes of clause
   • (j) of sub-section
8. (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 considerations.
9. (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, landing, 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 floors 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.

Landlord entitled to recover possession of terrace and structures for raising floor or floors

1. (1) Notwithstanding anything contained in this Act, a landlord shall be entitled to recover possession of any premises, if the Court is satisfied that the 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 that 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 nevertheless apply.
2. (2) No decree for eviction 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 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. (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
4. (1) of section 13.
5. (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.

1. (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 fully sub-let before the commencement of the Bombay Rents, Hotel and House Rates Control (Amendment) Ordinance, 1959 shall, subject to the provisions of this Act, be deemed to become the tenant of the landlord on the same terms and condition as he would have held from the tenant if the tenancy had continued.
2. (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.

1. (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 leases or class of leases [or the giving on licence any premises or class of premises] and to such extent as may be specified in the notification.
2. (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 commencement of the Bombay Rents, Hotel and House Rates Control (Amendment) Ordinance, 1959, 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 of a Court, any such sub-lease, assignment or transfer or 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 a purported sub-lessee, assignee or transferee and has continued in a possession at the commencement of the said Ordinance, 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
3. (1) of section 13.

Certain licensees in occupation on 1st February 1973 to become tenants

1. (1) Notwithstanding anything contained elsewhere in this Act or any thing 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 become, for the purposes of this Act, the tenant of the landlord, in respect of the premises or part thereof, in his occupation.
2. (2) The provisions of sub-section
3. (1) shall not affect in any manner the operation of sub-section
4. (1) of section 15 after the date aforesaid.

1. (1) The Court shall when passing a decree on the ground specified of clause
   • (h) of sub-section
2. (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.
3. (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.
4. (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 within 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.
5. (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.

1. (1) Where a decree for eviction has been passed by the Court on the ground specified in clause
   • (g) or
     • (i) of sub-section
2. (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.
3. (2) Any landlord who recovers possession on the ground specified in clause
   • (g) or
     • (i) of sub-section
4. (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
5. (1) shall, on conviction, be punishable with imprisonment for a term which may extend to three months or with fine or with both.

1. (1) Where a decree for eviction has been passed by the Court on the ground specified in clause
   • (hh) of sub-section
2. (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.
3. (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
4. (14) of section 2 of the Code of Civil Procedure, 1908.
5. (3) Any landlord who recovers possession on the ground specified in clause
   • (hh) of sub-section
6. (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
7. (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.

Where a decree for eviction has been passed by the Court on the ground specified in clause

1. (hh) of sub-section

1. (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 tenements : Provided that, in respect of a 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 obtains 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 on which he occupied the premises immediately before the eviction.

1. (1) On receipt of 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 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
2. (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.

1. (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 of his ownership on the date of the offence such premises shall be liable to confiscation.
2. (2) Where any fine, premium or other like sum or deposit or any consideration referred to in sub-section
3. (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.
4. (3) Nothing in this section shall apply to any payment made under any agreement entered into before the first day of September 1940 [or to 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 a residential building or a residential section of a building on the land held by him as an owner, a lessee or in other capacity, entitling him to build on such land, under an agreement which shall be in writing and, 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 rateably 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]
5. (4) If any landlord who has received a loan under an agreement in accordance with the provisions of sub-section (3), contravenes, 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 I.—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 purpose 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 and 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.]

1. (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 of claim or receive any sum or any consideration as a condition of the relinquishment [, transfer or assignment] of his tenancy of any premises.
2. (2) Any tenant or person who in contravention of the provisions of sub-section
3. (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.

[(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 him 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.]

1. (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 of 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. (2) Any landlord who fails to furnish such statement or any landlord or his agent who intentionally furnishes a statement which is false in any material particular [shall, on conviction, be punished] with fine which may extend to one thousand rupees.

1. (1) Every tenant who, [before the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959,] 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. (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 fine which may extend to one thousand rupees.

1. (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. (2) If the landlord neglects to make any repairs, which he is bound to make under sub-section (1), within a reasonable time after a notice 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 the expenses incurred for such repairs :

Tenant entitled to put up radio or television aerial at his own cost

1. (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 his 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. (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.

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) 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 a further direction by the Court to that effect] to fine which may extend to

Conversion of residential into non-residential premises prohibited.

1. (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. (2) Any landlord who contravenes the provisions of sub-section
3. (1) shall, on conviction, be punishable with imprisonment for a term which may extend to three months or with fine or with both.

Giving receipt for any amount received compulsory.

26.

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) 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.

Recovery of rent according to British Calendar

27.

1. (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. (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.

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,

1. (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]
2. (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 Part 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)
3. (a) Notwithstanding anything contained in clause
4. (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 Cause 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.
5. (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, proceeding or application, as the case may be, may either re-try it or proceed from the stage at which it was withdrawn.
6. (c) The Court of the Civil Judge trying any suit, proceeding or application withdrawn under clause
7. (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.

1. (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. (2) of section 28] 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 up to which the Judge or Court specified in clause
   • (b) in invested with jurisdiction of a Court of Small Causes, under any law for 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
3. (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.]
4. (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 judges specified in clause
   • (a) of sub-section
5. (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].

Saving of suits involving title

29A. 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.

Compensation in respect of proceedings which are not bona fide or are false, frivolous or vexatious.

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 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.

Procedure of courts. The courts specified in sections 28 and 29 shall allow the prescribed procedure in trying and hearing suits, proceedings, applications and appeals and in executing orders made by them.

Hotels and Lodging Houses

Appointment of Controller. 32. 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.

1. (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 Contoller may also fix the percentage of accommodation] of daily and monthly lodgers respectively, in hotel or lodging house.]
2. (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. (3) The Controller may fix fair rates separately for daily and monthly lodgers.
4. (4) The Controller 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.]

The Controller may, from time to time, revise the fair rates, [the percentage of accommodation] or the number of lodgers fixed under section 33.

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.

Where under section 33 or section 34 the Controller has fixed or revised the fair rate, [the 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, [the 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.

1. (1) Notwithstanding any agreement to the contrary no manager of hotel or owner of a lodging house shall charge any amount in excess of the fair rate.
2. (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 construed as if it were an agreement for payment of the said fair rate.
3. (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.

No manager of a hotel or owner of a lodging house shall evict or 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 secion 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 a owner of a lodging house may refuse accommodation to any daily or monthly lodger, as the case may be, if the accommodation in resepect of such class of lodgers is fully occupied.

Notwithstanding anything contained in the 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—

1. (a) the lodger has been guilty of conduct which is a nuisance or an annoyance to any adjoining or neighbouring lodger;
2. (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 owner’s interest therein.]

1. (1) If any manager of a hotel or owner of a lodging house 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 a manager of a hotel or owner of a lodging house receives 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. (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 punished with imprisonment which may extend to three months or with fine or with both.
3. (3) Any manager of a hotel or a 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. (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 any lodger in contravention of the povisions of section 38 and without obtaining certificates from the Controller under section 39, shall, on conviction, be punished with im-prisonment 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.]

1. (1) No order under this Act shall be made by the Controller except after holding an inquiry.
2. (2) Every such inquiry shall be made summarily in the prescribed manner.
3. (3) For purposes of holding an inquiry under sub-section
4. (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.
5. (4) The Controller may himself enter or authorize any person subordinate to him to enter upon any premises, hotel or lodging house or any part thereof to which the inquiry relates.

An appeal shall lie to the [State] Government from an order passed by the Controller under the provisions of this Part (including an order granting or refusing a certificate under section 39) within fifteen days from the date of communication of the order and the [State]

Procedure of courts in suits

1. (1) The provisions contained in sections 28, 29, 30 and 31 shall, [subject to the provisions of sub-section (2),] apply to suits by a manager of a hotel or owner of a lodging house against a lodger for recovery of charges for, or possession of, the accommodation provided in the hotel or lodging house.
2. (2) Pending the final decision of the suit for recovery of charges for the accommodation provided in a hotel or lodging house, the manager of the hotel or the owner of the lodging house may make an application to the Court requiring the lodger to deposit in Court the amount of such charges. On such application, the Court shall forthwith make an order directing the lodger to deposit in Court such amount of charges within such period as it thinks fit and shall serve [the order upon the lodger and a copy thereof upon the manager] of the hotel or the owner of the lodging house.

Controller to be deemed public servant A Controller appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

All proceedings before a Controller shall be deemed to be judicial proceedings for the purposes of sections 193 and 228 of the Indian Penal Code.

No suit, prosecution or other legal proceeding shall lie against a Controller in respect of anything in good faith done or intended to be done under this Act.

Miscellaneous

1. (1) Offences under sections 16, 17, [17A, 17C,] 18, 19, sub-section
2. (4) of section 24, section 25 and [sub-sections (1),
3. (2) and (5)] of section 40 shall be cognizable and shall not be triable by any Court inferior to that of a Presidency Magistrate or a Magistrate of the First Class.
4. (2) Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, 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.

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.

1. (1) The [State] Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for—
   • (ai) the manner in which addition to the rent shall be made under sub-section
3. (1) of section 10D;
   • (i) the form and the manner in which a receipt is to be given under sub-section
4. (1) of section 26;
   • (ii) 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 the British calendar under sub-section
5. (2) of section 27;
   • (iii) 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;
   • (iv) the manner in which inquiries shall be made summarily under sub-section
6. (2) of section 41;
   • (v) levy of court-fees in suits, proceedings and applications instituted before a Court or Controller;
   • (vi) any other matter which has to be, or may be, prescribed.
7. (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 that rule.]

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, a possession of, the accommodation provided in the hotel or lodging house situate 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—

1. (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
2. (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. †Section 13 of Bom. 3 of 1949 reads as follows :- "13. Sections 10 and 11 to have retrospective effect.—The amendments made by sections 10 and 11 of this Act shall be deemed to have been made and come into force on the date on which the said Act came into force and shall always be deemed to have been made and in force from such date: Provided that the validity of any decree or order passed in any suit or proceeding referred to in section 50 of the said Act between the 13th day of February 1948 and the 3rd day of February 1949 shall not be questioned only on the ground that such suit or proceeding should have been decided and disposed of in accordance with the provisions of the said Act and not in accordance with the provisions of any of the enactments repealed by the said Act or vice versa and any execution proceedings or appeals arising out of such decree or order shall be decided and disposed of in accordance with the provisions of the said Act or the enactments repealed in accordance with which, as the case may be such decree or order was passed."

For the removal of doubt, it is hereby declared that, unless there is anything repugnant in the subject or context references to suits or proceedings in any Act shall include reference 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)] (i) The City of Bombay. (i) Poona City- (ii) The Bombay Suburban District. (1) Lonavala Municipal Borough. (iii) The Thana District. (2) Poona City Municipal Borough. (iv) The Nasik District. (3) Poona Suburban Municipal Borough. (v) (4) Poona Cantonment. (f) Ahmednagar District- (5) Aundh Road area which is under the jurisdiction of the Dapoli Gram Panchayat near Kirkee. (1) Ahmednagar Municipal Borough. (6) The Village of Dapoli, Haveli Taluka. (2) Ahmednar Cantonment. (7) Baramati Municipal District. (3) Sangamner Municipal District. (4) Kopargaon Municipal District. (j) Satara District-- (5) Shrirampur Municipal District. (1) Satara City Municipal Borough. (6) Akola Village. (2) Satara Suburban Municipal District. (7) Rahuri Budruk Village. (3) Karad Municipal Borough. (8) Newasa Budruk Village. (4) Wai Municipal District. (9) Shevgaon Village. (5) Panchgani Municipal District. (10) Shrigonda Village. (6) Mahabaleshwar Municipal District. (11) Pathardi Village. (7) Tasgaon Municipal District. (12) Karjat Village. (13) Jamkhed Village. (k) Sholapur District-- (14) Parner Village. (1) Sholapur Municipal Borough. (15) Belapur Budruk Village. (2) Barsi Municipal Borough. (16) Newasa Khurd Village. (3) Pandharpur Municipal Borough. (17) The Revenue Village of Rahuri Khurd. (4) Karmala Municipal District. (18) The Revenue Village of Belapur Khurd. (5) Sangola Municipal District. (6) Madha Village. (g) East Khandesh District- (7) Mahol Village. (1) Jalgaon Municipal Borough. (8) Malsiras Village. (2) Bhusawal Municipal Borough. (9) Kurduwadi Village. (3) Amalner Municipal Borough. (10) Tembhurni Village. (4) Chalisgaon Municipal Borough. (11) Akluj Village. (5) Pachora Municipal District. (12) Vairag Village. (6) Chopda Municipal District. (7) Yawal Municipal District. (p) Kolaba District-- (8) Raver Municipal District. (1) Alibag Municipal District. (9) Savda Municipal District. (2) Mahad Municipal District. (10) Faizpur Municipal District. (3) Panvel Municipal District. (4) Pen Municipal District. (h) West Khandesh District- (5) Roha-Ashtami Municipal District. (1) Nadurbar Municipal District. (6) Uran Municipal District. (2) Dhulia Municipal Borough. (7) Karjat Village. (p) Kolaba District-contd. (q) Ratnagiri District- (1) Ratnagiri Municipal Borough. (2) Chiplun Municipal District. (3) Malwan Municipal District. (4) Vengurla Municipal District.

(i) The City of Bombay. (ii) Ahmednagar District— (iii) East Khandesh District— (1) Ahmednagar Municipal Borough. (1) Jalgaon Municipal Borough. (2) Ahmednagar Cantonment. (2) Bhusaval Municipal Borough. (3) Sangamner Municipal District. (3) Amalner Municipal Borough. (4) Kopargaon Municipal District. (4) Chalisgaon Municipal Borough. (5) Shrirampur Municipal District. (5) Pachora Municipal District. (6) Akola Village. (6) Chopda Municipal District. (7) Rahuri Budruk Village. (7) Yawal Municipal District. (8) Newasa Village. (8) Raver Municipal District. (9) Shevgaon Village. (9) Savda Municipal District. (10) Shrigonda Village. (10) Faizpur Municipal District. (11) Pathardi Village. (iv) West Khandesh District— (12) Karjat Village. (1) Dhulia Municipal Borough. (13) Jamkhed Village. (2) Nandurbar Municipal District. (14) Parner Village. (v) Poona District— (15) Belapur Budruk Village. (1) Poona City Municipal Borough. (16) Newasa Khurd Village. (2) Poona Suburban Municipal Borough. (17) The Revenue Village of Rahuri Khurd. (3) Poona Cantonment. (18) The Revenue Village of Belapur Khurd. (4) Kirkee Cantonment. (5) Lonavala Municipal Borough including the Khandala area. (6) Dhond Municipal District:

(See section 10A) (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. (b) Thana District—contd. (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. 1 This Schedule was added by Bom. 3 of 1949, s. 12. 2 The heading "(c) Ahmedabad District " and sub-entries thereunder were omitted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.