Vidhi Codex

section 10B

Proportional recovery of riot tax after certain date permitted

The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
General194772 sections2 chapters
Read full ActSections
Statutory text
  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.

Study data processing for this section.

PDF: pending for this language.