Definitions

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; (