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

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 
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GOVERNMENT OF GUJARAT 
 
 
 
 
 
 
 
 
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT 
 
 
 
 
 
 
 
 
Bombay Act No. LVII of 1947 
 
 
 
 
 
 
 
 
The Bombay Rents, Hotel and 
Lodging House Rates Control Act, 
1947 
 
 
 
 
 
 
 
 
(As modified up to the 30th September, 2007) 
 
 
 
 
 
 
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 
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THE BOMBAY RENTS, HOTEL AND LODGING HOUSE RATES  
CONTROL ACT, 1947. 
------------------ 
CONTENTS 
PREAMBLE 
SECTIONS.         
PART I. 
Preliminary. 
 
1. Short title. 
 
2. Extent. 
 
2A. Act to apply to Saurashtra and Kutch areas with certain modifications. 
 
3. Commencement and duration. 
 
4. Exemptions. 
 
4A. Power of State Government to issue orders in respect of premises belonging 
to local authority. 
 
5. Definations. 
PART
 II. 
Residential and other Premises. 
 
6. Application. 
 
7. Rent in excess of standard rent illegal. 
 
8. Cases where rent to be deemed and not to be deemed to be increased. 
 
9. Increase in rent on account of improvement, etc., excepted. 
 
10. Increase in rent on account of payment of rates, etc., excepted. 
 
10A. Increase in rent on account of payment of increased rates, etc., after 31st 
March, 1949 not permited in certain areas. 
 
10AA. Increase in rent on account of payment of increased rates, etc., permited after 
certain date in certain areas. 
 
10B. [Omitted.] 
 
10C. Increase in rent excepted. 
 
10CC. Increase in rent of premises used for cinema in Saurashtra and Kutch areas 
and former Baroda State territories. 
 
10D. Increase in rent on account of repairs excepted. 
 
10E. Increase in rent on account of payment of increased ground rent, etc. 
 
11. Court may fix standard rent and permitted increases in certain cases.  
 
11A.     Right of tenants in new building in disturbed areas. 
 
11B. Right of tenants in new building when premises damaged or destroyed due to 
natural calamity. 
 
12. No ejectment ordinarily t o be made if tenant pays or is ready and willing to 
pay standard rent and permitted increase. 
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 
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SECTIONS.         
 
13. When landlord may recover possession. 
 
13AA. Right of members of armed forces of Union and their widows and heirs to 
recover possession of premises required for their occupation. 
 
13A. Permission to construct additional structure. 
 
14. Sub-tenant to become tenant on determination of tenancy. 
 
15. In the absence of the contract to the contrary, tenant not to sublet or transfer. 
 
15A. Landlord's permission necessary for giving on licence. 
 
16. Recovery of possession for repairs and re-entry. 
 
17. Recovery of possession for occupation, etc. and re-entry.  
 
17 A Recovery of possession for demolishing building. 
 
17B. Tenent's right to give notice to landlord of his intention to occupy tenement in 
new building. 
 
17C. Landlord to intimate to tenant date of completion and tenant's right to occupy 
tenement in new building. 
 
17D. Vesting of original site in State Government. 
 
18. Unlawful charges by landlord. 
 
19. Unlawful charges by tenant. 
 
20. Recovery of amounts paid not in accordance with Act. 
 
21. Landlord to furnish particulars of rent, etc., to tenant. 
 
22. Particulars to be furnished by tenant of tenancy sub-let or transferred before 
the Bombay Rents  Hotel and Lodging H ouse Rates Control (Amendments) 
ordinance, 1959. 
 
23. Landlord's duty to keep premises in good repair. 
 
23A. Tenant entitled to supply of electricity at his cost. 
 
24. Landlord not to cut off or withhold essential supply or service. 
 
25. Conversion of residential into non-residential premises prohibited. 
 
26. Giving receipt for rent compulsory. 
 
27. Recovery of rent according to British calendar. 
 
28. Jurisdiction of courts. 
 
29. Appeal. 
 
29A. Saving of suits involving title. 
 
30. Compensation in respect of proceedings which are not bona fide or are false, 
frivolous or vexatious.  
 
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 
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SECTIONS. 
 
31.  Procedure of courts. 
 
31A. Special procedure for disposal of certain applications. 
       
 
 
 
PART III. 
Hotels and Lodging Houses. 
 
32. Appointment of Controller. 
 
33. Fixation of fair rates, percentage of accommodation and number of lodgers. 
 
34. Revision of fair rates, percentage of accommodation and number of lodgers. 
 
35. Countinuance of fair rates before comming into operation of this Part. 
 
36. Notice of fair rate, percentage of accommodation and number of lodgers to be 
displayed. 
 
37. Charges not recoverable in excess of fair rate. 
 
38. No ejectment ordinarily to be made if fair rate paid. 
 
39. When manager of a hotel or owner of lodging house may recover possession. 
 
40. Penalties. 
 
41. Provisions relating to inquiries by Controller. 
 
42. Appeal. 
 
43. Procedure of courts in suits. 
 
44. Controller to be deemed public servant. 
 
45. All proceedings before a Controller to be judicial proceedings. 
 
46. Protection of action taken under this Act. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 
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PART IV. 
Miscellaneous. 
 
 
47. Certain offences to be cognizable. 
 
48. Offences by companies, etc. 
 
49. Rules. 
 
50. Repeal. 
 
51. Repeal of Sau. Act XXII of 1951 and of Bom. LVII of  1947 as extended to 
Kutch area and saving. 
 
 
SCHEDULE I. 
 
SCHEDULE IA. 
 
SCHEDULE II (Delete.) 
 
SCHEDULE III. 
 
SCHEDULE IV. 
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 
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BOMBAY ACT NO. LVII OF 1947. 1 
 
[THE BOMBAY RENTS, HOTEL AND LODGING HOUSE RETES 
CONTROL ACT, 1947.] 
[19TH JANUARY, 1948.] 
 
Amended by Bom. 36 of 1948. 
Amended by Bom. 3 of 1949. 
Amended by Bom. 53 of 1949. 
Amended by Bom. 58 of 1949.
∗ 
Amended by Bom. 59 of 1949. 
Amended by Bom. 16 of 1950. 
Adapted and modified by the Adaptation of Laws Order, 1950. 
Amended by Bom. 53 of 1950. 
Amended by Bom. 42 of 1951. 
Amended by Bom. 43 of 1951. 
Amended by Bom. 15 of 1952. 
Amended by Bom. 4 of 1953. 
Amended by Bom. 61 of 1953. 
Amended by Bom. 46 of 1954. 
+ 
Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent 
Subjects) Order. 1956. 
Amended by Bom. 18 of 1959. 
Amended by Bom. 49 of 1959. 
Adapted and modified by the Gujarat Adaptation of Laws (State and Concurrent 
Subjects) Order, 1960. 
Amended by Guj. 3 of 1961. 
Amended by Guj. 19 of 1961. 
Amended by Guj. 5 of 1963. 
Amended by Guj. 11 of 1963. 
Amended by Guj. 57 of 1963. 
Amended by Guj. 18 of 1965. 
Amended by Guj. 4 of 1969. 
Amended by the President's Act No. 5 of 1974. 
Amended by Guj. 16 of 1976. 
Amended by Guj. 15 of 1981. 
Amended by Guj. 7 of 1985. 
Amended by Guj. 30 of 1986. ** 
Amended by Guj. 6 of 1991. 
Amended by Guj. 12 of 1991. 
Amended by Guj. 26 of 2001. 
Amended by Guj. 27 of 2001. 
 
An Act to amend and consolidate the law relating to the control of rents 
and repairs of certain premises , of rates of hotels and lodging house s and of 
evictions. 
 
WHEREAS it is expedient to amend and consolidate the law relating to the 
control of rents and repairs of certain premises of rates of hotels and lodging houses 
and of evictions; It is hereby enacted as follows:- 
 
PART
 I. 
Preliminary. 
 
1. This Act may be called the Bombay Rents. Hotel and Lodging House Rates 
Control Act, 1947. 
 
2. (1) Parts I and IV of this Act shall extend to 2[the whole of the State of 
Gujarat]. 
 
(2) 3[Part II shall extend to the areas specified in Schedule I] to this Act and 
shall continue to extend to any such area notwithstanding that the area ceases 
Short title. 
Extental. 
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 
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to be of the description therein specified. 
 
4[(2A) Part II shall extend also to those areas of the Sau rashtra area of the 
State of Gujarat to which Part II of the Saurashtra Rent Control Act , 1951 
extended immediately before the commencement of the Bombay Rents, Hotel 
and Lodging House Rates Control (Gujar at Extension and Amendment) Act,  
1963. 
 
(2B) Parts II and III shall extend to those areas of the Kutch area of the State 
of Gujarat to which Parts II and III of the Bombay Rents, Hotel and Lodging 
House Rates Control Act , 1947, as applied to the said Kutch area extended 
immediately befor e the commencement of the Bombay Rents , Hotel and 
Lodging House Rates Control (Gujarat Extension and Amendment) Act, 
1963.] 
 
(3) The 5[State] Government may by notification in the Official Gazette, ex - 
tend to any other area any  or all of the provisions of  Part II or Part III or of 
both. 
 
(4) The 5[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 provision shall cease to be in force in 
such area. 
 
6[2A. In its application to the Saurastra area and the Kutch area of the State  of 
Gujarat this Act shall be amended in the m anner as set forth in Parts 1 and II 
respectively of Schedule IA.] 
 
3. (1) This Act shall come into operation on such date as the 
7[State] 
Governemnt may, by notification in the Offic ial Gazette, appoint in this 
behalf: 
 
8[Provided that in the areas to which this Act is extended by the 
Bombay Rents, Hotel and Lodging House Rates Control (Gujarat Extension 
and Amendment) Act, 1963 this Act shall com e into force on the date on 
which the Bombay Rents, Hotel and Lodging House Rates Control (Gujarat 
Extension and Amendment) Act, 1963 comes into force.] 
 
(2) It shall remain in force upto and inclusive of 9[ 10[ 11[ 12[31st day of March 
2011]]]]. 
 
13[  *  *  *  *  *  *  * ] 
 
(3) Section 7 of the Bombay General Clauses Act, 1904 shall apply upon the 
expiry of this Act or upon this Act as any provision thereof ceasing to be in 
force in any area, as if it had then been repealed by a 
14[Gujarat Act]. 
 
4. (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 or other 
like relationship created by grant from the Government in respect of premises 
taken on lease or requisitioned by the Government; but it shall apply in 
respect of premises let to the Government or a local authority. 
 
15[(1A) This Act shall not apply to— 
 
(a) any premises constructed on or after the commencement of the 
Bombay Rents, Hotel and Lodging House Rates Control (Gujarat 
Second Amendment) Act, 2001 (hereinafter reffered to as "the 
amending Act"); 
 
(b) any existing premises which is self -occupied by the owner or 
vacant on or after the commencement of the amending A ct, and is let 
Sau. Act. XXII of 
1951. Guj. LVII of 
1963. 
Guj. LVII of 1963. 
Act to apply to 
Saurashtra and Kutch 
areas with certain 
modifications. 
Commencement 
and duration. 
Guj. LVII of 1963. 
Guj. LVII of 1963. 
Bom. I of 1904. 
Exemptions. 
Guj. 27 of 2001. 
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 
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after such commencement; 
 
for a period of ten years from the date of the commencement of the 
amending Act. 
 
Explanation.-For the purposes of this section, "existing premises" 
means any premises which exists on the date of the commencement of  the 
amending Act.] 
 
(2) The 16[State] Government 17[may, by a notification in the Official Gazelle 
direct] that all or any of the provisions of this Act 18[shall not, subject to such 
conditions and terms, as it may specify, 19[apply,- 
 
(a) generally-]] 
 
20[(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; 
 
21[ * * * * * *] 
 
(iii) to premises held by a public trus t for a religious or 
charitable purpose and administered by 22[a local authority; 
or]] 
 
23[(iv) to premises vested by or unde r the Charitable 
Endowments Act, 1890, in the Treasurer of Charitable 
Endowments for India or for any State; or] 
 
24[(v) to premises constructed or purchased out of the Public 
Trusts Administration Fund established under section 57 of 
the Bombay Public Trusts Act, 1950 and vesting in the 
Charity Commissioner; or 
 
25[(b) for special reasons to be recorded to any particular premises of 
the nature referred to in sub-clause (i), (ii) or (iii) of clause (a).] 
 
26[Explanation.- For the purpose of this section "public trust" means a 
public trust registered or deemed to be registe red under the Bombay Public 
Trusts Act, 1950 or a Wakf registered or deemed to be registered under the 
Muslim Wakfs Act, 1954.] 
 
27[(3) The 16[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.] 
 
28[(4) (a) The expression "premises belonging to the Government or a local 
authority" in sub-section (1) shall, notwithstanding anything 
contained in the said sub-section or in any judgement, decree or order 
of a court, not include a building erected on any land held by any 
person from the Government or local authority under an agreement, 
lease or other grant, alt hough having regard to the provisions of such 
agreement, lease 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 conta ined in section 15 such person 
shall be entitled to create a tenancy in respect of such building or a 
part thereof 29[whether before or after the commencement of the 
VI of 1890. 
Bom. XXIX of 
1950. 
Bom. XXIX of 
1950. 
XXIX of 1954. 
Bom Ord. No. III of 
1959. 
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 
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Bombay Rents, Hotel and Lodging House Rates Control 
(Amendment) Ordinance, 1959.]] 
 
30[4A. 31[(1)] Notwithstanding anything contained in this Act, the State Government 
may from time to time by a general or special order direct that ex emption 
granted to a local authority under sub-section (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 premises belonging to the local authority with effect from 
such date, either before or after the commencement of the Bombay Rents, 
Hotel and Loding House Rates Control (Second Amendment) Act, 1953, as 
the State Government may in its discretion determine:] 
 
32[Provided that after the commencement of the Bombay Rents, Hotel 
and Lodging House Rates Control (Gujarat Extension and Amendment) Act, 
1963, no such order shall be made so as to have retrospective effect.] 
 
33[(2) If a local authorit y fails to comply with, or contravenes, any of the 
conditions or terms specified under sub-section (1) in respect of any premises 
belonging to that authority, the State Government may, by order, direct that 
the exemption of the premises of the local authority under sub-section (1) of 
section 4 shall cease to have effect from such date as may be specified in the 
order, and thereupon, the relevant provisions of this Act shall apply thereto as 
they apply to other premises : 
 
Provided that, no such order shall be made, until the local authority 
has been given a reasonable opportunity of showing cause against the order to 
be made against it.] 
 
5. In this Act unless there is anything repugnant to the subject or context—  
 
(1) "fair rate" means the rate fixed under section 33 and includes the rate as 
revised under section 34; 
 
(2) "hotel or lodging house" means a building or a part of a building where 
lodging with or without board or other service is 
34[by way of business] 
provided for a monetary consideration; 
 
(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; 
 
(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; 
 
(5) "manager of a hotel" includes any person in charge of the management of 
a hotel; 
 
(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; 
 
(7) "permitted increase" means an increase in rent permitted under the 
provisions of this Act; 
 
(8) "premises" means—  
 
Power of State 
Government to 
issue orders in 
respect of premises 
belonging to Local 
authority. 
Bom LXI of 1953. 
Guj. LVII of 1968. 
Definitions. 
V of 1908. 
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 
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(a) any land not being used for agricultural purposes, 
 
(b) any building or part of a building let 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; 
 
(9) "prescribe" means prescribed  by rules and prescribed shall be construed 
accordingly; 
 
35[(9A) "specified date" means- 
 
(a) in relation to premises situated in the Bombay area of the State of 
Gujarat 36[ excluding the areas of the merged territories of the former 
State of Baroda] the first day of September, 1940; 
 
(b) in relation to premises situated in the Saurashtra area of the State 
of Gujarat, the first day of January, 1941; 
 
(c) in relation to premises situated in the Kutch area of the State of 
Gujarat, the tenth day of November, 1942]; 
 
(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) where the standard rent is not so fixed; subject to the provisions of 
section 11 
 
(i) the rent at w hich 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) "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 37[before the commencement of the Bombay Rents. Hotel and 
Lodging House Rates Control (Amendment) Ordinance, 1959]; 
 
 
Bom. XVI of 1939. 
Bom. VII of 1944. 
Bom. Ord. No. III 
of 1959. 
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 
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38[(aa) any person to whom interest in premises has bee n transferred 
under the proviso to 39[sub-section (1) of ]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 pers on or his predeccessor who has derived title 
37[before the commencement of the Bombay Rents , Hotel and 
Lodging House Rates Control (Amendment) Ordinance. 1959;] 
 
40[(c) (i) in relation to premises let for residence, any member of the 
tenants’ family residing with the tenant at the time of , or 
within three months immediately preceding, the death of the 
tenant as may be decided in default of agreement by the 
Court, and 
 
(ii) in relation to premises let for business, trade or storage, 
any member of the tenant' s family carrying on business, trade 
or storage with the tenant in the said premises at the time of 
the death of the tenant as may continue, after his death, to 
carry on the business, trade or storage as the case may be, in 
the said premises and as may be decided in default of 
agreement by the Court;] 
 
41[(12) "tenement" means a room or group of rooms rented or offered for rent 
as a unit.] 
 
PART II. 
Residential and other premises. 
 
6. (1) In areas specified in Schedule I, this Part shall apply to premises let for 
residence, education, business, trade 42[or] storage 43[and also to open land let 
for building purposes ]: 
 
44[Provided that the 45[State] Government may, by notification in the 
Official Gazelle, direct that in any of said areas, this P art shall cease to apply 
to premises, let for any of the said purposes:] 
 
46[Provided further that the State Government may by like notification 
direct that in any of the said areas this P art shall re -apply to premises let for 
such of the aforesaid purposes as may be specified in the notification.] 
 
47[(1A) The 45[State ] Government may, by notification in the Official 
Gazelle, direct that in any of the said areas, this Part shall apply to premises 
let for any other purpose.] 
 
(2) In areas to which this Part is extended under sub-section (3) of section 2, 
it shall apply to premises let for such of the purposes referred to 48[in sub-
section (1) or notified under sub-section (1A)] or let for such standard rent as 
the 45[State] Government may, by notification in the Official Gazelle, specify. 
 
7. Except where the rent is liabe to periodical increment by virtue of an agreement 
entered into before the 49[specified date] it shall not be la wful 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 A ct, 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. 
 
8. (1) Where, as the result of any alteration of the terms of the tenancy, the terms 
on which any premises are held are on the whole less favourable to the tenant 
than the previous terms, the rent shall be deemed to be increased for the 
purposes of this Part whether the sum payable as rent is increased or not. 
Bom. Ord. No. III 
of 1959. 
Application. 
Bom. XVI of 1939. 
Bom. VII of 1944. 
Rent in excess of 
standard rent 
illegal. 
Cases where rent to 
be deemed and not 
to be deemed to be 
increased. 
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 
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(2) Where, as the result of any alteration of the terms of the tenancy, the terms 
on which any premises are held are not on the whole less favourable to the 
tenant than the previous terms, the rent shall not be deemed to be i ncreased 
for the purposes of this Part whether the sum payable as rent is increased or 
not. 
 
9. 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 improvement and alterations do not include the 
repairs which the landlord is bound to make under sub-section (1) of section 23. 
 
10. 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 
entiled to make an increase in the rent of the premises by an amount not exceeding 
the increases paid by him 
50[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 51[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. 
 
52[ 10A. Not withstanding anything contained in section 10,- 
 
(1) 53[if in any area] specified in Schedule III to 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 Act, 1933, as the case may be. is 
increased after the 31st day of March, 1949 a landlord shall not, in respect of 
any premises situated 
54[* * *] in any of the areas specified in the said 
Schedule 55[* * *] 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; 
 
56[*  * * * * * * * *] 
 
(3) The 57[State] Government may by notification publised in the Official 
Gazette direct that in any area other than 58[* * *] those specified in Schedule 
III, a landlord shall not be entitled to make any increase in rent in respect of 
any premises situ ate 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 
purpose on buildings, houses or lands after such date, as may be specified in 
the notification;] 
 
59[(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 on buildings, houses  or 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.] 
 
60[10AA. (1) Notwithstanding anything contained in sections 10 and 10A,- 
 
(a) 61[if in the City of Ahmedabad] the general tax levied under 
section 129 of the Bombay Prov incial Municipal Corporations Act, 
1949, or in any other area to which clause (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 enactment referred to in the said clause (1) is increased after the 
31st day of March, 1949, a landlord, in respect of any premises 
Increase in rent on 
account of improve- 
ments, etc. 
excepted. 
Increase in rent on 
account of payment 
of rates, etc. 
excepted. 
Increase in rent on 
account of payment 
of increased rate, 
etc. after 31st 
March, 1949 not 
permitted in certain 
areas. 
Bom. XVIII of 
1925. Bom. III of 
1901. II of 1924. 
Bom. VI of 1933. 
Bom. LIX of 1949. 
Increase in rent on 
account of payment 
of increased rates, 
etc., permitted after 
certain date in 
certain areas. Bom. LIX of 1949. 
Bom. LXI of 1953. 
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 
13 of 45 
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 (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 pay ment by him of an increase in the rate or 
tax imposed or levied by any local authority for its own purpose on 
buildings, houses or lands after the date specified in such notification: 
 
Provided that the increases 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 Immoveable Property Tax is reduced after the 31st day of 
March, 1949 ; or 
 
(ii) five per cent of the standrd rent, whichever is Jess. 
 
(2) Any increase made under sub-section (1) shall not be deemed to be an 
increase for the purpose of section 7.] 
 
10B. [ Proportional recovery of riot tax after certain date permitted.] O mitted by the 
Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 
 
62[10C. (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 cloumn 2 below :- 
 
1        2 
 
(1) Residential premises the rent of   Not exceeding 5 per cent of  
which does not exceed Rs. 20    the standard rent. 
per month. 
 
(2) Residential premises the rent of  Not exceeding 7 1/2 per cent.  
which exceeds Rs. 20 per mouth  of the standard rent. 
but does not exceed Rs. 80 per month. 
 
(3) Residential premises the rent of  Not exceeding 10 per cent. of  
which exceed Rs. 80 per month.  the standard rent. 
 
(4) Non-residential premises other than 
those specified in items (5) and (6) below :- 
 
(a) the rent of which does not    Not exceeding 7 1/2 per cent.  
exceed Rs. 50 per month.   of the standard rent. 
 
(b) the rent of which exceeds   Not exceeding 12 1/2 per cent.  
Rs. 50 per month.    of the standard rent. 
 
Increase in  
rent Excepted.  
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 
14 of 45 
63[(5) Premises interest in which is  Not exceeding 25 percent. 
transferred under the proviso to   of the standared rant. 
64[sub-section (1) of] section 15 on or  
after the date of the coming into force of  
theBombay Rents, Hotel and Lodging  
HouseRates Control (Second Amendment)  
Act, 1953,as incidental to the sale of a  
business togetherwith the stock-in-trade  
and goodwill thereof. ] 
 
(6) Premises used for the purposes  Not exceeding 50 per cent. of 
of  a cinema.     the standard rent. 
 
(2) Any increase under sub-section (1) shall not be deemed to be an increase 
for the purposes of section 7. 
 
(3) Nothing contained in sub-sections (1) and (2) shall apply to premises to 
which this Part has been a pplied in the areas of the merged territories of the 
former State of Baroda to which this Part has been extended. 
 
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 (8) of section 5.] 
 
65[10CC. (1) In the Saurashtra area and the Kutch area of the State and in the 
areas of the merged territories of the former Baroda State, in the case of 
premises let on or before the specified date and used for the purposes of a 
cinema, a landlord shall also be entitled to make an increase in the rent of 
such premises by an addition to the rent at a rate not exceeding fifity per cent . 
of the standard rent. 
 
(2) Any increase under sub-section (1) shall not be deemed to be an increase 
for the purposes of section 7. 
 
Explanation.-For the purposes of this section, the expression 
"premises" shall have the same meaning as  is assigned to it in sub-clause (b) 
of clause (8) of section 5.] 
 
66[10D. (1) Subject to the provisions of sub-sections (2) and (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 or heavy repairs or special additions 
to permises or special alterations made therein of additional amenities 
provided for the premises or on account of improvements or structural 
alterations made under section 9 : 
 
Provided that the incereases permitted by this sub-section shall not, in 
respect of improvements or structural alterations, be in addition to the 
increase already made under section 9 and shall after the commencement of 
the Bombay Rents, Hotel and Lodging House Rates Control (Second 
Amendment) Act, 1953, be in substituti on of the reasonable incerease 
permitted under that section, notwithstanding anything contained therein. 
 
(2) Before making any increase under sub-section (1), the landlord shall 
obtain a certificate from the local authority that he was required by it to m ake 
or to provide such repairs, additions, alterations, improvements or amenities 
and has completed them in confornity with its requirements or shall obtain the 
consent in writing of the tenant or of majority of tenants occupying the 
premises in the building. 
 
(3) Any increase under sub-section (1) shall not be deemed to be an increase 
Increase in rent of 
premises used for 
Cinema in 
Saurashtra and 
Kutch areas and 
former Baroda State 
territories. 
Increase in rent on 
account of repairs 
excepted. 
Bom. LXI of 1953. 
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 
15 of 45 
for the purposes of section 7. 
 
(4) If a landlord, when required by a local authority to execute the work of 
any such repairs, additions, improvements, alterations, or amenit ies, fails to 
do so the tenant or the tenants interested in such work may seek the approval 
of the local authority for executing such work. The local authority shall grant 
the approval unless other measures are taken by it to execute the said work. 
While granting the approval, the local authority shall specify the nature of the 
work and the estimated cost thereof which shall for all purposes be binding on 
the landlord. Upon such approval being granted, the tenants shall be entited to 
execute the said work a nd to deduct the amount of the expenses thereof from 
the rent which from time to time becomes due by them to the landlord or 
otherwise recover such amount from him : 
 
Provided that where such work is jointly executed by the tenants the 
amount to be deducte d or recovered by each tenant shall bear the same 
propertion as the rent payable by him in respect of his premises bears to the 
total amount of the expenses incurred for such work : 
 
Provided further that the total amount so deducted or recoverable 
shall not exceed the estimated cost specified by the local authority. 
 
(5) In respect of any work executed by the tenants under sub-section (4) the 
landlord shall not be entitled to make the increase permitted under sub-section 
(1). 
 
Explanation.-For the purposes  of this section, the expression "local 
authority" shall include the Municipal Commissioner.] 
 
67[10E. (1) Where a loandlord is liable to pay in respect of any premises, any levy of, 
or increase in, the ground rent, non agricultural asseasment or any other tax 
on land imposed by the State Government, he shall be entitled to make an 
incerease in the rent of the premises by an amount not exceeding the increase 
paid by him by way of such ground rent, non-agricultural assessment or tax, 
as the case may be. The amount of such increase in rent to be recovered from 
tenant shall bear the same proportion as the rent payable by him in respect of 
his premises bears to the total amount of the rent rec overable for the whole of 
the premises if let. 
 
(2) Any increase under sub-section (1) shall not be deemed to be an increase 
for the purposes of section 7.] 
 
11. (1) In any of the followi ng cases the Court may, upon an application made to 
it for that purpose, or in any suit or proceeding, 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 
68[specified date] 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 w ere let in any one of the 
cases mentioned in sub- clauses (i) to (iii) of clause (b) of sub-section 
(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 as a whole, or for any 
other reasons, any difficulty arises in giving effect to this Part; or 
 
(d) where any premises have been or are let rent -free or at a nominal 
rent or for some consideration in addition to rent; or 
Increase in rent on 
account of payment 
of increased ground 
rent, etc. 
Court may fix 
standard rent and 
permitted increase 
in certain cases. 
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 
16 of 45 
 
(e) where there is any dispute between the landlor d and the tenant 
regearding the amount of standard rent. 
 
(2) If there is any dispute between the landlord and the tenant regarding the 
amount of permitted increase the Courts may determine such amount. 
 
69[(3) If any application for fixing the standard re nt or for determining the 
permitted increase is made by a tenant who has received a notice from his 
landlord under sub-section (2) of section 12, the Court shall make an order 
directing the tenant to deposit in Court forthwith, and thereafter monthly or 
periodically, such amount of rent or permitted increases as the Court 
considers to be reasonably due to the landlord pending the final decision of 
the application, and a copy of such order shall be served upon the landlord. 
Out of the amount so deposited, the Court may make order for the 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 his 
application shall be dismissed. 
 
(4) Where at any stage of a sui t 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 such amount of rent as 
the Court considers to be reasonably due to the landlord. The Court  may 
further make an order directing the tenant to deposit in Court, monthly or 
periodically, such amount as it considers proper as interim standard rent 
during the pendency of the suit. The Court may also direct that if the tenant 
fails to comply with any such order 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. 
 
(5) No appeal shall lie  from any order of the Court made under sub-section 
(3) or (4). 
 
(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.] 
 
70[11A. Where by reason of any riot or violence of mob any material part of the 
premises in a disturbed area is wholly destroyed or rendered substantially and 
permanently unfit for the purpose for which it was let,- 
 
(a) the landlord shall erect the new building at the original site subject to the 
provisions of any rules, bye-laws or regulations made by a local authority not 
later than fifteen months from the date of the publication of the notification in 
the Official Gazette, issued under sub-section (1) of section 3 of the Gujarat 
Pohibition of Transfer of Improvable Property and Provision for Protection of 
Tenants from Eviction from Premises in Disturbed Areas Act, 1991 or the 
date on which the material part of premise s of the building is wholly 
destroyed or rendered substantially and permanently unfit, whichever is later: 
 
Provided that the State Government may for sufficient reasons extend 
the period of fifteen months to such further period not exceeding nine months 
as it thinks fit, 
 
(b) the tenant shall have the right to occupy a tenament in the new building 
erected at the original site by the landlord, and the provisons of sections 17B 
and 17C shall, so far as may be, apply. 
 
 
Right of tenants in 
new building in 
disturbed areas. 
Guj. 12 of 1991. 
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 
17 of 45 
Explanation.--In this section and in sub-section (1A) of section 12,  
the expression "disturbed area" shall have the same meaning as assigned to it 
in the Gujarat Prohibition of Transfer of Immovable Property and Provision 
for Protection of Tenants from Eviction from Premises in Disturbed Areas 
Act, 1991.] 
 
71[11B. Notwithsatnading anything contained in this Act, where by reason of 
earthquake or any other natural calamity, any material pa rt of the premises is wholly 
destroyed or rendered substantially and permanently unfit for the purpose for which it 
was let,- 
 
(a) The landlord shall erect new building at the original site, subject to the 
provisions of any rules, bye -laws or regulations, made by a local authority, 
not later than twelve months from the date on which material part of premises 
of the building is wholly destroyed or rendered substantialy and permanently 
unfit: 
 
Provided that the State Government may for sufficient reasons exte nd 
the said period of twelve months to such further period not exceeding twelve 
months as it thinks fit. 
 
(b) the tenant shall have the right to occupy a tenement in the new building 
errected at the original site by the landlord, and the provisions of sections 17B 
and 17C shall, so far as may be, apply. 
 
12. (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 tar as they are consistent 
with the provisions of this Act. 
 
72[(1A) Where by reason of any riot or violence of mob any material part of 
the premises in a disturbed area is wholly destroyed or rendered substantially 
and permanently unfit for the purpose for which it was let, the landlord shall 
not be entitled to —  
 
(a) the standard rent and permitted increases due for the premises, 
 
(b) recover possession of such premises merely on the ground of 
nonpayment of standard rent and permitted increases due, during the 
period in which such premises remain so destroyed or unfit.] 
 
73[(1B) Notwithstanding anything contained in this Act, where by reason of 
earthquake or any other natural calamity, any material part of premises is 
wholly destroyed or rendered substantially and permanently unfit for the 
purpose for which it was let, the landlord shall not be entitled to—  
 
(a) standard rent and permitted increases due for the premises, 
 
(b) recover possession of such premises merely on the ground of non 
payment of standard rent and permitted increases due, 
 
during the period in which such premises remained so destroyed or 
unfit.] 
 
(2) No suit for recovery of possession shall be instituted by a landlord against 
a tenant on the ground of non payment of the  standard rent or permitted 
increases 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. 
 
Guj. 12 of 1991. 
Right of tenants in 
new building when 
premises damaged 
or destroyed due 

Excerpt shown. Open the full act in Lexace.

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