BOMBAY RENTS, HOTEL AND LODGING HOUSE RATES CONTROL (GUJARAT AMENDMENT) ACT, 1965

Preamble - THE BOMBAY RENTS, HOTEL AND LODGING HOUSE RATES CONTROL (GUJARAT AMENDMENT) ACT, 1965

THE BOMBAY RENTS, HOTEL AND LODGING HOUSE RATES CONTROL (GUJARAT AMENDMENT) ACT, 1965

[Act No. 18 of 1965]

[18th June 1965]

PREAMBLE

An act further to amend the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

It is hereby enacted in the Sixteenth Year of the Republic of India as follows: ?

Section 1 - Short title and commencement

(1)     This Act may be called the Bombay Rents, Hotel and Lodging House Rates Control (Gujarat Amendment) Act, 1965.

 

(2)     It shall come into force at once.

Section 2 - Amendment of section 4 of Bom. LVII of 9147

In sub-section (2) of section 4 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, (Bom.LVII of 1947.) (hereinafter referred to as the principal Act), in clause (a), after sub-clause (iv), the following sub-clause shall be inserted, namely:?

(v) to premises constructed or purchased out of the Public Trusts Administration Fund established under section 57 of the Bombay Public Trusts Act, 1950 (Bom. XXIX of 1950) and vesting in the Charity Commissioner; or.

 

Section 3 - Amendment of Section 6 of Bom. LVII of 1947

In section 5 of the principal Act,?

(1)     in clause (9A), in sub-clause (a), after the words State of Gujarat, the words excluding the areas of the merged territories of the former State of Baroda shall be inserted and shall be deemed to have been inserted with effect on and from the date on which the Bombay Rents, Hotel and Lodging House Rates Control (Gujarat Extension and Amendment) Act, 1963 (Guj. LVII of 1963)came into force;

 

(2)     in clause (11), for sub-clause (c), the following shall be substituted, namely:?

"(c)      (i) in relation to premises let for residence, any member of the tenant's 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 hi 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 or agreement by the Court.

 

Section 4 - Insertion of Section 10-CC in Bom. LVII of 1947

After section 10C of the principal Act, the following new section shall be inserted, namely:?

"10-CC Increase in rent of premises used for cinema in Saurashtra and Kutch areas and former Baroda State territories:-

(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 fifty 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.

 

Section 5 - Amendment of section 29 of Bom. LVII of 1947

In section 29 of the principal Act, for sub-section (2), the following shall be substituted, namely:?

(2) No further appeal shall lie against any decision in appeal under sub-section (1), but the High Court may, for the purpose of satisfying Itself that any such decision in appeal was according to law, call for the ease in which such decision was taken and pass such order with respect thereto as it thinks fit.