Bombay Rents, Hotel and Lodging House Rates Control Rules 1948

The Bombay Rents, Hotel and Lodging House Rates Control Rules, 1948

Published vide Notification No. 5941/33. Published vide BGG Extra, Part IV-B dated 20th May 1948

Edition 2020

In exercise of the powers conferred by section 49 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. L VII of 1947), the Government of Bombay is pleased to make the following rules, namely :-

CHAPTER I

PRELIMINARY

1- Title.
These rules may be called the Bombay Rent, Hotel and Lodging House Rates Control Rules, 1948.

2- Definitions.
In these rules, unless there is anything repugnant in the subject or context,-

(a) “Code” means the Code of Civil Procedure, 1908;

(aa) “Form” means a Form appended to these Rules.2 (Applicable to Maharashtra only).

(b) “miscellaneous application” means an application for fixing the standard rent, except where the said relief is claimed in a pending suit an proceeding, an application for determining the permitted increases, an application by a tenant for reinstatement, an application for a direction for the restoration of any essential supply or service or an application by a member of the tenant’s family under sub-clause (c) of clause (11) of section 5;

(c) words and expressions not defined in these rules shall have the same meanings as are assigned to them in the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

CHAPTER II

RECEIPT FOR RENT

3-Receipt for rent.

 A receipt given under section 26 for the amount of rent received in respect of any premises shall be in Form I.

CHAPTER II-A

INCREASE OF RENT ON ACCOUNT OF IMPROVEMENTS, SPECIAL ADDITIONS, ETC., OR SPECIAL OR HEAVY REPAIRS

3A- Increase in the rent of premises on account of improvements etc. special additions.

 If at the instance of a local authority, a landlord is required to execute the work of any special additions to premises or special alterations made therein or additional amenities provided to the premises or an account of improvements or structural alterations made under clause (a) of sub-section (2) of the said section 9 and after obtaining a certificate from the local authority that such works are completed in conformity with its requirements, an amount not exceeding fifteen per cent per annum of the expenses incurred (hereinafter referred to “as the amount of permitted increase”) may be added to the rent, in the following manner, namely :

(1) Where any such work is carried out by landlord in the premises occupuied by one tenant only with consent of such tenant and is for the benefit of such tenant, the whole amount of permitted increase may be added to the rent of such premises.

(2) When any such work is carried out at the instance of a local authority

(i) for the benefit of any two or more tenants in any premises, or

(ii) for the proper upkeep, stability and other requirements of any premises taken as a whole, the amount of permitted increase shall be allocated to the tenements in such premises in proportion to their respective annual rental values.

Explanation-For the purposes of this rule, the expression “rental value” means the annual rent for which any tenement is actually let and when any tenement is not let, the rent for which such tenement might reasonably be expected to be let from year to year.

(3) Where the rent is payable by the month, the amount of permitted increase which may be added to such rent per month shall be the quotient obtained by dividing the amount of permitted increase under clause (1) or (2) by twelve.

(4) If the aforesaid work is carried out by the tenants of the tenements at their own expenses with the permission of the local authority and the expenses thus incurred are deducted or recovered from the rent, the landlord may add the same to the rent in the aforesaid manner.

3-B. Manner of making temporary increase in rent on account of special or heavy repairs.

Temporary increase in the rent of premises permitted under the said section 9, on account of special or heavy repairs made in accordance with the provisions of sub-section (3) of the said section 9 (hereinafter referred to as “the amount of permitted increase”) may, subject to the provisions of the said section be made by addition to the rent of the premises in the following manner,

namely:

(a) When any such repairs are carried out in nay premises occupied by a single tenant, the whole amount of permitted increase may be added to the rent of such premises.

(b) When any such repairs are carried out for the benefit of premises in a building occupied by two or more tenants, the share of expenses to be borne by each one of them shall be determined in accordance with the provisions of clause (c) of sub-section

(3) of the said section 9 and the proportionate amount of permitted increase may be added to the rent of the premises occupied by each such tenant.

(c) When the rent is payable by the month, the amount of permitted increase shall be recovered by monthly instalments by adding such sum every month to the rent as the landlord deems fit.

(d) (i) Before affecting the aforesaid increase, a landlord desirous of obtaining a declaration or a certificate under clause (b) of sub-seciton (3) of the said section 9, shall apply in writing together with the documents as may be desired, to the following authority, namely:

(a) In any Municipal Corporation area, the Municipal Commissioner for that area or any officer of the Municipal Corporation authorised by him in this behalf.

(b) In any Municipal Corporation area, the Chief Officer of the Municipal Council having jurisdiciton.

(c) An Architect from the Government notified panel.

(ii) On receipt of such an application, the authority may, after making such inspection and inquiry, if any, as it deems fit, grant such declaration or a certificate.

(iii) After the repairs are carried out a landlord shall obtain a certificate from the authority indicating the items of special heavy repairs carried out to the premises, date of completion of repairs and the actual expenses incurred by the landlord.

Explanation– For the purposes of rules 3-A and 3-B, the declaration or certificate granted by the local authorities under the respective laws shall be deemed to be the approval of the local authority.

CHAPTER III

Payment Of Rent According To British Calendar

4- Calculation of rent according to British calendar.

If, before the Act comes into force, the rent in respect of any premises was chargeable according to a calendar other than the British calendar, the landlord shall recover from the tenant rent for the broken period of the month, year or portion of the year immediately preceding the date on which the Act comes into force, proportionate amount according to the aforesaid calendar month, year or portion of the year at which the rent was then chargeable. After such date the landlord shall recover rent according to the British calendar. The rent chargeable per month according to the British calender shall not exceed the rent which was chargeable per month according to the other calendar followed immediately before such date.

CHAPTER IV

Procedure To Be Followed By The Court Of Small Causes, Bombay, In Suits, Proceedings, Appeals, Etc.

5- Procedure for suits the value of the subject-matter of which does not exceed Rs. 3,000 and for proceedings for execution of decrees and orders passed therein and for distress warrant.

In such of the following suits and proceedings as are cognizable by the Court of Small Causes, Bombay, on the date of the coming into force of these Rules, namely:-

(1) Suits relating to the recovery of rents or charges for boarding, lodging or other service provided in a hotel or a lodging house when the amount or value of the subject-matter does not exceed Rs. 3,000;

(2) Proceedings under Chapters VII and VIII of the Presidency Small Cause Courts Act, 1882; and

(3) Proceeding for execution of any decree or order passed in any suits or proceedings;
the Court of Small Causes, Bombay, shall follow the practice, and procedure provided for the time being (a) in the said Act, except Chapter VI thereof, and (b) in the rules made under section 9 of the said Act.

6- Affidavits in distress warrant applications

Every application for a distress warrant under Chapter VIII of the presidency Small Cause Courts Act, 1882, shall be accompanied also by an affidavit of the applicant or his duly constituted agent stating that the amount claimed is not in excess of the rent recoverable under the Act.

7- Procedure in applications for fixing standard rent, etc.

(1) In miscellaneous applications the Court of Small Causes, Bombay, shall follow as far as may be and with the necessary modification, practice and procedure applicable to suits referred to in rule 5 as if such applications were suits for sums not exceeding Rs. 1,000:
Provided that costs in respect of employing a legal practitioner when allowed in any such application shall be not more than Rs. 30.

(2) In applications for fixing standard rent or permitted increase, where a Court in exercise of the powers conferred by rule 9 of Order XXVI of the code appoints a Commissioner for ascertaining the market value of any premises, the Court may also require the Commissioner to submit his report as to the facts which may enable the Court to ascertain the fair return in respect of such premises by apportionment or otherwise.

8- Procedure for other suits.

In suits and proceedings other than those referred to in rules 5 and 7, the Court of Small Causes, Bombay, shall, as far as may be and with the necessary modifications, follow the procedure prescribed for a Court of first instance by the Code, including Order XXXVII as modified in its application to the State of Bombay :
Provided that costs in respect of employing a legal practitioner when allowed shall be, in respect of any legal practitioner entitled to appear, not more than Rs. 75 per diem of 5 hours of actual hearing or Rs. 125 if the case is disposed of on the first day.

9- Procedure in appeals.

(1) In appeals under section 29(1) of the Act the Court shall, as far as may be and with the necessary modifications, follow the practice and procedure prescribed for appeals from original decrees by the code.

(2) If, in any such appeal, the judges constituting the bench differ, the Chief Judge, if he is one of the judges, or, in his absence, the judge first in rank and precedence shall have the casting voice.

(3) The costs in respect of employing a legal practitioner when allowed shall be on the following scale in respect of any legal practitioner entitled to appear.-

CHAPTER IV-A

procedure To Be Followed By Court Of Small Causes Established Under The Provincial Small Cause Courts Act, 1887, In Suits, Proceedings, Etc., And By The District Court In Appeals

9A- Procedure for suits the value of the subject-matter of which does not exceed Rs. 2,000 and for proceedings for execution of decrees and orders passed therein.

 A Court of Small Causes established under the Provincial Small Cause Courts Act, 1887, shall follow the practice and procedure prescribed for the time being by or under the said Act, in trying and hearing.

(1) Suits or proceedings relating to the recovery of rent or charges for boarding, lodging or other service provided in a hotel or lodging house or the recovery or possession of any premises, when the amount of the subject- matter does not exceed Rs. 2,000 and (2) Proceedings for execution of any decree or order passed in any such suit or proceeding.

9B- Procedure in applications for fixing standard rents, etc.

In miscellaneous applications a Court of Small Causes established under the Provincial Small Cause Courts Act, 1887, shall follow, as far as may be, and with the necessary modifications, the procedure applicable to suits or proceedings referred to in rule 9-A as if such applications were suits of the description referred to therein.

9C. Procedure for other suits and proceedings.

In suits or proceedings other those referred to in rules 9-A and 9-B, a Court of Small Causes established under the Provincial Small Cause Courts Act, 1887, shall follow, as far as may be, and with the necessary modifications, the procedure prescribed for a Court of first instance by the Code.

9D. Procedure in appeals.

In an appeal under section 29(1)(b) of the Act from a decree or order of a Judge of the Court of Small Causes established under the Provincial Small Cause Courts Act, 1887, the District Court shall, as far as may be, and with the necessary modifications, follow the practice and procedure prescribed for appeals from original decrees by or under the Code.

CHAPTER V

Procedure To Be Followed By A Court Of Civil Judge (Junior Division Or Senior Division) In Suits, Proceedings, Etc., And By The District Court In Appeals.

10- Procedure for suits the value of the subject-matter of which does not exceed Rs. 500 and for proceedings for execution of decrees and orders passed therein.

In such of the following suits and proceedings as are cognizable on the date of the coming into force of these Rules by a court invested with the jurisdiction of a Court of Small Causes under the Provincial Small Causes Courts Act, 1887, namely:

(1) suits relating to recovery for rent or charges for boarding. lodging or other service provided in a hotel or lodging house or recovery of possession of any premises, when the amount or value of the subject-matter does not exceed Rs. 500, and

(2) Proceeding for execution of any decree or order passed in any such suit or proceeding, the Court of Civil Judge (Junior Division or Senior Division) shall follow, as far as may be, and with the necessary modifications, the procedure prescribed in the Code to be followed by the Courts invested with the jurisdiction of a Court of Small Causes under the Provincial Small Causes Courts Act, 1887.

11- Procedure in application for fixing standard rents, etc.

In miscellaneous applications the Court of Civil Judge (Junior Division or Senior Division) shall follow, as far as may be, and with the necessary modifications, the procedure applicable to suits referred to in rule 10 as if such applications were suits of the description referred to therein.

12- Procedure for other suits and proceedings.

 In suits and proceedings other than those referred to in rules 10 and 11, the Court of Civil Judge (Junior Division or Senior Division) shall follow, as far as may be, and with the necessary modifications, the procedure prescribed for a Court of first instance by the code.

13- Procedure in appeals.

In an appeal under section 29(1)(b) of the Act from a decree or order made by the Court of Civil Judge (Junior Division or Senior Division) the District Court shall, as far as may be, and with the necessary modifications, follow the practice and procedure prescribed for appeals from original decree by the Code.

CHAPTER VI

Court-Fees

14- Court fees to be levied in Greater Bombay.

 (1) The Court fees liveable in suits and proceedings mentioned in rule 5 shall be the fees for the time being chargeable in the Court of Small Causes under the Presidency Small Causes Courts Act, 1882.

(2) The court fees leviable on miscellaneous applications mentioned in rule 7 shall be five rupees and the court fees leviable in appeals against orders passed in such application shall be ten rupees.

(3) The court fees leviable in suits and proceedings mentioned in rule 8 and in all appeals filed under section 29(1)(a) of the Act in the Court of Small Causes, Bombay, shall be the court fees chargeable for the time being for such suits and appeals instituted in the Courts other than the High Court and the Court of Small Causes, Bombay, under Chapter III of the Court-fees Act, 1870 as amended from time to time in its application to the State of Bombay] and the provisions of that Act, as far as may be and with the necessary modifications, shall apply to the recovery of the said courts fees.

(4) Whenever any suits or proceeding mentioned in rule 5 or 8 is settled by agreement of the parties before the hearing, half the amount of the court fees paid in respect of the plaint. or application by which the suit or proceeding was instituted shall be repaid by the Court of Small Causes, Bombay, to the parties by whom the same have been paid.

15- Court fees in Courts outside Greater Bombay.

 (1) The court fees leviable in miscellaneous applications in Courts outside Greater Bombay shall be five ruppes and in appeals against orders passed in such miscellaneous applications shall be ten rupees.

(2) In suits, appeals and other proceedings in Courts outside Greater Bombay the court fees leviable shall be the same as are chargeable under Chapter III of the Court Fees Act, 1870 as amended from time to time in its application to the State of Bombay] and the provisions of that Act shall apply to the recovery of such court fees.

(3) Whenever any suit or proceeding in any Court outside Greater Bombay is settled by agreement of the parties before the hearing, the parties shall be entitled to a certificate from the Court authorising them to receive back from the Collector half the amount of the court fees paid in respect of the plaint or application by which such suit or proceeding was instituted.

15A- Application fees.

An application for recovery of possession of premises to be made by the landlord to the Competent Authority under Part IIA shall be affixed with a Court Fee Stamp of “one hundred rupees”.

CHAPTER VII

General

16. The provisions of the Code to be generally followed.

In deciding any question relating to procedure not specifically provided for by these Rules the Court shall, as far as possible, be guided by the provisions contained in the Code.

CHAPTER VIII

Inquiries Before The Controller

17- Commencement of inquiry by Controller.

The Controller may start the inquiry under Part III of the Act for fixing the fair rate under section 33 or revision thereof under section 34, or for fixing the number of lodgers to be accommodated in each room or specified accommodation in any hotel or lodging house under section 33 situate within his jurisdiction either sou motu or on an application made to him in writing signed by the person making it and delivered to the Controller either in person or sent to his office address by registered post.

18- Register of inquires.

Every such inquiry made by the Controller or on inquiry in connection with the issue of a certificate under section 39 shall bear a separate number and each such inquiry shall be entered in a separate register which shall be maintained in Form 2.

19- Procedure for application to Controller.

An application for the revision of fair rates when made by the manager of hotel or owner of a lodging house or for a certificate against a lodger shall be in writing signed by the manager or proprietor of the hotel or lodging house and delivered to the Controller either in person or sent to his office address by registered post.

20- Contents of application to Controller.

The application for the revision of the fair rates shall state the material grounds on which the revision is sought and the application for a certificate shall state the name, description and postal address of the lodger against whom the certificate is sought as also the grounds for the same a brief statement of the material facts in support thereof.

21- Procedure of fixing fair rates or for revising them or for fixing number of lodgers. –

(1) Before fixing the fair rates or revising them or fixing the number of lodgers the Controller shall receive and consider such oral and documentary evidence as the applicant, if any, and the manager of a hotel or owner of a lodging house may lead.
(2) The Controller shall, as far as practicable, make such inquiries as he deems necessary from other lodgers in the hotel or lodging house.

22- Procedure for certificate against lodgers.

Before making an order granting or refusing to issue a certificate against a lodger the Controller shall receive and consider such evidence as the lodger and the manager of a hotel or owner of a lodging house may lead.

23- Manner of recording oral evidence.

The Controller shall make a short memorandum of the substance of the oral evidence recorded by him.

24. Forms and manner of service of summonses.

A summons issued to  a witness (a) for giving evidence shall be in Form 3 and (b) for production of documents shall be in Form 4. The summons shall be served by registered post.

25- Contents of the order of Controller.

The final order passed by the Controller in an inquiry under the Act shall state in brief the reasons in support of the order made. The order shall be signed by the Controller and shall bear the date on which it was passed.

26- Copies of the order to be sent to parties.

A copy of the order passed shall be sent by registered post to the parties concerned. A copy of the order fixing the fair rates or revision thereof or for fixing the number of lodgers shall also be sent to the police station within whose jurisdiction the hotel or lodging house to which the order relates is situate.

27. Certificate to be sent to the Manager.

 The certificate issued under section 39 shall be sent to the manager of the hotel or owner of the lodging house concerned and a copy thereof to the lodger concerned by registered post. An office copy of the certificate shall be kept in the record of the inquiry.

28- (Applicable to Maharashtra only) Procedure for obtaining inspection and copies of record relating to inquiries under section 41.

(1) Any person who is a party to any inquiry under section 41 or has under section 76 of the Indian Evidence Act, 1872, or any other law for the time being in force a right to inspect the record relating to any such inquiry or to obtain copies thereof and who desires to have such inspection or copies may make an application in writing to the Controller stating the purpose for which the request is made. Such application shall be accompanied by the inspection fee or as the case may be the copying fee provided for in sub-rules (2) and (3). On receipt of such application, the Controller shall by order, in writing either grant or if he is of opinion that the applicant is not a party interested in the inquiry or has no right to inspection or copies of the record or has not complied with any other requirements of this rule, refuse to grant the request made. Where the request is refused the grounds for such refusal shall be communicated to the applicant.
(2) The fee for inspection of the record shall be fifty naye passe per inquiry, per day or part thereof on which such inspection is allowed.
(3) Subject to a minimum fee of one rupee, the fee for furnishing copies of any record shall be at the rate of thirty-five naye paise per folio of one hundred words or fraction thereof.)