Amendment status not verified — confirm the current text below against the official source.
[ Proportional recovery of riot tax after certain date permitted.] Omitted 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 applied 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 substitution 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 make 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 amenities, 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 and 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 deducted 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 recoverable 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.]