Bare ActsThe Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947

Section 23

Amendment status not verified — confirm the current text below against the official source.

(1) Notwithstanding anything contained in any law for the time being in force and in the absence of an agreement to the contrary by the tenant, every landlord shall be bound to keep the premises in good and tenantable repair. 126[(2) If the landlord neglects to make any repairs, which he is bound to make under sub-section (1), within a reasonable time after a notice is served upon him by post or in any other manner by a tenant or jointly by tenants interested in such repairs, such tenant or tenants may themselves make the same and deduct the expenses of such repairs from the rent or otherwise recover them from the landlord: Provided that where the repairs are jointly made by the tenants the amount to be deducted or recovered by each tenant shall bear the same proportion as the rent payable by him in respect of his premises bears to the total amount of the expenses incurred for such repairs: 127[Provided further that the amount so deducted or recoverable in any year shall not exceed one fourth of the rent payable by the tenant for that year, excluding therefrom one-fourth of the proportionate taxes in respect of his premises payable to a local authority for that year. ] (3) for the purpose of calculating the expenses of the repairs made under sub- section (2), the accounts together with the vouchers maintained by the tenanth shall be conclusive evidence of such expenditure and shall be binding on the landlord.] 128[23A. (1) When a tenant desires to get supply of elecricity at his own cost from a licensee within the meaning of the Indian Electricity Act, 1910 and the owner of the premises does not give his consent therefor, the tenant may apply to the Collector setting out the scheme for such supply. (2) On receipt of such application the Collector may, after giving the landlord and the owner of the premises if he be not the landlord, opportunity of being heard, permit the tenant to get the supply in accordance with the scheme set out in the tenant's application or in accordance with any modified scheme. (3) On such premission being given, notwithstanding anything contained in any contract or in any other law for the time being in force, the owner shall be deemed to have given the requisite consent under sub-section (2) of section 12 of the Indian Electricity Act, 1910 and the licensee shall not be a liable to the owner for trespass for steps taken for supply of electricity according to the said permission.] Bom. Ord. No. III of 1959. Particulars to be furnished by tenant of tenancy sub-et or transferred before 124[the Bombay Rants, Hotel and Lodging House Rates Control (Amendament) Ordinance, 1959.]. Landlord's duty to keep premises in good repair. IX of 1910. Tenant entitled to supply of electricity at his cost. IX of 1910. Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 29 of 45

Section 23 – The Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947 | DailyLaw.ai