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

Section 49

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

(1) The 179[State] Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing powers such rules may provide for— 180[(ai) the manner in which addition to the rent shall be made under sub-section (1) of section 10D,] 182[(aai) the rules subject to which compensation may be determined by the Collector under sub-section (1) of section 17D,] 183[(aaai) the terms and conditions for providing accommodation to tenants under clause (b) of sub-section (1) of section 17D,] (i) the form and the manner in which a receipt is to be given under subsection (1) of section 26, (ii) the manner in which rent recoverable according to any calendar other than the British Calendar before the coming into operation of this Act shall be calculated and charged in terms of the British Calendar under sub-section (2) of section 27; (iii) the procedure to be followed in trying or hearing suits, proceedings (including procedings for execution of decrees and distress warrants), applications, appeals and execution of orders; (iv) the manner in which inquires shall be made summarily under sub- section (2) of section 41; v185[(v) levy of court-fees in suits, appeals, proceedings and applications instituted or made before the State Government, Court, Controller or Collector.] 186[(3) The power to make rules conferred by this section is subject to the condition of the rules being made after previous publication. (4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to rescission by the State Legislature or to such modifications as the State Legislature may make during the session in which they are so laid, or the session immediately following. (5) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.] =50. The Bombay Rent Restriction Act, 1939, and the Bombay Rents, Hotel Rates and Lodging House Rates (Control) Act, 1944, are hereby repealed: Provided that all suits and proceedings 187[* *] between a landlord and a tenant relating to the recovery or fixing of rent or possession of any premises to which the provisions of Part II apply and all suits and proceeding by a manager of a Offences by companies, etc. Rules. Bom. XVI of 1939. Bom. VII of 1944. Repeal. Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 38 of 45 hotel or an owner of a lodging house against a lodger for the recovery of charges for, or possession of the accommodation provided in a hotel or lodging house situate in an area to which Part III applies, which are pending in any Court, shall be transferred to and countinued before the Courts which would have jurisdiction to try such suits or proceedings under this Act 188[or shall be continued in such Courts, as the case may be,] and 189* * all the provisions of this Act and the rules made thereunder shall apply to all such suits and proceeding. 190[Nothing in this proviso shall apply to execution procedings and appeals arising out of decrees or orders passed before the coming into operation of this Act and such execution proceedings and appeals shall be decided and disposed of as if this Act had not been passed :] Provided further that— (a) every order passed or act done by the Controllers under Part IV of the Bombay Rents, Hotel Rates and Lodging House Rates (Control) Act, 1944, and every order or act deemed to have been passed or done under that Part shall be deemed to have been passed or done under this Act; and (b) all proceedings pending before the Controllers under Part IV of that Act shall be transferred to and continued before the Controllers appointed under this Act as if they were proceedings instituted before the Controllers under this Act. 191[51. The Saurashtra Rent Control Act, 1951, and the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 as extended to the Kutch area of the State of Gujarat by the Government of India, Ministry of States, Notification No. 215-J, dated the 19th September 1951 are hereby repealed : Provided that— (1) such repeal shall not— (i) affect the previous operation of any law so repealed or anything duly done or suffered thereunder; (ii) affect any right, privilege, obligation, or liability acquired, accrued or incurred under any law so repealed; (iii) affect any penalty, forfeiture, or punishment incurred in respect of any offence committed against any law so repealed; or (iv) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and (2) any such investigation, legal proceeding or remedy may be continued, instituted or enforced and any such penalty, forfeiture and punishment may be imposed, as if the aforesaid law had not been repealed: Provided further that, subject to the preceding proviso, anything done or any action taken under any such law, including any notification, order, notice or receipt issued or agreement made, shall be deemed to have been done, taken, issued or made under the corresponding provisions of this Act and shall continue in force accordingly, unless and until superseded by any thing done or any action taken under this Act.] Bom. VII of 1944. Repeal of Sau. Act XXII of 1951 and of Bom. LVII of 1947 as extended to Kutch area and saving. Sau. Act XXII of

Section 49 – The Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947 | DailyLaw.ai