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Bombay Presidency - Section

Section 1A in The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947

1A. On and from such date as the State Government may, by notification in the Official Gazette, appoint, in the areas to which provisions of Part II apply under section 6 to premises let or given on licence for any of the purposes referred to in that section, the provisions relating to standard rent and permitted increases shall, notwithstanding anything contained in this Act, not apply for a period of five years to any premises the construction or reconstruction of which is completed on or after such date:

Provided that, nothing in this sub-section shall apply:-(a)to premises referred to in sections 17B and 17C;(b)to premises which are constructed or reconstructed in any housing scheme undertaken by Government or the Maharashtra Housing and Area Development Authority or of any of its Boards established under section 18 of the Maharashtra Housing and Area Development Act, 1976 or in any housing scheme undertaken by any person in pursuance of any exemption or sanction granted by the State Government under the provisions of section 20 or 21 of the Urban Land (Ceiling and Regulation) Act, 1976, for sale thereof to persons belonging to economically weaker sections of the people and to whom such premises are sold.Explanation.- For the purposes of this sub-section - (a) the period of ,five years shall be computed from the date on which the completion certificate in respect of such premises is issued or if the premises are occupied without obtaining completion certificate, then the date from which such premises are assessed for the first time, whichever is earlier;(b)the expression "person belonging to economically weaker sections of the people" means a person whose total monthly household income from all sources is less than rupees seven hundred per month.
(2)The State Government may direct that all or any of the provisions of this Act shall not be subject to such conditions and terms as it may specify, apply generally,
(i)to premises used for a public purpose of a charitable nature or to any class of premises used for such purpose;
(ii)to premises held by a public trust for a religious or charitable purpose and 4(let or given on licence, at a nominal or concessional rent or licence fee or charge]; or
(iii)to premises held by a public trust for a religious or charitable purpose and administered by a local authority.
(3)The State Government may also by order direct that all or any of the provisions of Part III shall not apply to such hostel or institutions or such class of hostels or institutions subject to such terms and conditions, if any, as may be specified in the order.
(4)
(a)The expression "premises belonging to the Government or a local authority" in sub-section (1) shall, notwithstanding anything contained in the said sub-section or in any judgement, decree or order of a court, not include a building erected on any land held by any person from the Government or a local authority under an agreement, lease, licence or other grant, although having regard to the provisions of such agreement, cause, licence or grant the building so erected may belong or continue to belong to the Government or the local authority, as the case may be; and
(b)notwithstanding anything contained in section 15 such person shall be entitled to create a tenancy in respect of such building or a part thereof whether before or after the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959.]