Section 5 in The Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947
5. Definition.
- In this Act unless there is anything repugnant to the subject or context,-(1)"fair rate" means the rate fixed under Section 33 and includes the rate as revised under Section 34;(2)"hotel or lodging house" means a building or a part of a building where lodging with or without board or other service is [by way of business] [These words were inserted by Bombay 61 of 1953, section 5 (1).] provided for a monetary consideration;(3)"landlord" means any person who is for the time being, receiving, or entitled to receive, rent in respect of any premises whether on his own account or on account, or on behalf, or for the benefit of any other person or as a trustee, guardian, or receiver for any other person or who would so receive the rent or be entitled to receive the rent if the premises were let to a tenant; and includes any person not being a tenant who from time to time derives title under a landlord; and further includes in respect of his sub-tenant a tenant who has sub-let any premises;(4)"legal representative" means a legal representative as defined in the Code of Civil Procedure, 1908 (V of 1908) and includes also, in the case of joint family property, the joint family of which the deceased person was a member;(5)"manager of a hotel" includes any person in charge of the management of a hotel;(6)"owner of a lodging house" includes any person who receives or is entitled to receive, whether on his own account or on behalf of himself and others or as an agent or trustee, any monetary consideration from any person on account of board, lodging or other service;(7)"permitted increase" means an increase in rent permitted under the provisions of this Act;(8)"premises" means-(a)any land not being used for agricultural purposes;(b)any building or part of a building let separately (other than a farm building) including-(i)the garden, grounds, garages and out-houses, if any, appurtenant to such building or part of a building;(ii)any furniture supplied by the landlord for use in such building or part of a building;(iii)any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof;but does not include a room or other accommodation in a hotel or lodging house;(9)"prescribe" means prescribed by rules and prescribed shall be construed accordingly;[(9-A) "specified date" means- [Clause (9-A) was added by Gujarat 57 of 1963, section 7 (1).](a)in relation to premises situated in the Bombay area of the State of Gujarat [excluding the areas of the merged territories of the former State of Baroda] the first day of September, 1940;(b)in relation to premises situated in the Saurashfra area of the State of Gujarat, the first day of January, 1941;(c)in relation to premises situated in the Kutch area of the State of Gujarat, the tenth day of November, 1942.](10)"standard rent" in relation to any premises means,-(a)where the standard rent is fixed by the Court and the Controller respectively under the Bombay Rent Restriction Act, 1939, (Bombay XVI of 1939) or the Bombay Rents, Hotel Rates and Lodging House Rates (Control) Act, 1944, (Bombay VII of 1944), such standard rent; or(b)where the standard rent is not so fixed, subject to the provisions of Section 11.(i)the rent at which the premises were let on the first day of September, 1940, or(ii)where they were not let on the first day of September 1940, the rent at which they were last let before that day, or(iii)where they were first let after the first day of September 1940, the rent at which they were first let, or(iv)in any of the cases specified in Section 11, the rent fixed by the Court;(11)"tenant" means any person by whom or on whose account rent is payable for any premises and includes,-(a)such sub-tenants and other persons as have derived title under a tenant [before the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959] [This portion was substituted for the words 'before the coming into operation of this Act' by Bombay 49 of 1959, section 3 (1).]; (Bombay Ordinance No. Ill of 1959);(aa)[ any person to whom interest in premises has been transferred under the proviso to [sub-section (1) of Section 15] [This sub-clause was inserted by Bombay 61 of 1953, section 5 (2).];(b)any person remaining after the determination of the lease, in possession, with or without the assent of the landlord, of the premises leased to such person or his predecessor who has derived title [before the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959] [This portion was substituted for the words 'before the coming into operation of this Act' by Bombay 49 of 1959, section 3 (1).]; (Bombay Ordinance No. Ill of 1959).(c)[ (i) in relation to premises let for residence, any member of the tenant's family residing with the tenant at the time of, or within three months immediately preceding, the death of the tenant as may be decided in default of agreement by the Court, and [Sub-clause (c) was substituted by Gujarat 18 of 1965, section 3 (2).](ii)in relation to premises let for business, trade or storage, any member of the tenant's family carrying on business, trade or storage with the tenant in the said premises at the time of the death of the tenant as may continue, after his death, to carry on the business, trade or storage as the case may be, in the said premises and as may be decided in default of agreement by the Court];(12)[ "tenement" means a room or group of rooms rented or offered for rent as a unit.] [Clause (12) was added by Bombay 53 of 1950, section 3.]
