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Bombay Presidency - Section

Section 49 in The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947

49. Rules.

(1)The [State] [This word was substituted for the word ] Government may, by notification in the Official Gazette, and subject to the condition 8'f 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
(a)the manner in which addition to the rent shall be made under sub- section (2) or clause (a) of sub-section (3) of section 9;
(b)the authority from which a declaration, and the manner and the form in which such declaration or a certificate from an architect asserting that it is necessary to undertake repairs and the extent thereof and the estimated cost therefore, to be obtained by the landlord, and the manner and the form in which a certificate from such authority or such architect confirming that the repairs were carried out in accordance with the declaration, or as the case may be, the certificate aforesaid, and fixing the date of completion of the repairs and the actual expenses therefor, to be obtained by the landlord, under clause (b) or sub-section (3) of section 9;l
(c)the form and the manner in which a receipt is to be given under sub-section (1) of section 26;
(d)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 British calender under sub- section (2) of section 27;
(e)the procedure to be followed in trying or hearing suits, proceedings (including proceedings for execution of decrees and distress warrants), applications, appeals and execution of orders;
(f)the manner in which inquiries shall be made summarily under sub- section (2) of section 41;
(g)levy of court-fees in suits, proceedings and applications instituted before a Court or Competent Authority or Controller;
(h)any other matter which has to be, or may be, prescribed.
(3)Every rule made under this section shall be laid, as soon as may be, after it is made, before each house of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall from the date of publication of a notification in the Official Gazette of such decision, have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under the rule.