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State of Gujarat - Section

Section 15 in The Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947

15. [ in absence of contract to the contrary tenant not; to sublet or transfer. [This marginal note was substituted and shall be deemed always to have been substituted for the original by Bombay 49 of 1959, section 8(3).]

- [(1)] [Sub-section (1-B) of Section 12 was inserted by Gujarat 26 of 2001, section 4.] Notwithstanding anything contained in any law [but subject to any contract to the contrary] [These words were inserted and shall be deemed always to have been inserted Bombay 49 of 1959, section 7.], it shall not be lawful after the coming into operation of this Act for any tenant to sublet the whole or any part of the premises let to him or to assign or transfer in any other manner his interest therein:[Provided that the [State] [This proviso was substituted for the original by Bombay 36 of 1948, section 4.] Government may, by notification in the Official Gazette, permit in any area the transfer of interest in premises held under such leases or class of leases and to such extent as may be specified in the notification.] [Sub-section (1-A) of Section 12 was inserted by Gujarat 12 of 1991, section 14.]
(2)[ The bar against sub-letting, assigning or transferring premises contained in subsection (1) shall be deemed not to have had any effect before the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959, (Bombay Ordinance No. III of 1959.) in any area in which this Act was in operation before such commencement; and accordingly, notwithstanding anything contained in any contract or in the judgement, decree or order of a Court any sub-lease, assignment or transfer in favour of such persons as have entered into possession despite the bar as sub-lessees, assignees or transferees; and have continued in possession at the commencement of the said Ordinance, shall be deemed to be valid and effectual.] [Sub-section (2) was substituted for the original by Gujarat 57 of 1963, section 14.]