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Bombay Presidency - Section

Section 40 in The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947

40. Penalties.

(1)If any manager of a hotel or owner of a lodging house either himself or through any person acting on purporting to act on his behalf or if any person acting or purporting to act on behalf of a manager of a hotel or owner of a lodging house received any fine, premium or other like sum or deposit or any consideration other than the fair rate, in respect of the grant or continuance of accommodation in the hotel or lodging house, such manager, owner or a person shall, on conviction, be punished with imprisonment for a term which may extend to six months and shall also be punished with fine, which shall not be less than the amount of the fine, premium or sum or deposit or the value of the consideration received by him.
(2)Any manager of a hotel or owner of a lodging house who charges any amount in excess of the fair rate in contravention of section 37 shall, on conviction, be punishable with imprisonment which may extend to three months or with fine or with both.
(3). Any manager of a hotel or owner of a lodging house who accommodates lodgers or permits lodgers to be accommodated in a room or specified accommodation in excess of the number fixed by the Controller shall, on conviction, be punishable with fine which may extend to one thousand rupees.
(4)Any manager of a hotel or owner of a lodging house who fails to display a notice in contravention of the Controller's direction under section 36 shall, on conviction, be punishable with fine which may extend to five hundred rupees.
(5)Any manager of a hotel or owner of a lodging house, who evicts and lodger in contravention of the provisions of section 38 and without obtaining certificate, from the Controller under section 39, shall, on conviction, be punished with imprisonment of a term which may extend to three months, or with fine or with both.Explanation.- For the purposes of sub-section (1) receipt of charges in advance for more than one month shall be deemed to be a fine or premium or consideration.