Section 5 in The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
5. Definitions.
- In this Act unless there is anything repugnant to the subject or context,-(A-1) 'Competent Authority' means the Competent Authority appointed under section 31B;](1)"fair rate" means the rate fixed under section 33 and includes the rates as revised under section 34;(IA)"Government allottee",(a)in relation to any premises requisitioned or continued under requisition which are allotted by the State Government for any non-residential purpose to any department or office of the State Government or Central Government or any public sector undertaking or corporation owned or controlled fully or partly by the State Government or any co-operative society registered under the Maharashtra Co-operative -Societies Act, 1960 or any foreign consulate, by whatever name called, and on the date.of coming into force of the Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996, are allowed by the State Government to remain in their occupation and possession, means the principal officer-in-charge of such office or department or public sector undertaking or corporation or society or consulate; and(b)in relation to any premises requisitioned or continued under requisition which are allotted by the State Government for residential purpose to any person and on the date of coming into force of the Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996, such person or his legal heir is allowed by the State Government to remain in occupation or possession of such premises for his or such legal heir's own residence, means such person or legal heir;(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 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 sublet any premises; and also includes in respect of a licensee deemed to be a tenant by section 15A, licensor who has given such license, and in respect of the State Government, or as the case may be, the Government allottee referred to in sub-clause (b) of clause ON. deemed to be a tenant by section 15B, the person who was entitled to receive the rent if the premises were let to a tenant immediately before the coming into force of the Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996.(4)"legal representative" means a legal representative as defined in the Code of Civil Procedure,1908, and includes also, in the case of joint family property the joint family of which the deceased person was a member;(4A)"licensee", in respect of any premises or any part thereof, means the person who is in occupation of the premises or such part, as the case may be, under a subsisting agreement for licence given for a licence fee or charge; and includes any person in such occupation of any premises or part thereof in a building vesting in or leased to a co-operative housing society registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1960; but does not include a paying guest, a member of a family residing together, a person in the service or employment of the licensor, or a person conducting a running business belonging to the licensor, or a person having any accommodation for rendering or carrying on medical or para-medical services or activities in or near a nursing home, hospital or sanitorium,J or a person having any accommodation in a hotel, lodging house, hostel, guest house, club, nursing home, hospital, sanitorium, dharmashala, home for widows, orphans or like premises, marriage or public hall or like premises, or in a place of amusement or entertainment or like institution, or in any premises belonging to or held by an employee or his spouse who on account of the exigencies of service or provision of a residence attached to his or her post or office is temporarily not occupying the premises, provided that he or she charges licence fee or charge for such premises of the employee or spouse not exceeding the standard rent and permitted increases for such premises, and any additional sum for services supplied with such premises, or a person having accommodation in any premises or part thereof for conducting a canteen, creche, dispensary or other services as amenities by any undertaking or institution; and the expressions "licence", "licensor" and "premises given on licence" shall be construed accordingly;(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 boarding, lodging, or other service;(6A)"paying guest" means a person, not being a member of the family, who is given a part of the premises, in which the licensor resides, on licence;(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 or given on licence separately] [These words were substituted for ] (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:(8A)"premises let or given on licence for business" includes, and shall be deemed always to have included, premises let or given on licence for the purpose of practising any profession or carrying on any occupation therein;(8B)"premises requisitioned or continued under requisition" means the premises requisitioned or continued under requisition under the Bombay Land Requisition Act, 1948:1.(9)"prescribed" means prescribed by rules and prescribed shall be construed accordingly;(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, or the Bombay Rents, Hotel Rates and Lodging House Rates (Control) Act, 1944, such standard rent; or(b)when 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(iii a) notwithstanding anything contained in paragraph (iii), the rent of the premises referred to in sub-section (1-A) of section 4 shall, on expiry of the period of five years mentioned in that sub-section, not exceed the amount equivalent to the amount of net return of fifteen per cent, on the investment in the land and building and all the outgoings in respect of such premises; or(iv)on any of the cases specified in section 11, the rent fixed by the Court;(11)"rent" 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 1st day of February 1973;(aa)any person to whom interest in premises, has been assigned or transferred as permitted or deemed to be permitted, under section 15;(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 first day of February 1973;(bb)such licensees as share deemed to be tenants for the purposes of this Act by section 15A](bba)the State Government, or as the case may be, the Government allottee, referred to in sub-clause (b) of clause (1A), deemed to be a tenant, for the purposes of this Act by section 15B;].(c)(i)in relation to any premises let for residence, when the tenant dies, whether the death has occurred before or after the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1978, any member of the tenant's family residing with the tenant at the time of his death or, in the absence of such member, any heir of the deceased tenant, as may be decided in default of agreement by the Court;(ii)in relation to any permission let for the purposes of education, business, trade or storage, when the tenant dies, whether the death has occurred before or after the commencement of the said Act, any member of the tenant's family using the premises for the purposes of education of carrying on business, trade or storage in the premises, with the tenant at the time of his death, or, in the absence of such member, any heir of the deceased tenant, as may be decided in default of agreement by the Court.Explanation.- The provisions of this clause for transmission of tenancy, shall not be restricted to the death of the original tenant, but shall apply, and shall be deemed always to have applied, even on the death of any subsequent tenant, who becomes tenant under these provisions on the death of the last preceding tenant.(12)"tenement" means a room or group of rooms rented or offered for rent as a unit.
