Title : Charges in Excess of Fair Rate Not Recoverable
State : Central
Year : 1952
When the Controller has determined the fair rate of charges- (a) the manager of the hotel or the owner of the lodging house, as the case may be, shall not charge any amount in excess of the fair rate and shall not, except with the previous written consent of the Controller, withdraw from the lodgers any concession or service allowed at the time when the Controller determined the fair rate; (b) any agreement for the payment of any charges in excess of such fair rate shall be void in respect of such excess and shall be construed as if it were an agreement for payment of the said fair rate; (c) any sum aid by a lodger in excess of the fair rate shall be recoverable by him at anytime within a period of six months from the date of the payment from the manager of the hotel or the owner..... View Complete Act List Judgments citing this sectionTitle : Appeals
State : Central
Year : 1952
(1) Any person aggrieved by the order of the Controller under this Chapter may, within fifteen days on which the order is communicated to him, prefer an appeal in writing to the Chief Commissioner. (2) The Chief commissioner shall call for the record of the Controller and after examining the record and after making such further inquiry as he thinks fit either personally or through the Controller, shall decide the appeal. (3) The decision of the Chief Commissioner and subject only to such decision, the order of the Controller shall, for the purposes of this Chapter, be final. View Complete Act List Judgments citing this sectionTitle : Rent in Excess of Standard Rent Not Recoverable
State : Central
Year : 1952
(1) Except where rent is liable to periodical increase by virtue of an agreement entered into before the 1st day of January, 1939 or where rent is payable under a lease entered into before the 1st day of January, 1939, which has not expired before the first day of the period for which the rent is claimed, no tenant shall, notwithstanding any agreement to the contrary, be liable to pay to his landlord for the occupation of any premises any amount in excess of the standard rent of the premises unless such amount is a lawful increase of the standard rent in accordance with the provisions of this Act. (2) Subject to the provisions of sub-section (1), any agreement for the payment of rent in excess of the standard rent shall be null and void and shall be construed as if it were an..... View Complete Act List Judgments citing this sectionTitle : Lawful Increases of Standard Rent
State : Central
Year : 1952
(1) Where a landlord has at anytime, whether before or after the commencement of this Act, incurred expenditure for any improvement, addition or structural alteration in the premises , not being expenditure on decoration or tenantable repairs necessary or usual for such premises, and the cost of that improvement, addition or alteration has not been taken into account in determining the standard rent of the premises, the landlord may lawfully increase the standard rent per year by an amount not exceeding seven and a half per cent of such cost. (2) Where a landlord pays in respect of the premises any charge for electricity or water consumed in the premises or any other charge levied by a local authority having jurisdiction on the area which is ordinarily payable by the tenant, he may..... View Complete Act List Judgments citing this sectionTitle : Revision of Fair Rate
State : Central
Year : 1952
On a written application from the manager of a hotel or the owner of a lodging house or otherwise, the Controller may, from time to time, revise the fair rate to be charged for board, lodging or other service, and fix such rate as he may deem fit having regard to any general rise or fall in the cost of living which may have occurred after the fixing of the fair rate. View Complete Act List Judgments citing this sectionTitle : Protection of Action Taken Under This Chapter
State : Central
Year : 1952
No suit, prosecution or other legal proceeding shall lie against a Controller in respect of anything which is in good faith done or intended to be done under this Chapter. View Complete Act List Judgments citing this sectionTitle : Landlords Duty to Keep the Premises in Good Repair
State : Central
Year : 1952
(1) Notwithstanding anything contained in any law for the time being in force, and in the absence of agreement to the contrary by the tenant, every landlord shall be bound to keep the premises in good and tenantable repair. (2) If the landlord neglects or fails to make within a reasonable time, after notice in writing any repairs which he is bound to make under sub-section (1), the tenant may make the same himself and deduct the expenses of such repairs from the rent or otherwise recover them from the landlord: Provided that the amount so deducted or recoverable in any year shall not exceed one-twelfth of the rent payable by the tenant for that year. (3) Where any repairs without which the premises are not habitable or useable except with undue inconvenience are to be made and the..... View Complete Act List Judgments citing this sectionTitle : Fixing of Fair Rate
State : Central
Year : 1952
(1) Where the Controller, on a written complaint or otherwise, has reason to believe that the charges made for board or lodging or any other service provided in any hotel or lodging houses are excessive, he may fix a fair rate to be charged for board, lodging or other services provided in the hotel or lodging house and in fixing such fair rate, specify separately the rate for lodging, board or other services. (2) In determining the fair rate under sub-section (1), the Controller shall have regard to the circumstances of the case and to the prevailing rate of charges for the same or similar accommodation, board and service, during the twelve months immediately preceding the 1st day of September, 1939 and to any general increase in the cost of living after that date. View Complete Act List Judgments citing this sectionTitle : Provisions Relating to Inquiries by Controller
State : Central
Year : 1952
(1) No fair rate under this Chapter shall be fixed by the Controller except after holding an inquiry. (2) Every such inquiry shall be made summarily in the prescribed manner. (3) For the purposes of holding any inquiry under sub-section (1), the Controller may require the manager of a hotel or the owner of a lodging house to produce before him any books of account, documents or other information relating to the hotel or lodging house concerned which he may consider necessary and may himself enter, or authorise any person subordinate to him to enter, upon any premises to which the inquire relates. View Complete Act List Judgments citing this sectionTitle : Recovery of Possession by Manager of a Hotel or the Owner of a Lodging House
State : Central
Year : 1952
Notwithstanding anything contained in this Act, a manager of a hotel or owner of a lodging house shall be entitled to recover possession of the accommodation provided by him on obtaining a certificate from the Controller certifying- (a) that the lodger has been guilty of conduct which is a nuisance or which causes annoyance to any adjoining or neighbouring lodger; (b) that the accommodation is reasonably and bona fide required by the owner of the hotel or lodging house, as the case may be, either for his own occupation or for the occupation of any person for whose benefit the accommodation is held, or any other cause which may be deemed satisfactory by the Controller; (c) that the lodger has failed to vacate the accommodation on the termination of the period of the agreement in..... View Complete Act List Judgments citing this section