The provisions of this Chapter shall apply to all hotels and lodging houses in the areas which the Central Government may, by notification in the Official Gazette, specify:
Provided that if the Central Government is of opinion that it would not be desirable in the public interest to make the provisions of this Chapter applicable to any class of hotels or lodging houses, it may, by notification in the Official Gazette, exempt such class of hotels or lodging houses from the operation of this Chapter.
(1) Where the Rent Authority, on a written or otherwise, has reason to believe that the charges made for board or lodging or any other service provided in any hotel or lodging house 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 Rent Authority 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 June, 1951, and any general increase in the cost of living after that date.
On a written application from the manager of a hotel or the owner of a lodging house or otherwise, the Rent Authority may, from time to time, revise the fair rate to be charged for board, lodging or other service in a hotel or lodging house, 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 fair rate.
When the Rent, Authority has determined the fair rate of charges in respect of a hotel or lodging houses,-
(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 tile previous Written permission of the Rent Authority, withdraw from the lodger any concession or services allowed at the time when Me Relic Authority 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 paid by a lodger in excess of the fair rate shall be recoverable by him at any time within a period of six months from the date of the payment from the manager of the hotel or the owner of the lodging house or Ills legal representatives and may, without prejudice to any other mode of recovery, be deducted by such lodger from any amount payable by him to such manager or owner.
Notwithstanding anything contained in this Act, the manager of a hotel or the owner of a lodging house shall, be entitled to recover possession of the accommodation provided by him to a lodger on obtaining a certificate from the Rent Authority certifying-
(a) That the lodger has be6n guilty of conduct which is a nuisance or which causes annoyance to any adjoining or neigh bouring lodger.
Explanation.-For the purposes of this clause, "nuisance"shall be deemed to include any act which constitutes an offence under the Immoral Traffic (Prevention) Act, 1956;(104 of 1956.)
(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 to the Rent Authority;
(c) That the lodger has failed to vacate the accommodation on the termination of the period of the agreement in respect thereof;
(d) That the lodger has done any act which is inconsistent with the purpose for which the accommodation was given to him or which is likely to affect adversely or substantially the owners interest therein;
(e) That the lodger has failed to pay the rent due from him.
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