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An Act to unify, consolidate and amend the law relating to
the control of rent and repairs of certain premises and of eviction and for
encouraging the construction of new houses by assuring a fair return on the
investment by landlords and to provide for the matters connected with the
purposes aforesaid.
WHEREAS it is expedient to unify, consolidate and amend
the laws prevailing in the different parts of the State relating to the control
of rents and repairs of certain premises and of eviction and for encouraging the
construction of new houses by assuring a fair return and to provide for the
matters connected with the purposes aforesaid; It is hereby enacted in the
Fiftieth year of the Republic of India as follows :-
CHAPTER
I
PRELIMINARY
1. Short title, extent
and commencement.
(1) This Act may be called the Maharashtra Rent Control
Act, 1999.
(2) It shall extend to the whole of the State of
Maharashtra.
(3) It shall come into force on such date as the State
Government may, by notification in the Official Gazette, appoint.
2. Application.
(1) This Act shall, in the first instance, apply to
premises let for the purposes of residence, education, business, trade or
storage in the areas specified in Schedule 1 and Schedule 11.
(2) Notwithstanding anything contained in sub-section
(1), it shall also apply to the premises or, as the case may be, houses let
out in the areas to which the Bombay Rents, Hotel and Lodging House Rates
Control Act, 1947 or the Central Provinces and Berar Letting of Houses and
Rent Control Order, 1949 issued under die Central Provinces and Berar
Regulation of Letting of Accommodation Act, 1946 and The Hyderabad Houses
(Rent, Eviction and Lease) Control Act, 1954 were extended and applied before
the date of commencement of this Act and such premises or houses continue to
be so let on that date in such areas which are specified in Schedule 1 to this
Act, notwithstanding that the area ceases to be of the description therein
specified.
(3) It shall also apply to the premises let for the
purposes specified in sub-section (1) in such of the cities or towns as
specified in Schedule Il.
(4) Notwithstanding anything contained hereinabove, the
State Government may, by notification in the Official Gazette, direct
that -
(a) this Act shall not apply to any of the areas
specified in Schedule 1 or Schedule II or that it shall not apply to any one
or all purposes specified in sub-section (1);
(b) this Act shall apply to any premises let for any
or all purposes specified in sub-section (1) in the areas other than those
specified in Schedule 1 and Schedule II.
3. Exemption.
(1) This Act shall not apply ----
(a) to any premises belonging to the Government or a
local authority or apply as against the Government to any tenancy, licence
or other like relationship created by a grant from or a licence given by the
Government in respect of premises requisitioned or taken on lease or on
licence by the Government, including any premises taken on behalf of the
Government on the basis of tenancy or of licence or other like relationship
by, or in the name of any officer subordinate to the Government authorised
in this behalf, but it shall apply in respect of premises let, or given on
licence, to the Government or a local authority or taken on behalf of the
Government on such basis by, or in the name of, such officer;
(b) to any premises let or sub-let to banks, or any
Public Sector Undertakings or any Corporation established by or under any
Central or State Act, or foreign missions, international agencies,
multinational companies, and private limited companies and public limited
companies having a paid up share capital of more than rupee one crore or
more.
Explanation. - For the purpose of this clause
the expression "bank" means,-
(i) the State Bank of India constituted under the
State Bank of India Act, 1955;
(ii) a subsidiary bank as defined in the State Bank of
India (Subsidiary Banks) Act, 1959;
(iii) a corresponding new bank constituted under
section 3 of the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970 or under section 3 of the Banking Companies
(Acquisition and Transfer of Undertaking) Act, 1980; or
(iv) any other bank, being a scheduled bank as defined
in clause (e) of section 2 of the Reserve Bank of India Act, 1934.
(2) The State Government may direct that all or any of the
provisions of this Act shall, subject to such conditions and terms as it may
specify, not apply-
(i) to premises used for public purposes of a charitable
nature or to any class of premises used for such purposes;
(ii) to premises held by a public trust for a religious
or charitable purpose and let at a nominal or concessional rent;
(iii) to premises held by a public trust for a religious
or charitable purpose and administered by a local authority; or
(iv) to premises belonging to or vested in an university
established by any law for the time being in force.
Provided that, before issuing any direction under this
sub-section, the State Government shall ensure that the tenancy rights of the
existing tenants are not adversely affected.
(3) The expression "premises belonging to
the Government or a local authority" in sub-section (1) shall,
notwithstanding anything contained in the said sub-section or in any judgment,
decree or order of a court, not include a building erected on any land held by
any person from the Government or a local authority under an agreement, lease,
licence or other grant, although having regard to the provisions of such
agreement, lease, licence or grant the building so erected may belong or
continue to belong to the Government or the local authority, as the case may be,
and such person shall be entitled to create a tenancy in respect of such
building or a part thereof.
4. Power of State
Government to issue orders An respect of premises belonging to local authority,
etc.
Notwithstanding anything contained in this Act, the State
Government may, from time to time, by general or special order, direct that the
exemption granted to a local authority under sub-section (1) of section 3 shall
be subject to such conditions and terms as it may specify either generally or
specially in any particular case, as the State Government may in its direction
determine.
5. Cessation of
exemption.
Where there is any contravention of any conditions or
terms subject to which any exemption is granted by or under the provisions of
this Act, it shall be competent for the State Government to direct that such
exemption shall cease to have effect from such date as may be specified in the
order:
Provided that, no such order shall be made, unless the
local Authority or the religious or charitable institutions or the university
referred to in sub-section (2) of section 3 has been given a reasonable
opportunity of showing cause as to why such an order should not be issued.
6. Provisions with regard
to standard rent not to apply to certain premises.
Notwithstanding anything contained in this Act, from the
commencement of this Act, the provisions relating to standard rent and permitted
increases shall not apply to any premises let or given on licence in a building,
whether newly constructed or otherwise where such premises were not let or give
on licence for a continuous period of one year:
Provided that, nothing in this section shall apply to,-
(a) the premises referred to in sections 20 and 21;
(b) the premises which are constructed or reconstructed
in any housing scheme, undertaken by Government or the Maharashtra Housing and
Area Development Authority or by any of its Boards established under section
18 of the Maharashtra Housing and Area Development Act, 1976.
7. Definitions.
In this Act, unless there is anything repugnant to the
subject or context,-
(1) "Competent Authority" means the competent
authority appointed under section 40;
(2) "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 7th December, 1996, being 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, were in their
occupation or 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 were allotted by the State Government for
residential purpose to any person and on the 7th December, 1996, being 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 was in occupation or
possession of such premises for his or such legal heir's own residence,
means such person or legal heir;
(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 also 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 sub-let any premises; and also
includes, in respect of a licensee deemed to be a tenant under the provisions
of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, the
licensor who has given premises on licence and in respect of the State
Government or as the case may be, the Government allottee referred to in
sub-clause (b) of clause (2) deemed to be a tenant by section 27, the person
who was entitled to receive the rent if the premises were let to a tenant
immediately before the 7th December, 1996, that is before the coming into
force of the Bombay Rent, Hotel and Lodging House Rates Control, Bombay Land
Requisition and the 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;
(5) "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 sanatorium or a person having any accommodation in a hotel,
lodging house, hostel, guest house, club, nursing home, hospital, sanatorium,
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 exigencies of service or provisions of 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 increase for such
premises, and any additional sum for service 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;
(6) "local authority" means,-
(a) the Mumbai Municipal Corporation constituted under
the Mumbai Municipal Corporation Act or the Nagpur Municipal Corporation
constituted under the City of Nagpur Municipal Corporation Act, 1948 or any
Municipal Corporation constituted in respect of any city under the Bombay
Provincial Municipal Corporations Act, 1949.
(b) a Municipal Council, constituted under, the
Maharashtra Municipal Councils, Nagar Panchayats and Industrial
Townships Act, 1965
(c) a Zilla Parishad and a Panchayat
Samiti, constituted under the Maharashtra Zilla Parishads and Panchayat Samitis
Act, 1961,
(d) a Village Panchayat, constituted under the
Bombay Village Panchayats Act, 1958,
(e) a cantonment, constituted under the Cantonments Act,
1924,
(f) the Nagpur Improvement Trust, constituted under the
Nagpur Improvement Trust Act, 1936,
(g) the Maharashtra Housing and Area Development
Authority or a Board, constituted under the Maharashtra Housing and Area
Development Act, 1976.
(h) the City and Industrial Development Corporation,
(i) the Pimpri and Chinchwad New Township Development
Authority;
(7) "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;
(8) "permitted increase" means an increase in
rent permitted under the provisions of this Act;
(9) "premises" means any building or part of a
building let or given on licence separately (other than a farm building)
including,-
(i) the gardens, grounds, garages and out-houses, if
any, appurtenant to such building or part of a building,
(ii) 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;
(10) "premises requisitioned or continued under
requisition" means the premises requisitioned or continued under
requisition under the Bombay Land Requisition Act, 1948;
(11) "Prescribed" means prescribed
by rules;
(12) "repealed Act" or "repealed Acts"
means the Act, or Acts referred to in section 58.
(13) "rules" means the rules made under this
Act;
(14) "standard rent', in relation to any premises
means,-
(a) where the standard rent is fixed by the Court or, as
the case may be, the Controller under the Bombay Rent Restriction Act, 1939,
or the Bombay Rents, Hotel Rates and Lodging House Rates (Control) Act, 1944
or the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, or the
Central Provinces and Berar Letting of Houses and Rent Control Order, 1949
issued under the Central Provinces and Berar Regulation of Letting of
Accommodation Act, 1946, or the Hyderabad Houses (Rent, Eviction and Lease)
Control Act, 1954, such rent plus an increase of 5 per cent, in the
rent so fixed; or
(b) where the standard rent or fair rent is not so
fixed, then subject to the provisions of sections 6 and 8,-
(i) the rent at which the premises were let on the 1st
day of October 1987; or
(ii) where the premises were not let on the 1st day of
October 1987, the rent at which they were last let before that day, plus
an increase of 5 per cent, in the rent of the premises let before the
1st day of October, 1987, or
(c) in any of the case specified in section 8, the rent
fixed by the court;
(15) "tenant" means any person by whom or on
whose account rent is payable for any premises and includes,-
(a) such person,-
(i) who is a tenant, or
(ii) who is a deemed tenant, or
(iii) who is a sub-tenant as permitted under a
contract or by the permission or consent of the landlord, or
(iv) who has derived title under a tenant, or
(v) to whom interest in premises has been assigned
or transferred as permitted,
by virtue of, or under the provisions of, any of the
repealed Acts;
(b) a person who is deemed to be a tenant under
section 25;
(c) a person to whom interest in premises has been
assigned or transferred as permitted under section 26;
(d) in relation to any premises, when the tenant dies,
whether the death occurred before or after the commencement of this Act, any
member of the tenant's family, who,-
(i) where they are let for residence, is residing,
or
(ii) where they are let for education, business,
trade or storage, is using the premises for any such purpose,
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 the absence 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 even on the
death of any subsequent tenant, who becomes tenant under these provisions on
the death of the last preceding tenant.
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