53. Offence under section 10 shall be non-cognizable and offences
under sections 17, 18, 19, 21, 29, 30 and 31 shall be cognizable and shall not
be triable by any court inferior to that of a Metropolitan Magistrate or a
Judicial Magistrate of the First Class.
54. Where person committing an offence under this Act is a company,
or other body corporate, or an association of persons (whether incorporated
or not) or a firm, every Director, Manager, Secretary, Agent or other officer
or person concerned with the management thereof, and every partner of
the firm shall, unless he proves that the offence was committed without his
knowledge or consent, be deemed to be guilty of such offence.
Section 18 to
apply with
modification.
Competent
Authority to
be deemed to
be public
servant.
45 of
1860.
All
proceedings
before
Competent
Authority to
be judicial
proceedings.
45 of
1860.
Competent
Authority to
be deemed to
be civil court
for certain
purpose.
2 of
1974.
Protection of
action taken
under this
Act.
Certain
offences to be
cognizable.
Offiences by
companies,
etc.
H 4117—5
30 The Maharashtra Rent Control Act, 1999 [2000 : Mah. XVIII
55. (1) Notwithstanding anything contained in this Act or any other
law for the time being in force, any agreement for leave and licence or
letting of any premises, entered into between the landlord and the tenant
or the licensee, as the case may be, after the commencement of this Act,
shall be in writing and shall be registered under the Registration Act,
1908.
(2) The responsibility of getting such agreement registered shall be on
the landlord and in the absence of the written registered agreement, the
contention of the tenant about the terms and conditions , subject to which
a premises have been given to him by the landlord on leave and licence or
have been let to him, shall prevail, unless proved otherwise.
(3) Any landlord who contravenes the provisions of this section shall,
on conviction, be punished with imprisonment which may extend to three
months or with fine not exceeding rupees five thousand or with both.
56. Notwithstanding anything contained in this Act, it shall be lawful for,—
(i) the tenant or any person acting or purporting to act on behalf
of the tenant to claim or receive any sum or any consideration, as a
condition of the relinquishment, transfer or assignment of his tenancy
of any premises;
(ii) the landlord or any person acting or purporting to act on
behalf of the landlord to receive any fine, premium or other like sum
or deposit or any consideration in respect of the grant, or renewal of
a lease of any premises, or for giving his consent to the transfer of a
lease to any other person.
57. (1) The State Government may, by notification in the Official
Gazette and subject to the condition of previous publication, make rules for
the purposes of giving effect to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing
provisions, such rules may provide for,—
(a) the manner in which addition to the rent shall be made under
sub-section (2) or clause (a) of sub-section (3) of section 11 ;
(b) the authority from which a declaration, and the manner and
the form in which declaration or a certificate from a notified architect
asserting that it is necessary to undertake repairs and the extent
thereof and estimated cost thereof, to be obtained by the landlord, and
the manner and the form in which, a certificate from such authority or
such architect confirming that the repairs were carried out in
accordance with the declaration, or as the case may be, the certificate
aforesaid, and fixing the date of completion of the repairs and the
actual expenses thereof, to be obtained by the landlord under clause
(b) of sub-section (5) of section 11;
(c) the form and the manner in which a receipt is to be given
under sub-section (1) of section 31 ;
(d) the manner in which rent recoverable according to any calendar
other than the British calendar before the commencement of this Act
shall be calculated and charged in terms of the British calendar under
sub-section (2) of section 32.
(e) the procedure to be followed in trying or hearing suits,
proceedings including proceedings for execution of decrees and distress
warrants, applications, appeals and execution of orders ;
(f) levy of court-fees in suits, proceedings and applications
instituted before a court or Competent Authority ;
(g) any other matter which has to be, or may be, prescribed.
Tenancy
agreement to
be
compusarily
registered.
XVI of
1908.
Right of
tenant and
landlord to
receive lawful
charges.
Power to
make rules.
2000 : Mah. XVIII] The Maharashtra Rent Control Act, 1999 31
(3) Every rule made under this section shall be laid, as soon as may
be, after it is made, before each House of the State Legislature while it is
in session for a total period of thirty days which may be comprised in one
session or in two successive sessions, and if, before the expiry of the session
in which it is so laid or the session immediately following, both Houses
agree in making any modification in the rule or both Houses agree that the
rule should not be made, the rule shall, from the date of publication of a
notification in the Official Gazette of such decision, have effect only in such
modified form or be of no effect, as the case may be ; so however, that any
such modification or annulment shall be without prejudice to the validity
of anything previoulsy done or omitted to be done under that rule.
58. (1) On the commencement of this Act, the following laws, that is
to say,—
(a) the Bombay Rents, Hotel and Lodging House Rates Control
Act, 1947 ;
(b) the Central Provinces and Berar Regulation of Letting of
Accommodation Act, 1946 including the Central Provinces and Berar
Letting of Houses and Rent Control Order, 1949; and
(c) the Hyderabad Houses (Rent, Eviction and Lease) Control Act,
1954,
shall stand repealed.
(2) Notwithstanding such repeal,—
(a) all applications, suits and other proceedings under the said
Acts, pending on the date of commencement of this Act before any
Court, Controller, Competent Authority or other office or authority,
shall be continued and disposed of, in accordance with the provisions
of the Acts so repealed, as if the said Acts had continued in force and
this Act had not been passed ;
(b) the provisions for appeal under the Acts so repealed shall
continue in force in respect of applications, suits and proceedings
disposed of thereunder ;
(c) any appointment, rule and notification made or issued under
any of the repealed Acts and in force on the date of commencement of
this Act shall, in so far as they are not inconsistant with the provisions
of this Act, be deemed to have been made or issued under this Act and
shall continue in force until it is superseded or modified by any
appointment, rule or notification made or issued under this Act;
(d) all prosecutions instituted under the provisions of any of the
repealed Acts shall be effective and disposed of in accordance with the
law.
59. For the removal of doubt it is hereby declared that, unless there
is anything repugnant in subject or context, references to suits or
proceedings in this Act shall include reference to proceedings under
Chapter-VII of the Presidency Small Causes Courts Act, 1882, and reference
to decrees in this Act shall include reference to final orders in such
proceedings.
60. If any difficulty arises in giving effect to the provisions of this
Act unifying, consolidating and amending the laws relating to the control
of rent and eviction and other connected matters in the repealed Acts, and
as are contained in this Act, the State Government may, as occasion arises,
by order do anything which appears to it to be necessary for the purpose
of removing the difficulty :
Provided that, no such order shall be made after the expiry of the
period of two years from the date of commencement of this Act.