1. (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 date2
as the State Government
may, by notification in the Official Gazette, appoint.
2. (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 I and Schedule II.
(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 the Central Provinces and Berar Regulation of
Letting of Accommodation Act, 1946 and 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 I 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 II.
(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
I or Schedule II or that it shall not apply to any one or all purposes
specified in sub-section (1);
Short title,
extent and
commencement.
Application.
1
For Statement of Objects and Reasons, see Maharashtra Government Gazette, Extraordinary, Part V, pp. 347-349, dated 27th July 1993, for Report of the Joint Committee, see
Maharashtra Government Gazette, Extraordinary, Part V, pages 379-441, dated 23rd April
1999. 2
31st day of March 2000, vide G. N., H. and S. A. D., No. MRA.2000/CR- 14/Bhanika,
dated the 30th March 2000, p.297.
Bom.
LVII of
1947.
C.P. and
Berar Act
XI of
1946.
Hyd.
Act No.
XX of
1954.
2 The Maharashtra Rent Control Act, 1999 [2000 : Mah. XVIII
(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 I and Schedule II.
3. (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 rupees 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 purpose of a charitable nature or
to any class of premises used for such purpose;
(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 judgement, 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,
Exemption.
23 of
1955.
38 of
1959.
5 of
1970.
40 of
1980.
2 of
1934.
2000 : Mah. XVIII] The Maharashtra Rent Control Act, 1999 3
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. 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 discretion determine.
5. 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 institution 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. 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 given 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. 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 nonresidential 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
Power of State
Government to
issue orders in
respect of
premises
belonging to
local authority,
etc.
Cessation of
exemption.
Provisions
with regard to
standard rent
not to apply to
certain
premises.
Definitions.
Mah.
XXVIII of
1977.
Mah.
XXIV of
1961.
Mah.
XVI of
1997.
4 The Maharashtra Rent Control Act, 1999 [2000 : Mah. XVIII
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 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 Rents, 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 sanitorium 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 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;
Mah.
XVI of
1997.
Bom.
LVII of
1947.
Mah.
XVI of
1997.
V of
1908.
Mah.
XXIV of
1961.
H 4117—2
2000 : Mah. XVIII] The Maharashtra Rent Control Act, 1999 5
(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 fitting 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
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
Bom.
XVI of
1939.
Bom.
VII of
1944.
Bom. III
of 1888.
Mah.
XL of
1965.
C.P and
Berar II
of 1950.
Bom.
LIX of
1949.
Mah. V
of 1962.
Bom.
III of
1959.
Act 2 of
1924.
C.P. and
Berar Act
XXXVI of
1936.
Mah.
XXVIII
of 1977.
Bom.
XXXIII
of 1948.
*
This Act has been repealed by the Bombay Provincial Municipal Corporations (Amendment)
and the city of Nagpur Corporation (Repeal) Act, 2011 (Mah. 23 of 2012), s. 7. # The short title to this Act has been amended as “Maharashtra Municipal Corporations Act”
by Mah. 23 of 2012, s. 4.
$ The short title of this Act has been amended as “Maharashtra Village Panchayats Act” by
Mah. 24 of 2012, s. 2, Sch. Entry no. 74, w.e.f. 1.5.1960.
† The short title of this Act has been amended as “Maharashtra Land Requisition Act” by Mah.
24 of 2012, s. 2, Sch., Entry no. 32, w.e.f. 1.5.1960.
H 4117—2
6 The Maharashtra Rent Control Act, 1999 [2000 : Mah. XVIII
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 or the rent at which they were last let before that day, plus
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 cases 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.