8. (1) Subject to the provisions of section 9 in any of the following
cases, the court may, upon an application made to it for the purpose, or in
any suit or proceedings, fix the standard rent at such, amount as, having
regard to the provisions of this Act and the circumstances of the case, the
court, deems just,—
(a) where the court is satisfied that there is no sufficient evidence
to ascertain the rent at which the premises were let in any one of the
cases mentioned in paragraphs (i) and (ii) of sub-clause (b) of clause (14)
of section 7; or
(b) where by reasons of the premises having been let at one time as
a whole or in parts and at another time, in parts or as a whole, or for
any other reasons; or
(c) where any premises have been or are let rent-free or, at a nominal
rent; or for some consideration in addition to rent; or
(d) where there is any dispute between the landlord and the tenant
regarding the amount of standard rent.
(2) If there is any dispute between the landlord and the tenant
regarding the amount of permitted increase, the court may determine such
amount.
(3) If any application for fixing the standard rent or for determining
the permitted increase is made by a tenant,—
(a) the court shall forthwith specify the amount of rent, or permitted
increase which are to be deposited in court by the tenant, and make an
order directing the tenant to deposit such amount in court or, at the
option of the tenant, make an order to pay to the landlord such amount
thereof as the court may specify pending the final decision of the
application. A copy of the order shall be served upon the landlord;
(b) out of any amount deposited in the court under clause (a), the
court may make an order for payment of such reasonable sum to the
landlord towards payment of the rent or increases due to him as it
thinks fit;
(c) if the tenant fails to deposit such amount or, as the case may be,
to pay such amount thereof to the landlord, his application shall be
dismissed.
(4) (a) Where at any stage of a suit for recovery of rent, whether with
or without a claim for possession of the premises, the court is satisfied that
the rent is excessive and standard rent should be fixed, the court may, and
in any other case, if it appears to the court that it is just and proper to
make such an order, the court may make an order directing the tenant to
deposit in court forthwith such amount of the rent as the court considers
to be reasonable due to the landlord, or at the option of the tenant, an
order directing him to pay to the landlord such amount thereof as the
court may specify.
(b) The court may further make an order directing the tenant to deposit
in court periodically such amount as it considers proper as interim standard
rent, or at the option of the tenant, an order to pay to the landlord, such
amount thereof as the court may specify, during the pendency of the suit.
Court may fix
standard rent
and
permitted
increases in
certain cases.
H 4117—2a
8 The Maharashtra Rent Control Act, 1999 [2000 : Mah. XVIII
(c) The court may also direct that if the tenant fails to comply with
any order made as aforesaid, within such time as may be allowed by it, he
shall not be entitled to appear in or defend the suit except with leave of
the court, which leave may be granted subject to such terms and conditions
as the court may specify.
(5) No appeal shall lie from any order of the court under sub-sections
(3) and (4).
(6) An application under this section may be made jointly by all or any
of the tenants interested in respect of the premises situated in the same
building.
9. No court shall, upon an application or in any suit or proceedings,
fix the standard rent of any premises under section 8, or entertain any plea
that the rent or increases are excessive, if the standard rent or the permitted
increase in respect of the same premises have been duly fixed by a competent
court on the merits of the case, without any fraud or collusion or an error
of the facts, and there has been no structural alternations or change in the
amenities or in respect of any other factors which are relevant to the
fixation of the standard rent, or change in such increases, thereafter in the
premises.
10. (1) Save as otherwise provided in section 6, it shall not be lawful
to claim or receive on account of rent, for any premises any increases above
the standard rent and the permitted increases, unless the landlord was,
before the coming into operation of this Act, entitled to recover such
increase by virtue of, or under, the provisions of any of the repealed Acts
or is entitled to recover such increase under the provisions of this Act.
(2) Any contravention of provisions of sub-section (1) shall be an offence
punishable, on conviction, with imprisonment not exceeding three months
or fine not exceeding rupees five thousand or with both.
11. (1) After the commencement of this Act a landlord shall be
entitled to make an increase of 4 per cent. per annum in the rent of the
premises let for any of the purposes referred to in sub-section (1) of section 2.
Explanation.—For the purposes of this sub-section, the period of one
year on completion of which rent shall be so increased shall be computed
from the date of commencement of this Act.
(2) A landlord shall also be entitled to make such increase in the rent
of the premises as may be reasonable for an improvement or structural
alterations of the premises which has been made with the consent of the
seventy per cent. of the tenants given in writing.
Explanation.—In this sub-section, improvements and alterations do
not include the repairs which the landlord is bound to make under subsection (1) of section 14.
(3) (a) Notwithstanding anything contained in sub-section (2), but
subject to the provisions of clauses (b) and (d), a landlord shall further be
entitled to make an increase in the rent of premises by an addition to the
rent in the manner prescribed of an amount not exceeding fifteen per cent.
per annum of the expenses incurred on account of special additions to
premises or special alterations made therein or additional amenities
provided for the premises or on account of improvements or structural
alterations made under sub-section (2) after the commencement of this Act.
Explanation.—For the purpose of this clause, the expression “expenses
incurred” in relation to the execution of any work specified therein, means
the total cost incurred therefor as certified by the municipal authority or
an architect from a panel of architects notified by the State Government
for the purposes of this Act.
No
application
for standard
rent in
certain
circumstances.
Rent in
excess of
standard rent
illegal.
Increase in
rent annually
and on
account of
improvement
etc., special
addition etc.,
and special
or heavy
repairs.
2000 : Mah. XVIII] The Maharashtra Rent Control Act, 1999 9
(b) Before making any increase under clause (a), the landlord shall
obtain a certificate from the municipal authority that he was required by
it to make or to provide such additions, alterations, improvements or
amenities and has completed them in conformity with its requirements.
(c) If a landlord, when required by a municipal authority to execute
the work of any such additions, improvements, alterations or amenities,
fails to do so, the tenant or the tenants interested in such work may seek
the approval of the municipal authority for executing such work. The
municipal authority shall grant the approval, unless other measures are
taken by it to execute the said work. While granting the approval, the
municipal authority shall specify the nature of the work. Upon such
approval being granted, the tenants shall be entitled to execute the said
work and the expenses incurred for such work shall, for all purposes, be
binding on the landlord. The tenants shall also be entitled to deduct amount
of expenses incurred for such work from the rent which from time to time
becomes due by them to the landlord or otherwise recover such amount
from him :
Provided that, where such work is jointly executed by the tenants the
amount to be deducted or recovered by each tenant shall bear the same
proportion as the rent payable by him in respect of his premises bears to
the total amount of the expenses incurred for such work :
Provided further that, the total amount so deducted or recoverable
shall not exceed the amount of expenses incurred for such work.
Explanation.—For the purposes of this sub-section,—
(a) the expression “municipal authority” includes,—
(i) in the case of any Municipal Corporation, the Municipal
Commissioner or any officer of the Municipal Corporation authorised
by him in this behalf;
(ii) in the case of any Municipal Council, the Chief Officer of the
Council; and
(iii) in the case of any Cantonment, the Executive Officer of the
Cantonment;
(b) the expression “expenses incurred for such work” means the total
cost as certified by the municipal authority or an architect from the panel
of architects notified, by the State Government for the purposes of this
Act.
(d) In respect of any work executed by the tenants under clause (c)
and where the total amount of the expenses incurred for such work is
deducted or recovered by the tenant or tenants, as the case may be, in
accordance with the provisos thereto, the landlord shall be entitled to
make the increase permitted under clause (a); and such increase of rent
shall be payable from the month following the month in which such total
amount is so deducted or recovered.
(4) (a) The landlord shall also be further entitled to make, on account
of special or structural repairs made by him in accordance with the
provisions of this sub-section, a temporary increase in the rent of premises
by an addition to the rent, in the manner prescribed at a rate not exceeding
twenty-five per cent. of the standard rent; and the increase of rent shall be
payable from the date of completion of the repairs till the amount of the
expenditure for such repairs is recovered from the tenant.
Explanation.—Nothing in this sub-section shall apply to the structural
repairs to buildings carried out by the Mumbai Repairs and Reconstruction
Board under Chapter VIII of the Maharashtra Housing and Area
Development Act, 1976.
Mah.
XXVIII
of 1977.
10 The Maharashtra Rent Control Act, 1999 [2000 : Mah. XVIII
(b) Before making any increase under clause (a), the landlord shall
obtain, in the prescribed manner and in the prescribed form, a declaration
from the prescribed authority or a certificate from an architect from a
panel of architects notified by the State Government for the purposes of
this Act; asserting that it is necessary to undertake such repairs and
specifying the nature and extent of repairs required and the estimated cost
therefor, and after such repairs are carried out, the landlord shall also
obtain, in the prescribed manner and in the prescribed form, a certificate
from such prescribed 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 therefor.
(c) The increase in rent under clause (a) shall be recoverable from all
tenants occupying premises in the building on the basis of the actual
expenses incurred as specified in a certificate from the municipal authority
or the architect as aforesaid, and the amount to be recovered from each
tenant shall bear the same proportion as the rent payable by him in respect
of his premises bears to the total amount of actual expenses.
12. (1) Where a landlord is required to pay to Government or to any
local authority or statutory authority in respect of any premises any fresh
rate, cess, charges, tax, land assessment, ground rent of land, or any other
levy on lands and building, or increase in rate, cess, charges, tax, land
assessment, ground rent of land or any other levy on lands and buildings,
he shall, notwithstanding anything contained in any other provisions of
this Act but save as otherwise expressly provided in any other law for the
time being in force, be entitled to make an increase in the rent of such
premises :
Provided that, the increase in rent shall not exceed the amount of any
such rate, cess, charges, tax, land assessment, ground rent of land or any
other levy on lands and buildings, as the case may be.
(2) Where the rent is inclusive of charges for electricity and water
and the landlord is required to pay any increase in these charges in respect
of any premises, he shall be entitled to make an increase in the rent of
such premises by an amount not exceeding the additional amount payable
by him in respect of such premises on account of such increase.
(3) The amount of the increase in rent recoverable from each tenant
under sub-sections (1) and (2) shall bear the same proportion as the rent
payable by him in respect of his premises bears to the total amount of any
such rate, cess, charges, tax, land assessment, ground rent of land or any
other levy on lands and buildings, or increase in electricity or water charges,
as the case may be.
13. Any increase of rent under any of the foregoing provisions of
sections 11 and 12 shall not be deemed to be increase for the purpose of
section 10.
14. (1) Notwithstanding anything contained in any law for the time
being in force and in the absence of an 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 to make any repairs, which he is bound
to make under sub-section (1), within a reasonable time after a notice of
fifteen days is served upon him by post or in any other manner by a tenant
or jointly by tenants interested in such repairs, such tenant or tenants may
themselves make the same and deduct the expenses of such repairs from
the rent or otherwise recover them from the landlord.
Increase in
rent on
account of
payment of
rate, etc.
Certain
increase in
rent expected.
Landlords’
duty to keep
premises in
good repair.
2000 : Mah. XVIII] The Maharashtra Rent Control Act, 1999 11
Provided that, where the repairs are jointly made by the tenants, the
amount to be deducted or recovered with interest by each tenant shall bear
the same proportion as the rent payable by him in respect of his premises
bears to the total amount of the expenses incurred for such repairs together
with simple interest at fifteen per cent. per annum on such amount :
Provided further that, the amount so deducted or recoverable in any
year shall not exceed one-fourth of the rent payable by the tenant of that
year.
(3) For the purposes of calculating the expenses of the repairs made
under sub-section (2), the accounts together with the vouchers maintained
by the tenants shall be conclusive evidence of such expenditure and shall
be binding on the landlord.