23. (1) Notwithstanding anything to the contrary contained in this
Act or any contract,—
(A) a landlord, who,—
(i) is a member of armed forces of the Union, or was such a
member and has retired as such (which term shall include
premature retirement), or
(ii) holds a scientific post in the Department of Atomic Energy
of the Central Government or in any of its aided institution
(hereinafter in this section referred to as “a scientist”), or was
such a scientist and has retired as such (which term shall include
premature retirement), and one year has not elapsed since his
retirement on the date of making of the application, or
(iii) is an employee of the Government of India, Government
of any State or Union Territory, Public Sector Undertaking of the
Government of India or of any State Government (hereinafter
referred to as (“a Government servant”), and has retired as such
(which term shall include premature retirement) and one year
has not elapsed since his retirement on the date of the application,
shall be entitled to recover from his tenant the possession of any
premises owned by him on the ground that such premises are
bonafide required by him for occupation by himself or by any
member of his family, by making an application for the purpose of
recovery of possession of the premises, to the Competent
Authority; and the Competent Authority shall make an order of
eviction on that ground if—
(a) in the case of landlord who is a member of the armed
forces of the Union, he produces a certificate signed by the
authorised officer to the effect that,—
(i) he is a member of the armed forces of the Union, or
that he was such a member and has retired as such, and
Members of
armed forces
of the Union,
scientists or
their
successor-ininterest
entitled to
rocover
possession of
premises
required for
their
occupation.
2000 : Mah. XVIII] The Maharashtra Rent Control Act, 1999 19
(ii) he does not possess any other premises suitable
for residence in the local area where the premises are
situated; or
(b) in the case of a landlord who is scientist, he produces
a certificate signed by an officer of the Department of Atomic
Energy of, or above, the rank of Deputy Secretary to
Government to the effect that,—
(i) he is presently holding a scientific post in the
Department of Atomic Energy or in any of its aided
institutions specified in the certificate or he was holding
such post and has now retired with effect from the date
specified in the certificate; and
(ii) he does not possess any other suitable residence
(excluding any residential accommodation provided by
Government) in the local area where the premises are
situated; or
(c) in the case of a Government servant, he produces a
certificate signed by the Head of Department or the Head of
the office, or the Chief Executive of the Public Sector
Undertaking, by whatever designation called, to the effect
that,—
(i) he is presently holding the post in that
Department, office or Public Sector Undertaking or he
was holding such post and has now retired with effect
from the date specified in the certificate; and
(ii) he does not possess any other suitable residence
(excluding any residential accommodation provided by
Government or Public Sector Undertaking) in the local
area where the premises are situated;
(B) a successor-in-interest who becomes the landlord of the
premises owned by any landlord referred to in clause (A), as a result
of death of such a landlord while in service or where he is a member
of the armed forces of the Union, within five years of his retirement,
or where he is a scientist, or a Government servant, within one year
of his retirement, shall be entitled to recover possession of such
premises on the ground that such premises are bonafide required for
occupation by the successor-in-interest himself or by any member of
the family of the deceased landlord, by making an application for the
purpose of recovery of possession of the premises, to the Competent
Authority; and the Competent Authority shall make an order of eviction
on that ground if,—
(a) in the case of the successor-in-interest of a member of the
armed forces of the Union, he produces a certificate signed by the
authorised officer to the effect that,—
(i) a successor-in-interest is a widow or any other member
of the family of the deceased member of the armed forces of
the Union, who died while in service on the date specified in
the certificate (or of a member of the armed forces of the
Union who has retired and who died within five years of his
retirement on the date specified in the certificate); and
(ii) such a successor-in-interest does not possess any
other premises suitable for residence in the local area where
such premises are situated; or
20 The Maharashtra Rent Control Act, 1999 [2000 : Mah. XVIII
(b) in the case of a successor-in-interest of a scientist, he
produces a certificate signed by an officer of the Department of
Atomic Energy of, or above, the rank of Deputy Secretary to
Government, to the effect that,—
(i) the successor-in-interest is a widow or any other
member of the family of the deceased scientist who died while
in service on the date specified in the certificate (or of a
scientist who has retired and who died within one year of his
retirement on the date specified in the certificate);
(ii) such successor-in-interest does not possess any other
suitable residence (excluding any residential accommodation
provided by Government) in the local area where such
premises are situated; or
(c) in the case of a successor-in-interest of a Government
servant, he produces a certificate signed by the head of his
Department, Head of the office, or the Chief Executive, by whatever
designation called, of the Public Sector Undertaking, to the effect
that,—
(i) the successor-in-interest is a widow or any other
member of the family of the deceased Government servant,
who died while in service on the date specified in the
certificate (or of a Government servant who has retired and
who died within one year of his retirement on the date
specified in the certificate); and
(ii) such successor-in-interest does not possess any other
suitable residence (excluding any residential accommodation
provided by Government or the Public Sector Undertaking)
in the local area where such premises are situated.
(2) Any certificate granted under sub-section (1) shall be conclusive
evidence of the facts stated therein.
Explanation.—For the purposes of this section,—
(1) “ authorised officer ”, in relation to a member of the armed forces
of the Union, means the commanding officer or head of services, including ,—
(i) in the case of an officer retired from the Army, the Area
Commander,
(ii) in the case of an officer retired from the Navy, the Flag Officer
Command-in-Chief Naval Command, and
(iii) in the case of an officer retired from the Air Force, the Station
Commander ;
(2) “ member of the family ” means any of the following members of
the family of a member of the armed forces of the Union, or a scientist, or
a Government servant, as the case may be, who is ordinarily residing with
him and who is dependent on him and where member of the armed forces
of the Union or a scientist or a Government servant has retired or died,
any member of his family who is so residing or dependent at the time of
his retirement, or as the case may be, death, namely :—
spouse, father, mother, son, daughter, grand-son, grand-daughter, son’s
wife, grand-son’s wife, widow of predeceased son or grandson;
(3) “ successor-in-interest” means,—
(i) if the deceased landlord has a spouse living at the time of his
death, spouse, and
(ii) in any other case, any other member of his family.
2000 : Mah. XVIII] The Maharashtra Rent Control Act, 1999 21
Explanation.—A landlord or his successor-in-interest by
inheritance or otherwise shall not be entitled to recover possession
under this section from the tenant or his successor-in-interest by
transmission, where the landlord has acquired the property by purchase,
gift, exchange or otherwise (but excluding acquisition by inheritance
or succession or in the case of premises in a Co-operative Housing
Society, by acquisition of a share or right and interest in such premises
by nomination), and where at the time of acquisition, by purchase, gift,
exchange or otherwise the premises had been in the occupation of the
tenant or his predecessor-in-interest from whom the tenancy has been
transmitted and notwithstanding anything contained in any judgement,
decree or order of the court or anything contained in this Act or in any
other law for the time being in force, the provisions of this explanation
shall always be deemed to have applied to such a case, and the landlord
shall not be entitled to recover possession in any such case;
(4) “aided institution” means the Tata Institution of Fundamental
Research, and the Tata Memorial Centre, and also any other institution
which may be declared, from time to time, by the State Government in
consultation with the Department of Atomic Energy, to be aided institution
for the purposes of this section.
24. (1) Notwithstanding anything contained in this Act, a licensee,
in possession or occupation of premises given to him on licence for residence
shall deliver possession of such premises to the landlord on expiry of the
period of licence; and on the failure of the licensee to so deliver the
possession of the licensed premises, a landlord shall be entitled to recover
possession of such premises from a licensee, on the expiry of the period of
licence, by making an application to the Competent Authority, and the
Competent Authority, on being satisfied that the period of licence has
expired, shall pass an order for eviction of a licensee.
(2) Any licensee who does not deliver possession of the premises to
the landlord on expiry of the period of licence and continues to be in
possession of the licensed premises till he is dispossessed by the Competent
Authority shall be liable to pay damages at double the rate of the licence
fee or charge of the premises fixed under the agreement of licence.
(3) The Competent Authority shall not entertain any claim of whatever
nature from any other person who is not a licensee according to the
agreement of licence.
Explanation.—For the purposes of this section,—
(a) the expression “ landlord ” includes a successor-in- interest
who becomes the landlord of the premises as a result of death of such
landlord; but does not include a tenant or a sub-tenant who has given
premises on licence;
(b) an agreement of licence in writing shall be conclusive evidence
of the fact stated therein.