25. When the interest of a tenant of any premises is determined for
any reason, any sub-tenant to whom the premises or any part thereof have
been lawfully sub-let and such sub-tenancy is subsisting on the date of
commencement of this Act or where sub-tenency is permitted by a contract
between the landlord and the tenant, such sub-tenant shall, subject to the
Landlord
entitled to
recover
possession of
premises
given on
licence on
expiry.
Certain Subtenants to
become
tenants on
determination
of tenancy.
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22 The Maharashtra Rent Control Act, 1999 [2000 : Mah. XVIII
provisions of this Act, be deemed to become the tenant of his landlord on
the same terms and conditions as he would have held from the tenant if
the tenancy had continued.
26. Notwithstanding anything contained in any law for the time being
in force but subject to any contract to the contrary it shall not be lawful for
any tenant to sub-let or give on licence the whole or any part of the premises
let to him, or to assign or transfer in any other manner his interest therein :
Provided that, the State Government may by notification in the Official
Gazette, permit in any area the transfer of interest in premises held under
such leases or class of leases any premises or class of premises other than
those let for business, trade or storage to such extent as may be specified
in the notification.
27. (1) On the 7th December 1996, that is 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 (hereinafter in this section referred to as “ the said
date”),—
(a) the State Government, in respect of the premises requisitioned
or continued under requisition and allotted to a Government allottee
referred to in sub-clause (a) of clause (2) of section 7 ; and
(b) the Government allottee, in respect of the premises
requisitioned or continued under requisition and allotted to him as
referred to in sub-clause (b) of clause (2) of section 7,
shall, notwithstanding anything contained in this Act, or in the Bombay
Land Requisition Act, 1948, or in any other law for the time being in
force, or in any contract, or in any judgment, decree or order of any
court passed on or after the 11th June 1996, or in any order of eviction
issued by the Competent Authority, or by the Appellate Authority,
under the Bombay Land Requisition Act, 1948, be deemed to have
become, for the purposes of this Act, the tenant of the landlord; and
such premises shall be deemed to have been let by the landlord to the
States Government or, as the case may be, to such Government allottee,
on payment of rent and permitted increases equal to the amount of
compensation payable in respect of the premises immediately before
the said date.
(2) Save as otherwise provided in this section or any other provisions
of this Act, nothing in this section shall affect,—
(a) the rights of the landlord including his right to recover
possession of the premises from such tenant on any of the grounds
mentioned in section 16 or in any other section ;
(b) the right of the landlord or such tenant to apply to the court
for the fixation of standard rent and permitted increases under this
Act, by reason only of the fact that the amount of the rent and permitted
increases, if any, to be paid by such tenant to the landlord is determined
under sub-section (1) ;
(c) the operation and the application of the other relevant
provisions of this Act in respect of such tenancy.
28. The landlord shall be entitled to inspect the premises let or
given on licence, at a reasonable time after giving prior notice to the tenant,
licensee or occupier.
In absence of
contract
tenant not to
sub-let or
transfer or
give on
licence.
State
Government
or
Government
allottee to
become
tenant of
premises
requisitioned
or continued
under
requisition.
Bom.
XXXIII
of 1948.
Inspection of
premises.
Mah.
XVI of
1997.
Bom.
XXXIII
of 1948.
2000 : Mah. XVIII] The Maharashtra Rent Control Act, 1999 23
29. (1) No landlord, either himself or through any person acting or
purporting to act on his behalf, shall, without just or sufficient cause, cutoff or withhold any essential supply or service enjoyed by the tenant in
respect of the premises let to him.
(2) A tenant in occupation of the premises may, if the landlord has
contravened the provisions of sub-section (1), make an application to the
court for a direction to restore such supply or service.
(3) Having regard to the circumstances of a particular case the court
may, if it is satisfied that it is necessary to make an interim order, make
such order directing the landlord to restore the essential supply or service
before the date specified in such order, before giving notice to the landlord
of the enquiry to be made in the application under sub-section (3) or during
the pendency of such enquiry. On the failure of the landlord to comply with
such interim order of the court, the landlord shall be liable to the same
penalty as is provided for in sub-section (4).
(4) If the court on inquiry finds that the tenant has been in enjoyment
of the essential supply or service and that it was cut-off or withheld by the
landlord without just or sufficient cause, the court shall make an order
directing the landlord to restore such supply or service before a date to be
specified in the order. Any landlord who fails to restore the supply or
service before the date so specified, shall, for each day during which the
default continues thereafter, be liable upon further directions by the court,
to that effect, to fine which may extend to one hundred rupees.
(5) Any landlord, who contravences, the provisions of sub-section (1),
shall, on conviction, be punishable with imprisonment for a term which
may extend to three months or with fine which may extend to one thousand
rupees or with both.
(6) An application under this section may be made jointly by all or any
of the tenants of the premises situated in the same building.
Explanation.—In this section,—
(a) essential supply or service includes supply of water, electricity,
lights in passages and on stair-cases, lifts and conservancy or sanitary
service ;
(b) withholding any essential supply or service shall include acts
or ommissions attributable to the landlord on account of which the
essential supply or service is cut-off by the municipal authority or any
other competent authority.
(7) Without prejudice to the provisions of sub-sections (1) to (6) or any
other law for the time being in force, where the tenant,—
(a) who has been in enjoyment of any essential supply or service
and the landlord has withheld the same, or
(b) who desires to have, at his own cost, any other essential supply
or service for the premises in his occupation,
the tenant may apply to the Municipal or any other authority authorised
in this behalf, for the permission or for supply of the essential service and
it shall be lawful for that authority to grant permission for, supply of such
essential supply or service applied for without insisting on production of
a ‘No Objection Certificate’ from the landlord by such tenant.
30. (1) A landlord shall not use or permit to be used for a commercial
purpose any premises which, on the date of the commencement of this Act,
were used for a residential purpose.
Landlord not
to cut off or
withhold
essential
supply or
service.
Conversion of
residential
into
commercial
premises
prohibited
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24 The Maharashtra Rent Control Act, 1999 [2000 : Mah. XVIII
(2) Any landlord who contravenes the provisions of sub-section (1)
shall, on conviction, be punishable with imprisonment for a term which
may extend to six months or with fine which may extend to ten thousand
rupees or with both.
31. (1) Every landlord shall give a written receipt for any amount at
the time when such amount is received by him in respect of any premises
in such form and in such manner as may be prescribed.
(2) Every landlord shall, without charging any consideration, issue
the rent receipt in respect of the premises let out to the deceased tenant
in the name of the family member referred to in sub-clause (d) of clause
(15) of section 7.
(3) Any landlord or person who fails to give a written receiept for any
amount received by him in respect of any premises shall, on conviction, be
punishable with fine which may extend to one hundred rupees for each day
of default.
32. (1) Notwithstanding anything contained in any law for the time
being in force or any contract, custom of local usage to the contrary, rent
payable by the month or year or portion of a year shall be recovered
according to the British Calendar.
(2) The State Government may prescribe the manner in which rent
recoverable according to any other calendar before the coming into operation
of this Act shall be calculated and charged in terms of the British Calendar.