39. The provisions of this Chapter or any rule made thereunder shall
have effect notwithstanding anything inconsistent therewith contained
elsewhere in the Act or in any other law for the time being in force.
40. (1) The State Government may, by notification in the Official
Gazette, appoint one or more persons to be called Competent Authority for
the purpose of exercising the powers conferred, and for performing the
duties imposed, on him under this Act in such local area as may be specified
in the said notification; and one or more such Competent Authorities may
be appointed for one or more such local areas.
(2) A person to be appointed as a Competent Authority shall be one—
(a) who is holding or has held an office, which in the opinion of
the State Government, is not lower in rank than that of a Deputy
Collector; or
(b) who is holding or has held a post of a Civil Judge, Junior
Division; or
(c) who has been for not less than five years an Advocate, enrolled
under the Advocates Act, 1961.
41. For the purposes of this Chapter, landlord means a landlord who is,—
(a) a person who has created a service tenancy in respect of his
premises or a part thereof in favour of his employee under section 22 ;
Saving of suit
involving
title.
Compensation
in respect of
proceedings
which are not
bonafide or
are false,
frivolous or
vexatious.
Procedure of
courts.
Time limit
for disposal
of suits,
proceedings
or appeals.
Provisions of
this Chapter
to have
overriding
effect.
Appointment
of competent
Authority.
25 of
1961.
Definition of
landlord for
the purpose
of Chapter
VIII.
2000 : Mah. XVIII] The Maharashtra Rent Control Act, 1999 27
(b) a member of the armed forces of the Union or a scientist or a
Government servant or a successor-in-interest, referred to in section
23; or
(c) a person who has given premises on licence for residence or
a successor-in-interest referred to in section 24.
42. Notwithstanding anything contained in this Act or any other
Law for the time being in force or any contract to the contrary or any
judgement or decree or order of any court, but subject to the provisions of
section 22 or 23 or 24, as the case may be, a landlord may submit an
application to the Competent Authority, signed and verified in a manner
provided in rules 14 and 15 of Order VI of the First Schedule to the Code
of Civil Procedure, 1908, as if it were a plaint, to the Competent Authority
having jurisdiction in the area in which the premises are situated, for the
purpose of recovery of possession of the premises from the tenant or licensee,
as the case may be.
43. (1) Every application by a landlord under this Chapter for the
recovery of possession shall be accompanied by such fees as may be
prescribed. The Competent Authority shall deal with the application in
accordance with the procedure laid down in this section.
(2) The Competent Authority shall issue summons in relation to every
application referred to in sub-section (2) in the form specified in Schedule
III.
(3) (a) The Competent Authority shall, in addition to, and
simultaneously with, the issue of summons for service on the tenant or
licensee, as the case may be, also direct the summons to be served by
registered post, acknowledgement due, addressed to the tenant or the
licensee or agent empowered by such tenant or licensee to accept the
service at the place where the tenant or licensee or such agent actually
and voluntarily resides or carries on business or personally works for gain.
(b) When an acknowledgement purporting to be signed by the tenant
or licensee or their agent is received by the Competent Authority or the
registered article containing the summons is received back with an
endorsement purporting to have been made by a postal employee to the
effect that the tenant or licensee or their agent had refused to take delivery
of the registered article, the Competent Authority may proceed to hear
and decide the application as if there has been a valid service of summons.
(4) (a) The tenant or licensee on whom the summons is duly served
in the ordinary way or by registered post in the manner laid down in subsection (3) shall not contest the prayer for eviction from the premises,
unless within thirty days of the service of summons on him as aforesaid,
he files an affidavit stating grounds on which he seeks to contest the
application for eviction and obtains leave from the Competent Authority as
hereinafter provided, and in default of his appearance in pursuance of the
summons or his obtaining such leave, the statement made by the landlord
in the application for eviction shall be deemed to be admitted by the tenant
or the licensee, as the case may be, and the applicant shall be entitled to
an order for eviction on the ground aforesaid.
(b) The Competent Authority shall give to the tenant or licensee leave
to contest the application if the affidavit filed by the tenant or licensee
discloses such facts as would disentitle the landlord from obtaining an
order for the recovery of possession of the premises on the ground specified
in section 22 or 23 or 24.
Special
provision for
making
application to
Competent
Authority by
landlord to
evict tenant
or licensee.
Special
procedure for
disposal of
applications.
V of
1908.
28 The Maharashtra Rent Control Act, 1999 [2000 : Mah. XVIII
(c) Where leave is granted to the tenant or licensee to contest the
application the Competent Authority shall commence the hearing of the
application as early as practicable and shall, as far as possible, proceed
with the hearing from day to day, and decide the same, as far as may be,
within six months of the order granting of such leave to contest the
application.
(5) The Competent Authority shall, while holding an inquiry in a
proceeding to which this Chapter applies, follow the practice and procedure
of a Court of Small Causes, including the recording of evidence.
44. (1) No appeal shall lie against an order for the recovery of
possession of any premises made by the Competent Authority in accordance
with the procedure specified in section 43.
(2) The State Government or such officer, not below the rank of an
Additional Commissioner of a Revenue Division, as the State Government
may, by general or special order, authorise in this behalf, may, at any time
suo motu or on the application of any person aggrieved, for the purposes
of satisfying itself that an order made in any case by the Competent
Authority under section 43 is according to law, call for the record of that
case and pass such order in respect thereto as it or he thinks fit :
Provided that, no such order shall be made except after giving the
person affected a reasonable opportunity of being heard in the matter :
Provided further that, no powers of revision at the instance of person
aggrieved shall be exercised, unless an application is presented within
ninety days of the date of the order sought to be revised.
45. If any person refuses or fails to comply with the order of eviction
made under section 43 within thirty days of the date on which it has
become final, the Competent Authority or any other officer duly authorised
by the Competent Authority in this behalf, may evict that person from, and
take possession of, the premises and deliver the same to the landlord and
for that purpose, use such force as may be necessary.
46. (1) Subject to sub-section (2), all suits and proceedings filed by
landlords, being the landlords referred to in clause (a) or (b) or (c) of
section 41 for eviction of tenant on the grounds specified in section 22 or
23 or 24 and pending on the date of commencement of this Act, unless the
landlord withdraws the same in relation to relief of recovery of possession
of the premises claimed therein, be heard, proceeded with and disposed of
by the Court in which such suit or proceeding is pending as if this Act had
not been passed.
(2) Any such landlord seeking to evict the tenant on the grounds
specified in section 22 or 23 or 24 may, if he has already proceeded against
the tenant in a suit or in a proceeding in the court and withdraws the suit
or proceeding in relation to the claim made therein with leave of court,
proceed against the tenant in accordance with the provisions of this Chapter.
47. Save as otherwise expressly provided in this Act, no civil court
shall have jurisdiction in respect of any matter which the Competent
Authority or the State Government or an officer authorised by it is
empowered by or under this Act,to decide, and no injunction shall be granted
by any court or other authority in respect of any action taken or to be
taken in pursuance of any power so conferred on the Competent Authority
or the State Government or such officer.
Order of
Competent
Authority to
be nonappealable
and revision
by State
Government.
Effect of
refusal or
failure to
comply with
order of
eviction.
Pending Suits
and
proceedings
in courts.
Bar of
Jurisdiction.
2000 : Mah. XVIII] The Maharashtra Rent Control Act, 1999 29
48. (1) In respect of recovery of possession by a landlord referred to
in clause (b) or (c) of section 41 in pursuance of an order of the Competent
Authority, the provisions of section 18 shall apply as if, for sub-sections (1)
and (2) thereof, the following sub-sections had been substituted, namely :—
“ (1) Where a landlord, being the landlord referred to in clause
(b) of section 41 who has obtained possession of the premises in
pursuance of any order passed by the Competent Authority, does not
occupy the premises or re-lets either the whole or any part of the
premises, within two years from the date such landlord recovers
possession, to any person other than the evicted tenant, the Competent
Authority may, on the application of the evicted tenant, made within
twenty-five months of such date, order the landlord or any other person
claiming under him to place the evicted tenant in occupation of the
premises on the original terms and conditions, and on such order
being made the landlord or such person who may be in occupation of
the premises shall give vacant possession to the evicted tenant.
(2) Any such landlord who keeps such premises unoccupied or relets the same as aforesaid and any such landlord or other person in
occupation of the premises who fails to comply with order of the
Competent Authority under sub-section (1), shall, on conviction, be
punishable with imprisonment for a term which may extend to three
months or with fine or with both.”.
(2) Nothing in section 20 shall apply to a landlord referred to in clause
(c) of section 41.
49. A Competent Authority appointed under this Chapter shall be
deemed to be a public servant within the meaning of section 21 of the
Indian Penal Code.
50. All proceedings before a Competent Authority shall be deemed
to be judicial proceedings for the purposes of sections 193 and 228 of the
Indian Penal Code.
51. Every Competent Authority shall be deemed to be a civil court
for the purposes of sections 345 and 346 of the Code of Criminal Procedure,
1973.
52. No suit, proceeding or other legal proceedings shall lie against
the Competent Authority in respect of anything in good faith done or
intended to be done under this Act.