SectionsParticulars
Chapter IPreliminary
1Short title, extent and commencement
(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...
2Application
(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 i...
3Exemption
(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, licen...
4Power of State Government to issue orders An respect of premises belonging to local authority, etc.
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...
5Cessation of exemption
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 comp...
6Provisions with regard to standard rent not to apply to certain premises
Notwithstanding anything contained in this Act, from the commencement of this Act, the provisions relating to standard rent and permitted increases shall not ...
7Definitions
In this Act, unless there is anything repugnant to the subject or context,-(1) "Competent Authority" means the competent authority appointed under section 40;...
Chapter IIProvisions Regarding Fixation Of Standard Rent And Permitted Increases
8Court may fix standard rent and permitted Increases In certain cases
(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 pro...
9No applications for standard rent In certain circumstances
No court shall, upon an application or in any suit or proceeding, fix the standard rent of any premises under section 8, or entertain any plea that the rent o...
10Rent in excess of standard rent illegal
(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 ...
11Increase in rent annually and on account of improvement, etc. special addition etc. and special or heavy repairs
(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...
12Increase in rent on account of payment of rates, etc
(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, charge...
13Certain Increase in rent excepted
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....
14Landlords' duty to keep premises in good repair.
(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...
Chapter IIIRelief Against Forfeiture
15No ejectment ordinarily to he made if tenant pays or is ready and willing to pay standard rent and permitted increases
(1) A landlord shall not be entitled to the recovery of possession of any premises so long as the tenant pays, or is ready and willing to pay, the amount of t...
Chapter IVRecovery Of Possession
16When landlord may recover possession
(1) Notwithstanding anything contained in this Act but subject to the provisions of section 25, a landlord shall be entitled to recover possession of any prem...
17Recovery of possession for repairs and re-entry
(1) The court shall, when passing a decree on the ground specified in clause (h) of sub-section (1) of section 16, ascertain from the tenant whether he elects...
18Recovery of possession for occupation etc. and re-entry
(1) Where a decree for eviction has been passed by the court on the ground specified in clause (g) of sub-section (1) of section 16, and the premises are not ...
19Recovery of possession for demolishing building
(1) Where a decree for eviction has been passed by the court on the ground specified in clause (i) or (j) of sub-section (1) of section 16, and the work of de...
20Tenants. right to give notice to landlord of his intention to occupy tenement In new building
Where a decree for eviction has been passed by the court on the ground specified in clause (i) of sub-section (1) of section 16 and the work of demolishing th...
21Landlord to Intimate to tenant date of completion and tenant's right to occupy Premises in new building
(1) The landlord shall, not less than three months before the date on which the erection of the new building or, as the case may be, new floor or floors is li...
22Recovery of possession in case of tenancy created during service period
(1) Where any landlord intends to let any premises or any part thereof belonging to him, to his employee, such landlord and the employee may enter into an agr...
Chapter VSpecial Provisions For Recovery Of Possession In Certain Cases
23Members of armed forces of the Union, scientists or their successor-in-interest entitled to recover possession of premises required for their occupation
(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 ...
24Landlord entitled to recover possession of premises given on license on expiry
(1) Notwithstanding anything contained in this Act, a licensee in possession or occupation of premises given to him on license for residence shall deliver pos...
Chapter VIProvisions Regarding Sub-Tenancies And Other Matters Concerning Tenancies
25Certain sub-tenants to become tenants on determination of tenancy
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...
26In absence of contract tenant not to sub-let or transfer or to give on license
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 ...
27State Government or Government allotted to become tenant of premises requisitioned or continued under requisition
(1) On the 7th December, 1996, that is the date of coming into force of the Bombay Rents, Hotel and Lodging Houses Rates Control, Bombay Land Requisition and ...
28Inspection of premises
The landlord shall be entitled to inspect the premises let or given on license, at a reasonable time after giving prior notice to the tenant, licensee or occu...
29Landlord not to cut-off or withhold essential supply or service
(1) No landlord, either himself or through any person acting or purporting to act on his behalf, shall, without just or sufficient cause, cut-off or withhold ...
30Conversion of residential into commercial premises prohibited
(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 r...
31Giving receipt for any amount received compulsory
(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 ...
32Recovery of rent, according to British Calendar
(1) Notwithstanding anything contained in any law for the time being in force or any contract, custom or local usage to the contrary, rent payable by the mont...
Chapter VIIProvisions Regarding Jurisdiction Of Courts, Suits, Appeals, Practice And Procedure
33Jurisdiction of courts
(1) Notwithstanding anything contained in, any law for the time being in force, but subject to the provisions of Chapter VIII, and notwithstanding that by rea...
34Appeal
(1) Notwithstanding anything contained in any law for the time being in force, an appeal shall lie(a) in Brihan Mumbai. from a decree or order made by the Cou...
35Saving of suit Involving title
Nothing contained in sections 33 and 34 shall be deemed to bar a party to a suit, proceeding or appeal mentioned therein in which a question of title to premi...
36Compensation in respect of proceedings which are not bona fide or are false, frivolous or vexatious
If the court finds that any suit, proceeding or application instituted or made before it, is not instituted, or made, bona fide or is false, frivolous or vexa...
37Procedure of Courts
The Courts specified in sections 33 and 34 shall follow the prescribed procedure in trying and hearing suits, proceedings, applications and appeals and in exe...
38Time limit for disposal of suits, proceedings or appeals
Notwithstanding anything contained in this Act or in any other law for the time being in force-(a) a suit or proceeding under this Act shall be heard and disp...
Chapter VIIISummary Disposal Of Certain Applications
39Provisions of this Chapter to have overriding effect
The provisions of this Chapter or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained elsewhere in the Act or...
40Appointment of Competent Authority
(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 exercis...
41Definition of landlord for the purpose of Chapter VIII
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 thereo...
42Special provisions for making application to Competent Authority
by landlord to evict tenant or licensee. Notwithstanding anything contained in this Act or any other law for the time being in force or any contract to the co...
43Special procedure for disposal of applications
(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 Au...
44Order of Competent Authority to be non-appealable and revision by State Government
(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 speci...
45Effect of refusal or failure to comply with order of eviction
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 Com...
46Pending suits and proceedings in courts
(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 ev...
47Bar of jurisdiction
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 G...
48Section 19 to apply with modification
(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, th...
49Competent Authority to be deemed to be public servant
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....
50All proceedings before Competent Authority to be judicial proceedings
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....
51Competent Authority to be deemed to be civil court for certain purposes
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....
52Protection of action taken under this Act
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 unde...
ChapterIXMiscellaneous
53Certain offences to be cognizable
Offence under section 10 shall be non-cognizable and offences under sections 17, 18, 19, 21, 29, 30 and 31 shall be cognizable and shall not be triable by any...
54Offences by companies, etc.
Where person committing an offence under this Act is a company, or other body corporate, or an association of persons (whether incorporated or not), or a firm...
55Tenancy agreement to be compulsorily registered
(1) Notwithstanding anything contained in this Act or any other law for the time being in force, any agreement for leave and license or letting of any premise...
56Right of Tenant and Landlord to receive lawful charges
Notwithstanding anything contained in this Act, it shall be lawful for,(i) the tenant or any person acting or purporting to act on behalf of the tenant to cla...
57Power to make rules
(1) The State Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules for the purposes of gi...
58Repeal and saving
(1) On the commencement of this Act, the following laws, that is to say,-(a) the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947;(b) the Central...
59Removal of doubt as regards proceedings under Chapter VII of the presidency Small Causes Courts Act, 1882
For the removal of doubt it is hereby declared that, unless there is anything repugnant in subject or context, references to suits or proceedings in this Act ...
60Removal of difficulty
If any difficulty arises in giving effect to the provision of this Act unifying, consolidating and amending the law, relating to the control of rent and evict...
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