1. Short 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 such date2as the State Government may, by notification in the Official Gazette, appoint.
1. For Statement of Objects and Reasons of the L. C. Bill No. VI of 1993, see Maharashtra Government Gazette, 1993, Extraordinary No. 39, Part V, pages 347-349, dated 27th July 1993, for Report of the Joint Committee, see Maharashtra Government Gazette, Extraordinary, Part V, pages 379-441, dated the 23rd April 1999.
2. 31st day of March 2000, vide G.N., H. and S. A. D., No. MRA. 2000/CR- 14/Bhanika, dated the 30th March 2000, p. 297.
2. Application.—
(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 in Schedule I and Schedule II.
(2) Notwithstanding anything contained in sub-section (1),it shall also apply in the premises or, as the case may be, houses let out in the areas to which the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. LVII of 1947) or the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 issued under the Central Provinces and Berar Regulation of Letting of Accommodation Act, 1946 (C. P. and Berar Act XI of 1946) and Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954 (Hyd. Act No. XX of 1954) were extended and applied before the date of commencement of this Act and such premises or houses continue to be so let on that date in such areas which are specified in Schedule I to this Act, notwithstanding that the area ceases to be of the description therein specified.
(3) It shall also apply to the premises let for the purposes specified in sub-section (1) in such of the cities or towns as specified in Schedule II.
(4) Notwithstanding anything contained hereinabove, the State Government may, by notification in the Official Gazette, direct that,—
(a) this Act shall not apply to any to the areas specified in Schedule I or Schedule II or that it shall not apply to any one or all purposes specified in sub-section (1);
(b) this Act shall apply to any premises let for any or all purposes specified in sub-section (1) in the areas other than those specified in Schedule I and Schedule II.
3. Exemption.—
(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, licence or other like relationship created by a grant from or a licence given by the Government in respect of premises requisitioned or taken on lease or on licence by the Government, including any premises taken on behalf of the Government on the basis of tenancy or of licence or other or other like relationship by, or in the name of any officer subordinate to the Government authorised in this behalf; but it shall apply in respect of premises let, or given on licence, to the Government or a local authority or taken on behalf of the Government on such basis by, or in the name of such officer;
(b) to any premises let or sub-let to banks, or any Public Sector Undertakings or any Corporation established by or under any Central or State Act, or foreign missions, international agencies, multinational companies, and private limited companies and public limited companies having a paid up share capital of rupees one crore or more.
Explanation.—
For the purpose of this clause the expression “bank” means,—
(i) the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955);
(ii) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);
(iii) a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertaking ) Act, 1970 or under section 3 of the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1980 (40 of 1980); or
(iv) any other bank, being a scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934).
(2) The State Government may direct that all or any of the provisions of this Act, shall, subject to such conditions and terms, as it may specify, not apply—
(i) to premises used for public purpose of a charitable nature or to any class of premises used for such purpose;
(ii) to premises held by a public trust for a religious or charitable purpose and let at a nominal or concessional rent;
(iii) to premises held by a public trust for a religious or charitable purpose and administered by a local authority; or
(iv) to premises belonging to or vested in an university established by any law for the time being force:
Provided that, before issuing any direction under this sub-section, the State Government shall ensure that the tenancy rights of the existing tenants are not adversely affected.
(3) The expression “premises belonging to the Government or a local authority” in sub-section (1) shall, notwithstanding anything contained in the said sub-section or in any judgement, decree or order of a court, not include a building erected on any land held by any person from the Government or a local authority under an agreement, lease, licence or other grant, although having regard to the provisions of such agreement, lease, licence or grant, the building so erected may belong or continue to belong the Government or the local authority, as the case may be, and such person shall be entitled to create a tenancy in respect of such building or a part thereof.
4. Power of State Government to issue orders in 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 a local authority under sub-section (1) of section 3 shall be subject to such conditions and terms as it may specify either generally or specially in any particular case, as the State Government may in its discretion determine.
5. Cessation 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 competent for the State Government to direct that such exemption shall cease to have effect from such date as may be specified in the order:
Provided that, no such order shall be made, unless the local Authority or the religious or charitable institution or the university referred to in sub-section (2) of section 3 has been given a reasonable opportunity of showing cause as to why such an order should not be issued.
6. Provisions 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 apply to any premises let to or given on licence in a building, whether newly constructed or otherwise where such premises were not let or given on licence for a continuous period of one year:
Provided that, nothing in this section shall apply to,—
(a) the premises referred to in sections 20 and 21;
(b) the premises which are constructed or reconstructed in any housing scheme, undertaken by Government or the Maharashtra Housing and Area Development Authority or by any of its Boards established under section 18 of the Maharashtra Housing Area Development Act, 1976 (Mah. XXVIII of 1977).
7. Definitions.—
In this Act, unless there is anything repugnant to the subject or context,—
(1) “Competent Authority” means the competent authority appointed under section 40;
(2) “Government allottee”,—
(a) In relation to any premises requisitioned or continued under requisition which are allotted the State Government for any non-residential purpose to any Department or office of the State Government or Central Government or any public sector undertaking or corporation owned or controlled fully or partly by the State Government or any Co operative Society registered under the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961) or any foreign consulate, by whatever name called, and on the 7th December 1996, being the date of coming into force of the Bombay Rents, Hotel and Lodging House Rates Control, Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996 (Mah. XVI of 1997) were in their occupation or possession, means the principal officer-in-charge of such office or department or public sector undertaking or corporation or society or corporation or society or consulate; and
(b) in relation to any premises requisitioned or continued under requisition which were allotted by the State Government for residential purpose to any person and on the 7th December 1996, being 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 (Mah. XVI of 1997); such person or his legal heir was in occupation or possession of such premises for his or such legal heir’s own residence, means such person or legal heir;
(3) “Landlord” means any person who is for the time being, receiving, or entitled to receive rent in respect of any premises whether on his own account or on account or on behalf, or for the benefit, of any other person or or as a trustee, guardian, or receiver, for any other person or who would so receive the rent or be entitled to receive the rent if the premises were let to a tenant; and includes any person not being a tenant who from time to time derives title under a landlord, and further includes in respect of his sub-tenant, a tenant who has sub-let any premise; and also includes, in respect of a licensee deemed to be a tenant under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. LVII of 1947), the licensor who has given premises on licence and in respect of the State Government, or as the case may be, the Government allottee referred to in sub-clause (b) of clause (2) deemed to be a tenant by section 27 the person who was entitled to receive the rent if the premises were let to a tenant immediately before the 7th December 1996, that is before the coming into force of the Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and the Bombay Government Premises (Eviction) (Amendment) Act, 1996 (Mah. XVI of 1997).
(4) “Legal representative” means a legal representative as defined in the Code of Civil Procedure, 1908 (V of 1908), and includes also, in the case of joint family property, the joint family of which the deceased person was a member;
(5) “Licensee” in respect of any premises or any part thereof, means the person who is in occupation of the premises or such part, as the case may be, under a subsisting agreement for a licence given for a licence fee or charge; and includes any person in such occupation of any premises or part thereof in a building vesting in or leased to a Co-operative Housing society registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961); but does not include a paying guest, a member of a family residing together, a person in the service or employment of the licensor, or a person conducting a running business belonging to the licensor or a person having any accommodation for rendering or carrying on medical or para-medical services or activities in or near a nursing home, hospital or sanatorium or a person having any accommodation in a hotel, lodging house, hostel, guest house, club, nursing home, hospital, sanatorium, dharmashala, home for widows, orphans or like premises, marriage or public hall or like premises, or in a place of amusement or entertainment or like institution, or in any premises, belonging to or held by an employee or his spouse who on account of exigencies of service or provisions of residence attached to his or her post or office is temporarily not occupying the premises, provided that he or she charges licence fee or charge for such premises of the employee or spouse not exceeding the standard rent and permitted increase for such premises, and any additional sum for service supplied with such premises or a person having accommodation in any premises or part thereof for conducting a canteen, crèche, dispensary or other services as amenities by any undertaking or institution; and the expressions “licence”, “licensor” and “premises given on license” shall be construed accordingly;
(6) “local authority” means,—
(a) the Mumbai Municipal Corporation constituted under the Mumbai Municipal Corporation (Bom. III of 1888) or the Nagpur Municipal Corporation constituted under the 1City of Nagpur Municipal Corporation Act, 1948 (C. P. and Berar II of 1950) or any Municipal Corporation constituted in respect of any city under the 2Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949),
(b) a Municipal Council, constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965),
(c) Zilla Parishad and a Panchayat Samiti constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962),
(d) a Village Panchayat, constituted under the 3Bombay Village Panchayats Act, 1958 (Bom. III of 1959),
(e) a cantonment, constituted under the Cantonments Act, 1924 (Act 2 of 1924),
(f) the Nagpur Improvement Trust, constituted under the Nagpur Improvement Trust Act, 1936 (C. P. and Berar Act XXXVI of 1936),
(g) the Maharashtra Housing and Area Development Authority or a Board, constituted under the Maharashtra Housing and Area Development Act, 1976 (Mah. XXVIII of 1977),
(h) the City and Industrial Development Corporation,
(i) the Pimpri and Chinchwad New Township Development Authority;
(7) “paying guest” means a person, not being a member of the family, who is given a part of the premises, in which the licensor resides, on licence;
(8) “permitted increase” means an increase in rent permitted under the provisions of this Act;
(9) “premises” means any building or part of a building let or given on licence separately (other than a farm building) including,—
(i) the gardens, grounds, garages and out-houses, if any, appurtenant to such building or part of a building,
(ii) any fitting affixed to such building or part of a building for the more beneficial enjoyment thereof, but does not include a room or other accommodation in a hotel or lodging house;
(10) “premises requisitioned or continued under requisition” means the premises requisitioned or continued under requisition under the 1Bombay Land Requisition Act, 1948 (Bom. XXXIII of 1948);
(11) “prescribed” means prescribed by rules;
(12) “repealed Act” or “repealed Acts” means the Act, or Acts referred to in the section 58;
(13) “rules” means the rules made under this Act;
(14) “standard rent” in relation to any premises means,—
(a) where the standard rent is fixed by the Court or, as the case may be, the Controller under the Bombay Rents Restriction Act, 1939 (Bom. XVI of 1939), or the Bombay Rents Hotel Rates and Lodging House Rates (Control) Act, 1944 (Bom. VII of 1944) or the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. LVII of 1947), or the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 issued under the Central Provinces and Berar Regulation of Letting of Accommodation Act, 1946 (C. P. and Berar No. XI of 1946), or the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954 (Hyd. Act No. XX of 1954), such rent plus an increase of 5 per cent., in the rent so fixed; or
(b) where the standard rent or fair rent is not so fixed, then subject to the provisions of sections 6 and 8,—
(i) the rent at which the premises were let on the 1st day of October 1987; or
(ii) where the premises were not let on the 1st day of October 1987 or the rent at which they were last let before that day, plus increase of 5 per cent. in the rent of the premises let before the 1st day of October 1987, or
(c) in any of the cases specified in section 8, the rent fixed by the Court;
(15) “tenant” means any person by whom or on whose account rent is payable for any premises and includes,—
(a) such person,—
(i) who is a tenant, or
(ii) who is a deemed tenant, or
(iii) who is a sub-tenant as permitted under a contract or by the permission or consent of the landlord, or
(iv) who has derived title under a tenant, or
(v) to whom interest in premises has been assigned or transferred as permitted, by virtue of, under the provisions of, any of the repealed Acts;
(b) a person who is deemed to be a tenant under section 25;
(c) a person to whom interest in premises has been assigned or transferred as permitted under section 26;
(d) in relation to any premises, when the tenant dies, whether the death occurred before or after the commencement of this Act, any member of the tenant’s family, who,—
(i) where they are let for residence, is residing, or
(ii) where they are let for education, business, trade or storage, is using the premises for any such purpose, with the tenant at the time of his death, or in the absence of such member, any heir of the deceased tenant, as may be decided, in the absence of agreement by, the court.
Explanation.—
The provisions of this clause for transmission of tenancy shall not be restricted to the death of the original tenant, but shall apply even on the death of any subsequent tenant, who becomes tenant under these provisions on the death of the last preceding tenant.
1. This Act has been repealed by the Bombay Provincial Municipal Corporations (Amendment) and the city of Nagpur Corporation (Repeal) Act, 2011 (Mah. 23 of 2012), s. 7.
2. The short title of this Act has been amended as “Maharashtra Municipal Corporations Act” by Mah. 23 of 2012, s. 4.
3. The short title of this Act has been amended as “Maharashtra Village Panchayats Act” by Mah. 24 of 2012, s. 2, Sch. Entry No. 74, w.e.f. 1.5.1960.
1. The short title of this Act has been amended as “Maharashtra Land Requisition Act” by Mah. 24 of 2012, s. 2, Sch., Entry No. 32, w.e.f. 1.5.1960.
