The Maharashtra Rent Control Act, 1999

The Maharashtra Rent Control Act, 1999

Civil199960 sections9 chapters

This Act regulates rent control in Maharashtra to balance the interests of both landlords and tenants in designated areas. It applies to residential premises and commercial spaces used for business, education, or storage, with specific exemptions. The legislation provides legal protections for tenants against arbitrary rent increases and eviction while offering landlords fair mechanisms for recovering rent and property. By establishing clear rules about rent fixation, increase limits, tenancy rights, and possession recovery procedures, it helps maintain housing security while preventing excessive profiteering. The Act addresses issues including sub-tenancies, court jurisdiction, and special recovery provisions, providing a comprehensive framework for managing rent relationships throughout the state and resolving conflicts between property owners and occupants.

Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement.
  2. 2Application.
  3. 3Exemption.
  4. 4Power of State Government to issue orders in respect of premises belonging to local authority, etc.
  5. 5Cessation of exemption.
  6. 6Provisions with regard to standard rent not to apply to certain premises.

Chapter II PROVISIONS REGARDING FIXATION OF STANDARD RENT AND PERMITTED INCREASE →

  1. 7Definitions.
  2. 8Court may fix standard rent and permitted increase in certain cases.
  3. 9No applications for standard rent in certain circumstances.
  4. 10Rent in excess of standard rent illegal.
  5. 11Increase in rent annually and on account of improvement, etc., special addition, etc., and special or heavy repairs.
  6. 12Increase in rent on account of payment of rates, etc.
  7. 13Certain increase in rent excepted.
  8. 14Landlords’ duty to keep premises in good repair.

Chapter III RELIEF AGAINST FORFEITURE →

  1. 15No ejectment ordinarily to be made if tenant pays or is ready and willing to pay standard rent and permitted increases.

Chapter IV RECOVERY OF POSSESSION →

  1. 16When landlord may recover possession.
  2. 17Recovery of possession for repairs and re-entry.
  3. 18Recovery of possession for occupation etc., and re-entry.
  4. 19Recovery of possession for demolishing building.
  5. 20Tenants’ right to give notice to landlord of his intention to occupy tenement in new building.
  6. 21Landlord to intimate to tenant date of completion and tenant’s right to occupy premises in new building.
  7. 22Recovery of possession in case of tenancy created during service period.

Chapter V SPECIAL PROVISIONS FOR RECOVERY OF POSSESSION IN CERTAIN CASES →

  1. 23Members of armed forces of the Union, scientists or their successor-in-interest entitled to recover possession of premises required for their occupation.
  2. 24Landlord entitled to recover possession of premises given on licence on expiry.

Chapter VI PROVISIONS REGARDING SUB-TENANCIES AND OTHER MATTERS CONCERNING TENANCIES →

  1. 25Certain sub-tenants to become tenants on determination of tenancy.
  2. 26In absence of contract tenant not to sub-let or transfer or to give on licence.
  3. 27State Government or Government allottee to become tenant of premises requisitioned or continued under requisition.
  4. 28Inspection of premises.
  5. 29Landlord not to cut-off or withhold essential supply or service.
  6. 30Conversion of residential into commercial premises prohibited.
  7. 31Giving receipt for any amount received compulsory.
  8. 32Recovery of rent according to British Calendar.

Chapter VII PROVISIONS REGARDING JURISDICTION OF COURTS, SUITS, APPEALS, PRACTICE AND PROCEDURE →

  1. 33Jurisdiction of courts.
  2. 34Appeal.
  3. 35Saving of suit involving tittle.
  4. 36Compensation in respect of proceedings which are not bona fide or are false, frivolous or vexatious.
  5. 37Procedure of courts.
  6. 38Time limit for disposal of suits, proceedings or appeals.

Chapter VIII SUMMARY DISPOSAL OF CERTAIN APPLICATIONS →

  1. 39Provisions of this Chapter to have overriding effect.
  2. 40Appointment of Competent Authority.
  3. 41Definition of landlord for the purpose of Chapter VIII.
  4. 42Special provision for making application to Competent Authority by landlord to evict tenant or licensee.
  5. 43Special procedure for disposal of applications.
  6. 44Order of Competent Authority to be non-appealable and revision by State Government.
  7. 45Effect of refusal or failure to comply with order of eviction.
  8. 46Pending Suits and proceedings in courts.
  9. 47Bar of jurisdiction.
  10. 48Section 18 to apply with modification.
  11. 49Competent Authority to be deemed to be public servant.
  12. 50All proceedings before Competent Authority to be judicial proceedings.
  13. 51Competent Authority to be deemed to be civil court for certain purpose.
  14. 52Protection of action taken under this Act.

Chapter IX MISCELLANEOUS →

  1. 53Certain offences to be cognizable.
  2. 54Offences by companies, etc.
  3. 55Tenancy agreement to be compulsorily registered.
  4. 56Right of tenant and landlord to receive lawful charges.
  5. 57Power to make rules.
  6. 58Repeal and saving.
  7. 59Removal of doubt as regards proceedings under Chapter VII of the Presidency Small Causes Court Act, 1882.
  8. 60Removal of difficulty.

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