Chapter I PRELIMINARY

1. (1) This Act may be called the Maharashtra Rent Control Act, 1999.
2. (2) It shall extend to the whole of the State of Maharashtra.
3. (3) It shall come into force on such date1 as the State Government may, by notification in the Official Gazette, appoint.

1. (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. (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. (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. (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.

1. (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. (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. (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.

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.

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.

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,-

1. (a) the premises referred to in sections 20 and 21;
2. (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).