Maharashtra Rent Control Act
An Act to unify, consolidate and amend the law relating to the control of rent and repairs of certain premises and of eviction and for encouraging the construction of new houses by assuring a fair return on the investment by landlords and to provide for the matters connected with the purposes aforesaid.
Chapter I - Preliminary
1. Short title, extent and commencement
2. Application
3. Exemption
4. Power of State Government to issue orders An respect of premises belonging to local authority, etc.
5. Cessation of exemption
6. Provisions with regard to standard rent not to apply to certain premises
7. Definitions
Chapter II - Provisions Regarding Fixation Of Standard Rent And Permitted Increases
8. Court may fix standard rent and permitted Increases In certain cases
9. No applications for standard rent In certain circumstances
10. Rent in excess of standard rent illegal
11. Increase in rent annually and on account of improvement, etc. special addition etc. and special or heavy repairs
12. Increase in rent on account of payment of rates, etc
13. Certain Increase in rent excepted
14. Landlords' duty to keep premises in good repair.
Chapter III - Relief Against Forfeiture
15. No ejectment ordinarily to he made if tenant pays or is ready and willing to pay standard rent and permitted increases
Chapter IV - Recovery Of Possession
16. When landlord may recover possession
17. Recovery of possession for repairs and re-entry
18. Recovery of possession for occupation etc. and re-entry
19. Recovery of possession for demolishing building
20. Tenants. right to give notice to landlord of his intention to occupy tenement In new building
21. Landlord to Intimate to tenant date of completion and tenant's right to occupy Premises in new building
22. Recovery of possession in case of tenancy created during service period
Chapter V - Special Provisions For Recovery Of Possession In Certain Cases
23. Members of armed forces of the Union, scientists or their successor-in-interest entitled to recover possession of premises required for their occupation
24. Landlord entitled to recover possession of premises given on license on expiry
Chapter VI - Provisions Regarding Sub-Tenancies And Other Matters Concerning Tenancies
25. Certain sub-tenants to become tenants on determination of tenancy
26. In absence of contract tenant not to sub-let or transfer or to give on license
27. State Government or Government allotted to become tenant of premises requisitioned or continued under requisition
28. Inspection of premises
29. Landlord not to cut-off or withhold essential supply or service
30. Conversion of residential into commercial premises prohibited
31. Giving receipt for any amount received compulsory
32. Recovery of rent, according to British Calendar
Chapter VII - Provisions Regarding Jurisdiction Of Courts, Suits, Appeals, Practice And Procedure
33. Jurisdiction of courts
34. Appeal
35. Saving of suit Involving title
36. Compensation in respect of proceedings which are not bona fide or are false, frivolous or vexatious
37. Procedure of Courts
38. Time limit for disposal of suits, proceedings or appeals
Chapter VIII - Summary Disposal Of Certain Applications
39. Provisions of this Chapter to have overriding effect
40. Appointment of Competent Authority
41. Definition of landlord for the purpose of Chapter VIII
42. Special provisions for making application to Competent Authority
43. Special procedure for disposal of applications
44. Order of Competent Authority to be non-appealable and revision by State Government
45. Effect of refusal or failure to comply with order of eviction
46. Pending suits and proceedings in courts
47. Bar of jurisdiction
48. Section 19 to apply with modification
49. Competent Authority to be deemed to be public servant
50. All proceedings before Competent Authority to be judicial proceedings
51. Competent Authority to be deemed to be civil court for certain purposes
52. Protection of action taken under this Act
Chapter IX - Miscellaneous
53. Certain offences to be cognizable
54. Offences by companies, etc.
55. Tenancy agreement to be compulsorily registered
56. Right of Tenant and Landlord to receive lawful charges
57. Power to make rules
58. Repeal and saving
59. Removal of doubt as regards proceedings under Chapter VII of the presidency Small Causes Courts Act, 1882
60. Removal of difficulty
Chapter I - Preliminary
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 date as
the State Government may, by notification in the Official Gazette, appoint.
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 1 and Schedule 11.
(2) Notwithstanding anything contained in
sub-section (1), it shall also apply to 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 or the Central Provinces and Berar Letting of Houses
and Rent Control Order, 1949 issued under die Central Provinces and Berar
Regulation of Letting of Accommodation Act, 1946 and The Hyderabad Houses
(Rent, Eviction and Lease) Control Act, 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 1 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 Il.
(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 of the areas specified in Schedule 1 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 1 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, license or other like relationship created by a
grant from or a license given by the Government in respect of premises
requisitioned or taken on lease or on license by the Government, including any
premises taken on behalf of the Government on the basis of tenancy or of
license or other like relationship by, or in the name of any officer
subordinate to the Government authorized in this behalf, but it shall apply in
respect of premises let, or given on license, 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 more than rupee
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;
(ii) a subsidiary bank as defined in the State
Bank of India (Subsidiary Banks) Act, 1959;
(iii) a corresponding new bank constituted
under section 3 of the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970 or under section 3 of the Banking Companies (Acquisition
and Transfer of Undertaking) Act, 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) 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 purposes of a charitable nature or to any class of premises used for
such purposes;
(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 in 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 judgment, 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, license or other grant, although having regard to the provisions of such agreement, lease, license or grant the building so erected may belong or continue to belong to 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 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 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 direction 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 institutions 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 or given on
license in a building, whether newly constructed or otherwise where such
premises were not let or give on license 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 and Area Development Act, 1976.
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 allotted",-
(a) in relation to any
premises requisitioned or continued under requisition which are allotted by 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 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 Land Requisition and Bombay Government
Premises (Eviction) (Amendment) Act, 1996, 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 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, 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 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 also 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
premises; 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, the licensor who has given premises on license and in respect of the
State Government or as the case may be, the Government allotted 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 Rent, Hotel and Lodging House Rates Control, Bombay Land
Requisition and the Bombay Government Premises (Eviction) (Amendment) Act,
1996;
(4) "legal representative" means a
legal, representative as defined in the Code of Civil Procedure, 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
license given for a license 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; 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 license 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, creche, dispensary or other services as
amenities by any undertaking or institution; and the expressions
"license", "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 Act or
the Nagpur Municipal Corporation constituted under the City of Nagpur Municipal
Corporation Act, 1948 or any Municipal Corporation constituted in respect of
any city under the Bombay Provincial Municipal Corporations Act, 1949.
(b) a Municipal
Council, constituted under, the Maharashtra Municipal Councils, Nagar
Panchayats and Industrial Townships Act, 1965
(c) a Zillah Parishad
and a Panchayat Samiti, constituted under the Maharashtra Zilla Parishads and
Panchayat Samitis Act, 1961,
(d) a Village Panchayat,
constituted under the Bombay Village Panchayats Act, 1958,
(e) a cantonment,
constituted under the Cantonments Act, 1924,
(f) the Nagpur
Improvement Trust, constituted under the Nagpur Improvement Trust Act, 1936,
(g) the Maharashtra
Housing and Area Development Authority or a Board, constituted under the
Maharashtra Housing and Area Development Act, 1976.
(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 license;
(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 license 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 fittings 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 Bombay Land Requisition Act, 1948;
(11) "Prescribed" means
prescribed by rules;
(12) "repealed Act" or
"repealed Acts" means the Act, or Acts referred to in 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 Rent Restriction Act, 1939, or the Bombay Rents, Hotel Rates and Lodging
House Rates (Control) Act, 1944 or the Bombay Rents, Hotel and Lodging House
Rates Control Act, 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, or the Hyderabad Houses
(Rent, Eviction and Lease) Control Act, 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, the rent at which they
were last let before that day, plus an 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 case
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, or 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.
Chapter II - Provisions Regarding Fixation Of Standard Rent And Permitted Increases
8. Court 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 proceedings, fix the standard rent at such
amount as, having regard to the provisions of this Act and the circumstances of
the case, the court deems just,-
(a) where the court is
satisfied that there is no sufficient evidence to ascertain the rent at which
the premises were let in any one of the cases mentioned in paragraphs (i) and
(ii) of sub-clause (b) of clause (14) of section 7; or
(b) where by reasons
of the premises having been let at one time as a whole or in parts and at
another time, in parts or as a whole, or for any other reasons; or
(c) where any premises
have been or are let rent-free or, at a nominal rent; or for some consideration
in addition to rent; or
(d) where there is any
dispute between the landlord and the tenant regarding the amount of standard
rent.
(2) If there is any dispute between the
landlord and the tenant regarding the amount of permitted increase, the court
may determine such amount.
(3) f any application for fixing the standard
rent or for determining the permitted increase is made by a tenant,-
(a) the court shall
forthwith specify the amount of rent, or permitted increase which are to be
deposited in court by the tenant, and make an order directing the tenant to
deposit such amount in court or, at the option of the tenant, make an order to
pay to the landlord such amount thereof as the court may specify pending the final
decision of the application. A copy of the order shall be served upon the
landlord;
(b) out of any amount
deposited in the court under clause (a), the court may make an order for
payment of such reasonable sum to the landlord towards payment of the rent or
increases due to him as it thinks fit;
(c) if the tenant
fails to deposit such amount or, as the case may be, to pay such amount thereof
to the landlord, his application shall be dismissed.
(4) (a) Where at any stage of a suit for recovery
of rent, whether with or without a claim for possession, of the premises, the
court is satisfied that the rent is excessive and standard rent should be
fixed, the court may, and in any other case, if it appears to the court that it
is just and proper to make such an order, the court may make an order directing
the tenant to deposit in court forthwith such amount of the rent as the court
considers to be reasonable due to the landlord, or at the option of the tenant,
an order directing him to pay to the landlord such amount thereof as the court
may specify.
(b) The court may
further make an order directing the tenant to deposit in court periodically
such amount as it considers proper as interim standard rent, or at the option
of the tenant, an order to pay to the landlord, such amount thereof as the
court may specify, during the pendency of the suit;
(c) The court may also
direct that if the tenant fails to comply with any order made as aforesaid,
within such time as may be allowed by it, he shall not be entitled to appear in
or defend the suit except with leave of the court, which leave may be granted
subject to such terms and conditions as the court may specify.
(5) No appeal shall lie from any order of the
court under sub-sections (3) and (4).
(6) An application under this section may be made jointly by all or any of the tenants interested in respect of the premises situated in the same building.
9. No 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 or increases are excessive, if the standard rent or the permitted increase in respect of the same premises have been duly fixed by a competent court on the merits of the case, without any fraud or collusion or an error of' the facts, and there has been no structural alterations or change in the amenities or in respect of any other factors which are relevant to the fixation of the standard rent, or change in such increases, thereafter in the premises.
10. Rent 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 rent and the permitted increases, unless the
landlord was, before the coming into operation of this Act, entitled to recover
such increase by virtue of, or under, the provisions of any of the repealed
Acts or is entitled to recover such increase under the provisions of this Act;
(2) Any contravention of provisions of sub-section (1) shall be an offence punishable, on conviction, with imprisonment not exceeding three months or fine not exceeding rupees five thousand or with both.
11. Increase 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 purposes referred to in sub-section (1)
of section 2.
Explanation.-For the purposes of
this sub-section, the period of one year on completion of which rent shall be
so increased shall be computed from the date of commencement of this Act.
(2) A landlord shall also be entitled to make
such increase in the rent of the premises as may be reasonable for an
improvement or structural alterations of the premises which has been made with
the consent of the seventy per cent of the tenants given in writing.
Explanation-In this sub-section, improvements and
alterations do not include repairs which the landlord is bound to make under
sub-section (1) of section 14.
(3) (a) Notwithstanding anything contained in sub-section
(2), but subject to the provisions of clauses (b) and (d), a landlord shall
further be entitled to make an increase in the rent of premises by an addition
to the rent in the manner prescribed of an amount not exceeding fifteen per
cent per annum of the expenses incurred on account of special additions to
premises or special alterations made therein or additional amenities provided
for the premises or on account of improvements or structural alterations made
under sub-section (2) after the commencement of this Act.
Explanation.-For the purpose of
this clause, the expression "expenses incurred" in relation to the
execution of any work specified therein, means the total cost incurred therefor
as certified by the municipal authority or an architect from a panel of
architects notified by the State Government for the purposes of this Act.
(b) Before making any
increase under clause (a), the landlord shall obtain a certificate from the
municipal authority that he was required by it to make or to provide such
additions, alterations, improvements or amenities and has completed them in
conformity with its requirements.
(c) If a landlord,
when required by a municipal authority to execute the work of any such
addition, improvement, alterations or amenities, fails to do so, the tenant or
the tenants interested in such work may seek the approval of the municipal
authority for executing such work. The municipal authority shall grant the
approval, unless other measures are taken by it to execute the said work. While
granting the approval, the municipal authority shall specify the nature of the
work. Upon such approval being granted, the tenants shall be entitled to
execute the said work and the expenses incurred for such work shall, for all
purposes, be binding on the landlord. The tenants shall also be entitled to
deduct amount of expenses incurred for such work from the rent which from time
to time becomes due by them to the landlord or otherwise recover such amount
from him :
Provided that, where such work is jointly
executed by the tenants the amount to be deducted or recovered by each tenant
shall bear the same proportion as the rent payable by him in respect of his
premises bears to the total amount of the expenses incurred for such work :
Provided further that, the total amount so
deducted or recoverable shall not exceed the amount of expenses incurred for
such work.
Explanation.-For the purposes of
this sub-section,-
(a) the expression "municipal
authority" includes,-
(i) in the case of any
Municipal Corporation, the Municipal Commissioner or any officer of the
Municipal Corporation authorized by him in this behalf;
(ii) in the case of
any Municipal Council, the Chief Officer of the Council; and
(iii) in the case of
any Cantonment, the Executive Officer of the Cantonment;
(b) the expression "expenses incurred for
such work" means the total cost as certified by the municipal, authority
or an architect from the panel of architects notified by the State Government
for the purposes of this Act.
(d) In respect of any work executed by the
tenants under clause (c), and where the total amount of the expenses incurred
for such work is deducted or recovered by the tenant or tenants, as the case
may be, in accordance with the provisos thereto, the landlord shall be entitled
to make the increase permitted under clause (a) ; and such increase of rent
shall be payable from the month following the month in which such total amount
is so deducted or recovered.
(4) (a) The landlord shall also be further
entitled to make, on account of special or structural repairs made by him in
accordance with the provisions of this sub-section a temporary increase in the
rent of premises by an addition to the rent, in the manner prescribed at a rate
not exceeding twenty-five per cent of the standard rent; and the increase of
rent shall be payable from the date of completion of the repairs till the amount
of the expenditure for such repairs is recovered from the tenant.
Explanation.- Nothing in this
sub-section shall apply to the structural repairs to buildings carried out by
the Mumbai Repairs and Reconstruction Board under Chapter VIII of the
Maharashtra Housing and Area Development Act, 1976.
(b) Before making any
increase under clause (a), the landlord shall obtain in the prescribed manner
and in the prescribed form, a declaration from the prescribed authority or a
certificate from an architect from a panel of architects notified by the State
Government for the purposes of this Act, asserting that it is necessary to undertake
such repairs and specifying the nature and extent of repairs required and the
estimated cost therefor, and after such repairs are carried out, the landlord
shall also obtain, in the prescribed manner and in the prescribed form, a
certificate from such prescribed authority or such architect confirming that
the repairs were carried out in accordance with the declaration or as the case
may be, the certificate aforesaid and fixing the date of completion of the
repairs and the actual expenses therefor.
(c) The increase in rent under clause (a) shall be recoverable from all tenants, occupying premises in the building on the basis of the actual expenses incurred as specified in a certificate from the municipal authority or the architect as aforesaid and the amount to be recovered from each tenant shall bear the same proportion as the rent payable by him in respect of his premises bears to the total amount of actual expenses together with interest as afore said.
12. Increase 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, charges, tax, land assessment, ground rent of
land or any other levy on lands and building, or increase in rate, cess,
charges, tax, land assessment, ground rent of land or any other levy on lands
and buildings, he shall, notwithstanding anything contained in any other
provisions of this Act but save as otherwise expressly provided in any other
law for the time being in force, be entitled to make an increase in the rent of
such premises:
Provided that, the increase in rent shall not
exceed the amount of any such rate, cess, charges, tax, land assessment, ground
rent of land or any other levy on lands and buildings, as the case may be.
(2) Where the rent is inclusive of charges for
electricity and water and the landlord is required to pay any increase in these
charges in respect of any premises, he shall be entitled to make an increase in
the rent of such premises by an amount not exceeding the additional amount
payable by him in respect of such premises on account of such increase.
(3) The amount of the increase in rent recoverable from each tenant under sub-sections (1) and (2) shall bear the same proportion as the rent payable by him in respect of his premises bears to the total amount of any such rate, cess, charges, tax, land assessment, ground rent of land or any other levy on lands and buildings, or increase in electricity or water charges, as the case may be.
13. Certain 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.
14. Landlords' 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 shall be bound to keep the premises in
good and tenantable repair.
(2) If the landlord neglects to make any
repairs, which he is bound to make under sub-section (1), within a reasonable
time after a notice of fifteen days is served upon him by post or in any other
manner by a tenant or jointly by tenants interested in such repairs, such tenant
or tenants may themselves make the same and deduct the expenses of such repairs
from the rent or otherwise recover them from the landlord:
Provided that, where the repairs are jointly made
by the tenants the amount to be deducted or recovered with interest by each
tenant shall bear the same proportion as the rent payable by him in respect of
his premises bears to the total amount of the expenses incurred for such
repairs together with simple interest at fifteen per cent per annum on such
amount:
Provided further that, the amount so deducted or
recoverable in any year shall not exceed one-fourth of the rent payable by the
tenant for that year.
(3) For the purposes of calculating the expenses of the repairs made under sub-section (2), the accounts together with the vouchers maintained by the tenants shall be conclusive evidence of such expenditure and shall be binding on the landlord.
Chapter III - Relief Against Forfeiture
15. No 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 the, standard rent and permitted increases,
if any, and observes and performs the other, conditions of the tenancy, in so
far as they are consistent with the provisions of this Act.
(2) No suit for recovery of possession shall
be instituted by a landlord against the tenant on the ground of non-payment of
the standard rent or permitted increases due, until the expiration of ninety
days next after notice in writing of the demand of the standard rent or
permitted increases has been served upon the tenant in the manner provided in
section 106 of the Transfer of Property Act, 1882.
(3) No decree for eviction shall be passed by
the court in any suit for recovery of possession on the ground of arrears of
standard rent and permitted increases if, within a period of ninety days from
the date of service of the summons of the suit, the tenant pays or tenders in
court the standard rent and permitted increases then due together with simple
interest on the amount of arrears at fifteen per cent per annum; and thereafter
continues to pay or tenders in court regularly such standard rent and permitted
increases till the suit is finally decided and also pays cost of the suit as
directed by the court.
(4) Pending the disposal of any suit, the court may, out of any amount paid or tendered by the tenant, pay to the landlord such amount towards the payment of rent or permitted increases due to him as the court thinks fit.
Chapter IV - Recovery Of Possession
16. When 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 premises if the court is satisfied-
(a) that the tenant
has committed any act contrary to the provisions of clause (o) of section
108 of the Transfer of Property Act, 1882;
Explanation.- For the purposes of
this clause, replacing of tiles or closing of balcony of the premises shall not
be regarded as an act of a causing damage to the building or destructive or permanently
injurious thereto; or
(b) that the tenant
has, without the landlord's consent given in writing, erected on the
premises any permanent structure;
Explanation.- For the purposes of
this clause, the expression "permanent structure" does not include
the carrying out of any work with the permission, wherever necessary, of the
municipal authority, for providing a wooden partition, standing cooking
platform in kitchen, door, lattice work or opening of a window necessary for
ventilation, a false ceiling, installation of air-conditioner, an exhaust
outlet or a smoke chimney; or
(c) that the tenant,
his agent, servant, persons inducted by tenant or claiming under the tenant or,
any person residing with the tenant has been guilty of conduct which is a
nuisance or annoyance to the adjoining or neighboring occupier, or has been
convicted of using the premises or allowing the premises to be used for immoral
or illegal purposes or that the tenant has in respect of the premises been
convicted of an offence of contravention of any of the provisions of clause (a)
of sub-section (1) of section 394 or of section 394A of the Mumbai Municipal
Corporation Act, or of sub-section (1) or of section 376 or of section 376A of
the Bombay Provincial Municipal Corporations Act, 1949, or of section 229 of
the City of Nagpur Municipal Corporation Act, 1948; or of section 280 or of
section 281 of the Maharashtra Municipal Councils, Nagar Panchayats and
Industrial Townships Act, 1965; or
(d) that the tenant
has given notice to quit and in consequence of that notice, the landlord has
contracted to sell or let the premises or has taken any other steps as a result
of which he would, in the opinion of the court, be seriously prejudiced if he
could not obtain possession of the premises; or
(e) that the tenant
has,
(i) on or after the
1st day of February 1973, in the areas to which the Bombay Rents, Hotel and
Lodging House Rates Control Act, 1947 applied; or
(ii) on or after the
commencement of this Act, in the Vidarbha and Marathwada, areas of the State,
unlawfully sub-let or given on license, the whole or part of the premises or
assigned or transferred in any other manner his interest therein; or
(f) that the premises
were let to the tenant for use as a residence by reason of his being in the
service or employment of the landlord, and that the tenant has ceased, whether
before or after commencement of this Act, to be in such service or employment;
or
(g) that the premises
are reasonably and bona fide required by the landlord for occupation by himself
or by any person for whose benefit the premises are held or where the landlord
is a trustee of a public charitable trust that the premises are required for
occupation for the purposes of the trust; or
(h) that the premises
are reasonably and bona fide required by the landlord for carrying out repairs
which cannot be carried out without the premises being vacated; or
(i) that the premises
are reasonably and bona fide required by the landlord for the immediate purpose
of demolishing them and such demolition is to be made for the purpose of
erecting new building on the premises sought to be demolished; or
(j) that the premises let consist of a tenement or tenements on the terrace of a building such tenement or tenements being only in part of the total area of the terrace, and that the premises or any part thereof are required by the landlord for the purpose of the demolition thereof and erection or raising of a floor or floors on such terrace
Explanation.-For the purposes of
this clause, if the premises let include the terrace or part thereof, or
garages, servants quarters or out-houses (which are not on the terrace), or all
or any one or more of them, this clause shall nevertheless apply; or
(k) that the premises
are required for the immediate purpose of demolition ordered by any municipal
authority or other competent authority; or
(l) that where the
premises are land in the nature of garden or grounds appurtenant to a building
or part of a building, such land is required by the landlord for the erection
of a new building which a municipal authority has approved or permitted him to
build thereon; or
(m) that the rent
charged by the tenant for the premises or any part thereof which are sub-let is
in excess of the standard rent and permitted increases in respect of such
premises or part or that the tenant has received any fine, premium other like
sum of consideration in respect of such premises or part; or
(n) that the premises
have not been used without reasonable cause for the purpose for which they were
let for a continuous period of six months immediately preceding the date of the
suit.
(2) No decree for eviction shall be passed on
the ground specified in clause (g) of sub-section (1), if the court is satisfied
that, having regard to all the circumstances of the case including the question
whether other reasonable accommodation is available for the landlord or the
tenant, greater hardship would be caused by passing the decree than by refusing
to pass it.
Where the court is satisfied that no hardship
would be caused either to the tenant or to the landlord by passing the decree
in respect of a part of the premises, the court shall pass the decree in
respect of such part only.
Explanation. - For the purposes of
clause (g) of sub-section (1), the expression "landlord" shall not
include a rent-farmer or rent-collector or estate-manager.
(3) A landlord shall not be entitled to
recover possession of any premises under the provisions of clause (g) of
sub-section (1), if the premises are let to the Central Government in a
cantonment area, and such premises are being used for residence by members of
the armed forces of the Union. or their families.
(4) The court may pass the decree on the
ground specified in clause (h) or (i) of sub- section (1) only in respect of a
part of the premises which in its opinion it is necessary to vacate for
carrying out the work of repair or erection.
(5) Notwithstanding anything contained in any
other law for the time being in force, an assignment of a decree for eviction
obtained on the grounds specified in clauses (g), (h), (i) and (j) of
sub-section (1) shall be unlawful.
(6) No decree for eviction shall be passed on
the ground specified in clause (i) or (j) of sub-section (1), unless the court
is satisfied-
(a) that the necessary
funds for the purpose of the erection of new building or for erecting or
raising of a new floor or floors on the terrace are available with the
landlord,
(b) that the plans and
estimates for the new building or new floor or floors have been properly
prepared;
(c) that the new
building or new floor or floors to be erected by the landlord shall, subject to
the provisions of any rules, bye-laws or regulations made by municipal authority
contain residential tenements not less than the number of existing tenements
which are sought to be demolished;
(d) that the landlord
has given an undertaking.-
(i) that the plans and
estimates for the new building or new floor or floors to be erected by the
landlord include premises for each tenant with carpet area equivalent to the
area of the premises in his occupation in the building sought to be demolished
subject to a variation of five per cent in area;
(ii) that the premises
specified in sub-clause (i) will be offered to the concerned tenant or tenants
in the re-erected building or, as the case may be, on the new floor or floors;
(iii) that where the
carpet area of premises in the new building or on the new floor or floors is
more than the carpet area specified in sub-clause (i) the landlord shall,
without prejudice to the liability of the landlord under sub-clause (i), obtain
the consent 'in writing' of the tenant or tenants concerned to accept the
premises with larger area; and on the tenant or tenants declining to give such
consent the landlord shall be entitled to put the additional floor area to any
permissible use;
(iv) that the work of
demolishing the premises shall be commenced by the landlord not later than one
month, and shall be completed not later than three months, from the date he
recovers possession of the entire premises; and
(v) that the work of
erection of the new building or new floor or floors shall be completed by the
landlord not later than fifteen months from the said date:
Provided that, where the court is satisfied that the work of demolishing the premises could not be commenced or completed, or the work of erection of the new building or, as the case may be, the new floor or floors could not be completed, within time, for reasons beyond the control of the landlord, the court may, by order, for reasons to be recorded. extend the period by such further periods, not exceeding three months at a time as may, from time to time, be specified by it, so however that the extended period shall not exceed twelve months in the aggregate
(7) Where the possession of premises is
recovered on the ground specified under clause (g), (h), (i) or (j) of
sub-section (1) and the premises are transferred by the landlord, or by operation
of law before the tenant or tenants are placed in occupation, then such
transfer shall be subject to the rights and interests of such tenants.
(8) For the purposes of clause (m) of
sub-section (1), the standard rent or permitted increase in respect of the part
sub-let. shall be the amounts bearing such proportion to the standard rent or
permitted increases in respect of the premises as may be reasonable having
regard to the extent of the part sub-let and other relevant considerations.
(9) Notwithstanding anything contained in this
Act, where the premises let to any person include-
(i) the terrace or
part thereof; or
(ii) any one or more
of the following structures, that is to say, tower-rooms, sitting-out-rooms,
ornamental structures, architectural features, landings, attics on the terrace
of a building, or one or more rooms of whatsoever description on such terrace
(such room or rooms being in the aggregate of an area not more than one-sixth
of the total area of the terrace); or
(iii) the terrace or
part thereof and any such structure, and the court is satisfied that the
terrace or structure or terrace including structure, as aforesaid, are required
by the landlord for the purpose of demolition and erection or raising of a
floor or floors on such terrace, the landlord shall be entitled to recover
possession of the terrace including such tower-rooms, sitting-out-rooms,
ornamental structures, architectural features, landings, attics or rooms, the
court may make such reduction, if any, in the rent as it may deem just.
(10) A suit for eviction on the grounds specified in clause (h), (i), (i) or (k) of sub-section (1) may be filed by the landlord jointly against all the tenants occupying the premises sought to be demolished.
17. Recovery 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 to be placed in occupation of the premises or
part thereof from which he is to be evicted and if the tenant so elects, shall
record the fact of the election, in the decree and specify in the decree the
date on or before which he shall deliver possession so as to enable the
landlord to commence the work of repairs.
(2) If the tenant delivers possession on or
before the date specified in the decree, the landlord shall, two months before
the date on which the work of repairs is likely to be completed, give notice to
the tenant of the date on which the said work shall be completed. Within thirty
days from the date of receipt of such notice the tenant shall intimate to the
landlord his acceptance of the accommodation offered and deposit with the
landlord rent for one month. If the tenant gives such intimation and makes the
deposit, the landlord shall, on completion of the work of repairs, place the
tenant in occupation of the premises or part thereof on the terms and
conditions existing on the date of the passing of the decree for eviction. If
the tenant fails to give such intimation and to make the deposit, the tenant's
right to occupy the premises shall terminate.
(3) If, after the tenant has delivered
possession on or before the date specified in the decree, the landlord fails to
commence the work of repairs within one month of the specified date or fails to
complete the work within a reasonable time or having completed the work fails
to place the tenant in occupation of the premises in accordance with
sub-section (2) the court may, on the application of the tenant made within one
year of the specified date, order the landlord to place him in occupation of
the premises or part thereof on the terms and conditions existing on the date
of passing of the decree for eviction and on such order being made, the
landlord and any person who may be in occupation shall give vacant possession
to the tenant of the premises or part thereof.
(4) Any landlord who, when the tenant has
vacated by the date specified in the decree, without reasonable excuse fails to
commence the work of repairs and any landlord or other person in occupation of
the premises who fails to comply with the order made by the court under
sub-section (3), shall, on conviction, be punishable with imprisonment for a
term which may extend to three months or with fine which may extend to one
thousand rupees or with both.
18. Recovery 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 occupied within a period of one month from
the date the landlord recovers possession or the premises are re-let within one
year of the said date to any person other than the original tenant, the court
may, on the application of the original tenant made within thirteen months from
such date, order the landlord to place him in occupation of the premises, on
the terms and conditions existing on the date of passing of the decree for
eviction and, on such order being made, the landlord and any person who may be
in occupation of the premises shall give vacant possession to the original
tenant.
(2) Any landlord who recovers possession on the ground specified in clause (g) of sub-section (1) of section 16 and keeps the premises unoccupied without reasonable excuse and any landlord or other person in occupation of the premises who fails to comply with the order of the court under subsection (1) shall, on conviction, be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five thousand rupees or with both.
19. Recovery 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 demolishing the premises has not been
commenced by the landlord within the period specified in sub-clause (iv) of
clause (d) of sub-section (6) of the said section, the tenant may give the
landlord a notice of his intention to occupy the premises from which he has
been evicted and if the landlord does not forthwith deliver to him the vacant
possession of the premises on the same terms and conditions on which he
occupied them immediately before the eviction, the tenant may make an application
to the court within six weeks from the date on which he delivered vacant
possession of the premises to the landlord.
(2) If the court is satisfied that the
landlord has not substantially commenced the work of demolishing the premises
within the period of one month in accordance with his undertaking, the court
shall order the landlord to deliver to the tenant vacant possession of the
premises on the terms and conditions on which he occupied them immediately
before the eviction. On such order being made, the landlord shall forthwith
deliver vacant possession of the premises to the tenant. Such order shall be
deemed to be an order within the meaning of clause (14) of section 2 of the
Code of Civil Procedure, 1908.
(3) Any landlord who recovers possession on the ground specified in clause (i) or (j) of sub-section (1) of section 16 and fails to carry out any undertaking referred to in sub-clause (i), (ii), (iii), (iv) or (v) of clause (d) of sub-section (6) of the said section without any reasonable excuse or fails to comply with the order of the court under sub-section (1) shall, without prejudice to his liability in execution to the order under sub-section (2), on conviction. be punishable with imprisonment for a term which may extend to thirty days or with fine which may extend to five thousand rupees or with both.
20. Tenants. 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 the promises and of the erection of a new
building has been commenced by the landlord the tenant may, without prejudice
to the provisions of sub-clauses (ii) and (ill) of clause (d) of sub- section
(6) of section 16, within six months from the date on which he delivered vacant
possession of the premises to the landlord, give notice to the landlord of his
intention to occupy a tenement in the new building on its completion on the
following conditions, namely --
(a) that he shall pay to the landlord the
standard rent in respect of the tenement:
Provided that, in respect of a residential
tenement, the tenant concerned shall not be required to pay rent in relation to
the area at more than double the rate at which he paid rent for his former
premises immediately before his eviction under the decree, unless the landlord
obtains an order of the court fixing the standard rent in respect of the
tenement at higher rate;
(b) that his occupation of the tenement shall, save as provided in condition (a) be on the same teams and conditions on which he occupied the premises immediately before the eviction.
21. Landlord 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 likely to be completed, intimate to the
tenant, the date on which the said erection shall be completed. On the said
date, the tenant shall be entitled to occupy the premises assigned to him by
the landlord.
(2) (a) If the tenant fails to occupy the
premises within a period of one month from the date on which he is entitled to
occupy it under sub-section (1), the tenant's right to occupy the said premises
under the said sub-section shall terminate; and the landlord shall be entitled
to recover from the tenant a sum equal to three times the amount of the monthly
standard rent in respect of the premises.
(b) If the landlord
fails, without reasonable excuse, to comply with the provisions of sub-section
(1) or to place the tenant in occupation of the premises, he shall, without
prejudice to his liability to place the tenant in vacant possession of the
premises on conviction, be punishable with imprisonment for a term which may
extend to three months or with fine which may extend to five thousand rupees or
with both.
22. Recovery 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 agreement in writing to create a service
tenancy in respect of the said premises or any part thereof; and,
notwithstanding anything contained in this Act, the tenancy so created shall
remain in force during the period of service or employment of the tenant with
the landlord.
(2) After the creation of the service tenancy
under sub-section (1), if the tenant ceases to be in the service or employment
of the said landlord either by retirement, resignation, termination of service,
death or for any other reason, the tenant or any other person residing with him
or claiming under him fails to vacate such premises or any part thereof
immediately, then, notwithstanding anything contained in this Act or in any
other law for the time being in force, the Competent Authority shall, if it is
satisfied, on an application made to it in this behalf by such landlord within
thirty days, make an order that the tenant or any such person as aforesaid
shall place the landlord in vacant possession of such premises or part thereof,
and on their refusal or failure to do so the Competent Authority may proceed to
take action under section 45:
Provided that, the Competent Authority may
entertain an application under this sub-section after the expiry of the said
period, if it is satisfied that the applicant was prevented by sufficient cause
from making the application in time:
Provided further that, where the tenant is a
workman or an employee whose services are terminated and a dispute in respect
of such termination is pending before a tribunal, court or any other competent
authority, the order for a eviction shall not be passed until such tribunal,
court or authority, under the relevant law, finally upholds the order of such
termination.
Explanation- For the purposes of this section, the expression "landlord" shall not include, in respect of sub-tenant, a tenant who has sub-let any premises, or in respect of a deemed tenant, a tenant at whose instance the deemed tenant has come in occupation of any premises.
Chapter V - Special Provisions For Recovery Of Possession In Certain Cases
23. Members 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 such a member and has retired as such (which
term shall include
premature retirement), or
(ii) holds a
scientific post in the Department of Atomic Energy of the Central Government or
in any of its aided institution (hereinafter in this section referred to as
"a scientist"), or was such a scientist and has retired as such
(which term shall include premature retirement), and one year has not elapsed
since his retirement on the date of making of the application, or
(iii) is an employee
of the Government of India, Government of any State or Union Territory, Public
Sector Undertaking of the Government of India or of any State Government
(hereinafter referred to as "a Government servant") and has retired
as such (which term shall include premature retirement) and one year has not
elapsed since his retirement on the date of the application, shall be entitled
to recover from his tenant the possession of any premises owned by him on the
ground that such premises are bona fide required by him for occupation by
himself or by any member of his family, by making an application for the
purpose of recovery of possession of the premises, to the Competent Authority;
and the Competent Authority shall make an order of eviction on that ground if,
-
(a) in the case of
landlord who is a member of the armed forces of the Union, he produces a
certificate signed by the authorized officer to the effect that,- ,
(i) he is a member of
the armed forces of the Union, or that he was such a member and has retired as
such, and
(ii) he does not
possess any other premises suitable for residence in the local area where the
premises are situated; or
(b) in the case of a landlord
who is scientist, he produces a certificate signed by an officer of the
Department of Atomic Energy of, or above, the rank of Deputy Secretary to
Government to the effect that,-
(i) he is presently
holding a scientific post in the Department of Atomic Energy or in any of its
aided institutions specified in the certificate or he was holding such post and
has now retired with effect from the date specified in the certificate; and
(ii) he does not
possess any other suitable residence (excluding any residential accommodation
provided by Government) in the local area where the premises are situated;
(c) in the case of a
Government servant, he produces a certificate signed by the Head of Department
or the Head of the office, or the Chief Executive of the Public Sector
Undertaking, by whatever designation called, to the effect that,-
(i) he is presently
holding the post in that Department, Office or Public Sector Undertaking or he
was holding such post and has now retired with effect from the date specified
in the certificate; and
(ii) he does not
possess any other suitable residence (excluding any residential accommodation
provided by Government or Public Sector Undertaking) in the local area where
the premises are situated;
(B) A
successor-in-interest who becomes the landlord of the premises owned by any
landlord referred to in clause (A), as a result of death of such a landlord
while in service or where he is a member of the armed forces of the Union,
within five years of his retirement, or where he is a scientist, or a
Government servant, within one year of his retirement, shall be entitled to
recover possession of such premises on the ground that such premises are bona
fide required for occupation by the successor-in-interest himself or by any member
of the family of the deceased landlord, by making an application for the
purpose of recovery of possession of the premises, to the Competent Authority;
and the Competent Authority shall make an order of eviction on that ground if,-
(a) in the case of the
successor - in- interest of a member of the armed forces of the Union, he
produces a certificate signed by the authorized officer to the effect that.
(i) a
successor-in-interest is a widow or any other member of the family of the
deceased member of the armed forces of the Union, who died while in service on
the date specified in the certificate (or of a member of the armed forces of
the Union who has retired and who died within five years of his retirement on
the date specified in the certificate); and
(ii) such a
successor-in-interest does not possess any other premises suitable for
residence in the local area where such premises are situated; or
(b) in the case of a
successor-in-interest of a scientist, he produces a certificate signed by an
officer of the Department of Atomic Energy of, or above, the rank of Deputy
Secretary to Government, to the effect that,-
(i) the
successor-in-interest is a widow or any other member of the family of the
deceased scientist who died while in service on the date specified in the
certificate (or of a scientist who has retired and who died within one year of
his retirement on the date specified in the certificate);
(ii) such
successor-in-interest does not possess any other suitable residence (excluding any
residential accommodation provided by Government) in the local area where such
premises are situated; or
(c) in the case of a
successor-in-interest of a Government servant, he produces a certificate signed
by the head of his Department, Head of the office, or the Chief Executive, by
whatever designation called, of the Public Sector Undertaking, to the effect
that,-
(i) the
successor-in-interest is a widow or any other member of the family of the
deceased Government servant, who died while in service on the date specified in
the certificate (or of a Government servant who has retired and who died within
one year of his retirement on the date specified in the certificate); and in
the local area where such premises are situated.
(2) Any certificate
granted under sub-section (1) shall be conclusive evidence of the facts stated
therein.
Explanation. For the purposes of
this section, -
(1) "authorized officer", in
relation to a member of the armed forces of the Union, means the commanding
officer or head of services, including,-
(i) in the case of an
officer retired from the Army, the Area Commander,
(ii) in the case of an
officer retired from the Navy, the Flag officer Commanding-in Chief, Naval
Command, and
(iii) in the case of
an officer retired from the Air Force, the Station Commander;
(2) "member of the family" means any
of the following members of the family of a member of the armed forces of the
Union, or a scientist, or a Government servant, as the case may be, who is
ordinarily residing with him and who is dependent on him and where member of
the armed forces of the Union or a scientist or a Government servant has
retired or died, any member of his family who is so residing, or dependent at
the time of his retirement, or as the case may be, death, namely :-
spouse, father, mother, son, daughter,
grandson, grand-daughter, son's wife, grandson's wife, widow of predeceased son
or grand-son;
(3) "successor-in-interest" means,-
(i) if the deceased landlord
has a spouse living at the time of his death, spouse, and
(ii) in any other
case, any other member of his family.
Explanation.- A landlord or his
successor-in-interest by inheritance or otherwise shall not be entitled to
recover possession under this section from the tenant or his
successor-in-interest by transmission, where the landlord has acquired the
property by purchase, gift, exchange or otherwise (but excluding acquisition by
inheritance or succession or in the case of premises in a Co-operative Housing
Society, by acquisition of a share or right and interest in such premises by
nomination), and where, at the time of acquisition, by purchase gift, exchange
or otherwise the premises had been in the occupation of the tenant or his
predecessor-in-interest from whom the tenancy has been transmitted and
notwithstanding anything contained in any judgment, decree or order of the
court or anything contained in this Act or in any other law for the time being
in force, the provisions of this explanation shall always be deemed to have
applied to such a case, and the landlord shall not be entitled to recover
possession in any such case,
(4) "aided institution" means the Tata Institution of Fundamental Research and the Tata Memorial Centre, also any other, institution which may be declared, from time to time, by the State Government in consultation with the Department of Atomic Energy to be aided institution for the purposes of this section.
24. Landlord 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 possession of such premises to the landlord on
expiry of the period of license; and on the failure of the licensee to so
deliver the possession of the licensed premises, a landlord shall be entitled
to recover possession of such premises from a licensee, on the expiry of the
period of license, by making an application to the Competent Authority, and,
the Competent Authority, on being satisfied that the period of license has
expired, shall pass an order for eviction of a licensee.
(2) Any licensee who does not deliver
possession of the premises to the landlord on expiry of the period of license
and continues to be in possession of the licensed premises till he is
dispossessed by the Competent Authority shall be liable to pay damages at
double the rate of the license fee or charge of the premises fixed under the
agreement of license.
(3) The Competent Authority shall not
entertain any claim of whatever nature from any other person who is not a
licensee according to the agreement of license.
Explanation- For the purposes of
this section,-
(a) the expression "landlord"
includes a successor-in-interest who becomes the landlord of the premises as a
result of death of such landlord; but does not include a tenant or a sub-tenant
who has given premises on license;
(b) an agreement of license in writing shall be conclusive evidence of the fact stated therein.
Chapter VI - Provisions Regarding Sub-Tenancies And Other Matters Concerning Tenancies
25. Certain 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 and such sub-tenancy is subsisting on the date of commencement of this Act or where sub-tenancy is permitted by a contract between the landlord and the tenant, such sub-tenant shall, subject to the provisions of this Act, be deemed to become the tenant of his landlord on the same terms and conditions as he would have held from the tenant if the tenancy had continued.
26. In 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 to sub-let or give on license the whole or
any part of the premises let to him or to assign or transfer in any other
manner his interest therein:
Provided that, the State Government may by notification in the Official Gazette, permit in any area the transfer of interest in premises held under such leases or class of leases any premises or class of premises other than those let for business, trade or storage to such extent as may be specified in the notification.
27. State 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 Bombay Government Premises (Eviction)
(Amendment) Act, 1996 (hereinafter in this section referred to as "the
said date"),
(a) the State
Government, in respect of the premises requisitioned or continued under
requisition and allotted to a Government allotted referred to in sub-clause (a)
of clause (2) of section 7; and
(b) the Government
allotted, in respect of the premises requisitioned or continued under
requisition and allotted to him as referred to in sub-clause (b) of clause (2)
of section 7, shall, notwithstanding anything contained in this Act, or in the
Bombay Land Requisition Act, 1948, or in any other law for the time being in
force, or in any contract, or in any judgment, decree or order of any court
passed on or after the 11th June, 1996, or in any order of eviction issued by
the Competent Authority, or by the Appellate Authority, under the Bombay Land
Requisition Act, 1948, be deemed to have become, for the purposes of this Act,
the tenant of the landlord; and such premises shall be deemed to have been let
by the landlord to the State Government or, as the case may be, to such
Government allotted, on payment of rent and permitted increases equal to the
amount of compensation payable in respect of the premises immediately before
the said date.
(2) Save as otherwise provided in this section
or any other provision of this Act, nothing in this section shall affect,-
(a) the rights of the
landlord including his right to recover possession of the premises from such
tenant on any of the grounds mentioned in section 16 or in any other section;
(b) the right of the
landlord or such tenant to apply to the court for the fixation of standard rent
and permitted increases under this Act, by reason only of the fact that the
amount of the rent and permitted increases, if any, to be paid by such tenant
to the landlord is determined under sub-section (1);
(c) the operation and the application of the other relevant provisions of this Act in respect of such tenancy.
28. Inspection 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 occupier.
29. Landlord 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 any essential supply or service enjoyed
by the tenant in respect of the premises let to him.
(2) A tenant in occupation of the premises
may, if the landlord has contravened the provisions of sub-section
(1), make an application to the court for a
direction to restore such supply or service.
(3) Having regard to the circumstances of a
particular case the court, may, if it is satisfied that it is necessary to make
an interim order, make such order directing the landlord to restore the
essential supply or service before the date specified in such order, before
giving notice to the landlord of the enquiry to be made in the application
under sub-section (3) or during the pendency of such enquiry. On the failure of
the landlord to comply with such interim order of the court, the landlord shall
be liable to the same penalty as is provided for in sub-section (4).
(4) If the court on inquiry finds that the
tenant has been in enjoyment of the essential supply or service and that it was
cut-off or withheld by the landlord without just or sufficient cause, the court
shall make an order directing the landlord to, restore such supply or service
before a date to be specified in the order. Any landlord who fails, to restore
the supply or service before the date so specified, shall, for each day during
which the default continues thereafter, be liable upon further directions by
the court to that effect, to fine which may extend to one hundred rupees.
(5) Any landlord, who contravenes, the
provisions of sub-section (1), shall, on conviction, be punishable with
imprisonment for a term which may extend to three months or with fine which may
extend to one thousand rupees or with both.
(6) An application under this section may be
made jointly by all or any of the tenants of the premises situated in the same
building.
Explanation.- ln this section,-
(a) essential supply or service includes
supply of water, electricity, lights in passages and on staircases, lifts and
conservancy or sanitary service;
(b) withholding any essential supply or
service shall include acts or omissions attributable to the landlord on account
of which the essential supply or service is cut-off by the municipal authority
or any other competent authority.
(7) Without prejudice to the provisions of
sub-sections (1) to (6) or any other law for the time being in force, where the
tenant,-
(a) who has been in
enjoyment of any essential supply or service and the landlord has withheld the
same, or
(b) who desires to have, at his own cost, any other essential supply or service for the premises in his occupation, the tenant may apply to the Municipal or any other authority authorized in this behalf, for the permission or for supply of the essential service and it shall be lawful for that authority to grant permission for, supply of such essential supply or service applied for without insisting on production of a "No Objection Certificate" from the landlord by such tenant.
30. Conversion 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 residential purpose.
(2) Any landlord who contravenes the provisions of sub-section (1) shall, on conviction, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both.
31. Giving 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 such manner as may be prescribed.
(2) Every landlord shall, without charging any
consideration, issue the rent receipt in respect of the premises let out to the
deceased tenant in the name of the family member referred to in sub-clause (d)
of clause (15) of section 7.
(3) Any landlord or person who fails to give a written receipt for any amount received by him in respect of any premises shall, on conviction, be punishable with fine which may extend to one hundred rupees for each day of default.
32. Recovery 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 month or year or portion of a year shall be
recovered according to the British Calendar.
(2) The State Government may prescribe the manner in which rent recoverable according to any other calendar before the coming into operation of this Act shall be calculated and charged in terms of the British Calendar.
Chapter VII - Provisions Regarding Jurisdiction Of Courts, Suits, Appeals, Practice And Procedure
33. Jurisdiction 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 reason of the amount of the claim or for any other
reason, the suit or proceeding would not, but for this provision, be
within its jurisdictions,-
(a) in Brihan Mumbai,
the Court of Small Causes, Mumbai,
(b) in any area for which
a Court of Small Causes is established under the Provincial Small Causes Courts
Act, 1887, such court, and
(c) elsewhere, the
court of the Civil Judge (Junior Division) having jurisdiction in the area in
which the premises are situate or, if there is no such Civil Judge, the court of
the Civil Judge (Senior Division) having ordinary jurisdiction, shall have
jurisdiction to entertain and try any suit or proceeding between a landlord and
a tenant relating to the recovery of rent or possession of any premises and to
decide any application made under this Act (other than the applications which
are to be decided by the State Government or an officer authorized by it or the
Competent Authority); and subject to the provisions of sub-section (2), no other
court shall have jurisdiction to entertain any such suit, proceeding, or
application or to deal with such claim or question
(2) (a) Notwithstanding anything contained in
clause (b) of sub-section (1), the District Court may at any stage withdraw any
such suit, proceeding or application pending in a Court of Small Causes
established for any area under the Provincial Small Causes Courts Act, 1887,
and transfer the same for trial or disposal to the Court of the Civil Judge
(Senior Division) having ordinary jurisdiction in such area;
(b) where any suit,
proceeding or application has been withdrawn under clause (a), the Court of the
Civil Judge (Senior Division) which thereafter tries such suit proceeding or
application, as the case may be, may either re-try it or proceed from the stage
at which it was withdrawn;
(c) The Court of the Civil Judge trying any suit, proceeding or application withdrawn under clause (a) from the Court of Small Causes, shall, for purposes of such suit, proceeding or application, as the case may be, be deemed to be the Court of Small Causes.
34. Appeal
(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 Court of Small Causes. Mumbai, exercising
jurisdiction under section 33, to a bench of two Judges of the said Court which
shall not include the Judge who made such decree or order;
(b) elsewhere, from a
decree or order made by a Judge of the Court of Small Causes established under
the Provincial Small Causes Courts Act, 1887, or by the Court of the Civil
Judge deemed to be the Court of Small Causes under clause (c) of sub-section
(2) of section 33 or by a Civil Judge exercising such jurisdiction, to the
District Court:
Provided that no such appeal shall lie from,-
(a) a decree or order made in any suit or
proceeding in respect of which no appeal lies under the Code of Civil
Procedure, 1908;
(b) a decree or order made in any suit or
proceeding (other than a suit or proceeding relating to possession) in which
the plaintiff seeks to recover rent in respect of any premises and the amount
or value of the subject matter of which does not exceed-
(i) where such suit or
proceeding is instituted in Brihan Mumbai Rs. 10,000; and
(ii) where such suit
or proceeding is instituted elsewhere, the amount upto which the Judge or Court
specified in clause (b) is invested with jurisdiction of a Court of Small
Causes, under any law for the time being in force;
(c) an order made upon an application for
fixing the standard rent or for determining the permitted increases in respect
of any premises except in a suit or proceeding in which an appeal lies;
(d) an order made upon an application by a
tenant for a direction to restore any essential supply or service in respect of
the premises let to him.
(2) Every appeal under sub-section (1) shall
be made within thirty days from the date of the decree or order, as the case
may be:
Provided that, in computing the period of
limitation prescribed by this sub-section the provisions contained in sections
4, 5 and 12 of the Limitation Act, 1963 shall, so far as may be, apply.
(3) No further appeal shall lie against any
decision in appeal under sub-section (1).
(4) Where no appeal lies under this section from a decree or order in any suit or proceeding in Brihan Mumbai, the bench of two Judges specified in clause (a) of sub-section (1) and elsewhere, the District Court, may, for the purpose of satisfying itself that the decree or order made was according to law, call for the case in which such decree or order was made and the bench or court aforesaid or the District Judge or any Judge to whom the case may be referred by the District Judge, shall pass such order with respect thereto as it or he thinks fit.
35. Saving 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 premises arises and is determined, from suing in a competent court to establish his title to such premises.
36. Compensation 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 vexatious, the court may, after hearing the plaintiff or applicant and for reasons to be recorded, order that compensation, not exceeding two thousand rupees, be paid by such plaintiff or applicant to the defendant or opponent, as the case may be.
37. Procedure 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 executing orders made by them.
38. Time 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 disposed of as expeditiously as possible and endeavor shall be made
to dispose of the case, as far as may be practicable, within a period of twelve
months from the date of service of summons, or as the case may be, notice on
the defendant;
(b) an appeal against the decree or order made by the Court, shall be heard and disposed of as expeditiously as possible and endeavor shall be made to dispose of the appeal, as far as may be practicable, within a period of six months from the, date of service of notice of appeal on the respondent.
Chapter VIII - Summary Disposal Of Certain Applications
39. Provisions 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 in any other law for the time being in force.
40. Appointment 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 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. Definition 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 thereof in favor of his employee under
section 22;
(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 license for residence or a successor-in-interest referred to in section 24.
42. Special 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 contrary or any judgment 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 1 5 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. Special 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 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 Ill.
(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
acknowledgment purporting to be signed by the tenant or licensee or their agent
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 sub-section (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;
(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. Order 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 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, authorize in this behalf,
may, at any time suo motto 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. Effect 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 Competent Authority or any other officer duly authorized 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. Pending 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 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. Bar 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 Government or an officer authorized 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.
48. Section 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, the provisions of section 18 shall apply as if, for
sub-section (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 re-lets 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."
(3) Nothing in section 20 shall apply to a landlord referred to in clause (c) of section 41.
49. Competent 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.
50. All 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.
51. Competent 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.
52. Protection 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 under this Act.
Chapter IX - Miscellaneous
53. Certain 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 court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class.
54. Offences 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, every director, manager, secretary, agent or other officer or person concerned with the management thereof, and every partner of the firm shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.
55. Tenancy 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 premises, entered into between the landlord and the
tenant or the licensee, as the case may be, after the commencement of this Act,
shall be in writing and shall be registered under the Registration Act, 1908.
(2) The responsibility of getting such
agreement registered shall be on the landlord and in the absence of the written
registered agreement, the contention of the tenant about the terms and
conditions subject to which a premises have been given to him by the landlord
on leave and license or have been let to him, shall prevail, unless proved
otherwise.
(3) Any landlord who contravenes the provisions of this section shall, on conviction, be punished with imprisonment which may extend to three months or with fine not exceeding rupees five thousand or with both.
56. Right 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 claim or receive any sum or any
consideration, as a condition of the relinquishment, transfer or assignment of
his tenancy of any premises;
(ii) the landlord or any person acting or purporting to act on behalf of the landlord to receive any fine, premium or other like sum or deposit or any consideration in respect of the grant, or renewal of a lease of any premises, or for giving his consent to the transfer of a lease to any other person.
57. Power 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 giving effect to the provisions of this Act.
(2) In particular, and without prejudice to the
generality of the foregoing provisions, such rules may provide for-
(a) the manner in
which addition to the rent shall be made under sub-section (2) or clause (a) of
sub-section (3) of section 11;
(b) the authority from
which a declaration, and the manner and the form in which declaration or a
certificate from a notified architect asserting that it is necessary to
undertake repairs and the extent thereof and estimated cost thereof, to be
obtained by the landlord, and the manner and the form in which a certificate
from such authority or such architect confirming that the repairs were carried
out in accordance with the declaration, or as the case may be, the certificate
aforesaid, and fixing the date of completion of the repairs and the actual
expenses thereof, to be obtained by the landlord under clause (b) of
sub-section (3) of section 11;
(c) the form and the
manner in which a receipt is to be given under sub-section (1) of section 31;
(d) the manner in
which rent recoverable according to any calendar other than the British
calendar before the commencement of this Act shall be calculated and charged in
terms of the British calendar under sub-section (2) of section 32;
(e) the procedure to
be followed in trying or hearing suits, proceedings including proceedings for
execution of decrees and distress warrants, applications, appeals and execution
of orders;
(f) levy of court-fees
in suits, proceedings and applications instituted before a court or Competent
Authority;
(g) any other matter
which has to be, or may be, prescribed.
(3) Every rule made under this section shall be laid, as soon as may be, after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall, from the date of publication of a notification in the Official Gazette of such decision, have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
58. Repeal 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
Provinces and Berar Regulation of Letting of Accommodation Act, 1946 including
the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949;
and
(c) the Hyderabad
Houses (Rent, Eviction and Lease) Control Act, 1954;
shall stand repealed
(2) Notwithstanding such repeal,
(a) all applications,
suits and other proceedings under the said Acts, pending, on the date of
commencement of this Act before any Court, Controller, Competent Authority or
other office or authority shall be continued and disposed of, in accordance
with the provisions of the Acts so repealed, as if the said Acts had continued
in force and this Act had not been passed;
(b) the provisions for
appeal under the Acts so repealed shall continue in force in respect of
applications, suits and proceedings disposed of thereunder;
(c) any appointment,
rule and notification made or issued under any of the repealed Acts and in
force on the date of commencement of this Act shall, in so far as they are not
inconsistent with the provisions of this Act, be deemed to have been made or
issued under this Act and shall continue in force until it is superseded or
modified by any appointment, rule or notification made or issued under this
Act;
(d) all prosecutions instituted under the provisions of any of the repealed Acts shall be effective and disposed of in accordance with the law.
59. Removal 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 shall include reference to proceedings under Chapter-VII of the Presidency Small Causes Courts Act, 1882, and reference to decrees in this Act shall include reference to final orders in such proceedings.
60. Removal 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 eviction and other connected matters in the repealed
Acts, and as are contained in this Act, the State Government may, as occasion
arises, by order do anything which appears to it to be necessary for the
purpose of removing, the difficulty:
Provided that, no such order shall be made after the expiry of the period of two years from the date of scommencement of this Act.