THE MAHARASHTRA RENT CONTROL ACT, 1999

PREAMBLE

What is the subject matter of the Maharashtra Rent Control Act, 1999?

It unifies, consolidates and amends the law relating to control of rent, repairs of certain premises, eviction and encouragement of construction of new houses by assuring a fair return on investment to landlords.

What is the act no of Maharashtra Act of 2000?

Maharashtra Act No. XVIII of 2000.

When did the Maharashtra Rent Control Act, 1999 receive the assent of the President?

On 8th March 2000.

When was the President's assent to the Maharashtra Rent Control Act, 1999 first published?

On 10th March 2000 in the Maharashtra Government Gazette, Part-IV.

In which Gazette was the President's assent to the Act first published?

Maharashtra Government Gazette, Part-IV.

What is one of the purposes of the Act regarding rent?

To control rent of certain premises.

What is one of the purposes of the Act regarding repairs?

To regulate repairs of certain premises.

What is one of the purposes of the Act regarding eviction?

To regulate eviction from certain premises.

What is one of the purposes of the Act regarding housing development?

To encourage the construction of new houses.

How does the Act seek to encourage the construction of new houses?

By assuring a fair return on the investment by landlords.

What additional matters does the Act provide for?

Matters connected with the purposes of rent control, repairs, eviction and encouragement of new house construction.

Why was the Act enacted according to the Preamble?

Because it was expedient to unify, consolidate and amend the laws prevailing in different parts of the State relating to rents, repairs and eviction.

Which laws prevailing in different parts of the State were intended to be unified under the Act?

Laws relating to the control of rents and repairs of certain premises and of eviction.

What kind of return is assured to landlords under the Act?

A fair return on their investment.

In which year of the Republic of India was the Act enacted?

In the Fiftieth Year of the Republic of India.

CHAPTER 1

PRELIMINARY

What is the subject matter of Section 1 of the Maharashtra Rent Control Act, 1999?

Short title, extent and commencement.

What is the short title of the Act?

The Maharashtra Rent Control Act, 1999.

To what area does the Maharashtra Rent Control Act, 1999 extend?

The whole of the State of Maharashtra.

How is the commencement of the Maharashtra Rent Control Act, 1999 determined?

By a date appointed by the State Government through notification in the Official Gazette.

Which authority is empowered to appoint the date of commencement of the Act?

The State Government.

In what manner is the date of commencement of the Act appointed?

By notification in the Official Gazette.

On which date did the Maharashtra Rent Control Act, 1999 come into force?

31st March 2000.

What is the subject matter of Section 2 of the Maharashtra Rent Control Act, 1999?

Application of the Act.

To what premises does the Act apply in the first instance under Section 2(1)?

Premises let for the purposes of residence, education, business, trade or storage in the areas specified in Schedule I and Schedule II.

For what purposes must premises be let for the Act to apply under Section 2(1)?

Residence, education, business, trade or storage.

In which areas does the Act apply under Section 2(1)?

Areas specified in Schedule I and Schedule II.

Notwithstanding Section 2(1), to which previously governed premises or houses does the Act also apply?

Premises or houses in areas to which the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949, or the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954 had been extended and applied before the commencement of this Act.

What is the condition for continued application of the Act to premises covered under Section 2(2)?

Such premises or houses must continue to be so let on the date of commencement of this Act.

In which areas must the premises referred to in Section 2(2) be situated?

Areas specified in Schedule I to this Act.

Does the Act continue to apply to premises under Section 2(2) if the area ceases to be of the description specified in Schedule I?

Yes, notwithstanding that the area ceases to be of the description therein specified.

To which premises does Section 2(3) extend the application of the Act?

Premises let for the purposes specified in Section 2(1) in such cities or towns as specified in Schedule II.

Which authority may alter the application of the Act by notification under Section 2(4)?

The State Government.

How may the State Government exercise its power under Section 2(4)?

By notification in the Official Gazette.

What may the State Government direct under Section 2(4)(a) regarding areas specified in Schedules I and II?

That the Act shall not apply to any of those areas.

What may the State Government direct under Section 2(4)(a) regarding purposes specified in Section 2(1)?

That the Act shall not apply to any one or all such purposes.

What may the State Government direct under Section 2(4)(b) regarding areas not specified in Schedules I and II?

That the Act shall apply to premises let for any or all purposes specified in Section 2(1) in such areas.

Can the State Government extend the application of the Act to areas other than those specified in Schedule I and Schedule II?

Yes, by notification in the Official Gazette.

Can the State Government exclude all purposes specified in Section 2(1) from the application of the Act in notified areas?

Yes, it may direct that the Act shall not apply to any one or all such purposes.

What is the subject matter of Section 3 of the Maharashtra Rent Control Act, 1999?

Exemption.

To which premises does the Act not apply under Section 3(1)(a)?

Premises belonging to the Government or a local authority.

To what relationships created by the Government does the Act not apply as against the Government?

Tenancy, licence or other like relationship created by a Government grant or licence in respect of premises requisitioned or taken on lease or licence by the Government.

What premises taken on behalf of the Government are covered by the exemption under Section 3(1)(a)?

Premises taken on the basis of tenancy, licence or other like relationship by or in the name of an authorised subordinate officer.

To which Government-related premises does the Act continue to apply despite Section 3(1)(a)?

Premises let or given on licence to the Government or a local authority or taken on behalf of the Government by an authorised officer.

To which bank-related premises does the Act not apply under Section 3(1)(b)?

Premises let or sub-let to banks.

To which public sector entities does the Act not apply under Section 3(1)(b)?

Public Sector Undertakings and Corporations established by or under any Central or State Act.

To which international entities does the Act not apply under Section 3(1)(b)?

Foreign missions and international agencies.

To which corporate entities does the Act not apply under Section 3(1)(b)?

Multinational companies and private or public limited companies having paid-up share capital of rupees one crore or more.

What is the minimum paid-up share capital required for exemption of a private limited company under Section 3(1)(b)?

Rupees one crore or more.

What is the minimum paid-up share capital required for exemption of a public limited company under Section 3(1)(b)?

Rupees one crore or more.

What is included in the expression “bank” under the Explanation to Section 3(1)(b)?

The State Bank of India, subsidiary banks, corresponding new banks and scheduled banks.

Which bank constituted under the State Bank of India Act, 1955 is included in the expression “bank”?

The State Bank of India.

Which banks are included as subsidiary banks under the Explanation to Section 3(1)(b)?

Subsidiary banks as defined in the State Bank of India (Subsidiary Banks) Act, 1959.

Which corresponding new banks are included in the expression “bank”?

Banks constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 or 1980.

Which other banks are included in the expression “bank”?

Scheduled banks as defined in section 2(e) of the Reserve Bank of India Act, 1934.

What power is conferred on the State Government under Section 3(2)?

To exempt all or any provisions of the Act subject to specified conditions and terms.

To which charitable premises may the State Government grant exemption under Section 3(2)(i)?

Premises used for a public purpose of a charitable nature or any class of such premises.

To which trust premises may exemption be granted under Section 3(2)(ii)?

Premises held by a public trust for a religious or charitable purpose and let at a nominal or concessional rent.

To which locally administered trust premises may exemption be granted under Section 3(2)(iii)?

Premises held by a public trust for a religious or charitable purpose and administered by a local authority.

To which university premises may exemption be granted under Section 3(2)(iv)?

Premises belonging to or vested in a university established by any law for the time being in force.

What must the State Government ensure before issuing a direction under Section 3(2)?

That the tenancy rights of existing tenants are not adversely affected.

Whose tenancy rights are protected by the proviso to Section 3(2)?

The tenancy rights of existing tenants.

What is excluded from the expression “premises belonging to the Government or a local authority” under Section 3(3)?

A building erected on land held from the Government or local authority under an agreement, lease, licence or other grant.

Does Section 3(3) operate notwithstanding any judgment, decree or order of a court?

The exclusion applies notwithstanding anything contained in Section 3(1) or in any judgment, decree or order of a court.

Can a building be excluded under Section 3(3) even if it belongs or continues to belong to the Government or local authority under the grant terms?

Yes, if it is erected on land held under an agreement, lease, licence or other grant.

Who is entitled to create a tenancy in respect of a building covered by Section 3(3)?

The person holding the land from the Government or local authority.

Can tenancy be created in respect of a part of such building under Section 3(3)?

The holder of the land may create a tenancy in respect of the building or any part thereof.

What is the subject matter of Section 4 of the Maharashtra Rent Control Act, 1999?

Power of State Government to issue orders in respect of premises belonging to local authority, etc.

What power is conferred on the State Government under Section 4?

To make the exemption granted to a local authority under Section 3(1) subject to specified conditions and terms.

Does Section 4 operate notwithstanding anything contained in the Act?

The power under Section 4 may be exercised notwithstanding anything contained in the Act.

How may the State Government exercise its power under Section 4?

By general or special order.

How often may the State Government exercise the power under Section 4?

From time to time.

To which exemption does Section 4 apply?

The exemption granted to a local authority under Section 3(1).

How may the conditions and terms under Section 4 be specified?

Either generally or specially in any particular case.

Who determines the conditions and terms subject to which the exemption shall operate under Section 4?

The State Government in its discretion.

What is the subject matter of Section 5 of the Maharashtra Rent Control Act, 1999?

Cessation of exemption.

When may the State Government direct that an exemption shall cease to have effect?

When there is contravention of any condition or term subject to which the exemption was granted.

Who is competent to direct cessation of an exemption under Section 5?

The State Government.

From when may an exemption cease to have effect under Section 5?

From such date as may be specified in the order.

What must exist before the State Government can exercise its power under Section 5?

Contravention of a condition or term subject to which the exemption was granted.

What procedural safeguard is provided before an order under Section 5 is passed?

A reasonable opportunity of showing cause must be given.

Who must be given a reasonable opportunity of showing cause under the proviso to Section 5?

The local authority, religious or charitable institution, or university referred to in Section 3(2).

What is the purpose of the opportunity of showing cause under Section 5?

To explain why an order directing cessation of exemption should not be issued.

Which institutions referred to in Section 3(2) are protected by the proviso to Section 5?

Religious or charitable institutions and universities covered by Section 3(2).

What is the subject matter of Section 6 of the Maharashtra Rent Control Act, 1999?

Provisions with regard to standard rent not to apply to certain premises.

From when does Section 6 operate?

From the commencement of the Act.

Which provisions are rendered inapplicable by Section 6?

The provisions relating to standard rent and permitted increases.

To which premises does Section 6 apply?

Premises let or given on licence in a building which were not let or given on licence for a continuous period of one year.

Does Section 6 apply to premises in newly constructed buildings?

Premises in newly constructed as well as other buildings are covered by Section 6.

What condition regarding non-letting or non-licensing must be satisfied for Section 6 to apply?

The premises must not have been let or given on licence for a continuous period of one year.

What is the duration of non-letting or non-licensing required under Section 6?

A continuous period of one year.

Which premises are excluded from the operation of Section 6 under clause (a) of the proviso?

Premises referred to in Sections 20 and 21.

To which premises do the provisions relating to standard rent and permitted increases continue to apply notwithstanding Section 6?

Premises referred to in Sections 20 and 21.

Which housing scheme premises are excluded from the operation of Section 6 under clause (b) of the proviso?

Premises constructed or reconstructed in housing schemes undertaken by the Government, the Maharashtra Housing and Area Development Authority, or its Boards.

Which Authority is specifically mentioned in clause (b) of the proviso to Section 6?

The Maharashtra Housing and Area Development Authority.

Which Boards are covered under clause (b) of the proviso to Section 6?

Boards established under Section 18 of the Maharashtra Housing Area Development Act, 1976.

Under which provision are the Boards referred to in Section 6(b) established?

Section 18 of the Maharashtra Housing Area Development Act, 1976.

What types of premises in Government or MHADA housing schemes are protected from the operation of Section 6?

Premises constructed or reconstructed in such housing schemes.

What is the subject matter of Section 7 of the Maharashtra Rent Control Act, 1999?

Definition of “Competent Authority”.

What is meant by “Competent Authority”?

The competent authority appointed under Section 40.

What is the subject matter of Section 7(2)?

Definition of “Government allottee”.

Who is a Government allottee in relation to premises allotted for non-residential purposes?

The principal officer-in-charge of the department, office, undertaking, corporation, society or consulate in occupation or possession on 7th December 1996.

For what purposes must the premises be allotted under Section 7(2)(a)?

Non-residential purposes.

By whom must the premises be allotted under Section 7(2)(a)?

The State Government.

Which Government departments are covered under Section 7(2)(a)?

Departments or offices of the State Government or Central Government.

Which undertakings are covered under Section 7(2)(a)?

Public sector undertakings owned or controlled fully or partly by the State Government.

Which corporations are covered under Section 7(2)(a)?

Corporations owned or controlled fully or partly by the State Government.

Which societies are covered under Section 7(2)(a)?

Co-operative Societies registered under the Maharashtra Co-operative Societies Act, 1960.

Are foreign consulates covered under Section 7(2)(a)?

Foreign consulates by whatever name called are covered.

What is the relevant date for determining occupation or possession under Section 7(2)(a)?

7th December 1996.

Which Amendment Act's commencement date is referred to in Section 7(2)(a)?

The Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996.

Who is a Government allottee in relation to premises allotted for residential purposes under Section 7(2)(b)?

The person or his legal heir who was in occupation or possession for residence on 7th December 1996.

For what purpose must the premises be allotted under Section 7(2)(b)?

Residential purpose.

Who must have allotted the premises under Section 7(2)(b)?

The State Government.

What is the relevant date for determining occupation or possession under Section 7(2)(b)?

7th December 1996.

For whose residence must the premises be occupied under Section 7(2)(b)?

The person's own residence or the legal heir's own residence.

Who is treated as Government allottee where the original allottee has died?

His legal heir in occupation or possession for residence.

What is the subject matter of Section 7(3)?

Definition of “Landlord”.

Who is a landlord under Section 7(3)?

A person receiving or entitled to receive rent in respect of any premises.

Can a person receiving rent on his own account be a landlord?

A person receiving rent on his own account is a landlord.

Can a person receiving rent on behalf of another be a landlord?

A person receiving rent on behalf of another is a landlord.

Can a person receiving rent for the benefit of another be a landlord?

A person receiving rent for the benefit of another is a landlord.

Can a trustee receiving rent be a landlord?

A trustee receiving rent is a landlord.

Can a guardian receiving rent be a landlord?

A guardian receiving rent is a landlord.

Can a receiver receiving rent be a landlord?

A receiver receiving rent is a landlord.

Who is a landlord where the premises are not actually let but rent would be receivable if they were let?

A person who would be entitled to receive such rent.

Does the definition of landlord include a person deriving title under a landlord?

Any person, not being a tenant, who derives title under a landlord is included.

Who is the landlord in relation to a sub-tenant?

The tenant who has sub-let the premises.

Who is treated as landlord in relation to a licensee deemed to be a tenant under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947?

The licensor who granted the licence.

Who is the landlord in relation to the State Government or a Government allottee deemed to be a tenant under Section 27?

The person entitled to receive rent if the premises had been let to a tenant immediately before 7th December 1996.

What is the relevant date for determining the landlord under the last part of Section 7(3)?

Immediately before 7th December 1996.

Which Amendment Act's commencement date is referred to in the last part of Section 7(3)?

The Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996.

What is the subject matter of Section 7(4)?

Definition of “Legal representative”.

What is meant by “Legal representative” under Section 7(4)?

A legal representative as defined in the Code of Civil Procedure, 1908.

What is included within “legal representative” in relation to joint family property?

The joint family of which the deceased person was a member.

Which statutory definition is adopted for “legal representative” under Section 7(4)?

The definition under the Code of Civil Procedure, 1908.

What is the subject matter of Section 7(5) of the Maharashtra Rent Control Act, 1999?

Definition of “Licensee”.

Who is a licensee under Section 7(5)?

A person occupying premises or any part thereof under a subsisting licence agreement for a licence fee or charge.

What is the essential requirement for being a licensee under Section 7(5)?

Occupation under a subsisting licence agreement for a licence fee or charge.

Does the definition of licensee include occupation of part of the premises?

Occupation of the whole or any part of the premises is included.

Who is included as a licensee in a building vesting in or leased to a Co-operative Housing Society?

A person occupying any premises or part thereof in such building.

Under which Act must the Co-operative Housing Society be registered or deemed to be registered?

The Maharashtra Co-operative Societies Act, 1960.

Who is excluded from the definition of licensee as a paying guest?

A paying guest is not a licensee.

Who is excluded from the definition of licensee as a family member?

A member of a family residing together is not a licensee.

Who is excluded from the definition of licensee on account of employment?

A person in the service or employment of the licensor.

Who is excluded from the definition of licensee in relation to the licensor's business?

A person conducting a running business belonging to the licensor.

Who is excluded from the definition of licensee in relation to medical or para-medical services?

A person having accommodation for rendering or carrying on medical or para-medical services in or near a nursing home, hospital or sanatorium.

Who is excluded from the definition of licensee in a hotel?

A person having accommodation in a hotel.

Who is excluded from the definition of licensee in a lodging house?

A person having accommodation in a lodging house.

Who is excluded from the definition of licensee in a hostel?

A person having accommodation in a hostel.

Who is excluded from the definition of licensee in a guest house?

A person having accommodation in a guest house.

Who is excluded from the definition of licensee in a club?

A person having accommodation in a club.

Who is excluded from the definition of licensee in a nursing home?

A person having accommodation in a nursing home.

Who is excluded from the definition of licensee in a hospital?

A person having accommodation in a hospital.

Who is excluded from the definition of licensee in a sanatorium?

A person having accommodation in a sanatorium.

Who is excluded from the definition of licensee in a dharmashala?

A person having accommodation in a dharmashala.

Who is excluded from the definition of licensee in a home for widows, orphans or like premises?

A person having accommodation in such premises.

Who is excluded from the definition of licensee in a marriage hall or public hall?

A person having accommodation in such premises.

Who is excluded from the definition of licensee in a place of amusement or entertainment?

A person having accommodation in such place or institution.

When is a person occupying premises of an employee or spouse excluded from the definition of licensee?

When the employee or spouse is temporarily not occupying the premises due to service exigencies or residence attached to the post and charges only permissible licence fee.

What is the maximum licence fee that may be charged by an employee or spouse for the exclusion to apply?

Licence fee not exceeding the standard rent and permitted increase together with charges for services supplied.

Who is excluded from the definition of licensee in relation to amenities provided by an undertaking or institution?

A person having accommodation for conducting a canteen, crèche, dispensary or other amenity services.

How are the expressions “licence”, “licensor” and “premises given on licence” construed?

In accordance with the definition of “licensee”.

What is the subject matter of Section 7(6)?

Definition of “local authority”.

Which Municipal Corporations are included in the definition of local authority?

Mumbai Municipal Corporation, Nagpur Municipal Corporation and Municipal Corporations constituted under the Bombay Provincial Municipal Corporations Act, 1949.

Which Municipal Councils are included in the definition of local authority?

Municipal Councils constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

Which rural local bodies are included in the definition of local authority?

Zilla Parishads, Panchayat Samitis and Village Panchayats.

Which Act governs the Village Panchayats included in the definition of local authority?

The Bombay Village Panchayats Act, 1958.

Are cantonments included in the definition of local authority?

Cantonments constituted under the Cantonments Act, 1924 are included.

Is the Nagpur Improvement Trust a local authority under Section 7(6)?

Yes.

Is the Maharashtra Housing and Area Development Authority included in the definition of local authority?

Yes.

Are Boards constituted under the Maharashtra Housing and Area Development Act, 1976 included in the definition of local authority?

Yes.

Is the City and Industrial Development Corporation a local authority?

Yes.

Is the Pimpri and Chinchwad New Township Development Authority a local authority?

Yes.

What is the subject matter of Section 7(7)?

Definition of “paying guest”.

Who is a paying guest under Section 7(7)?

A person, not being a family member, who is given a part of the premises on licence in which the licensor resides.

What condition regarding residence of the licensor is necessary for a paying guest?

The licensor must reside in the premises.

Can a family member be a paying guest under Section 7(7)?

A member of the family is excluded from the definition of paying guest.

What is the subject matter of Section 7(8)?

Definition of “permitted increase”.

What is meant by “permitted increase”?

An increase in rent permitted under the provisions of the Act.

What is the subject matter of Section 7(9)?

Definition of “premises”.

What is meant by “premises” under Section 7(9)?

Any building or part of a building let or given on licence separately, other than a farm building.

Does the definition of premises include a part of a building?

A part of a building let or given on licence separately is included.

Is a farm building included in the definition of premises?

A farm building is excluded from the definition of premises.

What appurtenant areas are included in the definition of premises?

Gardens, grounds, garages and out-houses appurtenant to the building or part of the building.

Are fittings affixed for beneficial enjoyment included in the definition of premises?

Any fitting affixed for the more beneficial enjoyment of the building or part thereof is included.

What accommodation is excluded from the definition of premises?

A room or other accommodation in a hotel or lodging house.

What is meant by “premises requisitioned or continued under requisition”?

Premises requisitioned or continued under requisition under the Bombay Land Requisition Act, 1948.

What is the subject matter of Section 7(11)?

Definition of “prescribed”.

What is meant by “prescribed”?

Prescribed by rules.

What is the subject matter of Section 7(12)?

Definition of “repealed Act” or “repealed Acts”.

What is meant by “repealed Act” or “repealed Acts”?

The Act or Acts referred to in Section 58.

What is the subject matter of Section 7(13)?

Definition of “rules”.

What is meant by “rules”?

Rules made under the Act.

What is the subject matter of Section 7(14)?

Definition of “standard rent”.

What is meant by “standard rent”?

The rent determined in accordance with Section 7(14)(a), (b) or (c).

What is the standard rent where it has been fixed by a Court or Controller under the specified repealed rent laws?

The rent so fixed plus an increase of 5 per cent.

What percentage increase is added to standard rent fixed under the specified repealed laws?

Five per cent of the rent so fixed.

Which authorities may have fixed the standard rent under Section 7(14)(a)?

The Court or the Controller.

Which Bombay Act of 1939 is referred to in Section 7(14)(a)?

The Bombay Rents Restriction Act, 1939.

Which Bombay Act of 1944 is referred to in Section 7(14)(a)?

The Bombay Rents Hotel Rates and Lodging House Rates (Control) Act, 1944.

Which Bombay Act of 1947 is referred to in Section 7(14)(a)?

The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

Which Rent Control Order of 1949 is referred to in Section 7(14)(a)?

The Central Provinces and Berar Letting of Houses and Rent Control Order, 1949.

Which Hyderabad Act is referred to in Section 7(14)(a)?

The Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954.

What is the standard rent where standard rent or fair rent has not been fixed, subject to Sections 6 and 8?

The rent at which the premises were let on 1st October 1987.

What is the relevant date under Section 7(14)(b)(i) for determining standard rent?

1st October 1987.

What is the standard rent where the premises were not let on 1st October 1987?

The rent at which they were last let before that day plus an increase of 5 per cent.

What percentage increase is added to the last rent before 1st October 1987 under Section 7(14)(b)(ii)?

Five per cent.

To which provisions is Section 7(14)(b) subject?

Sections 6 and 8.

What is the standard rent in cases specified in Section 8?

The rent fixed by the Court.

Who fixes the standard rent in cases specified in Section 8?

The Court.

Who is a tenant under Section 7(15)?

Any person by whom or on whose account rent is payable for any premises.

Who is included as a tenant under Section 7(15)(a)(i)?

A tenant.

Who is included as a tenant under Section 7(15)(a)(ii)?

A deemed tenant.

Who is included as a tenant under Section 7(15)(a)(iii)?

A sub-tenant permitted under a contract or by the permission or consent of the landlord.

What type of sub-tenant is included in the definition of tenant?

A sub-tenant permitted under a contract or by the permission or consent of the landlord.

Who is included as a tenant under Section 7(15)(a)(iv)?

A person who has derived title under a tenant.

Who is included as a tenant under Section 7(15)(a)(v)?

A person to whom interest in the premises has been assigned or transferred as permitted under any repealed Act.

Who is included as a tenant under Section 7(15)(b)?

A person deemed to be a tenant under Section 25.

Who is included as a tenant under Section 7(15)(c)?

A person to whom interest in the premises has been assigned or transferred as permitted under Section 26.

Who succeeds to a residential tenancy on the death of the tenant under Section 7(15)(d)?

A family member residing with the tenant at the time of his death.

Who succeeds to a tenancy of premises let for education, business, trade or storage on the death of the tenant?

A family member using the premises for such purpose with the tenant at the time of his death.

What is the condition for succession by a family member in residential premises?

Residence with the tenant at the time of his death.

What is the condition for succession by a family member in premises let for education, business, trade or storage?

Use of the premises for such purpose with the tenant at the time of his death.

Who succeeds to the tenancy in the absence of a qualifying family member?

An heir of the deceased tenant.

Who decides the heir entitled to tenancy in the absence of agreement?

The Court.

Does Section 7(15)(d) apply where the tenant died before the commencement of the Act?

Succession under Section 7(15)(d) applies whether the death occurred before or after commencement of the Act.

What is the scope of the Explanation to Section 7(15)?

Transmission of tenancy applies not only on the death of the original tenant but also on the death of a subsequent tenant.

To whose death does the Explanation to Section 7(15) extend the rule of transmission of tenancy?

The death of any subsequent tenant who became tenant on the death of the last preceding tenant.

CHAPTER II

PROVISIONS REGARDING FIXATION OF STANDARD RENT AND PERMITTED INCREASE

What is the subject matter of Section 8 of the Maharashtra Rent Control Act, 1999?

Court may fix standard rent and permitted increases in certain cases.

To which provision is the power of the Court under Section 8(1) subject?

Section 9.

Who may fix standard rent under Section 8(1)?

The Court.

How may the Court fix standard rent under Section 8(1)?

Upon an application made for the purpose or in any suit or proceedings.

On what basis does the Court fix standard rent under Section 8(1)?

Having regard to the provisions of the Act and the circumstances of the case, as it deems just.

When may the Court fix standard rent under Section 8(1)(a)?

When there is no sufficient evidence to ascertain the rent referred to in Section 7(14)(b)(i) or (ii).

What deficiency of evidence empowers the Court to fix standard rent under Section 8(1)(a)?

Insufficient evidence to ascertain the rent at which the premises were let.

When may the Court fix standard rent under Section 8(1)(b)?

Where the premises were let at one time as a whole and at another time in parts, or vice versa, or for any other reason.

When may the Court fix standard rent under Section 8(1)(c)?

Where the premises have been or are let rent-free, at a nominal rent, or for consideration in addition to rent.

What types of letting are covered under Section 8(1)(c)?

Rent-free letting, letting at a nominal rent, or letting for consideration in addition to rent.

When may the Court fix standard rent under Section 8(1)(d)?

When there is a dispute between the landlord and the tenant regarding the amount of standard rent.

Who may determine the amount of permitted increase under Section 8(2)?

The Court.

When may the Court determine the amount of permitted increase?

When there is a dispute between the landlord and the tenant regarding the amount of permitted increase.

What must the Court specify forthwith when a tenant applies for fixation of standard rent or determination of permitted increase?

The amount of rent or permitted increase to be deposited in Court by the tenant.

What order may the Court pass under Section 8(3)(a)?

An order directing the tenant to deposit the specified amount in Court.

What option may be given to the tenant under Section 8(3)(a)?

To pay to the landlord such amount as the Court may specify pending final decision of the application.

Upon whom must a copy of the order under Section 8(3)(a) be served?

The landlord.

What may the Court do with the amount deposited under Section 8(3)(a)?

Order payment of a reasonable sum to the landlord towards rent or permitted increases due.

For what purpose may the Court release money to the landlord under Section 8(3)(b)?

Towards payment of rent or increases due to him.

What is the consequence of failure to deposit or pay the amount ordered under Section 8(3)(a)?

The tenant's application shall be dismissed.

At what stage may the Court exercise powers under Section 8(4)(a)?

At any stage of a suit for recovery of rent, with or without a claim for possession.

When may the Court direct deposit of rent under Section 8(4)(a)?

When it is satisfied that the rent is excessive and standard rent should be fixed.

In what other circumstance may the Court pass an order under Section 8(4)(a)?

When it appears just and proper to make such an order.

What amount may the Court direct the tenant to deposit under Section 8(4)(a)?

Such amount of rent as the Court considers reasonable due to the landlord.

What alternative may the Court provide under Section 8(4)(a)?

Payment to the landlord of such amount as the Court may specify.

What further order may the Court make under Section 8(4)(b)?

Direct periodic deposit of such amount as it considers proper as interim standard rent.

What is meant by interim standard rent under Section 8(4)(b)?

The amount directed to be periodically deposited during pendency of the suit.

What alternative to periodic deposit may be granted under Section 8(4)(b)?

Periodic payment to the landlord of such amount as the Court may specify.

For what period is interim standard rent payable under Section 8(4)(b)?

During the pendency of the suit.

What consequence may follow from non-compliance with an order under Section 8(4)?

The tenant may be denied the right to appear in or defend the suit.

Under what condition may a defaulting tenant defend the suit?

With leave of the Court.

On what basis may leave to defend be granted under Section 8(4)(c)?

Subject to such terms and conditions as the Court may specify.

Does an appeal lie from an order passed under Section 8(3)?

No appeal lies from an order under Section 8(3).

Does an appeal lie from an order passed under Section 8(4)?

No appeal lies from an order under Section 8(4).

Who may jointly make an application under Section 8?

All or any of the tenants interested in the premises.

What is the condition for a joint application under Section 8(6)?

The premises must be situated in the same building.

Can only some of the interested tenants make a joint application under Section 8(6)?

Any of the tenants interested in premises situated in the same building may jointly apply.

What is the subject matter of Section 9 of the Maharashtra Rent Control Act, 1999?

No application for standard rent in certain circumstances.

When is a Court barred from fixing standard rent under Section 8?

When the standard rent or permitted increase of the same premises has already been duly fixed by a competent Court on the merits of the case.

When is a Court barred from entertaining a plea that rent or increases are excessive?

When the standard rent or permitted increase has already been duly fixed by a competent Court on the merits of the case.

What is the first condition for the bar under Section 9 to apply?

The standard rent or permitted increase must have been duly fixed by a competent Court.

On what basis must the earlier fixation have been made for Section 9 to apply?

On the merits of the case.

What vitiating factors must be absent for the bar under Section 9 to operate?

Fraud, collusion and error of fact.

What structural condition must exist for the bar under Section 9 to apply?

There must be no structural alterations in the premises after fixation.

What amenity-related condition must exist for the bar under Section 9 to apply?

There must be no change in the amenities after fixation.

What other condition relating to fixation factors must exist for Section 9 to apply?

There must be no change in any factor relevant to fixation of standard rent or permitted increases.

What is the effect of a subsequent change in relevant factors affecting standard rent?

The bar under Section 9 does not apply.

What is the subject matter of Section 10 of the Maharashtra Rent Control Act, 1999?

Rent in excess of standard rent illegal.

To which provision is Section 10(1) subject?

Section 6.

What is the general rule under Section 10(1) regarding rent recoverable by a landlord?

No increase above the standard rent and permitted increases may be claimed or received.

When may a landlord lawfully recover an increase above standard rent and permitted increases?

When entitled to recover such increase under a repealed Act before commencement of the Act or under the provisions of this Act.

What is the source of entitlement for recovering increases above standard rent before commencement of the Act?

The provisions of any repealed Act.

What is the source of entitlement for recovering increases above standard rent after commencement of the Act?

The provisions of this Act.

What constitutes an offence under Section 10(2)?

Contravention of Section 10(1).

What is the maximum term of imprisonment under Section 10(2)?

Imprisonment not exceeding three months.

What is the maximum fine under Section 10(2)?

Fine not exceeding five thousand rupees.

What is the punishment for contravention of Section 10(1)?

Imprisonment up to three months or fine up to five thousand rupees or both.

When can punishment under Section 10(2) be imposed?

Upon conviction.

What is the subject matter of Section 11 of the Maharashtra Rent Control Act, 1999?

Increase in rent annually and on account of improvement, special additions, special alterations, amenities and special or heavy repairs.

What annual increase in rent is a landlord entitled to after commencement of the Act?

An increase of 4 per cent per annum.

To which premises does the annual increase under Section 11(1) apply?

Premises let for any purpose referred to in Section 2(1).

From which date is the one-year period for annual increase computed?

From the date of commencement of the Act.

What increase may a landlord claim for improvements or structural alterations under Section 11(2)?

Such reasonable increase in rent as may be justified by the improvement or structural alteration.

What condition must be fulfilled before claiming increase under Section 11(2)?

Written consent of seventy per cent of the tenants.

What percentage of tenants must consent to improvements or structural alterations under Section 11(2)?

Seventy per cent of the tenants.

In what form must consent under Section 11(2) be given?

In writing.

Do improvements and alterations under Section 11(2) include repairs under Section 14(1)?

No, repairs which the landlord is bound to make under Section 14(1) are excluded.

What additional right is conferred on the landlord under Section 11(3)(a)?

To increase rent by an addition to rent for special additions, alterations, amenities, improvements or structural alterations.

In what manner is the increase under Section 11(3)(a) recoverable?

In the prescribed manner.

What is the maximum increase permissible under Section 11(3)(a)?

Not exceeding fifteen per cent per annum of the expenses incurred.

On what basis is the increase under Section 11(3)(a) calculated?

On the expenses incurred for the specified work.

For which works may increase be claimed under Section 11(3)(a)?

Special additions, special alterations, additional amenities, improvements or structural alterations.

To which improvements or structural alterations does Section 11(3)(a) apply?

Improvements or structural alterations made under Section 11(2) after commencement of the Act.

What is meant by “expenses incurred” under the Explanation to Section 11(3)(a)?

The total cost certified by the municipal authority or a notified panel architect.

Who may certify the expenses incurred under Section 11(3)(a)?

The municipal authority or an architect from a panel notified by the State Government.

What must a landlord obtain before making an increase under Section 11(3)(a)?

A certificate from the municipal authority.

What must the certificate under Section 11(3)(b) certify?

That the landlord was required to make the additions, alterations, improvements or amenities and completed them in conformity with its requirements.

What remedy is available if the landlord fails to execute work required by the municipal authority?

The interested tenant or tenants may seek approval to execute the work themselves.

From whom must tenants obtain approval to execute the work under Section 11(3)(c)?

The municipal authority.

When shall the municipal authority grant approval to the tenants?

Unless other measures are taken by it to execute the work.

What must the municipal authority specify while granting approval under Section 11(3)(c)?

The nature of the work.

What right accrues to tenants upon obtaining approval under Section 11(3)(c)?

The right to execute the specified work.

What is the effect of expenses incurred by tenants for approved work?

Such expenses are binding on the landlord for all purposes.

How may tenants recover expenses incurred for approved work?

By deducting them from rent due to the landlord or otherwise recovering them from him.

How is the share of each tenant determined when work is jointly executed by tenants?

In proportion to the rent payable by each tenant.

What is the basis for apportioning recovery among tenants jointly executing the work?

The ratio of each tenant's rent to the total expenses incurred.

What is the maximum amount that may be deducted or recovered by tenants under Section 11(3)(c)?

The amount of expenses actually incurred for the work.

Who is included within the expression “municipal authority” in the case of a Municipal Corporation?

The Municipal Commissioner or an officer authorised by him.

Who is included within the expression “municipal authority” in the case of a Municipal Council?

The Chief Officer of the Council.

Who is included within the expression “municipal authority” in the case of a Cantonment?

The Executive Officer of the Cantonment.

What is meant by “expenses incurred for such work” under the Explanation to Section 11(3)?

The total cost certified by the municipal authority or a notified panel architect.

What is the subject matter of Section 11(3)(d)?

Increase in rent by the landlord after recovery of expenses incurred by tenants for approved work.

To which work does Section 11(3)(d) apply?

Work executed by tenants under Section 11(3)(c).

When does the landlord become entitled to the increase under Section 11(3)(a) in respect of work executed by tenants?

After the total expenses incurred for such work have been deducted or recovered by the tenant or tenants.

What condition must be satisfied before the landlord can claim the increase under Section 11(3)(a) for work executed by tenants?

The total amount of expenses incurred must have been deducted or recovered in accordance with the provisos to Section 11(3)(c).

Which increase becomes available to the landlord under Section 11(3)(d)?

The increase permitted under Section 11(3)(a).

From when is the increase under Section 11(3)(d) payable?

From the month following the month in which the total expenses are deducted or recovered.

How is the commencement of the landlord's right to increased rent under Section 11(3)(d) determined?

By the month in which the total expenses incurred by the tenants are fully deducted or recovered.

Can the landlord claim the increase under Section 11(3)(a) before the tenants recover the total expenses incurred by them?

The increase becomes payable only after the total expenses have been deducted or recovered.

What is the subject matter of Section 11(4)?

Temporary increase in rent on account of special or structural repairs.

What right is conferred on the landlord under Section 11(4)(a)?

To make a temporary increase in rent for special or structural repairs carried out by him.

For what purpose may a landlord make a temporary increase in rent under Section 11(4)(a)?

For special or structural repairs made in accordance with Section 11(4).

In what manner is the increase under Section 11(4)(a) recoverable?

By an addition to the rent in the prescribed manner.

What is the maximum temporary increase permissible under Section 11(4)(a)?

Twenty-five per cent of the standard rent.

On what basis is the ceiling under Section 11(4)(a) calculated?

The standard rent.

From when is the increase under Section 11(4)(a) payable?

From the date of completion of the repairs.

Until when is the temporary increase under Section 11(4)(a) payable?

Until the expenditure incurred for such repairs is recovered from the tenant.

To what repairs does Section 11(4) not apply?

Structural repairs carried out by the Mumbai Repairs and Reconstruction Board under Chapter VIII of the Maharashtra Housing and Area Development Act, 1976.

Which Board's repairs are excluded from Section 11(4)?

The Mumbai Repairs and Reconstruction Board.

Under which Chapter of the Maharashtra Housing and Area Development Act, 1976 are the excluded repairs carried out?

Chapter VIII.

What must the landlord obtain before making an increase under Section 11(4)(a)?

A declaration from the prescribed authority or a certificate from a notified panel architect.

In what manner and form must the declaration or certificate be obtained?

In the prescribed manner and prescribed form.

Who may issue the declaration required under Section 11(4)(b)?

The prescribed authority.

Who may issue the certificate required under Section 11(4)(b)?

An architect from a panel notified by the State Government.

What must the declaration or certificate state before repairs are undertaken?

That the repairs are necessary and specify their nature, extent and estimated cost.

What particulars regarding repairs must be specified in the declaration or certificate?

The nature, extent and estimated cost of the repairs.

What must the landlord obtain after the repairs are completed?

A certificate from the prescribed authority or notified architect.

What must the post-repair certificate confirm under Section 11(4)(b)?

That the repairs were carried out in accordance with the declaration or certificate.

What must the post-repair certificate fix in addition to confirming completion?

The date of completion of repairs and the actual expenses incurred.

Who may issue the post-repair certificate under Section 11(4)(b)?

The prescribed authority or the notified panel architect.

From whom is the increase under Section 11(4)(a) recoverable?

All tenants occupying premises in the building.

On what basis is the increase under Section 11(4)(c) recoverable from tenants?

The actual expenses incurred as specified in the certificate.

Which certificate forms the basis for determining actual expenses under Section 11(4)(c)?

A certificate from the municipal authority or the architect.

How is the share of each tenant determined under Section 11(4)(c)?

In proportion to the rent payable by the tenant.

What is the formula for apportionment of repair expenses under Section 11(4)(c)?

The tenant's rent bears the same proportion to total actual expenses as his share of the recoverable increase.

What is the subject matter of Section 12 of the Maharashtra Rent Control Act, 1999?

Increase in rent on account of payment of rate, etc.

When is a landlord entitled to increase rent under Section 12(1)?

When he is required to pay any fresh rate, cess, charges, tax, land assessment, ground rent or other levy on lands and buildings in respect of the premises.

To whom may the fresh levy be payable for the purpose of Section 12(1)?

The Government, a local authority or a statutory authority.

What types of fresh impositions entitle a landlord to increase rent under Section 12(1)?

Fresh rate, cess, charges, tax, land assessment, ground rent of land or any other levy on lands and buildings.

Does Section 12(1) operate notwithstanding other provisions of the Act?

The landlord's right under Section 12(1) operates notwithstanding anything contained in any other provision of the Act.

To what limitation is the right under Section 12(1) subject?

Any contrary express provision in any other law for the time being in force.

What is the maximum increase permissible under Section 12(1)?

An amount not exceeding the fresh rate, cess, charges, tax, land assessment, ground rent or other levy paid by the landlord.

Can the increase under Section 12(1) exceed the amount of the fresh levy?

No, it cannot exceed the amount of the levy.

When is a landlord entitled to increase rent under Section 12(2)?

When rent includes electricity and water charges and the landlord is required to pay an increase in those charges.

What is the prerequisite for invoking Section 12(2)?

The rent must be inclusive of electricity and water charges.

What is the maximum increase permissible under Section 12(2)?

An amount not exceeding the additional amount payable by the landlord due to the increase in electricity or water charges.

On what basis is the increase under Section 12(2) calculated?

The additional amount payable by the landlord on account of increased electricity or water charges.

How is the increase recoverable from each tenant under Section 12(3)?

In proportion to the rent payable by the tenant.

What is the basis for apportionment of increases under Section 12(3)?

The ratio of the tenant's rent to the total amount of the levy or increase in utility charges.

Does Section 12(3) apply to increases under both sub-sections (1) and (2)?

Yes, it governs recovery of increases under both sub-sections.

How is each tenant's share of a fresh rate, cess, tax or levy determined under Section 12(3)?

In the same proportion as the rent payable by him bears to the total amount of such levy.

How is each tenant's share of increased electricity or water charges determined under Section 12(3)?

In the same proportion as the rent payable by him bears to the total increase in such charges.

What is the subject matter of Section 13 of the Maharashtra Rent Control Act, 1999?

Certain increase in rent excepted.

How are increases under Sections 11 and 12 treated for the purposes of Section 10?

They shall not be deemed to be increases for the purpose of Section 10.

Which increases are protected from being treated as illegal increases under Section 10?

Increases in rent under Sections 11 and 12.

What is the subject matter of Section 14 of the Maharashtra Rent Control Act, 1999?

Landlords’ duty to keep premises in good repair.

What is the duty of every landlord under Section 14(1)?

To keep the premises in good and tenantable repair.

When does the duty under Section 14(1) arise?

In the absence of an agreement to the contrary by the tenant.

Does Section 14(1) operate notwithstanding other laws?

The landlord's duty applies notwithstanding anything contained in any law for the time being in force.

What condition must be fulfilled before tenants can undertake repairs themselves under Section 14(2)?

The landlord must neglect to make repairs he is bound to make under Section 14(1).

What notice must be given before tenants can undertake repairs under Section 14(2)?

A notice of fifteen days.

Who may serve the notice under Section 14(2)?

A tenant or tenants jointly interested in such repairs.

How may the notice under Section 14(2) be served?

By post or in any other manner.

Within what period must the landlord act after service of notice under Section 14(2)?

Within a reasonable time after service of the fifteen days' notice.

What right accrues to tenants if the landlord neglects repairs after notice?

They may themselves carry out the repairs.

How may tenants recover expenses incurred on repairs under Section 14(2)?

By deducting the expenses from rent or otherwise recovering them from the landlord.

How is the amount recoverable by each tenant determined when repairs are jointly carried out?

In proportion to the rent payable by each tenant.

What additional amount may a tenant recover along with repair expenses under the first proviso to Section 14(2)?

Simple interest at fifteen per cent per annum.

What is the rate of interest recoverable on repair expenses under Section 14(2)?

Fifteen per cent per annum simple interest.

What is the basis for apportioning repair expenses among tenants jointly executing repairs?

The ratio of each tenant's rent to the total repair expenses.

What is the maximum amount that may be deducted or recovered by a tenant in any year under Section 14(2)?

One-fourth of the rent payable by the tenant for that year.

What limitation is imposed by the second proviso to Section 14(2)?

Deduction or recovery in any year shall not exceed one-fourth of the annual rent payable by the tenant.

What constitutes conclusive evidence of repair expenditure under Section 14(3)?

The accounts together with vouchers maintained by the tenants.

Upon whom are the accounts and vouchers maintained by tenants binding under Section 14(3)?

The landlord.

For what purpose are the accounts and vouchers maintained by tenants treated as conclusive evidence?

For calculating the expenses of repairs made under Section 14(2).

CHAPTER III

RELIEF AGAINST FORFEITURE

What is the subject matter of Section 15 of the Maharashtra Rent Control Act, 1999?

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

When is a landlord not entitled to recover possession of any premises under Section 15(1)?

So long as the tenant pays or is ready and willing to pay the standard rent and permitted increases and performs the conditions of tenancy consistent with the Act.

What amounts must a tenant pay or be ready and willing to pay to obtain protection under Section 15(1)?

Standard rent and permitted increases.

What additional obligation must a tenant fulfil to obtain protection under Section 15(1)?

Observe and perform the other conditions of the tenancy consistent with the Act.

Which tenancy conditions must be observed by the tenant under Section 15(1)?

Conditions of tenancy insofar as they are consistent with the provisions of the Act.

When can a landlord institute a suit for recovery of possession on the ground of non-payment of standard rent or permitted increases?

After expiration of ninety days from service of a written demand notice.

What is the minimum waiting period before instituting a suit under Section 15(2)?

Ninety days after service of the demand notice.

What must the notice under Section 15(2) demand?

Standard rent or permitted increases due.

In what form must the demand be made under Section 15(2)?

In writing.

How must the notice under Section 15(2) be served?

In the manner provided in Section 106 of the Transfer of Property Act, 1882.

Which provision governs service of notice under Section 15(2)?

Section 106 of the Transfer of Property Act, 1882.

When is a tenant protected from a decree for eviction on the ground of arrears under Section 15(3)?

When he complies with the requirements specified in Section 15(3).

Within what period must the tenant pay or tender the arrears under Section 15(3)?

Within ninety days from the date of service of the summons of the suit.

What amounts must the tenant pay or tender within ninety days under Section 15(3)?

Standard rent and permitted increases then due together with interest on arrears.

What is the rate of interest payable on arrears under Section 15(3)?

Simple interest at fifteen per cent per annum.

From which date is the ninety-day period under Section 15(3) computed?

From the date of service of the summons of the suit.

What must the tenant do after payment of arrears to continue protection under Section 15(3)?

Continue to pay or tender regularly the standard rent and permitted increases until final decision of the suit.

Until when must the tenant continue regular payment under Section 15(3)?

Till the suit is finally decided.

What additional payment must the tenant make under Section 15(3) besides rent, increases and interest?

Costs of the suit as directed by the Court.

Who determines the costs payable by the tenant under Section 15(3)?

The Court.

What is the effect of compliance with Section 15(3)?

No decree for eviction shall be passed on the ground of arrears of standard rent and permitted increases.

What power does the Court have pending disposal of the suit under Section 15(4)?

To pay to the landlord such amount out of sums paid or tendered by the tenant as it thinks fit.

From what source may the Court make payment to the landlord under Section 15(4)?

Amounts paid or tendered by the tenant.

For what purpose may the Court release money to the landlord under Section 15(4)?

Towards payment of rent or permitted increases due to him.

CHAPTER IV

RECOVERY OF POSSESSION

What is the subject matter of Section 16 of the Maharashtra Rent Control Act, 1999?

Grounds on which a landlord may recover possession.

To which provision is the landlord's right to recover possession under Section 16(1) subject?

Section 25.

When may a landlord recover possession under Section 16(1)?

When the Court is satisfied of any of the grounds specified in clauses (a) to (n).

When may a landlord recover possession under Section 16(1)(a)?

When the tenant has committed an act contrary to clause (o) of Section 108 of the Transfer of Property Act, 1882.

What acts are not regarded as causing damage or permanent injury under Section 16(1)(a)?

Replacing tiles or closing the balcony of the premises.

When may a landlord recover possession under Section 16(1)(b)?

When the tenant has erected a permanent structure without the landlord's written consent.

What type of consent is required to erect a permanent structure under Section 16(1)(b)?

Written consent of the landlord.

What is excluded from the expression “permanent structure” under Section 16(1)(b)?

Specified works carried out with necessary permission of the municipal authority.

Is a wooden partition a permanent structure under Section 16(1)(b)?

A wooden partition is excluded from the expression “permanent structure”.

Is a standing cooking platform in a kitchen a permanent structure under Section 16(1)(b)?

A standing cooking platform in a kitchen is excluded from the expression “permanent structure”.

Is a door a permanent structure under Section 16(1)(b)?

A door is excluded from the expression “permanent structure”.

Is lattice work for opening a window necessary for ventilation a permanent structure under Section 16(1)(b)?

Such lattice work is excluded from the expression “permanent structure”.

Is a false ceiling a permanent structure under Section 16(1)(b)?

A false ceiling is excluded from the expression “permanent structure”.

Is installation of an air-conditioner a permanent structure under Section 16(1)(b)?

Installation of an air-conditioner is excluded from the expression “permanent structure”.

Is an exhaust outlet a permanent structure under Section 16(1)(b)?

An exhaust outlet is excluded from the expression “permanent structure”.

Is a smoke chimney a permanent structure under Section 16(1)(b)?

A smoke chimney is excluded from the expression “permanent structure”.

When may a landlord recover possession under Section 16(1)(c) on the ground of nuisance or annoyance?

When the tenant, his agent, servant, persons inducted by him, persons claiming under him or persons residing with him are guilty of nuisance or annoyance to adjoining or neighbouring occupiers.

Whose conduct may constitute nuisance or annoyance under Section 16(1)(c)?

The tenant, his agent, servant, inducted persons, persons claiming under him or persons residing with him.

When may a landlord recover possession under Section 16(1)(c) on the ground of immoral or illegal use?

When the tenant has been convicted of using or allowing the premises to be used for immoral or illegal purposes.

What municipal law convictions constitute a ground for eviction under Section 16(1)(c)?

Convictions under the specified provisions of the Mumbai Municipal Corporation Act, Bombay Provincial Municipal Corporations Act, City of Nagpur Municipal Corporation Act, or Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act.

When may a landlord recover possession under Section 16(1)(d)?

When the tenant has given notice to quit and the landlord would be seriously prejudiced if possession is not obtained.

What must the landlord have done in consequence of the tenant's notice to quit under Section 16(1)(d)?

Contracted to sell or let the premises or taken other steps.

What is the test under Section 16(1)(d)?

The Court must be of the opinion that the landlord would be seriously prejudiced if possession is not obtained.

When does unlawful sub-letting constitute a ground for eviction in areas governed by the Bombay Rent Act, 1947?

When it occurs on or after 1st February 1973.

When does unlawful sub-letting constitute a ground for eviction in Vidarbha and Marathwada?

When it occurs on or after the commencement of this Act.

What acts constitute a ground for eviction under Section 16(1)(e)?

Unlawful sub-letting, giving on licence, assignment or transfer of interest in the premises.

Can unlawful licensing of the whole or part of the premises constitute a ground for eviction under Section 16(1)(e)?

Yes.

Can unlawful assignment or transfer of interest constitute a ground for eviction under Section 16(1)(e)?

Yes.

When may a landlord recover possession under Section 16(1)(f)?

When premises let for residence due to employment have ceased to be occupied by a person in the landlord's service or employment.

What must be the reason for letting the premises under Section 16(1)(f)?

The tenant's service or employment under the landlord.

Does Section 16(1)(f) apply whether cessation of service occurred before or after commencement of the Act?

Yes.

When may a landlord recover possession under Section 16(1)(g)?

When the premises are reasonably and bona fide required for occupation by the landlord or a beneficiary of the premises.

For whose occupation may premises be required under Section 16(1)(g)?

The landlord or any person for whose benefit the premises are held.

When may a trustee of a public charitable trust seek possession under Section 16(1)(g)?

When the premises are required for occupation for the purposes of the trust.

What degree of requirement is necessary under Section 16(1)(g)?

Reasonable and bona fide requirement.

When may a landlord recover possession under Section 16(1)(h)?

When the premises are reasonably and bona fide required for repairs that cannot be carried out without vacating the premises.

What condition regarding repairs must be satisfied under Section 16(1)(h)?

The repairs cannot be carried out without the premises being vacated.

When may a landlord recover possession under Section 16(1)(i)?

When the premises are reasonably and bona fide required for immediate demolition and erection of a new building.

What must be the purpose of demolition under Section 16(1)(i)?

Erection of a new building on the premises sought to be demolished.

When may a landlord recover possession under Section 16(1)(j)?

When terrace tenements are required for demolition and erection or raising of a floor or floors on the terrace.

What type of premises are covered by Section 16(1)(j)?

Tenement or tenements situated on the terrace and forming only part of the terrace area.

What must be the landlord's purpose under Section 16(1)(j)?

Demolition of the premises and erection or raising of a floor or floors on the terrace.

Does Section 16(1)(j) apply where the tenancy includes the terrace or part thereof?

Yes.

Does Section 16(1)(j) apply where the tenancy includes garages, servants' quarters or out-houses not situated on the terrace?

Yes.

When may a landlord recover possession under Section 16(1)(k)?

When the premises are required for immediate demolition ordered by a municipal authority or other competent authority.

Who may order demolition for the purpose of Section 16(1)(k)?

A municipal authority or other competent authority.

When may a landlord recover possession under Section 16(1)(l)?

When appurtenant garden or grounds are required for erecting a new building approved or permitted by a municipal authority.

What type of land is covered by Section 16(1)(l)?

Garden or grounds appurtenant to a building or part of a building.

What approval is necessary under Section 16(1)(l)?

Approval or permission of the municipal authority for the new building.

When may a landlord recover possession under Section 16(1)(m)?

When the tenant charges excessive rent for sub-let premises or receives a fine, premium or similar consideration.

What comparison determines excessive rent under Section 16(1)(m)?

Comparison with the standard rent and permitted increases.

What additional consideration received by a tenant constitutes a ground under Section 16(1)(m)?

Any fine, premium or other like sum in respect of the premises or part thereof.

When may a landlord recover possession under Section 16(1)(n)?

When the premises have not been used for the purpose for which they were let for a continuous period of six months immediately preceding the suit.

What period of non-user constitutes a ground for eviction under Section 16(1)(n)?

A continuous period of six months immediately preceding the date of the suit.

What exception is recognized under Section 16(1)(n)?

Reasonable cause for non-user.

What must the Court consider before passing a decree for eviction under Section 16(1)(g)?

Whether greater hardship would be caused by passing the decree than by refusing it.

When shall no decree for eviction be passed under Section 16(1)(g)?

When greater hardship would be caused by passing the decree than by refusing it.

What factors must the Court consider while determining hardship under Section 16(2)?

All circumstances of the case, including availability of other reasonable accommodation to the landlord or tenant.

Can availability of other reasonable accommodation be considered under Section 16(2)?

Yes.

When may the Court pass a partial decree under Section 16(2)?

When no hardship would be caused to either party by passing a decree in respect of part of the premises.

What must the Court do if eviction from part of the premises causes no hardship to either party?

Pass a decree only in respect of that part.

Who is excluded from the expression “landlord” for the purposes of Section 16(1)(g)?

A rent-farmer, rent-collector or estate-manager.

Does the expression “landlord” under Section 16(1)(g) include a rent-farmer?

No.

Does the expression “landlord” under Section 16(1)(g) include a rent-collector?

No.

Does the expression “landlord” under Section 16(1)(g) include an estate-manager?

No.

When is a landlord not entitled to recover possession under Section 16(1)(g) by reason of Section 16(3)?

When the premises are let to the Central Government in a cantonment area for residence of members of the armed forces or their families.

What type of premises are protected under Section 16(3)?

Premises let to the Central Government in a cantonment area and used for residence of members of the armed forces or their families.

Can possession be recovered under Section 16(1)(g) if the premises are used by members of the armed forces of the Union or their families?

No.

When may the Court pass a decree under Section 16(4)?

Only in respect of the part of the premises necessary to be vacated for repairs or erection.

To which grounds does Section 16(4) apply?

Clauses (h) and (i) of Section 16(1).

Can the Court restrict eviction to part of the premises under clauses (h) and (i)?

Yes.

Is assignment of an eviction decree obtained under clauses (g), (h), (i) or (j) lawful?

No.

Which eviction decrees cannot be assigned under Section 16(5)?

Decrees obtained under clauses (g), (h), (i) and (j) of Section 16(1).

What is the effect of Section 16(5) notwithstanding other laws?

Assignment of specified eviction decrees is unlawful.

When can a decree for eviction be passed under Section 16(1)(i) or (j)?

Only when the Court is satisfied of the conditions specified in Section 16(6).

What must the Court be satisfied about regarding funds under Section 16(6)(a)?

Necessary funds for the new building or new floors are available with the landlord.

What must the Court be satisfied about regarding plans and estimates under Section 16(6)(b)?

They have been properly prepared.

What minimum requirement must the new building satisfy under Section 16(6)(c)?

It must contain residential tenements not less than the number of existing tenements proposed to be demolished.

To what are the requirements under Section 16(6)(c) subject?

Rules, bye-laws or regulations made by the municipal authority.

What undertaking regarding carpet area must the landlord give under Section 16(6)(d)(i)?

Each tenant will be provided premises with equivalent carpet area subject to a variation of five per cent.

What is the permissible variation in carpet area under Section 16(6)(d)(i)?

Five per cent.

What undertaking must the landlord give under Section 16(6)(d)(ii)?

That such premises will be offered to the concerned tenant in the reconstructed building or floors.

What must the landlord obtain if the new premises have a larger carpet area than required under Section 16(6)(d)(iii)?

Written consent of the tenant.

What happens if the tenant refuses consent for a larger carpet area under Section 16(6)(d)(iii)?

The landlord may put the additional floor area to any permissible use.

Within what period must demolition commence under Section 16(6)(d)(iv)?

Within one month from recovery of possession of the entire premises.

Within what period must demolition be completed under Section 16(6)(d)(iv)?

Within three months from recovery of possession of the entire premises.

Within what period must erection of the new building or floors be completed under Section 16(6)(d)(v)?

Within fifteen months from recovery of possession of the entire premises.

When may the Court extend the periods specified in Section 16(6)(d)?

When delay is due to reasons beyond the landlord's control.

What is the maximum period for each extension under the proviso to Section 16(6)?

Three months at a time.

What is the maximum aggregate extension permissible under the proviso to Section 16(6)?

Twelve months.

Must the Court record reasons while granting extension under the proviso to Section 16(6)?

Yes.

What is the effect of transfer of premises recovered under clauses (g), (h), (i) or (j) before tenants are re-occupied?

The transfer is subject to the rights and interests of the tenants.

To which grounds does Section 16(7) apply?

Clauses (g), (h), (i) and (j) of Section 16(1).

How is standard rent of a sub-let part determined for Section 16(1)(m)?

In such reasonable proportion to the standard rent of the whole premises as the circumstances justify.

What factors are relevant for determining standard rent of the sub-let part under Section 16(8)?

Extent of the part sub-let and other relevant considerations.

How is permitted increase of a sub-let part determined under Section 16(8)?

In such reasonable proportion to the permitted increase of the whole premises as may be appropriate.

What premises are covered by Section 16(9)(i)?

The terrace or part thereof.

What structures are covered by Section 16(9)(ii)?

Tower-rooms, sitting-out-rooms, ornamental structures, architectural features, landings, attics or rooms on the terrace.

What is the area limit for rooms covered under Section 16(9)(ii)?

Not more than one-sixth of the total area of the terrace in aggregate.

When may a landlord recover possession under Section 16(9)?

When the terrace or terrace structures are required for demolition and erection or raising of floor or floors.

Can possession of terrace structures be recovered under Section 16(9)?

Yes.

What power does the Court have regarding rent under Section 16(9)?

It may make such reduction in rent as it deems just.

On which grounds may a landlord file a joint eviction suit against all tenants occupying premises sought to be demolished?

Grounds under clauses (h), (i), (j) and (k) of Section 16(1).

Can a landlord jointly sue all tenants occupying premises sought to be demolished?

Yes.

What is the subject matter of Section 17 of the Maharashtra Rent Control Act, 1999?

Recovery of possession for repairs and re-entry.

When does Section 17 apply?

When a decree for eviction is passed on the ground specified in Section 16(1)(h).

What must the Court ascertain while passing a decree under Section 16(1)(h)?

Whether the tenant elects to be re-occupied in the premises after repairs.

What must the Court do if the tenant elects re-entry under Section 17(1)?

Record the election in the decree.

What must the decree specify if the tenant elects re-entry?

The date on or before which the tenant shall deliver possession.

Why must the decree specify a date for delivery of possession under Section 17(1)?

To enable the landlord to commence the work of repairs.

What is the landlord required to do if the tenant delivers possession on or before the specified date?

Give notice to the tenant two months before the likely completion of repairs.

When must the landlord give notice of completion of repairs under Section 17(2)?

Two months before the date on which the repairs are likely to be completed.

What must the landlord's notice under Section 17(2) specify?

The date on which the repairs will be completed.

Within what period must the tenant respond after receiving notice under Section 17(2)?

Within thirty days from receipt of the notice.

What must the tenant do within thirty days of receipt of notice under Section 17(2)?

Intimate acceptance of the accommodation and deposit one month's rent.

How much rent must the tenant deposit under Section 17(2)?

Rent for one month.

What is the consequence if the tenant intimates acceptance and deposits one month's rent?

The landlord must restore possession after completion of repairs.

On what terms must the tenant be restored to possession under Section 17(2)?

On the terms and conditions existing on the date of the eviction decree.

What is the consequence if the tenant fails to intimate acceptance within thirty days?

His right to occupy the premises shall terminate.

What is the consequence if the tenant fails to deposit one month's rent under Section 17(2)?

His right to occupy the premises shall terminate.

When may the tenant apply to the Court under Section 17(3)?

When the landlord fails to commence repairs, complete repairs, or restore possession.

Within what time must repairs be commenced by the landlord after possession is delivered?

Within one month of the specified date.

What is the consequence if the landlord fails to commence repairs within one month?

The tenant may seek an order for re-entry under Section 17(3).

What is the consequence if the landlord fails to complete repairs within a reasonable time?

The tenant may apply for restoration of possession.

What is the consequence if the landlord completes repairs but fails to restore possession?

The tenant may apply to the Court under Section 17(3).

Within what period must the tenant apply under Section 17(3)?

Within one year of the specified date.

What order may the Court pass under Section 17(3)?

An order directing the landlord to place the tenant in occupation of the premises.

On what terms is the tenant entitled to re-occupation under Section 17(3)?

On the terms and conditions existing on the date of the eviction decree.

Who must deliver vacant possession upon an order under Section 17(3)?

The landlord and any person occupying the premises.

What offence is created under Section 17(4)?

Failure without reasonable excuse to commence repairs after the tenant vacates.

Who is liable under Section 17(4) for failure to commence repairs?

The landlord.

Who is liable under Section 17(4) for non-compliance with the Court's order under Section 17(3)?

The landlord or any other person in occupation of the premises.

What is the maximum imprisonment under Section 17(4)?

Three months.

What is the maximum fine under Section 17(4)?

One thousand rupees.

What is the punishment for contravention under Section 17(4)?

Imprisonment up to three months or fine up to one thousand rupees or both.

When can punishment under Section 17(4) be imposed?

Upon conviction.

What is the subject matter of Section 18 of the Maharashtra Rent Control Act, 1999?

Recovery of possession for occupation and re-entry.

To which ground of eviction does Section 18 apply?

Eviction on the ground specified in Section 16(1)(g).

When may the original tenant seek re-entry under Section 18(1)?

When the premises are not occupied within one month after the landlord recovers possession.

Can the original tenant seek re-entry if the premises are re-let within one year?

Yes, if they are re-let to a person other than the original tenant.

Within what period must the landlord occupy the premises after recovering possession?

Within one month.

To whom must the premises be re-let to avoid the operation of Section 18(1)?

The original tenant.

Within what period after recovery of possession does re-letting attract Section 18(1)?

Within one year.

Who may apply for re-entry under Section 18(1)?

The original tenant.

Within what period must the original tenant apply under Section 18(1)?

Within thirteen months from the date the landlord recovered possession.

What order may the Court pass on an application under Section 18(1)?

An order directing the landlord to place the original tenant in occupation of the premises.

On what terms must the original tenant be restored to possession under Section 18(1)?

On the terms and conditions existing on the date of the eviction decree.

Who must give vacant possession when an order under Section 18(1) is passed?

The landlord and any person occupying the premises.

What is the consequence if the landlord keeps the premises unoccupied without reasonable excuse after recovering possession under Section 16(1)(g)?

He commits an offence punishable under Section 18(2).

Who is liable under Section 18(2) for keeping the premises unoccupied without reasonable excuse?

The landlord.

Who is liable under Section 18(2) for failure to comply with a Court order under Section 18(1)?

The landlord or any other person in occupation of the premises.

What is the maximum term of imprisonment under Section 18(2)?

Three months.

What is the maximum fine under Section 18(2)?

Five thousand rupees.

What is the punishment prescribed under Section 18(2)?

Imprisonment up to three months or fine up to five thousand rupees or both.

When can punishment under Section 18(2) be imposed?

Upon conviction.

What is the subject matter of Section 19 of the Maharashtra Rent Control Act, 1999?

Recovery of possession for demolishing building.

To which grounds of eviction does Section 19 apply?

Grounds specified in Section 16(1)(i) and Section 16(1)(j).

When may a tenant invoke Section 19(1)?

When demolition work is not commenced within the period specified in Section 16(6)(d)(iv).

What must the tenant first do if demolition is not commenced within the prescribed period?

Give notice to the landlord of his intention to occupy the premises.

To whom must the notice under Section 19(1) be given?

The landlord.

What must the landlord do upon receiving notice under Section 19(1)?

Forthwith deliver vacant possession of the premises to the tenant.

On what terms must possession be restored under Section 19(1)?

On the same terms and conditions on which the tenant occupied the premises immediately before eviction.

When may the tenant apply to the Court under Section 19(1)?

If the landlord does not forthwith deliver vacant possession after receiving notice.

Within what period must the tenant apply to the Court under Section 19(1)?

Within six weeks from the date on which he delivered vacant possession to the landlord.

From which date is the six-week period under Section 19(1) calculated?

From the date the tenant delivered vacant possession of the premises to the landlord.

When shall the Court order restoration of possession under Section 19(2)?

When the landlord has not substantially commenced demolition within one month in accordance with his undertaking.

What must the Court be satisfied about before passing an order under Section 19(2)?

That the landlord has not substantially commenced demolition within one month as undertaken.

Within what period must demolition substantially commence according to the landlord's undertaking?

Within one month.

What order may the Court pass under Section 19(2)?

An order directing the landlord to deliver vacant possession to the tenant.

On what terms must possession be restored under Section 19(2)?

On the terms and conditions existing immediately before eviction.

What must the landlord do after an order under Section 19(2) is passed?

Forthwith deliver vacant possession to the tenant.

How is an order under Section 19(2) treated for procedural purposes?

It is deemed to be an order within the meaning of Section 2(14) of the Code of Civil Procedure, 1908.

Which undertakings referred to in Section 16(6)(d) are covered by Section 19(3)?

Undertakings in sub-clauses (i), (ii), (iii), (iv) and (v).

What is the consequence if the landlord fails without reasonable excuse to carry out the undertakings under Section 16(6)(d)?

He commits an offence under Section 19(3).

Does failure to comply with the Court's order under Section 19 attract penal liability?

Yes.

Is the landlord's criminal liability under Section 19(3) independent of execution proceedings?

Yes, it is without prejudice to liability in execution of the order under Section 19(2).

Who is liable under Section 19(3)?

A landlord who recovered possession under Section 16(1)(i) or (j) and fails to fulfil the prescribed undertakings or Court order.

What is the maximum term of imprisonment under Section 19(3)?

Thirty days.

What is the maximum fine under Section 19(3)?

Five thousand rupees.

What is the punishment prescribed under Section 19(3)?

Imprisonment up to thirty days or fine up to five thousand rupees or both.

When can punishment under Section 19(3) be imposed?

Upon conviction.

What is the subject matter of Section 20 of the Maharashtra Rent Control Act, 1999?

Tenants’ right to give notice to landlord of intention to occupy a tenement in the new building.

When does the right under Section 20 arise?

When a decree for eviction has been passed on the ground specified in Section 16(1)(i) and demolition and reconstruction have commenced.

On which ground of eviction must the decree have been passed for Section 20 to apply?

The ground specified in Section 16(1)(i).

What additional condition must be fulfilled before Section 20 can be invoked?

The work of demolition and erection of the new building must have commenced.

Is the right under Section 20 subject to Section 16(6)(d)(ii) and (iii)?

It is without prejudice to Section 16(6)(d)(ii) and (iii).

Within what period may the tenant give notice under Section 20?

Within six months from the date of delivery of vacant possession to the landlord.

From which date is the six-month period under Section 20 computed?

From the date on which the tenant delivered vacant possession of the premises to the landlord.

To whom must the notice under Section 20 be given?

The landlord.

What is the purpose of the notice under Section 20?

To express the tenant's intention to occupy a tenement in the new building upon completion.

What rent is the tenant required to pay for a tenement in the new building under Section 20(a)?

The standard rent in respect of the tenement.

What is the maximum rent payable by a tenant for a residential tenement under the proviso to Section 20(a)?

Not more than double the rate at which rent was paid for the former premises immediately before eviction.

With reference to which premises is the double-rate ceiling under Section 20(a) calculated?

The former premises occupied immediately before eviction.

Can a landlord charge more than double the previous rent for a residential tenement without a Court order?

No.

When may a landlord charge a higher rent than double the previous rate for a residential tenement?

When the Court fixes the standard rent at a higher rate.

What must the landlord obtain to charge rent above the double-rate ceiling?

An order of the Court fixing standard rent at a higher rate.

On what terms shall the tenant occupy the new tenement under Section 20(b)?

On the same terms and conditions as those applicable immediately before eviction.

What exception is made to the continuation of previous terms and conditions under Section 20(b)?

The exception relating to rent contained in Section 20(a).

What is the subject matter of Section 21 of the Maharashtra Rent Control Act, 1999?

Landlord to intimate date of completion and tenant’s right to occupy premises in new building.

When must the landlord intimate the tenant about completion of the new building or new floors?

Not less than three months before the likely date of completion.

What must the landlord intimate to the tenant under Section 21(1)?

The date on which the erection of the new building or new floors is likely to be completed.

What is the minimum notice period required under Section 21(1)?

Three months before the likely date of completion.

What right accrues to the tenant on the date intimated under Section 21(1)?

The right to occupy the premises assigned by the landlord.

Who assigns the premises to the tenant under Section 21(1)?

The landlord.

When does the tenant become entitled to occupy the assigned premises?

On the date intimated by the landlord as the date of completion.

What is the consequence if the tenant fails to occupy the premises within one month of becoming entitled to do so?

His right to occupy the premises shall terminate.

Within what period must the tenant occupy the premises after becoming entitled under Section 21(1)?

Within one month.

What happens to the tenant’s right under Section 21(1) if he fails to occupy the premises within one month?

The right shall terminate.

What amount may the landlord recover if the tenant fails to occupy the premises within one month?

A sum equal to three times the monthly standard rent of the premises.

How is the compensation payable by the tenant under Section 21(2)(a) calculated?

Three times the amount of the monthly standard rent.

When may the landlord recover three times the monthly standard rent from the tenant?

When the tenant fails to occupy the premises within one month of becoming entitled to do so.

What is the consequence if the landlord fails without reasonable excuse to comply with Section 21(1)?

He is liable to punishment under Section 21(2)(b).

What is the consequence if the landlord fails to place the tenant in occupation of the premises?

He is liable to punishment under Section 21(2)(b).

Does punishment under Section 21(2)(b) affect the landlord’s liability to place the tenant in possession?

No, it is without prejudice to that liability.

What is the maximum term of imprisonment under Section 21(2)(b)?

Three months.

What is the maximum fine under Section 21(2)(b)?

Five thousand rupees.

What is the punishment prescribed under Section 21(2)(b)?

Imprisonment up to three months or fine up to five thousand rupees or both.

When can punishment under Section 21(2)(b) be imposed?

Upon conviction.

What is the subject matter of Section 22 of the Maharashtra Rent Control Act, 1999?

Recovery of possession in case of tenancy created during service period.

Who may create a service tenancy under Section 22(1)?

A landlord and his employee.

In respect of what premises may a service tenancy be created under Section 22(1)?

Premises or any part thereof belonging to the landlord.

What is required for creation of a service tenancy under Section 22(1)?

A written agreement between the landlord and the employee.

In what form must a service tenancy be created?

By an agreement in writing.

For how long does a service tenancy remain in force under Section 22(1)?

During the period of service or employment of the tenant with the landlord.

Does a service tenancy continue beyond the employee's service period?

No.

What events may result in cessation of service or employment under Section 22(2)?

Retirement, resignation, termination of service, death or any other reason.

What must the tenant do immediately upon cessation of service or employment?

Vacate the premises or part thereof.

Who else is required to vacate upon cessation of service under Section 22(2)?

Any person residing with the tenant or claiming under him.

Who may apply for recovery of possession under Section 22(2)?

The landlord.

To whom must the application under Section 22(2) be made?

The Competent Authority.

Within what period should the landlord make an application under Section 22(2)?

Within thirty days.

What must the Competent Authority be satisfied about before passing an order under Section 22(2)?

That the tenant or persons claiming under him failed to vacate immediately after cessation of service.

What order may the Competent Authority pass under Section 22(2)?

An order directing the tenant or such person to place the landlord in vacant possession.

What is the consequence if the tenant refuses or fails to comply with the order under Section 22(2)?

The Competent Authority may take action under Section 45.

Which provision empowers the Competent Authority to take further action for non-compliance?

Section 45.

Can the Competent Authority entertain a delayed application under Section 22(2)?

Yes, if sufficient cause for delay is shown.

What must be shown for condonation of delay under the first proviso to Section 22(2)?

Sufficient cause preventing timely filing of the application.

When shall an eviction order not be passed under the second proviso to Section 22(2)?

When a dispute regarding termination of service is pending before a tribunal, court or competent authority.

To whom does the protection under the second proviso to Section 22(2) apply?

A workman or employee whose services have been terminated.

Until when is eviction barred under the second proviso to Section 22(2)?

Until the termination order is finally upheld by the competent forum.

Which authorities may be seized of the service termination dispute under the second proviso?

A tribunal, court or other competent authority.

What must the tribunal, court or authority finally uphold before eviction can be ordered?

The order of termination of service.

Does the expression “landlord” include a tenant who has sub-let premises for the purpose of Section 22?

No.

Does the expression “landlord” include a tenant in relation to his sub-tenant under Section 22?

No.

Does the expression “landlord” include a tenant at whose instance a deemed tenant came into occupation?

No.

What is excluded from the meaning of “landlord” by the Explanation to Section 22?

A tenant in relation to his sub-tenant and a tenant in relation to a deemed tenant inducted by him.

CHAPTER V

SPECIAL PROVISIONS FOR RECOVERY OF POSSESSION IN CERTAIN CASES

What is the subject matter of Section 23 of the Maharashtra Rent Control Act, 1999?

Recovery of possession by members of armed forces, scientists or Government servants for their occupation.

Does Section 23 operate notwithstanding anything contrary contained in the Act or any contract?

Yes.

Who are entitled to seek recovery of possession under Section 23(1)(A)?

Members of the armed forces, scientists and Government servants specified therein.

Can a retired member of the armed forces seek recovery under Section 23?

Yes.

Does the expression "retired" include premature retirement for members of the armed forces?

Yes.

Who is a scientist for the purposes of Section 23?

A person holding a scientific post in the Department of Atomic Energy or its aided institution.

Can a retired scientist seek recovery under Section 23?

Yes.

Does the expression "retired" include premature retirement for a scientist?

Yes.

What is the time limit within which a retired scientist must apply under Section 23?

Within one year of retirement.

Can a Government servant seek recovery under Section 23 after retirement?

Yes.

Does the expression "retired" include premature retirement for a Government servant?

Yes.

What is the time limit within which a retired Government servant must apply under Section 23?

Within one year of retirement.

Who is a Government servant for the purposes of Section 23?

An employee of the Government of India, a State or Union Territory Government, or a Public Sector Undertaking of the Government of India or a State Government.

For what purpose may a landlord recover possession under Section 23?

For bona fide occupation by himself or a member of his family.

What must be the nature of the requirement under Section 23?

Bona fide requirement for occupation.

To whom must the application for recovery be made under Section 23?

The Competent Authority.

What type of premises may be recovered under Section 23?

Premises owned by the landlord.

Who must pass the eviction order under Section 23?

The Competent Authority.

When shall the Competent Authority make an eviction order under Section 23?

When the prescribed certificate is produced and statutory conditions are satisfied.

What certificate must a serving member of the armed forces produce?

A certificate signed by the authorised officer.

What must the certificate of a member of the armed forces certify?

That he is a member of the armed forces or has retired therefrom.

What must the certificate of a retired member of the armed forces certify regarding accommodation?

That he does not possess any other suitable premises for residence in the local area.

Must a member of the armed forces possess any other suitable residential premises in the local area to obtain eviction under Section 23?

No.

Who must sign the certificate of a scientist under Section 23?

An officer of the Department of Atomic Energy of or above the rank of Deputy Secretary to Government.

What must the scientist's certificate certify regarding employment?

That he is holding or had held a scientific post in the Department of Atomic Energy or its aided institution and has retired on the specified date.

What must the scientist's certificate certify regarding accommodation?

That he does not possess any other suitable residence in the local area.

Is Government-provided residential accommodation considered while determining alternative accommodation of a scientist?

No.

Who must sign the certificate of a Government servant under Section 23?

The Head of Department, Head of Office, or Chief Executive of the Public Sector Undertaking.

What must the Government servant's certificate certify regarding employment?

That he is holding or had held the post and retired on the specified date.

What must the Government servant's certificate certify regarding accommodation?

That he does not possess any other suitable residence in the local area.

Is Government accommodation excluded while determining alternative accommodation of a Government servant?

Yes.

Is Public Sector Undertaking accommodation excluded while determining alternative accommodation of a Government servant?

Yes.

Can eviction be ordered under Section 23 if the landlord possesses another suitable residence in the local area?

No.

For whose occupation can possession be recovered under Section 23?

The landlord himself or any member of his family.

Who is entitled to recover possession under Section 23(1)(B)?

A successor-in-interest who becomes landlord of premises owned by a landlord referred to in Section 23(1)(A).

How must a successor-in-interest become landlord under Section 23(1)(B)?

As a result of the death of the landlord referred to in Section 23(1)(A).

When can the successor-in-interest of a member of the armed forces invoke Section 23(1)(B)?

When the member dies while in service or within five years of retirement.

When can the successor-in-interest of a scientist invoke Section 23(1)(B)?

When the scientist dies while in service or within one year of retirement.

When can the successor-in-interest of a Government servant invoke Section 23(1)(B)?

When the Government servant dies while in service or within one year of retirement.

On what ground may a successor-in-interest recover possession under Section 23(1)(B)?

Bona fide requirement for occupation by himself or a member of the deceased landlord's family.

For whose occupation can a successor-in-interest seek possession under Section 23(1)(B)?

For himself or any member of the family of the deceased landlord.

To whom must the successor-in-interest apply for recovery of possession?

The Competent Authority.

Who shall pass the eviction order under Section 23(1)(B)?

The Competent Authority.

When shall the Competent Authority pass an eviction order under Section 23(1)(B)?

When the prescribed certificate is produced and statutory conditions are fulfilled.

Who may be a successor-in-interest of a deceased member of the armed forces under Section 23(1)(B)(a)?

The widow or any other member of his family.

Who must sign the certificate for a successor-in-interest of a member of the armed forces?

The authorised officer.

What must the certificate under Section 23(1)(B)(a)(i) certify?

That the successor-in-interest is the widow or another family member of the deceased member of the armed forces.

Can the successor-in-interest claim benefit if the member of the armed forces died while in service?

Yes.

Can the successor-in-interest claim benefit if the member of the armed forces died within five years of retirement?

Yes.

What must the certificate under Section 23(1)(B)(a)(ii) certify?

That the successor-in-interest does not possess any other suitable residential premises in the local area.

Can a successor-in-interest of a member of the armed forces obtain eviction if he possesses another suitable residence in the local area?

No.

Who may be a successor-in-interest of a scientist under Section 23(1)(B)(b)?

The widow or any other member of the scientist's family.

Who must sign the certificate for a successor-in-interest of a scientist?

An officer of the Department of Atomic Energy of or above the rank of Deputy Secretary to Government.

What must the certificate under Section 23(1)(B)(b)(i) certify?

That the successor-in-interest is the widow or another family member of the deceased scientist.

Can the successor-in-interest claim benefit if the scientist died while in service?

Yes.

Can the successor-in-interest claim benefit if the scientist died within one year of retirement?

Yes.

What must the certificate under Section 23(1)(B)(b)(ii) certify?

That the successor-in-interest does not possess any other suitable residence in the local area.

Is Government-provided residential accommodation excluded while determining alternative accommodation of a scientist's successor-in-interest?

Yes.

Who may be a successor-in-interest of a Government servant under Section 23(1)(B)(c)?

The widow or any other member of the Government servant's family.

Who must sign the certificate for a successor-in-interest of a Government servant?

The Head of Department, Head of Office or Chief Executive of the Public Sector Undertaking.

What must the certificate under Section 23(1)(B)(c)(i) certify?

That the successor-in-interest is the widow or another family member of the deceased Government servant.

Can the successor-in-interest claim benefit if the Government servant died while in service?

Yes.

Can the successor-in-interest claim benefit if the Government servant died within one year of retirement?

Yes.

What must the certificate under Section 23(1)(B)(c)(ii) certify?

That the successor-in-interest does not possess any other suitable residence in the local area.

Is Government-provided accommodation excluded while determining alternative accommodation of a Government servant's successor-in-interest?

Yes.

Is Public Sector Undertaking accommodation excluded while determining alternative accommodation of a Government servant's successor-in-interest?

Yes.

Can a successor-in-interest obtain eviction if he possesses another suitable residence in the local area?

No.

What is the evidentiary value of a certificate granted under Section 23(1)?

It shall be conclusive evidence of the facts stated therein.

Is a certificate granted under Section 23(1) conclusive evidence of the facts stated therein?

Yes.

Who is an “authorised officer” in relation to a member of the armed forces of the Union?

The commanding officer or head of services.

Who is the authorised officer for an Army officer retired from service?

The Area Commander.

Who is the authorised officer for a Navy officer retired from service?

The Flag Officer Commanding-in-Chief, Naval Command.

Who is the authorised officer for an Air Force officer retired from service?

The Station Commander.

Who is included within the meaning of “member of the family” under Section 23?

A family member ordinarily residing with and dependent on the member of the armed forces, scientist or Government servant.

At what point must family members of a retired person satisfy the residence or dependency requirement?

At the time of retirement.

At what point must family members of a deceased person satisfy the residence or dependency requirement?

At the time of death.

Does the spouse fall within the definition of “member of the family” under Section 23?

Yes.

Does the father fall within the definition of “member of the family” under Section 23?

Yes.

Does the mother fall within the definition of “member of the family” under Section 23?

Yes.

Does the son fall within the definition of “member of the family” under Section 23?

Yes.

Does the daughter fall within the definition of “member of the family” under Section 23?

Yes.

Does the grandson fall within the definition of “member of the family” under Section 23?

Yes.

Does the granddaughter fall within the definition of “member of the family” under Section 23?

Yes.

Does the son's wife fall within the definition of “member of the family” under Section 23?

Yes.

Does the grandson's wife fall within the definition of “member of the family” under Section 23?

Yes.

Does the widow of a predeceased son fall within the definition of “member of the family” under Section 23?

Yes.

Does the widow of a predeceased grandson fall within the definition of “member of the family” under Section 23?

Yes.

Who is the “successor-in-interest” if the deceased landlord leaves a spouse surviving?

The spouse.

Who is the “successor-in-interest” if the deceased landlord has no spouse living at the time of death?

Any other member of his family.

Can a landlord who acquired the property by purchase recover possession under Section 23 from an existing tenant in occupation at the time of acquisition?

No.

Can a landlord who acquired the property by gift recover possession under Section 23 from an existing tenant in occupation at the time of acquisition?

No.

Can a landlord who acquired the property by exchange recover possession under Section 23 from an existing tenant in occupation at the time of acquisition?

No.

Does the restriction under the Explanation apply where the property is acquired by inheritance or succession?

No.

Does acquisition of a share, right or interest in premises in a Co-operative Housing Society by nomination attract the restriction under the Explanation?

No.

Can a successor-in-interest who acquires property by inheritance recover possession under Section 23 subject to the Explanation?

Yes.

What is the condition for application of the restrictive Explanation to Section 23?

The premises were already in occupation of the tenant or his predecessor-in-interest at the time of acquisition.

Does the restrictive Explanation override judgments, decrees, orders and other laws?

Yes.

Are the provisions of the restrictive Explanation deemed always to have applied?

Yes.

Who is barred from recovering possession in cases covered by the restrictive Explanation?

The landlord or his successor-in-interest.

What is an “aided institution” for the purposes of Section 23?

Tata Institute of Fundamental Research, Tata Memorial Centre and any institution declared by the State Government in consultation with the Department of Atomic Energy.

Is the Tata Institute of Fundamental Research an aided institution under Section 23?

Yes.

Is the Tata Memorial Centre an aided institution under Section 23?

Yes.

Who may declare any other institution as an aided institution under Section 23?

The State Government.

With whom must the State Government consult before declaring an aided institution under Section 23?

The Department of Atomic Energy.

What is the subject matter of Section 24 of the Maharashtra Rent Control Act, 1999?

Recovery of possession of premises given on licence on expiry.

Does Section 24 operate notwithstanding anything contained in the Act?

Yes.

What must a licensee do on expiry of the period of licence?

Deliver possession of the licensed premises to the landlord.

To what type of premises does Section 24(1) apply?

Premises given on licence for residence.

When does the obligation to deliver possession arise under Section 24(1)?

On expiry of the period of licence.

When is a landlord entitled to recover possession under Section 24(1)?

When the licensee fails to deliver possession on expiry of the licence period.

From whom may the landlord recover possession under Section 24(1)?

From the licensee.

To whom must the landlord apply for recovery of possession under Section 24(1)?

The Competent Authority.

What must the Competent Authority be satisfied about before passing an eviction order under Section 24(1)?

That the period of licence has expired.

What order may the Competent Authority pass under Section 24(1)?

An order for eviction of the licensee.

Can a landlord recover possession immediately on expiry of the licence period through the Competent Authority?

Yes.

What is the liability of a licensee who continues in possession after expiry of the licence period?

Liability to pay damages at double the rate of the licence fee or charge.

At what rate are damages payable under Section 24(2)?

Double the rate of the licence fee or charge fixed under the licence agreement.

For what period is the licensee liable to pay damages under Section 24(2)?

From expiry of the licence period until dispossession by the Competent Authority.

Does Section 24(2) apply if the licensee voluntarily vacates on expiry of the licence?

No.

Can the Competent Authority entertain claims from persons other than the licensee under the licence agreement?

No.

Whose claims are barred under Section 24(3)?

Claims of any person who is not a licensee according to the licence agreement.

Does the expression “landlord” include a successor-in-interest under Section 24?

Yes.

How may a successor-in-interest become a landlord under Section 24?

By becoming landlord as a result of the death of the original landlord.

Does the expression “landlord” include a tenant who has given premises on licence?

No.

Does the expression “landlord” include a sub-tenant who has given premises on licence?

No.

What is the evidentiary value of a written licence agreement under Section 24?

It is conclusive evidence of the facts stated therein.

Is a written agreement of licence conclusive evidence of the facts stated therein?

Yes.

CHAPTER VI

PROVISIONS REGARDING SUB-TENANCIES AND OTHER MATTERS CONCERNING TENANCIES

What is the subject matter of Section 25 of the Maharashtra Rent Control Act, 1999?

Certain sub-tenants becoming tenants on determination of tenancy.

When does Section 25 operate?

When the interest of a tenant in any premises is determined for any reason.

Can a lawful sub-tenant become a tenant upon determination of the tenant's interest?

Yes.

What type of sub-tenancy qualifies for protection under Section 25?

A lawful sub-tenancy.

Must the sub-tenancy be subsisting on the date of commencement of the Act to attract Section 25?

Yes.

Can a sub-tenant become a tenant where sub-tenancy is permitted by contract between landlord and tenant?

Yes.

To whom does the protected sub-tenant become a tenant under Section 25?

To his landlord.

On what terms does a sub-tenant become a tenant under Section 25?

On the same terms and conditions on which he would have held from the tenant if the tenancy had continued.

Is the deeming provision under Section 25 subject to the provisions of the Act?

Yes.

Does Section 25 apply to an unlawful sub-tenant?

No.

What is the subject matter of Section 26 of the Maharashtra Rent Control Act, 1999?

Restriction on sub-letting, transfer and licensing by tenants in the absence of contract.

Does Section 26 operate notwithstanding anything contained in any law for the time being in force?

Yes.

Is Section 26 subject to a contract to the contrary?

Yes.

Can a tenant lawfully sub-let the whole of the premises in the absence of a contract permitting it?

No.

Can a tenant lawfully sub-let part of the premises in the absence of a contract permitting it?

No.

Can a tenant lawfully give the whole premises on licence in the absence of a contract permitting it?

No.

Can a tenant lawfully give part of the premises on licence in the absence of a contract permitting it?

No.

Can a tenant assign his interest in the premises in the absence of a contract permitting it?

No.

Can a tenant transfer his interest in the premises in any other manner in the absence of a contract permitting it?

No.

What transactions are prohibited under Section 26 in the absence of a contract to the contrary?

Sub-letting, licensing, assignment or transfer of the tenant's interest.

Who may permit transfer of interest in premises under the proviso to Section 26?

The State Government.

How may the State Government permit transfer of interest under Section 26?

By notification in the Official Gazette.

Can the State Government permit transfer of interest only in specified areas?

Yes.

Can the State Government permit transfer of interest in specified classes of leases?

Yes.

Can the State Government permit transfer of interest in specified classes of premises?

Yes.

Does the proviso to Section 26 apply to premises let for business?

No.

Does the proviso to Section 26 apply to premises let for trade?

No.

Does the proviso to Section 26 apply to premises let for storage?

No.

To what extent may transfer of interest be permitted under the proviso to Section 26?

To such extent as may be specified in the notification.

What is the subject matter of Section 27 of the Maharashtra Rent Control Act, 1999?

State Government or Government allottee becoming tenant of premises requisitioned or continued under requisition.

On which date does the deeming provision under Section 27(1) take effect?

7th December 1996.

What is the significance of 7th December 1996 under Section 27?

It is the date on which the State Government or Government allottee is deemed to have become tenant of the landlord.

Who becomes the tenant in respect of premises allotted to a Government allottee referred to in Section 7(2)(a)?

The State Government.

Who becomes the tenant in respect of premises allotted to a Government allottee referred to in Section 7(2)(b)?

The Government allottee.

In respect of what premises does Section 27(1) apply?

Premises requisitioned or continued under requisition.

What is the status acquired by the State Government under Section 27(1)?

The State Government is deemed to have become the tenant of the landlord.

What is the status acquired by the Government allottee under Section 27(1)?

The Government allottee is deemed to have become the tenant of the landlord.

Under which laws does the deeming provision under Section 27 operate notwithstanding?

This Act, the Bombay Land Requisition Act, 1948, any other law, contract, judgment, decree, order of court, or eviction order.

What is the effect of judgments, decrees or court orders passed on or after 11th June 1996 under Section 27(1)?

The deeming tenancy operates notwithstanding such judgments, decrees or orders.

What is the effect of eviction orders issued under the Bombay Land Requisition Act, 1948 on the deeming tenancy under Section 27(1)?

The deeming tenancy operates notwithstanding such eviction orders.

For what purpose is the State Government or Government allottee deemed to be a tenant?

For the purposes of this Act.

How are the premises treated under Section 27(1) after the deeming provision operates?

The premises are deemed to have been let by the landlord to the State Government or Government allottee.

At what rent are the premises deemed to have been let under Section 27(1)?

Rent and permitted increases equal to the compensation payable immediately before 7th December 1996.

What amount forms the basis of rent payable under the deemed tenancy created by Section 27(1)?

The amount of compensation payable in respect of the premises immediately before 7th December 1996.

What rights of the landlord are preserved under Section 27(2)(a)?

The landlord's rights including the right to recover possession on grounds specified in Section 16 or any other provision of the Act.

Does Section 27 affect the landlord's right to recover possession under Section 16?

The landlord's right to recover possession under Section 16 remains unaffected.

What right relating to standard rent is preserved under Section 27(2)(b)?

The right of the landlord or tenant to apply for fixation of standard rent and permitted increases.

Can the landlord apply for fixation of standard rent notwithstanding determination of rent under Section 27(1)?

The landlord may apply for fixation of standard rent and permitted increases under the Act.

Can the tenant apply for fixation of standard rent notwithstanding determination of rent under Section 27(1)?

The tenant may apply for fixation of standard rent and permitted increases under the Act.

Does determination of rent under Section 27(1) bar an application for fixation of standard rent?

The right to seek fixation of standard rent and permitted increases remains unaffected.

What is preserved under Section 27(2)(c) regarding the tenancy created by Section 27(1)?

The operation and application of other relevant provisions of the Act.

Does Section 27 exclude the application of other relevant provisions of the Act to such tenancy?

The other relevant provisions of the Act continue to apply to such tenancy.

What is the subject matter of Section 28 of the Maharashtra Rent Control Act, 1999?

Inspection of premises.

What right is conferred upon the landlord under Section 28?

The right to inspect the premises let or given on licence.

Which premises may be inspected under Section 28?

Premises let or given on licence.

When may a landlord inspect the premises under Section 28?

At a reasonable time.

What condition must be fulfilled before inspection under Section 28?

Prior notice must be given.

To whom must prior notice be given before inspection of the premises?

The tenant, licensee or occupier.

What is the requirement regarding timing of inspection under Section 28?

Inspection must be carried out at a reasonable time.

Who may receive notice of inspection under Section 28?

The tenant, licensee or occupier.

What is the subject matter of Section 29 of the Maharashtra Rent Control Act, 1999?

Landlord not to cut-off or withhold essential supply or service.

What is prohibited under Section 29(1)?

Cutting-off or withholding any essential supply or service enjoyed by the tenant without just or sufficient cause.

Who is prohibited from cutting-off or withholding essential supply or service under Section 29(1)?

The landlord either himself or through any person acting or purporting to act on his behalf.

In respect of which premises does Section 29(1) apply?

Premises let to the tenant.

What remedy is available to a tenant when the landlord contravenes Section 29(1)?

The tenant may apply to the court for a direction to restore the supply or service.

Who may apply under Section 29(2)?

A tenant in occupation of the premises.

For what purpose may an application be made under Section 29(2)?

For a direction to restore the essential supply or service.

What power does the court have regarding interim relief under Section 29(3)?

The court may make an interim order directing restoration of the essential supply or service.

When may the court pass an interim order under Section 29(3)?

When it is satisfied that it is necessary having regard to the circumstances of the case.

Can the court direct restoration before issuing notice to the landlord?

The court may direct restoration before giving notice to the landlord.

Can the court direct restoration during the pendency of the enquiry?

The court may direct restoration during the pendency of the enquiry.

What is the consequence of failure to comply with an interim order under Section 29(3)?

The landlord becomes liable to the same penalty as provided in Section 29(4).

What findings must the court record before passing a final restoration order under Section 29(4)?

That the tenant was enjoying the essential supply or service and it was cut-off or withheld without just or sufficient cause.

What order may the court pass after inquiry under Section 29(4)?

An order directing the landlord to restore the essential supply or service before a specified date.

What is the penalty for failure to restore the supply or service as directed under Section 29(4)?

Fine which may extend to one hundred rupees for each day of continuing default.

What is the punishment for contravention of Section 29(1)?

Imprisonment up to three months or fine up to one thousand rupees or both.

Can an application under Section 29 be made jointly by tenants?

An application may be made jointly by all or any of the tenants of premises situated in the same building.

What does the expression "essential supply or service" include under Section 29?

Supply of water, electricity, lights in passages and stair-cases, lifts and conservancy or sanitary service.

What is included within the expression "withholding any essential supply or service"?

Acts or omissions attributable to the landlord resulting in disconnection by a municipal or other competent authority.

What additional remedy is available to a tenant under Section 29(7)?

The tenant may apply to the municipal or other authorised authority for permission or supply of the essential service.

Who may apply under Section 29(7)(a)?

A tenant who was enjoying an essential supply or service which has been withheld by the landlord.

Who may apply under Section 29(7)(b)?

A tenant who desires to obtain any other essential supply or service at his own cost.

To whom may an application under Section 29(7) be made?

The Municipal Authority or any other authority authorised in that behalf.

Can the authority grant supply of an essential service without a No Objection Certificate from the landlord?

The authority may grant permission or supply without insisting on a No Objection Certificate from the landlord.

At whose cost may a tenant obtain another essential supply or service under Section 29(7)(b)?

At the tenant's own cost.

What is the subject matter of Section 30 of the Maharashtra Rent Control Act, 1999?

Prohibition on conversion of residential premises into commercial premises.

What is prohibited under Section 30(1)?

Use or permitting use of residential premises for a commercial purpose.

Which premises are covered by Section 30(1)?

Premises used for a residential purpose on the date of commencement of the Act.

Who is prohibited from converting residential premises into commercial premises under Section 30(1)?

The landlord.

What is the punishment for contravention of Section 30(1)?

Imprisonment up to six months or fine up to ten thousand rupees or both.

What is the subject matter of Section 31 of the Maharashtra Rent Control Act, 1999?

Compulsory issuance of receipts for amounts received.

What is the duty of a landlord under Section 31(1)?

To give a written receipt for any amount received in respect of any premises.

When must a landlord give a written receipt under Section 31(1)?

At the time the amount is received.

In what form is a receipt to be issued under Section 31(1)?

In such form as may be prescribed.

In what manner is a receipt to be issued under Section 31(1)?

In such manner as may be prescribed.

For what amounts must a landlord issue a written receipt under Section 31(1)?

Any amount received in respect of any premises.

In whose name must a rent receipt be issued after the death of a tenant?

In the name of the family member referred to in Section 7(15)(d).

Can a landlord charge consideration for issuing a rent receipt in the name of the deceased tenant's family member?

The rent receipt shall be issued without charging any consideration.

What is the punishment for failure to give a written receipt under Section 31(3)?

Fine which may extend to one hundred rupees for each day of default.

Who is liable for punishment under Section 31(3)?

Any landlord or person who fails to give a written receipt for an amount received in respect of any premises.

What is the subject matter of Section 32 of the Maharashtra Rent Control Act, 1999?

Recovery of rent according to the British Calendar.

According to which calendar shall rent payable by month, year or portion of a year be recovered?

The British Calendar.

Does Section 32(1) override contrary laws, contracts, customs or local usage?

Rent shall be recovered according to the British Calendar notwithstanding any contrary law, contract, custom or local usage.

What types of rent are recoverable according to the British Calendar under Section 32(1)?

Rent payable by the month, year or portion of a year.

Who may prescribe the manner of calculating rent previously recoverable according to another calendar?

The State Government.

What may the State Government prescribe under Section 32(2)?

The manner in which rent recoverable according to another calendar shall be calculated and charged in terms of the British Calendar.

To which rent does Section 32(2) apply?

Rent recoverable according to any calendar other than the British Calendar before the commencement of the Act.

CHAPTER VII

PROVISIONS REGARDING JURISDICTION OF COURTS, SUITS, APPEALS, PRACTICE AND PROCEDURE

What is the subject matter of Section 33 of the Maharashtra Rent Control Act, 1999?

Jurisdiction of courts.

Which court has jurisdiction in Brihan Mumbai under Section 33(1)?

The Court of Small Causes, Mumbai.

Which court has jurisdiction in areas where a Court of Small Causes is established under the Provincial Small Causes Courts Act, 1887?

The Court of Small Causes established for that area.

Which court has jurisdiction where no Court of Small Causes is established?

The Court of the Civil Judge (Junior Division) having jurisdiction over the area where the premises are situated.

Which court has jurisdiction where there is no Civil Judge (Junior Division)?

The Court of the Civil Judge (Senior Division) having ordinary jurisdiction.

What matters may the courts specified in Section 33(1) entertain and try?

Suits or proceedings between a landlord and tenant relating to recovery of rent or possession of premises.

What applications may the courts specified in Section 33(1) decide?

Applications made under the Act other than those to be decided by the State Government, an authorised officer or the Competent Authority.

Does jurisdiction under Section 33(1) depend upon the amount of the claim?

Jurisdiction exists notwithstanding the amount of the claim.

Does Section 33(1) override other laws relating to jurisdiction?

Jurisdiction is conferred notwithstanding anything contained in any law for the time being in force.

Which applications are excluded from the jurisdiction of courts under Section 33(1)?

Applications to be decided by the State Government, an officer authorised by it or the Competent Authority.

What is the effect of Section 33(1) on the jurisdiction of other courts?

No other court shall entertain such suit, proceeding, application, claim or question.

Who may withdraw a suit, proceeding or application from a Court of Small Causes under Section 33(2)(a)?

The District Court.

At what stage may the District Court withdraw a suit, proceeding or application under Section 33(2)(a)?

At any stage.

From which court may the District Court withdraw a matter under Section 33(2)(a)?

A Court of Small Causes established under the Provincial Small Causes Courts Act, 1887.

To which court may the District Court transfer a withdrawn matter?

The Court of the Civil Judge (Senior Division) having ordinary jurisdiction in the area.

What options are available to the Civil Judge (Senior Division) after transfer under Section 33(2)(b)?

It may retry the matter or proceed from the stage at which it was withdrawn.

Can the Civil Judge (Senior Division) continue proceedings from the stage at which the matter was withdrawn?

The court may proceed from the stage at which it was withdrawn.

What is the status of the Civil Judge's Court trying a matter withdrawn from the Court of Small Causes?

It shall be deemed to be the Court of Small Causes for that suit, proceeding or application.

For what purpose is the Civil Judge's Court deemed to be a Court of Small Causes under Section 33(2)(c)?

For the purposes of the suit, proceeding or application withdrawn and transferred under Section 33(2)(a).

What is the subject matter of Section 34 of the Maharashtra Rent Control Act, 1999?

Appeals.

From which court does an appeal lie in Brihan Mumbai under Section 34(1)(a)?

From a decree or order made by the Court of Small Causes, Mumbai exercising jurisdiction under Section 33.

To which forum does an appeal lie in Brihan Mumbai under Section 34(1)(a)?

To a bench of two judges of the Court of Small Causes, Mumbai.

What restriction is imposed on the composition of the appellate bench in Brihan Mumbai?

The bench shall not include the judge who made the decree or order appealed against.

From which courts does an appeal lie elsewhere under Section 34(1)(b)?

From a decree or order made by a Judge of the Court of Small Causes, a Civil Judge deemed to be a Court of Small Causes, or a Civil Judge exercising such jurisdiction.

To which court does an appeal lie elsewhere under Section 34(1)(b)?

The District Court.

Does Section 34 operate notwithstanding anything contained in any law for the time being in force?

An appeal shall lie notwithstanding anything contained in any law for the time being in force.

From which decrees or orders does no appeal lie under the first proviso to Section 34(1)?

Decrees or orders in suits or proceedings in respect of which no appeal lies under the Code of Civil Procedure, 1908.

When is an appeal barred in rent recovery suits under Section 34(1), proviso (b)?

When the suit or proceeding does not relate to possession and the amount or value of the subject matter is below the prescribed monetary limit.

What is the monetary limit for non-appealable rent recovery matters instituted in Brihan Mumbai?

Rs. 10,000.

What is the monetary limit for non-appealable rent recovery matters instituted elsewhere?

The amount up to which the Judge or Court is invested with the jurisdiction of a Court of Small Causes under any law in force.

Does the bar under proviso (b) apply to suits relating to possession?

The bar applies only to suits or proceedings other than those relating to possession.

When does an appeal lie against an order fixing standard rent or determining permitted increases?

Only when such order is made in a suit or proceeding in which an appeal lies.

Which orders relating to standard rent are generally non-appealable under Section 34(1), proviso (c)?

Orders made on applications for fixing standard rent or determining permitted increases.

Which orders under Section 29 are non-appealable under Section 34(1), proviso (d)?

Orders made on a tenant's application for restoration of an essential supply or service.

Can an appeal be filed against an order directing restoration of essential supply or service to a tenant?

An order made on such application is not appealable.

What is the limitation period for filing an appeal under Section 34(2)?

Thirty days from the date of the decree or order.

From which date is the limitation period under Section 34(2) computed?

From the date of the decree or order appealed against.

Which provisions of the Limitation Act, 1963 apply to appeals under Section 34(2)?

Sections 4, 5 and 12 of the Limitation Act, 1963.

For what purpose do Sections 4, 5 and 12 of the Limitation Act, 1963 apply under Section 34(2)?

For computing the period of limitation for appeals under Section 34.

What is the subject matter of Section 34(3)?

Bar of further appeal.

What is the effect of Section 34(3) on appellate decisions?

No further appeal shall lie against any decision in appeal under Section 34(1).

Can a second appeal be filed against a decision rendered in an appeal under Section 34(1)?

No further appeal lies against such decision.

What power is conferred under Section 34(4) where no appeal lies from a decree or order in Brihan Mumbai?

The bench of two Judges may call for the case to satisfy itself that the decree or order was according to law.

What power is conferred under Section 34(4) where no appeal lies from a decree or order outside Brihan Mumbai?

The District Court may call for the case to satisfy itself that the decree or order was according to law.

For what purpose may the appellate bench or District Court call for a case under Section 34(4)?

To satisfy itself that the decree or order was according to law.

Who may exercise revisional jurisdiction in Brihan Mumbai under Section 34(4)?

The bench of two Judges specified in Section 34(1)(a).

Who may exercise revisional jurisdiction outside Brihan Mumbai under Section 34(4)?

The District Court.

Who may exercise powers under Section 34(4) on reference by the District Judge?

Any Judge to whom the case is referred by the District Judge.

What orders may be passed after calling for the case under Section 34(4)?

Such order as the bench, court, District Judge or referred Judge thinks fit.

In respect of which matters can revisional powers under Section 34(4) be exercised?

Decrees or orders from which no appeal lies under Section 34.

What is the subject matter of Section 35 of the Maharashtra Rent Control Act, 1999?

Saving of suits involving title.

What is the effect of Section 35 on questions of title to premises?

A party may institute a suit in a competent court to establish title to the premises.

Do Sections 33 and 34 bar a separate suit for establishing title to premises?

A party may still sue in a competent court to establish title.

When does the protection under Section 35 apply?

When a question of title to premises arises and is determined in a suit, proceeding or appeal under Sections 33 and 34.

In which court may title to premises be established under Section 35?

A competent court.

What is the subject matter of Section 36 of the Maharashtra Rent Control Act, 1999?

Compensation in respect of proceedings which are not bona fide or are false, frivolous or vexatious.

When may the court award compensation under Section 36?

When a suit, proceeding or application is not instituted bona fide or is false, frivolous or vexatious.

Against whom may compensation be ordered under Section 36?

The plaintiff or applicant.

In whose favour may compensation be awarded under Section 36?

The defendant or opponent.

What is the maximum compensation that may be awarded under Section 36?

Two thousand rupees.

What procedural safeguard must be followed before awarding compensation under Section 36?

The plaintiff or applicant must be heard.

What must the court record before awarding compensation under Section 36?

Reasons for the order.

What is the subject matter of Section 37 of the Maharashtra Rent Control Act, 1999?

Procedure of courts.

Which courts are governed by Section 37?

The courts specified in Sections 33 and 34.

What procedure shall courts follow under Section 37?

The prescribed procedure.

For what matters must the prescribed procedure be followed under Section 37?

Suits, proceedings, applications, appeals and execution of orders.

What is the subject matter of Section 38 of the Maharashtra Rent Control Act, 1999?

Time limit for disposal of suits, proceedings and appeals.

How are suits and proceedings under the Act required to be disposed of?

As expeditiously as possible.

Within what period should a suit or proceeding under the Act be disposed of, as far as practicable?

Twelve months from the date of service of summons or notice on the defendant.

From which date is the twelve-month period under Section 38(a) computed?

The date of service of summons or notice on the defendant.

How are appeals under the Act required to be disposed of?

As expeditiously as possible.

Within what period should an appeal be disposed of, as far as practicable?

Six months from the date of service of notice of appeal on the respondent.

From which date is the six-month period under Section 38(b) computed?

The date of service of notice of appeal on the respondent.

Does Section 38 operate notwithstanding anything contained in the Act or any other law?

The provisions apply notwithstanding anything contained in this Act or any other law for the time being in force.

CHAPTER VIII

SUMMARY DISPOSAL OF CERTAIN APPLICATIONS

What is the subject matter of Section 39 of the Maharashtra Rent Control Act, 1999?

Overriding effect of the provisions of Chapter VIII.

What is the effect of the provisions of Chapter VIII under Section 39?

They shall have effect notwithstanding anything inconsistent contained elsewhere in the Act or any other law.

What is the effect of rules made under Chapter VIII under Section 39?

They shall have effect notwithstanding anything inconsistent contained elsewhere in the Act or any other law.

Against what do the provisions of Chapter VIII prevail under Section 39?