Published On: Fri, Mar 24th, 2017

Maharashtra Rent Control Rules 2017 will be effective after 31st March

apartment1By Accommodation Times Bureau

On 3rd March 2017, Housing Department under its notification No.YACHIKA.2015/C.R.17/(Part-2)/GND-1.- Under Rent Control Act 1999, issued draft Rules for objections and suggestion to be finalise on or after 31st March 2017. All objections and suggestion may be sent to gnd1.housing@maharashtra.gov.in. The Notification :

HOUSING DEPARTMENT

Madam Cama Marg, Hutatma Rajguru Chowk, Mantralaya,

Mumbai 400 032, dated the 3 March 2017.

NOTIFICATION

RENT CONTROL ACT, 1999.

No.YACHIKA.2015/C.R.17/(Part-2)/GND-1.—The following draft of rules which the

Government of Maharashtra proposes to make in exercise of the powers conferred by section 57

read with section 37 of the Maharashtra Rent Control Act, 1999 (Mah. XVIII of 2000) and of all

other powers enabling it in this behalf, is hereby published as required by sub-section (1) of

section 57 of the said Act, for information of all persons likely to be affected thereby; and notice

is hereby given that the said draft will be taken into consideration by the Government of

Maharashtra on or after the 31st day of March, 2017.

2. Any objections or suggestions which may be received by the Addt. Chief Secretary,

Housing Department, Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk, Mumbai

400 032, by post on gnd1.housing@maharashtra.gov.in email address from any person with respect

to the said draft before the aforesaid date will be considered by the Government.

DRAFT RULES

CHAPTER I

PRELIMINARY

1. Short title.—These rules may be called the Maharashtra Rent Control Rules, 2017.

2. Definitions.—(1) In these rules, unless the context otherwise requires,—

(a) “ Act ” means the Maharashtra Rent control Act, 1999;

(b) “ Code ” means the Code of Civil Procedure, 1908;

(c) “ Form” means a Form appended to these rules ;

(d) “miscellaneous application” means an application for fixing the standard rent, except

where the said relief is claimed in a pending suit or proceeding, an application for determining

the permitted increase, an application by a tenant for reinstatement, an application for a direction

for the restoration of any essential supply or service or an application by a member of the

tenant’s family under sub-clause (d) of clause (15) of section 7 ;

(2) Words and expressions not defined in these rules shall have the same meanings as are

assigned to them in the Maharashtra Rent Control Act, 1999.

CHAPTER II

RECEIPT FOR RENT

3. Receipt for rent.- A receipt given under section 31 for the amount of rent received in

respect of any premises shall be in Form I.

CHAPTER III

INCREASE OF RENT ON ACCOUNT OF IMPROVEMENTS OR STRUCTURAL ALTERATIONS, SPECIAL ADDITIONS TO PREMISES

OR SPECIAL ALTERATIONS OR ADDITIONAL AMENITIES, ETC. 4. Increase of rent of premises on account of improvements or structural alterations, special

additions to premises or special alterations or additional amenities, etc.—An amount not exceeding

fifteen per cent. per annum of the expenses incurred to execute any work of special additions to

premises or special alterations made therein or additional amenities provided to the premises

or on account of improvements or structural alterations made under sub-sections (2) and (3) of

section 11 of the Act and after obtaining a certificate from the municipal authority that such

works are completed in conformity with its requirements, an amount not exceeding fifteen per

cent. per annum of the expenses incurred (“hereinafter referred to as the amount of permitted

increase”) may be added to the rent, in the following manner, namely :—

(a) where any such work is carried out by the landlord in the premises occupied by one

tenant only at the instance of a local authority and is for the benefit of such tenant or is carried

out with the consent of such tenant, the whole amount of permitted increase may be added to

the rent of such premises;

(b) when any such work is carried out at the instance of a local authority or with the

consent in writing of the majority of tenants,—

(i) for the benefit of any two or more tenements in any premises, or

(ii) for the proper upkeep, stability and other requirements of any premises taken as a

whole, the amount of permitted increase shall be allocated to the tenements in such premises

in proportion to their respective annual rental values.

Explanation.—For the purposes of this rule, the expression “annual rental value” means the

annual rent for which any tenements is actually let and when any tenements is not let, the rent

for which such tenement might reasonably be expected to be let from year to year, to be calculated

on the basis of rents and areas of other premises let in the same building;

(c) where the rent is payable by the month, the amount of permitted increase which may

be added to such rent per month shall be the quotient obtained by dividing the amount of

permitted increase under clause (a) or (b) by twelve.

5. Procedure before temporary increase of rent on account of special or structural repairs.—

(1) A landlord desirous of obtaining a declaration or a certificate under clause (b) of sub-section

(4) of the section 11 of the Act, shall apply in writing to the following authority, namely :—

(a) in any Municipal Corporation area, the Municipal Commissioner for that area or any

officer of the Municipal Corporation authorized by him in this behalf;

(b) in any Municipal area, the Chief Officer of the Municipal Council ;

(c) in any Cantonment area, the Executive Officer of the Cantonment;

(d) where a panel of Architects is notified by the State Government for the purposes of

the Act, for the area, then by any Architect from such panel.

(2) The application under sub-rule (1), shall contain the following particulars and be

forwarded with the following documents, namely :—

(i) Full name and residential address of the landlord.

(ii) The number, name (if any) and address or location of the building to be repaired.

(iii) Description of the proposed work.

(iv) Dimensions of the work.

(v) Copies (in duplicate) of the detailed plan of the relevant floor or floors of the building,

indicating in red the special or heavy repairs intended to be carried out, with brief descriptions

thereof.

(vi) Copies (in duplicate) of the estimates, giving calculations, measurements, quantities,

rates and estimated cost of each item of repairs proposed.

(vii) Total estimated cost of the whole work.

(viii) Whether the property is affected by any reservation under the Development Plan or

any Town Planning Scheme.

(ix) Names of all tenants occupying the premises in the building.

(3) On receipt of such an application, the authority or Architect may, after making such

inspection and inquiry, if any, as it deems fit, grant such declaration or a certificate in Form II.

(4) After the repairs are carried out, a landlord desirous of obtaining a certificate under

clause (b) of sub-section (4) of the section 11 of the Act shall apply in writing to the following

prescribed officer, namely :—

(a) in any Municipal Corporation area, the Municipal Commissioner for that area or any

officer of the Municipal Corporation authorized by him in this behalf;

(b) in any Municipal area, the Chief Officer of the Municipal Council;

(c) in any Cantonment area, the Executive Officer of the Cantonment;

(d) where a panel of Architects is notified by the State Government for the purposes of

the Act, for the area, then by any Architect from such panel.

(5) The application under sub-rule (4) shall contain the following particulars and be submitted

with the following documents, namely :—

(i) Full name and residential address of the landlord.

(ii) The number, name (if any) and address or location of the building which has been

repaired.

(iii) A true copy of the declaration obtained by the landlord under clause (b) of sub-section

(4) of the section 11 of the Act. The declaration in original shall be produced for inspection

when required by the prescribed officer.

(iv) Copy of the plans sanctioned by the prescribed authority, showing the nature and

extent of repairs carried out.

(v) Statement showing the actual expenditure. Bills or vouchers of costs incurred for

carrying out the heavy or special repairs in original to be produced for inspection when required

by the prescribed officer.

(6) On receipt of such application, the prescribed officer may, after making such inspection

and inquiry, if any, as he deems fit, grant a certificate under clause (b) of sub-section (4) of the

section 11 of the Act in Form III.

6. Manner of making temporary increases in rent on account of special or structural repairs.-

Temporary increase in rent of premises by an addition to the rent, not exceeding twenty-five per

cent. of the standard rent, permitted under clause (a) of sub-section (4) of section 11 of the Act on

account of special or structural repairs made in accordance with the provisions of sub-section

(4) of the said section 11 shall be (hereinafter referred to as “the amount of permitted increase”)

in the following manner, namely :—

(a) When any such repairs are carried out in any premises occupied by a single tenant, the

whole amount of permitted increase may be added to the rent of such premises.

(b) When any such repairs are carried out for the benefit of premises in a building occupied

by two or more tenants, the share of expenses which should be borne by each of them shall be

determined in accordance with the provisions of clause (c) of sub-section (4) of the said section 11

and the proportionate amount of permitted increase may be added to the rent of the premises

occupied by each such tenant.

(c) When the rent is payable by the month, the amount of permitted increase shall be

recovered by monthly instalments by adding such sum every month to the rent as the landlord

deems fit.

CHAPTER IV

PAYMENT OF RENT ACCORDING TO BRITISH CALENDAR

7. Calculation of rent according to British Calendar.—If, before the Act comes into force,

the rent in respect of any premises was chargeable according to a calendar other than the British

calendar, the landlord shall recover from the tenant, rent for the broken period of the month,

year or portion of the year immediately preceding the date on which the Act comes into force,

proportionate amount according to the aforesaid calendar month, year or portion of the year at

which the rent was then chargeable. After such date, the landlord shall recover rent according to

the British Calendar.

CHAPTER V

PROCEDURE TO BE FOLLOWED BY THE COURT IN SUITS, PROCEEDINGS, APPLICATIONS, APPEALS, ETC. 8. Procedure for suits, appeals, miscellaneous applications and proceedings.–(1) In all suits,

appeals, miscellaneous applications, revisions and proceedings, the courts having jurisdiction

under section 33, shall as far as possible and except as herein otherwise provided, follow the

procedure prescribed by the Code as applicable to the State of Maharashtra.

The costs in respect of employing a legal practitioner when allowed in any such application

under the Act shall not be more than Rs.10,000.

(2) In appeal under section 34 of the Act, the Court shall follow, as far as may be and with

the necessary modification, the practice and procedure prescribed for appeals from original

decrees by the Code :

Provided that, if, in any such appeal, the bench constituting of two judges in Small Cause

Court may differ in its decision, the Chief Judge may constitute the bench of three Judges and

the decision of majority shall prevail.

9. Affidavits in distress warrant applications.—Every application for a distress warrant

under Chapter VIII of the Presidency Small Cause Courts Act, 1882, shall be accompanied also by

an affidavit of the applicant or his duly constituted agent stating that the amount claimed is not

in excess of the rent recoverable under the Act.

10. Procedure in applications for fixing standard rents, etc.—In applications for fixing

standard rent or permitted increase where a Court in exercise of the powers conferred by rule 9

of order XXVI of the Code, appoints a Commissioner for ascertaining the market value of any

premises, the Court may also require the Commissioner to submit his report as to facts which

may enable the Court to ascertain the fair return in respect of such premises by apportionment

or otherwise:

Provided that, costs in respect of employing a legal practitioner when allowed shall be, in

respect of any legal practitioner entitled to appear, not more than rupees three thousand if the

case is disposed of on the first day.

CHAPTER VI

COURT FEES

11. Court fees to be levied in Mumbai.—(1) The Court fees leviable in suits and proceedings

mentioned in rule 8 shall be the fees for the time being chargeable in the Court of Small Causes

under the Presidency Small Cause Courts Act, 1882.

(2) The Court fees leviable in miscellaneous applications mentioned in rule 8 shall be rupees

one hundred and the Court fees leviable in appeals against orders passed in such applications

shall be rupees one hundred.

(3) The Court fees leviable in suits and proceedings mentioned in rule 8 and in all appeals

filed under clause (a) of sub-section (1) of section 34 of the Act in the Court of Small Causes,

Mumbai, shall be the court fees chargeable for the time being for such suits and appeals instituted

in the courts other than the High Court and the Courts of Small Causes, Mumbai, under

Chapter III of the Court-fees Act, 1870, as amended from time to time, in its application to the

State of Maharashtra and the provisions of the Act, as far as may be and with the necessary

modifications, shall apply to the recovery of the said court-fees.

(4) Whenever any suit or proceeding mentioned in rule 8 is settled by agreement of the

parties before the hearing, half the amount of the court fees paid in respect of the plaint or

application by which the suit or proceeding was instituted shall be refunded by the Court of

Small Causes, Mumbai, to the parties by whom the same have been paid.

12. Court fees in Courts outside Mumbai.—(1) The court fees leviable in miscellaneous

applications in courts outside Brihan Mumbai shall be rupees one hundred and in appeals against

orders passed in such miscellaneous applications shall be rupees one hundred.

(2) In suits, appeals and other proceedings in courts outside Brihan Mumbai the court fees

leviable shall be the same as are chargeable under Chapter III of the Court-fees Act, 1870, as

amended from time to time, in its application to the State of Maharashtra and the provisions of

that Act shall apply to the recovery of such court fees.

(3) Whenever any suit or proceeding in any court outside Brihan Mumbai is settled by

agreement of the parties before the hearing, the parties shall be entitled to a certificate from the

court authorising them to receive back from the Collector half the amount of the court fees paid

in respect of the plaint or application by which the suit or proceeding was instituted.

13. Application fees.—An application for recovery of possession of premises to be made by

the landlord to the Competent Authority under sub-section (1) of section 43 shall be affixed with

a Court-fees Stamp of two hundred rupees.

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