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
that behalf, the Government of Maharashtra, hereby makes the following rules,
the same having been previously published as required by sub-section (1) of
section 57 of the said Act, namely: CHAPTER I PRELIMINARY These rules may be called the Maharashtra
Rent Control Rules, 2017. (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 used but 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 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. 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. (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. 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 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 (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. (2)
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. (3)
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 Causes Court may differ in its
decision, the Chief Judge may constitute the bench of three Judges and the
decision of majority shall prevail. 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. 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 (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. (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. 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. MAHARASHTRA RENT CONTROL RULES, 2017
PREAMBLE