MAHARASHTRA RENT CONTROL ACT,1999

31.03.2000

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COMPETENT AUTHORITY

WHO WILL BE CALLED AS THE COMPETENT AUTHORITY(S.40)

- AN OFFICER NOT LOWER IN RANK TO THAT OF THE DEPUTY COLLECTOR
- AN OFFICER HOLDING THE POST OF CIVIL JUDGE (JUNIOR DIVISION)
- AN ADVOCATE FOR NOT LESS THAN 5YRS ENROOLED UNDER ADVOCATES ACT OF 1961.

BY WHOM THE APPOINMENT IS TO BE MADE

THE STATE GOVERNMENT WILL MAKE THE APPOINMENT.

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SPECIAL PROVISIONS FOR MAKING APPLICATION TO COMPETENT
AUTHORITY- (S.42)
A LANLORD MAY SUBMIT AN APPLICATION TO THE COMPETENT AUTHORITY FOR RECOVERY OF POSSESION

SIGNED AND VERIFIED IN THE MANNER PROVIDED BY RULES 14 AND 15 OF ORDER VI OF

CPC

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PROCEDURE FOR DISPOSAL OF APPLICATION (S.43)
1. THE APPLICATION NEEDS TO BE ACCOMPANIED WITH THE PRESCRIBED FEES
2. THE COMPETENT AUTHORITY THEN ISSUES SUMMONS TO SERVED ON TENANT OR LICENSEE AND
ALSO BY REGISTERED POST ACKNOWLEDGEMENT DUE WHERE THE TENANT OR AGENT
ACTUALLY AND VOLUNTARILY RESIDES OR WORKS FOR GAIN OR CARRIES ON THE BUSINESS.
3. IF THE SUMMONS RECEIVED WITH AND ENDORSEMENT OF REFUSAL THEN THE
COMPETENT AUTHORITY MAY PROCEED TO HEAR AS IF IT HAS BEEN VALIDLY SERVED.
4. THE TENANT OF LICENSEE MAY ONLY CONTEST THE APPLICATION OF EVICTION IF HE FILES AND
AFFIDAVITY WITHIN 30DAYS OF THE GROUNDS OF CONTESTING AND OBTAINS LEAVE OF THE
COMPETENT AUTHORITY.
BUT
IF MAKES DEFAULT IN OBTAINING LEAVE
THE STATEMENT OF LANDLORD DEEMED TO ADMITTED BY THE
TENANT OR LICENSEE AND LANDLORD BE ENTITLED FOR ORDER OF EVICTION.

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5. THE COMPETENT AUTHORITY WILL GIVE THE CONTEST TO CONTEST THE APPLICATION IF THE TEANT DISCLOSES
THE FACTS WHICH WOULD DISENTITLE THE LANDLORD FROM OBTAINING ORDER OF RECOVERY OF POSSESSION.

6. THE PROCEEDING WILL CONTINUE FROM DAY TO DAY AND NEEDS TO BE CONCLUDED WITHING 6 MONTHS OF
SUCH LEAVE.

7. THE COMPTENT AUTHORITY WILL FOLLOW THE PRACTICE AND PROCEDURE OF COURT OF SMALL CAUSES.

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EFFECT OF REFUSAL OR FAILURE TO COMPLY WITH ORDER OF
EVICTION (S.45)

PERSON REFUSES TO COMPLY WITH ORDER OF EVICTION

WITHIN 30DAYS

THE COMPETENT AUTHORITY MAY EVICT THE PERSON FROM THE PREMISES AND IF REQUIRED MAY USE FORCE AS
MAY BE NECESSARY.

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NON- APPEALABLE BUT REVISION MAY LIE (S.44)

NO APPEAL SHALL LIE AGAINST THE ORDER FOR RECOVERY OF POSSESION

BUT

REVISION MAY LIES ON THE APPLICATION OF THE PERSON AGGREIVED MADE WITHIN 90DAYS.

AND

THE STATE GOVERNMENT OR OFFICER NOT BELOW THE RANK OF AN ADDITIONAL COMMISSIONER OF REVENUE
DIVISION AT ANY TIME MAY CALL FOR THE RECORDS OF THAT CASE AND PASS AN ORDER AS HE THINKS FIT.

BUT AN OPPORTUNITY OF BEING HEARD IF PROVIDED.

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BAR OF JURISDICTION ( S. 47)

NO CIVIL COURT SHALL HAVE JURISDICTION IN RESPECT OF MATTER WHICH THE COMPTENT AUTHORITY OR SG
OR OFFICER AUTHORISED IF EMPOWERED TO DECIDE

AND

NO INJUNCTION COULD BE GRANTED BY THE COURT.

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COMPETENT PROCEEDINGS COMPETENT GOOD FAITH
AUTHOITY BEFORE AUTHORITY PROTECTION FOR ACTS
DEEMED TO BE COMPTETENT DEEMED TO BE OF COMPETENT
PUBLIC SERVANT AUTHORITY CIVIL COURT AS AUTHORITY.
WITHIN THE AS DEEMED TO BE PER S. 345 AND (S.52)
PER S. 21 OF IPC JUDICIAL 346 OF CrPC
(S. 49) PROCEEDING AS (S.51)
PER S. 193 AND 228
OF IPC
(S.50)

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THANKYOU
BY PALAK SINGHAI
B.A.LL.B. LL.M.(BUSINESS LAWS)

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