Mumbai, Mar 24: The Maharashtra government is planning to introduce an ordinance by March 31 lifting the standard rents enjoyed by MNCs, whether public limited or private limited having a paid-up share capital of more than Rs 1 crore, banks, public sector undertakings and for premises belonging to the government or local authorities. The ordinance is to be implemented with immediate effect.However, the ordinance states that the rent act will continue to protect premises let out or given on licence to the government or local authority, taken on behalf of the government on such basis or in the name of the officer.
The ordinance, if introduced, will also be legalising the charging of Pugree by deleting section 19 of the existing act which had prohibited the taking of Pugree.
A special provision in the interest of tenants authorising them to carry out necessary repairs for enjoyment of any essential service without the necessity of obtaining a "no objection certificate" from the landlord is also expectedto be introduced.
The Bombay Rent Act will not be applicable to any premises, the construction of which is completed on or after October 1, 1987, and such premises which were let out for the first time on or after the coming into force of the Ordinance, 1999.
As per the ordinance, every landlord shall, without charging any consideration, issue the rent receipt in respect of the premises let out to the deceased tenant in the name of the family member. This clause is expected to be added after sub-section(1) of section 26 of the Bombay Rent Act.
The introduction of the ordinance becomes imminent as the Bombay Rent Control Act, 1947 will expire by March 31. Over the years, from its inception, it was getting extended every year.
But this year it became imperative for the state government to implement certain changes in the Act after the Supreme Court in an interim relief asked the state to amend the standard provisions in the Bombay Rent Control Act in reponse to a public interest litigation filed by theProperty Owners Association in November 1997.
The petition is still pending with the Supreme Court for final disposal and is expected to come up for hearing on April 1. Therefore, the ordinance is being passed by the government to extend the duration to 2000 and further to amend the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.
There are three different rent control laws in force in different part of Maharashtra. The Bombay Rents Act is in operation in the Western Maharashtra and the central provinces. The Berar Letting of Houses and Rent Control Order, 1949 is in operation is Vidarbha region and the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954 is in operation in the Marathwada region.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.