Scribd Logo
Upload

Welcome to Scribd!

  • 18 views

    Mrca - 3

    Uploaded by

    Khushi Mishra
    This document outlines the procedures for competent authorities under the Maharashtra Rent Control Act of 1999. It states that competent authorities who can hear eviction applications are officers of a certain rank or advocates with 5+ years of experience, appointed by the state government. It describes the process for landlords to file eviction applications, including fees and service of summons. It also covers procedures for tenants to contest the application, timelines for proceedings, effects of non-compliance with eviction orders, appeal and revision processes, and protections for competent authorities.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Mrca - 3

    Uploaded by

    Khushi Mishra
    18 views10 pages
    This document outlines the procedures for competent authorities under the Maharashtra Rent Control Act of 1999. It states that competent authorities who can hear eviction applications are officers of a certain rank or advocates with 5+ years of experience, appointed by the state government. It describes the process for landlords to file eviction applications, including fees and service of summons. It also covers procedures for tenants to contest the application, timelines for proceedings, effects of non-compliance with eviction orders, appeal and revision processes, and protections for competent authorities.

    Original Title

    MRCA - 3

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document outlines the procedures for competent authorities under the Maharashtra Rent Control Act of 1999. It states that competent authorities who can hear eviction applications are officers of a certain rank or advocates with 5+ years of experience, appointed by the state government. It describes the process for landlords to file eviction applications, including fees and service of summons. It also covers procedures for tenants to contest the application, timelines for proceedings, effects of non-compliance with eviction orders, appeal and revision processes, and protections for competent authorities.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    18 views10 pages

    Mrca - 3

    Uploaded by

    Khushi Mishra
    This document outlines the procedures for competent authorities under the Maharashtra Rent Control Act of 1999. It states that competent authorities who can hear eviction applications are officers of a certain rank or advocates with 5+ years of experience, appointed by the state government. It describes the process for landlords to file eviction applications, including fees and service of summons. It also covers procedures for tenants to contest the application, timelines for proceedings, effects of non-compliance with eviction orders, appeal and revision processes, and protections for competent authorities.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    You are on page 1of 10

    MAHARASHTRA RENT CONTROL ACT,1999

    31.03.2000

    1
    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.

    2
    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

    3
    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.

    4
    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.

    5
    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.

    6
    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.

    7
    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.

    8
    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)

    9
    THANKYOU
    BY PALAK SINGHAI
    B.A.LL.B. LL.M.(BUSINESS LAWS)

    10

    You might also like