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CHAPTER I PRELIMINARY

Section 3: Exemption

The Maharashtra Rent Control Act, 1999

How current this text is

Text as published by India Code for the Government of Maharashtra, as on 7 March 2025; its footnotes record later changes to other Acts it cites, the latest being Mah. 24 of 2012.

A Maharashtra Rent Control (Amendment) Bill, 2025 (L. A. Bill No. LXXXII of 2025) was introduced in 2025; as of October 2026 no official record shows it passed or published as an Act, so it is not reflected in this text.

(1) This Act shall not apply,—

(a) to any premises belonging to the Government or a local authority or apply as against the Government to any tenancy, licence or other like relationship created by a grant from or a licence given by the Government in respect of premises requisitioned or taken on lease or on licence by the Government, including any premises taken on behalf of the Government on the basis of tenancy or of licence or other or other like relationship by, or in the name of any officer subordinate to the Government authorised in this behalf; but it shall apply in respect of premises let, or given on licence, to the Government or a local authority or taken on behalf of the Government on such basis by, or in the name of such officer;

(b) to any premises let or sub-let to banks, or any Public Sector Undertakings or any Corporation established by or under any Central or State Act, or foreign missions, international agencies, multinational companies, and private limited companies and public limited companies having a paid up share capital of rupees one crore or more.

Explanation.— For the purpose of this clause the expression “bank” means,—

(i) the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955);

(ii) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);

(iii) a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertaking ) Act, 1970 or under section 3 of the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1980 (40 of 1980); or

(iv) any other bank, being a scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934).

(2) The State Government may direct that all or any of the provisions of this Act, shall, subject to such conditions and terms, as it may specify, not apply—

(i) to premises used for public purpose of a charitable nature or to any class of premises used for such purpose;

(ii) to premises held by a public trust for a religious or charitable purpose and let at a nominal or concessional rent;

(iii) to premises held by a public trust for a religious or charitable purpose and administered by a local authority; or

(iv) to premises belonging to or vested in an university established by any law for the time being force:

Provided that, before issuing any direction under this sub-section, the State Government shall ensure that the tenancy rights of the existing tenants are not adversely affected.

(3) The expression “premises belonging to the Government or a local authority” in sub-section (1) shall, notwithstanding anything contained in the said sub-section or in any judgement, decree or order of a court, not include a building erected on any land held by any person from the Government or a local authority under an agreement, lease, licence or other grant, although having regard to the provisions of such agreement, lease, licence or grant, the building so erected may belong or continue to belong the Government or the local authority, as the case may be, and such person shall be entitled to create a tenancy in respect of such building or a part thereof.

Questions on this section

6 questions in 5 of our papers cite Section 3. Try these from the free papers:

  1. 1. Before issuing a direction under Section 3(2) of the Maharashtra Rent Control Act, 1999 that the Act shall not apply to premises such as those held by a public trust and let at a nominal rent, the State Government must, under the proviso, ensure that:

  2. 2. A university established by law holds premises that the State Government has exempted under Section 3(2) of the Maharashtra Rent Control Act, 1999 subject to certain conditions. The university contravenes one of those conditions. The State Government proposes to direct that the exemption shall cease. Under Section 5:

  3. 3. Consider the following statements regarding Section 3(1) of the Maharashtra Rent Control Act, 1999: 1. The Act does not apply to premises let or sub-let to banks, Public Sector Undertakings or corporations established by or under a Central or State Act. 2. The Act does not apply to premises let or sub-let to foreign missions, international agencies and multinational companies. 3. The Act does not apply to premises let or sub-let to private limited and public limited companies having a paid-up share capital of rupees one crore or more. 4. The Act does not apply to premises let or given on licence to the State Government or a local authority. Which of the statements given above is/are correct?

Practise questions on Maharashtra Local Laws