THE MAHARASHTRA RENT CONTROL ACT, 1999: A CRITIQUE

INTRODUCTION
The Maharashtra Rent Control Act, 1999 came into force w.e.f. 31/03/2000. Before enactment
of this New Act, the state of Maharashtra appointed Rent Enquiry committee i.e. Tambe Committee.1
The recommendations of Tambe Committee were considered by Maharashtra Law Commission.
Prior to enactment of this Act, three Acts were prevailing in the State of Maharashtra to govern the
matters pertaining to tenancy dispute i.e. Bombay Rent, Hotel and Lodging House Rent Control Act
for Bombay Region. The Central Provinces and Berar Act was prevailing in the area of Vidarbha
and Hyderabad House (Rent, Eviction and Lease) Control Act 1954 was prevailing for Marathwada
Region. This Act has been enacted to unify, consolidate and amend the law relating to the control
of rent and repairs of certain premises and of eviction and for encouraging the construction of new
houses by assuring a fair return on the investment by lands and to provide for matters connected with
the purpose aforesaid.
Under the Indian Constitution, provision of housing is a state subject. Thus, the enactment and
enforcement of rent control laws is the responsibility of the individual states. The common thread
running through almost all Rent Control Acts (RCAs) and legislations is that they are intended to
serve two purposes, to protect the tenant from eviction from the house where he is living except for
defined reasons and on defined conditions and to protect him from having to pay more than a fair/
standard rent. But most acts also confer upon the landlord the right to evict a tenant who is guilty of
certain specified acts and also when the landlord requires the house for his own personal occupation.
Rent Control measures become necessary when demand for rental property far outstrips the supply
and tenants become vulnerable to exploitation by the landlords. This article attempts to compare and
contrast rent control in Mumbai, Delhi and Bangalore respectively. Firstly, a quick look at the salient
features of the rent control act governing each city.2
The Maharashtra Rent Control Bill 1999 passed with amendments by both the Legislative
Assembly and Legislative Council, aimed to unify the three different Rent Control Laws, in operation
in the State of Maharashtra. The new Act called the Maharashtra Rent Control Act 1999 brought
about several changes in the Bombay Rent Control Act.3