Maharashtra Rent Control Act, 1999
3. Exemption.
(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, license or other like relationship created by a
grant from or a license given by the Government in respect of premises
requisitioned or taken on lease or on license by the Government, including any
premises taken on behalf of the Government on the basis of tenancy or of
license or other like relationship by, or in the name of any officer
subordinate to the Government authorized in this behalf, but it shall apply in
respect of premises let, or given on license, 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 more than rupee
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;
(ii) a subsidiary bank as defined in the State
Bank of India (Subsidiary Banks) Act, 1959;
(iii) a corresponding new bank constituted
under section 3 of the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970 or under section 3 of the Banking Companies (Acquisition
and Transfer of Undertaking) Act, 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) 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 purposes of a charitable nature or to any class of premises used for
such purposes;
(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 in 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 judgment,
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,
license or other grant, although having regard to the provisions of such
agreement, lease, license or grant the building so erected may belong or
continue to belong to 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.