Maharashtra rent control act 1999
Kishor Mehta
(Querist) 14 April 2012
This query is : Resolved
Legal Experts,
I shall request you to please inform me whether STATE BANK OF INDIA qualifies to be considered a valid institution for the undermentioned section of the Maharashtra Rent Control Act 1999.
"(1) Notwithstanding anything to the contrary contained in this Act or any contract,-
(A) a landlord, who,-
(iii) is an employee of the Government of India, Government of any State or Union Territory, Public Sector Undertaking of the Government of India or of any State Government (hereinafter referred to as "a Government servant") and has retired as such (which term shall include premature retirement) and one year has not elapsed since his retirement on the date of the application,
shall be entitled to recover from his tenant the possession of any premises owned by him on the ground that such premises are bona fide required by him for occupation by himself or by any member of his family, by making an application for the purpose of recovery of possession of the premises, to the Competent Authority"
Is STATE BANK OF INDIA covered under any of the above categories for the rent act to be applicable for eviction?
Thanks & regards,
Kishor Mehta
ajay sethi
(Expert) 14 April 2012
the tenancy of stae bank is governed by Transfer of Property Act and, therefore, can be terminated under Section 106 of the Transfer of Property Act, 1882.
under the explanation to Section 3(1)(b) it has been specifically provided that the word "bank" means only those bank who are covered under the categories (1), (2), (3) and (4) thereof. The provision of Section 3(1)(b) alongwith explanation thereof reads as under:
Section 3(1)(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;
(ii) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959;
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Kishor Mehta
(Querist) 14 April 2012
Sir/s,
I am sorry if I have not been able to place my question more explicitly, I wanted to know if an employee of State Bank of India is qualified to evict his tenant, under this section, when he retires from service.
I hope I have put the matter clearly. Once again I am sorry for the unintended confusion.
Thanks & regards,
Kishor Mehta
Raj Kumar Makkad
(Expert) 15 April 2012
A retired employee is no disqualified to use his civil rights as are available to a common person. It is not a sin to be a retired employee of any bank.
If any of your property in on rent, you can very well can get it vacated under Rent control Act for your personal necessity as you after retirement want to run a shop or for your old age comfort or what ever it may be the reason.
Kishor Mehta
(Querist) 15 April 2012
Sirs,
Please accept my sincere thanks for the valuable advice. I am grateful.
Kishor Mehta
