Dear Forum Members,
A charitable Trust is owner of a land premises in Mumbai . There are about 140 tenants living in the rooms of various chawls on the land. The landlord , a charitable trust has filed eviction of tenants in the small causes court mumbai for Bonafide and reasonable causes , building a school in this case. I am interested to know about the provisions in sec 3 exemptions subsection 2 of the MRC Act 1999. how to obtain the directions from the State government to get the provided Exemption of Eviction .
thanks in advance
Ganesh.
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, 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 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 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.
