Section 11(3) in The Maharashtra Rent Control Act, 1999
(3)(a)Notwithstanding anything contained in sub-section (2), but subject to the provisions of clauses (b) and (d), a landlord shall further be entitled to make an increase in the rent of premises by an addition to the rent in the manner prescribed of an amount not exceeding fifteen per cent per annum of the expenses incurred on account of special additions to premises or special alterations made therein or additional amenities provided for the premises or on account of improvements or structural alterations made under sub-section (2) after the commencement of this Act.Explanation. - For the purpose of this clause, the expression "expenses incurred" in relation to the execution of any work specified therein, means the total cost incurred therefor as certified by the municipal authority or an architect from a panel of architects notified by the State Government for the purposes of this Act.(b)Before making any increase under clause (a), the landlord shall obtain a certificate from the municipal authority that he was required by it to make or to provide such additions, alterations, improvements or amenities and has completed them in conformity with its requirements.(c)If a landlord, when required by a municipal authority to execute the work of any such addition, improvement, alterations or amenities, fails to do so, the tenant or the tenants interested in such work may seek the approval of the municipal authority for executing such work. The municipal authority shall grant the approval, unless other measures are taken by it to execute the said work. While granting the approval, the municipal authority shall specify the nature of the work. Upon such approval being granted, the tenants shall be entitled to execute the said work and the expenses incurred for such work shall, for all purposes, be binding on the landlord. The tenants shall also be entitled to deduct amount of expenses incurred for such work from the rent which from time to time becomes due by them to the landlord or otherwise recover such amount from him :Provided that, where such work is jointly executed by the tenants the amount to be deducted or recovered by each tenant shall bear the same proportion as the rent payable by him in respect of his premises bears to the total amount of the expenses incurred for such work:Provided further that, the total amount so deducted or recoverable shall not exceed the amount of expenses incurred for such work.Explanation. - For the purposes of this sub-section,-(a)the expression "municipal authority" includes,-(i)in the case of any Municipal Corporation, the Municipal Commissioner or any officer of the Municipal Corporation authorised by him in this behalf;(ii)in the case of any Municipal Council, the Chief Officer of the Council; and(iii)in the case of any Cantonment, the Executive Officer of the Cantonment;(b)the expression "expenses incurred for such work" means the total cost as certified by the municipal, authority or an architect from the panel of architects notified by the State Government for the purposes of this Act.(d)In respect of any work executed by the tenants under clause (c), and where the total amount of the expenses incurred for such work is deducted or recovered by the tenant or tenants, as the case may be, in accordance with the provisos thereto, the landlord shall be entitled to make the increase permitted under clause (a); and such increase of rent shalt be payable from the month following the month in which such total amount is so deducted or recovered.
