(No. 41 of
1961) [25th
December, 1961] Received the assent of the
President on the 25th December, 1961; assent first published in the Madhya
Pradesh Gazette, Extraordinary on the 30th December, 1961. [1][An Act
to provide for the regulation and control of letting and rent of
accommodations, for expeditious trial of eviction cases on ground of "bona fide" requirement
of [certain categories of landlords] and generally to regulate and
control eviction of tenants from accommodations and for other matter connected
therewith or incidental thereto]. Be it enacted by the Madhya
Pradesh Legislature in the Twelfth Year of the Republic of India as follows: CHAPTER I Preliminary (1)
This Act may be called The Madhya Pradesh
Accommodation Control Act, 1961. (2)
It extends to the whole of Madhya Pradesh. (3)
The Act shall, in the first instance, be in
force in the areas specified in the [2][first
Schedule], It shall [3][come
into force] in other areas of the State on such dates as the State
Government may, by notification, appoint and different dates may be appointed
for different areas and for different provisions of the Act and thereupon
the [4][first
Schedule] shall be deemed to have been amended accordingly. In this Act, unless the
context otherwise requires,- (a)
"accommodation" means any building or part of a building, whether
residential or non-residential and includes,- (i)
any land which is not being used
for agricultural purposes; (ii)
garden, grounds, garages and
out-houses, if any, appurtenant to such building or part of the building; (iii)
any fittings affixed to such
building or part of a building for the more beneficial enjoyment thereof; (iv)
any furniture supplied by the
landlord for use in such building or part of building; (b)
"landlord" means a person, who, for the time being, is receiving, or is
entitled to receive, the rent of any accommodation, whether on his own account
or on account of or on behalf of or for the benefit of, any other person or as
a trustee, guardian or receiver for any other person or who would so receive
the rent or be entitled to receive the rent, if the accommodation were let to a
tenant and includes every person not being a tenant who from time to time
derives title under a landlord; (c)
"lawful
increase" means an increase in rent permitted
under the provisions of this Act; (d)
"lease" includes a sub-lease; (e)
"member
of the family" in case of any person means
the spouse, son, unmarried daughter, father, grandfather, mother, grandmother,
brother, unmarried sister, paternal uncle, paternal uncle's wife or widow, or
brother's son or unmarried daughter living jointly with, or any other relation
dependent on him; (f)
"Rent
Controlling Authority" means an officer
appointed under Section 28; (g)
"repealed
Act" means the Madhya Pradesh Accommodation
Control Act, 1955 (XXIII of 1955), repealed under Section 51; (h)
"standard
rent" in relation to any accommodation means
standard rent referred to in Section 7 or where the standard rent has been
increased under Section 8, such increased rent; (i)
"tenant" means a person by whom or on whose account or behalf the
rent of any accommodation is, or, but for a contract express or implied, would
be payable for any accommodation and includes any person occupying the
accommodation as a sub-tenant and also, any person continuing in possession
after the termination of his tenancy whether before or after the commencement
of this Act; but shall not include any person against whom any order or decree
for eviction has been made. (1)
Nothing in this Act shall apply to- (a)
accommodation which is the
property of the Government; (b)
accommodation which is the
property of a local authority used exclusively for non-residential purposes. (2)
The Government may, by notification, exempt
from all or any of the provisions of this Act any accommodation which is owned
by any educational, religious or charitable institution or by any nursing or
maternity home, the whole of the income derived from which is utilised tor that
institution or nursing home or maternity home. CHAPTER II Provisions
Regarding Rent Nothing in this Chapter
shall apply to any accommodation or part thereof, construction of which, was
completed before or after the commencement of this Act, for a period of five
years from the date on which completion of such construction was notified to
the local authority concerned. (1)
No tenant shall, notwithstanding any
agreement to the contrary, be liable to pay to his landlord for the occupation
of any accommodation any amount in excess of the standard rent of the
accommodation. (2)
Any agreement for the payment of rent in
excess of the standard rent shall be construed as if it were an agreement for
the payment of the standard rent only. (1)
Subject to the provisions of this Act, no
person shall claim or receive any rent in excess of the standard rent,
notwithstanding any agreement to the contrary. (2)
No person shall, in consideration of the
grant, renewal or continuance of a tenancy or sub-tenancy of any
accommodation,- (a)
claim or receive the payment of
any sum as premium or pugree or claim or receive any consideration whatsoever,
in cash or in kind, in addition to the rent; or (b)
except with the previous
permission of the Rent Controlling Authority, claim or receive the payment of
any sum exceeding one month's rent of such accommodation as rent in advance. (3)
It shall not be lawful for the tenant or any
other person acting or purporting to act on behalf of the tenant or a sub-tenant
to claim or receive any payment in consideration of the relinquishment,
transfer or assignment of his tenancy or sub-tenancy, as the case may be, of
any accommodation. (4)
Nothing in this Section shall apply to any
payment made under an agreement by any person to a landlord for the purpose of
financing the construction of the whole or part of any accommodation on the
land belonging to, or taking on lease, by the landlord, if one of the
conditions of the agreement is that the landlord is to let to that person the
whole or part of the accommodation when completed for the use of that person or
any member of his family : Provided that such payment
shall not exceed the amount of agreed rent for a period of five years of the
whole or part of the accommodation to be let to such person. (5)
Any payment made under sub-section (4) shall
be deemed to be the payment of rent in advance for such period from the
commencement of the tenancy to which it is relatable. "Standard rent" in relation to any
accommodation means- (1)
where reasonable annual rent or
fair rent has been fixed by a competent authority under the repealed Act or
prior to the commencement of the repealed Act, as the case may be, by a
competent authority under the enactment for the time being in force, such
reasonable annual rent or fair rent ; (2)
(i) where the accommodation was
let out on or before the 1st day of January, 1948, and the reasonable annual
rent or fair rent has not been so fixed, the rent of that accommodation as
shown in the Municipal Assessment Register or as was realised on the 1st day of
January, 1948, whichever is less; or (ii) where the
accommodation was not let out on or before the 1st day of January, 1948, the
rent of that accommodation as shown in the Municipal Assessment Register or as
could be realised on the 1st day of January, 1948, whichever is less ;
increased- (a)
in the case of a residential
accommodation and accommodation used for education purposes, by thirty-five per
cent of such rent; (b)
in the case of other accommodation,
by seventy per cent of such rent; and (c)
in case the tenant is not liable
to pay the municipal tax and there has been any increase in municipal tax
subsequent to 1st day of January, 1948, [5][by an amount equal to such increase]: Provided that the increase
specified in paragraphs (a) and (b) shall be permissible only if the
accommodation has been kept in good and tenantable repairs; (3)
in case of accommodation not
falling under clause (1) or (2) above,- (a)
if the accommodation is
separately assessed to municipal assessment, the annual rent according to such
assessment plus fifteen per cent thereon; (b)
if only a part of the
accommodation is so assessed, the proportionate amount of the annual rent for
the whole accommodation according to such assessment plus fifteen per cent
thereon; (c)
if the accommodation is not so
assessed,- (i) ???the annual rent
calculated with reference to the rent agreed upon between the landlord and the
tenant when such accommodation is first let out, and if it has not been so let
out, to such amount for which it could be let out immediately after its
construction was completed; or (ii)? ?the annual rent calculated on the basis of
annual payment of an amount equal to 6? per cent per annum of the aggregate
amount of the actual cost of construction and the market price of the land
comprised in the accommodation on the date of the commencement of the
construction; whichever is less. (1)
Where a landlord has, at any time, before the
commencement of this Act with or without the approval of the tenant or after
the commencement of this Act with the written approval of the tenant or of the
Rent Controlling Authority, incurred expenditure for any improvement, addition
or structural alteration in the accommodation not being expenditure on
decoration or tenantable repairs necessary or usual for such accommodation, and
the cost of that improvement, addition or alteration has not been taken into
account, in determining the rent of the accommodation, the landlord may
lawfully increase the standard rent per year by an amount not exceeding ten per
cent of the rent payable, for the time being. (2)
Where a landlord pays in respect of the
accommodation any charge for electricity or water consumed in the accommodation
or any other charge levied by a local authority having jurisdiction in the area
which is ordinarily payable by the tenant, he may recover from the tenant the
amount so paid by him, but the landlord shall not save as provided in Section
7, recover from the tenant whether by means of an increase in rent or
otherwise, the amount of any tax on building or land imposed in respect of the
accommodation occupied by the tenant : Provided that nothing in
this sub-section shall affect the liability of any tenant under an agreement,
whether express or implied, to pay from time to time the amount of any such tax
as aforesaid. (1)
Where a landlord wishes to increase the rent
of any accommodation, he shall give the tenant notice of his intention to make
the increase and in so far as such increase is lawful under this Act, it shall
be due and recoverable only in respect of the period of the tenancy after the
expiry of thirty days from the date on which the notice is given. (2)
Every notice under sub-section (1) must be in
writing signed by or on behalf of the landlord and either be sent by registered
post acknowledgment due to the tenant or be tendered or delivered personally to
him, or to one of his family or servants at his residence, or (if such tender
or delivery is not practicable) affixed to a conspicuous part of the
accommodation. (1)
The Rent Controlling Authority shall, on an
application made to it in this behalf, either by the landlord or by the tenant,
in the prescribed manner, fix in respect of any accommodation- (i) ????the standard rent in
accordance with the provisions of Section 7; or (ii) ???the increase, if
any, referred to in Section 8. (2)
In fixing the standard rent of any
accommodation or the lawful increase thereof, the Rent Controlling Authority
shall fix an amount which appears to it to be reasonable having regard to the
provisions of Section 7 or Section 8 and the circumstances of the case. (3)
In fixing the standard rent of any
accommodation part of which has been lawfully sub-let, the Rent Controlling
Authority may also fix the standard rent of the part sub-let. (4)
Where for any reason it is not possible to
determine the standard rent of any accommodation on the principles set forth
under Section 7, the Rent Controlling Authority may fix such rent as would be
reasonable having regard to the situation, locality and condition of the
accommodation and the amenities provided therein and where there are similar or
nearly similar accommodations in the locality, having regard also to the
standard rent payable in respect of such accommodations. (5)
The standard rent shall be fixed for a
tenancy of twelve months : Provided that where the
tenancy is from month to month or for any period less than a month, the
standard rent for such tenancy shall bear the same proportion to the annual
standard rent as the period of tenancy bears to twelve months. (6)
In fixing the standard rent of any
accommodation under this Section, the Rent Controlling Authority shall fix the
standard rent thereof in an unfurnished state and may also determine an
additional charge to be payable on account of any furniture supplied by the
landlord and it shall be lawful for the landlord to recover such additional
charge from the tenant. (7)
In fixing the standard rent of any
accommodation under this Section, the Rent Controlling Authority shall specify
a date from which the standard rent so fixed shall be deemed to have effect : Provided that in no case the
date so specified shall be earlier than thirty days prior to the date of the
filing of the application for the fixation of the standard rent. If an application for fixing
the standard rent or for determining the lawful increase of such rent is made
under Section 10, the Rent Controlling Authority shall, pending final decision
on the application, make, as expeditiously as possible, a provisional order
specifying the amount of the interim rent or lawful increase to be paid by the
tenant to the landlord and shall appoint the date from which such interim rent
or lawful increase so specified shall be deemed to have effect. CHAPTER III Control of
Eviction of Tenants The
provisions of this Chapter so far as they relate
to matter specially provided in Chapter III-A shall not apply to the landlord
defined in Section 23-J.] (1)
Notwithstanding anything to the contrary
contained in any other law or contract, no suit shall be filed in any civil
Court against a tenant for his eviction from any accommodation except on one or
more of the following grounds only, namely : (a)
that the tenant has neither paid
nor tendered the whole of the arrears of the rent legally recoverable from him
within two months of the date on which a notice of demand for the arrears of
rent has been served on him by the landlord in the prescribed manner; (b)
that the tenant has, whether
before or after the commencement of this Act, unlawfully sub-let, assigned or
otherwise parted with the possession of the whole or any part of the
accommodation for consideration or otherwise; (c)
that the tenant or any person
residing with him has created a nuisance or has done any act which is inconsistent
with the purpose for which he was admitted to the tenancy of the accommodation,
or which is likely to affect adversely and substantially the interest of the
landlord therein: Provided that the use by a
tenant of a portion of the accommodation as his office shall not be deemed to
be an act inconsistent with the purpose for which he was admitted to the
tenancy; (d)
that the accommodation has not
been used without reasonable cause for which it was let, for a continuous
period of six months immediately preceding the date of the filing of the suit
for the recovery of possession thereof; [7][(e) that the accommodation let for residential purposes is
required bonafide by
the landlord for occupation as a residence for himself or for any member of his
family, if he is the owner thereof, or for any person for whose benefit the
accommodation is held and that the landlord or such person has no other
reasonably suitable residential accommodation of his own in his occupation in
the city or town concerned ; (f)?? ?that the accommodation let for non-residential
purposes is required bonafide by
the landlord for the purpose of continuing or starting his business or that of
any of his major sons or unmarried daughters if he is the owner thereof or for
any person for whose benefit the accommodation is held and that the landlord or
such person has no other reasonably non-residential accommodation of his own in
his occupation in the city or town concerned]; (g)? ?that the accommodation has become unsafe, or
unfit for human habitation and is required bonafide by the landlord for
carrying out repairs which cannot be carried out without the accommodation
being vacated; (h)?? ?that the accommodation is required bonafide by the landlord for the
purpose of building or rebuilding or making thereto any substantial additions
or alterations and that such building or re-building or alterations cannot be
carried out without the accommodation being vacated; (i) ????that the tenant has,
whether before or after the commencement of this Act, built, acquired vacant
possession of, or, been allotted an accommodation suitable for his residence; (j) ???that the
accommodation was let to the tenant for use as a residence by reason of his
being in the service or employment of the landlord, and that the tenant has
ceased, whether before or after the commencement of this Act, to be in such
service or employment; (k)? ?that the tenant has, whether before or after
the commencement of this Act, caused or permitted to be caused substantial
damage to the accommodation; (l)?? ?that the tenant has given written notice to
quit and in consequence of that notice, the landlord has contracted to sell the
accommodation or has taken any other step as a result of which his interests
would seriously suffer if he is not put in possession of that accommodation; (m) ??that the tenant has,
without the written permission of the landlord, made or permitted to be made,
any such construction as has materially altered the accommodation to the
detriment of the landlord's interest or is likely to diminish its value
substantially; (n)?? ?in the case of accommodation which is open
land, that the landlord requires it for constructing a house on it; (o) ??that the tenant has
without the written permission of the landlord also taken possession of such
portion or portions of accommodation which is not included in the accommodation
let to Him and which the tenant has not vacated in spite of a written notice of
the landlord in that behalf; (p)? ?that the tenant has been convicted under any
law for the time being in force of an offence of using the building or allowing
the building to be used for immoral or illegal purposes. (2)
No order for the eviction of tenant in any
proceeding under sub-section (1) shall be binding on any sub-tenant referred to
in Section 15 who has given notice of his sub-tenancy to the landlord under the
provisions of that Section, unless the sub-tenant is made a party to the
proceeding and the order for eviction is made binding on him. (3)
No order for the eviction of a tenant shall
be made on the ground specified in clause (a) of sub-section (1), if the tenant
makes payment or deposit as required by Section 13 : Provided that no tenant
shall be entitled to the benefit under this sub-section, if, having obtained
such benefit once in respect of any accommodation, he again makes a default in
the payment of rent of that accommodation for three consecutive months. [8][(4)
Where a landlord has acquired any accommodation by transfer, no suit for the
eviction of tenant shall be maintainable under sub-section (1) on the ground
specified in clause (e) or clause (f) thereof, unless a period of one year has
elapsed from the date of the acquisition. (5)? ?Where
an order for the eviction of a tenant is made on the ground specified in.clause
(e) of sub-section (1), the landlord shall not be entitled to obtain possession
thereof before the expiration of a period of two months from the date of the
order. (6)? ?Where
an order for the eviction of a tenant is made on the ground specified in clause
(f) of sub-section (1), the landlord shall not be entitled to obtain possession
thereof- (a)
before the expiration of a period
of two months from the date of the order;and (b)
if the accommodation is situated
in cities of Gwalior (including Lashkar and Morar), Indore, Ujjain, Ratlam,
Bhopal, Jabalpur, Raipur, Durg or such other towns or cities specified by the
State Government by a notification in that behalf, unless the landlord pays to
the tenant such amount by way of compensation as may be equal to- (i) ???double the amount of the annual standard rent
of the accommodation in the following cases, namely:- (a)
where the accommodation has, for
a period of ten years immediately preceding the date on which the landlord
files a suit for possession thereof, been used for business purposes or for any
other purpose along with such purposes, by the tenant who is being evicted; (b)
where during the aforesaid period
of ten years, the tenant carrying on any business in the accommodation has left
it, and the tenant immediately succeeding has acquired the business of his
predecessor either through transfer or inheritance; (ii) ??the amount of the
annual standard rent in other cases.] (7) ??No order for the eviction of a tenant shall
be made on the ground specified in clause (h) of sub-Section (1), unless the
Court is satisfied that the proposed reconstruction will not radically alter
the purpose for which the accommodation was let or that radical alteration is
in the public interest, and that the plans and estimates of such reconstruction
have been properly prepared and that necessary funds for the purpose are
available with the landlord. (8) ??No order for the eviction of a tenant shall
be made on the ground specified in clause (j) of sub-Section (1), if any
dispute as to whether the tenant has ceased to be in the service or employment
of the landlord is pending before any authority competent to decide such
dispute. (9) ??No order for the eviction of a tenant shall
be made on the ground specified in clause (k) of sub-Section (1), if the
tenant, within such time as may be specified in this behalf by the Court,
carries out repairs to the damage caused to the satisfaction of the Court or
pays to the landlord such amount by way of compensation as the Court may
direct. (10)
No order for the eviction of a tenant shall be made on the ground specified in
clause (m) of sub-Section (1), if the tenant within such time as may be
specified in this behalf by the Court restores the accommodation to its
original condition or pays to the landlord such amount by way of compensation
as it may direct. (11)
No order for the eviction of a tenant shall be made on the ground specified in
clause (o) of sub-Section (1), if the tenant within such time as may be
specified in this behalf by the Court vacates the portion or portions of
accommodation not let to him and pays to the landlord such amount by way of
compensation as it may direct. [9][(1)
On a suit or any other proceeding being instituted by a landlord on any of the
grounds referred to in Section 12 or in any appeal or any other proceeding by a
tenant against any decree or order for his eviction, the tenant shall, within
one month of the service of writ of summons or notice of appeal or of any other
proceeding, or within one month of institution of appeal or any other
proceeding by the tenant, as the case may be, or within such further time as
the Court may on an application made to it allow in this behalf, deposit in the
Court or pay to the landlord, an amount calculated at the rate of rent at which
it was paid, for the period for which the tenant may have made default
including the period subsequent thereto up to the end of the month previous to
that in which the deposit or payment is made ; and shall thereafter continue to
deposit or pay, month by month by the 15th of each succeeding month a sum
equivalent to the rent at that rate till the decision of the suit, appeal or
proceeding, as the case may be. (2) ??If in any suit or proceeding referred to in
sub-Section (1), there is any dispute as to the amount of rent payable by the
tenant, the Court shall, on a plea made either by landlord or tenant in that
behalf which shall be taken at the earliest opportunity during such suit or proceeding,
fix a reasonable provisional rent, in relation to the accommodation, to be
deposited or paid in accordance with the provisions of sub-Section (1) and no
Court shall, save for reasons to be recorded in writing, entertain any plea on
this account at any subsequent stage]. (3)? ?If, in
any proceeding referred to in sub-Section (1), there is any dispute as to the
person or persons to whom the rent is payable, the Court may direct the tenant
to deposit with the Court the amount payable by him under sub-Section (1) or
sub-Section (2), and in such a case, no person shall be entitled to withdraw
the amount in deposit until the Court decides the dispute and makes an order
for payment of the same. (4) ?If the Court is satisfied that any dispute
referred to in sub-Section (3) has been raised by a tenant for reasons which
are false or frivolous, the Court may order the defence against eviction to be
struck out and proceed with the hearing of the suit. (5)? ?If a
tenant makes deposit or payment as required by sub-section (1) or sub-Section
(2), no decree or order shall be made by the Court for the recovery of
possession of the accommodation on the ground of default in t e payment of rent
by the tenant, but the Court may allow such cost as it may deem fit to the landlord. [10][(6)
If a tenant fails to deposit or pay any amount as required by this Section, the
Court may order the defence against eviction to be struck out and shall proceed
with the hearing of the suit, appeal or proceeding, as the case may be.] (1)
No tenant shall, without the previous consent
in writing of the landlord,- (a)
sub-let the whole or any part of
the accommodation held by him as a tenant; or (b)
transfer or assign his rights in
the tenancy or in any part thereof. (2)
No landlord shall claim or receive the
payment of any sum as premium or pugree or claim or receive any consideration
whatsoever in cash or in kind for giving his consent to the sub-letting of the
whole or any part of the accommodation held by the tenant. (1)
Where, after the commencement of this Act,
any accommodation is sub-let either in whole or in part by the tenant with the
previous consent in writing of the landlord, the tenant or the sub-tenant to
whom the accommodation is sub-let may, in the prescribed manner, give notice to
the landlord of the creation of the sub-tenancy within one month of the date of
such sub-letting and notify the termination of such sub-tenancy within one month
of such termination. (2)
Where, before the commencement of this Act,
any accommodation has been lawfully sub-let either in whole or in part by the
tenant, the tenant or the sub-tenant to whom the accommodation has been sub-let
may, in the prescribed manner, give notice to the landlord of the creation of
the sub-tenancy within six months of the commencement of this Act, and notify
the termination of such sub-tenancy within one month of such termination. (3)
Where, in any case mentioned in sub-Section
(2), the landlord contests that the accommodation was not lawfully sub-let and
an application is made to the Rent Controlling Authority in this behalf, either
by the landlord or by the sub-tenant, within two months of the date of the
receipt of the notice of sub-letting by the landlord or the issue of the notice
by the tenant or the sub-tenant, as the case may be, the Rent Controlling
Authority shall decide the dispute. (1)
Where an order for eviction in respect of any
accommodation is made under Section 12 against a tenant but not against a
sub-tenant referred to in Section 15 and a notice of the sub-tenancy has been
given to the landlord, the sub-tenant shall, with effect from the date of the
order, be deemed to become a tenant holding directly under the landlord in
respect of the accommodation in his occupation on the same terms and conditions
on which the tenant would have held from the landlord, if the tenancy had
continued. (2)
Where, before the commencement of this Act,
the interest of a tenant in respect of any accommodation has been determined
without determining the interest of any sub-tenant to whom the accommodation
either in whole or in part had been lawfully sub-let, the sub-tenant shall,
with effect from the date of the commencement of this Act, be deemed to have
become a tenant holding directly under the landlord on the same terms and
conditions on which the tenant would have held from the landlord, if the
tenancy had continued. (1)
Where a landlord recovers possession of any
accommodation from the tenant in pursuance of an order made under clause (e) or
clause (f) of sub-Section (1) of Section 12 the landlord shall not, except with
the permission of the Rent Controlling Authority obtained in the prescribed
manner, re-let the whole or any part of the accommodation within two years from
the date of obtaining such possession, and in granting such permission, the
Rent Controlling Authority may direct the landlord to put such evicted tenant
in possession of the accommodation. (2)
Where a landlord recovers possession of any
accommodation as aforesaid and the accommodation is not occupied by the
landlord if he is the owner thereof, or by the person for whose benefit the
accommodation is held, within two months of obtaining such possession, or the
accommodation having been so occupied is, at any time within two years from the
date of obtaining possession, re-let to any person other than the evicted tenant
without obtaining the permission of the Rent Controlling Authority under
sub-Section (1) or the possession of such accommodation is transferred to
another person for reasons which do not appear to the Rent Controlling
Authority to be bonafide,
the Rent Controlling Authority may, on an application made to it in this behalf
by such evicted tenant within such time as may be prescribed, direct the
landlord to put the tenant in possession of the accommodation or to pay him
such compensation as the Rent Controlling Authority thinks fit. (3)
Where the landlord makes any payment to the
tenant by way of compensation under sub-Section (7) of Section 12, the evicted
tenant shall not be liable to refund the same to the landlord on being put in
possession of the accommodation under sub-Section (1) or sub-Section (2).] (1)
In making any order on the grounds specified
in clause (g) or clause (h) of sub-Section (I) of Section 12, the Court shall
ascertain from the tenant whether he elects to be placed in occupation of the
accommodation or part thereof from which he is to be evicted, and, if the
tenant so elects, shall record the fact of the election in the order and
specify therein the date on or before which he shall deliver possession so as
to enable the landlord to commence the work of repairs or building or
re-building, as the case may be. (2)
If the tenant delivers possession on or
before the date specified in the order, the landlord shall, on the completion
of the work of repairs or building or re-building place the tenant in
occupation of the accommodation or part thereof, as the case may be, within one
month of the completion of such work. (3)
If, after the tenant has delivered possession
on or before the date specified in the order, the landlord fails to commence
the work of repairs or building or re-building within one month of the
specified date or fails to complete the work in a reasonable time or having
completed the work, fails to place the tenant in occupation of the
accommodation in accordance with sub-section (2), the Court may, on an
application made to it in this behalf by the tenant within such time as may be
prescribed, order the landlord to place the tenant in occupation of the accommodation
or part thereof or to pay to the tenant such compensation as the Court thinks
fit. Where a landlord does not
require the whole or any part of any accommodation for a particular period and
the landlord, after obtaining the permission of the Collector or such other
officer as may be authorised by him under sub-section (1) of Section 39, in the
prescribed manner, lets the whole of the accommodation or part thereof as a residence
for such period as may be agreed to in writing between the landlord and the
tenant and the tenant does not, on the expiry of the said period, vacate such
accommodation, then notwithstanding anything contained in sub-section (1) of
Section 12 or in any other law, the Court may, on a suit being filed before it
in this behalf by the landlord within such time as may be prescribed, place the
landlord in vacant possession of the accommodation or part thereof by evicting
the tenant and every other person who may be in occupation of such
accommodation. Where the landlord in
respect of any accommodation is any company or other body corporate or any
local authority or any public institution and the accommodation is required for
the use of employees of such landlord, or, in the case of a public institution,
for the furtherance of its activities, then, notwithstanding anything contained
in Section 12 or in any other law, the Court may, on a suit being filed before
it in this behalf by such landlord, place the landlord in vacant possession of
such accommodation by evicting the tenant and every other person who may be in
occupation thereof, if the Court is satisfied- (a)
that the tenant to whom such
accommodations were let for use as a residence at a time when he was in the
service or employment of the landlord, has ceased to be in such service or
employment; or (b)
that the tenant has acted in
contravention of the terms, express or implied, under which he was authorised
to occupy such accommodation; or (c)
that any other person is in
unauthorised occupation of such accommodation; or (d)
that the accommodation is
required bonafide by
the public institution for the furtherance of its activities. Explanation. -
For the purposes of this Section, "public institution" includes any
educational institution, library, hospital and charitable dispensary. Where the landlord proposes
to make any improvement in or construct any additional structure on, any
building which has been let to a tenant and the tenant refuses to allow the
landlord to make such improvement or construct such additional structure and
the Rent Controlling Authority, on an application made to it in this behalf by
the landlord, is satisfied that the landlord is ready and willing to commence
the work and that such work will not cause any undue hardship to the tenant,
the Rent Controlling Authority may permit the landlord to do such work and may
make such other order as it thinks fit in the circumstances of the case. Notwithstanding anything contained
in Section 12 where any accommodation which has been let, comprises vacant land
upon which it is permissible under the building regulations or municipal
bye-laws for the time being in force, to erect any building whether for use as
a residence or for any other purpose and the landlord proposing to erect such
building is unable to obtain possession of the land from the tenant by
agreement with him and the Rent Controlling Authority, on an application made
to it in this behalf by the landlord, is satisfied that the landlord is ready
and willing to commence the work and that the severance of the vacant land from
the rest of the accommodation will not cause undue hardship to the tenant, the
Rent Controlling Authority may- (a)
direct such severance; (b)
place the landlord in possession
of the vacant land; (c)
determine the rent payable by the
tenant in respect of the rest of the accommodation; and (d)
make such other order as it
thinks fit in the circumstances of the case. Notwithstanding anything
contained in any other law, where the interest of a tenant in any accommodation
is determined for any reason whatsoever and any decree or order is passed by a
Court under this Act for the recovery of possession of such accommodation, the
decree or order shall, subject to the provisions of Section 16, be binding on
all persons who may be in occupation of the accommodation and vacant possession
thereof, shall be given to the landlord by evicting all such persons therefrom
: Provided that nothing in
this Section shall apply to any person who has an independent title to such
accommodation. [12][CHAPTER
III-A] Eviction of
tenants on Grounds of bonafide Requirement Notwithstanding anything
contained in any other law for the time being in force or contract to the
contrary, a landlord may submit an application, signed and verified in a manner
provided in Rules 14 and 15 of Order VI of the First Schedule to the Code of
Civil Procedure, 1908 (V of 1908) as if it were a plaint to the Rent
Controlling Authority on one or more of the following grounds for an order
directing the tenant to put the landlord in possession of the accommodation,
namely :- (a)
that the accommodation let for
residential purposes is required "bonafide" by
the landlord for occupation as residence for himself or for any member of his
family, or for any person for whose benefit, the accommodation is held and that
the landlord or such person has no other reasonably suitable residential
accommodation of his own in his occupation in the city or town concerned. Explanation. -
For the purposes of this clause, "accommodation let for residential
purposes" includes- (i) ???any accommodation
which having been let for use as a ???residence
is without the express consent of the landlord, used wholly or partly for any
non-residential purpose; (ii) ??any accommodation
which has not been let under an express provision of contract for
non-residential purpose; (b)
that the accommodation let for
non-residential purposes is required "bonafide" by the landlord for the purpose of
continuing or starting his business or that of any of his major sons or
unmarried daughters, if he is the owner thereof or for any person for whose
benefit the accommodation is held and that the landlord or such person has no
other reasonably suitable non-residential accommodation of his own in his
occupation in the city or town concerned: Provided that where a person
who is a landlord has acquired any accommodation or any interest therein by
transfer, no application for eviction of tenant of such accommodation shall be
maintainable at the instance of such person unless a period of one year has
elapsed from the date of such acquisition. (1)
The Rent Controlling Authority shall issue to
the tenant a summons, in relation to every application referred to in Section
23-A, in the form specified in the Second Schedule. (2)
Save as otherwise provided in this Act, the
provisions of Order V and Order XVI of the First Schedule to the Code of Civil
Procedure, 1908 (V of 1908) regarding issue and service of summons to a defendant
and summoning and attendance of witnesses to give evidence or to produce
documents shall apply mutatis
mutandis to issue and service of any summons to a tenant or
opposite party or to a witness to give evidence or to produce documents in an
inquiry or proceeding under this Chapter. (1)
The tenant on whom the summons is served in
the form specified in the Second Schedule shall not contest the prayer for
eviction from the accommodation unless he files within fifteen days from the
date of service of the summons, an application supported by an affidavit
stating the grounds on which he seeks to contest the application for eviction
and obtains leave from the Rent Controlling Authority as hereinafter provided,
and in default of his appearance in pursuance of the summons or in default of
his obtaining such leave, or if such leave is refused, the statement made by
the landlord in the application for eviction shall be deemed to be admitted by
the tenant. The Rent Controlling Authority shall in such a case pass an order
of eviction of the tenant from the accommodation: Provided that the Rent
Controlling Authority may, for sufficient cause shown by the tenant, excuse the
delay of the tenant in entering appearance or in applying for leave to defend
the application for eviction and where ex-parte order has been passed, may set it aside. (2)
The Rent Controlling Authority shall, within
one month of the date of receipt of application, give to the tenant, if
necessary, leave to contest the application, if the application supported by an
affidavit filed by the tenant discloses such facts as would disentitle the
landlord from obtaining an order for the recovery of possession of the
accommodation on the ground specified in Section 23-A. (1)
Where leave is granted to the tenant to
contest the application, the Rent Controlling Authority shall commence the
hearing of the application as early as practicable and decide the same, as far
as may be, within six months of the order of granting of leave to the tenant to
contest application. (2)
The Rent Controlling Authority shall, while
holding an enquiry in a proceeding to which this Chapter applies, follow as far
as practicable, the practice and procedure of a Court of Small Causes including
the recording of evidence under the Provincial Small Cause Courts Act, 1887 (IX
of 1887). The Rent Controlling Authority shall as far as possible, proceed with
the hearing of the application from day to day. [13][(3)
In respect of an application by a landlord it shall be presumed, unless the
contrary is proved, the requirement by the landlord with reference to clause (a)
or clause (b), as the case may be of Section 23-A is bona fide.] (1)
Notwithstanding anything contained in Section
31 or Section 32, no appeal shall lie from any order passed by the Rent
Controlling Authority under this Chapter. (2)
The High Court may, at any time suo motu or on the application
of any person aggrieved, for the purpose of satisfying itself as to the
legality, propriety or correctness of any order passed by or as to the
regularity of the proceedings of the Rent Controlling Authority, call for and
examine the record of the case pending before or disposed of by such Authority
and may pass such order in revision in reference thereto as it thinks fit and
save as otherwise provided by this Section, in disposal of any revision under
this Section, the High Court shall, as far as may be, exercise the same powers
and follow the same procedure as it does for disposal of a revision under
Section 115 of the Code of Civil Procedure, 1908 (V of 1908) as if any such
proceeding of the Rent Controlling Authority is of a Court sub-ordinate to such
High Court. Provided that no powers of
revision at the instance of person aggrieved shall be exercised unless an
application is presented within ninety days of the date of the order sought to
be revised. The stay of the operation of
the order of eviction passed by a Rent Controlling Authority or by the High
Court shall not enure for a total period of more than six months. (1)
Where an order for the eviction of a tenant
is made on the ground specified in clause (a) of Section 23-A, the landlord
shall not be entitled to obtain possession thereof before the expiration of a
period of two months from the date of the order. (2)
Where an order for the eviction of a tenant
is made on the grounds specified in clause (b) of Section 23-A, the landlord
shall not be entitled to obtain possession thereof- (a)
before the expiration of period
of two months from the date of the order; and (b)
if the accommodation is situate
in cities of Gwalior (including Lashkar and Morar), Indore, Ujjain, Ratlam,
Bhopal, Jabalpur, Raipur or Durg or such other towns or cities specified by the
State Government by notification in that behalf, unless the landlord pays to
the tenant such amount by way of compensation as may be equal to- (i) ???double the amount of
the annual standard rent of the accommodation in the following cases: (a)
where the accommodation has, for
a period of ten complete years immediately preceding the date on which the
landlord files an application for possession thereof, been used for business
purposes or for any other purposes alongwith such purpose, by the tenant who is
being evicted; (b)
where during the aforesaid period
of ten years, the tenant carrying on any business in the accommodation has left
it and the tenant immediately succeeding has acquired the business of his
predecessor either through transfer or inheritance; (ii) ???the amount of the
annual standard rent in other cases. (3)
Where a landlord recovers possession of any
accommodation from the tenant in pursuance of an order made under clause (a) or
clause (b) of Section 23-A, the landlord shall not, except with the permission
of the Rent Controlling Authority obtained in the prescribed manner, re-let the
whole or any part of the accommodation within two years from the date of
obtaining such possession, and in granting such permission, the Rent
Controlling Authority may direct the landlord to put such evicted tenant in
possession of the accommodation. (4)
Where a landlord recovers possession of any
accommodation as aforesaid and the accommodation is not occupied by the
landlord if he is the owner thereof, or by the person for whose benefit the
accommodation is held, within two months of obtaining such possession, or the
accommodation having been so occupied is, at any time within two years from the
date of obtaining possession re-let to any person other than the evicted tenant
without obtaining the permission of the Rent Controlling Authority under
sub-Section (3) or the possession of such accommodation is transferred to
another person for reasons which do not appear to the Rent Controlling
Authority may, to be bonafide,
the Rent Controlling Authority may, on an application made to it in this behalf
by such evicted tenant within such time as may be prescribed, direct the
landlord to put the tenant in possession of the accommodation or to pay him
such compensation as the Rent Controlling Authority thinks fit. 6 (5)
Where the landlord makes any payment to the
tenant by way of compensation under sub-Section (2), the evicted tenant shall
not be liable to refund the same to the landlord on being put in possession of
the accommodation under sub-Section (3) or sub-section (4). The provisions of Section 13
shall apply mutatis mutandis in
respect of an application for recovery of possession of accommodation under
Section 23-A and in respect of proceeding for revision under Section 23-E
against final order by the Rent Controlling Authority under Section 23-C or
under Section 23-D as they apply to a suit or proceeding instituted on any of
the grounds referred to in Section 12 : Provided that no suit or
proceeding for eviction of the tenant is pending before any Court at any of its
stages in relation to the same accommodation. A landlord making a false or
frivolous application under Section 23-A or a tenant seeking either permission
to defend the application or adjournment on false or frivolous or vexatious
grounds, may be saddled with heavy compensatory costs not exceeding six months
rent of the accommodation at a time as the Rent Controlling Authority may fix. For
the purpose of this Chapter 'landlord' means a landlord who is- (i) ???a retired servant of
any Government including a retired member of Defence Services; or (ii) ???a retired servant of
a company owned or controlled either by the Central or State Government; or (iii) ??a widow or a
divorced wife; or (iv) ?physically handicapped
person; or (v) ??a servant of any
Government including a member of defence services who, according to his service
conditions, is not entitled to Government accommodation on his posting to a
place where he owns a house or is entitled to such accommodation only on
payment of a penal rent on his posting to such a place.] CHAPTER IV Deposit of Rent (1)
Every tenant shall pay rent within the time
fixed by contract or in the absence of such contract, by the fifteenth day of
the month next following the month for which it is payable. (2)
Every tenant who makes a payment of rent to
his landlord shall be entitled to obtain forthwith from the landlord or his
authorised agent, a written receipt for the amount paid to him, signed by the
landlord or his authorised agent. (3)
If the landlord or his authorised agent
refuses or neglects to deliver to the tenant a receipt referred to in
sub-Section (2), the Rent Controlling Authority may, on an application made to
it in this behalf by the tenant within two months from the date of payment and
after hearing the landlord or his authorised agent, by order direct the
landlord or his authorised agent, to pay to the tenant by way of damages, such
sum not exceeding double the amount of rent paid by the tenant and the costs of
the application, and shall also grant a certificate to the tenant in respect of
the rent paid. (1)
Where the landlord does not accept any rent
tendered by the tenant within the time referred to in Section 24 or refuses or
neglects to deliver a receipt referred to therein or where there is a bona fide doubt as to the person
or persons to whom the rent is payable, the tenant may deposit such rent with
the Rent Controlling Authority in the prescribed manner and such deposit of
rent shall be a full discharge of the tenant from the liability to pay rent to
the landlord. (2)
The deposit shall be accompanied by an
application by the tenant containing the following particulars, namely : (a)
the accommodation for which the
rent is deposited with a description sufficient for identifying the
accommodation; (b)
the period for which the rent is
deposited; (c)
the name and address of the
landlord or the person or persons claiming to be entitled to such rent; (d)
the reasons and circumstances for
which the application for depositing the rent is made; (e)
such other particulars as may be
prescribed. (3)
On such deposit of the rent being made, the
Rent Controlling Authority shall send in the prescribed manner a copy or copies
of the application to the landlord or persons claiming to be entitled to the
rent with an endorsement of the date of the deposit. (4)
If an application is made for the withdrawal
of any deposit of rent, the Rent Controlling Authority shall, if satisfied that
the applicant is the person entitled to receive the rent deposited, order the
amount of the rent to be paid to him in the manner prescribed and such payment
of rent shall be a full discharge of the Rent Controlling Authority from all
liability to pay rent to the landlord : Provided that no order for
payment of any deposit of rent shall be made by the Rent Controlling Authority
under this sub-Section without giving all persons named by the tenant in his
application under sub-Section (2), as claiming to be entitled to payment of
such rent, an opportunity of being heard and such order shall be without
prejudice to the rights of such persons to receive such rent being decided by a
Court of competent jurisdiction. (5)
If at the time of filing the application
under sub-Section (4), but not after the expiry of thirty days from receiving
the notice of deposit, the landlord or the person or persons claiming to be
entitled to the rent complains or complain to the Rent Controlling Authority
that the statements in the tenant's application of the reasons and
circumstances which led him to deposit the rent are untrue, the Rent
Controlling Authority, after giving the tenant an opportunity of being heard,
may levy on the tenant a fine which may extend to an amount equal to two
months' rent, if the Rent Controlling Authority is satisfied that the said
statements were materially untrue and may order that a sum out of the fine
realised be paid to the landlord as compensation. (6)
The Rent Controlling Authority may, on the
complaint of the tenant and after giving an opportunity to the landlord of
being heard, levy on the landlord a fine which may extend to an amount equal to
two months' rent, if the Rent Controlling Authority is satisfied that the
landlord, without any reasonable cause, refused to accept rent though tendered
to him within the time referred to in Section 24 and may further order that a
sum out of the fine realised be paid to the tenant as compensation. (1)
No rent deposited under Section 25 shall be
considered to have been validly deposited under that Section, unless the
deposit is made within twenty-one days of the time referred to in Section 24
for payment of the rent. (2)
No such deposit shall be considered to have
been validly made, if the tenant wilfully makes any false statement in his
application for depositing the rent, unless the landlord has withdrawn the
amount deposited before the date of filing an application for the recovery of
possession of the accommodation from the tenant. (3)
If the rent is deposited within the time
mentioned in sub-section (1) and does not cease to be a valid deposit for the
reason mentioned in sub-Section (2), the deposit shall constitute payment of rent
to the landlord, as if the amount deposited had been validly tendered. (1)
The withdrawal of rent deposited under
Section 25 in the manner provided therein shall not operate as an admission
against the person withdrawing it of the correctness of the rate of rent, the
period of default, the amount due, or of any other facts stated in the tenant's
application for depositing the rent under the said Section. (2)
Any rent in deposit which is not withdrawn by
the landlord or by the person or persons entitled to receive such rent shall be
forfeited to Government by an order made by the Rent Controlling Authority, if
it is not withdrawn before the expiration of five years from the date of
posting of the notice of deposit. (3)
Before passing an order of forfeiture, the
Rent Controlling Authority shall give notice to the landlord or the person or
persons entitled to receive the rent in deposit by registered post
acknowledgment due at the last known address of such landlord or person or
persons and shall also publish the notice in his office, and if the amount of
rent exceeds hundred rupees, shall also publish it in any local newspaper. CHAPTER V Appointment of
Rent Controlling Authorities, their Powers, Functions and Appeals (1)
The Collector shall, with the previous
approval of the State Government appoint an officer, not below the rank of
Deputy Collector to be the Rent Controlling Authority for the area within his
jurisdiction to which this Act applies. (2)
The Collector may, with the previous approval
of the State Government, appoint, from amongst officers, not below the rank of
a Deputy Collector, one or more Rent Controlling Authorities, as he deems fit
to assist the Rent Controlling Authority appointed under sub-Section (1). (1)
The Rent Controlling Authority shall have the
same powers as are vested in a Civil Court under the Code of Civil Procedure,
1908 (V of 1908), in any proceeding before it in respect of the following
matters, namely: (a)
summoning and enforcing the
examining him on oath; (b)
requiring the discovery and
production of documents; (c)
issuing commissions for the (d)
any other matter which may and any proceeding before
the Rent Controlling Authority shall be deemed to be a judicial proceeding
within the meaning of Section 193 and Section 228 of the Indian Penal Code,
1860 (XLV of 1860), and the Rent Controlling Authority shall be deemed to be a
civil Court within the meaning of Section 480 and Section 482 of the [15][Code
of Criminal Procedure, 1898 (V of 1898).] (2)
For the purposes of holding any inquiry or
discharging any duty under this Act, the Rent Controlling Authority may,- (a)
after giving not less than
twenty-four hours' notice in writing, enter and inspect any accommodation at
any time between sunrise and sunset; or (b)
by written order, require any
person to produce for his inspection, all such accounts, books or other
documents relevant to the inquiry at such time and at such place as may be
specified in the order. (1)
No order which prejudicially affects any
person shall be made by the Rent Controlling Authority under this Act without
giving him a reasonable opportunity of showing cause against the order proposed
to be made and until his objections, if any, and any evidence he may produce in
support of the same, have been considered by the Rent Controlling Authority. (2)
In all proceedings before if, the Rent
Controlling Authority shall consider the question of costs and award such costs
to or against any party as the Rent Controlling Authority considers reasonable. (1)
An appeal shall lie from every order of the
Rent Controlling Authority made under this Act to the District Judge or an
Additional District Judge having territorial jurisdiction (hereinafter referred
to as the Judge) and the decision of the appellate Court shall be final. (2)
An appeal under sub-Section (1) shall be
preferred within thirty days from the date of the order made by the Rent
Controlling Authority : Provided that in computing
the period of thirty days the period requisite for obtaining a copy of the
order shall be excluded : Provided further that the
Judge may for sufficient reasons allow an appeal after the expiry of the said
period. A second appeal shall lie
against any order passed in first appeal under Section 31 on any of the
following grounds and no other, namely: (i) ???that the decision is
contrary to law or usage having the force of law; or (ii)? ?that the decision has failed to determine some
material issue of law; or (iii)? ?that there has been a substantial error or
defect in the procedure as prescribed by this Act, which may possibly have
produced error or defect in the decision of the case upon merits. Clerical or arithmetical
mistakes in any order passed by a Rent Controlling Authority or the Judge or
errors arising therein from any accidental slip or omission may, at any time,
be corrected by the Rent Controlling Authority or the Judge on an application
received in this behalf from any of the parties or otherwise. Any fine imposed by a Rent
Controlling Authority under this Act shall be paid by the person fined, within
such time as may be allowed by the Rent Controlling Authority and the Rent
Controlling Authority may, for good and sufficient reason, extend the time, and
in default of such payment, the amount shall be recoverable as a fine under the
provisions of the [16][Code
of Criminal Procedure, 1898 (V of 1898)], and the Rent Controlling Authority
shall be deemed to be a Magistrate under the said Code for the purposes of such
recovery. Save
as otherwise provided in Section 34, an order made by the Rent Controlling
Authority or an order passed in appeal under this Chapter or in a revision
under Chapter III-A shall be executable by the Rent Controlling Authority as a decree of a Civil
Court and for this purpose, the Rent Controlling Authority shall have all the
powers of a Civil Court.] Save as otherwise expressly
provided in this Act, every order made by the Rent/Controlling Authority shall,
subject to decision in appeal, be final and shall not be called in question in
any original suit, application or execution proceeding. CHAPTER VI Provisions
Regarding Special Obligations of Landlords and Penalties (1)
Every landlord shall be bound to keep the
accommodation in good and tenantable repairs. (2)
If the landlord neglects or fails to make,
within a reasonable time after notice in writing, any repairs which he is bound
to make under sub-Section (1), the tenant may make the same himself and deduct
the expenses of such repairs from the rent or otherwise recover them from the
landlord : Provided that the amount so
deducted or recoverable in any year shall not exceed one-twelfth of the rent
payable by the tenant for that year. (3)
Where any repairs without which the
accommodation is not habitable or usable except with undue inconvenience are to
be made and the landlord neglects or fails to make them after notice in
writing, the tenant may apply to the Rent Controlling Authority for permission
to make such repairs himself and, may submit to the Rent Controlling Authority
an estimate of the cost of such repairs, and, thereupon, the Rent Controlling
Authority may, after giving the landlord an opportunity of being heard and
after considering such estimate of the cost and making such inquiries as it may
consider necessary, by an order in writing, permit the tenant to make such
repairs at such cost as may be specified in the order and it shall thereafter
be lawful for the tenant to make such repairs himself and to deduct the cost
thereof, which shall in no case exceed the amount so specified, from the rent
or otherwise recover it from the landlord : Provided that the amount so
deducted or recoverable in any year shall not exceed one-half of the rent
payable by the tenant for that year : Provided further that if any
repairs not covered by the said amount are necessary in the opinion of the Rent
Controlling Authority, and the tenant agrees to bear the excess cost himself,
the Rent Controlling Authority may permit the tenant to make such repairs. (1)
No landlord either himself or through any
person purporting to act on his behalf shall without just and sufficient cause
cut off or withhold any essential supply or service enjoyed by the tenant in
respect of the accommodation let to him. (2)
If a landlord contravenes the provisions of
sub-Section (1), the tenant may make an application to the Rent Controlling
Authority complaining of such contravention. (3)
If the Rent Controlling Authority on inquiry
finds that the essential supply or service enjoyed by the tenant in respect of
the accommodation was cut off or withheld by the landlord without just and
sufficient cause, it shall make an order directing the landlord to restore such
supply or service. (4)
The Rent Controlling Authority may in its
discretion direct that compensation not exceeding fifty rupees- (a)
be paid to the landlord by the
tenant, if the application under sub-Section (2) was made frivolously or
vexatiously; (b)
be paid to the tenant by the
landlord, if the landlord had cut off or withheld the supply or service without
just and sufficient cause. Explanation
I. -
In this Section, "essential supply or service" includes supply of
water, electricity, lights in passages and on staircases, conservancy and
sanitary services. Explanation
II. -
For the purposes of this Section, withholding any essential supply or service
shall include acts or omissions attributable to the landlord on account of
which the essential supply or service is cut off by the local authority or any
other competent authority. (1)
The Collector or such other Officer not below
the rank of a Deputy Collector as may be authorised by him in this behalf
(hereinafter referred to in this Chapter as the authorised officer) may, on his
own motion or on application made to him in this behalf, by general or special
order, require a landlord to give information in writing [18][within
such time as may be specified therein ] of any accommodation which has
fallen vacant or is likely to fall vacant and also require him to let or not to
let such accommodation except in accordance with such order as he may give in accordance
with the provisions of this Chapter. (2)
If any accommodation which has fallen vacant
or is likely to fall vacant is required for occupation by any person holding an
office of profit under the Union or State Government or any person in the
service of a local authority, the Madhya Pradesh Electricity Board, the Board
of Secondary Education, Madhya Pradesh, or such other body corporate as may be
specified by the State Government by a notification in the Gazette, the
Collector or the authorised officer, may, subject to the provisions of Section
40, [19][within
15 days from the date of receipt of the information given by the landlord in
pursuance of an order issued under sub-Section (1)] by order allot the
accommodation to any such person as may be specified by him in the order and
direct the landlord to put him in possession of the accommodation and the
landlord shall place him in possession immediately if it is vacant or as soon
as it becomes vacant : Provided that if the
landlord has [20][in
the information given in pursuance of an order issued under sub-section
(1)] stated that he needs the accommodation for his own occupation, the
Collector or the authorised officer, shall, if satisfied after due inquiry that
the accommodation is so needed, permit the landlord to occupy the same : Provided further that in
allotting the accommodation to any person under this sub-Section due regard
will be had, as far as possible, to the wishes of the landlord as regards the
type of the person to whom the accommodation may be allotted, as may be
indicated by him [21][in
the information given in pursuance of an order issued under sub-Section (1)]. (3)
If no order is passed and served upon the
landlord within the period specified in sub-Section (2), he shall be free to
let the vacant accommodation to any person : Provided that in a case
failing under the first proviso to sub-section (2), the period spent in an
enquiry shall be excluded. (4)
The Collector or the authorised officer may
take or cause to be taken such steps and use or cause to be used such minimum
force including police force as may, in his opinion is reasonable for securing
the compliance with, or for preventing or rectifying contravention of the Act
or rules thereunder or for the effective exercise of such power. (5)
Nothing in this Section shall apply to- (a)
any accommodation used for
residential purposes the monthly rent of which does not exceed twenty-five
rupees; (b)
any accommodation used for
non-residential purposes the monthly rent of which does not exceed fifty
rupees; (c)
any accommodation which has
fallen vacant in pursuance of an order passed under this Act for the purpose of
occupation by the landlord; (d)
any accommodation belonging to a
local authority, Company or Firm and bona fide intended solely for the occupation of its officers,
servants and agents. The Collector [22][or
the authorised officer] shall as far as possible allot accommodation under
sub-Section (2) of Section 39 in accordance with the following principles : (1)
The accommodation shall be
allotted in the following order of priority: (i) ????persons holding
office of profit under the Union or the State Government; (ii)?? ?persons in the service of a local authority,
Madhya Pradesh Electricity Board, Board of Secondary Education, Madhya Pradesh,
or such other body corporate as may be specified by the State Government by
notification. (2)
If the accommodation was occupied
by a person holding an office of profit for the Union or the State Government,
it shall be allotted to his successor: Provided that for reasons to
be recorded in writing, it may be allotted to any other person who is not a
successor of the previous occupant. (1)
In
this Section 'Proclamation of Emergency' means a Proclamation issued under
clause (1) of Article 352 of the Constitution of India. (2)
During
the period a Proclamation of Emergency remains in force the members of the
family of- (i) ????a member of the
naval, military, air or other armed forces of the Union on active duty; or (ii) ???a civil Government
servant who, during such period, takes up service in the aforesaid forces, may
notwithstanding anything- contained in this Act, be allotted accommodation at a
place to be specified by the member of the said forces or the civil Government
servant, as the case may be, by the Collector having jurisdiction over the said
place or the authorised officer, if the accommodation is vacant or is likely to
fall vacant and the said Collector or the authorised officer, as the case may
be, may direct the landlord to put the members of the family in whose favour
the accommodation has been allotted in possession of such accommodation and the
landlord shall place such members of the family in possession thereof immediately,
if the accommodation is vacant or as soon as it becomes vacant. (3)
Tenancy
of any person who has been allotted accommodation under this Section shall
terminate on the expiry of a period of one year from the date, the Proclamation
of Emergency ceases to be in force]. Where an accommodation is
allotted to a person under [24][sub-section
(2) of Section 39 of Section 40-A] he shall be deemed to be a tenant of
the landlord of such accommodation and shall be liable to pay therefor from the
date of the vacation of the accommodation- (a)
where the accommodation before it
became vacant was in occupation of a tenant, the rent payable by such tenant; (b)
where the accommodation was not previously
in occupation of a tenant, such rent as may be determined by Rent Controlling
Authority in accordance with the principles specified in Section 7: Provided that where, in
consequence of any proceedings under the first proviso to sub-section (2) of
Section 39, the accommodation remains unoccupied by the allottee for a period
exceeding fifteen days from the date of vacation thereof, the allottee shall be
liable to pay rent only for a period of fifteen days out of the period during
which it remained so unoccupied. The tenancy of any person
who has been allotted an accommodation by virtue of his office shall terminate
on the date on which he ceases to hold such office on account of transfer,
retirement or otherwise and the said person shall vacate such accommodation
within seven days of such date : Provided that the Collector
or the authorised officer may, for reasons to be recorded in writing, extend
the period for vacating the accommodation by a further period not exceeding
four months. (1)
If any person receives any rent in excess of
the standard rent as specified in clause (1) of Section 7 or as fixed by the
Rent Controlling Authority under Section 10, he shall be punishable with simple
imprisonment for a term which may extend to three months, or with fine which
may extend to a sum which exceeds the unlawful charge claimed or received in
excess of the standard rent by one thousand rupees, or with both. (2)
If any person contravenes any of the
provisions of sub-section (2) or sub-section (3) of Section 6, he shall be
punishable with simple imprisonment for a term which may extend to six months,
or with fine which may extend to a sum which exceeds the amount or value of
unlawful charge claimed or received under the said sub-Section (2) or
sub-section (3), as the case may/be, by five thousand rupees, or with both. (3)
If any tenant sub-lets, assigns or otherwise
parts with the possession of the whole or part of any accommodation in
contravention of the provisions of clause (b) of sub-section (1) of Section 12,
he shall be punishable with fine which may extend to one thousand rupees. [25][(3-a)
If any landlord re-lets or transfers the whole or any part of any accommodation
in contravention of the provisions of sub-section (1) or sub-section (2) of
Section 17, he shall be punishable with imprisonment for a term which may
extend to three months, or with fine, which may extend to one thousand rupees,
or with both.] [26][(4)
If any landlord re-lets or transfers the whole or any part of any accommodation
in contravention of the provisions of sub-section (3) or sub-section (4) of
Section 23-G, he shall be punishable with imprisonment for a term which may
extend to three months, or with fine, which may extend to one thousand rupees
or with both]. (5)? ?If any
landlord contravenes the provisions of sub-section (1) of Section 38, he shall
be punishable with imprisonment for a term which may extend to three months, or
with fine which may extend to one thousand rupees, or with both. (6)? ?If any
person contravenes the provisions of [27][sub-section
(1) or sub-section (2) of Section 39 or of sub-Section (2) of Section
40-A] he shall be punishable with simple imprisonment for a term which may
extend to three months, or with fine which may extend to one thousand rupees,
or with both. (1)
No court inferior to that of a Magistrate of
the First Class shall try any offence punishable under this Act. (2)
No Court shall take cognizance of an offence
punishable under this Act, unless the complaint in respect of the offence has
been made within three months from the date of the commission of the offence. (3)
Notwithstanding anything contained in Section
32 of the [28][Code
of Criminal Procedure, 1898 (V of 1898)], it shall be lawful for any Magistrate
of the First Class to pass a sentence or fine exceeding two thousand rupees on
a person convicted of an offence punishable under this Act. CHAPTER VII Miscellaneous (1)
Save as otherwise expressly provided in this
Act, no Civil Court shall entertain any suit or proceeding in so far as it
relates to the fixation of standard rent in relation to any accommodation to
which this Act applies or to any other matter which the Rent Controlling
Authority is empowered by or under this Act to decide, and no injunction in
respect of any action taken or to be taken by the Rent Controlling Authority
under this Act shall be granted by any Civil Court or other authority. (2)
Nothing in sub-section (1) shall be construed
as preventing a Civil Court from entertaining any suit or proceeding for the
decision of any question of title to any accommodation to which this Act
applies or any question as to the person or persons who are entitled to receive
the rent of such accommodation. Any person who attempts to
contravene or abets the contravention of any order passed or deemed to have
been passed under this Act shall be deemed to have contravened that order. If the person, who
contravenes any order made or deemed to have been made under this Act is a
company, partnership, firm or other body corporate, every director, partner,
manager, secretary or other officer or agent thereof shall, unless he proves
that the contravention took place without his knowledge or that he exercised
all due diligence to prevent such contravention, be deemed to be guilty of such
contravention. [29][The
Collector, the Rent Controlling Authority or the officer authorised by the
Collector under sub-section (1) of Section 39] shall be deemed to be
public servant within the meaning of Section 21 of the Indian Penal Code, 1860
(XLV of 1860). No suit, prosecution or
other legal proceeding shall lie against [30][the
Collector, or the Rent Controlling Authority or the officer authorised by the
Collector under sub-section (1) of Section 39] in respect of anything
which is in good faith done or intended to be done in pursuance of this Act. (1)
The State Government may, by notification in
the Official Gazette, make
rules to carry out the purposes of this Act. (2)
In particular, and without prejudice to the
generality of the foregoing power, such rules may provide for all or any of the
following matters, namely : (a)
the form and manner in which, and
the period within which, an application may be made to the Rent Controlling
Authority; (b)
the manner in which a Rent
Controlling Authority may hold an inquiry under this Act; (c)
the powers of the Civil Court
which may be vested in a Rent Controlling Authority; (d)
the manner of service of notices
under this Act; (e)
any other matter which has to be,
or may be, prescribed. (3)
All rules made under this Section shall be
laid on the table of the Assembly. (1)
The
Madhya Pradesh Accommodation Control Act, 1955 (XXIII of 1955) is hereby
repealed. [32][(2) Notwithstanding such repeal, all
suits and other proceedings under the said Act, pending at the commencement of
this Act, before any Court or other authority shall be continued and disposed
of in accordance with the provisions of the said Act as if the said Act had
continued in force and this Act had not been passed and the provisions for
appeal under the said Act shall continue in force in respect of suit and
proceedings disposed of thereunder subject, however, to the condition that no
Court fee shall be deducted by the Court as required by sub-section (3) of
Section 5 of the said Act]. First Schedule [See sub-section (3) of Section
1] S.No. Name
of District Area (1) (2) (3) Gwalior
Division 1. Gwalior Gwalior
Corporation Area Dabra Municipal
Area Pichhore
Municipal Area 2. Bhind Bhander
Municipal Area Bhind Municipal
Area Gohad Municipal
Area Mehgaon
Municipal Area Lahar Municipal
Area 3. Morena Ambah Municipal
Area Sabalgarh
Municipal Area Bijaipur
Municipal Area Morena Municipal
Area Sheopur
Municipal Area Jaura Municipal
Area 4. Shivpuri Shivpuri
Municipal Area Kolaras
Municipal Area Karera Municipal
Area Pichhore Village
Area Pohari Village
Area 5. Guna Chachora
Municipal Area (including Binagani) Ashokanagar
Municipal Area Mungaoli
Municipal Area Guna Municipal
Area Raghograh
Municipal Area 6. Datia Datia Municipal
Area Jabalpur
Division 7. Mandla Mandla Municipal
Area Nainpur Town
Area Dindori Town
Area 8. Narsimhapur Gotegaon
Municipal Area Narsinghpur
Municipal Area Kareli Municipal
Area Gadarwara
Municipal Area 9. Chhindwara Chhindwara
Municipal Area Jamai Municipal
Area Sonsar Municipal
Area Pandhurna
Municipal Area Amarwara Village
Area 10. Damoh Damoh Municipal
Area 11. Jabalpur Jabalpur
Corporation Katni Municipal
Area Sihora Municipal
Area 12. Balaghat Balaghat
Municipal Area Waraseoni
Municipal Area Katangi
Municipal Area 13. Seoni Seoni Municipal
Area 14. Sagar Sagar Municipal
Area Garhakota
Municipal Area Deori Municipal
Area Bina Municipal
Area Khurai Municipal
Area 15. Bilaspur Bilaspur
Division Bilaspur
Municipal Area Kota Municipal
Area Sirgiti Revenue
Village Sarkanda Revenue
Village Area Torwa Revenue
Village Area Tarbhar Juna
Bilaspur Revenue Village Area Gorella Revenue
Village Area Mungeli
Municipal Area Sakti Municipal
Area Champe Municipal
Area Takhatpur Gram
Panchayat Area Bilha Revenue
Village Area 16. Raigarh Raigarh
Municipal Area KharS'ia
Municipal Area Sarangarh
Municipal Area Jashpurnagar
Municipal Area 17. Surguja Ambikapur
Municipal Area Baikunthpur Municipal
Area Mahendragarh
Municipal Area Ramanujganj
Municipal Area [33][Chirmiri Town Area] Raipur
Division 18. Raipur Raipur Municipal
Area Dhamtari
Municipal Area Baloda Bazar
Gram Panchayat Area Mahasamund Gram
Panchayat Area [34][Bhatapara Municipal Area] 19. Durg Durg Municipal
Area Kawardha
Municipal Area Rajanandgaoan
Municipal Area Khairgarh
Municipal Area Bemetara
Notified Area [35][Dongargarh Municipal Area] 20. Bastar Jagdalpur
Municipal Town Kanker Municipal
Town Bhopal
Division 21. Sehore Bhopal Municipal
Area Sehore Municipal
Area Bairagarh
Notified Area [36][Ashta, Ichhawar and Berasia
Municipal Area] 22. Raisen Raisen Town Area Begumganj Town
Area Silwani Town
Area Bareli Town Area Udaipura Town
Area Obedullaganj
Town Area Ghairatganj Gram
Panchayat Area Goharganj Gram
Panchayat Area 23. Hoshangabad Harda Municipal
Area Hoshangabad
Municipal Area Itarsi Municipal
Area Sohagpur
Municipal Area Piparia Municipal
Area Seoni Malwa
Municipal Area Panchmarhi Town
Area 24. Betul Betul Municipal
Area Multai Municipal
Area Betul Bazar
Municipal Area Amla Gram
Panchayat Area 25. Vidisha Vidisha
Municipal Area Kurwai Municipal
Area Basoda Municipal
Area [37][Sironj Town Area] [38][Lateri Town Area] 26. Rajgarh Khilchipur
Municipal Area Rajgarh
Municipal Area Baiora Municipal
Area Narsinghgarh
Municipal Area Sarangpur
Municipal Area 27. Shajapur Shajapur
Municipal Area Agar Municipal
Area Susner Municipal
Area Shujalpur
Municipal Area Indore
Division 28. Indore Indore Municipal
Area Depalpur
Municipal Area Sawer Municipal
Area 29. Dewas Dewas Municipal
Area Sonkachha
Municipal Area Bagli Municipal
Area Kannod Municipal
Area Khategaon
Municipal Area 30. Dhar Dhar Municipal
Area Manawar
Municipal Area Sardarpur
Municipal Area Kuchhi Municipal
Area Badnawar
Municipal Area [39][Dhamnod Municipal Area] 31. Jhabua Jhabua Municipal
Area Thandla
Municipal Area Petlawad
Municipal Area Jobat Municipal
Area Alirajpur
Municipal Area 32. Khandwa Khandwa
Municipal Area Burhanpur
Municipal Area Harsud Municipal
Area 33. Khargone Sendhwa
Municipal Area Rajpur Municipal
Area Barwani
Municipal Area Khargone
Municipal Area Bhikangaon
Municipal Area Kasrawad
Municipal Area Barwaha
Municipal Area Maheshwar
Municipal Area Mandleshwar
Municipal Area Sanawad
Municipal Area Anjod Municipal
Area [40][Khetiya Municipal Area] 34. Mandsaur Mandsaur
Municipal Area Sitamau
Municipal Area Garoth Municipal
Area Bhanpura
Municipal Area Malhargarh
Municipal Area Manasa Municipal
Area Neemuch
Municipal Area Jawad Municipal
Area 35. Ratlam Ratlam Municipal
Area Jaora Municipal
Area Sailana
Municipal Area Alote Municipal
Area 36. Ujjain Ujjain Municipal
Area Barnagar
Municipal Area Khachraud
Municipal Area Mahidpur
Municipal Area Tarana Municipal
Area Rewa
Division 37. Rewa Rewa Municipal
Area 38. Satna Satna Municipal
Area Maihar Municipal
Area Amarpatan
Revenue Village Nagod Revenue
Village Amarpatan Gram
Panchayat Area Uchera Gram
Panchayat Area Jaitwara Gram
Panchayat Area Madhogarh Gram
Panchayat Area 39. Shahdol Shahdol
Municipal Area Umaria Municipal
Area Burhar Town Area Pali Town Area Jaithari Town
Area Kotma Town Area Bijuri Town Area Venkatangar Town
Area Anuppur Town
Area 40. Chhatarpur Chhatarpur
Municipal Area Nowgong
Municipal Area [41][Harpalpur Revenue Village Area] 41. Tikamgarh Tikamgarh
Municipal Area Jatara Gram
Panchayat Area Newari Gram
Panchayat Area 42. Panna Panna Municipal
Area 43. Sidhi [42][Sidhi Municipal Area] (See Section 23-B) Form
of summons in a case where recovery of possession of accommodation is prayed
for on grounds of "bona
fide" requirement Office of the
Rent Controlling Authority, (Place),.......... To, .............................. .............................. .............................. Eviction Case No........ Whereas Shri............ has
filed an application (a copy of which is annexed) for your eviction from (here
insert the particulars of the accommodation) on the grounds specified in clause
(a)/clause (b) of Section 23-A of the Madhya Pradesh Accommodation Control Act,
1961 (No. 41 of 1961). You are hereby summoned to
appear before the Rent Controlling Authority within fifteen days of the service
for hearing and to obtain the leave of the Rent Controlling Authority to
contest the application for eviction on the grounds aforesaid; in default
whereof the applicant will be entitled at any time after the expiry of the said
period of fifteen days to obtain an order for your eviction from the said
accommodation. Subject as aforesaid the date for further proceeding shall
be.......... Leave to appear and contest
the application may be obtained on an application to the Rent Controlling
Authority supported by an affidavit as is referred to in Section 23-C Given
under my hand and seal. This............day
of.........20....... Rent Controlling
Authority Notifications [43][(i)
Notification No. 3345-4391-II-A-(3), Bhopal, dated 4th August, 1966]. -
In exercise of the powers conferred by sub-section (3) of Section 1 of the
Madhya Pradesh Accommodation Control Act, 1961 (No. 41 of 1961) the State
Government hereby appoint the 15th August, 1966 as the date on which the said
Act shall come into force in Harpalpur village in Chatarpur District. [44][(ii)
Notification No. 906-4287-lI-(3), dated 22nd February, 1968]. -
In exercise of the powers conferred by sub-section (3) of Section 1 of the
Madhya Pradesh Accommodation Control Act, 1961 (No. 41 of 1961), the State
Government hereby appoint the 1st March, 1968, as the date on which the said
Act shall come into force in Khetiya Municipal area of Sendhwa Tehsil, District
Khargone (West Nimar). [45][(iii)
Notification No. 4434-3950-II-A (3), dated 14th August, 1968]. -
In exercise of the powers conferred by sub-section (3) of Section 1 of the
Madhya Pradesh Accommodation Control Act, 1961 (No. 41 of 1961), the State
Government hereby appoint the 15th August, 1968, as the date on which the said
Act shall come into force in Ashta, Ichhawar and Berasia Municipal areas of
Sehore District. [46][(iv)
Notification No. 331-6474-II-A (3), Bohpal dated the 24th January, 1978]. -
In exercise of the powers conferred by sub-section (3) of Section 1 of the
Madhya Pradesh Accommodation Control Act, 1961 (No. 41 of 1961), the State
Government hereby appoints the date of publication of this Notification in the
Madhya Pradesh Gazette as the date on which the said Act shall come into force
in the Dhamnod Municipal Area in Dhar District. [47][(v)
Notification No. F 13-1-73-11 A (3), Bhopal, dated 18th September, 1973]. -
In exercise of the powers conferred by sub-section (3) of Section 1 of the
Madhya Pradesh Accommodation Control Act, 1961 (No. 41 of 1961), the State
Government hereby appoints the date of publication of this notification in the
"Madhya Pradesh Rajpatra" as the date on which the said Act shall
come into force in the areas comprised in the Dongargarh Municipality in
Rajnandgaon District of Raipur Division. [1] Substituted for the original long title
by MP Act 16 of 1983, w.e.f. 16-8-1983. [2] Substituted by MP Act 27 of 1983 for the
word 'Schedule' w.e.f. 16-8-1983. [3] The Act came into force on the 15th day
of May, 1962 in the area of Bhatapara Municipality in Rajpur District vide Home
Department Notification No. 1731 -1280-ll-A (3). dated the 26th April, 1962,
published in the MP Gazette, dated the 11th May, 1962, Part I, p. 903. [4] Substituted by MP Act 27 of 1983, for
the word 'Schedule' (w.e.f. 16-8-1983). [5] Substituted by M.P. Act 10 of 1965. [6] Inserted by MP 7 of 1985 (w.e.f.
16-1-1985). [7] Deleted by MP Act 27 of 1983 (w.e.f.
16-8-1983) and again inserted by MP Act 7 of 1985 (w.e.f. 16-1-1985). [8] Sub-Sections (4), (5) and (6) deleted by
MP Act 27 of 1983. (w.e.f. 16-8-1983) and again inserted by MP Act 7 of 1985
(w.e.f. 16-1-1985). [9] Sub-Section (1) and (2) substituted by
MP Act 27 of 1983 (w.e.f. 16-8-1983). [10] Substituted by MP Act 27 of 1983 (w.e.f,
16-8-1983). [11] Omitted by M.P. Act 27 of 1983, Section
6 w.e.f. 16-8-1983 and inserted by MP Act 7 of 1985 (w.e.f. 16-1-1985). [12] Chapter III-A inserted by MP Act 27 of
1983 (w.e.f. 16-8-1983). [13] Substituted by MP Act 7 of 1985 (w.e.f.
16-1-1985). [14] Inserted by MP Act 7 of 1985 (w.e.f.
16-1-1985). [15] See now Code of Criminal Procedure, 1973
(2 of 1974). [16] See now Code of Criminal Procedure. 1973
(2 of 1974) [17] Substituted by MP Act 27 of 1983 w.e.f.
16-8-1983. [18] Substituted by M.P. Act 10 of 1965,
Section 4 (i). [19] Substituted by M.P. Act 10 of 1965, Section
4 (ii) (a). [20] Substituted by M.P. Act 10 of 1965,
Section 4(iv) (a). [21] Substituted by M.P. Act 10 of 1965,
Section 4(iv) (a). [22] Inserted by M.P. Act 10 of 1965, Section
5. [23] Inserted by M.P. Act 10 of 1965, Section
5. [24] Substituted by M.P. Act 10 of 1965,
Section 7. [25] Inserted by MP Act 7 of 1985, w.e.f.
16-1-1985. [26] Substituted by MP Act 27 of 1983, w.e.f.
16-8-1983. [27] Substituted by M.P. Act 10 of 1965,
Section 8. [28] See now Code of Criminal Procedure, 1973
(2 of 1974). [29] Substituted by M.P. Act 10 of 1965,
Section 9. [30] Substituted by M.P Act 10 of 1965,
Section 10. [31] Substituted by M.P. Act 10 of 1965, for
the figure '52'. [32] Substituted by MP Act 29 of 1972, w.e.f.
22-9-1972. [33] See under Notifications for Notification
extending to this area. [34] Act extended to Municipal Area from
15-5-62 vide Notification No. 1731-1280-II-A (3), dated 26-4-62, published in
MP Rajpatra, dated 11-5-62, Part I, p. 903. [35] See under Notifications for Notification
extending to these areas. [36] See under Notifications for Notification
extending to these areas. [37] Act extended to Sironj and Lateri in
Vidisha District from 1st June, 1962, vide Notification No, 1950-418-11-A(3),
dated 10th May, 1962, published in MP Rajpatra, dated 25th May, 1962, Part I,
p. 1016. [38] Act extended to Sironj and Lateri in
Vidisha District from 1st June, 1962, vide Notification No, 1950-418-11-A(3),
dated 10th May, 1962, published in MP Rajpatra, dated 25th May, 1962, Part I,
p. 1016. [39] See under Notifications for notification
extending to these areas. [40] See under Notifications for notification
extending to these areas. [41] See under Notifications for notification
extending to this area. [42] Act extended to Sidhi Municipal Area
from 1-7-1964 vide Notification No. 2285-1516-II-A(3), dated 26-5-1964
published in MP Rajpatra, dated 5-6-64, Part-I, page 1135. [43] Published in MP Rajpatra, Part I. dated
12-8-66 Page 1416. [44] Published in MP Rajpatra, Part I, dated
8-3-1968, page 340. [45] Published in MR Rajpatra, Part I, dated
23-8-1968, page 1205. [46] Published in MP Rajpatra, Part I, dated
24th March, 1978, page 281. [47] Published in MP Rajpatra, Pari I, dated
19-10-1973, page 1574.Madhya
Pradesh Accommodation Control Act, 1961
Second Schedule