[Act No. 10 of 1965] [20th March, 1965] An
Act to amend the Madhya Pradesh Accommodation Control Act, 1961 Be it
enacted by the Madhya Pradesh Legislature in the Sixteenth Year of the Republic
of India as follows:-- This
Act may be called the Madhya Pradesh Accommodation Control (Amendment) Act,
1965. In
paragraph (c) of clause (2) of section 7 of the Madhya Pradesh Accommodation
Control Act, 1961 (No. 41 of 1961) (hereinafter referred to as the principal
Act), for the words "by such amount as would bear the same proportion to
the rent as the increase bears to the amount of tax", the words "by
an amount equal to such increase" shall be substituted. After
section 20 of the principal Act, the following section shall be inserted,
namely:- "20-A. Special provision for recovery of possession
for member of family of landlord killed while in active service in military Where
the landlord in respect of any accommodation being a member of the naval,
military, air or other armed forces of the Union dies on active duty, and the
said accommodation or part thereof is required for the bonafide residence of a
member of his family, the Court may, on an application by such member of the
family, place him in vacant possession of such accommodation or part thereof,
as the case may be, by evicting the tenant or every other person who may be in
occupation thereof, if the Court is satisfied-- (a)
that the landlord was the owner of such
accommodation; and (b)
that the member of the family is in need of
the accommodation or part thereof for his residence and no other suitable
alternative accommodation is possessed by him." In
section 39 of the principal Act,-- (i)
in sub-section (1), after the words "in
writing", the words "within such time as may be specified therein"
shall be inserted; and (ii)
in sub-section (2)-- (a)
for the words, figures and brackets,
"within 15 days of the date of order issued under sub-section (1)",
the words, figures and brackets "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)" shall be substituted; and (b)
in the first and second provisos for the
words, figure and brackets "within fifteen days of the date of the order
issued under sub-section (1)", the words, brackets and figure "in the
information given in pursuance of an order issued under sub-section (1)"
shall be substituted. In
section 40 of the principal Act, after the words "The Collector", the
words "or the authorised officer" shall be inserted. After
section 40 of the principal Act, the following section shall be inserted,
namely:- "40-A. Special provision of allotment during
emergency (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." In
section 41 of the principal Act, for the word and figures "section
40", the words, figures, letter and brackets "subsection (2) of
section 39 or section 40-A" shall be substituted. In
sub-section (6) of section 43 of the principal Act, for the words, brackets and
figures "the provisions of subsection (2) of section 39", the words,
brackets, letter and figures "the provisions of sub-section (1) or
sub-section (2) of section 39 or of sub-section (2) of section 40-A" shall
be substituted. In
section 48 of the principal Act, for the words "A Rent Controlling
Authority appointed under his Act" the words, figures and brackets
"The Collector, the Rent Controlling Authority or the officer authorised
by the Collector under sub-section (1) of section 39", shall be
substituted In
section 49 of the principal Act for the words "any Rent Controlling
Authority", the words, figures and brackets "the Collector, the Rent
Controlling Authority or the officer authorised by the Collector under
sub-section .0) of section 39", shall be substituted. Section
53 of the Principal Act shall be renumbered as section 51. The
amendments made by sections 2 and 11 shall be deemed to have formed part of the
principal Act from the commencement thereof. The.
Madhya Pradesh Accommodation Control (Amendment) Ordinance, 1964 (No. 14 of
1964) is hereby repealedTHE MADHYA PRADESH ACCOMMODATION CONTROL MADHYA PRADESH
ACT, 1965
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