MADHYA PRADESH ACCOMMODATION CONTROL RULES, 1966

 

PREAMBLE

In exercise of the powers conferred by Section 50 of the Madhya Pradesh Accommodation Control Act, 1961 (No. 41 of 1961) the State Government hereby makes the following rules, namely:

CHAPTER I PRELIMINARY

Rule - 1. Short-title.

These rules may be called The Madhya Pradesh Accommodation Control Rules, 1966.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires :

(a)      "Act" means the Madhya Pradesh Accommodation Control Act, 1961;

(b)      "authorised agent" means a person holding a power of attorney authorising him to act on behalf of his principal or an agent empowered by written authority under the hand of his principal;

(c)      "form" means a form appended to these rules;

(d)      "section" means a Section of the Act.

CHAPTER II APPLICATIONS TO THE RENT CONTROLLING AUTHORITY

Rule - 3. Application under Section 10 (1), sub-Section (1) of Section 17.

(1)     Every application to the Rent Controlling Authority under Section 10 or sub-Section (1) of Section 17 [1][x x x] shall be in Form A.

(2)     An application for permission to re-accommodation under sub-Section (1) of Section 17 shall also state the grounds on which the accommodation is sought to be re-let in whole or in part.

Rule - 4. Application for re-entry.

An application by a tenant under sub-Section (2) of Section 17 or under sub-Section (3) of Section 18 for putting him in possession of the accommodation or part thereof shall be made within six months from the date on which the cause of action for re-entry arises and shall state the grounds on which such possession is claimed.

Rule - 5. Application for recovery of possession under Section 19.

An application for recovery of possession under Section 19 by the landlord shall be made within six months from the date of expiry of the period of tenancy.

Rule - 6. Form of other application.

An application not hereinbefore specified in these rules shall, so far as may be, be made in Form A and shall state the grounds on which it is made.

Rule - 7. Manner in which applications are to be made.

(1)     Every application under the Act shall be signed and verified in the manner prescribed under Rules 14 and 15 of Order VI of the First Schedule to the Code of Civil Procedure, 1908, and shall be presented by the applicant or his authorised agent to the Rent Controlling Authority or to the Collector or the Court, as the case may be.

(2)     Every such application shall be accompanied by a copy or sufficient number of copies thereof for service on the non-applicant or non-applicants mentioned therein.

Rule - 8. Appearance before Rent Controlling Authority.

A party may appear before the Rent Controlling Authority or the Collector or the Court either in person or by an authorised agent provided that if any of the said authority so directs the party shall appear in person.

CHAPTER III RECEIPT AND DEPOSIT OF RENT

Rule - 9. Receipt of Rent.

A receipt required to be given by the landlord or his authorised agent under sub-Section (2) of Section 24 in respect of rent paid for any accommodation shall be in Form B.

Rule - 10. Deposit of Rent.

(1)     A deposit of rent under Section 25 shall be made in cash and shall be accompanied by an application by the tenant in Form C.

(2)     On such deposit being made, the Rent Controlling Authority shall send a copy or copies of the application accompanying the deposit, by registered post to the person or persons claiming to be entitled to the rent with an endorsement of the date of the deposit.

Rule - 11. Payment of rent deposited.

The Rent Controlling Authority shall order the amount of rent deposited to be paid to the landlord or persons entitled to the rent either in cash or by cheque.

Rule - 12. Accounting of deposit.

Subject to the provisions of Section 27 all sums deposited shall be treated as civil Court deposits and accounted for and dealt with according to the rules of civil deposits in force in civil Courts in Madhya Pradesh.

CHAPTER IV FEES

Rule - 13. Process fees.

(1)     Process fees for processes under the Act shall be levied as prescribed in the rules by the Madhya Pradesh High Court under Section 20 of the Court Fees Act, 1870, as to cost of processes in civil Courts.

(2)     For the purpose of this rule, the Court of the Rent Controlling Authority shall be deemed to be civil Court of Third Grade.

CHAPTER V NOTICE

Rule - 14. Notice relating to sub-tenancy.

A notice of the creation or termination of a sub-tenancy required under Section 15 shall be in Form D.

Rule - 15. Service of notice, etc.

Unless otherwise provided by the Act, any notice or intimation required or authorised by the Act to be served on any person shall be served

(a)      by delivering it to the person; or

(b)      by forwarding it to the person by registered post with acknowledgment due.

CHAPTER VI MISCELLANEOUS

Rule - 16. Code of Civil Procedure to be generally followed.

In deciding any question relating to procedure not specifically provided by the Act and these rules, the Rent Controlling Authority shall, as far as possible, be guided by the provisions contained in the Code of Civil Procedure, 1908.

Rule - 17. Registers to be maintained by the Rent Controlling Authority.

The Rent Controlling Authority shall maintain such of the registers prescribed for use in civil Court as may be necessary.

Rule - 18. Repeal and saving.

Any rules corresponding to these rules in force immediately before the commencement of these rules are hereby repealed:

Provided that anything done or any action taken under the rules so repealed shall, so far as it is not inconsistent with the provisions of these rules, be deemed to have been done or taken under the corresponding provisions of these rules.