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. [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 [first Schedule], It shall [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 [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, [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; [(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. [(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. [(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. [(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. [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 (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 (2) Save as otherwise provided in this Act, the provisions of Order V and
Order XVI of the (1) The tenant on whom the summons is served in the form specified in the
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. [(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 [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 [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 [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, [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 [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 [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 [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 [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. [(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.] [(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 [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 [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. [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 [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. [(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]. [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 [Chirmiri Town Area] Raipur Division 18. Raipur Raipur Municipal Area Dhamtari Municipal Area Baloda Bazar Gram Panchayat Area Mahasamund Gram Panchayat Area [Bhatapara Municipal Area] 19. Durg Durg Municipal Area Kawardha Municipal Area Rajanandgaoan Municipal Area Khairgarh Municipal Area Bemetara Notified Area [Dongargarh Municipal Area] 20. Bastar Jagdalpur Municipal Town Kanker Municipal Town Bhopal Division 21. Sehore Bhopal Municipal Area Sehore Municipal Area Bairagarh Notified Area [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 [Sironj Town Area] [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 [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 [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 [Harpalpur Revenue Village Area] 41. Tikamgarh Tikamgarh Municipal Area Jatara Gram Panchayat Area Newari Gram Panchayat Area 42. Panna Panna Municipal Area 43. Sidhi [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 [(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. [(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). [(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. [(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. [(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.The M.P. Accommodation Control Act, 1961