The Madhya Pradesh Accommodation Control Act, 1961 (in short The Act) The Accommodation Act is an Act to provide the legislation and control of letting and rent of accommodation. It provides the law relating to expeditious trial of eviction cases on ground of bonafide requirement of landlord.
Scheme of The Act.
The Act is divided into 7 Chapters including 51 Sections and two schedule. The Act No. of the Act is 41 of 1961. The Act got assent of President on 25 December, 1961.
It published in the official Gazette of Madhya Pradesh on 30 December, 1961.
Chapter 1 of The Act is related with preliminary matters. There are 3 [from 1 to 3] sections in this chapter. It mainly concerns with short name, extent and commencement of the Act.
Section 2 provides the definition of following words namely-
2(c) Lawful increase,
2(e) Member of the family,
2(f) Rent Controlling Authority,
2(g) Repealed Act,
2(h) Standard Rent,
Section 3 provides that the Act shall not apply to accommodation which is the property of Government and property of local authority used exclusively for non-residential purposes. Further the government may exempt any accommodation from the application this Act 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 utilized for that institution or nursing home.
Chapter two [Sec.4 to 11] of the Act is relating to provisions regarding rent. This chapter deals following matters – Section 4 deals with the non application of this chapter to accommodations built 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.
Section 5 of the Act declares that no tenant shall be liable to pay any amount in excess of the standard rent, in spite of the contrary agreement. Section 6 provides that no person shall claim or receive any rent in excess of the standard rent.It also prohibits any premium or pugaree or cash any consideration in addition to the rent.
Section 7 and 8 deals with standard rent and lawful increase in standard rent. Section 9 is related with the notice of increase rent. As per section 10 Rent Controlling Authority shall fill the standard rent. if the application is pending under section 10, Rent Controlling Authority may fix interim rent under section 11.Chapter 3 [11 to 23] of the Act deals with the control of eviction of tenant.Section 11 A deals with non application of the chapter to the landlords defined in section 23 J of 3 A. Section 12 provides the grounds of eviction of tenant. The grounds mentioned under section 12 are as follows.-
- Tenant has not paid the arrears of rent within two months of notice of demand.
- Tenant has unlawfully sub let or assigned or otherwise parted the possession of accommodation
- Tenant has created nuisance.
- Accommodation has not been used without reasonable cause for continuance period of six months.
- Bonafide requirement of residential accommodation by landlord for his or his family residence purposes.
- Bonafide requirement of non-residential accommodation by landlord for the business.
- Accommodation has become unsafe, unfit for human habitant.
- Accommodation is required bonafide for building, rebuilding or alteration.
- Tenant has built, acquired vacant possession or been allotted accommodation for his residence.
- The employment or service of the tenant has ceased.
- Tenant has caused substantial damage to the accommodation.
- Tenant has given written notice to quit.
- Tenant has without written permission made construction to accommodation which has materially altered the accommodation to deterioration.
- In case of open accommodation landlord required for constructing a house.
- Tenant has taken more possession of the accommodation than the agreement.
- Tenant has been convicted for an offence connected with accommodation or using the accommodation for illegal purposes.
Chapter III A.
Chapter III.A which was inserted in 1983 by the amendment; consists of sections 23-A to Sections 23-J. This chapter contains the provisions relating to eviction of tenant on the ground of bonafide requirement.
Chapter [Ss.24-27] provides the law relating to deposit of rent. Section 24 deals receipt of deposit of rent paid. Section 25 provides the rules for deposit of rent by tenant. Section 26 deals with the time limit for deposit of rent and consequences of incorrect particulars.
Chapter V sections 28 to 36 deals with appointment of rent control authority, their powers, functions and appeals. Section 28 deals with the appointment of rent control authority. Section 29 deals with the powers of rent control authority. Section 30 deals with the procedure to be followed by Rent Controlling authority. Section 31 and 32 provides the provisions of appeal. 31 deals with appeal to DJ and ADJ while 32 days with second appeal. Section 33 provides clerical and arithmetical mistakes to be corrected. Section 34 deals with rent controlling authority to exercise the powers of magistrate for recovery of fine. 35 deals with rent control in order to exercise powers of Civil Court for execution of other orders. Section 36 provides finality of orders.
Chapter VI of the act consist of sections 37 to 43. This chapter deals with provisions regarding special obligations of landlord and penalties. Section 37 provides the landlord’s duty to keep accommodation in good condition. Section 38 provides landlord shall not cut or withhold the essential supply or services without just and sufficient cause to the accommodation. Section 39 deals with controlling of letting, the collector or deputy collector may on his own motion or application made to him, require landlord to give information in writing of any vacant accommodation or likely to be vacant. Section 40 deals with allotment of accommodation. The collector as soon as possible allot the accommodation under section 39 on the principles given under section 40. Section 40.A which was substituted in 1965 by the MP act No 10 of 1965, it provides special provision for allotment during emergency. Section 41 deals with the liability of person allotted accommodation to pay rent. where an Accommodation is allotted to a person under section 39 clause 2, Section 48 he shall be deemed to be a tenant and shall be liable to pay rent. Section 42 deals with termination of tenancy. Where an accommodation has been allotted to a person by virtue of his office shall terminate on the date on which he ceased to hold such office, but the collector may extend up to 4 months while writing a reason.
Section 43 of the Act deals with penalties. It provides following penalties-
- 3 Months/ Fine ₹1000/ – for violating section 7 (1) and Section 10.
- 6 Months/ 5000₹/Excess Money – for violating section 6(2) and 6(3)
- Fine 1000₹ – in contravention of sections 12(1)(b)- sub-letting.
- 3 Months/Fine.1000₹/Both- for contravention of sections 17(1) and 17(2)
- 3 Months/Fine,1000₹/Both- for violating section 23.G(3) and 23.G(4).
- 3 Months/Fine,1000₹/Both- – for violating section 38(1)
- 3 Months/Fine,1000₹/Both – for violating section 39(1), 39(2),40.A(2).
Chapter VII which is the last chapter of the act contains section 45 to 51. This chapter and miscellaneous provisions for example section 45 provides that no civil court shall try any civil suit for fixation of standard rent and other matter for this act apply. According to Section 46 if any person who contravenes or abets the contravention of any order passed under this act shall be deemed to have contravened that order. Section 47 provide the liability of firm. If the person who contravenes an order made under this act is a company or firm or other body corporate every director, partner, manager, secretary, other officer or agent, shall unless he proves that contravention took place without his knowledge or that he exercised due diligence to prevent such contravention, be deemed to be guilty of such contravention. Section 48 declares that Collector Rent Controlling authority and other officers authorised by the collector under section 39 clause (1) Shall be deemed to be public servant under Section 21 of the Indian penal code 1860. Section 49 provides that no suit or other legal proceeding against the collector, rent controlling authority or other officers authorised by collector under section 39(1) in respect of anything which is done in good faith in persons of this act. Under section 50 state government may make rules. Section 51 deals with repeal and savings. It repeals the MP accommodation Control Act 1955.