History of passing of the Act
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. Short title, extent and commencement. – (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.
2. Definitions. – 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.
3. Act not to apply to certain accommodations. – (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
4. Provisions of the Chapter not to apply to certain accommodations for specified period. – 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.
5. Rent in excess of standard rent not recoverable. – (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.
6. Unlawful charges not to be claimed or received. – (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.
7. Standard rent. – “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 6¾
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.
8. Lawful increase of standard rent in certain cases and recovery of other charges. – (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.
9. Notice of increase of rent. – (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.
10. Rent Controlling Authority to fix standard rent, etc. – (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.
11. Fixation of interim 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
[11A. Certain provisions not to apply to certain categories of landlords. – 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.]
12. Restriction on eviction of tenants. – (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.
13. When tenant can get benefit of protection against eviction. – [(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.]
14. Restrictions on sub-letting. – (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.
15. Notice of creation and termination of sub-tenancy. – (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.
16. Sub-tenant to be tenant in certain cases. – (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.
[17. Recovery of possession for occupation and re-entry. – (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).]
18. Recovery of possession for repairs and re-building and re-entry. – (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.
19. Recovery of possession! in ease of tenancies for limited period. – 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.
20. Special provision for recovery of possession in certain cases. – 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.
21. Permission to construct additional structures. – 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.
22. Special provision regarding vacant building sites. – 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.
23. Vacant possession to landlord. – 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
23A. Special provision for eviction of tenant on ground of bonafide requirement. – Notwithstanding
anything contained in any other law for the time being in force or contract to the contrary, a landlord
may submit an application, signed and verified in a manner provided in Rules 14 and 15 of Order VI of
the First Schedule to the Code of Civil Procedure, 1908 (V of 1908) as if it were a plaint to the Rent
Controlling Authority on one or more of the following grounds for an order directing the tenant to put
the landlord in possession of the accommodation, namely :-
(a) that the accommodation let for residential purposes is required “bonafide” by the landlord for
occupation as residence for himself or for any member of his family, or for any person for whose
benefit, the accommodation is held and that the landlord or such person has no other reasonably suitable residential accommodation of his own in his occupation in the city or town concerned.
Explanation. – For the purposes of this clause, “accommodation let for residential purposes” includes-
(i) any accommodation which having been let for use as a residence is without the express
consent of the landlord, used wholly or partly for any non-residential purpose;
(ii) any accommodation which has not been let under an express provision of contract for non-
residential purpose;
(b) that the accommodation let for non-residential purposes is required “bonafide” by the landlord
for the purpose of continuing or starting his business or that of any of his major sons or
unmarried daughters, if he is the owner thereof or for any person for whose benefit the
accommodation is held and that the landlord or such person has no other reasonably suitable
non-residential accommodation of his own in his occupation in the city or town concerned:
Provided that where a person who is a landlord has acquired any accommodation or any interest
therein by transfer, no application for eviction of tenant of such accommodation shall be maintainable
at the instance of such person unless a period of one year has elapsed from the date of such
acquisition.
23B. Rent Controlling Authority to issue summons in relation to every application under Section 23-A.
– (1) The Rent Controlling Authority shall issue to the tenant a summons, in relation to every application
referred to in Section 23-A, in the form specified in the Second Schedule.
(2) Save as otherwise provided in this Act, the provisions of Order V and Order XVI of the First Schedule
to the Code of Civil Procedure, 1908 (V of 1908) regarding issue and service of summons to a
defendant and summoning and attendance of witnesses to give evidence or to produce documents
shall apply mutatis mutandis to issue and service of any summons to a tenant or opposite party or to a
witness to give evidence or to produce documents in an inquiry or proceeding under this Chapter.
23C. Tenant not entitled to contest except under certain circumstances. – (1) The tenant on whom the
summons is served in the form specified in the Second Schedule shall not contest the prayer for
eviction from the accommodation unless he files within fifteen days from the date of service of the
summons, an application supported by an affidavit stating the grounds on which he seeks to contest
the application for eviction and obtains leave from the Rent Controlling Authority as hereinafter
provided, and in default of his appearance in pursuance of the summons or in default of his obtaining
such leave, or if such leave is refused, the statement made by the landlord in the application for eviction
shall be deemed to be admitted by the tenant. The Rent Controlling Authority shall in such a case pass
an order of eviction of the tenant from the accommodation:
Provided that the Rent Controlling Authority may, for sufficient cause shown by the tenant, excuse the
delay of the tenant in entering appearance or in applying for leave to defend the application for eviction
and where ex-parte order has been passed, may set it aside.
(2) The Rent Controlling Authority shall, within one month of the date of receipt of application, give to
the tenant, if necessary, leave to contest the application, if the application supported by an affidavit filed
by the tenant discloses such facts as would disentitle the landlord from obtaining an order for the
recovery of possession of the accommodation on the ground specified in Section 23-A.
23D. Procedure to be followed by Rent Controlling Authority or grant of leave to tenant to contest. – (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.]
23E. Revision by High Court. – (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.
23F. Duration of stay. – 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.
23G. Recovery of possession for occupation and re-entry. – (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).
23H. Deposit of rent pending proceedings for eviction or for revision. – 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.
23I. False and frivolous application etc. – 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.
[23J. Definition of landlord for the purposes of Chapter III-A. – 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
24. Receipt to be given for rent paid. – (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.
25. Deposit of rent by tenant. – (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.
26. Time limit for making deposit and consequences of incorrect particulars in application for
deposit. – (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.
27. Saving as to acceptance of rent and forfeiture of rent in deposit. – (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
28. Appointment of Rent Controlling Authority. – (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).
29. Powers of Rent Controlling Authority. – (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.
30. Procedure to be followed by Rent Controlling Authority. – (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.
31. Appeal to District Judge or Additional District Judge. – (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.
32. Second appeal. – 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.
33. Amendment of orders. – 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.
34. Rent Controlling Authority to exercise powers of Magistrate for recovery of fine. – 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.
[35. Rent Controlling Authority to exercise powers of Civil Court for execution of other order. – 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.]
36. Finality of order. – 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
37. Landlord’s duty to keep accommodation in good repair. – (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.
38. Cutting off or withholding essential supply or service. – (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.
39. Control of letting. – (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.
40. Allotment of accommodation. – 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.
[40A. Special provision of allotment during emergency. – (1) In this Section ‘Proclamation of
Emergency’ means a Proclamation issued under clause (1) of Article 352 of the Constitution of India.
(2) During the period a Proclamation of Emergency remains in force the members of the family of-
(i) a member of the naval, military, air or other armed forces of the Union on active duty; or
(ii) a civil Government servant who, during such period, takes up service in the aforesaid forces, may
notwithstanding anything- contained in this Act, be allotted accommodation at a place to be
specified by the member of the said forces or the civil Government servant, as the case may be,
by the Collector having jurisdiction over the said place or the authorised officer, if the
accommodation is vacant or is likely to fall vacant and the said Collector or the authorised
officer, as the case may be, may direct the landlord to put the members of the family in whose
favour the accommodation has been allotted in possession of such accommodation and the
landlord shall place such members of the family in possession thereof immediately, if the
accommodation is vacant or as soon as it becomes vacant.
(3) Tenancy of any person who has been allotted accommodation under this Section shall terminate on
the expiry of a period of one year from the date, the Proclamation of Emergency ceases to be in force].
41. Liability of person allotted accommodation to pay rent. – 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.
42. Termination of tenancy. – 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.
43. Penalties. – (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.
44. Cognizance of offences. – (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
45. Jurisdiction of Civil Courts barred in respect of certain matters. – (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.
46. Abetment of contravention punishable as contravention. – 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.
47. Liability of contravention in case of company, firm etc. – 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.
48. Rent Controlling Authority to be public servant. – [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).
49. Protection of action taken in good faith. – 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.
50. Power to make rules. – (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.
[51. Repeal and savings. – (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].
First Schedule
S.No. – Name of District – Area
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
41. Tikamgarh Tikamgarh Municipal Area
Jatara Gram Panchayat Area
Newari Gram Panchayat Area
42. Panna Panna Municipal Area
43. Sidhi [Sidhi Municipal Area]
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,
…………………………
…………………………
…………………………
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.
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.
