MP ACCOMONDATION CONTROL ACT 1961: Detailed Notes
MP ACCOMONDATION CONTROL ACT 1961: Detailed Notes
INTRODUCTION
· Received
assent from PRESDIENT on -25.12.1961.
· Assent
first published in Madhya Pradesh gazette 30.12.1961.
· An
act to provide for:
o
Regulation and control of letting and rent
of accommodation.
o
To provide expeditious trial of eviction
cases on ground of bonafide requirement of certain categories of landlord.
o
To regulate and control eviction of
tenants from accommodations and for other matter connected therewith.
Total
6 CHAPTER, 51 sections
1. Preliminary
2. Provisions
regarding rent
3. Control
of evictions of tenants.
3A.
Eviction of tenant on ground of” Bonafide “ requirement
4. Deposit
of rent
5. Appointment
of rent controlling authorities, power, function and appeals
6. Provision
regarding special obligation of landlords and penalties.
7. Miscellaneous
1. Short
title, extent and commencement.
1) MP,
Accommodation
control act 1961.
2) Extend
to whole of MP.
3) The
act in first instance shall apply in areas specified in 1st
schedule,
a. Shall
came into force in other areas- as state govt. may by notification specify.
4) The
provision of MP accommodation control act shall be applicable in specified
areas.
2. Definitions
(a-i)
A. Accommodation
B. Landlord
C. Lawful
increase
D. lease
E. Member
of family
F. Rent
controlling authority
G. Repealed
act
H. Standard
rent
I. Tenant.
a. Accommodation-
i. Means
building or part of building,
ii. Whether
residential or non-residential,
iii. Any
land but not used for agricultural purposes,
iv. Garden,
grounds, garages, out houses, appurtenant to such building or part of the
building.
v. Any
fittings affixed to such building or part of a building for more beneficial
enjoyment ,
vi. Any
furniture supplied by landlord for use in such building or part of building.
vii. Following
not included in accommodation
1. Agricultural
land
2. Government’s
school building
3. Land
used for agricultural purposes.
4. Dal
mill is not an accommodation within meaning of section 2 (A) held in case of Uttam
Chand v. S.M. Lalwani.
b. Landlord:
i. Person
entitled to receive the rent of any accommodation on his own account ,
ii. or
on account of on behalf of for the benefit of any other person as a trustee,
guardian, receiver,
iii. and
includes every person not being a tenant who derives title under a landlord.
So if wife is the owner
of the accommodation and the husband recovers rent from the tenant then
landlord according to section 2(B) would be both husband and wife.
c. Lawful
increase- increase in rent permitted under section 8 of act and
notice given as per section 9.
So, lawful increase means
increase in rent permitted under the provisions of the act and NOT lawful
increase in rent permitted by rent controlling authority.
d. Lease
– includes sub lease.
e. Member
of the family.
i. Spouse,
ii. Son,
(but
not grandson living separately)
iii. Unmarried
daughter, (not married daughter)
iv. Father,
Grandfather
v. Mother,
grandmother,
vi. Brother
,unmarried sister,( sister son and daughter also is not member of the family)
vii. Paternal
uncle,
viii.
paternal uncle’s wife or widow,
ix. Or
brother’s son or unmarried daughter- living jointly with or any other relation
dependent on him.
f. Rent
controlling authority-appointed under s. 28.
g. Repealed
act- means MP accommodation control act 1955, repealed under section 51.
h. Standard
rent- as referred in section 7 or when increased under section 8.
·
SR may be fixed by
RCA.
i. Tenant-
i. On
whose account or behalf the rent of any accommodation would be payable (for a
contract express or implied).
ii. Includes
sub- tenant
iii. And
also any person continuing in possession after the termination of his tenancy,
iv. But tenant does not mean any person against whom decree or order for eviction has been made.