Sec 37 to 44 (Chapter VI ) The Madhya Pradesh Accommodation Control Act, 1961

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 onetwelfth 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 subSection (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 subsection (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.