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 nonresidential 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(g) "repealed Act" means the Madhya Pradesh Accommodation Control Act, 1955 (XXIII of 1955), repealed under Section 51;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 subtenant 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 nonresidential 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.