Chapter I PRELIMINARY

1 .(1) This Act may be called the Madhya Pradesh Parisar Kirayedari Adhiniyam, 2010.

1. (2) It extends to all areas of cities and townships of Madhya Pradesh under the jurisdiction of a local authority: Provided that the State Government may, by notification, exclude any area or premises or class of buildings from the operation of this Act or any provision thereof.
2. (3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint and different dates may be appointed for different provisions of this Act.
3. (4) If any local authority is constituted after commencement of this Act, then this Act shall be applicable to that township from the date of constitution of the local authority.

2. In this Act, unless the context otherwise requires,

1. (a) "Appellate Rent Tribunal" means Appellate Rent Tribunal constituted under Section 28;
2. (b) "landlord" means a person who, for the time being is receiving, or is entitled to receive, the rent of any premises, 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 of any person or who would so received the rent or be entitled to receive the rent, if the premises were let to a tenant, and shall include his successor-in-interest;
3. (c) "local authority" means,
   • (i) a Municipal Corporation constituted by or under the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956);
   • (ii) a Municipal Council constituted by or under the Madhya Pradesh Municipal Corporation Act, 1961 (No. 37 of 1961);
4. (d) "person with disability" has the same meaning as assigned to it in clause
5. (t) of Section 2 of the Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (No. 1 of 1996);
6. (e) "premises" means any building or part of a building which is, or is intended to be, let separately for the purpose of residence or for commercial or for educational use, except for industrial use and includes,
   • (i) the garden, grounds and out-houses, if any, appertaining to such building or part of the building;
   • (ii) any fitting to such building or part of the building for the more beneficial enjoyment thereof, but does not include hotel, lodging house, dharmashala or inn;
7. (f) "rent payable" in relation to any premises means the rent as per Section 9;
8. (g) "Rent Controlling Authority" means an officer appointed under Section 35;
9. (h) "Rent Tribunal" means a Rent Tribunal constituted under Section 27;
   • (i) "tenant" means a person by whom or on whose account or behalf the rent of any premises is, or, but for a contract express or implied, would be payable for any premises and includes any person occupying the premises 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. Nothing in this Act shall apply to,

1. (a) any premises owned by the Central or State Government or local authority or a Government undertaking or enterprise or a statutory body or a cantonment board;
2. (b) any tenancy created by the Central or State Government in respect of the premises taken on lease or requisitioned by that Government;
3. (c) any premises let or sublet to banks or any public sector undertaking or any corporation established by or under any Central or State Act or multinational companies and private limited companies and public limited companies having paid up share capital of more than rupee one crore or more;
4. (d) any premises let out for residential purposes, whether let out before or after the commencement of this Act, where monthly rent payable on the date of commencement of this Act exceeds such sum as may be prescribed;
5. (e) any premises let out for non-residential purposes, whether let out before or after the commencement of this Act, where monthly rent payable on the date of commencement of this Act exceeds such sum as may be prescribed. Explanation., Where any premises is let out partly for residential and partly for non-residential purposes, the provisions of clauses
6. (d) and
7. (e) shall apply to such premises in proportion to respective areas;
8. (f) any premises let out to an embassy, High Commission, legation or commission of a foreign State or such international organization as may be specified by the State Government by notification;
9. (g) any premises owned by such religious, charitable or educational trust or institutions as may be specified by the State Government, by notification;
10. (h) premises owned by wakf registered under the Wakf Act, 1995 (No. 43 of 1995) or to any trust registered under the Madhya Pradesh Public Trust Act, 1951 (No. 30 of 1951);
    • (i) premises where the landlord is employer and tenant is his employee.