Section 39 in The M.P. Accommodation Control Act, 1961
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 ] [Substituted by M.P. Act 10 of 1965, Section 4 (i).] 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)] [Substituted by M.P. Act 10 of 1965, Section 4 (ii) (a).] 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)] [Substituted by M.P. Act 10 of 1965, Section 4(iv) (a).] 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)] [Substituted by M.P. Act 10 of 1965, Section 4(iv) (a).].(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.
