Introduction

• The Rent Controlling Authority (RCA) in Madhya Pradesh is a statutory body established under the Madhya Pradesh Accommodation Control Act, 1961.
• The primary function of the RCA is to resolve disputes between landlords and tenants, oversee the fixation of fair rent, and enforce the provisions of the Act.
• The RCA serves as a judicial body, responsible for maintaining a balance between the rights and obligations of both landlords and tenants.

What is the Procedure of Appointment of Rent Controlling Authority in Madhya Pradesh?

• Appointment:
  • As per Section 28 of the MP Accommodation Control Act, 1961, the Collector shall, with the previous approval of the State Government, appoint the RCA.
• Eligibility:
  • He must not be an officer below the rank of Deputy Collector to be the Rent Controlling Authority for the area within his jurisdiction to which this Act applies.
• Additional RCA:
  • The Collector may, with the previous approval of the State Government, appoint, from amongst officers, not below the rank of a Deputy Collector, one or more Rent Controlling Authorities, as he deems fit to assist the Rent Controlling Authority appointed under sub-Section (1) of Section 28.

What are the Powers of Rent Controlling Authority in Madhya Pradesh?

• Civil Court:
  • The RCA shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (CPC).
  • It shall be deemed to be a civil Court within the meaning of Section 480 and Section 482 of the Code of Criminal Procedure, 1898.
  • As per Section 35, save as otherwise provided in Section 34, an order made by the RCA, or an order passed in appeal or in a revision under Chapter III-A shall be executable by the RCA as a decree of a Civil Court.
    • And for this purpose, the Rent Controlling Authority shall have all the powers of a Civil Court.
• Powers:
  • Summoning and enforcing the examining him on oath;
  • Requiring the discovery and production of documents;
  • Issuing commissions for the examination of witnesses
  • Any other matter
• Judicial Proceedings:
  • Any proceeding before the RCA shall be deemed to be a judicial proceeding within the meaning of Section 193 and Section 228 of the Indian Penal Code, 1860 (IPC).
• Holding Any Inquiry or Discharging Any Duty:
  • After giving not less than twenty-four hours’ notice in writing, enter and inspect any accommodation at any time between sunrise and sunset; or
  • By written order, require any person to produce for his inspection, all such accounts, books or other documents relevant to the inquiry at such time and at such place as may be specified in the order.
• Power of Magistrate for Recovery of Fine:
  • Under Section 34 any fine imposed by the RCA under this Act shall be paid by the person fined, within such time as may be allowed by the RCA.
  • RCA may, for good and sufficient reason, extend the time, and in default of such payment, the amount shall be recoverable as a fine under the provisions of the Code of Criminal Procedure, 1898 and the RCA shall be deemed to be a Magistrate under the said Code for the purposes of such recovery.
• Finality of Decision:
  • Under Section 36, every order made by the RCA shall, subject to decision in appeal, be final and shall not be called in question in any original suit, application or execution proceeding.

What is the Procedure Followed by Rent Controlling Authority in Madhya Pradesh?

• According to Section 30 of the MP Accommodation Control Act, 1961, the Rent Controlling Authority (RCA) cannot make any decision that negatively impacts someone without first giving them a reasonable opportunity to explain their side.
• The RCA must provide the person with an opportunity to present their objections and any evidence they have before making a decision.
• During any hearings, the RCA will think about the issue of expenses and decide whether to assign those costs to a party or not, based on what the Rent Controlling Authority believes is fair.

What are the Functions by Rent Controlling Authority in Madhya Pradesh?

• Fixation of Standard Rent:
  • Under Section 10, the RCA shall, on an application made to it in this behalf, either by the landlord or by the tenant, in the prescribed manner, fix in respect of any accommodation-
    • the standard rent in accordance with the provisions of Section 7; or
    • the increase, if any, referred to in Section 8.
• Fixation of Interim Rent:
  • Under Section 11, if an application for fixing the standard rent or for determining the lawful increase of such rent is made under Section 10, the RCA shall, pending final decision on the application, make, as expeditiously as possible, a provisional order specifying the amount of the interim rent or lawful increase to be paid by the tenant to the landlord and shall appoint the date from which such interim rent or lawful increase so specified shall be deemed to have effect.
• Dispute of Sub-tenancy:
  • Under Section 15 the RCA decides dispute related where the landlord contests that the accommodation was not lawfully sub-let and an application is made to the RCA in this behalf, either by the landlord or by the sub-tenant.
• Permission to Construct Additional Structures:
  • Under Section 21, the RCA may permit the landlord to make such improvement or construct such additional structure as required and decided the dispute if the tenant refuses to give permission to do so.
• Power Regarding Vacant Building Sites:
  • Under Section 22, RCA on an application made to it in this behalf by the landlord, is satisfied that the landlord is ready and willing to commence the work and that the severance of the vacant land from the rest of the accommodation will not cause undue hardship to the tenant, the Rent Controlling Authority may-
    • direct such severance;
    • place the landlord in possession of the vacant land;
    • determine the rent payable by the tenant in respect of the rest of the accommodation; and
    • make such other order as it thinks fit in the circumstances of the case.

Conclusion

The RCA under the MP Accommodation Control Act, 1961, maintains a balance between the rights of landlords and tenants. Through its quasi-judicial functions, the authority ensures the fair and reasonable fixation of rent, adjudicates disputes, and upholds the principles of natural justice. The specific sections outlined in the Act empower the RCA to carry out its responsibilities effectively, contributing to a harmonious landlord-tenant relationship in the state of MP.