Cantonments (Extension of Rent Control Laws) Act, 1957

This Act may be called the Cantonments (Extension of Rent Control Laws) Act, 1957.

In this Act, "cantonment" means any place declared to be a cantonment under section 3 of the Cantonments Act, 1924(2 of 1924).

3. Power to extend to cantonments laws relating to control of rents and regulation of house accommodation:-

The Central Government may, by notification in the Official Gazette, extend to any cantonment with such restrictions and modifications as it thinks fit, any enactment relating to the control of rent and regulation of house accommodation which is in force on the date of the notification in the State in which the cantonment is situated:

Provided that nothing contained in any enactment so extended shall apply to-

(a) any premises within the cantonment belonging to the Government;

(b) any tenancy or other like relationship created by a grant from the Government in respect of premises within the cantonment taken on lease or requisitioned by the Government; or

(c) any house within the cantonment which is, or may be, appropriated by the Central Government on lease under the Cantonments (House Accommodation) Act, 1923(6 of 1923).

Comment: We, therefore, hold that the decree obtained by the respondents is saved by the provisions of Section 3, sub-section (4) of the Cantonment (Extension of Rent Control Laws) Act of 1957, as amended by Act 22 of 1972. Jai Singh Jairam Tyagi v. Maman Chand Ratilal Agarwal, AIR 1980 SUPREME COURT 1201

(1) The Madhya Bharat Accommodation Control Act, 1955(M.B.Act 23 of 1955), as in force in that part of the State of Madhya Pradesh which immediately before the 1st day of November, 1956, formed the State of Madhya Bharat is hereby extended to, and brought into force in, the cantonment of Mhow with the following modifications, namely:-

In the said Act,-

(a) for the words "commencement of this Act" wherever they occur, the words "extension of this Act to the cantonment" shall be substituted;

(b) in section 1, for sub-sections (2) , (3) and (4), the following sub-sections shall be substituted, namely:-

(2) It extends to the Cantonment of Mhow.

(3) It shall remain in force upto the 31st day of December, 1957; but the Central Government may, by notification in the Official Gazette, direct from time to time that it shall remain in force for such further period as may be specified in the notification so, however, that the total period for which it may remain in force shall not exceed two years from the 31st day of December, 1957.";

(c) in section2, in the clause (b) of sub-section (1), for the words "a Municipality", the words "the Cantonment Board" shall be substituted;

(d) in section 3, in clause (e), for the word "Municipal", the words "Cantonment Board" shall be substituted;

(e) in section 4,-

(i) in clause (g), for the words "city or town concerned", the word "cantonment" shall be substituted;

(ii) in clause (h), for the words "city or town for that purpose and if he was in occupation, has for sufficient reasons vacated it after the Act has been extended to that city or town", the words "cantonment for that purpose or if he was in occupation, has for sufficient reasons vacated it after the extension of this Act thereto" shall be substituted;

(f) in section 6,-

(i) in sub-section (1), the words and brackets "situated in the city of Lashkar (including Gwalior and Morar), Indore, Ujjain or Ratlam" shall be omitted;

(ii) sub -section (2) shall be omitted;

(g) in section 14, the words "the provisions of this Act cease to be applicable to any town, or" shall be omitted;

(h) in section 15, after the word "instituted", the words "or if instituted, continued", shall be inserted;

(i) in section 18, sub-section (4) shall be omitted;

(j) in section 21, the words "or deemed to have been passed" shall be omitted;

(k) in section 22, the words "or deemed to have been made" shall be omitted;

(l) section 23, section 27 and the Schedule shall be omitted;

(m) in sections 24 and 25, the words "or deemed to have been made" shall be omitted.