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CHAPTER VI Provisions Regarding Special Obligations of Landlords and Penalties

Section 38: Cutting off or withholding essential supply or service

The Madhya Pradesh Accommodation Control Act, 1961

How current this text is

This is the text of the Act as it stood in undivided Madhya Pradesh before 1 November 2000, as published by India Code in its Chhattisgarh collection. India Code has no copy filed under Madhya Pradesh.

Square brackets mark words inserted or substituted by later amending Acts. This copy has no footnotes naming those Acts or their dates.

The Madhya Pradesh Vidhan Sabha lists of Acts passed from 2014 to 2026 show no Act amending this Act, and the Madhya Pradesh Jan Vishwas Acts of 2025 do not touch it. No official list of Acts for 2000 to 2013 could be checked. In September 2026 the Madhya Pradesh High Court quoted Section 23-J in the same words as this copy.

The Madhya Pradesh Parisar Kirayedari Adhiniyam, 2010 (Act No. 16 of 2012) repeals this Act from a date to be notified. The Madhya Pradesh High Court recorded in 2017 and 2018 that it had not been notified, and the High Court continues to apply this Act in 2026.

Raipur, Durg and the other Chhattisgarh areas named in the text and the First Schedule have been part of Chhattisgarh since 1 November 2000. References to the Code of Criminal Procedure, 1898 and the Indian Penal Code, 1860 are printed as in the original.

This copy does not print the long title, the enacting formula or the date of assent.

Clauses (a), (c) and (d) of Section 29(1) are printed incomplete in this copy and are reproduced as printed.

The First Schedule and the Notifications are shown as printed in this copy and may not include later notifications extending the Act to other areas.

(1) No landlord either himself or through any person purporting to act on his behalf shall without just and sufficient cause cut off or withhold any essential supply or service enjoyed by the tenant in respect of the accommodation let to him.

(2) If a landlord contravenes the provisions of sub-Section (1), the tenant may make an application to the Rent Controlling Authority complaining of such contravention.

(3) If the Rent Controlling Authority on inquiry finds that the essential supply or service enjoyed by the tenant in respect of the accommodation was cut off or withheld by the landlord without just and sufficient cause, it shall make an order directing the landlord to restore such supply or service.

(4) The Rent Controlling Authority may in its discretion direct that compensation not exceeding fifty rupees-

(a) be paid to the landlord by the tenant, if the application under sub-Section (2) was made frivolously or vexatiously;

(b) be paid to the tenant by the landlord, if the landlord had cut off or withheld the supply or service without just and sufficient cause.

Explanation I. - In this Section, "essential supply or service" includes supply of water, electricity, lights in passages and on staircases, conservancy and sanitary services.

Explanation II. - For the purposes of this Section, withholding any essential supply or service shall include acts or omissions attributable to the landlord on account of which the essential supply or service is cut off by the local authority or any other competent authority.

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