[18th
December, 1957]
An Act to provide for the extension to
cantonments of laws relating to the control of rent and
regulation of house accommodation.
BE it enacted by
Parliament in the Eighth Year of the Republic of India as
follows:-
1.Short title:- This
Act may be called the Cantonments (Extension of Rent Control
Laws) Act, 1957.
2.Definitions:-
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
4.Extension of the Madhya
Bharat Accommodation Control Act, 1955 to the cantonment of
Mhow:- 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.
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