Primary law, Tamil Nadu land law
The Cantonments (Extension of Rent Control Laws) Act, 1957
The Cantonments (Extension of Rent Control Laws) Act, 1957, Act Number 46 of 1957, was enacted by Parliament on 18 December 1957 and is deemed to have come into force on 26 January 1950. It allows the Central Government to extend a State law controlling rent and regulating house accommodation to a cantonment in that State. The Act was amended by the Cantonments (Extension of Rent Control Laws) Amendment Act, 1972, Act Number 22 of 1972.
What the Act governs
The Cantonments (Extension of Rent Control Laws) Act, 1957 provides a mechanism for applying State rent control and house accommodation laws within cantonments. A cantonment is a place declared to be a cantonment under the Cantonments Act, 1924.
The Central Government may extend a State enactment to any cantonment in that State by publishing a notification in the Official Gazette. The notification may include restrictions and modifications.
Who may be affected
The Cantonments (Extension of Rent Control Laws) Act, 1957 may affect landlords, tenants, occupants and property owners dealing with house accommodation inside a cantonment where a State rent control law has been extended.
For a property in a Tamil Nadu cantonment, the Act does not by itself identify which Tamil Nadu rent law applies. The relevant Central Government notification in the Official Gazette would need to be checked.
Key provisions
- A State law concerning rent control and regulation of house accommodation may be extended to a cantonment situated in that State.
- The extended law does not apply to premises in the cantonment belonging to the Government.
- It does not apply to certain tenancies or similar arrangements created by a Government grant for premises leased or requisitioned by the Government.
- It does not apply to a cantonment house that is, or may be, taken on lease by the Central Government under the Cantonments (House Accommodation) Act, 1923.
- An extension may operate from an earlier or future date chosen by the Central Government.
- An earlier date cannot precede the commencement of the State enactment, the establishment of the cantonment or the commencement of this Act, whichever is later.
- Certain earlier rent, eviction, execution and related orders may be treated as orders made under the corresponding provisions of the extended rent control law.
Special provision for Mhow
The Cantonments (Extension of Rent Control Laws) Act, 1957 directly extended the Madhya Bharat Accommodation Control Act, 1955 to the cantonment of Mhow, with listed changes. These changes adapted references to municipalities, towns and cities so that the law could operate through the Cantonment Board and within the cantonment.
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Common questions
Does this Act automatically apply Tamil Nadu rent control law to every cantonment in Tamil Nadu?
No. The Central Government may extend a State rent control law to a cantonment through a notification in the Official Gazette, with any stated restrictions or modifications.
Does an extended rent control law cover Government-owned premises in a cantonment?
No. Premises within the cantonment belonging to the Government are excluded.
Can a rent control law be extended to a cantonment from an earlier date?
Yes. The Central Government may choose an earlier date, but it cannot be earlier than the commencement of the State enactment, the establishment of the cantonment or the commencement of the Act, whichever is later.
What happens to an eviction or rent order made before the rent control law was extended?
A qualifying order made by a court, tribunal or other authority under the State rent control law may be treated as having been made under the corresponding provisions of the law extended to the cantonment.
