The MADHYA PRADESH NAGARIYA KSHETRO KE BHOOMIHIN VYAKTI (PATTADHRITI ADHIKARON KA PRADAN KIYA JANA) ADHINIYAM, 1984.

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MADHYA PRADESH ACT 
NO. 15 OF 1984 
THE MADHYA PRADESH NAGARIYA KSHETRO KE BHOOMIHIN 
VYAKTI (PATTADHRITI ADHIKARON KA PRADAN KIYA JANA) 
ADHINIYAM, 1984. 
[ Published in the "Madhya Pradesh Gazette"  (Extraordinary), dated the 17th April, 
1984.] 
 An Act to provide for the conferring of leasehold rights on landless persons in 
respect of sites for dwelling house in urban areas in the State of Madhya Pradesh. 
Be it enacted by the Madhya Pradesh Legislature in the Thirty -Fifth Year of 
the Republic of India as follows:- 
1.  Short title, extent and commencement .- (1) This Act may be called the 
Madhya Pradesh Nagariya Kshetro ke bhoomihin Vyakti  (Pattadhruti Adhikaron Ka 
Pradan kiya Jana) Adhiniyam, 1984. 
(2)  It shall extend to urban areas in the State of  Madhya Pradesh and Five 
Kilometers thereof. 
(3)  (A)  It shall in the first instance come into force in the district headquarters 
 and towns having population of more than one lac according to the last 
 census. 
(B)  It shall come into force in any other t own on such date as the State 
Government may, by notification, specify. 
2.  Definitions.- In this Act, unless the context otherwise requires,- 
(a)  "Authorised Officer" means a Sub -Divisional Officer or any  other Assistant 
 Collector or  Deputy Collector in  the district as the Collector may by  order 
 specially authorise to exercise the powers of the Authorised Officer in s uch 
 area as may be specified therein; 
(b)  "dwelling house"  means a single storeyed super structure but shall not 
 included any building owned by the Government of any local or statutory 
 authority;"; 
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(c)  Omitted; 
(d)  ''Landless Person' ' means a person who does not own either  in his own 
 name  or in the name of any member of his family any house or land in an 
 urban  area where he is  actually residing. 
Explanation.- For the purpose of this clause 'family' includes husband, wife, 
minor son,  unmarried daughter or any relation by blood wh olly dependent 
on the landless person."; 
(d-1)  "Occupy" means occupation of land in urban area bel onging to the State 
 Government, local body or Development Authority for residential purposes. 
(d-2)    Omitted. 
(d-3)  "Urban area"  means the area comprised within the limits of the Municipal 
 Corporation constituted under the Madhya Pradesh Municipal Corporation 
 Act, 1956 ( No. 23 of 1956) or Municipal Council or Nagar Panchayat 
 constituted under the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 
 1961) or such area which is situated withi n a distance of five kilometers from 
 the limits thereof and the area of the dissolved Special Area Development 
 Authority constituted under Section 64 of the Madhya Pradesh Nagar Tatha 
 Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973) and the planning area as  per 
 the Development Plan of a town prepared under Section 13 of the Nagar 
 Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973)." 
(d-4)  ''Government land'' means such vacant  land held by the State Government 
  in the Revenue Department situated in an urban area and which has not been 
  alloted to any other Government department for special purpose; 
(d-5)  Omitted. 
(d-6)  Omitted. 
(e) Words and expressions used but not defined in this Act and defined in the 
Madhya Pradesh land Revenue Code, 1959 (No. 20 of 1959), shall have the 
meanings, respectively, assigned to them in that Code. 
3.  Settlement of land .- (1) Notwithstanding anything contained in any law for 
the time being in force, the land occupied by a landless person in any  urban area on 
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the 31st day of December, 2012 shall subject to the provisions of sub -section (2) be 
deemed to have been settled in his favour on the said date. 
(2)  The Authorised Officer may, subject to the rules framed or directions issued 
by the State Government from time to time, either settle the land in actual occupation 
of the landless person or allot to him any other land not exceeding forty five square 
metres in lease hold rights in his favour, provided he adduces following proof of his 
residence in the urban area prior to 31st December, 2012,- 
(a) the ration card issued to him by the competent authority; or 
(b) the written testimony from the appropriate officer authorized by the 
Municipal Corporation, Municipality or Nagar Panchayat as the case may be, 
certifying that he lived in the area prior to 31st December, 2012: 
  Provided that where the landless person is in occupation of more than     forty-
five square metres of land, settlement may be made for land up  to 80 square metres 
in a Nagar Panchayat area, 60  square metres in a Municipal Council area; however 
the land settlement in the area of a Municipal Corporation shall not exceed 45 
square metres of land”.  
(3)  The lease hold rights accrued under sub -section (1) shall not be transferable 
by sub -lease, sale, gift, mortgage or any oth er manner whatsoever except by 
inheritance.". 
 Provided that such lease hold rights may be mortgaged in favour of a 
nationalized bank or a Co -operative society or a government undertaking, to 
securing loan for construction of a expansion of a residential house. 
(4)  If the landless person to whom the l easehold rights have been accrued in 
respect of any land  under this Act, transfers such land in contravention of the 
provisions of sub -section (3) or uses the said land for any purpose other than 
residential purpose, the following consequences shall ensue, namely:- 
(i) the lease shall stand automatically cancelled on the data of such transfer. 
(ii) such transfer shall be null and void. 
(iii) no lease hold rights shall accure to the transferee in respect of such land. 
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(iv) the authorised officer shall have t he right to disposses the person who is 
in actual possession of such land. 
(5)  Notwithstanding anything contained in the Registration Act, 1908 (No. 16 of 
1908) no officer empowered to register documents thereunder shall admit to 
registration any document which purports to contravence charges at such rate and in 
such manner as may be prescribed. 
(6)  The landless person to whom the lease hold rights have accrued under sub -
section (shall) pay development charges at such rate and in suc h manner as may be 
prescribed. 
(7) The lease deed in respect of the lease hold rights granted to the landless 
person shall be affixed with a recent photograph of the person and a copy of such 
photograph shall also be affixed in the land rent register and where the lease hold 
rights are granted jointly in the name of both husband and wife a joint photograph of 
both shall be affixed on the aforesaid documents. 
3-A. Removal of dwelling houses. - (1) the Committee constituted by the State 
Government in this behalf shall decide the removal of any slum dwelling and its 
settlement in accordance with the procedure prescribed. 
(2)  Any landless person who is occupation of the land of a public park in the side 
of a road or in between road and dwellings may be removed from such place in 
public interest and may be given lease hold rights elsewhere. 
(3)  Any site for dwelling house wher e the landless persons are settled under 
sub-section (1) of Section 3 may be shifted elsewhere in public interest and their 
lease hold rights may be cancelled and such persons may be settled elsewhere.". 
4.  Restoration of possession .- (1) If any landless person to whom leasehold 
rights have accrued in the land under section 3 disposse ssed from that land or any 
part thereof otherwise than in due course of law, the Authorised Officer shall on an 
application made to him by  the said landless p erson within six months from the date 
of dispossession restore such possession. 
(2)  If any dispute arises as to the occupation of the land in question on the 31st 
December 2012 the landless person claiming such occupation on the said date may 
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refer the dispute to the Au thorised Officer for decision. T he decision of the 
Authorised Officer thereon shall be final. 
Provided that no order under sub -section (2) shall be passed without giving a 
reasonable opportunity of being heard to the parties in dispute. 
4-A.  Revision - The Collector may, at any time, on his own motion or on 
application make by any party interested for the purpose of satisfying himself as to 
legality or propriety of any order passed by or as to the regularity of any proceeding 
before the authorised officer, call for and examine record of any cause disposed of 
by or pending before such officer and may pass such order in reference thereto as 
he thinks fit: 
  Provided that- 
 (i) no such application shall be entertained unless presented within thirty days 
 from the date of the order; 
 (ii) no order shall be varied or reversed in revision unless notice has been 
 served on the party interested and the opportunity given to him of being 
 heard. 
 5. Penalties.-(1) Any person who- 
(i) Wrongfully dispossesses or attempts to dispossesses an occupier of a 
dwelling house;  
(ii) Recovers or attempts to recover rent in any manner from an occupier of a 
dwelling house. 
(iii) Conceals any information or gives wrong information with intention  to 
fraudulently acquire leasehold rights;   
Shall be punished with rigorous imprisonment which shall not be less than 
three months but which may extend to three years and with fine which shall not be 
less than two thousand rupees but which may extend to ten thousand rupees. 
(2)  If it is found that the landless person to whom the lease hold rights have 
accrued in respect of any land under this Act sold such land or otherwise transferred 
the same in contravention of the provisions of sub -section (3) of Sect ion 3, the 
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Authorised Officer may file a complaint before the competent court and such person 
shall, on conviction, be punished which imprisonment which shall not be less than 
three months but which may extend to three years and with fine which shall not be 
less than two thousand rupees but which may extend to ten thousand rupees. 
(3)  If any person by force, deception or Seduction of money, dispossess an 
occupier of a land or dwelling house, the Authorised officer may file a complaint 
against such person in the competent court and such person shall, on conviction, be 
punished with imprisonment which  shall not  be less than three months but which 
may extend to three years and with fine which shall not be less than two thousand 
rupees but which may extend to ten thousand rupees. 
5-A. Effect of illegal Possession. - If any land is not is not in possession of the 
occupier who has been given lease  hold rights under this Act but is in possession of 
any other person, then an amount equal to one and a quarter times o f the market 
value of the land, in case such land is used for dwelling purposes and two times of 
the market value of such land if it is u sed for commercial or for  other non-dwelling 
purposes, shall be recovered from such person who is in pos session of such land at 
present and upon  payment of such amount the present occupier shall be entitled to 
get a lease hold rights over such land under this Act. 
6. Power to make rules. - (1)  The State Government may make rules to carry 
out all or any of the purposes of this Act including matters relatin g to premium and 
ground rent. 
(2)  Any rule made under this Act shall be laid on the table of the legislative 
Assembly. 
 
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