The ASSAM URBAN AREAS RENT CONTROL ACT, 1955
,......_ The 7th fanuary 1956
No.LJL.78/55/30.-The following Act of the Assam Legislative

Assembly which received the assent of the Governor is hereby published .
for general information.

(Received the assent of the Governor on the 7th Januitry 1956)

###### ASSAM · ACT III OF 1956

THE ASSAM URBAN AREAS RENT CONTROL ACT, 1955

(Passed by the Assembly)

[Published in the _Assam Gazette,_ dated the 11th January 1956]
An
Act

to restrict temporarily the increase of rents of houses situated within the

limits of urban areas in Assam including Cantonments

Preamble.-Whereas it is expedient to restrict temporarily the increase

of rents of houses situated within the limits of urban areas in Assam includ·
ing Cantonments.
###### It is hereby enacted in the Sixth Year of the Republic of India as
 follows:-
1. Short title, extent, commencement and duration.-(!) This Act may

be called the Assam Urban Areas Rent Control Act, 1955.
(2) (a) It extends to all urban areas in Assam including Cantonments
as defined in the Cantonments Act, 1924 (Act II of 1924) ; provided that
nothing in this Act shall prohibit the Officer Commanding the Station to
appropriate any premises under the Cantonments (House Accommodation)
Act, 1923 (Act VI of 1923).
(b) The State Government may by notification in the Official Gazette

extend i.t also to all such areas as are declared town lands under rule 64(a)
of Settlement Rules under the Assam Land and Revenue Regulation, 1886
(Regulation I of 1886) or the Assam Land Revenue Reassessment Act, 1936
(Assam Act VIII of 1936).

(3) It shall come into force at once and shall remain in force for

10 years from the date of its enforcement.

Provided that the expiration of this Act shall not render recoverable by

a landlord any rent, interest or other sum which during the continuance
thereof was irrecoverable or affect the right of the tenant to recover any
sum which during the continuance thereof was under this Act recoverable

by him.
2. Definitions.-In this Act, unless there is anything repugnant in the

subject matter or context,
(i) "The Court" means the Court of ordinary Civil jurisdiction in the

Area in which a house is situated which would be competent to pass a decree
for the eviction of a tenant from that house ;

(ii) "house" means any building, hut or shed, or any part thereof.
let or to be let separately for residential or non-residential purposes, and
includes-
( a) the garden, ground and out-houses, if any appurtenant to such

building, hut, shed or part thereof ; and

(b) any furniture supplied by the landlord for use by the tenant in

such house, but does not include any premises belonging to
State Government or Central Government or a Local Authority;

(iii) "landlord" myans any person who is, for the time being, receiving,

or entitled to receive rent in respect of any house whether on his own ac1.:ount.
or on account, or on behalf, or for the benefit of any other person, or as
a trustee, guardian or receiver for any other person ; and includes ~n respect


-----

###### 2

of his sub-tenant, a tenant who has sublet any house and further includes
every person not being a tenant who from time to time derives title under a
landlord bul: does not include State Government or Central Government or
a Local Authority ;

(iv) "standard rent" in relation to any house means the average

monthly rent actually paid by any tenant for the house over a period of
twelve months from the first day of January 1946 to the thirty-first day of
December 1946 ;
(v) "tenant" means any person by whom or on whose behalf rent is

payable for any house, and includes every person who from time to time
derives title under a tenant ;

(vi) "urban area" means any area declared to be, or included in,

a municipality under the provisions of clauses (a) and (b) of sub-section (2)
of Section 5 or declared to be a notified area under the provisions of sub-
section (4) of section 328, or deemed to be such under the pr0viso to that
sub-section of the Assam Municipal Act, 1923 (Assam Act I of 1923) and
includes a Cantonment as defined in Cantonments Act, 1924 (Act II of
1924).
3. Fair Rent.-(1) Subject to the provisions of this Act and notwith-

standing any contract to the contrary, no landlord shall be entitled to charge
monthly rent for any house at a figure higher than the standard rent.

(2) If at any time, after the thirty-first day of Decemb~r 1946, any

addition, improvement or alteration (not being repairs within the meaning
of the provisions of Section 7 below) has been effected in respect of the
house at the landlord's expense, then the landlord shall be entitled to charge
an increase per month over the standard rent, not exceeding ooe-twelfth of
the seven and half per cent. per annum of the cost of such addition, improve-
ment or ,dteration, with effect from the date on which the additior', improve-
ment or alteration was completed.

(3) If it is not possible in any particular case to determine the
standard rent of the house, or if the construction of the house was not

completed before the thirty-first day of December 1946, then the monthly
rent for such house shall be an amount equal to one-twelfth of the seven
and half per cent. per annum of the cost of construction of the house.

4. Procednre for determination of fair rent.-(1) If any dispute arises
regarding the rent payable in respect of any house, it shall be determined by
the Court.

(2) The Court shall, on application made by either the landlord or
the tenant, issue notice on both the parties, and after making such enquiry
as it thinks fit determine the monthly rent for the house in accordance with
the provisions of section 3 above, and the rent so determined shall be
binding on both the parties. t

(3) Where the Court determines the monthly rent for any house under
this section, it shall do so for the house in an unfurnished state, but it may
a.How the landlord to charge an additional amount per month on account
of the furniture included in the house ;
Provided that such additional amount shall not exceed one-twelfth of
seven and half per cent. per annum of the cost of such furniture on the
date on which the Court determines the monthly rent for the house.

ExplanatioD.-Where the rent is charged by the landlord or actually

paid by the tenant on any basis other than a monthly one the average

monthly rent for such house shall be calculated as thirty-times the average

.rent per day of the period in respect of which the rent is charged or actually

paid.


-----

_5._ Refixing of fair rent.-(1) If at any time after the rent of a house
has b~en fixed under section 4 of this Act, any addition, improvement or
alteration (not being repairs within the meaning of the provisions of section 7)
has been effected in respect of the house at the landlord's expense, the
Court may, on an application made before it in this behalf by the landlord,
issue notice upon both the parties and after making such enquiry as it
thinks fit, refix the rent of the house and the rent so refixed shall be binding
on both the parties. ·

(2) Any increase in monthly rent allowed under sub-section (1) of

this section shall not exceed one-twelfth of seven and half per cent. per
annum of the total cost of such addition, improvement or alteration and
shall not be chargeable with effect from any date earlier than the date on
which such addition, improvement or alteration was completed.

6. **Bar·** against pa~ing and execution of decree anJI orders for ejec-
###### tion.-(!) No order or decree for the recovery of possession of any house
shall be made or executed by any Court so long as the tenant pays rent to
the full extent allowable under this Act and performs the conditions of the
tenancy;

Provided that nothing in this sub-section shall apply in a suit or proceed-

ings for eviction of the tenant from the house :-

(a) where the tenant bas done any act conirary to the provisions of
clause (m), clause (o) or clause (p) of section 108 of the Transfer of Pro-
perty Act, 1882 (Act IV of 1882), or to the spirit of the aforesaid clauses in
areas where the Act does not apply, or

(b) where the tenant bas been guilty of conduct which is a nuisance
or an annoyance to the occupiers of the adjoining or neighbouring houses,
or
(c) where the house is _bonafide_ required by the landlord either for
purposes of repairs or re-building, or for his own occupation or for the
occupation of any person for whose benefit the house is held, or where the
landlord can show any other cause which may be deemed satisfactoty by
the Court, or
(d) where the tenant sublets the house or any part thereof or other-

wise transfers his interests in the house or any part thereof without permis-
sion in writing from the landlord, or
(e) where the tenant has not paid the rent lawfully due from him in
respect of the house .: or
(f) where the tenant has built, acquired, or been allotted a suitable
residence.

(2) The fact that the interest of the landlord in the house has been
transferred shall not, of itself, be deemed to be a satisfactory 'l.:ause within
the meaning of the proviso to sub-section (1), provided that the tenant is
ready and willing to pay rent to the full extent allowable under this Act.
(3) Where the landlord recovers possession of a house from a tenant
on the ground that the house is _bonafide_ required by him for purposes of
repairs or re-building or for his own occupation or for the occupation of
any person for whose benefit the house is held, and the repairs or the re-
building of the house is not commenced or the house is not occupied by the
landlord or" such person within fifteen days of the date of vacation of the
house by such tenant, or the house having been so occupied is within six
months of the said date re-let to or allowed to be possessed by any other
person, the Court may, on the application of the evicted tenant made within
seven months of his vacating the house, direct the landlord to put the
evicted tenant in possession of the house within such veriod as the Court


-----

###### 4

 may fix and' to pay him- such compensation as appears to the Court to be
reasonable and proper. Such a di.rection shall be deemed to be a decree
under the. Civil Procedure Code, 1908 (Act V of 1908), and to be capable
of execution as such under the provisions of that Code.

(5) Where the landlord_ refuses to accept the lawful rent offered by his
tenant, the tenant may, within a fortnight of its becoming due, deposit in
Court the amount of such rent together with process-fees for service of notice
upon the landlord, and on receiving such deposit, the Court shall cause a
notice of the receipt of such deposit to be served on the landlord, and the
amount of the deposit may thereafter be withdrawn by the landlord on
application made by him to the Court in that behalf. A tenant who has
made such deposit shall not be treated as a defaulter under clause (e) of the
proviso to sub-section (1) of this section.

###### 7. Duties of landlo-rds.-Every landlord shall be bound tcr keep wind
proof and water proof any house which is in occupation of a tenant and to
carry out other repairs which he is bound to make by law, contract or
custom and also to maintain the existing essential supplies and services such
as sanitary arrangement, water-supply, supply of electricity or drainage
service in respect of the house.

Explanation.-"Repair" includes annual white-washing and recolour-

ing.

8. Notice on landlord to perform duties.-(1) If the landlord neglect.<>

to make such repairs or to maintain such existing essential supplies and
services as he is bound to do under the provisions of section 7 above, the
Court may, on the application of the tenant, direct the landlord by notice
to appear before it and to show cause against the application of the
tenant.
(2) If the landlord fails to show sufficient cause, the Court may direct
him to make such repairs or as the case- may be, to take such measures for
the restoration of the essential supplies and services as contemplated in
section 7 within a period fixed . by the Court.
(3) If the landlord fails or neglects to make such repairs or take such
measures within the period fixed by the Court, the Court ma). on applica-
tion of the tenant permit the tenant to make such repairs or take !)uch

measures, as the case may be, at a cost not exceeding the amount deter-
mined by the Court after taking such evidence as it may consider necessary :
and it shall thereafter be lawful for the tenant to make such repairs or take
such measures and to deduct the cost thereof from the rent or to recover
the amount from the landlord through the Court by execution, and for the
purpose of this sub-section the order of the Court shall be treated as a
decree of a Civil Court.
9. Appeals.-A landlord or a tenant aggrieved by any decision or
order pf the Court under the provision of sections 4, 5, 6 and 8 (2) of this
Act shall have a right of appeal against the same as if such decision or order
were a decree in a suit for ejectment of the tenant from the .house and
such appellate court's decision shall be final.

10. Rules.-The State Government may, by notification in the · official
Gazette, make rules prescribing the Court fees to be paid on applications
made to the Court under the provisions of the Act and also for the purpose
pf !he carrying out of the provisions of this Act.


-----

11. Prt:vfolJB d~i9ns ord~~ etc., to con~µa,ue.-:N otwitbstaµding the

ex¢r11tiqn of the As6am Urban Areas      - R~t Control Act, 1949' (A,ss.aru A~t

XIII of 1949), any decision' given, order made or anything done or any
action taken or any proceedings commenced under any of the provisions
of the said Act' and in force immediately before the commencement of this
Act shall, in so far as they are not inconsistent with the provisions of this
Act, continue in force and shall be deemed to have been given, made, done,
taken, or commenced under the corresponding provisions of this Act.

###### J. C. MEDHI,

Secy. tG> the Govt. of Assam, Leg. & Judl. Deptt

# -

## . . .


-----

