The Assam Urban Areas Rent Control Act, 1949
I

_The 28th September 1949_

**N o.L .418/49/12.—The following Act of the Assam**

Legislative Assembly, having been assented to in His

Majesty’s name by the Governor, is hereby published for

general information
**(R eceived the assent o f Governor on the 25th Sep­**

**tem ber 1949)**

# ASSAM ACT X III OF 1949

THE ASSAM URBAN AREAS RENT CONTROL

ACT, 1949

(Passed by the Assembly)

f Published in the _Assam Gazette of the 28th September 1949 ]_

_An_

_Act to restrict temporarily the increase o f rents o f houses situated_

_within the limits o f 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 including Cantonments,

And whereas the previous sanction of the Governor

_£_

under section 299 (3) of the Government of India Act, 1935
has been obtained to introduce this Bill :


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It is hereby enacted as follows :—

Short title, 1- (I) This Act may be called the Assam Urban Areas:

extent, com-Rent Control. Act, 1949.
and dura- (2) W It extends to alL urban: areas in- Assam includ-

tion. ing 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 Accommoda­
tion) Act, 1923 (Act VI of 1923.).

(A) The Provincial Government may from time to time

by Notification in the Official Gazette extend it also to
such other areas as are declared town land under rule 64(a)
of Settlement Rules under the Assam Land and Revenue Regulation
Regulation, 1886 or the Assam Land Revenue Re-assess- ° [2]

ment Act, 1936. Vin"[1] ^cf

(3) It shall come into force on the first day of October 1935,

1949 and shall remain in force for three 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 recovera­
ble by him.

Definitions, 2. In this Act, unless there is anything repugnant in.

the subject matter or context,—

(?) “ 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 ;

(??) “ house” means any building, hut or shed, or any

part thereof, let or to be let separately for residential or non-
l’e-idential purposes, and. includes—

(a) the garden, ground and out-houses, if any, appur­

tenant to such building, hut, shed or part thereof ; and

(/>) any furniture supplied by the landlord for use by

the tenant in such house, but does not include any premises:
belonging to Provincial or Central Government or a Local
Authority ;

_(Hi) “ landlord” means any person who is, for the time_

being, receiving, or entitled to receive rent in respect of
any house whether on his own account, or on account, or
on behalf, or for the benefit ©f any other person, or as a
trustee, guardian or receiver for any other person ; and
includes in respect 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

but does not include Provincial or Central Government or

a Local Authority ;

(h) “ tenant” means any person by whom or on whose

behalf rent is payab'e for any house, and includes every
person who from time to time derives title under a tenant ;


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«

(&j “urban area” means any area declared to be, or

included in, a municipality under the provisions of clauses

_(a) and (£>) of sub section (2) of section 5 or declared to be_

a notified area under the provisions of sub-section (4) of A ssam A t j
section 328, or deemed to be such under the proviso to that o f 1923.
sub-section, of the Assam Municipal Act, 1923 and includes A[c]t [jj] o[p]

a Cantonment as defined in Cantonments Act, 1924. 1924.

3. Subject to the provisions of this Act and notwith-

Restriction standing any contract to the contrary no landlord shall be
on enhance-entitled to chatge monthly rent for any house at a figure
ment of rent.pjjg^gj. t pja n a v e r a [g]e m o n t [}]1[|y ]r e n t [ actually paid for the]

same house by any tenant over the period from the month
of January 1943 to the month of September, 1943 inclusive,
or (if it is impossible in any particular case to calculate in a
manner fair to both the landlord and the tenant what such
average monthly rent over the aforesaid period would be,
or if the house has not been let during that period), at a
figure higher than that which the Court shall, having regard
to the rent of similar houses in the neighbourhood, deter­
mine to be fair and equitable :

Provided that if a landlord has, after the first day of

January, 1943, effected any addition, improvement or

alteration in a house (not being repairs within the meaning
of the provisions of section 7 of this Act) at his. own expense,
he will be entitled to such increase over the average
monthly rent as the Court may consider fair and equitable
having regard to the provisions of section 5 of this Act.,

4. (7) The Court shall,, on an application made before

Fixing of it in this behalf by the landlord or the tenant, issue notice

fair rent. upon the other party and after holding such enquiry as it
thinks fit fix the amount of the monthly rent to be paid by
the tenant to his landlord for any house in accordance with
the provisions of section 3 of this Act. The rent so. fixed
shall be binding on both the parties :

Provided that if the house or any portion thereof

was let during the period from the month of January, 1943,
to the month of September, 1943, inclusive, the rent fixed
by the Court shall not be less than, but may in case of

haidship exceed by not more than 20 per cent, the average

monthly rent received by the landlord during that period.

_Explanation.—_ For the purpose of section 3 and sub­

section (7) of section 4 of this Act, where rent was charged
by the landlord or actually paid by the tenant for the
same house over the aforesaid period 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 was
charged or actually paid.

(2) If any house the rent of which has been fixed by

the Court under sub-section (7) of this section is let, the
landlord shall be entitled to charge for each month of the
tenancy—

(a) Where the period of the lease has not been fixed

between the landlord and the tenant or does not exceed six
months, the rent so fixed increased by ten per cent, thereof.


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_(b) Where the period of lease exceeds six but does not:_

exceed nine months, the rent so fixed increased by five per

cent, thereof. ,

(c) Where the period of lease exceeds nine months, the

rent so fixed.

Refixing of 5.(7) If, at anytime after the rent of a house has been

lair rent. fixed under section 4 of this Act, any addition, improve­
ment 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 the tenant and alter making
such enquiry as it thinks fit refix the rent of the house.
The rent so refixed shall be binding on both the

parties.

(2) The increase in rent allowed under sub-section (7)

of this section shall not exceed 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, impro­
vement or alteration was completed.

Bar against 6. (I) No order or decree for the recovery of posses-

passmg and s j o n o f a n y fio u s e shall be made or executed by any Court

decree^and [s o] ^o n S a s t ^i e t e n a n t Pa Ys r e n t t o t ’l c e x t e n t allowa-

orders. ble under this Act and performs the conditions of the

tenancy:

Provided that nothing in this sub-section shall apply

in a suit or proceedings for eviction of the tenant from
the house—

(«) where the tenant has done any act contrary to the

provisions of clause (m), clause (o) or clause _(p) of section_
108 of the Transfer of Property Act, 1882 or to the spirit Act TV of

of the aforesaid clauses in areas where the Act does not 1B82.

apply, or

(Z>) where the tenant has 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 _bona fide required by the.land­_

lord 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 satisfac­
tory by the Court, or

(d) where the tenant sublets the house or any part

thereof or otherwise transfers his interest in the house or

any part thereof without permission in writing from the
landlord.

(2) The fact that the period of the lease has expired,

or that the interest of the landlord in the house has been
transferred ’ shall not, of itself, be deemed to be a satis­

factory cause 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.


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' (3) Where the landlord recovers possession of a house T-

frojn a tenant on the ground that the house is _bona fide_
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 shall 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 period as the Court may fix and to pay him such

'compensation as appears to the Court to be reasonable

and proper. Such a direction shall be deemed to be a

decree under the Civil Procedure Code, 1908 and to be Act V of
capable of execution as such under the provisions of that [1908]-
Code.

(4) No tenant shall be entitled to any benefit under

            - his section, in respect of any house if he is a defaulter,

that is, if he has not paid the rent due by him in

respect of such house to the full extent allowable under
this Act within the time fixed in the contract with his

landlord or in the absence of any such contract, by the
fifteenth day of the month next following that for which
the rent is payable and, where any rent has accrued

due before the commencement of this Act, if he has not

also paid within, three months of the date of such com­
mencement all arrears of rent due by him in respect of
such house to the full extent allowable by this Act.

(5) Where the landlord refuses to accept 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 (or upon each of the landlords, where the land­
lords number more than one), and on receiving such
deposit, the Court shall cause a notice of the receipt of such
deposit to be served on the landlord (or each of the land­

lords) 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 sub-section

(4) of this section.

Duties of ' ?• Every landlord shall be bound to keep the house in

landlords, the occupation of a tenant wind-proof and water-proof 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 arrange­
ments, water-supply, supply of electricity or drainage ser-
vice in respect of the house.

_Explanation.— ‘Repair’ includes annual white-washing_

and recolouring.


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Notice on 8. (7) The Court shall, on application made to it in

perform du- perform du­ [t] ^l a t ’-,e ^ a ^ by a tenant in possession of any house, cause a

ties. notice to be served on the landlord thereof directing him,

to appear before the Court and show cause against the
application by the tenant, or within such reasonable time
as the Court may fix, to make any repairs which such land­
lord is bound to make to the house or to take any measures
for the due maintenance of any essential supply or service,
such as sanitary arrangements, water-supply or supply of
electricity or for the due maintenance of drainage service in
respect of such house.

(2) If, after receipt of such notice, the landlord does

not appear and satisfy the Court as to why he should not be
directed to make such repairs or take such measures and
also fails or neglects, within the time fixed by the Court

(or such extension thereof as the Court may allow on appli­

cation by the landlord), to make such repairs or to take
such measures, as the case may be, the tenant may submit
to the Court an estimate of the cost of such repairs or mea­ _i_
sures, and apply for permission to make such repairs or to-

take such measures himself; and thereupon the Court

may, after considering such estimate of cost and taking
such evidence as it may consider necessary, by an order
in writing permit the tenant to make such repairs or to
take such measures, as the case may be, at a cost not
exceeding such amount as may be specified in, the order
and to recover such cost from the landlord and it shall

thereafter be lawful for the tenant to make such repairs
or to take such measures himself and to deduct the cost
thereof, which shall in no. case exceed the amount so
specified by the Court, from, the rent or to recover the
amount from the landlord through the Court by execution.

Appeals. 9. A landlord or a tenant aggrieved by any decision

or order of the Court under the provisions of sections 4 (1),
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.

Rules. 10. The Provincial 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 of the
carrying out of the provisions of this Act.

11. Notwithstanding the expiration of the Assam Urban

Previous Areas Rent Control Act, 1946, any decision given, order

decisions,

made or anything done or any action taken or any proceed- Assam Act

orders, etc.

t <o^continueo ings commenced under any of the provisions of the said Act [111 o f]

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.

S. M. LAHIRI,

_Secy, to the Govt, of Assam, Leg. Deptt._


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