The Assam Urban Areas Rent Control (Amendment) Act, 1946
_The 28ih September 1946_

**No.L.1002/46/22.— The following Act of the Assam Legislature having been**

assented to in His Majesty’s name by the Governor, is hereuy published for

general information :—

**[Received the assent o f the Governor on the 28th Septem ber 1946]**

**ASSAM ACT III OF 1946**

TH E ASSAM URBAN AREAS RENT CONTROL ACT, 1946

_[Passed by the Assam Legislature}_

[Published in the Assam Gazette^ Extraordinary, of the 30th September 1946]

_An ■ Act_

_to restrict temporarily the increase o f rents o f houses situated within_

_the limits o f urban areas in Assam._

Whereas it is expedient to restrict temporarily the increase of rents

of houses situated within the limits of urban areas in Assam and where­
as the previous sanction of the Governor under section 299(3) of the
Government of India Act, 1935, has been obtained to introduce this
Bill ;

It is hereby enacted as follows :—

Short title, 1.(1) This Act may be called the Assam Urban Areas Rent

extent, com- Control Act, 1946.

(2) It extends to all urban areas in Assam.
(3) It shall come into force on such date as the Provincial

Government may, by notification in the Official Gazette, appoint in
this behalf, and shall remain in force for one year from the date of
its enforcement provided that the Government may from time to time
by notification in the Official Gazette extend the operation of the Act
for such further period or periods not exceeding one year at a time and
to a total of two years as it may deem fit.

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

matter or context,—-

(?) “ The Court” means the Court of Ordinary Civil Jurisdic­

tion 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.

(uj “ House” means any building, hut or shed, or any part there­

of, let or to be let separately for residential or non-residential purposes,
and includes :—

(<z) the garden, grounds 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.

_(Hi) “ Landlord” means, any person whois, 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
of 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.

(z'r) “ 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,


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(y) “ Urban area” means any area declared to be, or included in,

a municipality under the provisions of clauses _(a) and (Z>) of sub-section_

(2) of section 5, or declared to be a notified area under the provisions A ssam

of sub-section (4) of section 328, or deemed to be such under the pro- Act I
viso to that sub-section, of the Assam Municipal Act, 1923. of

1923.

m^enhance 3. Subject to the provisions of this Act and notwithstanding any

mernof rent.[c o n t r a c t to] the contrary no landlord shall be entitled to charge month­

ly rent for any house at a figure higher than the average monthly
rent 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, determine 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.

Fixing of fair 4.(1) The Court shall, on an application made before it in this

rent. behalf by the landlord or the tenant, issue notice 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 Septem­

ber, 1943, inclusive, the rent fixed by the Court shall not be less than
the average monthly rent received by the landlord during that period.

_Explanation.-—For the purposes of section 3 and sub-section (1)_

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 (1) 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,

(Z>) 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.


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Re-fixing of 5. (1) If, at Any time after the rent of a house has been fixed

fair rent. u n ( j e r section 4 of this Act, any addition, improvementor 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 after 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 (1) 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, improvement or.alteration was completed.

Bar against 6. (1) No order or decree for the recovery of possession of any

passing and execution of house shall be made or executed so long as the tenant pays rent to the
decree and full extent allowable under this Act and performs tlie conditions of the
orders. tenancy :

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

proceedings for eviction of the tenant from the house—■

(<2) where the tenant has done any act contrary to the provisions

of clause (m), clause (0) or clause (j&) of section 108 of the Transfer of Act

Property Act, 1882 or to the spirit of the aforesaid clauses in areas

where that Act does not apply, or

(6) 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 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
satisfactory by the Court.

(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 satisfactory 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.

(3) Where the landlord recovers possession of a house from a

tenant on the ground that the house is _bona fide required by him for pur­_

poses of repairs or re-building or for his own occupation or for the occu­
pation 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 occu­
pied 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 occu-
pied is within six months of the said date re-let to or allowed to be posses­
sed by any other person, the Court shall on the application of the evict­
ed 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 **Act**

**V of**

and to be capable of execution as such under the provisions of that **1908.**

Code.


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(4) No tenant shall be entitled to anv benefit under this 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 allow­
able 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 pavable 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
commencement all arrears of rent clue 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
landlords number more than one), and on receiving such deposit, the
Court shah cause a notice of the receipt of such deposit to be served
on the landlord (or each of the landlords) and tlje 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** 7. Every landlord shall be bound to keep the house in the

landlords, 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 arrangements, water supply, supply of electricity or
drainage service in respect of the house.

_Explanation.— ‘Repair’ includes annual white-washing and recolour­_

ing.

Notice on 8. (1) The Court shall, on application made to it in that behalf

landlord to by a tenant, in possession of any house, cause a notice to be served on

pcriorm t [p] e [ ]]a n c [ji]o rc [i thereof directing him, to appear before the Court and ]
show cause against the application by the tenant, or within such reason­
able 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 arrange­
ments, water supply or supply of electricity or for the due mainte­
nance of drainage service in respect of such house.

, (2) If, after receipt of such notice, the landlord docs 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 application 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 measures, and apply for per­
mission 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 reco\ er 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.


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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.

H. C. STORK,

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


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