The Assam Urban Areas Rent Control (Amendment) Act, 1972
THE ASSAM URBAN AREAS RENT CONTROL **ACT, 1972**

**(Received the assent o f the President on the 1st May, 1972)**

[Published in the Assam Gazetie Extraordinary, dated the 2nd May, 1972]

**An**

**Act**

**to fix fair rents o f houses situated within the lim its o f Urban**

Areas in Assam.

**Preamble.** W hereas it is expedient to fix fair rents of

houses situated within the limits of urban areas in             -

Assam and matters connected therewith;

It is hereby enacted in the Twenty-third Year of

the Republic of India as follows :— f

**Short title,** 1. (|) This Act may be called the Assam

**extent and** Urban Areas Rent Control Act, 1972,
**commence­**

**ment.**

(2) (a) It extends to all urban areas in Assam,

(b) The State Government may, by notifica-

tion in the official Gazette, extend it also to all **Assam**

such areas as are declared town lands under rule **Regulation**

64(a) of the Settlement Rules under the Assam **I of 1816.**
Land and Revenue Regulations, 1886 or the Assam
Land Revenue Reassessment Act, 1936. **Assam Act**

**VIII** **of**

(c) Nothing in this Act shall apply;— 1936.

(i) to any premises belonging to Central Govern­

ment, or

(ii) to any tenancy or other relationship created

by a grant from Central Government in res­

pect of the premises taken on lease, or requisi­

tioned by Central Government;

Provided that where any premises belonging to

Central Government have been or are lawfully let by

any person by virtue of an agreement with that

Government or otherwise, then, notwithstanding anv

judgment decree or order of any Court or other

luch tenancy, authority the provISions of this Act shall apply ta 7

i(


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**(3) It shall come into force** **_at once._**

OeSni.ions. 2. In this Act, unless there is anything

repugnant in the subject or context—

(a) “ Court” means the Court of Ordinary Civil

Jurisdiction in the area in which a bouse is

situated which would be competent to pass
a decree for the eviction of a tenant <rom
that house ;

(b) “house” means any building, hut or shed, ®r

atty part thereof, let or to be let separate!/
for residential or non-residentia[!] purposes,
and includes—

(i) the garden, ground and out-house, if at y.

appui tenant to such bu 1-bng, hut, si ed
or part thereof; and

(ii) any furniture supplied by the L ndicrJfor

use by the tenant in st ch houses ;

**(c)** “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 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 sub-let any house
and includes every person not being

a tenant who from time to time derives
title under a landlord ;

(d) “pucca structure” means a structure with—

(i) cemented, or wooden floor,

(ii) iron, brick or concrete posts, and

(lii) roof of reinforced concrete, or of galva­

nised iron, aluminium or asbestes

sheets ;

(e) “standard rent” in relation to any house

means the rent calculated on the basis of
annual payment of an amount equal to

seven and half per cent of the aggregate
amount of the estimated cost of construction
and the market price of the land together
with the total municipal taxes payable


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in respect of the house and Urban Immov­
able Property Tax under the Assam Urban Assam Act

Immovable Property Tax Act, 1969, a n d [X]                   - [o f1 9 6 9 -]
monthly rent shall be equal to one-twelfth
of the annual payment so calculated ;

Provided that in fixing the “ standard rent” of

the first floor or any other floor above in a multi­
storeyed building, the value of the land is to be taken
into consideration as it is so done in case of ground

floor or other type of building.

**Explanation:—For the purpose of this** clause,

cost of construction shall mean the estimated cost
required lor the construction of the house less **de­**
preciation at one per cent for a building with pucca
structure and two per cent for a building with

non-pucca structure per annum of that amount

from the actual date of completion of construction
of the house provided that if the house was originally
constructed as a smaller house or a non-pucca

structure and was subsequently extended or developed
**into** a pucca structure, the depreciation in respect
of the portion so extended or developed shall be
calculated from the date of completion of the exten­
**sion or** development.

(f) “ tenant” means any person , by whom or

on whose behalf rent is payable for any
house and include? every person who from
time to time derives title under a tenant;

(g) “ urban area” means any area declared to

be, or included in, a municipality under
the provisions of sub-section (2) of Section 5

of the Assam Municipal Act, 1956 or Assam Act,
declared to be **a** notified area under the XVofl!>57,
provisions of sub-section (v[4) of Section 334 ]

of the said Act.

Fair 3. (1) Subject to the provisions of this Act

and notwithstanding any contract to the contrary, no

landlord shall be entitleci to charge rent for any house

at a figure higher than the standard rent.

(2) If at any time after five years from the date

on which a house is in continuous occupation of a
tenant, the market price of the land and estimated
**cost** of construction of the house increases by more
than twenty-five per cent on the basis of the value
of land and cost of construction of the house

on the date of preceding fixation of fair rent, then

the landlord shall be entitled to have monthly rent


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increased by an amount not exceeding one-twelfth
of the seven and half per cent of the increase in
the market price of land and cost of construction,
on the date of preceding fixation of fair rent from
the date as may be prescribed subject to a maximum

of fifty per cent of the preceding standard rent:

Provided that subsequently after lapse of every

fi.e years of the revision of fair rent, i[r] the market
price of land and the estimated cost of cons­

truction of house increases by more than twenty-five
per cent on the basis of market value of land and
the estimated cost of construction of house on the
date of preceding revision of fair rent, then the

landlord shall be entitled to have monthly rent

»

increased by an amount not exceeding one-twelfth
of the seven and half per cent of the additional
increase in the market value of land and the esti­

mated cost of construction of house on the date of
preceding revision of fair rent, from the date as

may be prescribed subject to a maximum of fifty per
cent of the revised fair rent.

(3) If at any time after the standard rent is fixed

under the provisions of the Act, any addition,

improvement or alteration (not being repairs within
the meaning of the provisions of Section 6) is effected
at the landlord’s expense which was not taken into

consideration in fixing the standard rent, then the

landlord shall be entitled to have the monthly rent
increased by ar. amount not exceeding one-twelfth of
seven and half per cent per annum of the cost of such
addition, improvement or alteration with effect from
the date on which the addition, improvement or altera­
tion v.as completed.

(4) If at any time after the standard rent is fixed

under the provision of the Act, there is a

variation of tax by way of Municipal assessment of the
building and under the Assam Urban Immovable

Property Tax Act, 1569, then the standard rent will be . A

liable to be fixed taking the variation into account. x/of^iseth

Procedure 4 (1) If a n y dispute arises regarding the rent

ruination[1] Cof Pa Ya hle in respect of any house, it shall be determined

fair rent. 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 accor­
dance with the provisions of Section 3 and the rent so
determined shall be binding on both the parties.


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(3) Where the Court determines the monthly

rent for any house under this Section, it shall do
so for the house in the unfurnished stite, but it
may allow the Jandloid to charge an additional

amount per month on account of the furniture

supplied by him :

Provided that such additional amount shall not

exceed one-twelfth of seven and half per cent of the
cost of such furniture on the date on which the
Court determines the monthly rent for the house.

**Explanation.—Where according** to the term

of any arrangement by the landlord and the tenant,
the rent is payable on a basis other than at a
monthly or a } early rate, the average monthly rent

for such a house shall be calculated as _i_

thirty times the proportionate daily rent for the period
in respect of which the arrangement is made.

Bar against 5- (1) No order or decree for the recovery of posses-

passing and sion of any house shall be made or executed by any
execution of Co u r t So long as the tenant pays rent to the full extent
orders ^or allowable under this Act and performs the

ejection. 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:—

**(a)** where the tenant has done anything contrary

to the provisions of clause (m), clause (o) or
clause (p) of Section 108 of the Transfer of Central Act
Property Act, 1-882 or to the spirit of the [4 o f 1882]-
aforesaid clause in areas where the said Act
does not apply, or t

(b) where the tenant has been guilty of conduct

which is a nuisance or an annoyance to the
occupiers of the adjoining or neighbouring
bouses, 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

satisfactory by the Court, or

fd) where the tenant sublets the house or any

part thereof or otherwise transfers his interest
in the house or any part thereof withou
permission in writing from the landlord, or


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(e) where the tenant has not paid the rent law­

fully due from him in respect of the house
within a fortnight of its falling due, or

(f) where the tenant has built, acquired or been

allotted a suitable residence.

(2) The transfer of the interest of the landlord in

the house shall not affect the right of the tenant
provided the tenant pays rent allowable under this
Act to the transferee.

(3) Where the landlord recovers possession of **a**

house from a tenant on the ground that the house
is _banafide_ required by him for purpose of repairs

or rebuilding or for his own occupation or for the
occupation of any person for whose benefit the house
is held, and the repairs or the rebuilding 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 ev[:]cted 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 com­
pensation as appears to the Court to be reasonable
and proper. Such a direction shall be deemed to c c n 1 ra ] Act
be a decree under the Code of Civil Procedure, 5 0 ( 1908.

1908 and to be capable of - executi< n as such

under the provisions of that Code.

(4) Where the landlord refuses to accept the

lawful rent offered by his tenant, the tenant may.
within a fortnight of its bee ming 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 land ord, and the amount of the deposit may
there Iter be withdrawn by the landlord cn appli­
cation made bv him to the Court in that behalf.
A ten nt who hrs made such deposit shall not be
treated as a defaulter under clause (e) of the provise
to sub-section (1) of this section.

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Duties of **6.** Every landlord shall be bound to keep wind-

n o rd - proof and water-proof any house which is in occu­
pation 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 recolouring.

Notice on 7.(1) If the landlord neglects to make such repairs

landlord o r l o [ maintain such existing essential supplies and ]

s e r v ' c e s a s he is bound to do under the provisions
of Section 6, the Court may, on the application

of ti e] 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 6 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 may on application of
the tenant permit him to make such repairs or take
such measures, as the case may be, at a cost not
exceeding the amount determined by the Court

after taking such evidence as it may consider neces­
sary ; and it shall thereafter be lawful for the tenant j

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- c e n tra l A ct
section the order of the Court shall be deemed to 5 of;908.
be decree under the Code of Civil ' Procedure,

l°08 and to be capable of execution as

suv h under the provisions of that Code.

Appels. 8. A landlord or a tenant aggrieved by any

decision or order of the Court under the provisions
of Sections 4, 5 and 7(2) of this Act shall have

a right of appeal against the same as if such deci­
sion 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.


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Rules. 9.(1) The State Government may, by notification

in the official Gazette, make rales prescribing the

Court fees to be paid on applications made to the
Court under the provisions of this Act and

also for the purpose of carrying out the

provisions thereof.

(2) Every rule made under this section shall

be laid as soon as may be after it is made, before
the Assam Legislative Assembly while it is in session
for a total period of fourteen days which may- be
comprised in one session or in two successive sessions,
and if, before the expiry of the session in which
it is so laid or the session immediately following

the Assam Legislative Assembly agree in making

any modification in the rule or the Assam Legis­

lative Assembly agree that the rule should not be
made, the rule shall thereafter have effect only in
such modified form or be of no effect, as

the case may b e ; so however, ■ that any such

modification or annulment shall be without pre­

judice to the validity of anything previously done

under that rule.

Repeal and 10.(1) The Assam Urban Areas Rent Control Act, Assam Act
’•vmgs. jggg h e r e b y re p e a ! e d < II of 1967

(2) Notwithstanding such repeal—

(a)(i) any decision given, order made, anything

done, any action taken or any proceedings commen­
ced under any of the provisions of the Act repealed
and in force immediately before the commencement
of this Act shall, in so far as they are not in­

consistent 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 A ct;

(ii) rent for a house payable for the period

during the life of the Act repealed will be, deter­
mined under the corresponding provisions cf the
Act repealed.

(b) it any decree or order has been made

by any Court under the provisions of the Act

repealed, fixing the rent of any house then the

rent so fixed shall be liable to be refixed under
the corresponding provisions of this Act.

(3)(a) The Assam Urban Areas Rent Control

Ordinance, 1972 is hereby repealed.


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(b) Notwithstanding such repeal, anything done A»sarh Or-

or any action taken under the Ordinance as repealed
i-hall be deemed to have been done or taken under

this Act as if this Act had commenced on the
thirteenth day of March, 1972 (date of promul­

gation of the Ordinance).

ASSAM ACT XVIII OF 1972

THE ASSAM APPROPRIATION fNo.II) ACT, 1972

**(Received the assent of the Governor on the 29th June, 1972)** **«**

[Published in the _Assam Gazette, Extraordinary, dated the 30th June, 1972]_

_An_ _i_

_Act_

_to provide fo r the withdrawal o f certain sums from and out o f the_

_Consolidated Fund o f the State o f Assam to the service o f_

_the year_ _ending_ _on_ _the_ _thirty-first_

_day o f March, 1973._

It is hereby enacted in the Twenty third Year of

the Republic of India as follows:—

Short title 1.fl This Act trav be called the Assam Appropriation
mencement". A ct, 1972.

(2> The Act shall come into force with effect

from 1st Ap il, 1972.

ofRs'l 87*83 F[rO m] and out of the Consolidated Fund of the

80,900’from ’ ^ [t a t e] Assam there may be paid and applied sums

out of the n o t exceeding those specified in column (3) of the Sche-

(lonjolidated dule amounting in the aggregate [inclusive of the sum

Fund of At- specified in column (3) [') to the Schedule to the
sam tor lhe a _______ A

financial ^ear . Assam Appropriation (Vote on Account Act), 1971]

1 972-73. to the sum of rupees (eighty-three crores two hundred

eigi ty-one lakhs, and nine hundred towards defraying

il e several charges which will come in course of pay

ment durirg the year ending on the thirty-first day
of M: rch, 1973 in respect of the services specified

in column (2) of the Schedule.

Appropria. 3. The sums authorised to be paid and applied

tion. from and out of the Consolida cd Fund of tne State o f
Assam by th s Act, shall be appropriated for the services

and purposes expressed in the Schedule in relation to
the year ending on the thirty-first day of March, 197j


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