The Assam Urban Areas Rent Control (Amendment) Act, 1966
The 13th March, 1967

**No.LJL. 25/66/14. —The** following Act of the Assam Legislative

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

ASSAM ACT II OF 1967

**(Received the assent o f the President on the 10th March, 1967)**

THE ASSAM URBAN AREAS RENT CONTROL ACT, 1966

[Published in the Assam Gazette, Extra-Ordinary, dated the 14-th March, 1967]

**An**

**Act**

**to fix fair rents o f houses situated w ithin the lim its o f**

**urban areas in A ssam including Cantonm ents.**

Preamble. WHEREAS it is expedient to fix fair rents of houses

situated within the limits of urban areas in Assam
including Cantonments ;


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It is hereby enacted in the Seventeenth Year of the

Republic of India as follows: —

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

extent and
commence­ Areas Rent Control Act, 1966.
ment.

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

including Cantonments as defined in the
Cantonments Act, 1924 ; provided that Act II of
nothing in this Act shall prohibit the 1924.
Officer Commanding the Station to

appropriate any premises under the A ct of

Cantonments (House Accommodation) 1923
Act, 1923.

(b) The State Government may, by notifica­

tion in the official Gazette, extend it also
to all such areas as are declared town
lands under rule 64(a) of the Settlement Regulation
Rules under the Assam Land and Reve- 1 of 1886.

nue Regulation, 1886 or the Assam Land ACf

Revenue Reassessment Act, 1936. 0

(3) It shall come into force at once ’and shall

remain in force for five 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.

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

in the subject matter or context,—

(a) “ 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 ;

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

or any part thereof, let or to be let separately

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for residential or non-residential purposes,
and includes—

(i; the garden, ground and out-house, if any

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

(ii) any furniture supplied by the landlord

for use by the tenant in such house, but
does not include any premises belonging
to the State Government or Central
Government or a Local Authority ;

(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 per­
son ; 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 land­
lord but does not include the State Govern­

ment or Central Government or a Local

Authority ;

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

(i) cemented, or wooden floor,

(ii) iron, brick or concrete posts, and

(iii) roof of reinforced concrete, or of galva­

nised iron, aluminium or asbestos 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
cost of construction and the market price of
the land on the date of commencement of the
construction together with the total municipal
taxes payable in respect of the house and
Urban Immovable Property Tax under the

Assam Urban Immovable Property Tax Act, Assam Act

1963, and monthly rent shall be equal to one- ^963°[f]

twelfth of the annual payment so calculated ;

(f) “ 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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i„g) urban area means any area declaredAobe, 4

or included in, a municipality under the

provisions of sub-section (2) of Section 5 of
the Assam Municipal Act, 1956 or declared Assam Act
to be a notified area under the provisions of XV of 1957.

sub-section (4) of Section 334 of the said Act,
and includes a Cantonment as defined in Act II of

Section 3 of the Cantonments Act, 1924. 1924.

Fair rent. 3. (i) Subject to the provisions of this Act and not­

withstanding any contract to the contrary, no landlord

shall be entitled to charge rent for any house at a

figure higher than the standard rent.

(2) If at any time after the first fixation of standard

rent the market price of the land and the cost of
construction as on the date of commencement of cons­
truction increases by more lhan twenty-five per cent
on the basis of the value of the land and the cost of
construction estimated at the subsequent prevailing
market rates, then the landlord shall be entitled to
have the monthly rent increased by an amount not
exceeding one-twelfth of the seven half per cent of
the additional increase in the original market price of
the land and the cost of construction, from the date
as may be determined in the manner prescribed subject
to a maximum of fifty per cent of the original standard
rent:

Provided that no subsequent revision or increase in

the standard rent shall be permissible until at least a
period of not less than 5 years has elapsed since the
preceding fixation or refixation of rent as the case may
br.

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

under the provisions of the A.ct, any addition, improve­
ment or alteration (not being repairs within the mea­
ning of the provisions of Section 6) is effected at the
landlord’s expense which was not taken into consi­
deration in fixing the standard rent, then the landlord
shall be entitled to have the monthly rent increased by
an 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 alteration was
completed.

Procedure for 4. (1) If any dispute arises regarding the rent p a y

determina- able in respect of any house, it shall be determined by

tion of fair rent. C 0Urt.

(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 state, but it may allow the
landlord 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 terms of any_

arrangement by the landlord and the tenant, the rent
is payable on a basis other than at a monthly or a

yearly rate, the average monthly rent for such a house
shall be calculated as 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 $ion of any house shall be made or executed by any
execution^of (jo u r t so long as the tenant pays rent to the full extent
orders for allowable under this Act and performs the conditions

ejection.. 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 Property Act, 1882 or to the spirit of the A c t IV o f
aforesaid clauses in areas where the said Act 1882.
does not apply, or

(b) 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 _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 satis­
factory 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 per­
mission in writing from the landlord, or

(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.


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(3) Where the landlord recovers possession of

a house from a tenant on the ground that the
house is _bonafide required_ by him for purpose of

repairs or rebuilding or for his own occupation

or for the occupation of any person for whose bene­
fit the house is held, and the repairs or the re­

w 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 sc
occupied is witbin 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
period as the Court may fix and to pay him such
compensation as appears to the Court to be reason­

able and proper. Such a direction shall be deemed

to be a decree under the Gode of Civil Procedure,

1908 and to be capable of execution as such under **Act** V of

1908,

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 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 land­
lord 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.

n BtieLo f 6. Every landlord shall be bound to keep wind

anJor % pr o o f a n d w ater proof any house which is in

occupation of a tenant and to carry out other

repairs which he is bound to make by law, con­
tract 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 7. (1) If the landlord neglects to make such _it_

landlord
perform repairs or to maintain such existing essential supplies
duties. and services as he is bound to do under the

provisions of Section 6, 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.


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(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 mea­
sures 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 ne­

cessary ; and it shall thereafter he 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 deemed
to be a decree under the Code of Civil Procedure, Act V of

1908 and to be capable of execution as such under 1908,

the provisions of that Code.

Appeals. 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 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.

Rules. 9. (1) 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 this Act and also for
the purpose of the carrying out of 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 Legisla­
tive Assembly agree in making any modification in the
rule or the Assam Legislative 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 be ; so however, that any such modi­
fication or annulment shall be without prejudice to the
validity of anything previously done under that rule.


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8

Repeal and 10. (1) The Assam Urban Areas Rent Control Act, Assam Act

Savings. 1961 is hereby repealed. 11 0119 21

(2) Notwithstanding such repeal—"

(a) any decision given, order made, anything

done, any action taken or any proceedings
commenced 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 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 ;

(b) if 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.

B. SARMA,

Secy, to the Govt, of Assam,

Law Department.


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