The Assam Urban Areas Rent Control Act, 1961
**ASSAM ACT No.II OF 1962**

THE ASSAM URBAN AREAS RENT CONTROL ACT, 1961

(As passed by the Assembly)

**Received the assent of the President on the 7th March 1962**

[Published in the _Assam Gazette, Extraordinary, dated the 15th March 1962]_

_An_

_Act_

_to fix fair rents of houses situated within the limits of urban areas in Assam_

_including Cantonments._

**Preamble** Whereas it is expedient to fix fair rents of houses

situated within the limits of urban areas in Assam

including Cantonments ;

It is hereby enacted in the Twelfth Year of the

Republic of India as follows :—

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

**extent and** Areas Rent Control Act, 1961.
**commence­**
**ment.**

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

including Cantonments as defined in the Cantonments
Act, 1924 ; provided that nothing in this Act shall Act II of

prohibit the Officer Commanding the Station to ‘

appropriate any premises under the Cantonments Act VI of

(House Accommodation) Act, 1923. **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 (tz) of
the Settlement Rules under the Assam Land and Re- **Regulation**
venue Regulation, 1886 or the Assam Land Revenue o f

Reassessment Act, 1936. v in ^o f

**1936.**

(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 Land-lord any rent, inte­
rest or other sum which during the continuance

thereof was irrecoverable or affect the right of the
tenant to recover any sum which during the continu­
ance thereof was under this Act recoverable by him.


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beriniticns. 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 for
residential or non-residential purposes, and inclu­

des-*

(t) the garden, ground and out-house, if any

appurtenant to such building, hut, shed

4 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, ox 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 guardi: a 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 the State Government 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 galvanised

iron, aluminium or asbestos sheets ;

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

means the rent calculated on the basis of annual pay­
ment 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 commence­
ment of the construction together with the total muni­
cipal taxes payable in respect of the house, and
monthly rent shall be equal to one-twelfth of the
annual payment so calculated.

_Explanation.— For the purpose of this sub-clause,_ cost

of construction shall mean the actual cost required for

the construction of the house less depreciation at 1 per


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cent for a building with pucca structure and 2 per
cent for a building with non-pucca structure per
annum of that amount from the actual date of com­
pletion 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
extension 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

©r included in, a municipality under the provisions of
sub-section (2) of section 5 of the Assam Municipal Assam An

Act, i956 or declared to be a notified area under the [x v o f] *[e 5 7] '
provisions of sub section (4) of section 33 4 of the said A c t[ n of ]

Act, and includes a Cantonment as defined in section 1924.

3 of the Cantonments Act, 1924

Fair rent. 3. Subject to the provisions of this Act and

notwithstanding 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 standard rent is fixed

under the provisions of this Act, any addition, im­
provement 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 con­
sideration in fixing the standard rent, then the land­
lord shall be entitled to have the monthly rent increas­
ed 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 4. (1) If any dispute arises regarding the rent

for determi- payable in respect of any house, it shall be determined
l air rent. nation of b ' tf a G t

(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 lor the house in accor­
dance with the provisions of section 3 and the rent so
determined shall be binding on both the parties.

(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 :


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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 arrange­
ment is made.

Bar against 5. (j) N o order or decree for the recovery of

execution P[o s s e s s] i°[n] of any house shall be made or executed by

decree and any Court so long as the tenant pays rent to the full

orders for extent allowable under this Act and performs the con-

ejection. ditions 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 (0) or clause (/>)

o [r] section 108 of the Transfer of Property Act, 1882 or I v

to the spirit of the aforesaid clauses in areas where the 1332,
said Act does not 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 _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

(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, or

(«) where the tenant has not paid the rent lawfully

due from him in respect of the house within a fortnight

.of its falling due, or

) 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
_bonafide required by_ him for purpose 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 n o
commenced or the house is not occupied by the land­
lord or such person within fifteen days of the date of


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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 vaca­
ting the house, direct the landlord to put the evicted
tenant in possession of the house within such period as
the Court mav 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 Code of Civil Procedure, 1908 and to be capable
of execution as such under the provisions of that Code [Act V ] of

1908.

(4) Where the landlord refused to accept the law­

ful rent offered by his tenant, the tenant mav, 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 with­
drawn 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 sec­
tion

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

lac dittos, proof and water proof any house which is in occupa­

tion of a tenant and to carry out other repairs which
he is bound to by law, contract or custom and also to
maintain the existing essential supplies and services
such as sanitary arrar gement, 'a ater-supply, supply of
electricity or drainage service in respect of the house.

_Explanation_ —-“ Repair” includes annual white-wash­

ing and recolouring.

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

'antfiord to o r t o m a ;n tain such existing essential supplies and ser-

Pdufies? v ic e s a s i[s] 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.

(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 restora­
tion of the essential supplies and services as contem­
plated in section 6 within a period fixed by the Court.

(3) If the landlord fails or neglects to make such

repair or to take such measures within a period fix
by the Court, the Court may on application of


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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 necessary ; and it shall
thereafter be lawful for the tenant to make such repair
or take such measures and to deduct the cost thereof
from the rent or to recover the amount from the land­
lord through the Court by execution, and for the pur­
pose of this sub-section the order of the Court shall be
deemed to be a decree under the Code of Civil Proce-)3Act v f

, dure, 1908 and to be capable of occupation as such"' 1908. j

under the provisions of this Code.

Appeals. 8. A landlord or a tenant aggrieved by any decision

or order of the Court under the provisions of sections
4, 5, 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. (i) 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) All rules made under this section shall be laid

for not less than fourteen days before the Assam Legis­
lative Assembly as soon as possible after they are made
and shall be subject to such modifications as the
Legislative Assembly may make during the session in

„ which they are so laid or the session immediately
following.

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

i. Savings. 1955 is hereby repealed. Ill of 1956.

(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, dene, taken or
commenced under the corresponding provisions of this
A ct;

_(b)_ if a decree or order has been made by any

Court under the provisions of the Act repealed, fixing

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


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