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 (R eceived the a ssen t o f the P resid en t on the 10th M arch, 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 fa ir ren ts o f houses s itu a ted w ith in the lim its o f urban areas in A ssam including C antonm ents. Preamble. WHEREAS it is expedient to fix fair rents of houses situated within the limits of urban areas in Assam including Cantonments ; 2 It is hereby enacted in the Seventeenth Year of the Republic of India as follows: — Short title, extent and commence­ ment. 1. (1) This Act may be called the Assam Urban Areas Rent Control Act, 1966. (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 c t 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 k for residential and includes— A * 3 or non-residential purposes, (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 ; 4 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 ren t: 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 a t 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 C0Urt. rent. (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. >• (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. 6 w (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 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 the provisions of that Code. Act V o f 1908, (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 Bt ieLo 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. Notice landlord perform duties. Explanation— “ Repair” includes annual white­ washing and recolouring. 7. (1) If the landlord neglects to make such repairs or to maintain such existing essential supplies 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. it (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. 8 Repeal and Savings. 10. (1) The Assam Urban Areas Rent Control Act, Assam Act 1961 is hereby repealed. 11 0 1 1 9 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.