The Assam Urban Areas Rent Control (Amendment) Act, 1972

42 ASSAM ACT XVII OF 1972 THE ASSAM URBAN AREAS RENT CONTROL ACT, 1972 (R eceived the assen t o f the President on the 1st M ay, 1972) [Published in the Assam Gazetie Extraordinary, dated the 2nd May, 1972] An Act to fix fa ir ren ts o f h ouses situated w ithin th e l im its o f U rban A reas in A ssam . Preamble. Whereas 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, tion such 64(a) Land Land (b) The State Government may, by notifica- in the official Gazette, extend it also to all areas as are declared town lands under rule of the Settlement Rules under the Assam and Revenue Regulations, 1886 or the Assam Revenue Reassessment Act, 1936. Assam Regulation I of 1816. (c) Nothing in this Act shall apply;— Assam Act VIII of 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 authority the provISions of this Act shall apply ta luch tenancy, 7 i( 43 -Z (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 nd icrJfo r 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 X 44 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. Fair (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 (v4) of Section 334 of the said Act. 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 45 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, ir 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 ruination1 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. 46 (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 h im : 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 ^ o r 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 1 8 8 2- 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 47 (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. - 48 Duties of 6. Every landlord shall be bound to keep wind- n o r d - 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, a t 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 tr a l A c t 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. s ' ■ -• 49 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 r e 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 c t; (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. 50 (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 XV III OF 1972 THE ASSAM APPROPRIATION fNo.II) ACT, 1972 (R eceived the assent o f 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 M arch, 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 c t, 1972. (2> The Act shall come into force with effect from 1st Ap il, 1972. Fund of At- specified in column (3) sam tor lhe a _______ A financial ^ear 1 972-73. ofRs'l 87*83 Fr O 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 [') to the Schedule to the . Assam Appropriation (Vote on Account Act), 1971] 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