The Assam Non-Agricultural Urban Areas Tenancy Act, 1955

ASSAM ACT X II OF 1955A
THE ASSAM NON-AGRICULTURAL URBAN AREAS TENANCY ACT, 
1955
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(Passed by the Assembly)
(R eceived the a ssen t o f  the P resident on th e 26th June 1955)
[Published in the Assam Gazette, dated the 6th July 1955]
An
Act to regulate in certain respects the relationship between landlord and tenant in respect 
of non-agricultural lands in the urban areas of the State of Assam.
P ream b le.— Whereas it is expedient to regulate in certain respects the 
relationship between landlord and tenant in respect of non-agricultural lands 
in the urban areas of the State of Assam.
It is hereby enacted in the Sixth Year of the Republic of India as follows:—
1. Short title , extent and com m en cem en t.— (1) This Act may be called 
the Assam non-Agricultural Urban Areas Tenancy Act, 1955.
2. It extends—
(а) to the urban areas in the State of Assam ; and
(б) to any other areas which have been or may hereafter be declared town 
lands under clause (a) of Rule 64 of the Settlement Rules made under 
the Assam Land and Revenue Regulation, 1886 (Regulation I of 1886) 
or the Assam Land Revenue Re-assessment Act, 1936 (Assam Act V III 
of 1936).
(3) It shall come into force on such date as the State Government may, by 
notification in the official Gazette appoint.
2. A pplication.— Notwithstanding anything contained in any contract or 
in any law for the time being in force, the provisions of this Act, shall apply 
to all non-agricultural tenancies whether created before or after the date on 
which this Act comes into force:
(t) Provided that the provisions of this Act shall not apply to :—
( a) Government land held under an ‘annual’  or ‘short lease’ as defined 
in the rules made under the Assam Land and Revenue Regulation, 
1886 (Regulation I of 1886.) ; or
( Z > )  Land held by the Government of India or by any Local Authority 
or by the State Government, or
(c) any holding which contains one or more buildings owned by the
landlord and which has been let out to any person, or
(d) Land used for residence of the landlord or reserved for being used
for such purpose in its vicinity and let out to persons or let out in 
lieu of service or merely in consideration of relationship or 
affection:
(ii) Provided further that nothing in this Act shall affect the perma­
nent, heritable and transferable rights acquired under any existing 
law or contract or otherwise or the rights of the Government 
as against the landlord and the tenant.
3. D efinitions.'— In this Act, unless there is anything repugnant in the 
subject-matter or context:—
(a) ‘holding’ means a parcel or parcels of land or an undivided share 
thereof held by a tenant, and forming the subject-matter of one 
and the same tenancy ;
[Price annas 2 or 2d.]

(A ) ‘land’ means land which is let or occupied for residential or busi­
ness purposes or for purposes incidental thereto, and includes 
sites for buildings, water, water-ways, drains, ditches, canals, 
tanks and wells appertaining to such land ;
(t) ‘landlord’  means a person immediately under whom a tenant holds 
but does not include the Government ;
(d) ‘permanent structure’  in relation to any locality means a structure 
which is regarded as permanent in that locality;
(«) ‘prescribed’  means prescribed by a rule made under this Act ;
( / )  ‘rent’  means whatever is lawfully payable in money or in kind by 
a tenant to his landlord on account of the use and occupation of 
his holding under such landlord ;
(g) ‘tenant’ means a person who holds land under another person, other 
than Government and who is, but for a special contract liable to 
pay rent for that land to the latter, and includes a person who 
derives his title from a tenant, and a person who continues in 
possession of any land after termination of his tenancy in respect 
of that land ;
(A) ‘urban area’ means any area declared to be included in a Munici­
pality under the provisions of clauses (a) and (b) of sub-section 
(2) of section 5, or declared to be a notified area under the provi­
sions of sub-section (4) of section 328 or deemed to be such 
under the proviso to that sub-section, of the Assam Municipal Act, 
1923 (Assam Act I of 1923).
4. O bligation to pay ren t.— A tenant shall pay rent for his holding at fair 
and equitable rates:
Provided that in case of dispute the rate at which rent has been previously 
paid by a tenant immediately before the dispute shall be deemed to be fair and 
equitable unless the contrary be proved in a competent Civil Court.
5. P rotection  from  ev ictio n .— (1) Notwithstanding anything in any con­
tract or in any law for the time being in force—(a) where under the terms of a 
contract entered into between a landlord and his tenant whether before or after the 
commencement of this Act, a tenant is entitled to build, and has in pursuance of 
such terms actually built within the period of five years from the date of such con­
tract, a permanent structure on the land of the tenancy for residential or business 
purposes, or where a tenant not being so entitled to build, has actually built any 
such structure on the land of the tenancy for any of the purposes aforesaid with the 
knowledge and acquiescence of the landlord, the tenant shall not be ejected by the 
landlord from the tenancy except on the ground of non-payment of rent ; (A ) where 
a tenant has' effected improvements on the land of the tenancy under the terms 
whereof he is not entitled to effect such improvements, the tenant shall not be 
ejected by the landlord from the land of the tenancy unless compensation for reaso­
nable improvements has been paid to the tenant.
(2) No tenant shall be ejected by his landlord from the land of the tenancy 
except in execution of a decree for ejectment passed by a competent civil court.
’ (3) No decree for ejectment passed on the ground of non-payment of rent
shall be executed within a period of thirty days from the date of the decree and if 
the tenant pays into the Court whose duty it is to execute the decree the entire 
amount payable under the decree within the aforesaid period, the Court shall 
record the decree as satisfied

6. C om pensation for im p ro v em en ts.— In a suit for ejectment against a 
tenant if any question arises—
(a) whether the tenant has effected any improvement on the land of the 
tenancy, or
(b) whether such improvement is reasonable improvement, or
(c) whether any compensation may be paid for such an improvement, and 
if so, how much, the question shall be decided by the Court having regard to the 
circumstances of each case.
E xplanation.— Any structure which a tenant is, under the terms of a con­
tract referred to in clause (a) of sub section (1) of Section 5 entitled to build but 
has actually built after the expiry of the period of five years referred to in that 
clause shall be deemed to be a reasonable improvement within the meaning of 
this section.
7. E nhancem ent o f rent by con tract— The rent of a tenant may be 
enhanced only by contract subject to the following conditions:—
(a) the contract must be in writing and registered,
( Z > )  the rent must not be enhanced so as to exceed by more than three 
annas in the rupee the rent previously payable by the tenant, and
(r) the rent fixed by the contract shall not be liable to enhancement 
during a term of six years from the date of contract:
Provided as follows :—
(i) Nothing in clause (a) shall prevent a landlord from recovering 
rent at a rate at which it has been actually paid for a conti­
nuous period of not less than three years immediately preceding 
the period for which the rent is claimed.
(it) Nothing in clause (/> ) shall apply to a contract by which a tenant 
binds himself to pay an enhanced rent in consideration 
of an improvement which has been or is to be effected 
in respect of the holding by or at the expense of 
his landlord and to the benefit of which the tenant is 
not otherwise entitled ; but an enhancement fixed by such a 
contract shall be payable only when improvement has been 
effected ; provided that such enhancement shall also be payable 
if the tenant is responsible for any default in respect of the im­
provement.
8. E nhancem ent o f  rent w ith ou t contract.— In the absence of a contract 
mentioned in section 7, the tenant shall be liable to pay reasonable incre­
ment of rent for necessary improvement done by the landlord.
9. E nhancem ent o f rent by ap p lication  to C ourt.— (1) A landlord or a 
tenant may make an application to the competent Civil Court having juris­
diction to entertain a suit for ejectment in respect of the holding, for fixing a fair 
and equitable rate of rent for the holding, and thereupon the Court shall issue 
notice of such application upon the tenant or the landlord, as the case may 
be, and after considering such evidence as the parties may produce before it, pass 
an order fixing the amount of rent payable for the holding, and such order 
shall, subject to appeal, be binding on both the landlord and the tenant with 
effect from the date of filing the aforesaid application :
Provided always—
(a) that the rent previously payable for the holding shall not be enhanc­
ed by more than three annas in the rupee, but if at any time 
the land revenue due to Government or the ground rent due 
to a proprietor is increased, then the tenant shall be liable to pay

4
in addition to the enhanced rent, if any, an amount equal to 
the total amount of land revenue or ground rent paid by the land­
lord in excess of the amount paid previously ;
(6) that no enhancement shall be made within a period of six years 
from the date of the last enhancement by contract or by order 
of the Court, unless the land revenue or ground rent is enhanced 
during this period ;
V.
(c) that the Court may in any case refuse to grant an enhancement 
for sufficient reasons to be recorded by it.
(2) The order passed by the Court on an application made under this 
section shall have the effect of a decree and shall be appealable.
10. Illegal rea lisa tio n .— (1) Realisation of a n y ‘salami’ from the tenant at 
the time of initiating a lease shall not exceed an amount equivalent to one year’s 
rent for the land ;
(2) Any realisation of fresh ‘salami’  at the time of renewal of the lease shall 
be illegal.
11. N otice o f  ejectm ent su it.— No suit for ejectment except for 
arrears of rent shall be instituted until after the expiration of one m onth from 
the date of the receipt by the tenant of a notice in writing by the landlord 
requiring the tenant to surrender possession of the land in favour of the landlord.
12. N otices how  to be served .— All notices required to be served 
under this Act shall be served in the manner prescribed by rules.
13. P ow er to  m ak e ru le s .—The State Government may, from time 
to time by notification in the official gazette, make rules consistent with the 
provisions of this Act for carrying out the purposes of the same.
14. R epeal.— The Sylhet non-Agricultural Urban Areas Tenancy Act, 1947 
(Assam Act X  of 1947) is hereby repealed.
A. G. P . (Leg.) No.46/55—1000—30-11-1955.

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