The Assam Urban Areas Rent Control Act, 1955

. The 7th January 1956
X No.LJL .78/55/30.— The following Act of the Assam Legislative
Assembly which received the assent of the Governor is hereby published 
for general information.
(R eceived the a ssen t o f the G overnor on the 7th January 1956)
ASSAM ACT HI OF 1956
THE ASSAM URBAN AREAS RENT CONTROL ACT, 1955 
(Passed by the Assembly)
[Published in the Assam Gazette, dated the 11th January 1956]
An
Act
to restrict temporarily the increase of rents of houses situated within the  
limits of urban areas in Assam including Cantonments
Preamble.— Whereas it is expedient to restrict temporarily the increase 
of rents of houses situated within the limits of urban areas in Assam includ­
ing Cantonments.
It is hereby enacted in the Sixth Year of the Republic of India as 
follows
1. Short title, extent, commencement and duration.— (1) This Act may 
be called the Assam Urban Areas Rent Control Act, 1955.
(2) (a) It extends to all urban areas in Assam including Cantonments 
as defined in the Cantonments Act, 1924 (Act II of 1924); provided that 
nothing in this Act shall prohibit the Officer Commanding the Station to 
appropriate any premises under the Cantonments (House Accommodation) 
Act, 1923 (Act VI of 1923).
(b) The State Government may by notification in the Official Gazette 
extend it also to all such areas as are declared town lands under rule 64(a) 
of Settlement Rules under the Assam Land and Revenue Regulation, 1886 
(Regulation 1  of 1886) or the Assam Land Revenue Reassessment Act, 1936 
(Assam Act VIII of 1936).
(3) It shall come into force at once and shall remain in force for 
10 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.
2. Definitions.— In this Act, unless there is anything repugnant in the 
subject matter or context,
(i) “The 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;
(ii) “house” means any building, hut or shed, or any part thereof, 
let or to be let separately for residential or non-residential purposes, and 
includes—
(a) the garden, ground and out-houses, if any appurtenant to such
building, hut, shed or part thereof; and
(b) any furniture supplied by the landlord for use by the tenant in 
such house, but does not include any premises belonging to 
State Government or Central Government or a Local Authority;
(iii) “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
 
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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 State Government or Central Government or 
a Local Authority ;
(iv) “standard rent” in relation to any house means the average 
monthly rent actually paid by any tenant for the house over a period of 
twelve months from the first day of January 1946 to the thirty-first day of 
December 1946 ;
(v) “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;
(vi) “urban area” means any area declared to be, or included in, 
a municipality under the provisions of clauses (a) and (b) of sub-section (2) 
of Section 5 or declared to be a notified area under the provisions 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) and 
includes a Cantonment as defined in Cantonments Act, 1924 (Act II of 
1924).
3. Fair Rent.— (1) Subject to the provisions of this Act and notwith­
standing any contract to the contrary, no landlord shall be entitled to charge 
monthly rent for any house at a figure higher than the standard rent.
(2) If at any time, after the thirty-first day of December 1946, any 
addition, improvement or alteration (not being repairs within the meaning 
of the provisions of Section 7 below) has been effected in respect of the 
house at the landlord’s expense, then the landlord shall be entitled to charge 
an increase per month over the standard rent, not exceeding one-twelfth of 
the seven and half per cent, per annum of the cost of such addition, improve­
ment or alteration, with effect from the date on which the addition, improve­
ment or alteration was completed.
(3) If it is not possible in any particular case to determine the 
standard rent of the house, or if the construction of the house was not 
completed before the thirty-first day of December 1946, then the monthly 
rent for such house shall be an amount equal to one-twelfth of the seven 
and half per cent, per annum of the cost of construction of the house.
4. Procedure for determination of fair rent.— (1) If any dispute arises 
regarding the rent payable in respect of any house, it shall be determined 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 accordance with 
the provisions of section 3 above, 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 an unfurnished state, but it may 
allow the landlord to charge an additional amount per month on account 
of the furniture included in the house ;
Provided that such additional amount shall not exceed one-twelfth of 
seven and half per cent, per annum of the cost of such furniture on the 
date on which the Court determines the monthly rent for the house.
Explanation— Where the rent is charged by the landlord or actually 
paid by the tenant on any basis other than a monthly one the average 
monthly rent for such house shall be calculated as thirty-times the average 
rent per day of the period in respect of which the rent is charged or actually 
paid.
A

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5. Refixing of fair rent.— (1) If at any time after the rent of a house 
has been fixed under section 4 of this Act, any addition, improvement or 
alteration (not being repairs within the meaning of the provisions of section 7) 
has been effected in respect of the house at the landlord’s expense, the 
Court may, on an application made before it in this behalf by the landlord, 
issue notice upon both the parties and after making such enquiry as it 
thinks fit, refix the rent of the house and the rent so refixed shall be binding 
on both the parties.
(2) Any increase in monthly rent allowed under sub-section (1) of 
this section shall not exceed one-twelfth of seven and half per cent, per 
annum of the total cost of such addition, improvement or alteration and 
shall not be chargeable with effect from any date earlier than the date on 
which such addition, improvement or alteration was completed.
6. Bar against passing and execution of decree and orders for ejec­
tion.—(1) No order or decree for the recovery of possession of any house 
shall be made or executed by any Court so long as the tenant pays rent to 
the full extent allowable under this Act and performs the conditions of the 
tenancy ;
Provided that nothing in this sub-section shall apply in a suit or proceed­
ings for eviction of the tenant from the house :—
(a) where the tenant has done any act contrary to the provisions of 
clause (m), clause (o) or clause (p) of section 108 of the Transfer of Pro­
perty Act, 1882 (Act IV of 1882), or to the spirit of the aforesaid clauses in 
areas where the Act 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 satisfactory by 
the Court, or
(d) where the tenant sublets the house or any part thereof or other­
wise transfers his interests in the house or any part thereof without permis­
sion in writing from the landlord, or
(e) where the tenant has not paid the rent lawfully due from him in 
respect of the h o u s e o r
(f) where the tenant has built, acquired, or been allotted a suitable 
residence.
(2) The fact that the interest of the landlord in the house has been 
transferred shall not, of itself, be deemed to be a satisfactory cause within 
the meaning of the proviso to sub-section (1), provided that the tenant is 
ready and willing to pay rent to the full extent allowable under this Act.
(3) Where the landlord recovers possession of a house from a tenant
on the ground that the house is bonafide required by him 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, and the repairs or the re­
building of the house is not commenced or the house is not occupied by the 
landlord o f 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 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

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may 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 Civil Procedure Code, 1908 (Act V of 1908), and to be capable 
of execution as such under the provisions of that Code.
(5) 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 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 section.
7. Duties of landlords.— Every landlord shall be bound to keep wind 
proof and water proof any house which is in occupation 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 recolour­
ing.
8. Notice on landlord to perform duties.— (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 7 above, 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 restoration of the essential supplies and services as contemplated in 
section 7 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 applica­
tion of the tenant permit the tenant to make such repairs or take such 
measures, as the case may be, at a cost not exceeding the amount deter­
mined by the Court after taking such evidence as it may consider necessary ; 
and it shall thereafter be 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 treated as a 
decree of a Civil Court.
9. Appeals.— A landlord or a tenant aggrieved by any decision or 
order of the Court under the provision of sections 4, 5, 6 and 8 (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.
10. Rules.— 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 the Act and also for the purpose 
of the carrying out of the provisions of this Act.

11. Previous decisions ordjers, etc., to continue,— Notwithstanding the 
expiration of the Assam Urban Areas Rent Control Act, 1949 (Assam Act 
XIII of 1949), any decision given, order made or anything done or any 
action taken or any proceedings commenced under any of the provisions 
of the said Act 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.
J . C. M EDHI,
Secy, to the Govt, of Assam, Leg. & Judl. Deptt

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