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 o f 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.
 
 
 
17
b e rin itic n s . 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 
o f construction shall mean the actual cost required for 
the construction of the house less depreciation at 1  per

18
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 nation of b  t f a  G  t
l  air 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 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 :

19
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 si° 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
 
20
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 
1908.
of
(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 o f 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

21
/S
‘ -M
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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