The Assam Urban Areas Rent Control (Amendment) Act, 1946

The 28ih September 1946
N o.L .1002/46/22. — The following Act of the Assam Legislature having been 
assented to in His Majesty’s name by the Governor, is hereuy published for 
general information :—
[R eceived the assen t o f  the Governor on the 28th Septem ber 1946]
ASSAM ACT III OF 1946
T H E  ASSAM URBAN AREAS R EN T C O N T R O L  ACT, 1946
[Passed by the Assam Legislature}
[Published in the Assam Gazette^ Extraordinary, of the 30th September 1946]
A n ■  Act
to restrict temporarily the increase o f rents o f houses situated within  
the limits o f urban areas in Assam.
Whereas it is expedient to restrict temporarily the increase of rents 
of houses situated within the limits of urban areas in Assam and where­
as the previous sanction of the Governor under section 299(3) of the 
Government of India Act, 1935, has been obtained to introduce this
Bill ;
It is hereby enacted as follows :—
Short title, 1.(1) This Act may be called the Assam U rban Areas R ent
extent, com- Control Act, 1946.
(2) It extends to all urban areas in Assam.
(3) It shall come into force on such date as the Provincial 
Government may, by notification in the Official Gazette, appoint in 
this behalf, and shall remain in force for one year from the date of 
its enforcement provided that the Government may from time to time 
by notification in the Official Gazette extend the operation of the Act 
for such further period or periods not exceeding one year at a time and 
to a total of two years as it may deem fit.
Definitions. 2. In this Act, unless there is anything repugnant in the subject
m atter or context,—-
(?) “ The Court” means the Court of O rdinary Civil Jurisdic­
tion 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.
(uj “ House” means any building, hut or shed, or any part there­
of, let or to be let separately for residential or non-residential purposes, 
and includes :—
( < z )  the garden, grounds 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.
(Hi) “ Landlord” means, any person w hois, 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 
sublet any house and further includes every person not being a tenant 
who from time to time derives title under a landlord.
(z'r) “ T enant” 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,

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(y) “ Urban area” means any area declared to be, or included in, 
a municipality under the provisions of clauses (a) and ( Z > )  of sub-section 
(2) of section 5, or declared to be a notified area under the provisions A ssam  
of sub-section (4) of section 328, or deemed to be such under the pro- Act I 
viso to that sub-section, of the Assam Municipal Act, 1923. of
1923.
m^enhance 3. Subject to the provisions of this Act and notwithstanding any
mernof rent.c o n t r a c t  t o  the contrary no landlord shall be entitled to charge month­
ly rent for any house at a figure higher than the average monthly 
rent actually paid for the same house by any tenant over the period 
from the month of January 1943 to the month of September 1943 
inclusive, or (if it is impossible in any particular case to calculate in a 
manner fair to both the landlord and the tenant what such average 
monthly rent over the aforesaid period would be, or if the house has 
not been let during that period), at a figure higher than that which 
the Court shall, having regard to the rent of similar houses in the 
neighbourhood, determine to be fair and equitable.
Provided that if a landlord has, after the first day of January 1943, 
effected any addition, improvement or alteration in a house (not being 
repairs within the meaning of the provisions of section 7 of this Act) at 
his own expense, he will be entitled to such increase over the average 
monthly rent as the Court may consider fair and equitable having 
regard to the provisions of section 5 of this Act.
Fixing of fair 4.(1) The Court shall, on an application made before it in this 
rent. behalf by the landlord or the tenant, issue notice upon the other party
-and after holding such enquiry as it thinks fit, fix the amount of the 
monthly rent to be paid by the tenant to his landlord for any house in 
accordance with the provisions of section 3 of this Act. The rent so 
fixed shall be binding on both the parties :
Provided that if the house or any portion thereof was let during 
the period from the month of January, 1943, to the month of Septem­
ber, 1943, inclusive, the rent fixed by the Court shall not be less than 
the average monthly rent received by the landlord during that period.
Explanation.-—For the purposes of section 3 and sub-section (1) 
of section 4 of this Act, where rent was charged by the landlord or 
actually paid by the tenant for the same house over the aforesaid 
period 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 was charged or 
actually paid.
(2) If any house the rent of which has been fixed by the Court 
under sub-section (1) of this section is let, the landlord shall be 
entitled to charge for each month of the tenancy—
(a) where the period of the lease has not been fixed between the 
landlord and the tenant or does not exceed six months, the rent so 
fixed increased by ten per cent, thereof,
( Z > )  where the period of lease exceeds six but does not exceed 
nine months, the rent so fixed increased by five per cent, thereof, ,
(c) where  the period of lease exceeds nine months, the rent 
so fixed.
 
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Re-fixing of 5. (1) If, at Any time after the rent of a house has been fixed 
fair rent. u n ( j e r  section 4 of this Act, any addition, improvementor 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 the tenant and after making such enquiry 
as it thinks fit refix the rent of the house. The rent so refixed shall be 
binding on both the parties.
(2) The increase in rent allowed under sub-section (1) of this 
section shall not exceed 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.
Bar against 
passing and 
execution of 
decree and 
orders.
6. (1) No order or decree for the recovery of possession of any 
house shall be made or executed so long as the tenant pays rent to the 
full extent allowable under this Act and performs tlie 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— ■
( < 2 )  where the tenant has done any act contrary to the provisions 
of clause (m), clause (0) or clause (j& ) of section 108 of the Transfer of Act 
Property Act, 1882 or to the spirit of the aforesaid clauses in areas 
where that Act does not apply, or
(6) 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 bona fide 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.
(2) The fact that the period of the lease has expired, or 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 bona fide required by him for pur­
poses 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 not commenced or the house is not occu­
pied 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 occu-
pied is within six months of the said date re-let to or allowed to be posses­
sed by any other person, the Court shall on the application of the evict­
ed 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 reasonable and proper. Such a direction 
shall be deemed to be a decree under the Civil Procedure Code, 1908 
and to be capable of execution as such under the provisions of that
Act 
V of  
1908.
Code.
 
 
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(4) No tenant shall be entitled to anv benefit under this section 
in respect of any house if he is a defaulter, that is, if he has not paid 
the rent due by him in respect of such house to the full extent allow­
able under this Act within the time fixed in the contract with his 
landlord or in the absence of any such contract, by the fifteenth day 
of the month next following that for which the rent is pavable and, 
where any rent has accrued due before the commencement of this Act, 
if he has not also paid within three months of the date of such 
commencement all arrears of rent clue by him in respect of such house 
to the full extent allowable by this Act.
(5) Where the landlord refuses to accept 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 (or upon each of the landlords, where the 
landlords number more than one), and on receiving such deposit, the 
Court shah cause a notice of the receipt of such deposit to be served 
on the landlord (or each of the landlords) and tlje 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 sub-section ^4) of 
this section.
Duties of 7. Every landlord shall be bound to keep the house in the
landlords, occupation of a tenant wind-proof and water-proof 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 arrangements, water supply, supply of electricity or 
drainage service in respect of the house.
Explanation.—‘Repair’  includes annual white-washing and recolour­
ing.
Notice on 8. (1) The Court shall, on application made to it in that behalf
landlord to by a tenant, in possession of any house, cause a notice to be served on 
pcriorm t pe ]a n cjio rc i thereof directing him, to appear before the Court and 
show cause against the application by the tenant, or within such reason­
able time as the Court may fix, to make any repairs which such land­
lord is bound to make to the house or to take any measures for the due 
maintenance of any essential supply or service, such as sanitary arrange­
ments, water supply or supply of electricity or for the due mainte­
nance of drainage service in respect of such house.
,  (2) If, after receipt of such notice, the landlord docs not appear
and satisfy the Court as to why he should not be directed to make 
such repairs or take such measures and also fails or neglects, within the 
time fixed by the Court (or such extension thereof as the Court may 
allow on application by the landlord), to make such repairs or to take 
such measures, as the case may be, the tenant may submit to the Court 
an estimate of the cost of such repairs or measures, and apply for per­
mission to make such repairs or to take such measures himself; and 
thereupon the Court may, after considering such estimate of cost and 
taking such evidence as it may consider necessary, by an order in 
writing permit the tenant to make such repairs or to take such 
measures, as the case may be, at a cost not exceeding such amount as 
may be specified in the order and to reco\ er such cost from the landlord; 
and it shall thereafter be lawful for the tenant to make such repairs 
or to take such measures himself and to deduct the cost thereof, which 
shall in no case exceed the amount so specified by the Court, from the 
rent or to recover the amount from the landlord through the Court by 
execution.

Appeals.
Rules.
9. A landlord or a tenant aggrieved by any decision or order of 
the Court under the provisions of sections 4 (1), 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.
10. The Provincial 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.
H. C. STORK,
Secy. to the Govt, of Assam in the Leg. Deptt.

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