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

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ASSAM ACT XVII OF 1972
THE ASSAM URBAN AREAS RENT CONTROL ACT, 1972  
(R eceived the assen t o f  the President on th e 1st M ay, 1972)  
[Published in the Assam Gazetie  Extraordinary, dated the 2nd May, 1972]
An
Act
to fix fair ren ts o f h ou ses situated w ithin th e lim 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 n d 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 A ssam  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
 
 
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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, i r  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 him :
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 b o n a fid e_ 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

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(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.
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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, at 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  ' ■
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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.

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(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 X V III OF 1972
THE ASSAM APPROPRIATION fNo.II) ACT, 1972
(R eceived th e assen t o f the Governor on th e 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 fro m  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.
A ppropria. 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
 
 
 
 

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