Assam Urban Areas Rent Control Act, 1949

No: 13 Dated: Sep, 28 1949

THE ASSAM URBAN AREAS RENT CONTROL ACT, 1949

ASSAM ACT X III OF 1949

    An Act to restrict temporarily the increase of rents of houses situated within the limits of urban areas in Assam including Cantonments.

    Whereas it is expedient to restrict temporarily the increase of rents of houses situated within the limits of urban areas in Assam including Cantonments.

    And whereas 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 :—

1. Short title, extent and commencement.-(1) This Act may be called the Assam Urban Areas Rent Control Act, 1949.

(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)

(a) The Provincial Government may from time to time by Notification in the Official Gazette extend it also to such other areas as are declared town land under rule 64(a) of Settlement Rules under the Assam Land and Revenue Regulation, 1886 or the Assam Land Revenue Re-assessment Act, 1936.

(3) It shall come into force on the first day of October 1949 and shall remain in force for three 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 nonl 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 Provincial 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 ©f 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 but does not include Provincial or Central Government or a Local Authority ;

(vi) “ tenant” means any person by whom or on whose behalf rent is payab'e for any house, and includes every person who from time to time derives title under a tenant ;

(v) “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 and includes a Cantonment as defined in Cantonments Act, 1924.