Assam Urban Areas Rent Control Act, 1955
No: 3 Dated: Jan, 11 1956
THE ASSAM URBAN AREAS RENT CONTROL ACT, 1955
ASSAM ACT III OF 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 including 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 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 subsection (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 notwithstanding 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, improvement or alteration, with effect from the date on which the addition, improvement 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.