Assam Urban Areas Rent Control Act, 1961
No: 2 Dated: Mar, 15 1962
THE ASSAM URBAN AREAS RENT CONTROL ACT, 1961
ASSAM ACT No.II OF 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 :—
1. Short title, extent and commencement:- (1) This Act may be called the Assam Urban Areas Rent Control Act, 1961.
(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 prohibit the Officer Commanding the Station to appropriate any premises under the Cantonments (House Accommodation) Act, 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 (tz) of the Settlement Rules under the Assam Land and Revenue Regulation, 1886 or the Assam Land Revenue Reassessment Act, 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, 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. Definition:- 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 includes-
(i) 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 subtenant, 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 payment 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 commencement of the construction together with the total municipal 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 percent 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 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 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 Act, 1956 or declared to be a notified area under the provisions of sub section (4) of section 334 of the said Act, and includes a Cantonment as defined in section 3 of the Cantonments Act, 1924.