Assam Non-Agricultural Urban Areas Tenancy Act, 1955

{
    "id": 13619,
    "slug": "assam-non-agricultural-urban-areas-tenancy-act-1955-1955",
    "title": "Assam Non-Agricultural Urban Areas Tenancy Act, 1955",
    "short_title": "Assam Non-Agricultural Urban Areas Tenancy Act, 1955",
    "act_number": "(Assam Act No. 12 of 1955)",
    "act_year": 1955,
    "act_type": "STATE",
    "location": "Assam",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Assam Non-Agricultural Urban Areas Tenancy Act, 1955",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "(a) to the urban areas in the State of Assam ; and\n(b) to any other areas which have been or may hereafter be declared town lands under clause (a) of Rule 64 of the Settlement Rules made under the Assam Land and Revenue Regulation, 1886 (Regulation I of 1886) or the Assam Land Revenue Re-assessment Act, 1936 (Assam Act VIII of 1936).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Application.",
            "chapter": null,
            "content": "(i) Provided that the provisions of this Act shall not apply to:-\n(a) Government land held under an 'annual' or 'short lease' as defined in the rules made under the Assam Land and Revenue Regulation, 1886 (Regulation I of 1886) ; or\n(b) Land held by the Government of India or by any Local Authority or by the State Government, or\n(c) any holding which contains one or more buildings owned by the landlord and which has been let out to any person, or\n(d) Land used for residence of the landlord or reserved for being used for such purpose in its vicinity and let out to persons or let out in lieu of service or merely in consideration of relationship or affection:\n(ii) Provided further that nothing in this Act shall affect the permanent, heritable and transferable rights acquired under any existing law or contract or otherwise or the rights of the Government as against the landlord and the tenant.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Definitions.",
            "chapter": null,
            "content": "(a) 'holding' means a parcel or parcels of land or an undivided share thereof held by a tenant, and forming the subject-matter of one and the same tenancy ;\n[ Price annas 2 or 2d ]\n(b) 'land' means land which is let or occupied for residential or business purposes or for purposes incidental thereto, and includes sites for buildings, water, water-ways, drains, ditches, canals, tanks and wells appertaining to such land ;\n(c) 'landlord' means a person immediately under whom a tenant holds but does not include the Government ;\n(d) 'permanent structure' in relation to any locality means a structure which is regarded as permanent in that locality;\n(e) 'prescribed' means prescribed by a rule made under this Act ;\n(f) 'rent' means whatever is lawfully payable in money or in kind by a tenant to his landlord on account of the use and occupation of his holding under such landlord ;\n(g) 'tenant' means a person who holds land under another person, other than Government and who is, but for a special contract liable to pay rent for that land to the latter, and includes a person who derives his title from a tenant, and a person who continues in possession of any land after termination of his tenancy in respect of that land ;\n(h) 'urban area' means any area declared to be 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 (Assam Act I of 1923).",
            "footnote": "",
            "is_definition": true,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Obligation to pay rent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Protection from eviction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Compensation for improvements.",
            "chapter": null,
            "content": "(a) whether the tenant has effected any improvement on the land of the tenancy, or\n(b) whether such improvement is reasonable improvement, or\n(c) whether any compensation may be paid for such an improvement, and if so, how much, the question shall be decided by the Court having regard to the circumstances of each case.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Enhancement of rent by contract.",
            "chapter": null,
            "content": "(a) the contract must be in writing and registered,\n(b) the rent must not be enhanced so as to exceed by more than three annas in the rupee the rent previously payable by the tenant, and\n(c) the rent fixed by the contract shall not be liable to enhancement during a term of six years from the date of contract:\n(i) Nothing in clause (a) shall prevent a landlord from recovering rent at a rate at which it has been actually paid for a continuous period of not less than three years immediately preceding the period for which the rent is claimed.\n(ii) Nothing in clause (A) shall apply to a contract by which a tenant binds himself to pay an enhanced rent in consideration of an improvement which has been or is to be effected in respect of the holding by or at the expense of his landlord and to the benefit of which the tenant is not otherwise entitled ; but an enhancement fixed by such a contract shall be payable only when improvement has been effected ; provided that such enhancement shall also be payable if the tenant is responsible for any default in respect of the improvement.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Enhancement of rent without contract.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Enhancement of rent by application to Court.",
            "chapter": null,
            "content": "(a) that the rent previously payable for the holding shall not be enhanced by more than three annas in the rupee, but if at any time ' the land revenue due to Government or the ground rent due to a proprietor is increased, then the tenant shall be liable to pay in addition to the enhanced rent, if any, an amount equal to the total amount of land revenue or ground rent paid by the landlord in excess of the amount paid previously ;\n(b) that no enhancement shall be made within a period of six years from the date of the last enhancement by contract or by order of the Court, unless the land revenue or ground rent is enhanced during this period ;\n(c) that the Court may in any case refuse to grant an enhancement for sufficient reasons to be recorded by it.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Illegal realisation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Notice of ejectment suit.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Notices how to be served.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Power to make rules.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Repeal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 13th February, 2020 [ass359]",
        "Act Number": "(Assam Act No. 12 of 1955)",
        "Enactment Date": "",
        "Act Year": "1955",
        "Short Title": "Assam Non-Agricultural Urban Areas Tenancy Act, 1955",
        "Type": "STATE",
        "Location": "Assam"
    },
    "updated_at": "2026-09-29 21:55:18"
}