The Assam Urban Areas Rent Control Act, 1972

{
    "id": 14043,
    "slug": "the-assam-urban-areas-rent-control-act-1972",
    "title": "The Assam Urban Areas Rent Control Act, 1972",
    "short_title": "The Assam Urban Areas Rent Control Act, 1972",
    "act_number": "(Assam Act No. 17 of 1972)",
    "act_year": 1972,
    "act_type": "STATE",
    "location": "Assam",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Assam Urban Areas Rent Control Act, 1972",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "(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 the Settlement Rules under the Assam Land and Revenue Regulations, 1886 (Regulation I of 1886) or the Assam Land Revenue Re-assessment Act, 1936 (Assam Act VIII of 1936).\n(c) Nothing in this Act shall apply-\n(i) to any premises belonging to Central Government; or\n(ii) to any tenancy or other relationship created by a grant from Central Government in respect of the premises taken on lease, or requisitioned by Central Government :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(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;\n(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-\n(i) the garden, ground and out-house, if any, appurtenant to such building, hut, shed or part thereof; and\n(ii) any furniture supplied by the landlord for use by the tenant in such houses;\n(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 sublet any house and includes every person not being a tenant who from time to time derives title under a landlord;\n(d) \"pucca structure\" means a structure with-\n(i) cemented, or wooden floor;\n(ii) iron, brick or concrete posts; and\n(iii) roof of reinforced concrete, or of galvanised iron, aluminium or asbestos sheets ;\n(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 percent of the aggregate amount of the estimated cost of construction and the market price of the land together with the total municipal taxes payable in respect of the house and Urban Immovable Property Tax under the Assam Urban Immovable Property Tax Act 1969 (Assam Act XI of 1969), and monthly rent shall be equal to one-twelfth of the annual payment so calculated :\n(f) \"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;\n(g) \"urban area\" means any area declared to be, or included in, [\"the Guwahati Municipal Corporation as notified under the provision of Section 42 of the Guwahati Municipal Corporation Act, 1969 (Assam Act I of 1973), or\"] a municipality under the provisions of sub-section (2) of Section 5 of the Assam Municipal Act, 1956 (Assam Act XV of 1957), or declared to be a notified area under the provisions of sub-section (4) of Section 334 of the said Act.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Fair rent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Procedure for determination of fair rent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Bar against passing and execution of decree and orders for ejection.",
            "chapter": null,
            "content": "(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 Property Act, 1882 (Central Act 4 of 1882) or to the spirit of the aforesaid clause in\tareas where the said Act does not apply; or\n(b) where the tenant has been guilty of conduct which\tis a nuisance or an annoyance to the occupiers of the adjoining or neighbouring houses; or\n(c) where the house is bonafide required by the landlord either for purposes of repairs or rebuilding, 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\n(d) where the tenant sublets the house or any part thereof or otherwise transfers his interest in the house or any part thereof without permission in writing from the landlord; or\n(e) where the tenant has not paid the rent lawfully due from him in respect of the house within a fortnight of its falling due; or\n(f) where the tenant has built, acquired or been allotted a suitable residence.\n[5A. Special provision for recovery of possession of house to members of Armed Forces of the Union or a member of the family of a deceased member of such Forces.\n(a) a landlord, who is a member of the Armed Forces of the Union or who is as such member duly retired (which term shall include premature retirement), shall be entitled to recover possession of any house belonging to him or any member of his family on the ground that the house is bonafide required by him for his own use and occupation or for the use and occupation of any member of his family and the Court shall pass a decree for eviction on such ground, if the landlord at the hearing of the suit produces a certificate signed by the Head of his Service or his Commanding Officer to the effect that-\n(i) he is presently a member of the Armed Forces of the Union or he was as such member and is now a retired ex-serviceman;\n(ii) he does not possess any other suitable house in the local area where he or any of the members of his family can reside.\n(b) where a member of the Armed Forces of the Union dies while in service or dies after his retirement, his widow, who is or becomes a landlord of any house which is bonafide required by her for use and occupation by herself or any member of her family, the Court shall pass a decree for eviction on such ground, if such widow, at the hearing of the suit, produces a certificate, signed by the Areas or Sub-area Commander within whose jurisdiction the house is situated to the effect that-\n(i) she is widow of a deceased member of the Armed Forces as aforesaid;\n(ii) she does not possess any other suitable house in the local area where she or any of the members of her family may resides.\n[5AA. Special provision for recovery of possession of any house to a retired Govet. Servant or a member of the family of a deceased Govt. Servant.\n(a) a landlord, being a person, who was appointed to Public Service or post in connection with the affairs of the State and is duly retired (which term shall include premature retirement) shall be entitled to recover possession of any house belonging to him on the ground that the house is bonafide required by him for use and occupation by himself or any member of his family, and the Court shall pass a decree for eviction on such ground if the landlord at the hearing of the suit, produces a certificate signed by the Appointing Authority to the effect that-\n(i) the landlord is a person who was appointed to a Public Service or post in connection with the affairs of the State and is now a retired Government Servant;\n(ii) he does not possess any other suitable house in the local area where he or any of the members of his family can reside.\n(b) where a person is appointed to the public service or post in connection with the affairs of the State dies while in service or dies after his retirement, his widow who is or becomes a landlord of any house, shall be entitled to recover possession of such house on the ground that the house is bonafide required by her for use and occupation by herself or any member of her family and the Court shall pass a decree for eviction on such ground, if such widow, at the hearing of the suit produces a certificate signed by the Appointing Authority of the deceased Government servant to the effect that-\n(i) she is the widow of the deceased Government servant as aforesaid;\n(ii) she does not possess any other suitable house in the local area where she or any of the member of her family may reside;\n(c) for the purpose of this section, any certificate granted thereunder shall be conclusive evidence of the facts stated therein\".]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Duties of landlord.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Notice on landlord to perform duties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Appeal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Rules.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Repeal and savings.",
            "chapter": null,
            "content": "(a) (i) any decision given, order made, anything done, any action taken or any proceedings commenced 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 inconsistent 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 Act;\n(ii) rent for a house payable for the period during the life of the Act repealed will be determined under the corresponding provisions of the Act repealed.\n(b) if 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.\n(b) Notwithstanding such repeal, anything done or any action taken under the Ordinance as repealed shall 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 promulgation of the Ordinance).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 12th February, 2020 [ass220]",
        "Act Number": "(Assam Act No. 17 of 1972)",
        "Enactment Date": "",
        "Act Year": "1972",
        "Short Title": "The Assam Urban Areas Rent Control Act, 1972",
        "Type": "STATE",
        "Location": "Assam"
    },
    "updated_at": "2026-09-29 21:55:18"
}