ASSAM URBAN AREAS RENT CONTROL ACT, 1972
Whereas it is expedient to fix fair rents of houses situated within the limits of urban areas in Assam and matters connected therewith;It is hereby enacted in the Twenty-third Year of the Republic of India as follows:
Legal Comments
Preamble - Purpose and scope of Act - The preamble states the Act’s objective to fix fair rents of houses in urban areas of Assam and regulate landlord-tenant relations; it frames the statutory project as social legislation aimed at protection of tenants and orderly rent regulation.
Preamble - Enabling social objective - The preamble characterizes the Act as facilitating “social legislation” to uplift tenants and curb arbitrary ejectment, signaling a balancing of interests between landlords and urban dwellers. [Kamala Dutta & Ors. VS Ranendra Nath Das - 1983 0 Supreme(Gau) 122]
Preamble - Context of urban rent control - The Act traces its lineage to earlier temporary rent-control measures and codifies a comprehensive regime for fair rent determination and tenant protection in urban Assam. [Kamala Dutta & Ors. VS Ranendra Nath Das - 1983 0 Supreme(Gau) 122]
Preamble - Legislation purpose as permanent framework - Court interpretation treats the Act as a permanent, not merely temporary, framework for urban housing regulation, distinguishing it from earlier transient Acts. [Kamala Dutta & Ors. VS Ranendra Nath Das - 1983 0 Supreme(Gau) 122]
Preamble - Scope to urban areas - The Act extends to all urban areas in Assam, with definitions tying “urban area” to municipalities, notified areas, and areas declared as such, thereby demarcating the Act’s territorial reach. , [01400010757] (definition context)
Preamble - Constitutional and policy orientation - The Act embeds a policy choice to fix fair rents and provide shelter security within urban centers, reflecting welfare-state objectives in tenancy governance.
Preamble - Relationship to other statutes - The preamble contemplates integration with or supersession by municipal laws in urban governance, foreshadowing potential interactions with municipal Acts and related urban ordinances. [Kamala Dutta & Ors. VS Ranendra Nath Das - 1983 0 Supreme(Gau) 122]
Essential ingredients (from preamble-oriented interpretation) - The Act is designed to fix fair rents, regulate urban tenancy, and prevent arbitrary ejectment, forming the core protective framework for tenants in Assam’s urban areas. , [Kamala Dutta & Ors. VS Ranendra Nath Das - 1983 0 Supreme(Gau) 122]
Essential ingredients - Territorial scope - Urban areas include municipalities and notified areas; the Act’s reach depends on official declarations of urban status, shaping which premises fall under rent-control protections. [Kamala Dutta & Ors. VS Ranendra Nath Das - 1983 0 Supreme(Gau) 122]
Essential ingredients - Temporal regime - Stance that the Act provides ongoing, stable protection (permanent Act) rather than temporary re-enactments; this underpins rights and duties throughout tenancy cycles. [Kamala Dutta & Ors. VS Ranendra Nath Das - 1983 0 Supreme(Gau) 122]
Scope of Section (Preamble-informed) - Applications to tenants - The preamble signals protection for tenants, guiding courts to favor tenants’ security in disputes over rent, eviction, and repairs where relevant. [Kamala Dutta & Ors. VS Ranendra Nath Das - 1983 0 Supreme(Gau) 122]
Scope of Section - Applications to landlords - While protective of tenants, the preamble contemplates duties on landlords to maintain fair rents and respond to tenants, shaping expectations in litigation. [Kamala Dutta & Ors. VS Ranendra Nath Das - 1983 0 Supreme(Gau) 122]
Punishment for Section - (Preamble does not specify penalties) - The preamble itself does not prescribe punishment; punitive contours arise in later sections (e.g., eviction for default, penalties in specific offences) rather than in the preamble. Hence no standalone penalty in the preamble.
Punishment for Section - Interpretive implication - Because the preamble frames aims rather than penalties, punitive consequences are to be found in substantive provisions (e.g., sections on default, eviction, and enforcement). [Kamala Dutta & Ors. VS Ranendra Nath Das - 1983 0 Supreme(Gau) 122]
Interplay with Section 5(1) - Preamble context supportive of “bar against passing and execution of decree” - The preamble’s welfare ethos underpins strict adherence to rent-payment requirements that feature in Section 5(1) (e.g., decrees barred while rent is payable) as consistent with tenant protection. , [Promod Hazarika VS Haren Das - 2004 0 Supreme(Gau) 467]
Interplay with Section 7/8 (remedies) - Preamble’s welfare framework informs access to speedy relief and procedural safeguards, consistent with the Act’s emphasis on expedient, fair resolution for tenants; judicial interpretation has recognized finality and limited revisional pathways in Section 8, aligned with the Act’s design to provide expeditious relief. [West Bengal State Weavers Co-op Society Ltd. VS Bibhabasu Chowdhury - 2004 0 Supreme(Gau) 25], [Ranjit Kr. Dey VS Krishna Gopal Agarwala - 2004 0 Supreme(Gau) 397]
Territorial and legislative continuity - Preamble’s aim to fix fair rents supports ongoing regulation even as municipal structures evolve (e.g., Gauhati Municipal Corporation context), illustrating the Act’s intended compatibility with urban governance reforms. [Kamala Dutta & Ors. VS Ranendra Nath Das - 1983 0 Supreme(Gau) 122]
Core remedial philosophy - The preamble indicates a preference for swift, protective remedies for tenants in urban settings, which informs case-law reading that prioritizes timely eviction relief against default where statutory conditions are met. [Promod Hazarika VS Haren Das - 2004 0 Supreme(Gau) 467], [Mohan Kumar Agarwalla VS On the Death of Joharimal Rasiwasia Substituted Legal Heirs Sri Purushotam Rasiwasia - 1995 0 Supreme(Gau) 168]
Foundational policy - The preamble’s thrust on “fair rents” underpins standard rent determinations and governance in subsequent sections, guiding courts to interpret rent, arrears, and recovery within a protective framework.
Historical layering - Preceding Acts (1946–1966) informed the 1972 Act; courts often refer to the preamble to understand the Act’s enduring objective of tenant protection amid evolving urban administration. [Kamala Dutta & Ors. VS Ranendra Nath Das - 1983 0 Supreme(Gau) 122]
Practical takeaway - For practitioners, the preamble signals that disputes under the Act should be approached with focus on fair rent determinations, tenant protection from arbitrary eviction, and the expeditious resolution of tenancy issues in urban Assam.
Reference note - Preamble text and its interpretive influence are foundational; specific legal points should be traced to the operative sections (e.g., Section 5 on bar against decrees, Section 8 on revision) while keeping the preamble’s welfare orientation in view. , [Promod Hazarika VS Haren Das - 2004 0 Supreme(Gau) 467]
Assam Urban Areas Rent Control Act, 1972.(2) (a) It extends to all urban areas in Assam.(1) This Act may be called the(b) The State Government may, by notification in the official Gazette, extend it also to all such areas as are declared town lands under R. 4 (a) of the Settlement Rules under the Assam Land Revenue Regulations, 1886 (Assam Regulation I of 1886) or the Assam Land Revenue Reassessment Act, 1936 (Assam Act VIII of 1936).(c) Nothing in this Act shall apply—(i) to any premises belonging to Central Government, or(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:Provided that where any premises belonging to Central Government have been or are lawfully let by any person by virtue of an agreement with that Government
In this Act, unless there is anything repugnant in the subject 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 or part thereof; and(ii) any furniture supplied by the landlord for use by the tenant in such house;(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 perso
(1) Subject to the provisions of this Act and notwithstanding any contract to the contrary, no landlord shall be entitled to charge rent for any house at a figure higher than the standard rent.(2) If at any time after five years from the date on which a house is in continuous occupation of a tenant, the market price of the land and estimated cost of construction of the house increases by more than twenty-five per cent on the basis of the value of land and cost of construction of the house on the date of preceding fixation of fair rent, then the landlord shall be entitled to have monthly rent increased by an amount not exceeding one-twelfth of the seven and half per cent of the increase in the market price of the land and cost of construction, on the date of preceding fixation of fair rent, from the dates as may be prescribed subject to a maximum of fifty per cent of the preceding standard rent:
(1) If any dispute arises regarding the rent payable in respect of any house, it shall be determined by the Court.(2) The Court shall, on application made by either the landlord or the tenant, issue notice on both the parties, and after making such enquiry as it thinks fit, deter#31;mine the monthly rent for the house in accordance with the provisions of S. 3 and the rent so determined shall be binding on both the parties.(3) Where the Court determines the monthly rent for any house under this section, it shall do so for the house in the unfurnished state, but it may allow the land#31;lord to charge an additional amount per month on account of the furniture supplied by him:Provided that such additional amount shall not exceed one-twelfth of seven and half per cent of the cost of such furniture on the date on which the Court determines the monthly rent for the house.Expl
(1) No order or decree for the recovery of possession of any house shall be made or executed by any Court so long as the tenant pays rent to the full extent allowable under this Act and perform the conditions of the tenancy :Provided that nothing in this sub-section shall apply in a suit or proceedings for eviction of the tenant from the house—(a) where the tenant has done anything contrary to the provisions of Cl. (m), Cl. (o) or Cl. (p) of S. 108 of the Transfer of Property Act, 1882 (Central Act 4 of 1882) or to the spirit of the aforesaid clauses in the areas where the said Act does not apply ; or(b) where the tenant has been guilty of conduct which is a nuisance or an annoyance to the occupiers of the adjoining or neighboring houses ; or(c) where the house is bonafide required by the landlord either for purposes of repairs or rebuilding, or for his own occupation o
The Assam Urban Areas Rent Control Act, 1972, was enacted to regulate the relationship between landlords and tenants in urban areas of Assam. Section 5 of the Act specifically addresses the conditions under which a tenant may be considered a defaulter in rent payment and the implications of such default.
Section 5 outlines the obligations of tenants regarding rent payment and the consequences of failing to meet these obligations. It stipulates that a tenant must pay rent on time and provides a framework for what constitutes a default in payment.
The scope of Section 5 encompasses:- The definition of default in rent payment.- The procedures tenants must follow to avoid being classified as defaulters.- The rights of landlords to seek eviction based on non-payment of rent.
Failure to comply with the provisions of Section 5 can lead to eviction proceedings against the tenant. The landlord may seek a decree for eviction if the tenant is found to be in default.
This commentary provides a comprehensive overview of Section 5 of the Assam Urban Areas Rent Control Act, 1972, highlighting its essential elements, implications for tenants and landlords, and relevant legal interpretations.
Notwithstanding anything contained in this Act—(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 the 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 bona fide 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—(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;(ii) he does not possess any other suitable house in the local area where he or any of the members of his family ca
Notwithstanding anything contained in this Act—(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—(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;(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;
Every landlord shall be bound to keep wind proof and water proof any house which is in occupation of a tenant and to carry out other repairs which he is bound to make by law, contract or custom and also to maintain the existing essential supplies and services such as sanitary arrangement, water supply, supply of electricity or drainage service in respect of the house.Explanation. Repair1 includes annual white-washing and re-colouring.
(1) If the landlord neglects to make such repairs or to maintain such existing essential supplies and services as he is bound to do under the provisions of S. 6, the Court may, on the application of the tenant, direct the landlord by notice to appear before it and to show cause against the application of the tenant.(2) If the landlord fails or neglects to make such repairs or take such measures within the period fixed by the Court, the Court may on application of the tenant permit him to make such repairs or take such measures, as the case may be, at a cost not exceeding the amount determined by the Court after taking such evidence as it may consider necessary; and it shall be thereafter lawful for the tenant to make such repairs or take such measures and to deduct the cost thereof from the rent or to recover the amount from the landlord through the Court by execution, and for the purpose of this su
A landlord or a tenant aggrieved by any decision or order of the Court under the provisions of Ss. 4, 5 and 7 (2) of this Act shall have a right of appeal against the same as if such decision or order were a decree in a suit for ejectment of the tenant from the house and such appellate Courts decision shall be final.
(1) The State Government may, by notification in the official Gazette, make rules prescribing the Court-fees to be paid on applications made to the Court under the provisions of this Act, and also for the purpose of carrying out the provisions thereof.(2) Every rule made under this section shall be laid as soon as may be after it is made, before the Assam Legislative Assembly while it is in session for a period of fourteen days which may comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following the Assam Legislative Assembly agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be ; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that ru
(1) The Assam Urban Areas Rent Control Act, 1966(Assam Act II of 1967), is hereby repealed.(2) Notwithstanding such repeal—(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 provisons of this Act;(ii) rent for a house payable for the period during the life of the Act repealed will be determined under the corresponding provisions of this Act.(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
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