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ASSAM TENANCY ACT, 2021

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Preliminary NOTIFICATION



The 27th September, 2021


No. LGL.94/2021/37.- The following Act of the Assam Legislative Assembly which received the assent of the Governor on 23rd September, 2021 is hereby published for general information.


ASSAM ACT NO. XXXI OF 2021


(Received the assent of the Governor on 23rd September, 2021)


AN


ACT


to establish Rent Authority to regulate renting of premises and to protect the interests of landlords and tenants and to provide speedy adjudication mechanism for resolution of disputes and matters connected therewith or incidental thereto.


It is hereby enacted by the state of Assam in the Seventy-second Year of the Republic of India as follows :








Legal Commentary on Assam Tenancy Act, 2021 - Section: Preliminary

Introduction

The Assam Tenancy Act, 2021, represents a significant reform in the regulation of tenancy in Assam. It aims to establish a structured framework for the relationship between landlords and tenants, ensuring fair practices and efficient dispute resolution.

What does Section Say

The preliminary section of the Assam Tenancy Act outlines the short title, extent, and commencement of the Act. It sets the foundation for the subsequent provisions and clarifies the scope of the Act.

Essential Ingredients

  • Short Title: The Act is referred to as the Assam Tenancy Act, 2021.
  • Extent: The Act applies to the entire state of Assam.
  • Commencement: The enforcement of the Act will be determined by notifications from the state government.

Scope of Section

The preliminary provisions establish the legal framework within which tenancy agreements will be governed. It clarifies that the Act will not apply to certain premises, thereby delineating its applicability.

Punishment for Section

While the preliminary section does not specify punishments, subsequent sections of the Act may outline penalties for non-compliance with tenancy agreements or decisions made by the Rent Authority.

Legal Comments

  • Short Title - The Act is officially titled the Assam Tenancy Act, 2021, providing a clear reference for legal and administrative purposes. - [Source Reference]

  • Extent - The Act is applicable throughout the state of Assam, ensuring uniformity in tenancy regulations. - [Source Reference]

  • Commencement - The enforcement of the Act will be initiated through notifications issued by the state government, allowing for flexibility in implementation. - [Source Reference]

  • Definitions - The Act includes specific definitions that clarify terms used throughout the legislation, aiding in legal interpretation. - [Source Reference]

  • Exclusions - Certain premises are explicitly excluded from the Act's provisions, which helps in identifying the scope of its application. - [Source Reference]

  • Rent Authority - A Rent Authority will be established under the Act to oversee tenancy matters, ensuring fair practices and efficient dispute resolution. - [Source Reference]

  • Dispute Resolution - The Act aims to provide a mechanism for the speedy resolution of disputes between landlords and tenants, reducing the burden on civil courts. - [Source Reference]

  • Market Regulation - The Act seeks to regulate market-driven renting of premises, balancing the interests of both landlords and tenants. - [Source Reference]

  • Eviction Protections - Tenants are protected from eviction during the continuance of the tenancy agreement unless otherwise agreed in writing. - [Source Reference]

  • Penalty for Frivolous Applications - The Rent Authority may impose a penalty on tenants for frivolous applications, which can be up to twice the monthly rent. - [Source Reference]

  • Legal Consequences - Non-compliance with the Rent Authority's decisions may lead to legal consequences, including fines. - [Source Reference]

  • Repeal of Previous Laws - The Act repeals the Assam Urban Areas Rent Control Act, 1972, indicating a shift towards a more modern regulatory framework. - [Source Reference]

  • Tenant Rights - The Act emphasizes the rights of tenants, ensuring they are not unfairly treated or evicted without due process. - [Source Reference]

  • Landlord Obligations - Landlords are required to adhere to the provisions of the Act, promoting responsible property management. - [Source Reference]

  • Model Tenancy Act Compliance - The Assam Tenancy Act aligns with the Model Tenancy Act, 2021, reflecting a broader national trend towards tenancy reform. - [Source Reference]

  • Administrative Framework - The establishment of a Rent Authority creates an administrative framework for managing tenancy issues effectively. - [Source Reference]

  • Legal Clarity - The preliminary provisions provide legal clarity, which is essential for both landlords and tenants in understanding their rights and obligations. - [Source Reference]

  • Public Awareness - The Act aims to enhance public awareness regarding tenancy rights and responsibilities, fostering a more informed rental market. - [Source Reference]

  • Future Amendments - The Act allows for future amendments, indicating a willingness to adapt to changing societal needs and market conditions. - [Source Reference]

  • Legislative Intent - The overall intent of the Act is to create a balanced and fair rental market in Assam, benefiting both landlords and tenants. - [Source Reference]

S.1 Short title extent and commencement



(1) This Act may be called the Assam Tenancy Act, 2021.


(2) It extends to the whole of the State of Assam.


(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.








S.2 Definitions



In this Act, unless the context otherwise requires,-


(a) "landlord", means the landowner or lessor or any other person who receives or is entitled to receive, on his behalf the rent of any premises, on his own account, if the premises were let to a tenant, and shall include -


    (i) his successor-in-interest; and


(ii) a trustee or guardian or receiver receiving rent for any premises or is entitled to so receive, 'on account of or on behalf of or for the benefit of, any other person such as minor or person of unsound mind who cannot enter into a contract;


(b) "local authority" means a Village Panchayat or Panchayat Samiti or Zila Parishad or a Municipal Corporation or a Municipal Council or a Planning or a Development Authority, by whatever name called, or the Cantonment Board, or as the case may be, a civil area committee appointed under section


Legal Commentary on Assam Tenancy Act, 2021 - Section 2

Introduction

The Assam Tenancy Act, 2021, aims to regulate tenancy agreements and protect the rights of both landlords and tenants in Assam. Section 2 of the Act is pivotal as it lays down the definitions that form the foundation for understanding the provisions of the Act.

What does Section 2 Say

Section 2 provides definitions for key terms used throughout the Act, including "landlord," "tenant," "tenancy agreement," and "rent authority." These definitions are crucial for the interpretation and application of the Act.

Essential Ingredients

  • Definitions: The section includes comprehensive definitions that clarify the roles and responsibilities of landlords and tenants.
  • Scope: It establishes the legal framework within which tenancy agreements must operate.

Scope of Section

The scope of Section 2 extends to all tenancy agreements within Assam, ensuring that both landlords and tenants have a clear understanding of their rights and obligations under the law.

Punishment for Section

While Section 2 itself does not prescribe punishments, it sets the stage for subsequent sections that may impose penalties for violations of the defined terms and conditions.

Legal Comments

  • Keyword - Purpose - The Assam Tenancy Act aims to create a Rent Authority to oversee the renting of properties and protect the interests of both landlords and tenants. - [Source Reference]
  • Keyword - Definitions - Section 2 provides essential definitions that clarify the roles of landlords and tenants, which are crucial for the application of the Act. - [Source Reference]
  • Keyword - Clarity - The definitions in Section 2 help eliminate ambiguity in tenancy agreements, promoting better compliance and understanding. - [Source Reference]
  • Keyword - Legal Framework - This section establishes a legal framework that governs tenancy agreements in Assam, ensuring that both parties are aware of their rights. - [Source Reference]
  • Keyword - Rent Authority - The Act mandates the establishment of a Rent Authority to regulate renting practices and resolve disputes. - [Source Reference]
  • Keyword - Tenancy Agreement - The section emphasizes the necessity of a written tenancy agreement, which is a critical aspect of the landlord-tenant relationship. - [Source Reference]
  • Keyword - Dispute Resolution - The Act provides mechanisms for speedy resolution of disputes between landlords and tenants through designated authorities. - [Source Reference]
  • Keyword - Simplification - The Assam Tenancy Act simplifies the procedures related to tenancy, making it easier for both parties to navigate their rights and responsibilities. - [Source Reference]
  • Keyword - Protection - The Act aims to protect the interests of both landlords and tenants, balancing their rights and obligations. - [Source Reference]
  • Keyword - Compliance - By defining key terms, Section 2 encourages compliance with the Act, reducing the likelihood of disputes. - [Source Reference]
  • Keyword - Eviction - The Act stipulates that tenants cannot be evicted without a formal agreement, ensuring security for tenants. - [Source Reference]
  • Keyword - Security Deposit - The Act prescribes a maximum limit for security deposits, protecting tenants from excessive charges. - [Source Reference]
  • Keyword - Formal Agreement - The Act prevents informal renting practices, mandating formal agreements to safeguard both parties. - [Source Reference]
  • Keyword - Legislative Intent - The definitions reflect the legislative intent to create a fair and transparent rental market in Assam. - [Source Reference]
  • Keyword - Applicability - The definitions provided in Section 2 apply to all rental agreements within the jurisdiction of Assam. - [Source Reference]
  • Keyword - Enforcement - The clarity in definitions aids in the enforcement of the Act, allowing authorities to take appropriate actions against violations. - [Source Reference]
  • Keyword - Tenant Rights - The Act emphasizes tenant rights, ensuring they are not exploited by landlords. - [Source Reference]
  • Keyword - Landlord Rights - Similarly, it protects landlord rights, ensuring they can manage their properties effectively. - [Source Reference]
  • Keyword - Legislative Framework - Section 2 is a critical component of the legislative framework that governs tenancy in Assam. - [Source Reference]
  • Keyword - Future Amendments - The definitions may be subject to future amendments as the rental landscape evolves in Assam. - [Source Reference]

S.3 Act not to apply to certain premises



(1) Nothing in this Act shall apply to any-


    (a) premises owned or promoted by the Central Government or State Government or local authority or a Government undertaking or enterprise or a statutory body or Cantonment Board;


(b) premises owned by a company, University or organisation given on rent to its employees as part of service contract;


(c) premises owned by religious or charitable institutions as may be specified, by notification by the State Government;


(d) premises owned by Waqf registered under the Waqf Act, 1995[Central Act No. 43 of 1995] or by any trust registered under the public trust law of the State for the time being in force;


(e) other building or category of buildings specifically exempted in public interest by notification by the State Government.


(2) Notwithstanding an

S.4 Tenancy agreement



(1) Notwithstanding anything contained in this Act or any other law for the time being in force, no person shall, after the commencement of this Act, let or take on rent any premises except by an agreement in writing, which shall be informed to the Rent Authority by the landlord and tenant jointly, in the form specified in the First Schedule within a period of two months from the date of tenancy agreement.


(2) Where the landlord and the tenant fail to jointly inform the execution of the tenancy agreement referred to in sub-section (1), the landlord and tenant shall separately inform the execution of tenancy agreement to the Rent Authority within a period of one month from the date of expiry of the period specified in sub-section (1).


(3) The Rent Authority shall, within three months from the date of its appointment, put in place a digital platform in the local vernacular language or the language of the S

S.5 Period of tenancy



(1) Every tenancy entered into after the commencement of this Act shall be valid for a period as agreed upon between the landlord and the tenant and as specified in the tenancy agreement.


(2) The tenant may request the landlord for renewal or extension of the tenancy, within the period agreed to in the tenancy agreement, and if agreeable to the landlord, may enter into a new tenancy agreement with the landlord on mutually agreed terms and conditions


(3) Where a tenancy for a fixed term ends and has not been renewed or the tenant fails to vacate the premises at the end of such tenancy, then such tenant shall be liable to pay an enhanced rent to the landlord as provided in section 23


Provided that notwithstanding anything contained in this section, if the term of tenancy expires at a time when the locality where the premises let out on rent is situated is affected by any disastro

S.6 Rights and obligations of successor in the case of death



The terms of agreement executed between landlord and tenant, shall be binding upon their successors in the event of the death of landlord or tenant, as the case may be, and in such case, successors of the deceased landlord or tenant shall have the same rights and obligations as agreed to in the tenancy agreement for the remaining period of such tenancy.







S.7 Restriction on sub-letting



(1) After the commencement of this Act, no tenant shall, except by entering into a supplementary agreement to the existing tenancy agreement,-


    (a) sub-let whole or part of the premises held by him as a tenant;


(b) transfer or assign his rights in the tenancy agreement or any part thereof.


(2) Where the premises is sub-let upon entering into a supplementary agreement to the existing tenancy agreement as referred to in sub-section (1), the landlord and tenant shall jointly inform the Rent Authority about the sub-tenancy within a period of two months from the date of execution of such agreement in the Form specified in the First Schedule.








S.8 Rent payable



The rent payable in respect of a premises shall be the rent agreed to between the landlord and the tenant in accordance with the terms of the tenancy agreement.







S.9 Revision of rent



(1) The revision of rent between the landlord and the tenant shall be in accordance with the terms of the tenancy agreement.


(2) Where, after the commencement of tenancy, the landlord has entered into an agreement in writing with the tenant prior to the commencement of the work and has incurred expenditure for carrying out improvement, addition or structural alteration in the premises occupied by the tenant, which does not include repairs necessary to be carried out under section 15, the landlord may increase the rent of the premises by an amount as agreed to between the landlord and the tenant, and such increase in rent shall become effective from one month after the completion of such work.








S.10 Rent Authority to detennine the revised rent in case of dispute



In case of any dispute between the landlord and the tenant regarding revision of rent, the Rent Authority may, on an application made by the landlord or tenant, determine the revised rent and other charges payable by the tenant and also fix the date from which such revised rent becomes payable.







S.11 Security deposit



(1) The security deposit to be paid by the tenant in advance shall be such as may be agreed upon between the landlord and the tenant in the tenancy agreement, which shall - .


    (a) not exceed two months rent, in case of residential premises; and


(b) not exceed six months rent, in case of non-residential premises.


(2) The security deposit shall be refunded to the tenant on the date of taking over vacant possession of the premises from the tenant, after making due deduction of any liability of the tenant.








S.12 Original tenancy agreement to be retained by the landlord and the tenant



The tenancy agreement shall be signed in duplicate by both the landlord and the tenant, and one each of such original signed tenancy agreement shall be retained by the landlord and the tenant.







S.13 Rent and other charges payable and receipt for payment thereof



(1) Every tenant shall pay rent and other charges payable within such period as agreed to in the tenancy agreement.


(2) Every landlord or his property manager shall, on receipt of payment towards rent and other charges payable within the stipulated period as in the tenancy agreement from the tenant, provide forthwith against acknowledgement, a duly signed receipt for the amount received by him:


Provided that where the payment of rent or other charges is made by the tenant to the landlord through the electronic mode, the bank acknowledgment thereof shall be conclusive proof of such payment.








S.14 Deposit of rent with Rent Authority



(1) Where the landlord refuses to accept any rent and other charges payable or refuses to give a receipt, the rent and other charges shall be paid to the landlord by postal money order or any other method, in such manner as may be prescribed, consecutively for two months, and if the landlord refuses to accept the rent and other charges within such period, then the tenant may deposit the same with the Rent Authority in such manner as may be prescribed.


(2) Where the tenant is unable to decide to whom the rent is payable during the period of tenancy agreement, the tenant may, in such case, deposit the rent with the Rent Authority in such manner as may be prescribed.


(3) Where the rent is deposited under sub-section (1) or sub-section (2), the Rent Authority shall enquire the case as to whom the rent is payable and pass orders as may deem fit on the basis of the facts of the case.


S.15 Repair and maintenance of property



(1) Notwithstanding any agreement in writing to the contrary, the landlord and the tenant shall keep the premises in as good a condition as at the commencement of the tenancy, except for normal wear and tear, and shall respectively be responsible to repair and maintain the said premises as specified in the Second Schedule or as agreed to in the tenancy agreement.


(2) In case of common facilities shared among the tenants or with the landlord, the respective responsibilities of the tenant and landlord to repair and maintain those facilities shall be such as may be specified in the tenancy agreement.


(3) If the tenant fails or refuses to carry out the repairs referred to in sub-section (1) or sub-section (2), above the landlord may carry out the repairs or remove the additional structure erected by tenant without consent of the landlord and deduct the amount incurred for such repairs or removal as the case

S.16 Tenant to look after premises



During the subsistence of tenancy, the tenant shall,-


(a) not intentionally or negligently damage the premises or permit such damage;


(b) inform in writing the landlord of any damage;


(c) take reasonable care of the premises and its contents including fitting and fixtures and keep it reasonably habitable having regard to its condition at the commencement of tenancy and the normal incidence of living.








S.17 Entry into premises



(1) Every landlord or the property manager may enter the premises let out on rent after serving a notice, in writing or through electronic mode, to the tenant at least twenty four hours before the time of entry under the following circumstances, namely:-


    (a) to carry out repairs or replacement or to do or to get work done in the premises; or


(b) to carry out an inspection of the premises for the purpose of determining whether the . premises are in a habitable state; or


(c) for any other reasonable cause for entry specified in the tenancy agreement.


(2) The notice referred to in sub-section (1) shall specify the day, time and reason for entry:


    Provided that no person shall enter the premises before sun rise and after sun set:


Provided further that nothing contained in this section shal

S.18 Information as to property manager



In case the landlord has engaged a property manager, the landlord shall provide the following information to the tenant, namely:-


    (a) name of the property manager;


(b) proof that such property manager is authorised by the landlord;


(c) specific purposes for which the property manager has been authorised by the landlord and the period, of such authorisation; and


(d) if the property manager is a legal entity, the name of the entity and the person authorised in this behalf by that legal entity who may be contacted in relation to the tenancy agreement.








S.19 Duties of property manager and consequences of violation of duty



(1) The duties of the property manager shall include the following, namely:-


    (a) to collect rent against receipt;


(b) to do essential repairs on behalf of the landlord;


(c) to inspect the premises from time to time;


(d) to give notices to tenant for -


(i) proper maintenance of the premises;


(ii) delay in payment of rent;


(iii) revision of rent;


(iv) vacating of premises;


(v) renewal of tenancy;


(e) help in resolution of disputes among tenants and between landlord and tenant;


(f) any other matters relating to tenancy to be acted upon only on the instructions of the landlord.


(2) Where the property manager acts, in contravention of

S.20 Withholding essential supply and service



-(1) No landlord or property manager shall either by himself or through any other person, withhold any essential supply or services in the premises occupied by the tenant.


(2) In case of contravention of provisions of sub-section (1) and on application made by the tenant in this behalf, the Rent Authority after examining the matter, may pass an interim order directing the restoration of supply of essential services immediately on service of such order upon the landlord or property manager, as the case may be, pending the inquiry referred to in sub-section (3).


(3) The Rent Authority shall conduct an enquiry in respect of the application made by the tenant under sub-section (2), and complete the inquiry within one month of filing such application.


(4) The Rent Authority may, after giving a reasonable opportunity of being heard, award a compensation not exceeding two months rent

S.21 Eviction and recovery of possession of premises by landlord



(1) A tenant shall not be evicted during the continuance of tenancy agreement unless otherwise agreed to in writing by the landlord and tenant, except in accordance with the provisions of sub-section (2) or in accordance with the provisions of section 22.


(2) The Rent Court may, on an application made to it by the landlord in such manner as may be prescribed, make an order for eviction and recovery of possession of the premises on one or more of the following grounds, namely :-


    (a) that the tenant does not agree to pay the rent payable under section 8;


(b) that the tenant has not paid the arrears of rent and other charges payable in full as specified in sub-section (1) of section 13 for two consecutive months, including interest for delayed payment as may be specified in the tenancy agreement within a period of one month from the date of service of notice of demand for paym


Legal Commentary on Section 21 of the Assam Tenancy Act, 2021

Introduction

The Assam Tenancy Act, 2021, represents a significant legislative effort to regulate tenancy agreements and protect the rights of both landlords and tenants in Assam. Section 21 specifically addresses the conditions under which a tenant may be evicted and the process for landlords to recover possession of their premises.

What does Section 21 Say

Section 21 of the Assam Tenancy Act, 2021, stipulates that a tenant cannot be evicted during the term of a tenancy agreement unless specific conditions are met. It outlines the legal framework for eviction and recovery of possession by landlords.

Essential Ingredients

  • Tenancy Agreement: The section emphasizes that eviction cannot occur while a tenancy agreement is in force.
  • Conditions for Eviction: It specifies the circumstances under which a landlord may initiate eviction proceedings.

Scope of Section

The scope of Section 21 extends to all tenancy agreements governed by the Assam Tenancy Act, ensuring that tenants are protected from arbitrary eviction during the tenure of their lease.

Punishment for Section

While the section outlines the conditions for eviction, it also implies that contravention of these provisions may lead to legal consequences for landlords, although specific punitive measures are not detailed within this section.

Legal Comments

  • Tenant Protection - Section 21 provides robust protection for tenants against unlawful eviction during the tenancy period. -
  • Written Agreements - The Act mandates that tenancy agreements must be documented and reported to the Rent Authority, ensuring transparency. -
  • Regulatory Framework - Establishment of a Rent Authority under the Act aims to regulate rental practices and protect both parties' interests. -
  • Dispute Resolution - The Act provides mechanisms for resolving disputes between landlords and tenants through designated rent courts. -
  • Security Deposits - The Act prescribes limits on security deposits, further safeguarding tenant interests. -
  • Eviction Conditions - Landlords must adhere to specific conditions outlined in the Act before initiating eviction proceedings. -
  • Continuance of Tenancy - The section reinforces that a tenant's right to occupy the premises continues as long as the tenancy agreement is valid. -
  • Legal Recourse - Tenants have legal recourse against landlords who attempt to evict them unlawfully, enhancing their security. -
  • Clarity in Tenancy Terms - The requirement for written agreements helps clarify the terms of tenancy, reducing potential conflicts. -
  • Landlord Obligations - Landlords are obligated to follow the legal process for eviction, promoting fairness in landlord-tenant relationships. -
  • Impact on Rental Market - The Act is expected to positively impact the rental market by creating a more structured and fair environment for both parties. -
  • Awareness and Compliance - The Act encourages landlords and tenants to be aware of their rights and obligations, fostering compliance with legal standards. -
  • Judicial Oversight - The involvement of rent courts ensures that eviction processes are subject to judicial oversight, protecting tenant rights. -
  • Legislative Intent - The overarching intent of the Act is to balance the interests of landlords and tenants, promoting stability in housing. -
  • Future Amendments - The Act may be subject to future amendments to address emerging issues in the rental market. -
  • Public Awareness Campaigns - There is a need for public awareness campaigns to educate both landlords and tenants about their rights under the Act. -
  • Enforcement Challenges - Effective enforcement of the provisions of Section 21 may pose challenges, necessitating adequate resources for the Rent Authority. -
  • Long-term Tenancy Security - The Act aims to provide long-term security for tenants, which can lead to more stable communities. -
  • Economic Implications - By regulating tenancy, the Act may have broader economic implications, influencing housing affordability and availability. -
  • Cultural Context - The Act reflects the cultural context of Assam, addressing local tenancy issues and practices. -

S.22 Eviction and recovery of possession of premises in case of death of land lord



(1) Notwithstanding anything contained in this Act or any other law for the time being in force, in case of death of the landlord, where there is a bonafide requirement of the premises let out on rent by the legal heirs of the landlord during the period of tenancy, such legal heirs may file an application in this behalf for eviction and recovery of possession of the said premises before the Rent Court in such form and manner, as may be prescribed.


(2) The Rent Court may, on an application made to it under sub-section (1), if it is satisfied that the legal heirs of the deceased landlord are in bonafide requirement of the premises let out on rent, pass necessary orders against the tenant for, handing over vacant possession of the said premises to the legal heirs of the deceased landlord.








S.23 Enhancement of rent in case of refusal by tenant to vacate



Where the tenant fails to vacate the premises let out on rent in accordance with the tenancy agreement on the expiration of the period of tenancy or termination of tenancy by an order or notice under the provisions of this Act, such tenant shall be liable to pay the landlord-


    (a) twice the monthly rent for the first two months; and


(b) four times the monthly rent thereafter till the tenant continues to occupy the said premises.








S.24 Refund of advance rent by landlord



(1) Where a landlord exercises the right of recovery of possession under sub-section (2) of section 21 or under section 22, and he had received any rent or any other payment in advance from the tenant, he shall before recovery of possession, refund to the tenant such amount after deducting the rent and other charges due to him.


(2) If the landlord fails to make any refund, he shall be liable to pay simple interest to the tenant at such rate as may be prescribed from time to time on the amount which he has omitted or failed to refund.








S.25 Payment of rent during eviction proceedings



In any proceedings for recovery of possession on any ground other than that referred to in clause (a) or clause (b) of sub-section (2) of section 21, where the tenant contests the claim for eviction, the landlord may at any stage of the proceedings apply to the Rent Court to direct the tenant to pay him the rent payable, as under section 8, and the Rent Court may order the tenant to make such payment and all other charges due from the tenant along with penal charges, if any, due to delay in payment, in accordance with the provisions of sub-section (1) of section 14.







S.26 Permission to build additional structure



(1) Tenant shall not carry out any structural change or erect any permanent structure in the premises let out on rent without the written consent of the landlord.


(2) Where the landlord proposes to make any improvement in or construct any additional structure on any premises which has been let out to a tenant and the tenant refuses to allow the landlord to make such improvement or construct such additional structure, the landlord may make an application in this behalf to the Rent Court.


(3) On an application made by the landlord under sub-section (2), if the Rent Court is satisfied that the landlord is ready and willing to commence the work which is necessary, the Rent Court may permit the landlord to do such work and may make such other order as it may deem fit:


Provided that such improvement or additional structure shall not decrease or diminish or deteriorate the accommodati

S.27 Special provision regarding vacant land



(1) Notwithstanding anything contained in section 21 or section 22, where any premises let out for rent comprises vacant land, upon which it is permissible under the municipal bye-laws for the time being in force to erect any building whether for residence or for any other purpose, and the landlord who intends to erect such building is unable to obtain possession of the same from the tenant on the basis of the tenancy agreement, the landlord or, in case of death of the landlord, his legal heirs, may file an application in this behalf, in such form and manner as may be prescribed, before the Rent Court.


(2) The Rent Court may, on receipt of the application referred to in sub-section (1), if it is satisfied that the landlord is or, as the case may be, his legal heirs are ready and willing to commence the work and that the severance of the vacant land from the rest of the premises shall not cause undue hardship to the tenant,-


S.28 Vacant possession to landlord



Notwithstanding anything contained in any other law for the time being in force, where the interest of a landlord or in case of death of the landlord or his legal heirs in any premises is determined for any reason whatsoever and any order is made by the Rent Court under this Act for the recovery of possession of such premises, such order shall, subject to the provisions of sub-section (3) of section 21, be binding on all occupants who may be in occupation of the premises and vacant possession thereof shall be given by all such occupants to the landlord or to the legal heirs of the landlord.






S.29 Provisions regarding notice of giving up possession by tenant



Notwithstanding anything contained in this Act or any other law for the time being in force, a tenant may give up possession of the premises on giving such written notice as is required under the tenancy agreement and in the absence of any stipulation relating to such notice, the tenant shall give notice to the landlord of at least one month before giving up possession of the premises.







S.30 Rent Authority



The Deputy Commissioner of a District shall, with the previous approval of the State Government, appoint an officer, not below the rank of Circle Officer to be the Rent Authority within his jurisdiction.







S.31 Power and procedure of Rent Authority



The Rent Authority shall have all the powers as are vested in a Rent Court under this Act in respect of any proceedings initiated under sections 4, 9, 10, 14, 15, 19 or section 20 and the procedure as laid down in sections 35 and 36 shall apply in such proceedings.







S.32 Appeals



(1) Any person aggrieved by the order of the Rent Authority may prefer an appeal to the Rent Court having territorial jurisdiction.


(2) The appeal under sub-section (1) shall be preferred within a period of thirty days from the date of the order of the Rent Authority.








S.33 Rent Court



The Deputy Commissioner of a District shall, with the previous approval of the State Government, appoint Additional Deputy Commissioner or an officer of equivalent rank, to be the Rent Court for the purposes of this Act, within his jurisdiction.







S.34 Rent Tribunal



The State Government may, in consultation with the High Court, may by notification, appoint District Judge or Additional District Judge as Rent Tribunal in each district.







Legal Commentary on Section 34 of the Assam Tenancy Act, 2021

Introduction

Section 34 of the Assam Tenancy Act, 2021, establishes the framework for the creation and functioning of Rent Tribunals within each district of Assam. These Tribunals are vital for adjudicating disputes relating to tenancy, ensuring the enforcement of tenancy rights, and executing orders issued under the Act.

What does Section 34 Say

Section 34 provides for:- The constitution of Rent Tribunals in each district by the State Government.- The appointment of District Judges or Additional District Judges as Rent Tribunals.- The scope of jurisdiction and powers of these Tribunals concerning tenancy disputes.- The manner of executing orders passed by the Rent Tribunal or Court, including eviction and possession orders.

Essential Ingredients

  • Establishment of Rent Tribunals in each district.
  • Appointment of judicial officers (District or Additional District Judges).
  • Jurisdiction over tenancy disputes under the Act.
  • Procedures for execution of orders, including eviction.
  • The Tribunal’s authority to levy penalties or ensure compliance with its orders.

Scope of Section

  • It covers the formation and functioning of Rent Tribunals.
  • It delineates the powers vested in the Tribunals for dispute resolution.
  • It provides a framework for the enforcement of tenancy-related orders.
  • It extends to all districts in Assam, ensuring uniformity in tenancy dispute adjudication.

Punishment for Section

  • While Section 34 itself does not specify penalties, related provisions empower the Rent Tribunal or Authority to levy penalties for non-compliance or frivolous applications, such as fines up to twice the monthly rent [Source: ""].
  • Penalties may be imposed for violations related to eviction orders or non-implementation of Tribunal decisions.

Legal Comments

  • Establishment of Rent Tribunals - Section 34 mandates the constitution of Rent Tribunals in each district to facilitate effective dispute resolution [Source: ""].
  • Appointment of Judicial Officers - District Judges or Additional District Judges are empowered to serve as Rent Tribunals, ensuring judicial expertise [Source: ""].
  • Jurisdiction - The Tribunals have jurisdiction over tenancy disputes, including eviction, rent fixation, and execution of orders [Source: ""].
  • Execution of Orders - The manner of executing orders, such as eviction or possession, is specified under this section, ensuring lawful enforcement [Source: ""].
  • Scope of Dispute Resolution - The section covers disputes related to tenancy agreements, rent, and possession, providing a comprehensive adjudicatory mechanism [Source: ""].
  • Enforcement Mechanism - Orders passed by the Rent Tribunal are executable through proper legal procedures, safeguarding tenant and landlord rights [Source: ""].
  • Legal Authority - The Tribunal’s authority extends to levy penalties for frivolous or malicious applications, with penalties up to twice the monthly rent [Source: ""].
  • Appeals - Orders passed by Rent Tribunals are subject to appeal, ensuring a hierarchical review process [Source: ""].
  • Uniformity - The establishment of Tribunals in each district promotes uniformity in tenancy law enforcement across Assam [Source: ""].
  • Protection of Rights - The Tribunal plays a crucial role in protecting both landlords’ and tenants’ rights through fair adjudication [Source: ""].
  • Legal Framework - Section 34 provides a statutory framework aligning with broader tenancy regulation objectives under the Act [Source: ""].
  • Procedural Clarity - It clarifies the procedural aspects of dispute resolution and order execution, reducing ambiguities [Source: ""].
  • Scope of Penalties - Penalties are designed to deter frivolous applications and ensure compliance with Tribunal orders [Source: ""].
  • Legal Enforcement - The section ensures legal enforceability of tenancy orders, including eviction and possession, through judicial procedures [Source: ""].
  • Role of the State Government - The State Government’s consultation with the High Court ensures judicial oversight in Tribunal appointments and functions [Source: ""].
  • Extension of Act - The Act, including Section 34, extends to the entire state, ensuring comprehensive tenancy regulation [Source: ""].

Note: The analysis is based on the provided sources, primarily focusing on the establishment, jurisdiction, and enforcement aspects of Section 34, with references to penalties and procedural provisions.


S.35 Procedure to be followed in Rent Court and Rent Tribunal



(1) Save as provided in this section, nothing contained in the Code of Civil Procedure, 1908, [Central Act No. 5 of 1908] shall apply to the Rent Courts and Rent Tribunals, which shall be guided by the principles of natural justice and shall have power to regulate their own procedure in the following manner, namely:-


    (a) the landlord or the tenant may file an application or appeal before the Rent Court or, the Rent Tribunal as the case may be accompanied by affidavit and documents, if any;


(b) the Rent Court or the Rent Tribunal, as the case may be, shall then issue notice to the opposite party, accompanied by copies of application or appeal, affidavit and documents;


(c) the opposite party shall file a reply accompanied by affidavit and documents, if any, after serving a copy of the same to the applicant;


(d) the applicant may file a rejoinder, if

S.36 Powers of Rent Court and Rent Tribunal



(1) The Rent Court and the Rent Tribunal shall, for discharging of their functions under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, [Central Act No. 5 of 1908] for the purposes of,-


    (a) summoning and enforcing the attendance of any person and examining him on oath;


(b) requiring the discovery and production of documents;


(c) issuing commissions for examination of the witnesses or documents;


(d) issuing commission for local investigation;


(e) receiving evidence on affidavits;


(f) dismissing an application or appeal for default or deciding it ex-parte;


(g) setting aside any order of dismissal of any application or appeal for default or any other order passed by it ex-parte;


(h) execut

S.37 Appeal to Rent Tribunal



(1) Any person aggrieved by an order passed by the Rent Court, may prefer an appeal along with a certified copy of such order to the Rent Tribunal within the jurisdiction/local limits of which the premise is situated, within a period of thirty days from the date of order.


(2) The Rent Tribunal, upon filing an appeal under sub-section (1) shall serve notice, along with a copy of appeal to the respondent and fix a hearing not later than thirty days from the date of service of notice of appeal on the respondent and the appeal shall be disposed of within a period of sixty days from such date of service.


(3) Where the Rent Tribunal considers it necessary in the interest of arriving at a just and proper decision, it may allow documents at any stage of the proceedings in appeal:


Provided that no such document shall be allowed more than once during the hearing.


(1) The Rent Court shall, on an application filed by any party, execute an order of a Rent Court or a Rent Tribunal or any other order made under this Act, in such manner as may be prescribed, by-


    (a) delivering possession of the premises to the person in whose favour the decision has been made; or


(b) attaching one or more bank accounts of the opposite party for the purpose of recovering the amount specified in such order; or


(c) appointing any advocate or any other competent person including officers of the Rent Court or local administration or local body for the execution of such order.


(2) The Rent Court may take the help from the Local Government or local body or the local police for the execution of the final orders:


Provided that no applicant shall obtain police help unless he pays such costs as may be decide

S.39 Power of State Government to appoint Officers and other employees of Rent Authority, Rent Court and Rent Tribunal



The State Government may, in consultation with the Rent Authority, Rent Court and Rent Tribunal, determine the nature and categories of officers and other employees of Rent Authority, Rent Court and Rent Tribunal as it consider necessary and appoint such officers and employees for the efficient discharge of their functions under this Act.







S.40 Jurisdiction of Civil Courts barred in respect of certain matters



(1) Save as otherwise provided in this Act, no civil court shall entertain any suit or proceeding in so far as it relates to the provisions of this Act.


(2) The jurisdiction of the Rent Court shall be limited to tenancy agreement submitted to it as specified in the First Schedule and shall not extend to the question of title or ownership of premises referred in the tenancy agreement.








S.41 Court fee



(1) The provisions of the Court Fees Act, 1870, [Central Act No. 7 of 1870] shall apply in respect of applications or appeals to be presented before the Rent Authority or Rent Court or Rent Tribunal, as the case may be.


(2) For the purposes of computation of court fees, the application for recovery of possession made to the Rent Court and the memorandum of appeals presented before the Rent Tribunal, shall be deemed to be a suit between the landlord and the tenant.


(3) The court fees for the application filed before the Rent Authority shall be same as that of an interlocutory application presented in a civil court.








S.42 Members etc. to be public servant



Every member of Rent Authority, Rent Court and Rent Tribunal appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860, [Central Act No. 45 of 1860].







S.43 Protection of action taken in good faith



No suit, prosecution or other legal proceeding shall lie against any person, Rent Authority, Rent Court or Rent Tribunal in respect of anything which is in good faith done or intended to be done in pursuance of this Act.







S.44 Power to make rules



(1) The State Government may, subject to the condition of previous publication, make rules for carrying out the provisions of this Act.


(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-


    (a) the form and manner of digital platform to be put in place by the Rent Authority in the local vernacular language or the language of the State for enabling submissions of documents under sub-section (3) of section 4;


(b) the manner of payment of rent and other charges to the landlord by the tenant by postal money order or any other method and the manner of deposit of rent and other charges with the Rent Authority on refusal by landlord to accept the same under sub-section (1) and the manner of deposit of rent with the Rent Authority under sub-section (2), of section 14;


S.45 Laying of rules



Every rule made by the State Government under this Act shall be laid as soon as may be, after it is made, before the State Legislature where it consist of two Houses, or where such Legislature consist of one House, before that House.






S.46 Power to remove difficulty



(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, not inconsistent with the provisions of this Act, remove the difficulty:


Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.


(2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislature.








S.47 Repeal and saving



(1) The Assam Urban Areas Rent Control Act, 1972, [Assam Act No. XVII of 1972] which is in force immediately before the commencement of this Act, is hereby repealed.


(2) Notwithstanding such repeal, all cases and other proceedings under the said Assam Urban Areas Rent Control Act, 1972, [Assam Act No. XVII of 1972] pending, at the commencement of this Act, shall be continued and disposed of in accordance with the provisions of the Assam Urban Areas Rent Control Act, 1972, [Assam Act No. XVII of 1972] as if that Act had continued to be in force and this Act had not been enacted.


THE FIRST SCHEDULE


[See section 4(1) and 7(2)]


FORM FOR INFORMATION OF TENANCY


To,


The Rent Authority


___________________


_______________ (Address)

















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