MEGHALAYA URBAN AREAS RENT CONTROL ACT (AMENDMENT) ACT, 1972

Act No. 21 of 1972

07th November, 1972

An Act to fix fair rents of houses situated within the limits of urban areas in Meghalaya and for matters connected therewith. Be it enacted by the Legislature of Meghalaya in the Twenty-third Year of the Republic of India as follows:-

S.1 Short title, extent and commencement

(1) This Act may be called the Meghalaya Urban Areas Rent Control Act, (Amendment) Act, 1972.

(2)

• (a) It extends to all urban areas in Meghalaya.
• (b) The State Government may, by notification, extend the Act so such are or areas as are included in Town Committee constituted by the District Council and also to other areas of the Khasi Hills as fall within a radius of eight kilometres from the Court House of the Deputy Commissioner, Khasi Hills District.
• (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 to Central Government have been or are lawfully let by any person by virtue of an agreement with that G
  

  S.2 Definitions

  In this Act, unless there is any thing repugnant in the subject or context-

  • (i) "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;
  • (ii) "house" means any building, hut or shed, or any part thereof, let or to be let separately for residential or nor-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 houses;
  • (iii) "landlord" means any person who is, of 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 subte
    

  S.3 Pair rent

  (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 the estimated cost of construction of the house increase by more than twenty-five percent on the basis of the value of land 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 percent of the increase in the market price of land and cost of construction, on the date as may be prescribed subject to a maximum of a fifty percent of the preceding standard rent:

  Provided that subsequently after lapse of every five years of the revision of fair rent, if the market price of land and the
  

  S.4 Procedure for determination of fair rent

  (1) If any dispute arises regarding the rent payable in respect of any house, it shall be determine 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 determine the monthly rent for the house in accordance with the provisions of section 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 landlord 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 percent of the cost of such furniture on the date on which the Court determines the monthly rent for the house.

  Explanation.- Where according to the term of any arrangement by the landlord and
  

  S.5 Bar against passing and execution of decree and orders for ejectment

  (1) No order of decree for the recovery of procession 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 performs the conditions of the tenancy:

  Provided that nothing in this sub-section shall apply in a suit or proceedings for eviction of the tenant form the house:-

  • (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 clauses in areas where the said Act does not apply, or
  • (b) where the tenant has been guilty of conduct which is nuisance or an annoyance to the occupiers of the adjoining or neighbouring houses, or
  • (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 ho
    

  S.6 Duties of landlord

  Every landlord shall be bound to keep waterproof 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-"Repair" includes annual whitewashing and recolouring.

  
  

  S.7 Notice on landlord to perform duties

  (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 section 6, the Court may, on the application of the tenant, direct the landlord by notice to appear before is and to show cause against the application of the tenant.

  (2) If the landlord fails to show sufficient cause, the court, the Court may direct him to make such repairs or as the case may be, to take such measures for the restoration of the essential supplies and services as contemplated in section 6 within a period fixed by the Court.

  (3) 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 thereafter be l
  

  S.8 Appeals

  A landlord or a tenant aggrieved by any decision or order of the Court under the provisions of section 4, sub-sections (3) and (4) of section 5 and subsection (2) of section 7 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 decision of the appellate Court shall be final.

  
  

  S.9 Power to make Rules

  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.

  
  

  S.10 Repeal and Savings

  (1) The Assam Urban Areas Rent Control Act, 1966(Assam Act II of 1967) and the Meghalaya Urban Areas Rent Control Act are hereby repealed.

  (2) Notwithstanding such repeal-

  • (a) rent for a house payable for the period during the life of the Acts repealed will be determined under the corresponding provisions of the Acts repealed.
  • (b) If any decree or order has been made by any Court under the provisions of the Acts 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.