Keywords : Holding, Land, Landlord, Rent, Tenant, Urban Area
Amendment appended: 18 of 2008
An Act to regulate in certain respects the relationship between landlord and tenant in respect of non-agricultural lands in the urban areas of the State of Assam.
Preamble. – Whereas it is expedient to regulate in certain respects the relationship between landlord and tenant in respect of non-agricultural lands in the urban areas of the State of Assam.
It is hereby enacted in the Sixth Year of the Republic of India as follows:-
1. Short title, extent and commencement. – (1) This Act may be called the Assam non-Agricultural Urban Areas Tenancy Act, 1955.
(2) It extends-
(a) to the urban areas in the State of Assam ; and
(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).
(3) It shall come into force on such date as the State Government may, by notification in the official Gazette appoint.
2. Application. – Notwithstanding anything contained in any contract or in any law for the time being in force, the provisions of this Act, shall apply to all non-agricultural tenancies whether created before or after the date on which this Act comes into force:
(i) Provided that the provisions of this Act shall not apply to:-
(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
(b) Land held by the Government of India or by any Local Authority or by the State Government, or
(c) any holding which contains one or more buildings owned by the landlord and which has been let out to any person, or
(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:
(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.
3. Definitions. – In this Act, unless there is anything repugnant in the subject-matter or context:-
(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 ;
(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 ;
(c) ‘landlord’ means a person immediately under whom a tenant holds but does not include the Government ;
(d) ‘permanent structure’ in relation to any locality means a structure which is regarded as permanent in that locality;
(e) ‘prescribed’ means prescribed by a rule made under this Act ;
(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 ;
(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 ;
(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).
4. Obligation to pay rent. – A tenant shall pay rent for his holding at fair and equitable rates:
Provided that in case of dispute the rate at which rent has been previously paid by a tenant immediately before the dispute shall be deemed to be fair and equitable unless the contrary be proved in a competent Civil Court.
5. Protection from eviction. – (1) Notwithstanding anything in any contract or in any law for the time being in force-(a) where under the terms of a contract entered into between a landlord and his tenant whether before or after the commencement of this Act, a tenant is entitled to build, and has in pursuance of such terms actually built within the period of five years from the date of such contract, a permanent structure on the land of the tenancy for residential or business purposes, or where a tenant not being 30 entitied to build, has actually built any such structure on the land of the tenancy for any of the purposes aforesaid with the knowledge and acquiescence of the landlord, the tenant shall not be ejected by the landlord from the tenancy except on the ground of non-payment of rent ; (b) where a tenant has’ effected improvements on the land of the tenancy under the terms whereof he is not entitled to effect such improvements, the tenant shall not be ejected by the landlord from the land of the tenancy unless compensation for reasonable improvements has been paid to the tenant.
(2) No tenant shall be ejected by his landlord from the land of the tenancy except in execution of a decree for ejectment passed by a competent civil court.
(3) No decree for ejectment passed on the ground of non-payment of rent shall be executed within a period of thirty days from the date of the decree and if the tenant pays into the Court whose duty it is to execute the decree the entire amount payable under the decree within the aforesaid period, the Court shall record the decree as satisfied