Explain the different grounds for eviction of a tenant by the landlord under the assam urban areas rent control act 1972
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1. (1) This Act may be called the Assam Urban Areas Rent Control Act, 1972,
(2) (a) It extends to all urban areas in Assam,
(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 or the Assam Land Revenue Reassessment Act, 1936. [(Assam Regulation I of 1886) (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 or otherwise, then, notwithstanding any judgement, decree or order of any Court or other authority the provisions of this Act shall apply to such tenancy.
(3) It shall come into force at once.
Definitions
2. 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 use by the tenant in such houses;
(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 subtenant, a tenant who has sub-let any house and includes every person not being a tenant who from time to time derives title under a landlord;
(d) “Pucca structure” means a structure with —
(i) Cemented, or wooden floor,
(ii) Iron, brick or concrete posts, and
(iii) Roof of reinforced concrete, or of galvanised iron, aluminium or asbestos sheets;
(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 per cent 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, and monthly rent shall be equal to one-twelfth of the annual payment so calculated; (Assam Act XI of 1969)
Provided that in fixing the “standard rent” of the first floor or any other floor above in a multistoryed building, the value of the land is to be taken into consideration as it is so done in case of ground floor or other type of building.
Explanation:— For the purpose of this clause, cost of construction shall mean the estimated cost required for the construction of the house less depreciation at one per cent for a building with pucca structure and two per cent for a building with non-pucca structure per annum of that amount from the actual date of completion of construction of the house provided that if the house was originally constructed as a smaller house or a non-pucca structure and was subsequently extended or developed into a pucca structure, the depreciation in respect of the portion so extended or developed shall be calculated from the date of completion of the extension or development.
(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;
(g) “Urban area” means any area declared to be, or included in, a municipality under the provisions of sub-section (2) of Section 5 of the Assam Municipal Act, 1956 or declared to be a notified area under the provisions of Sub-Section (4) of Section 334 of the said Act. (Assam Act XV of 1957)
Fair rent
3. (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.
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1. (1) This Act may be called the Assam Urban Areas Rent Control Act, 1972,
(2) (a) It extends to all urban areas in Assam,
(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 or the Assam Land Revenue Reassessment Act, 1936. [(Assam Regulation I of 1886) (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 or otherwise, then, notwithstanding any judgement, decree or order of any Court or other authority the provisions of this Act shall apply to such tenancy.
(3) It shall come into force at once.
Definitions
2. 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 use by the tenant in such houses;
(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 subtenant, a tenant who has sub-let any house and includes every person not being a tenant who from time to time derives title under a landlord;
(d) “Pucca structure” means a structure with —
(i) Cemented, or wooden floor,
(ii) Iron, brick or concrete posts, and
(iii) Roof of reinforced concrete, or of galvanised iron, aluminium or asbestos sheets;
(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 per cent 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, and monthly rent shall be equal to one-twelfth of the annual payment so calculated; (Assam Act XI of 1969)
Provided that in fixing the “standard rent” of the first floor or any other floor above in a multistoryed building, the value of the land is to be taken into consideration as it is so done in case of ground floor or other type of building.
Explanation:— For the purpose of this clause, cost of construction shall mean the estimated cost required for the construction of the house less depreciation at one per cent for a building with pucca structure and two per cent for a building with non-pucca structure per annum of that amount from the actual date of completion of construction of the house provided that if the house was originally constructed as a smaller house or a non-pucca structure and was subsequently extended or developed into a pucca structure, the depreciation in respect of the portion so extended or developed shall be calculated from the date of completion of the extension or development.
(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;
(g) “Urban area” means any area declared to be, or included in, a municipality under the provisions of sub-section (2) of Section 5 of the Assam Municipal Act, 1956 or declared to be a notified area under the provisions of Sub-Section (4) of Section 334 of the said Act. (Assam Act XV of 1957)
Fair rent
3. (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.
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