Amendment status not verified — confirm the current text below against the official source.
(1) Subject to the provisions of this Act and notwithstanding any contract to the contrary, no landlord shall be entitleci 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 45 increased by an amount not exceeding one-twelfth of the seven and half per cent of the increase in the market price of land and cost of construction, on the date of preceding fixation of fair rent from the date as may be prescribed subject to a maximum of fifty per cent of the preceding standard rent: » Provided that subsequently after lapse of every fi.e years of the revision of fair rent, ir the market price of land and the estimated cost of cons truction of house increases by more than twenty-five per cent on the basis of market value of land and the estimated cost of construction of house on the date of preceding revision 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 additional increase in the market value of land and the esti mated cost of construction of house on the date of preceding revision of fair rent, from the date as may be prescribed subject to a maximum of fifty per cent of the revised fair rent. (3) If at any time after the standard rent is fixed under the provisions of the Act, any addition, improvement or alteration (not being repairs within the meaning of the provisions of Section 6) is effected at the landlord’s expense which was not taken into consideration in fixing the standard rent, then the landlord shall be entitled to have the monthly rent increased by ar. amount not exceeding one-twelfth of seven and half per cent per annum of the cost of such addition, improvement or alteration with effect from the date on which the addition, improvement or altera tion v.as completed. (4) If at any time after the standard rent is fixed under the provision of the Act, there is a variation of tax by way of Municipal assessment of the building and under the Assam Urban Immovable Property Tax Act, 1569, then the standard rent will be . A liable to be fixed taking the variation into account. x/of^iseth Procedure 4 (1) If a n y dispute arises regarding the rent ruination1 Cof Pa Ya hle in respect of any house, it shall be determined fair rent. 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 accor dance with the provisions of Section 3 and the rent so determined shall be binding on both the parties. 46 (3) Where the Court determines the monthly rent for any house under this Section, it shall do so for the house in the unfurnished stite, but it may allow the Jandloid 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. Explanation.—Where according to the term of any arrangement by the landlord and the tenant, the rent is payable on a basis other than at a monthly or a } early rate, the average monthly rent for such a house shall be calculated as i thirty times the proportionate daily rent for the period in respect of which the arrangement is made. Bar against 5- (1) No order or decree for the recovery of posses- passing and sion of any house shall be made or executed by any execution of Co u r t So long as the tenant pays rent to the full extent orders ^or allowable under this Act and performs the ejection. 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 clause (m), clause (o) or clause (p) of Section 108 of the Transfer of Central Act Property Act, 1-882 or to the spirit of the 4 o f 1882- aforesaid clause in areas where the said Act does not apply, or t (b) where the tenant has been guilty of conduct which is a nuisance or an annoyance to the occupiers of the adjoining or neighbouring bouses, or 'c) where the house is bonafide_ required by the landlord either for purposes of repairs or re building, or for his own occupation or for the occupation of any person for whose benefit the house is held, or where the landlord can show any other cause which may be deemed satisfactory by the Court, or fd) where the tenant sublets the house or any part thereof or otherwise transfers his interest in the house or any part thereof withou permission in writing from the landlord, or 47 (e) where the tenant has not paid the rent law fully due from him in respect of the house within a fortnight of its falling due, or (f) where the tenant has built, acquired or been allotted a suitable residence. (2) The transfer of the interest of the landlord in the house shall not affect the right of the tenant provided the tenant pays rent allowable under this Act to the transferee. (3) Where the landlord recovers possession of a house from a tenant on the ground that the house is banafide required by him for purpose of repairs or rebuilding or for his own occupation or for the occupation of any person for whose benefit the house is held, and the repairs or the rebuilding of the house is not commenced or the house is not occupied by the landlord or such person within fifteen days of the date of vacation of the house by such tenant or the house having been so occupied is within six months of the said date re-let to or allowed to be possessed by any other person, the Court may, on the application of the ev:cted tenant made within seven months of his vacating the house, direct the landlord to put the evicted tenant in possession of the house within such period as the Court may fix and to pay him such com pensation as appears to the Court to be reasonable and proper. Such a direction shall be deemed to c c n 1 ra] Act be a decree under the Code of Civil Procedure, 5 0( 1908. 1908 and to be capable of - executi< n as such under the provisions of that Code. (4) Where the landlord refuses to accept the lawful rent offered by his tenant, the tenant may. within a fortnight of its bee ming due, deposit in Court,the amount of such rent together with process fees for service of notice upon the landlord, and on receiving such deposit, the Court shall cause a notice of the receipt of such deposit to be served on the land ord, and the amount of the deposit may there Iter be withdrawn by the landlord cn appli cation made bv him to the Court in that behalf. A ten nt who hrs made such deposit shall not be treated as a defaulter under clause (e) of the provise to sub-section (1) of this section. - 48 Duties of