Section 2 in The Assam Urban Areas Rent Control Act, 1972
2. Definitions.
- 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 for 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 sub-tenant, a tenant who has sublet 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 percent 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 (Assam Act XI of 1969), and monthly rent shall be equal to one-twelfth of the annual payment so calculated :[Provided that in fixing the standard rent of any multi-storeyed building, the market value of the land shall be taken into consideration only once, to be apportioned in between the different floors of such building on the basis of the areas of each floor :Provided further that in fixing the standard rent of each floor or any part thereof of such multistoreyed building, the estimated cost of construction of such floor or any part thereof, as the case may be and the proportionate market value of the land calculated in the manner stated herein before, shall be taken into consideration.] [Substituted by the Assam Act No. 15 of 1987]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, ["the Guwahati Municipal Corporation as notified under the provision of Section 42 of the Guwahati Municipal Corporation Act, 1969 (Assam Act I of 1973), or"] [Inserted by the Assam Act No. XVI of 1987] a municipality under the provisions of sub-section (2) of Section 5 of the Assam Municipal Act, 1956 (Assam Act XV of 1957), or declared to be a notified area under the provisions of sub-section (4) of Section 334 of the said Act.
