Section 5A in The Assam Urban Areas Rent Control Act, 1972
5A. [ Special provision for recovery of possession of house to members of Armed Forces of the Union or a member of the family of a deceased member of such Forces. [Inserted section 5A by the Assam Act No. XV of 1987 (with effect from 14.8.1987)]
- Notwithstanding anything contained in this Act-(a)a landlord, who is a member of the Armed Forces of the Union or who is as such member duly retired (which term shall include premature retirement), shall be entitled to recover possession of any house belonging to him or any member of his family on the ground that the house is bonafide required by him for his own use and occupation or for the use and occupation of any member of his family and the Court shall pass a decree for eviction on such ground, if the landlord at the hearing of the suit produces a certificate signed by the Head of his Service or his Commanding Officer to the effect that-(i)he is presently a member of the Armed Forces of the Union or he was as such member and is now a retired ex-serviceman;(ii)he does not possess any other suitable house in the local area where he or any of the members of his family can reside.(b)where a member of the Armed Forces of the Union dies while in service or dies after his retirement, his widow, who is or becomes a landlord of any house which is bonafide required by her for use and occupation by herself or any member of her family, the Court shall pass a decree for eviction on such ground, if such widow, at the hearing of the suit, produces a certificate, signed by the Areas or Sub-area Commander within whose jurisdiction the house is situated to the effect that-(i)she is widow of a deceased member of the Armed Forces as aforesaid;(ii)she does not possess any other suitable house in the local area where she or any of the members of her family may resides.Explanation - (1) For the purpose of clause (a) of this Section, the expression "the Head of his Service" in the case of members retired from the Indian Army includes the Area Commander, in the case of members retired from the Indian Navy includes the Flag Officer, Commanding-in-Chief, Naval Command and in the caseof the member retired from the Indian Air Forces includes the Station Commander.(2)For the purpose of this Section any certificate granted thereunder shall be conclusive evidence of the facts stated therein.]
