MIZORAM URBAN AREAS RENT
CONTROL ACT, 1974 THE MIZORAM URBAN AREAS RENT CONTROL ACT,
1974 [1] [Act No. 09 of 1974] An Act to fix fair rents of houses situated within the local
limits of urban areas in Mizoram and for matters connected therewith. Be it
enacted by the Legislative Assembly of Mizoram in the Twenty-fifth Year of the
Republic of India as follows:- 1)
This Act may be called the Mizoram Urban
Areas Rent Control Act, 1974. 2)
a) It shall extend to all urban areas
declared as such by the Administrator. b) ????Nothing in
this Act shall apply to any premises belonging to Central Government. 3)
It shall be deemed to have come into force on
such date as may be notified by the Administrator in the Official Gazette of
Mizoram. 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 or tenements is situated which
would be competent to pass a decree for the eviction of a tenant from such
house or tenements; b)
"House" means any building, hut or
shed, or any part thereof, let out or to be let out 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 land-lord for use by tenant in such houses; c)
"Land-lord" 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, 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 land-lord; d)
"Pucca Structure" means a structure
with- i)
Cemented or wooden floor, ii)
Iron, brick or concrete, or wooden posts, iii)
Roof of reinforced concrete, or of galvanised
iron, aluminium or asbestos sheets, and iv)
Walls of A.C. sheets, wooden planks, G.C.I.
sheet, cement concrete, stone or bricks. e)
"Standard Rent" in relation to any
house or tenements means the rent calculated on the basis of annual payment of
an amount equal to twelve percent of the aggregate amount of the estimated cost
of construction and the market price of the land together with the total taxes
payable in respect of the house, and monthly rent shall be equal to one-twelfth
of the annual payment so calculated. Provided
that in fixing the "Standard Rent" of the first floor or any other
above in a multi-storeyed building the value of the land is to be taken into
consideration as it is so done in case of ground floor or other types of
buildings. 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 two
percent 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 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 the town areas
declared as such by the Administrator. h)
"Administrator" means the
Administrator of the Union territory of Mizoram appointed by the President
under Article 239 of the Constitution. 1)
Subject to the provision 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. 2)
If at any time after the standard rent is
fixed under the provisions of the Act, by 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 an amount not exceeding one-twelfth of twelve percent per annum of
the cost of such addition, improvement or alteration with effect from the date
on which the addition, improvement or alteration was completed. 3)
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
fifteen percent 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 increase by an amount not exceeding one
twelfth of the twelve percent of the increase in the market price of the 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 percent of the
preceding standard rent: Provided
that subsequently after lapse of every five years of the revision of fair rent,
if the market price of land and the estimated cost of construction of house
increases by more than fifteen percent 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 percent
of the additional estimated 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 percent of the revised fair rent. 1)
If any dispute arises regarding the rent
payable in respect of any house, it shall be determined 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 accordance with the provisions of section 3 and the rent so determined shall
be binding on both the parties. 3)
Where the court determines the monthly rent
for any house under this section, it shall do so for the house in the
unfurnished state, but it may allow the landlord 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 ten percent 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 terms of any agreement
by the landlord and the tenant, the rent is payable on a basis other than at a
monthly or a yearly rate, the average monthly rent for such a house shall be
calculated as thirty times the proportionate daily rent for the period in
respect of which the arrangement is made. 1)
No order or decree for the recovery of
possession of any house shall be made or executed by any court so long as the
tenant pays rent to the full extent allowable under this Act and performs the
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 been guilty of conduct
which is a nuisance or an annoyance to the occupier of the adjoining or
neighbouring houses; b)
Where the house is bonafide required by the
landlord either for the purposes of repairs or re-building or for his own
occupation or for the occupation of his family members or of any persons 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 c)
Where the tenant sublets the house or any
part thereof or otherwise transfers his interest in the house or any part
thereof without permission in writing from the landlord; or d)
Where the tenant has not paid the rent
lawfully due from him in respect of the house or tenement within a fortnight of
its falling due; or e)
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 effect 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 bonafide required by him
for the purpose of repairs or rebuilding or for his own occupation or for the
occupation of his family members or 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 30 (thirty) 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 evicted
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 compensation as appears to the court to be
reasonable and proper. Such a direction shall be deemed to be a decree under
the Code of Civil Procedure (Central Act V of 1908) and to be capable of
execution as such under the provisions of the Code as applicable to the Union
territory of Mizoram. 4)
Where the landlord refuses to accept the
lawful rent offered by his tenant, the tenant may within 15 days of its
becoming 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 to be served on the landlord and the amount of the
deposit may thereafter be withdraw by the landlord on the application made by
him to the court in that behalf A tenant who has made such deposit shall not be
treated as a defaulter under clause (d) of the proviso to sub-section (1) of
this section. Every
landlord shall be bound to keep wind proof and water proof any house which is
in occupation of a tenant and to carry out other repairs which he is bound to
make by law, contract or custom and also to maintain the existing essential
supplies and services such as sanitary arrangement, water supply, supply of
electricity or drainage service in respect of the house. Explanation:
"Repairs" include annual white washing and recolouring. 1)
If the landlord neglects to make such repairs
or to maintain such existing essential supplies and services as he is bound to
do under the provisions of section 6, the court may, on the application of the
tenant, direct the landlord by notice to appear before it and to show cause
against the application of the tenant. 2)
If the landlord fails to show sufficient
cause, the court may direct him to make such repairs or as the case may be, to
take such measures for the restoration of the essential supplies and services
as contemplated in section 6 within a period fixed by the court. 3)
If the landlord fails or neglects to make
such repairs or to take such measures within the period fixed by the court, the
court may on application of the tenant permit him to make such repairs or take
such measures, as the case may be, at a cost not exceeding the amount
determined by the court after taking such evidence as it may consider
necessary; an it shall thereafter be lawful for the tenant to make such repairs
or take such measures and to deduct the cost thereof from the rent or to
recover the amount from the landlord through the court by execution, and for
the purpose of this sub-section the order of the court shall be deemed to be a
decree under the Code of Civil Procedure (Central Act V of 1908) and be capable
of execution as such under the provisions of that Code as applicable to the
Union Territory of Mizoram. A
landlord or a tenant aggrieved by any decision or order of the court under the
provisions of section 4, sub-section (3) and (4) of section 5 and sub-section
(2) of section 7 of this Act shall have a right of appeal against the same as
if such decision or order were decree in a suit for ejectment of the tenant
from the house and such decision of the appellate court shall be final. 1)
The Administrator may, by notification in the
Official Gazette, make rules prescribing the court fees to be paid on
applications made to the court under the provisions of this Act and also for
the purpose of the carrying out of the provisions of this Act. 2)
Every rule made under this section shall be
laid, as soon as may be after it is made, before the Legislative Assembly of
Mizoram while it is in session for a total period of seven days which may be
comprised in one session or in two successive sessions, and if, before the
expiry of the session in which it is so laid or the sessions immediately
following, the Legislative Assembly of Mizoram makes any modification in the
rule, or the Legislative Assembly of Mizoram decides that the rules should not
be made, the rule shall thereafter have effect only in such modified form or be
of no effect, as the case may be; so, however, that any such modification or annulment
shall be without prejudice to the validity of anything previously done under
the rule. Anything
done or any action taken following the principles of the Assam Urban Areas Rent
Control Act, 1966, in so far as it is not inconsistent with the provisions of
this Act be deemed to have been done or taken under this Act. [1] Notified vide No. LJD.85/73/Pt Dated 27.11.1974 and
published in the Mizoram Gazette Extra-Ordinary Vol-III, Issue No. 27, Dated 26.11.1974,
pages 1-8.
Preamble - MIZORAM URBAN AREAS RENT CONTROL
ACT, 1974PREAMBLE