Assam Tenancy Act 2021-Assam becomes India’s first state to enact Assam Tenancy Act 2021

Assam Govt Introduces Assam Tenancy Bill 2021

The Assam Tenancy Bill, 2021, introduced by Pijush Hazarika, Parliamentary Affairs Minister on behalf of the Ashok Singhal, Housing and Urban Development Minister, seeks to ensure that there will be no artificial cap for premise rent fixing.

The Assam Tenancy Act 2021 aims to protect the rights of Landlords & Tenants of the state and the act will establish a regulatory authority for providing a speedy resolution of disputes occure between the Landlords & Tenants.

As of the rent shall be market driven and as determined by a mutual agreement between the tenant and the landlord.

Assam becomes India’s first state to enact Assam Tenancy Act 2021 

"The agreement between the landlord and the tenant shall be the main premise of the Assam Tenancy Bill, 2021, which shall be binding on both the landlord and the tenant," the statement of Objects and Reasons of the Bill said.

Procedure for redressing landlord-tenant disputes has been simplified and made faster by setting up a Rent Authority, Rent Court and Rent Appellate at the district level through the Bill.

The eviction of tenants in cases of non-payment of rent or non-fulfilment of conditions of agreement has also been simplified to eliminate fear of the landlord losing rights to his property.

The Bill also clearly specifies duties and obligations of each party on maintenance and upkeep of the premise.

The provisions of the Bill will, however, not apply to certain premises, including those owned or promoted by the government, religious or charitable organisations, and Waqf authorities.

The new Bill has been formulated on the basis of a Model Tenancy Act which was approved by the Union Cabinet on June 2, 2021, for adoption across all states and Union Territories.

With the enactment of this new Bill, the Assam Urban Areas Rent Control Act, 1972, will stand repealed.

There will be no financial burden on the state exchequer on account of the Bill.

What is the Model Tenancy Act?

The Assembly had on August 9 introduced the Assam Tenancy Bill, 2021, to replace the Assam Urban Areas Rent Control Act of 1972. The tabling of the Bill followed an August 6 Cabinet decision to do away with a rule for people to seek the government’s permission for the sale and purchase of flats in Assam.

What is the new Act based on?

The new law was drafted on the basis of the Model Tenancy Act the Central Cabinet had on June 2 approved for adoption and enactment across all States and Union Territories. The approval of the Act came more than six years after it was mooted.

Housing and Urban Affairs Minister Hardeep Singh Puri had then said the government expected the BJP-ruled States to roll out the Act for opening up a large number of residential and commercial properties for rental purposes as the “legal framework will eliminate the fear of owners losing their properties”. He also hoped the other States would follow suit as the Act “benefits the common man”.

How has the Act been viewed?

The BJP has termed it a landmark piece of law. The Opposition parties in Assam, specifically the Congress and the All India United Democratic Front, have chosen to “study the clauses in details” before reacting. However, people have taken to social media expressing concern about the law being tilted in favour of landlords, although there are provisions barring the landlord from cutting off essential supply to the premises occupied by a tenant and not evicting the latter during the continuance of the tenancy agreement unless otherwise agreed to in writing by both the parties.

The main area of concern is the set of responsibilities prescribed for tenants to look after the rented premises. These include cleaning of drains, kitchen fixture repairs, replacement of glass panels on doors and windows, and maintenance of gardens and open spaces. The responsibilities of a landlord include structural repairs except those necessitated due to damage by a tenant, whitewashing of walls, plumbing repairs and maintenance of internal and external wiring when necessary.

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