S.1 Short title and extent

       (1) This Act may be called the West Bengal Government Premises (Tenancy Regulation) Act, 1976.
       
       (2) It extends to the whole of West Bengal.
       

S.2 Definitions

       In this Act, unless the context otherwise requires,
       11. Clause (la) ins. by W.B, Act 30 of 1985. (1a) "Appellate Authority" means any authority, superior in rank to Assent of President of India was published in the Calcutta Gazette, Extraordinary, dated the 1st April, 1976. 22. Words, figures, letter and brackets ins. by W.B. Act 35 of 1997. [the third proviso to clause (a) of sub-section (3) of section 3 and] sub-section (2) of section 6C, and includes different such authorities for different local areas;
       
       (a) "Government premises" means any premises which is owned by the State Government or by a Government undertaking but does not include the official residence of any person authorised to occupy and premises in consideration of the office which he holds under the State Government or a Gov

S.3 Termination of tenancy

       (1) Every tenancy held by a tenant in respect of a Government premises shall stand terminated upon the expiry of the period" referred to in a notice to quit served upon such tenant in the prescribed manner.
       
       (2) A tenancy in respect of a Government premises shall stand automatically terminated without any notice to quit where the tenant has,
       
       (i) violated the terms of the lease, or
       33. Clause (la) first Ins. by W.B. Act 8 of 1980. Thereafter the present clause |ia) subs. by W. B. Act 46 of 1980. Previous clause (ia) was as under:- "(ia) subsequently built a house of his own, or". (ia) subsequently built a house or acquired (by purchase, gift, inheritance, lease, exchange or otherwise) a house or an ap

S.3(a) Tenancy to be void if held by a tenant owning a house or apartment on the date of allotment of a Government premises

       Sec. 3A Ins. by W.B. Act 46 of 1980. A tenancy in respect of a Government premises shall be deemed to be void where on the date of allotment of such Government premises the tenant is, or had been, the owner of a house or an apartment, either in his own name or in the name of any member of his family, within a reasonable distance from such Government premises.

S.4 Restoration of possession

       (1) Upon termination of a tenancy under any of the provisions of section 3 77. Words, figure and letter ins. by W.B. Act 46 of 1980. [or upon a tenancy being void under section 3A], the tenant shall forthwith restore vacant possession of the premises occupied by him in favour of the prescribed authority.
       
       (2) If the tenant fails to restore possession of the premises under subsection (1), the prescribed authority or any officer authorised by him in this behalf may take such steps or use force as may be necessary to take possession of the premises and may also enter into such premises for the aforesaid purpose.
       

S.5 Penalty for unauthorised subletting

       If any tenant sublets or inducts any peson in the premises occupied by him or in any part of it, in violation of the terms of lease governing his tenancy the tenant as well as the person in unauthorised occupation of the premises shall be liable on conviction to imprisonment for a term which may extend to six months or to fine which may extend to one thousand rupees or to both.

S.6 Penalty for failure to deposit rent in time

       If by virtue of a tripartite agreement an employer is authorised to collect the rent payable by the tenant who is the employee of such employer and deposit the same in favour of the State Government or the Government undertaking, as the case may be, then for failure on the part of the employer to make such deposit within the time agreed upon, the employer or in case the employer is a company or other body corporate or an association of persons (whether incorporated or not), every director, manager, secretary, agent or other officer or persons concerned with the management thereof shall, unless he proves that the offcence was committed without his knowledge or consent, be liable on conviction to a fine which may extend to five thousand rupees and in case of a continuing offence, to a further fine which may extend to one hundred rupees for each day during which the offence continues.

S.6(a) Eviction of unauthorised occupants and penalty for such occupation

       88. Secs. 6A to 6D ins. by W.B. Act 30 of 1985. Where any person, not being a tenant, occupies, or remains in occupation of, any Government premises without the written order of the prescribed authority,
       (a) the prescribed authority, or any officer authorised by it is this behalf, may take such steps and use such force as may be necessary to take possession of the premises and may also enter into the premises for the said purpose; and
       
       (b) such person shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

S.6(b) Offence under the Act to be cognizable

       88. Secs. 6A to 6D ins. by W.B. Act 30 of 1985. An offence punishable under section 5 or clause (b) of section 6A shall be cognizable.

S.6(c) Payment of compensation

       88. Secs. 6A to 6D ins. by W.B. Act 30 of 1985.
       (1) Where any damage beyond normal wear and tear has been caused to any Government premises the possession of which has been taken from a tenant under the provisions of section 4, or where any damage has been caused to any Government premises the possession of which has been taken under the provisions of section 6A, such tenant or such person, as the case may be, shall be liable to pay for the repair of such damage such compensation, not exceeding the cost of repair, as may be determined, by order, by the prescribed authority, after giving the tenant or the person, as the case may be, an opportunity of being heard.
       
       (2) An appeal shall lie to the Appellate Authority against an order determining compensation under sub-section (1) within fifteen

S.6(d) Period for payment of compensation

       88. Secs. 6A to 6D ins. by W.B. Act 30 of 1985. The amount of compensation determined under section 6C by the prescribed authority or the Appellate Authority, as the case may be, shall be payable by the tenant or the person, as the case may be, liable to pay such compensation, within thirty days from the date of the order.
       

S.7 Recovery of certain claims as public demand

       Any claim for arrears of rent or for mesne profits 9[or for compensation] under this Act shall, if not duly paid, be recoverable as a public demand under the Bengal Public Demands Recovery Act, 1913.

S.8 Appointment of officers, etc. and delegation of power

       (1) The State Government or the Government undertaking may appoint such officers and employees for carrying out the purposes of this Act as the State Government or the Government undertaking may deem fit.
       
       (2) The prescribed authority may delegate, subject to such conditions as

S.9 Certain persons to be deemed to be public servants

       The prescribed authority 99. Words ins. by W.B. Act Act 30 of 1985. [, the Appellate Authority] and the officers and other employees authorised to carry out any of the purposes of this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

S.10 Indemnity

       No suit, prosecution or other legal proceeding whatsoever shall lie against any person for anything in good faith done or intended to be done under this Act.

S.11 Power to remove difficulties

       If any difficulty arises in giving effect to the provisions of this Act, the State Government may make such order or do such thing, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty.

S.12 Act to override other laws

       1010. Sec. 12 renumbered as sub-sec. (1) of that sec. and sub-sec. (2) ins. by W.B. Act 30 of 1985.
       (1) The provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force, or in any contract, express or implied, or in any custom or usage to the contrary.
       
       1010. Sec. 12 renumbered as sub-sec. (1) of that sec. and sub-sec. (2) ins. by W.B. Act 30 of 1985. (2) In particular and without prejudice to the generality of the foregoing provisions, the West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962 shall not be applicable to any premises to which this Act applies.
       

S.13 Bar to jurisdiction of civil courts

       No civil court shall have jurisdiction to decide or deal with any question which is by or under this Act required to be decided or dealt with under the provisions of this Act.

S.14 Prosecution subject to sanction of the prescribed authority

       No Court shall take cognizance of any offence under this Act except with the previous sanction of the prescribed authority, and no Court inferior to that of a Magistrate of the First Class shall try such offence.
       

S.15 Power to make rules

       (1) The State Government may make rules for carrying out the purposes of this Act.
       
       (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters which may be or are required to be prescribed.

S.16 Repeal and savings

       (1) The West Bengal Government Premises (Tenancy Regulation) Ordinance, 1976, is hereby repealed.
       
       (2) Anything done or any action taken under the West Bengal Government Premises (Tenancy Regulation) Ordinance, 1976, shall be deemed to have been validly done or taken under this Act as if this Act had commenced on the 7th day of January, 1976.