WEST BENGAL PREMISES TENANCY ACT, 1997
(1) This Act may be called the West Bengal Premises Tenancy Act, 1997.
(2) It shall come into force on such date** as the State Government may, by notification, appoint.
(3) It extends to the areas included within the limits of the Kolkata Municipal Corporation and the Howrah Municipal Corporation and to the municipal areas within the meaning of the West Bengal Municipal Act, 1993 (West Ben. Act XXII of 1993) :
Provided that the State Government may, by notification, extend this Act or any provision thereof to any other area specified in the notification, or may, by notification, exclude any area from the operation of this Act or any provision thereof.
** 10th July, 2001 vide Notification No. 3052-L. Ref. dated 9th July 2001.
The West Bengal Premises Tenancy Act, 1997 is a legislative enactment designed to regulate certain incidents of tenancy of premises in Calcutta, Howrah, and other specified areas in West Bengal. Section 1 of this Act deals with the preliminary matters including the title, extent, and commencement of the legislation. As the introductory provision, Section 1 establishes the foundational framework upon which the entire Act operates.
Section 1 of the West Bengal Premises Tenancy Act, 1997 provides that:
Note: The specific text of Section 1 is not available in the provided sources, but the standard format of such introductory sections typically includes these elements.
Based on the available sources, the essential ingredients of Section 1 include:
The scope of Section 1 extends to determining:
Note: Specific punishments are not prescribed in Section 1 as it is an introductory provision.
Short Title and Commencement - Section 1 establishes the Act as the "West Bengal Premises Tenancy Act, 1997" and specifies its commencement date, though the Act does not contain a saving clause similar to other 1997 enactments regarding actions taken before its operation. [Source: Thatikonda Venkateswarlu VS Inspector of Police, Vigilence Cell, Civil supplies Department, Warangal - 2000 0 Supreme(AP) 86]
Territorial Application - The Act applies to premises in Calcutta, Howrah, and other areas as notified, creating a defined geographical scope for tenancy regulation. [Source: ]
Regulatory Purpose - The Act aims to provide for the regulation of certain incidents of tenancy, establishing a comprehensive framework for landlord-tenant relationships in West Bengal. [Source: ]
Legislative Intent - Unlike some other state tenancy Acts that have specific exclusionary provisions (e.g., Section 1(4) of Karnataka Hindu Religious Institutions Act), the West Bengal Act does not contain analogous exemptions for religious institutions or mutts. [Source: Ramachnadrapura Math VS Samsthana Mahabaleshwara Devaru - 2021 0 Supreme(SC) 293]
Procedural Foundation - Section 1 provides the foundational basis for subsequent substantive provisions, particularly Section 6 (grounds for eviction) and Section 7 (deposit of rent and protection against eviction). [Source: Luna Sil VS Nararyan Chandra Ghosh - 2022 0 Supreme(Cal) 1382]
Retrospective Operation - Unlike the Andhra Pradesh Water Tax Amendment Act, 1997 where retrospective operation was challenged as unconstitutional, the West Bengal Premises Tenancy Act, 1997 operates prospectively from its commencement. [Source: Yembandl Jiyyanna VS State OF A. P. , Revenue (LR) Department - 2001 0 Supreme(AP) 1358]
Mandatory Compliance - The Act, from its very commencement, imposes mandatory obligations on tenants regarding rent deposit, with Section 7(1) requiring payment within one month of service of summons. [Source: Sova Shaw VS Partha Santra - 2025 0 Supreme(Cal) 112]
Protection Framework - The Act provides statutory protection to tenants against eviction, but such protection is conditional upon compliance with provisions like Section 7 regarding rent deposit. [Source: Central Kalyani Children Home School VS Samir Kumar Saha - 2022 0 Supreme(Cal) 1380]
Binding Nature - The provisions of the Act, including those flowing from Section 1, are binding on all courts, and the High Court must adhere to interpretations under Article 141 of the Constitution. [Source: Binika Thapa (nee Rai) VS Damber Kumari Mukhia - 2023 0 Supreme(Cal) 1653]
Exclusion of Limitation Act - The applicability of the Limitation Act, 1963 is subject to the provisions of the West Bengal Premises Tenancy Act, meaning Section 5 of the Limitation Act cannot apply to condone delays under Section 7. [Source: Binika Thapa (nee Rai) VS Damber Kumari Mukhia - 2023 0 Supreme(Cal) 1653]
Distinction from Previous Acts - The 1997 Act replaced earlier tenancy legislation (West Bengal Premises Tenancy Act, 1956) and extended to areas like Memari. [Source: ]
Eviction Grounds - From its commencement, the Act prescribes specific grounds under Section 6(1)(a) to (j) upon which a tenant can be evicted, including reasonable requirement, default in rent, and unauthorized construction. [Source: Hiralal Shaw VS Bharati Manna - 2020 0 Supreme(Cal) 174]
Tenant's Obligations - The Act places obligations on tenants not to make permanent alterations without landlord's consent, with violations justifying eviction under Section 6(1)(f). [Source: Santi Moyee Manna VS Swapan Chatterjee - 2023 0 Supreme(Cal) 1612]
Landlord's Rights - The Act recognizes the landlord's right to seek eviction on grounds of bona fide reasonable requirement, with courts assessing the totality of circumstances. [Source: Somnath Dhar VS Manibi Dey - 2019 0 Supreme(Cal) 477]
Admission Requirements - For a tenant to claim protection, any admission of arrears must be clear and unambiguous; vague admissions do not relieve the burden of proof. [Source: Sova Shaw VS Partha Santra - 2025 0 Supreme(Cal) 112]
Time Limits - The Act mandates strict adherence to time limits for rent deposit, with no power for courts to extend time beyond what is provided in Section 7(2). [Source: Ashok Kumar Parmar @ Sri Ashok Parmer VS Samar Ray - 2022 0 Supreme(Cal) 1297]
Consequences of Non-Compliance - Failure to comply with Section 7(1) and (2) results in the striking out of the tenant's defence against delivery of possession under Section 7(3). [Source: Luna Sil VS Nararyan Chandra Ghosh - 2022 0 Supreme(Cal) 1382]
Maintainability of Suit - The Act requires that the maintainability of an eviction suit be decided first; if the defendant can establish tenancy, the suit fails unless grounds under Section 6 are proved. [Source: Jugal Kisor Das Naskar VS Dilip Das - 2023 0 Supreme(Cal) 369]
Amendment Provisions - The Act allows for amendments to pleadings where necessary to determine the real dispute between parties, subject to payment of costs. [Source: Rina Mukherjee VS Sanat Chandra Datta - 2024 0 Supreme(Cal) 341]
Combined Purpose Tenancy - The explanation to Section 6(1)(j) does not apply to tenancies created for combined purpose of residence and profession; it only protects tenancies created purely for non-residential purposes. [Source: Niladri Sekhar Dutta VS Maitrayee Dutta - 2016 0 Supreme(Cal) 917]
In this Act, unless there is anything repugnant in the subject or context,-
(a) "Controller" means a Controller appointed under sub-section (1) of section 38, and includes an Additional Controller or Deputy Controller appointed under sub-section (2) of that section;
(b) "fair rent" means the rent fixed under section 17;
(c) "landlord" includes any person who, for the time being, is receiving, or is entitled to receive, the rent for any premises, whether on his own account or on account of, or on behalf of, or for the benefit of, any other person or as a trustee, guardian or receiver for any other person or who would so receive the rent or be entitled to receive the rent, if the premises were let to a tenant;
(d) "notification" means a notification p
Nothing contained in this Act shall apply to-
(a) any premises owned by-
(i) the Central Government, or
(ii) any State Government, or
(iii) a Government undertaking or enterprise, or
(iv) a statutory body which is not a local authority, or
(v) a Cantonment Board constituted under the Cantonments Act, 1924 (2 of 1924), or
(vi) a local authority;
1[(aa) any premises being a wakf property exclusively for Wakf Lillah (other than Wakf ul Aulad);]
1. Clause (aa) ins. by s. 2 of the West Bengal Premises Tenancy (Amendment) Act, 2008 (W
(1) Every landlord or his authorised agent shall issue a written receipt in the prescribed form signed by him forthwith on receipt of the amount of rent and the charges relating to the maintenance of premises from the tenant.
(2) Every landlord shall be bound to keep the premises in good and tenantable condition.
(3) Every landlord shall be bound to take measures for due maintenance of essential supply or service comprised in the tenancy.
(4) No landlord shall claim, demand or receive any premium or other consideration whatsoever for giving his consent to the subletting of whole or any part of the premises held by the tenant.
(1) Every tenant shall pay rent to the landlord or his authorised agent within the prescribed period.
(2) Every tenant shall use the premises for the purpose for which it was let out to him.
(3) Every tenant shall allow the landlord of his authorised agent to enter upon the premises and inspect the condition thereof after the service of a notice on him by the landlord or his authorised agent in this behalf.
(4) No tenant shall make any addition to or alteration in the premises without the written consent of the landlord.
(5) No tenant shall sublet the premises without consent of the landlord in writing.
(6) No tenant shall, without the previous consent in writing of the landlord, transfer or assign his ri
(1) Notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract, no order or decree for the recovery of the possession of any premises shall be made 2[by the Civil Judge having jurisdiction] in favour of the landlord against the tenant, 3[except on a suit being instituted by such landlord] on one or more of the following grounds :-
2. Subs, by s. 2(1) of the West Bengal Premises Tenancy (Amendment) Act. 2005 (West Ben. Act VI of 2005) (with effect from 19.3.2005) for the words "by the Controller".
3. Subs. by s. 3(1) of the West Bengal Premises Tenancy (Amendment) Act. 2006 (West Ben. Act XII of 2006) (with effect from 1.6.2006) for the words "except on an application made to him by the landlord in the prescribed manner,".
(a) where the t
The West Bengal Premises Tenancy Act, 1997, was enacted to regulate the relationship between landlords and tenants in West Bengal, providing specific protections to tenants against eviction. Section 6 of the Act outlines the conditions under which a landlord may seek eviction of a tenant, establishing a framework that balances the rights of landlords with the protections afforded to tenants.
Section 6 provides that no order or decree for the recovery of possession of any premises shall be made by a Civil Judge in favor of the landlord against the tenant except on specific grounds outlined in the section. It includes various clauses detailing the circumstances under which eviction can be sought, such as default in payment of rent, reasonable requirement for personal use, and other specified grounds.
The scope of Section 6 is broad, covering various grounds for eviction, including:- Default in payment of rent.- Reasonable requirement for the landlord's own use.- Induction of sub-tenants without consent.- Other specified grounds that justify eviction.
While Section 6 itself does not prescribe punishment, failure to comply with its provisions can result in the dismissal of eviction suits and potential legal costs for the landlord.
This commentary provides a comprehensive overview of Section 6 of the West Bengal Premises Tenancy Act, 1997, highlighting its essential components, scope, and the legal implications of its provisions.
(1)(a) On a 3[suit] being instituted by the landlord for eviction on any of the grounds referred to in section 6, the tenant shall, subject to the provisions of sub-section (2) of this section, pay to the landlord or deposit with 4[the Civil Judge] all arrears of rent, calculated at the rate at which it was last paid and upto the end of the month previous to that in which the payment is made together with interest at the rate of ten per cent per annum.
1. Subs. by s. 2(2) of the West Bengal Premises Tenancy (Amendment) Act, 2005 (West Ben. Act VI of 2005) (with effect from 19.3.2005) for the words "the Controller".
2. Subs. by s. 3(3) of the West Bengal Premises· Tenancy (Amendment) Act, 2006 (West Ben. Act XII of 2006) (with effect from 1.6.2006) for the word "proceeding".
3. Subs. by s. 4(1)
The provisions of this Chapter or the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained elsewhere in this Act or in any other law for the time being in force.
(1) Notwithstanding anything contained elsewhere in this Act or any other law for the time being in force or in any contract to the contrary, the right to recover immediate possession of any premises let out shall accrue to the landlord who"-
(a) is a Government employee or retired Government employee,
(b) is in occupation of any residential premises allotted to him by his employer,
(c) is required by, or in pursuance of, an order made by his employer to vacate such residential accommodation or, in default. to incur certain obligations on the ground that he owns a residential accommodation either in his own name or in the name of his wife or dependent child at or near the place of posting, and
1[(d) has reasonable requirement of the premises for his
(1) Where the landlord obtains delivery of possession of any premises from the tenant in pursuance of a decree obtained under clause (c) or clause (d) of subsection (1) of section 6 and the building or rebuilding or addition or alteration is not commenced or the premises is not occupied by the landlord or any person for whose benefit, the premises is held, as the case may be, within six months of the date of vacation of the premises by such tenant, or the premises having been so occupied by the landlord or any person for whose benefit the premises is held, is re-let within five years of the date of such occupation to any person other than such tenant without the permission of the Controller obtained in the prescribed manner, the Controller may, on the application of such tenant made within nine months of his vacating the premises or, where the premises has been re-let within five years, within twelve months of such re-letting
(1) Where 1[the Civil Judge] passes a decree for the recovery of possession of any premises on the ground mentioned in clause (c) of sub-section (1) of section 6, he shall specify the period within which the building or rebuilding of, or addition to, or alteration of, such premises shall be completed and may, on the application of the landlord, extend such period from time to time for good and sufficient reasons, provided the aggregate of such periods shall not exceed two years.
(2) On the completion of building or rebuilding of, or addition to, or alteration of, such premises, the Controller may, on the application of the tenant, who has been evicted from such premises, made within three months of the date of such completion and after giving the landlord an opportunity of being heard, by order direct the landlord to deliver to such tenant possession of such premises or such part t
(1) Every tenant, who is in possession of any premises to which this Act applies, shall observe all the terms and conditions of the contract creating the tenancy and shall be entitled to the benefits thereof so far as such terms and conditions are consistent with the provisions of this Act.
(2) Notwithstanding anything in any other law for the time being in force, a tenant may give up possession of the premises on giving such notice as is required under the contract creating the tenancy. In the absence of any provision in the contract relating to notice or when there is no contract, the tenant may give up possession of the premises on giving not less than one month’s notice expiring with a month of the tenancy.
(1) Notwithstanding anything contained in any other law, a suit or proceeding by a landlord against a tenant in which recovery of possession of any premises to which this Act applies is claimed shall lie to the Courts, as set out in the Schedule IV and no other Court shall be competent to entertain or try such suit or proceeding.
(2) The provisions of the Code of Civil Procedure, 1908 (5 of 1908), shall, mutatis mutandis, apply to all suits and proceedings referred to in sub-section (1) except suits or proceedings which to the High Court at Calcutta.]
1. Section 12A ins. by s. 2 of the West Bengal Premises Tenancy (Amendment) Act. 2009 (West Ben. Act VII of 2009) (with effect from 9.6.2009).
(1)(a) No tenant shall, notwithstanding any agreement to the contrary, be liable to pay to the landlord for the occupation of any premises any amount in excess of fair rent of the premises, unless such amount is lawful increase of the fair rent in accordance with the provision of this Act.
(b) Subject to the provisions of clause (a), any agreement for payment of rent in excess of fair rent shall be construed as an agreement for the payment of fair rent only.
(2) Fair rent shall be paid within the time fixed by the contract or, in the absence of any such contract, by the fifteenth day of the next month following the month for which it is payable, provided the tenant may pay the rent payable for any month at any time during such month before it fails due.
(1) No person shall in consideration of the grant, renewal or continuance of a tenancy of any premises,(a) claim, demand or receive any sum as premium, or claim, demand or receive any consideration whatsoever, in cash or in kind in addition to rent;
(b) except with the previous permission of the Controller, claim, demand, or receive the payment of, any sum exceeding one month’s rent of such premises as rent in advance.
(2) It shall not be lawful for the tenant or any other person acting en behalf of the tenant to claim or receive any payment in consideration of the relinquishment, transfer or assignment of his tenancy, as the case may be, of any premises.
(1) No landlord shall make the purchase by any person of any furniture in any premises a condition for the grant renewal or continuance of the tenancy of such premises.
(2) No person shall publish, or cause to be published, in any newspaper or otherwise any ad advertisement-
(a) for the purchase by any person of any furniture, or
(b) for the payment of any sum exceeding one month’s rent in advance, except with the previous permission of the Controller, as a condition for the letting or any premises.
Where any sum or other consideration has been paid by or on behalf of the tenant to a landlord in contravention of any of the provisions of this Act, the Controller may, on application made to him within a period of six months from the date of such payment, by order, direct the landlord to refund such sum or the value of such consideration to the tenant or to adjust such sum or the value of such consideration against the rent payable by the tenant.
(1) The Controller shall, on application made to him either by the landlord or by the tenant in the prescribed manner, fix the fair rent in respect of any premises in accordance with the provisions of this Act.
(2) The fair rent for a year in respect of any premises constructed and let out after the year 1984, shall be fixed 1[on the basis of annual payment of an amount equal to six and three-fourth per cent per annum of the aggregate amount of the actual cost of construction and the market price of the land on the date of commencement of construction.]
1. Subs. by s. 7(1) of the West Bengal Premises Tenancy (Amendment) Act. 2002 (West Ben. Act XIV of 2002) (with retrospective effect from 10.7.2001) for the words "on the basis often per cent of cost of construction of the premises and the market value of the land at the time of commence
Section 17 of the West Bengal Premises Tenancy Act, 1997 (WBPTA) is a pivotal provision governing the fixation of fair rent in premises located in Calcutta, Howrah, and other areas in West Bengal. The section vests the Rent Controller with the authority to determine fair rent, either on the application of the landlord or the tenant, thereby providing a statutory mechanism for resolving rent disputes. The provision has been the subject of numerous judicial interpretations concerning its scope, applicability, and interplay with other sections of the Act and the Code of Civil Procedure.
Section 17(1) provides that the Rent Controller shall, on application made to him either by the landlord or by the tenant in the prescribed manner, fix the fair rent of the premises. The section lays down a standard formula for fixation of rent, taking into account the length of tenancy and other relevant circumstances. It applies to both existing and new tenancies and provides for the determination of fair rent in a structured manner.
Section 17(4) deals with tenancies subsisting for ten years or more but less than twenty years, while Section 17(4A) (inserted later) specifically addresses tenancies of twenty years or more in premises constructed before 1984 and used for commercial purposes, providing for deemed or automatic enhancement of fair rent.
The fair rent initially fixed shall be automatically increased by five per cent every three years :
Provided that the State Government may issue notification varying such rate of increase every four years from the date of commencement of this Act.
When in fixing the fair rent or revising the fair rent, the rent which was being paid at the ·time of application is-
(a) decreased by the Controller, the rent so fixed shall be payable from the month of tenancy next after the date of application, and the excess amount paid, if any, shall be recoverable by instalment or otherwise as the Controller may, by order, direct;
(b) increased by the Controller, the rent so fixed shall be payable from the month of tenancy next after the date of application, and the additional amount payable on account of the increase up to and including the month of tenancy immediately preceding the month in which the order is passed, shall be recoverable by the landlord by such instalments or otherwise as the Controller may, by order, direct.
Where a landlord intends to increase the rent of any premises, he shall give to the tenant the notice of his intention so to do in so far as such increase is permissible under this Act; the increase of rent shall be due and recoverable from the month or period of tenancy next after the expiry of thirty days from the date on which the notice is given.
(1) Where the landlord does not accept any rent tendered by the tenant within the prescribed period, the tenant shall remit the rent to the landlord by postal money order within fifteen days of such refusal.
(2) Where any tenant remits rent to the landlord by postal money order within the prescribed period and it is returned to the tenant by the postal authority as undelivered. either on account of the landlord having refused to accept the payment thereof or for any other reason, the tenant may deposit such rent with the Controller within fifteen days from the date on which it is so returned to the tenant.
(3) Where there is a bona fide doubt as, to the person or persons to whom rent is payable, the tenant may deposit such rent with the Controller in the prescribed manner.
(4) The deposit shal
(1) No rent deposited with the controller shall be considered to have been validly deposited under section 21 unless deposited within fifteen days of the time fixed by any contract in writing for payment of the rent or, in the absence of any such contract in writing, unless deposited within the last day of the month following the month for which rent was payable, provided where any rent remitted to the landlord by postal money order within the prescribed period is returned to the tenant by the postal authority as undelivered or on account of the landlord having refused to accept the rent or for any other reason, such rent may also be validly deposited within fifteen days from the date on which it is so returned to the tenant.
(2) No deposit of rent shall be considered to have been validly made for the purpose of section 22, if the tenant wilfully or negligently makes any false stat
If an application is made in the prescribed manner for the withdrawal of any deposit of rent the Controller shall, if he is satisfied that the applicant is the person entitled to receive the rent deposited, by order, direct the payment of the amount of the rent to him :
Provided that no such order for payment of any deposit of rent shall be made by the Controller without giving all persons named by the tenant in his application for deposit of rent as claiming to be entitled to the payment of such rent, an opportunity of being heard, and such order shall be without prejudice to the right of such person to receive such rent being decided by a court of competent jurisdiction.
The withdrawal of rent deposited in the prescribed manner shall not operate as an admission against the person withdrawing it of the correctness of the rent or the rate thereof, the period of default, the amount due or any other fact stated in the application of the tenant for depositing the rent under sub-section (1) of section 22, nor shall it operate as a waiver of any notice to quit given by him to the tenant.
Where there is no proceeding pending for the recovery of possession of the premises, the acceptance of rent in respect of the period of default in payment of the rent by the landlord from the tenant shall operate as a waiver of such default.
Sub-tenancies
(1) Where after the commencement of this Act, any premises is sublet, either in whole or in part, by the tenant with the previous consent in writing of the landlord. the tenant and every sub-tenant to whom the premises is sublet, shall give notice to the landlord in the prescribed manner of the creation of the sub-tenancy within one month from the date of such subletting and shall, in the prescribed manner, notify the termination of such sub-tenancy within one month of such termination.
(2) Where before the commencement of this Act, the tenant has, with or without the consent of the landlord, sublet any premises either in whole or in part, the tenant and every sub-tenant to whom the premises has been sublet, shall give notice to the landlord of such subletting in the prescribed manner 1[within two years of the commencement of this Act] and shall, in the prescribed manner, notify th
(1) No landlord, either himself or through any person purporting to act on his behalf, shall, without any prior permission of the Controller, cut off or withhold any essential supply or service enjoyed by the tenant in respect of the premises let out to him.
(2) If the landlord contravenes the provisions of subsection (1), the tenant may make an application to the Controller complaining of such contravention within six months.
(3) (a) If the Controller is satisfied that the essential supply or service was cut off or withheld by the landlord or his agent the Controller may pass an order directing the landlord to restore such supply or service immediately pending the inquiry referred to in subsection (4).
(b) Notwithstanding anything contained in clause (a), the Controller may pass an interim or
(1) Whoever contravenes any of the provisions of section 13 shall, on a complaint made to the Controller by the party aggrieved, be liable to a fine which may extend to five times the amount or the value of the consideration claimed or demanded or received in excess of the fair rent for the first occasion and, for the second or subsequent occasion, to a fine which may extend to ten times the amount of such excess.
(2) Whoever contravenes any of the provisions of section 15 shall, on the complaint made to the Controller by the party aggrieved or by the State Government, be liable to fine which may for the first occasion, extend to twice the value of the furniture and, for the second or subsequent occasion, extend to four times such value.
Whoever contravenes the provisions for restriction on subletting shall, on a complaint made to the Controller be liable to a fine which may extend to five thousand rupees.
Any tenant or landlord or any other person’ who, in contravention of the provisions of section 14, receives any sum or consideration for relinquishment of tenancy or as premium or advance rent in excess of one month’s rent, as the case may be, shall, on a complaint made to the Controller by the landlord be liable to pay fine which may extend to fifty thousand rupees.
Any landlord who-
(a) after obtaining the delivery of possession of any premises from the tenant in pursuance of a decree obtained under clause (c) of sub-section (1) of section 6, contravenes the provision of subsection (1) of section 10 by re-Letting such premises within five years of the date of obtaining the delivery of possession (hereof to any person other than such tenant without the permission or’ the Controller. or
(b) contravenes the provisions of sub-section (3) of section 10 by letting the premises, of which he was in occupation as owner thereof at the time of obtaining the delivery of possession of such premises from the tenant in pursuance of a decree, within five years from the date of obtaining such delivery of possession to any person other than the tenant from whom such delivery of possession was obtained without the pe
If the landlord refuses to deliver to the tenant a receipt for any rent paid by the tenant, the Controller shall, on application made in this behalf by the tenant within two months from the date of payment and after hearing the landlord, by order, direct the landlord to pay to the tenant; by way of damages such sum not exceeding three times the amount of rent paid by the tenant as the Controller may determine, and the cost of application, and shall issue a certificate to the tenant in respect of the rent paid.
If within thirty days from the date of receipt of the notice of deposit, the landlord complains to the Controller that the statement in the tenant’s application of the reasons and circumstances which led him to deposit the rent is untrue, the Controller, after giving the tenant an opportunity of being heard, may levy on the tenant a fine which may extend to an amount equal to two months’ rent or one thousand rupees, whichever is greater, provided he’ is satisfied that the said statement was materialy untrue, and may, by order, direct that a sum out of the fine realised, as may be determined by him, be paid to the landlord as compensation.
The Controller may, on the complaint of the tenant and after giving an opportunity to the landlord of being heard, levy on the landlord a fine which may extend to an amount equal to two months’ rent or one thousand rupees, whichever is greater, if he is satisfied that the landlord, without any reasonable cause, refused to accept the rent though tendered to him within the prescribed period and may, by order, direct that a sum out of the fine realised, as may be determined by him, be paid to the tenant as compensation.
(1) If the landlord neglects or fails to make tenantable repair of the premises or to take measures for due maintenance of essential supply or service comprised in the tenancy, the Controller shall, on application made to him by the tenant in possession of the premises, cause a notice to be served in the prescribed manner on the landlord requiring him to make such repair or take such measures for due maintenance therein of the essential supply or service.
(2) If after the service of notice under sub-section (1), the landlord fails to .show proper cause or neglects to make such repair or to take, within reasonable time, such measures, as the case may be, the tenant may submit to the Controller an estimate of the cost of such repair or measures with application for permission to make such repair or take such measures himself, and thereupon the Controller may, after giving the landlor
(1) If the necessity for making any repair or taking any measure referred to in section 35 is so urgent that any delay is likely to subject the tenant to personal loss, damage or serious inconvenience, then, notwithstanding anything contained in that section, the tenant may himself cause the notice to be served in the prescribed manner on the landlord requiring him to undertake such repair or take such measures within seventy-two hours of the service of such notice.
(2) If the landlord neglects or fails to make such repair or take such measures within seventy-two hours as aforesaid, the tenant may submit an application along with a copy of the notice and an estimate of cost of such repair or measures to the Controller. The Controller shall thereupon make such inquiries as he may consider necessary about the necessity of such repair or measures and the correctness of the estimate so
If any landlord refuses or withholds his consent for obtaining a separate electric connection to a tenant. the tenant desiring to get such supply from a licensee as defined in clause (h) of section 2 of the Indian Electricity Act, 1910 (9 of 1910), may apply to the Controller setting out the scheme for such supply.
(2) On receipt of such application, the Controller may, after giving the landlord and the owner of the premises if he be not the landlord, an opportunity - of being heard, give permission to the tenant to get the supply in accordance with the scheme set-out in the application or any modified scheme.
(3) On such permission being given, the landlord or the owner, as the case may be, shall, notwithstanding anything contained in any other law for the time being in force, be deemed to have given the requisite consent under sub-sect
(1) The State Government may, by notification, appoint a person to be the Controller for any area or part of any area to which this Act extends to exercise the powers and discharge the duties of the Controller in accordance with the provisions of this Act in such area or part.
(2) The State Government may also, by notification, appoint any person to be an Additional Controller or a Deputy Controller or a Registrar or a Deputy Registrar for any area to which this Act extends.
(3) An Additional Controller or a Deputy Controller shall exercise such of the functions of the Controller as may, subject to the control of the State Government, be assigned to him in writing by the Controller and in the discharge of these functions an Additional Controller or a Deputy Controller shall have, and shall exercise, the same powers and shall discharge th
(1) The Controller may transfer any proceeding pending before him for disposal to any Additional Controller or Deputy Controller or withdraw any proceeding pending before any Additional Controller or Deputy Controller and dispose of such proceeding himself or transfer such proceeding for disposal to any other Additional Controller or Deputy Controller.
(2) The Controller shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), for the purposes of-
(a) a summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring, the discovery and production of document;
(c) issuing commission for examination of witness;
(d) issuing co
Section 39 of the West Bengal Premises Tenancy Act, 1997 (WBPT Act) is a pivotal provision that delineates the powers of the Controller (Rent Controller). It serves as the functional backbone of the Act, conferring upon the Controller the authority to manage proceedings, issue orders, and exercise powers akin to a Civil Court for the adjudication of tenancy disputes. The section has been the subject of numerous judicial interpretations concerning the scope of the Controller's powers, the maintainability of challenges to his orders, and the relationship between the Controller's orders and the ordinary civil courts.
Section 39 empowers the Controller to, after giving at least 24 hours' written notice:- Enter and inspect premises or authorize subordinate officers to do so;- Transfer any proceeding pending before him for disposal to any Additional Controller or Deputy Controller;- Issue commissions for local investigation or for examination of witnesses;- Pass orders of temporary injunction in accordance with Order 39, Rules 1 and 2 of the Code of Civil Procedure, 1908;- Exercise the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, for purposes including issuing commissions.
The section also provides that proceedings under Section 39 relate to fixation of fair rent and include applications for execution and other proceedings the Controller is empowered to decide under Sections 35, 36, 37, or other sections, but exclude suits or proceedings under Sections 6, 7, 9, or 11 of the Act.
The scope of Section 39 is broad and encompasses:- All proceedings relating to fixation of fair rent;- Execution proceedings and other proceedings the Controller can decide under Sections 35–37 and other sections;- Temporary injunctions (Section 39(6));- Local investigations and commissions for examination of witnesses;- Transfer of proceedings to subordinate Controllers;- The power to correct clerical or arithmetical mistakes in orders.
However, it excludes suits under Sections 6, 7, 9, or 11 (eviction, rent enhancement, etc.), which are governed by separate procedural provisions.
The Act does not prescribe a specific punishment for contravention of Section 39 per se. However, the Act provides for fines (up to five rupees) for contravention of provisions regarding restriction on subletting (Section 39 read with the relevant provisions). The Controller also has the power to correct mistakes and set aside ex parte orders.
Subject to the provisions of this Act relating to limitation, the provisions of the Limitation Act, 1963 (36 of 1963), shall apply to proceedings and appeals under this Act.
Title: Legal Comments on Section 40 of the West Bengal Premises Tenancy Act, 1997
Introduction - Section 40 of the West Bengal Premises Tenancy Act, 1997 (WBPT Act) is a savings and applicability clause that ensures the Limitation Act, 1963 governs time-bound proceedings and appeals under the Act, subject to any specific limitation provisions within the Act itself. [Source: Bahadur Singh Kathotia VS Purabi Basu - 2023 0 Supreme(Cal) 277, Ram Kumar Sinhal vs State of West Bengal - 2025 0 Supreme(Cal) 286]
What does Section Says - Section 40 provides: "Subject to the provisions of this Act relating to limitation the provisions of the Limitation Act 1963 (36 of 1963) shall apply to proceedings and appeals under this Act." This means the general limitation periods for filing appeals and proceedings are borrowed from the Limitation Act, 1963, unless the WBPT Act specifically modifies or excludes them. [Source: Bahadur Singh Kathotia VS Purabi Basu - 2023 0 Supreme(Cal) 277, Ram Kumar Sinhal vs State of West Bengal - 2025 0 Supreme(Cal) 286, ]
Essential ingredients - The essential ingredients are: (a) the Limitation Act, 1963 is the default governing law for limitation; (b) this applies to both "proceedings" and "appeals" under the WBPT Act; (c) subject to any special limitation provisions contained within the WBPT Act itself; and (d) the clause operates as a savings provision preserving the right to apply limitation where the Act is silent. [Source: Bahadur Singh Kathotia VS Purabi Basu - 2023 0 Supreme(Cal) 277, Ram Kumar Sinhal vs State of West Bengal - 2025 0 Supreme(Cal) 286]
Scope of Section - The scope of Section 40 is wide, encompassing all judicial and quasi-judicial proceedings and appeals instituted under the WBPT Act, including those under Sections 7(1), 7(2), and 7(3) relating to eviction protection, rent deposit, and determination of disputed rent. The Section ensures that while the Limitation Act applies, the special procedure and time-limits prescribed under Section 7 for depositing rent and filing applications must be complied with first. [Source: Bahadur Singh Kathotia VS Purabi Basu - 2023 0 Supreme(Cal) 277, Ram Kumar Sinhal vs State of West Bengal - 2025 0 Supreme(Cal) 286]
Punishment for Section - Section 40 itself does not prescribe any independent punishment or penalty. However, failure to comply with the time-limits prescribed under Section 7(1) and 7(2) of the WBPT Act (for depositing rent and filing applications) may result in the tenant losing protection against eviction, and the Limitation Act, 1963, would govern the maintainability of any subsequent proceedings or appeals. [Source: Bahadur Singh Kathotia VS Purabi Basu - 2023 0 Supreme(Cal) 277, Ram Kumar Sinhal vs State of West Bengal - 2025 0 Supreme(Cal) 286]
Limitation Act applicable to WBPT Act proceedings - The Court in the Bijay Kumar Singh case held that the Limitation Act, 1963, is applicable to proceedings under the WBPT Act, 1997, precisely because Section 40 incorporates it by reference. The absence of a specific condonation provision for delay in Section 7 means the general provisions of the Limitation Act apply. [Source: Bahadur Singh Kathotia VS Purabi Basu - 2023 0 Supreme(Cal) 277]
Sub-silencio doctrine applied - The doctrine of sub-silencio was invoked to hold that the Supreme Court's decision in Bijay Kumar Singh v. Amit Kumar Chamariya, [2020 (1) SCC 664], did not decide the specific issue of whether the Limitation Act applies to WBPT Act proceedings, as certain procedural arguments regarding Section 40 were not advanced before the Apex Court. Therefore, the High Court was at liberty to decide that point. [Source: Bahadur Singh Kathotia VS Purabi Basu - 2023 0 Supreme(Cal) 277]
Condonation of delay under Section 7 - While Section 40 makes the Limitation Act applicable, the High Court held that delay in filing applications under Sections 7(1) and 7(2) can be condoned in exceptional circumstances, such as where the tenant is elderly, suffering from serious illness (e.g., blood cancer), or affected by pandemic conditions, and there is no willful default or laches on the part of the tenant. [Source: Bahadur Singh Kathotia VS Purabi Basu - 2023 0 Supreme(Cal) 277]
Object and purpose of the Act - The Court emphasized that the object and purpose of the WBPT Act, 1997, is to protect tenants against unreasonable eviction and excessive rents, and that the provisions of Section 7 (including time-limits) must be interpreted in a manner that gives tenants a reasonable opportunity to comply, rather than defeating the remedial nature of the legislation. [Source: Bahadur Singh Kathotia VS Purabi Basu - 2023 0 Supreme(Cal) 277]
Procedure for deposit under Section 7(1) - Under Section 7(1), a tenant must appear within one month of receiving summons, file an application for leave, and deposit the admitted arrears of rent with the Court. The deposit cannot be made without the Court's order/leave, and the hearing of the Section 7(1) application is a "proceeding" within the meaning of Section 40, attracting the Limitation Act. [Source: Bahadur Singh Kathotia VS Purabi Basu - 2023 0 Supreme(Cal) 277]
Distinction between deposit and application - The Supreme Court in Bijay Kumar Singh held that the deposit of rent is not merely an "application" but a pre-condition to avoid eviction, and therefore Section 5 of the Limitation Act (which applies to applications) is not the sole remedy for delay; instead, the tenant must comply with the mandatory deposit requirement within the stipulated time. [Source: Bahadur Singh Kathotia VS Purabi Basu - 2023 0 Supreme(Cal) 277]
Section 40 as an incorporation clause - Section 40 functions as an incorporation clause by which the legislature expresses its intention to make the Limitation Act, 1963, applicable to WBPT Act proceedings. In the absence of an express exclusion or special condonation provision, the ordinary limitation periods under the Limitation Act, 1963, govern all proceedings and appeals. [Source: Bahadur Singh Kathotia VS Purabi Basu - 2023 0 Supreme(Cal) 277, Ram Kumar Sinhal vs State of West Bengal - 2025 0 Supreme(Cal) 286]
Comparison with other Rent Control Acts - Unlike certain other State Rent Control Acts (e.g., Rajasthan Premises Act, 1950, and the earlier West Bengal Act, 1956) which contain specific provisions excluding the Limitation Act or condoning delay, the WBPT Act, 1997, through Section 40, expressly adopts the Limitation Act, 1963, making it the default governing law for limitation purposes. [Source: Bahadur Singh Kathotia VS Purabi Basu - 2023 0 Supreme(Cal) 277, Ram Kumar Sinhal vs State of West Bengal - 2025 0 Supreme(Cal) 286]
Jurisdictional implications - The applicability of Section 40 has significant jurisdictional implications: courts exercising jurisdiction under the WBPT Act must ensure that limitation periods under the Limitation Act, 1963, are strictly complied with, and petitions or applications filed beyond the prescribed period without condonation of delay are liable to be rejected as time-barred. [Source: Bahadur Singh Kathotia VS Purabi Basu - 2023 0 Supreme(Cal) 277, Ram Kumar Sinhal vs State of West Bengal - 2025 0 Supreme(Cal) 286]
Repeal and savings aspect - Section 40 also has a savings dimension, ensuring that rights, liabilities, and obligations accrued under the previous West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, or any other repealed enactment, are governed by the Limitation Act, 1963, as applied through Section 40 of the WBPT Act, 1997. [Source: , Bahadur Singh Kathotia VS Purabi Basu - 2023 0 Supreme(Cal) 277]
Key judicial pronouncement - The landmark ruling in Bijay Kumar Singh v. Amit Kumar Chamariya, reported in 2020 (1) SCC 664 (Supreme Court), and its subsequent interpretation by the Calcutta High Court in Revisional Application No. X of 2022 (Alipore South-24 Parganas), firmly established that Section 40 makes the Limitation Act applicable to WBPT Act proceedings and that delay can be condoned only in exceptional cases. [Source: Bahadur Singh Kathotia VS Purabi Basu - 2023 0 Supreme(Cal) 277]
Practical impact on tenants - For tenants seeking protection under Section 7 of the WBPT Act, Section 40 underscores the critical importance of strictly adhering to the one-month time-limit for depositing rent and filing applications. Any delay must be promptly met with a condonation application under the Limitation Act, 1963, supported by compelling reasons, lest the protection against eviction be lost. [Source: Bahadur Singh Kathotia VS Purabi Basu - 2023 0 Supreme(Cal) 277, Ram Kumar Sinhal vs State of West Bengal - 2025 0 Supreme(Cal) 286]
Harmony with remedial legislation - Courts have consistently held that while Section 40 incorporates the Limitation Act, the remedial nature of the WBPT Act requires that strict compliance with time-limits not be used as a tool to defeat the Act's object of protecting tenants, provided the tenant demonstrates sufficient cause for delay and no willful default. [Source: Bahadur Singh Kathotia VS Purabi Basu - 2023 0 Supreme(Cal) 277]
No suit, prosecution or other legal proceedings shall lie against any officer of the Government for anything in good faith done or intended to be done under this Act and the rules made thereunder.
Section 41 of the West Bengal Premises Tenancy Act, 1997 ("the Act") is a statutory safeguard that provides absolute immunity to Government officers. It operates as a bar to legal proceedings against any officer of the Government for any act done or intended to be done in good faith under the provisions of the Act or any rule or order made thereunder. The section embodies the public law doctrine of sovereign immunity, ensuring that Government functionaries are not deterred from performing their duties for fear of personal litigation.
Section 41, titled "Bar to proceedings," expressly states that no suit, prosecution, or other legal proceeding shall lie against any officer of the Government for anything which is in good faith done or intended to be done under this Act or any rule or order made thereunder. The core purpose is to shield Government officers from civil or criminal liability arising from actions taken bona fide in the discharge of their statutory duties under the Act.
The scope of Section 41 is wide and absolute, extending to all officers of the Government who act in good faith while implementing the provisions of the West Bengal Premises Tenancy Act, 1997. It covers actions taken in the course of tenancy regulation, rent control, eviction proceedings, and any other administrative or quasi-judicial functions performed under the Act. The section applies to acts done or intended to be done, thereby protecting both completed actions and those undertaken in the course of duty even if they result in adverse consequences for private parties.
Section 41 does not prescribe any punishment or penalty. It is a defensive provision that bars legal proceedings rather than an offensive provision that imposes sanctions. Consequently, there is no punishment directly attached to a breach or violation of Section 41, as it serves to immunize Government officers rather than penalize them.
The hearing of every application made to the Controller under this Act shall be completed within a period of six months unless, for reasons to be recorded by the Controller in writing, it is not possible for him to complete the, hearing within that period.
(1) An appeal shall lie from a final order of the Controller to such Tribunal as the State Legislature may, by law, provide :
Provided that until a Tribunal is so provided, an appeal from the final order of the Controller shall lie to the High Court.
(2) An appeal shall be final within 30 days from the date of order of the Controller.
(3) The Controller or the Tribunal shall in dealing with proceedings under this Act be deemed to be a court for the exercise of powers under section 151 or section 152 of, or Order XLVII of the First Schedule to, the Code of Civil Procedure, 1908 (5 of 1908).
(4) The Controller or the Tribunal shall in dealing with the proceedings under this Act follow such procedure as may be prescribed.
&nb
The procedure for filing an appeal against decree or final order of Civil Judge, and the powers to be exercised an the procedure to be followed in admitting and dealing with such appeal, shall be the same as in case of appeals under the Code of Civil Procedure, 1908. In case of revision and review against any decree or final order of Civil Judge, the provisions of the Code of Civil Procedure, 1908, shall, mutatis mutandis, apply.]
1. Section 43A ins. by s. 3 of the West Bengal Premises Tenancy (Amendment) Act. 2010 (West Ben. Act XXIX of 2010) (with effect from 1.11.2010).
2[Save as otherwise provided in the Act, no civil court shall entertain any suit or proceeding in so far as it relates to fixation of fair rent in relation to any premises to which this Act applies] or to any other matter which· the Controller is empowered by or under this Act to decide and no injunction in respect of any action taken or to be taken by the Controller under this Act shall be granted by any civil court.
2. Subs. by s. 8 of the West Bengal Premises Tenancy (Amendment) Act. 2005 (West Ben. Act VI of 2005) [with effect from] 9.3.2005) for the words "No civil court shall entertain any suit or proceeding in so far as, it relates to fixation of fair rent in relation to any premises to which this Act applies or to eviction of any tenant therefrom".
(1) The West Bengal Premises Tenancy Act. 1956 (West Ben. Act XII of 1956) (hereinafter referred to in this Chapter as the said Act), is hereby repealed.
(2) Notwithstanding such repeal, all suits and other proceedings under the said Act pending at the commencement of this Act before any court or any other authority shall be continued and disposed of in accordance with the provisions of the said Act as if the said Act had continued in force and this Act had not been passed :
Provided that the provisions for appeal under the said Act shall continue in force in respect of the suit or proceeding disposed of thereunder :
Provided further that for any of the purposes as aforesaid, the Controller or the Additional Controller or the Deputy Controller appointed under this Act shall be deemed to be the
For the removal of doubt it is hereby declared that notwithstanding any decision of any court to the contrary, any proceeding pending at the commencement of this Act, which was continued after that date and any decree passed or order made after that date in accordance with the provisions of the said Act in any such proceeding, shall be deemed to have been validly continued, passed or made, as if the said Act had been in force, and had not been repealed, and no such proceeding, decree or order shall be called in question in any manner merely on the ground that the said Act was not in force when such proceeding was continued, such decree was passed or such order was made.
(1) The State Government may, by notification, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the matters which, under any provision of this Act, are required to be prescribed or to be provided for by rules.
(3) All rules made under this’ Act shall, as soon as may be after they come into force. be laid before the State Legislature.
SCHEDULE I
[See section 9(3)]
Form of summons in a case where recovery of possession of premises is prayed for on the ground of requirement by landlord
To
(Name, description and place of
residence, of the tenant/sub-tenant)
WHEREAS......... has filed an application (a copy of which is annexed) for your eviction from (here insert the particulars of the premises) on the ground specified in clause (d) of sub-section (1) of section 6; read with sub-section (1). and sub-section (2) of section 9:
You are hereby summoned to appear before the 1[Civil Judge] within two months of the service hereof and to obtain the leave of t
SCHEDULE II
[See section 17(3)]
Premises having Increase over
floor space of rent as on Payable in
1.7.1976
1st year 2nd year 3rd year 4th year
1[(1) (2) (3)
Up to 25 sq. mts. 100% 25% minus the 25% minus the 25% minus the 25% minus the
increase if increase if increase if increase if
it be less it be less it be less it be less
Above 25 sq. mts. up to 30 sq. mtrs. 110% 30% " 30% " 25% " 25% "
SCHEDULE III
See section 17(4)]
Premises having Increase over
floor space of rent as on Payable in
1.7.1986
1st year 2nd year 3rd year
1 [(1) (2) (3)
Up to 25 sq. mts. 50% 20% minus the 20% minus the 10% minus the
increase if increase if increase if
it be less it be less it be less
Above 25 sq. mts. up to 30 sq. mtrs. 60% 20% " 20% " 20% "
" 3
1[SCHEDULE IV
[See section 12A(1)]
Where the premises are situated on land wholly within the ordinary original civil jurisdiction of the High Court at Calcutta,-
(a) in case the value of the suit exceeds ten lakh rupees, to the High Court at Calcutta;
(b) in case the value of the suit does not exceed ten lakh rupees but exceeds sixty thousand rupees, the City Civil Court established under section 3 of the City Civil Courts Act. 1953 (West Ben. Act XXI of 1953);
(c) in any other suit, to the Chief Judge of the Court of Small Causes constituted under the Presidency Small Causes Courts Act. 1882 (15 of 1882), in the town to Kolkata. who may try the suit himself or may transfer the suit for trial to any other
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