WEST BENGAL PREMISES TENANCY RULES, 1999
These rules may be called the West Bengal Premises Tenancy Rules, 1999.
In these rules, unless the context otherwise requires,-
(a) the expression "the Act" means the West Bengal Premises Tenancy Act, 1997 (West Ben. Act XXXVII of 1997);
(b) "Form" means a Form appended to these rules;
(c) "section" means a section of the Act;
(d) words and expressions used in these rules and not defined shall have the meanings respectively assigned to them in the Act.
The receipt referred to in sub-section (1) of section 4 shall be in Form 1.
Rent shall be paid within the time fixed by contract or, in the absence of such contract, by the fifteenth day of the month following the month for which it is payable :
Provided that a tenant may pay the rent payable for any month at any time during such month before it falls due.
An application under sub-section (1) of section 6 for the recovery of possession of any premises shall be made in writing to the Controller by the landlord stating fully the grounds on which the recovery of possession of the premises is sought. Every such application shall contain the following particulars :-
(i) particulars of the premises with description thereof sufficient for identifying the premises (for example. number of the premises and description thereof. if there is any, name of street, postal zone, and name of police station);
(ii) name of the tenant;
(iii) rent payable by the tenant;
(iv) date of creation of the tenancy; and
(v) any other relevant information.
An order passed by the Controller shall be executable by the Controller as a decree of a civil court and, for this purpose, the Controller shall have all the powers of a civil court.
(1) A landlord who desires to obtain the permission of the Controller under section 10 for re-letting any premises within six months of the date of his occupation of the premises to any person other than the previous tenant shall make an application in writing to the Controller stating fully the reasons for re-letting the premises and also furnish such other evidence in support of his prayer as the Controller may require.
(2) On receipt of the application under sub-rule (1), the Controller shall cause a notice together with a copy of the application to be served on the previous tenant by registered post with acknowledgment due, requiring such tenant to appear before him and to file objections, if any, on such date and at such time as may be specified in the notice or, if the address of the previous tenant be not known, the Controller shall publish the notice in any local newspaper
An application under section 17 for fixation of fair rent shall be made in writing to the Controller stating fully the facts of the case and the provisions under which fixation of fair rent is claimed. Every such application shall be accompanied by as many true copies thereof as there are parties on whom notices are to he served along with the process-fees as provided in these rules for service of such notices. The applications shall be signed aria verified in the manner provided in sub-rules (2) and (3) of rule 15 of Order VI of the First Schedule to the Code of Civil Procedure. 1908 (5 of 1908).
(1) Where the landlord does not accept any rent tendered by the tenant within the period specified in rule 4, the tenant shall remit the rent to the landlord by postal money order within fifteen days of such refusal. If the postal money order 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 reasons the tenant himself or by any person on is behalf may deposit such rent in the office of the Controller within fifteen days from the date on which it is so returned to the tenant.
(2) Where there is a bona fide doubt as to the person or persons to whom rent is payable, the tenant himself or any person on his behalf may deposit such rent in the office of the Controller.
(3) In Kolkata, the deposit of rent may also be made if the amou
On receipt of deposit, the Controller shall cause a copy or copies of the application for deposit to be sent by registered post with acknowledgment due to the person to whom the rent was last paid as also to the person mentioned in the application.
(1) The application for withdrawal of rent deposited under section 21 shall be filed in Form 4 by the landlord or by the person claiming to be entitled to the .rent, either personally or through an agent duly authorised by a power of attorney registered under the provisions of the Registration Act, 1908 (16 of 1908), or through a legal practitioner. Where the-application for withdrawal of rent is filed personally by the landlord or by the person claiming to be entitled to the rent or by a duly authorised agent as aforesaid, such landlord or person claiming to be entitled to the rent or duly authorised agent, as the case may be, shall get himself identified before the Controller by a legal practitioner.
(2) The name and address of the legal practitioner through whom an application for withdrawal of rent is filed or who identifies the landlord, the person claiming to be entitled to r
(1) Where the repayment of an amount out of lapsed deposit is claimed by the landlord or by the person or persons entitled to receive the rent deposited under sub-section (11) of section 21, the procedures as mentioned in sub-rule (1) and sub-rule (2) of rule 11 for withdrawal of deposit of rent shall, mutatis mutandis, apply.
(2) When a repayment is claimed and an application is made for repayment of amount out of lapsed deposit in accordance with the provisions of sub-rule (1), the Controller shall, after examining the amount of claim, fill up the Form No.5, and forward the same to the Accountant-General (Accounts and Entitlement), West Bengal, for sanction of repayment. More than one such claim may be forwarded in one form by way of including several number of deposits of rent, if they are payable to the same person.
(3) The Accountan
Notices of creation and termination of sub-tenancies under sub-section (1) of section 26, and where, before the commencement of the Act. a tenant has sublet any premises, notices -of such sub-letting and the termination of such sub-tenancies under sub-section (2) of that section shall be given by the tenant and the sub-tenant to the landlord by registered post with acknowledgment due and shall contain the following particulars :-
(a) location of the premises let to the tenant with description thereof sufficient for identifying the same (for example, number of the premises and description thereof if there is any, name of the street, postal zone. and police station);
(b) name of the tenant;
(c) name of the sub-tenant;
(d) details of the portion sublet
(1) The Controller shall issue a notice of demand to the person on whom a fine is imposed or who has been ordered to pay any sum under the Act. The amount shall be paid by the person fined or ordered to pay the same within such time as may be allowed by the Controller and the Controller may, for good and sufficient reason, extend the time allowed by him. In default of making such payment, the amount shall be recoverable as a fine under the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), and the Controller shall be deemed to be a Judicial Magistrate under the said Code for the purpose of such recovery.
(2) The fine or the sum, as the case may be, ordered to be paid under the Act, shall be paid by such person in cash in the office of the Controller and the same shall be deposited with the Controller as civil deposit.
All notices to be served under the Act by the Controller shall be served by registered post with acknowledgment due or, where this cannot be effected or is not feasible, in such manner as the Controller may deem fit in the circumstances of the case.
Any notice to be served under sub-section (1) of section 36 by the tenant shall be served by registered post with acknowledgement due or, where this cannot be effected or is not feasible, in such manner as the tenant may deem fit in the circumstances of the case.
The Controller may grant temporary injunction in cases which come within the purview of rule 1 and rule 2 of Order XXXIX of the Code of Civil Procedure, 1908 (5 of 1908), and, in such cases, the principles laid down in subsequent rules of Order XXXIX of the said Code shall apply mutatis mutandis.
Section R.16 of the West Bengal Premises Tenancy Rules, 1999, pertains to the grant of temporary injunctions by the Controller in tenancy disputes. It provides a procedural mechanism to prevent irreparable harm pending the final adjudication of disputes related to tenancy matters.
Section R.16 authorizes the Controller to grant temporary injunctions in cases referred to in subsection (6) of Section 39 of the Rules. This allows for interim relief to maintain the status quo or prevent wrongful dispossession during the pendency of proceedings.
Note: The analysis is based on the available sources, which primarily discuss procedural aspects and related legal provisions. Specific detailed provisions of Section R.16 are not explicitly provided in the sources, hence the commentary focuses on its procedural and protective nature within the tenancy dispute framework.
In making enquiries under the Act, the Controller or the Tribunal shall follow, as nearly’ as may be, the procedure laid down:
(a) in the case of enquiries relating to offences, in the Code of Criminal Procedure, 1973 (2 of 1974), for the trial of cases, and
(b) in the case of all other enquiries, in the Code of Civil Procedure, 1908 (5 of 1908), for the trial of suits, recording a memorandum of the substances only of the evidence and the reasons for his findings as in the cases in which no appeal lies.
(1) A fee of seventy-five paise shall be payable on every application made before the Controller under the Act, not being an application mentioned in sub-section (6) of section 21 or section 23.
(2) A fee of rupees two shall be payable on every application for withdrawal of any deposit of rent under section 23.
(3) The fee chargeable in respect of a certified copy of any application, written statement or document shall be rupees five :
Provided that when an application is made at the same time for certified copies of the application, written statement and order in the same case, there shall be charged a consolidated fee of rupees ten for all of them.
(4) The fee chargeable for certified copy of notes of evidence and of judgment shall be rupees five
In respect of each application for information regarding deposit of rent or for duplicate copies of application for deposit of rent not received by landlords, searching fees shall be levied according to the following scales:-
(i) for deposit made during one month or part-rupees two,
(ii) for deposit made during more than one month-
(a) for the first month-rupees two, and
(b) for each subsequent month or part-rupees one.
A fee of rupee one shall be payable on every application for correction of a challan depositing rent.
A ’process fee at the rate of 1[rupees thirty four] for every party on whom a notice is to be served shall be paid in cash with an application referred to in section 10, section 11, section 17, section 26, section 35. section 36 or section 37, or a petition of complaint under section 27, section 28, section 29, section 30, section 31, section 32, section 33 or section. 34.
1. Subs. by d. (1) of the Notification No. 1585-L.R./1C-01/2003, dated 13.6.2003 for the words rupees twenty".
A process fee at the rate of 1[rupees thirty four] for every party on whom a notice is to be served shall be paid in cash in respect of each deposit of rent under section 21 along with such deposit.
1. Subs. by cl. (2) of the Notification No. 1585-L.R./1C-01/2003 dated 13.6.2003 for the words "rupees twenty".
A process fee at the rate of 2[rupees thirty four] for every party on whom a notice is to be served under clause (a) of sub-section (3) of section 39 shall be paid in cash by the applicant seeking relief under the Act.
2. Subs. by cl. (3), ibid for the words "rupees twenty".
An affidavit sworn before the Controller shall be charged with a fee of rupees ten payable in non-judicial stamps.
The fees referred to in these rules shall, unless otherwise expressly provided, be paid in court-fee stamps.
FORM 1
[See rule 3]
Receipt for the payment of rent and other charges
Received this day the amount of (a) Rs....................(Rupees............) and (b) Rs............. (Rupees............) as for the rent and maintenance charges respectively from Shri/ Shrimati..................... in respect of the premises detailed below for the month of............... year...............
Details of the premises let out :
………………………………..
……………………………….. STAMP
………………………………..
Date :..................... Signature of the Landlord or his authorised agent
FORM 2
[See rule 9(4)]
Application for deposit of rent under section 21 of the West Bengal Premises Tenancy Act, 1997 (West Bengal Act XXXVII of 1997)
Before the Controller …………..................................... Name.......................... ………………………………………….Tenant/Applicant
Versus
Name.............................................Landlord/Person
or Persons claiming to be entitled to rent.
The applicant prays for permission to deposit the rent of the premises as per permission furnished below :-
(a) Particulars of the premises with description thereof sufficient for ide
FORM 3
[See rule 9(4)]
Challan
PART I
To be filled in by the payer
(1) Particulars of the premises
(2) Name and address of the person or persons on whose behalf the money is tendered
(3) Name and address of the landlord or person or persons to whose credit the amount is to be placed in deposit
(4) In the case of bona fide doubt as to the person or persons to whom rent is payable, the name of the person to whom the rent was last paid and the name and address of the person/persons who, to the tenant’s best information and belief, is/are the landlord entitled to receive it
FORM 4
[See rule 11(1)]
Application for withdrawal of rent deposited under section 21 of the West Bengal Premise.) Tenancy Act, 1997 (West Bengal Act XXXVII of 1997)
Before the Controller......................................................
Name...............................................................Petitioner
Versus
Name...............................................................Depositor
Praying that the above-named landlord/landlords/person claiming to be entitled to the rent be paid the amount of rent as per following deposit, the other particulars of which are given in the Annexure :
&n
1[FORM 5
(See rule 11A)
Application form for refund of an amount of lapsed deposit
To
The Accountant-General (Accounts and Entitlement),
West Bengal.
Sir,
The following repayment of deposits of rent on lapsed deposits aggregating Rs........................ (in words Rs.................................) have been claimed by .................................. of whose identity and title to the money I have satisfied myself. I request your sanction to the refund.
Sl. Class of deposit Particulars of Amount Date of Amount claimed Remarks
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