WEST BENGAL NON-AGRICULTURAL TENANCY ACT, 1949
(1) This Act may be called the West Bengal Non-Agricultural Tenancy Act, 1949.
11. Sub-sec. (2) first subs, by W.B. Act 8 of 1974, then again subs, by W.B. Act 22 of 1986. Previous sub-sec (2) was as under: "(2) It extends to the whole of West Bengal except the area to which the provisions of the Calcutta Thika Tenancy Act, 1949 applies.". (2) It extends to the whole of West Bengal except the area to which the provisions of the Calcutta Thika Tenancy Act, 1949 apply but not excepting the area to which such provisions may have ceased or may hereafter cease to apply by virtue of any law for the time being in force.
(3) It shall come into force on such date as the 22. Word subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [Stat
In this Act, unless there is anything repugnant in the subject or context,
(1) "Bengali year" means a year ending on the last day of the Bengali month of Chaitra ;
(2) "Collector" includes any officer appointed by the 22. Word subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State] Government to perform all or any of the functions of a Collector under tins Act ;
(3) "landlord" means a person immediately under whom a non- agricultural tenant holds and includes the Government;
(4) "non-agricultural land" means land which is used for purposes not connected with agriculture or horticulture,
(1) There shall be, for the purposes of this Act, the following classes of non-agricultural tenants, namely:
(a) tenants, and
(b) under-tenants.
(2) "Tenant" means a person who has acquired [a right to hold non-agricultural land directly under the State] for any of the purposes provided in this Act, and includes also the successors-in-interest of persons who have acquired such a right.
(3) "Under-tenant" means a person, who has acquired a right to hold non-agricultural land for any of the purposes provided in this Act either immediately or mediately under a tenant and includes also the successors-in-interest o
A non-agricultural tenant shall be deemed to hold any non-agricultural land
(a) for homestead or residential purposes if such tenant is entitled, under the terms of any agreement between himself and the landlord, to use or is actually using such land for homestead or residential purposes ;
(b) for manufacturing or business purposes if such tenant is entitled, under the terms of any agreement between himself and the landlord, to use or is actually using such land for carrying on therein any commercial or industrial enterprise or any trade or business ; and
(c) for other purposes if such tenant is entitled, under the terms of any agreement between himself and the landlord, to use or is actually using s
(1) A tenant holding non- agricultural land may use such land in any manner which is not inconsistent with the purposes of the tenancy and which does not materially impair the value of such land.
(2) A tenant holding non-agricultural land comprised in any tenancy to which the provisions of section 7 or section 8 apply shall be entitled
(a) to erect any structure including any pucca structure ;
(b) to dig any tank ; and
(c) to plant, enjoy the flowers, fruits and other products of, and fell and utilize or dispose of the timber of, any tree, on such land :
Provided that he shall not be entitled to convert any suc
Notwithstanding anything contained in any other law for the time being in force or in any contract
(1) if any non-agricultural land has been held with or without any lease having been entered into by the landlord and the tenant from before the commencement of the Transfer of Property Act, 1882, or if the origin of any tenancy is unknown, or
(2) if the non-agricultural land comprised in any tenancy which has been or is created after the commencement of the Transfer of Property Act, 1882, has been held for a term of not less than twelve years without any lease in writing, or
(3) if any non-agricultural land has been held for a term of not less than twelve years under a lease in writing but no term is s
(1) Notwithstanding anything contained in any other law for the time being in force or in any contract, where any non-agricultural land is held under a lease in writing for a term of not less than twelve years specified in such lease, the tenant holding such land shall, on the expiration of the period so specified, be entitled to the option of successive renewals of such lease on such fair and reasonable conditions as to rent as may be agreed upon between the landlord and such tenant:
Provided that no premium or salami shall be payable in respect of such renewal.
(2) If there is any dispute as to whether any condition for the renewal of a lease under sub-section (1) is fair and reasonable, the landlord or the tenant may apply in the prescribed
(1) Notwithstanding anything contained in any other law for the time being in force or in any contract, if any non-agricultural land has been held for a term of more than one year but less than twelve years
(a) under a lease in writing for a term of more than one year but less than twelve years to which the provisions of clause (5) of section 7 do not apply, or
(b) without a lease in writing, or
(c) under a lease in writing but no term is specified in such lease, then the tenant holding such non-agricultural land shall be liable to ejectment on one or more of the following grounds and not otherwise, namely :
(i) on the ground that he has used such land in a manner which renders it unfit for use for th
1212. Sec.9A ins. by W.B. Act 53 of 1976.
(1) Notwithstanding anything contained elsewhere in this Act or in any law for the lime being in force or in any contract, express or implied or in any custom or usage, to the contrary, no person with whom any land is or has been settled by or on behalf of the State Government for the purpose of constructing a dwelling house thereon without any premium or selami being charged for such settlement, shall be entitled to transfer such land except by way of a simple mortgage or a mortgage by deposit of title-deed in favour of a bank, or a co-operative society or a local or statutory authority or the Life Insurance Corporation of India:
Provided that any person who seeks to exchange his land with some other land on the ground that the other land serves h
Notwithstanding anything elsewhere contained in this Act or, in any other law for the time being in force or in any contract where any non-agricultural land held by a non-agricultural tenant or any share or portion thereof is used
(a) for any immoral, illegal or unsocial purpose, or
(b) in any manner so as to become a source of grave danger to the public peace or public safety, a co-sharer tenant or the landlord of the non-agricultural tenant may, if such land or share or portion is contiguous to any land in the actual possession of such co-sharer tenant or landlord, as the case may be, apply to the Court for such land or share or portion to be transferred to himself on payment of such consideration as may be determined by the Court:
(1) The rent payable by a tenant in respect of any non-agricultural land shall, except in the case where such land is held on a fixed rent or free of rent either under a contract or under a decree or order passed by a competent Court or authority, be liable to enhancement as provided by this Act, and not otherwise.
(2) The rent payable by a tenant may be enhanced up to such limit as the Court thinks fair and equitable in the circumstances of the case :
Provided that the rent shall not be enhanced so as to exceed the rent previously payable by the tenant by more than twelve and a half per centum.
(3) In determining a fair and equitable rent under sub-sect
(1) When an enhancement is claimed on the ground of a landlord's improvement,
(a) the Court shall not grant an enhancement unless the improvement has been registered in accordance with the provisions of this Act; and
(b) in determining the amount of enhancement the Court shall have regard to,
(i) the increase in the value of the non-agricultural land caused or likely to be caused by the improvement,
(ii) the cost of the improvement,
(iii) the expenditure (if any), required for utilising the improvement, and
(iv) the existing rent and the ability of the non-agricultural land to bear a higher rent.
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If it thinks that an immediate increase of rent will cause hardship, the Court may direct that the enhancement shall take effect gradually at such intervals and by such increments extending over a period not exceeding five years as the Court may fix in this behalf.
When a tenant is admitted to the occupation of any non-agricultural land, the rent payable by such tenant in respect of such land shall not, except on the ground of the landlord's improvement, be enhanced during the fifteen years next following the date on which the tenant has been so admitted to the occupation of such land.
(2) When the rent of a tenant has been enhanced by the Court or in pursuance of the conditions of a contract, it shall not be further enhanced during the fifteen years next following the date on which it has been last so enhanced and for the purposes of this section if an order of gradual enhancement of such rent has been made by a Court in accordance with the provisions of section 13, the full rent fixed by such order shall be deemed to have come into effect from the date of such order :
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The rent of a tenant may be reduced by the Court if the Court considers that the rate of rent payable by such tenant is unfair and inequitable, and in determining what rent is fair and equitable under this section the Court shall have regard to the provisions of sub-section (3) of section 11.
The provisions of this Chapter shall apply to all under-tenants whether their tenancies were created before or after the commencement of this Act.
An under-tenant may be admitted to the occupation of any non-agricultural land on such terms and conditions consistent with the provisions of this Act as may be agreed upon between himself and his landlord.
An under-tenant shall be liable to pay such rate of rent for the non-agricultural land comprised in his tenancy as has been agreed upon between himself and his landlord at the time of his admission to the occupation of such land :
Provided that the rate of rent payable in respect of the non-agricultural land comprised in any tenancy by an under-tenant who has been admitted to occupation of such land after the commencement of this Act shall not, except in the case where such land is held on a fixed rent or free of rent by the tenant under whom such under-tenant holds, exceed one and a half times the rate of rent payable by such tenant in respect of such land.
(1) Notwithstanding anything contained in any other law for the time being in force or in any contract, the rent of an under-tenant shall be liabls to enhancement up to a limit not exceeding one and a half times the rent for the time being payable in respect of the non- agricultural land comprised in the tenancy of such under-tenant by the tenant under whom such under-tenant holds in the case where such tenant does not hold such land at a fixed rent or free of rent, and up to such limit as the Court may, subject to such provisions as may be prescribed in this behalf, think fair and equitable in other cases.
(2) For the purposes of sub-section (1) the rent for the time being payable in respect of the non-agricultural land comprised in the tenancy of an under- tenant by the tenant under whom such under-tenant holds shall, in the case whe
Notwithstanding anything contained in any other law for the time being in force or in any contract, an under-tenant shall, subject to the provisions of this Act, be liable to ejectment on one or more of the following grounds, and not otherwise, namely:-
(a) on the ground that he has used the non-agricultural land comprised in his tenancy in a manner which renders it unfit for use for the purposes of the tenancy ;
(b) on the ground that the term of his lease has expired when he holds the non-agricultural land under a written lease :
Provided that in the case where any non-agricultural land is held by an under-tenant without a lease in writing or under a lease in writing but no term is specified in su
The interest of an under-tenant in any non-agricultural land shall,
(a) in the case where such under-tenant dies intestate in respect of such interest, be transmitted by inheritance in the same manner as his other immovable property :
Provided that in any case in which under the law of inheritance to which such under-tenant is subject his other property goes to the 1313. Word subs, for the word "Crown" by the Adaptation of Laws Order, 1950. [Government], his interest in such land shall be extinguished; and
(b) subject to the provisions of this Act, be capable of being transferred and bequeathed in the same manner and to the same extent as his other immovable property.
Notwithstanding anything contained in any other law for the time being in force or in any contract, in the case of the tenancy of an under-tenant
(a) the provisions of section 10 shall apply ; and
(b) where--
(i) the conditions referred to in clauses (1), (2), (3), (4) or (5) of section 7 are fulfilled, or
(ii) the tenancy is held under a lease in writing for a term of not less than twelve years specified in such lease, the under-tenant shall have all the rights and liabilities of a tenant as set forth in section 7 or section 8, as the case may be, and the
(1) Every transfer of non-agricultural land held by a non- agricultural tenant or of any portion or share thereof shall, except in the case of a bequest or a sale in execution of a decree or of a certificate signed under the Bengal Public Demands Recovery Act, 1913, be made by registered instrument, and a Registering Officer shall not accept for registration any such instrument unless the sale price or, where there is no sale price, the value of the land or portion or share thereof transferred is stated therein, and unless it is accompanied by
(a) a notice giving the particulars of the transfer in the prescribed form, together with the process fee prescribed for the service thereof on the landlord who is not a party to the transfer, and
(b) such notices and process fees as may be required b
(1) If the entire non-agricultural land in a non-agricultural tenancy is transferred, the immediate landlord, or if a portion or share of such land is transferred, the immediate landlord or one or more co-sharer tenants of such land may, within four months of the service of notice issued under section 23, apply to the Court for such land or portion or share thereof to be transferred to himself or themselves, as the case may be :
Provided that
(a) if both a co-sharer tenant and the landlord apply under this section and comply with the provisions herein contained the co-sharer tenant shall have the prior right to purchase under this section ;
(b) the immediate landlord of the non-agricultural tenant shall not have any right to purchase under this
Notwithstanding anything contained in the Indian Evidence Act, 1872, nothing contained in any instrument of transfer to which the landlord is not a party shall be evidence against the landlord of the permanence, the amount or fixity of rent, the area, the transferability or any incident of any tenancy referred to in such instrument.
(1) In this chapter "transferee", "purchaser" and "mortgagee" include their successors-in-interest.
(2) In section 23,
(a) "transfer" does not include partition or a sub-lease, or, until a decree or order absolute for foreclosure is made, simple or usufructuary mortgage or mortgage by conditional sale ;
(b) "transferor" includes a person whose interest in any non-agricultural land or portion or share thereof has terminated in the circumstances mentioned in sub-section (2) or sub-section (3) of that section.
1414. Sec. 27 subs, by W.B. Act 8 of 1974, which was earlier as under: "27. Power to order survey and preparation of record-of-rights. The State Government may in any case and in particular, in any of the cases specified in sub-section (2) of section 101 of the Bengal Tenancy Act, 1885, if it thinks fit, make an order directing that a survey be made and a record-of-rights be prepared by a Revenue-officer in respect of all non-agricultural lands in any local area, estate or tenure or part thereof whether or not the said Act extends to such area, estate, tenure or part.".
(1) The State Government may, if it so thinks fit, make an order directing that a survey be
(2) When an order is made under sub-section (1), the Revenue Officer shall record, in the record-of- rights to be revised or prepar
1515. Secs. 28 and 28A subs, for original sec. 28 by W.B. Act 8 of 1974. Previous sec. 28 was as under : "28. Applicability of the provisions of Chapter X of the Bengal Tenancy Act, 1885. When an order under section 27 has been made, (a) the particulars to be recorded shall be specified in the order and may include, either without or in addition to other particulars, any of those particulars specified in section 102 of the Bengal Tenancy Act, 1885. (b) subject to any rules made under this Act, all the provisions of Chapter X of the Bengal Tenancy Act, 1885, and the rules made thereunder shall, in so far as they are not inconsistent with the provisions of this Act, apply as if such order is an order made under section 101 of the said Act in respect of lands used for purposes connected with agriculture or horticulture.".
(1) When a record-of-rights has been revised or prepared, the
1616. Sec. 28 and 28A subs, for original sec. 28 by W.B. Act 8 of 1974. Any Revenue Officer specially empowered by the State Government in this behalf may, of his own motion at any time or on application within one year from the date of certificate of the final publication of the record-of-rights under sub-section (2) of section 28, correct any entry in such record-of-rights which he is satisfied has been made owing to bona fide mistake:
Provided that no such correction shall be made until reasonable notice has been given to the parties concerned to appear and be heard in the matter and if any appeal affecting such entry has been made under sub-section (5) of section 28, until the appeal is finally disposed of.
When an order has been made under section 27 in respect of any 1717. Word subs, for the words "local area, estate or tenure" by W.B. Act 8 of 1974. [district] or part thereof of which a settlement of land revenue is being or is about to be made, the 1818. Word subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State] Government may make an order directing the Revenue Officer, after recording under 1919. Words, figures and brackets subs, for the word and figures "section 28" by W.B. Act 8 of 1974. [sub-section (2) of section 27] those particulars which are relevant and after publication of the draft of the record-of-rights
(a) to estimate fair and equitable rents for non-agricultural tenants of every class in accordance with the provisions of this Act, and
(b) to estimat
2020. Words subs, for the words and figures "Notwithstanding anything contained in the Bengal Tenancy Act, 1885, when an order" by W.B. Act 8 of 1974. [When an order] has been made under section 29 directing a Revenue Officer to prepare a settlement rent-roll in respect of non-agricultural lands in any 19a19a. Word subs, for the words "local area, estate or tenure" by W.B. Act 8 of 1974. [district] or part thereof 2121. Clause (a) om. by W.B. Act 8 of 1974, which was as under: "(a) the rents of such non-agricultural lands shall not be settled under Part II of Chapter X of the said Act;". * * * * * * * *
(b) where any of such non-agricultural lands are comprised in a tenancy which includes lands other than non-agricultural lands, the Revenue Officer shall
(i) divide the tenancy so as to con
(1) When an order has been made under section 29 for the preparation of a settlement rent-roll, the Revenue Officer shall prepare such rent-roll in accordance with the provisions of this Chapter and shall cause a draft of it to be published in the prescribed manner and for the prescribed period and shall receive and consider any objections made in regard to any entry therein or omission therefrom during the period of publication and shall dispose of such objections according to such rules as the 2222. Word subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State] Government may make.
(2) The Revenue Officer may, of his own motion or on the application of any party aggrieved, at any time before a settlement rent-roll is submitted to the confirming authority under section 32, revise any entry therein :
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(1) When all objections have been disposed of under section 31, the Revenue Officer shall submit the settlement rent-roll to the prescribed Revenue authority for confirmation with a full statement of the grounds for his proposals and a summary of the objections (if any) which he has received.
(2) Such authority may confirm the settlement rent-roll with or without amendment or may return it for revision :
Provided that no entry shall be amended or omission supplied until reasonable notice has been given to the parties concerned to appear and be heard in the matter.
(3) After confirmation by such authority the Revenue Officer shall cause the date of confir
(1) Any person who is aggrieved by any entry in or omission from a settlement rent-roll confirmed under section 32 may appeal to the prescribed Revenue authority and from the decision of such authority to the Board of Revenue in the manner and within the period prescribed in this behalf.
(2) No Civil Court shall annul or alter any decision of a Revenue Officer, a Revenue authority or the Board of Revenue under section 30 or section 31 or section 32 or sub-section (1) of this section except as provided in section 34.
(1) Any person who is aggrieved by any entry in or omission from a settlement rent-roll confirmed under section 32 may institute a suit in the Civil Court which would have jurisdiction to entertain a suit for the possession of the land to which the entry relates or in respect of which the omission was made.
(2) Such suit shall be instituted within six months from the date of confirmation of the settlement rent-roll or from the date of the certificate of final publication of the record-of-rights, whichever is later, or, if an appeal has been presented under section 33, within three months from the date of the disposal of such appeal.
(3) Such suit may be instituted on any of the following grounds and on no other ground, namely :
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.A notification in the Official Gazette of an order under section 27 or of an order under section 29 shall be conclusive evidence that the order has been duly made.
Subject to the provisions of section 34, all rents entered in a settlement rent-roll confirmed under section 32 or settled under section 33 shall be deemed to have been correctly settled and to be fair and equitable rents within the meaning of this Act.
The Revenue Officer may at any time correct any bona fide clerical mistake in or omission from the settlement rent-roll and shall make such alterations in the same as may be necessary to give effect to any decision under sub-section (1) of section 33 or section 34.
Where an order has been made under section 27 for the preparation of a record-of-rights in respect of all non- agricultural lands in any 2323. Word subs, for the words "local area, estate or tenure" by W.B. Act 8 of 1974. [district] or part thereof of which a settlement of land revenue is not being made or is not about to be made, the Revenue Officer shall, in settling the rents of such non-agricultural lands 2424. Words and figures "under sections 105 and 105A of the Bengal Tenancy Act, 1885," om. by W.B. Act 8 of 1974. ******, have regard to the provisions of this Act as to the determination of a fair and equitable rent and to such rules as may be made in this behalf under this Act.
When an order has been made under section 27, directing the preparation of a record-of-rights, then, subject to the provisions of section 34, a Civil Court shall not,
(a) where a settlement of land revenue is being or is about to be made until after the final publication of the record-of-rights, and
(b) where a settlement of land revenue is not being made or is not about to be madeuntil four months after the final publication of the record- or-rights,
When a rent is settled by a Revenue Officer under this Chapter 2525. Words, figures and letter "or under Chapter X of the Bengal Tenancy Act. 1885," om. by W.B. Act 8 of 1974. [* * * * * *] after an order under section 27 has been made, such rent shall lake effect from such date as may be fixed by the Revenue Officer.
(1) When the rent of the non-agricultural land comprised in a tenancy is settled under this Chapter, 2525. Words, figures and letter "or under Chapter X of the Bengal Tenancy Act. 1885," om. by W.B. Act 8 of 1974. [* * * * * *] after an order under section 27 has been made, it shall not, except on the ground of a landlord's improvement or of a subsequent alteration in the area of such land, be enhanced, in the case where such land is held by a tenant or by an under-tenant having under section 22 the rights and liabilities of a tenant, for fifteen years and in the case where such land is held by an under-tenant having no such rights and liabilities, for five years ; and no such rent shall be reduced within the period aforesaid save on the ground of alteration in the area of the non-agricultural land comprised within the tenancy.
(2) The
.In this Chapter
(a) "Revenue Officer" includes any officer whom the 2626. Word subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State] Government may appoint to discharge all or any of the functions of a Revenue Officer under that Chapter ;
(b) the term "settlement of land-revenue" includes a settlement of rent in an estate or tenure which belongs to the [Government].
Subject to agreement, a money-rent payable by a non-agricultural tenant shall be paid yearly according to the Bengali year and shall fall due on the last day of the Bengali year in respect of which it is paid.
(1) Every non-agricultural tenant shall pay or tender the yearly rent before sunset of the day on which it falls due :
Provided that the non-agricultural tenant may pay or tender the rent payable for the year at any time during the year before it falls due.
(2) The payment or tender of rent may be made
(i) at the landlord's local office or at such other convenient place as may be appointed in that behalf by the landlord ; or
(ii) by postal money-order in the manner prescribed. A tender may also be made by depositing the rent in Court in accordance with the provisions of section 51.
(1) When a non-agricultural tenant makes a payment on account of rent, he may declare the year or years in respect of which he wishes the payment to be credited, and the payment-shall be credited accordingly.
(2) If he does not make any such declaration, the payment may be credited to the account of such year or years as the landlord thinks fit. Receipts and accounts.
(1) Every non-agricultural tenant who makes a payment on account of rent to his landlord shall be entitled to obtain forthwith a written receipt for such payment either from such landlord, or, where the agent of such landlord has been authorised in writing by such landlord to issue and sign such receipts on behalf of such landlord, from such agent.
(2) The landlord or such agent, as the case may be, shall prepare and retain a counterfoil of the receipt.
(3) The receipt and counterfoil shall be in such form and shall specify such particulars as may be prescribed either generally or for any particular local area or class of cases.
(4) If a receipt does not
(1) Where a landlord admits that all rent payable by a non-agricultural tenant to the end of the Bengali year has been paid, the non-agricultural tenant shall be entitled to receive free of charge within three months after the end of the year, a receipt in full discharge of all rent falling due to the end of the year, either from the landlord, or, where the agent of such landlord has been authorised in writing to issue and sign such receipts on behalf of such landlord, from such agent.
(2) Where the landlord does not so admit, the non-agricultural tenant shall be entitled, on paying a fee of four annas, to receive, within three months after the end of the year, a statement of account in such form and specifying such particulars as may be prescribed either generally or for any particular local area or class of cases.
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(1) If a landlord or his agent without reasonable cause refuses or neglects to deliver to a non-agricultural tenant a receipt in accordance with the provisions of section 46 for any rent paid by the non-agricultural tenant, such tenant may, within three months from the date of payment, institute a suit to recover from such landlord or agent, as the case may be, such penalty, not exceeding double the amount or value of that rent, as the Court thinks fit.
(2) If a landlord or his agent without reasonable cause refuses or neglects to deliver to a non-agricultural tenant demanding the same either the receipt in full discharge or, if the non-agricultural tenant is not entitled to such a receipt, the statement of account for any year required by section 47, such tenant may, within the next ensuing Bengali year, institute a suit to recover fr
(1) The 2828.Word subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State] Government shall cause to be prepared and kept for sale to landlords at all subdivisional offices forms of receipts with counterfoils and of statements of account suitable for use under section 46 and Section 47.
(2) The forms may be sold in books with the leaves consecutively numbered or otherwise as the 2828.Word subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State] Government thinks fit.
Where rent is due to the proprietor, manager or mortgagee of an estate, the receipt of the person registered under the Land Registration Act, 1876, as proprietor, manager or mortgagee of that estate, or of his agent authorised in that behalf, shall be a sufficient discharge for the rent; and the non- agricultural tenant liable for the rent shall not be entitled to plead in defence to a claim by the person so registered that the rent is due to any third person:
Provided that nothing in this section shall affect any remedy which any such third person may have against the registered proprietor, manager or mortgagee. Deposit of rent.
(1) In any of the following cases, namely
(a) when a non-agricultural tenant tenders money on account of rent and the landlord refuses to receive it or refuses to grant a receipt for it;
(b) when a non-agricultural tenant bound to pay money on account of rent has reason to believe, owing to a tender having been refused or a receipt withheld on a previous occasion, that the person to whom his rent is payable will not be willing to receive it and to grant him a receipt for it;
(c) when the rent is payable to co-sharers jointly and the non-agricultural tenant is unable to obtain the joint receipt of the co-sharers for the money and no person has been empowered to receive the rent on their behalf; or
(d) w
(1) If it appears to the Court to which an application is made under section 51, that the applicant is entitled under that section to deposit the rent, it shall receive the rent and give a receipt for it under the seal of the Court.
(2) A receipt given under this section shall operate as an acquittance for the amount of the rent payable by the non-agricultural tenant and deposited as aforesaid in the same manner and to the same extent as if that amount of rent had been received in the cases referred to in clauses (a) and (b) of sub-section (1) of section 51 by the person specified in the application as the person to whose credit the deposit was to be entered; in the case referred to in clause (c) of that sub-section, by the co-sharers to whom the rent is due; and in the case referred to in clause (d) of that sub-section, by the person
The Court receiving a deposit
(i) in the case referred to in clause (a) or in clause (b) of sub-section (1) of section 51 shall forthwith forward the same by postal money-order to the address of the landlord ; and
(ii) in the case referred to in clause (c) or in clause (d) of that sub-section shall forthwith cause to be affixed in a conspicuous place at the Court- house a notification of the receipt thereof containing a statement of all material particulars, and, if the amount of the deposit is not paid away under section 54 within the period of fifteen days next following the date on which the notification is so affixed, the Court shall forthwith in the case referred to in clause (c) of that sub-section cause a notice of the receipt of the deposit to be posted free of charge at the landlor
(1) The Court may pay the amount of the deposit notified under section 53 to any person appearing to it to be entitled to the same, or may, if it thinks fit, retain the amount pending the decision of a Civil Court as to the person so entitled.
(2) If no payment is made under clause (i) of section 53 or under sub-section (1) before the expiration of three years from the date on which a deposit is made, the amount deposited may, in the absence of any order of a Civil Court to the contrary, be repaid to the depositor upon his application and on his returning the receipt given by the Court with which the rent was deposited.
(3) No suit or other proceeding shall be instituted against the 2929. Word subs, for the word "Crown" by the Adaptation of Laws
If a landlord or his agent refuses without reasonable cause to receive payment of rent remitted by postal money-order or deposited in Court, the landlord shall be precluded from recovering, by suit, interest, costs or damages in respect of the same, and the Court may in addition award to the non-agricultural tenant damages not exceeding twelve and a half per centum on the whole amount claimed by the plaintiff. The plea of the existence of any dispute as to the amount of rent of or the area of the land comprised in the tenancy shall not be deemed to be a reasonable cause under this section:
Provided that, when a landlord accepts rent, which has been deposited, or remitted by postal money-order, the fact of his acceptance shall not be used in any way as evidence that he has admitted as correct any of the particulars set forth in the application for permission to deposit or in the po
A non-agricultural tenant shall not be liable to ejectment for arrears of rent, but his tenancy shall be liable to sale in execution of a decree for the rent thereof, and the rent shall be a first charge thereon.
(1) An arrear of rent shall bear simple interest at the rate of six and a quarter per centum per annum from the expiration of the Bengali year in which the rent falls due to the date of payment or of the institution of the suit, whichever date is earlier.
(2) Nothing in any contract between a landlord and a non-agricultural tenant made before or after the commencement of this Act shall affect the provisions of sub-section (1) relating to interest payable on arrears of rent.
(1) If, in any suit brought for the recovery of arrears of rent, it appears to the Court that the defendant has, without reasonable or probable cause, neglected or refused to pay the amount of rent due by him, the Court may award to the plaintiff, in addition to the amount decreed for rent and costs, such damages, not exceeding twelve and a half per centum on the amount of rent decreed, as it thinks fit:
Provided that interest shall not be decreed when damages are awarded under this section :
Provided also that where damages are awarded
(i) the amount of such damages shall not be less than the interest accruing up to the date of the institution of the suit, and
(ii) interest on the arrear may be awar
(1) A non-agricultural tenant shall not, when his landlord's interest is transferred, be liable to the transferee for rent which became due after the transfer and was paid to the landlord whose interest was so transferred, unless the transferee has before the payment given notice of the transfer to the non- agricultural tenant.
(2) Where there is more than one non-agricultural tenant paying rent to the landlord whose interest is transferred, a general notice from the transferee to the non-agricultural tenants published in the prescribed manner shall be a sufficient notice for the purposes of this section.
When a non-agricultural tenant transfers his tenancy in whole or in part, the transferor and transferee shall be jointly and severally- liable to the landlord for arrears of rent due before the transfer :
Provided that the transferor shall not be liable to the landlord for such arrears of rent if the transferee has agreed to pay such arrears to the landlord and the fact has been mentioned in the instrument of transfer. Illegal impositions.
All impositions upon non-agricultural tenants under the denomination of abwab, mathat or other like appellations, in addition to the actual rent, shall be illegal, and all stipulations and reservations for the payment of such shall be void.
(1) If a landlord or his agent realises from a non-agricultural tenant any imposition declared under section 61 to be illegal, such landlord or agent, as the case may be, shall be liable to the same fine, to be imposed in the same manner, as in sub-section (3) of section 48, and the provisions of sub-sections (4), (7) and (8) of the said section relating to inquiry, fine and procedure shall, mutatis mutandis and so far as may be, apply to proceedings under this section.
(2) An appeal shall lie to the District Judge against an order imposing a fine under this section, and the order passed by the District Judge on such appeal shall be final.
(3) The imposition of a fine on a landlord or landlord's agent under this section shall not operate as a ba
Every non-agricultural tenant from whom, except under any special enactment for the time being in force, any sum of money is exacted by his landlord in excess of the rent or interest lawfully payable, may, within six months from the date of the exaction, institute a suit to recover from the landlord, in addition to the amount so exacted, such sum by way of penalty as the Court thinks fit, not exceeding two hundred rupees; or, when double the amount so exacted exceeds two hundred rupees, not exceeding double that amount.
For the purposes of this Act the term "improvement" used with reference to a tenancy shall mean any work, which adds to the value of the non-agricultural land comprised in the tenancy, which is suitable to such land and consistent with any of the purposes specified in section 4 for which it is being used and which, if not executed on such land, is either executed directly for its benefit, or is, after execution, made directly beneficial to it, and subject to the foregoing provisions, shall include the following, namely
(a) laying out of passages or roads,
(b) providing open spaces for ventilation,
(c) providing facilities for taking water,
(1) Subject to the provisions of sub-section (2), neither the non-agricultural tenant nor his landlord shall, as such, be entitled to prevent the other from making an improvement in respect of the tenancy.
(2) If both the non-agricultural tenant and his landlord wish to make the same improvement the non-agricultural tenant shall have the prior right to make it, unless it affects another tenancy or other tenancies under the same landlord.
(3) Any fee realised from a non-agricultural tenant for permission to make any improvement in respect of his tenancy shall be deemed to be an abwab and the provisions of section 61 shall apply thereto,
(1) If a question arises between the non-agricultural tenant and his landlord
(a) as to the right to make an improvement, or
(b) as to whether a particular work is an improvement,
(2) An appeal, if presented within thirty days form the date of the order appealed against, shall lie to the District Judge from every order passed by the Collector under sub-section (1) and the order passed by the District Judge on such appeal shall be final.
(1) A landlord may, by application to such Revenue Officer as the 3030.Word subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State] Government may appoint in this behalf, register any improvement which he has lawfully made or which has been lawfully made wholly or partly at his expense or which he has assisted a non-agricultural tenant in making.
(2) Every such application shall be in the prescribed form and shall contain such particulars and shall be verified in such manner, by local inquiry or otherwise, as may be prescribed.
(3) The Revenue Officer receiving the application may reject it if it has not been made within twelve months,
&
(1) If any non-agricultural tenant holding any non-agricultural land or his landlord desires that evidence relating to any improvement made in respect thereof be recorded, he may apply to the Revenue Officer to whom an application for the registration of such improvement may be made under sub-section (1) of section 67 and such Revenue Officer shall thereupon, at a time and place of which notice shall be given to the parties, record the evidence :
Provided that such Revenue Officer shall not so record the evidence if he considers that there were no reasonable grounds for the making of the application, or if it appears to him that the subject-matter thereof is under inquiry in a Civil Court.
(2) When any matter has been recorded under this sectio
Where a tenancy is held by a non-agricultural tenant subject to the condition of employment in any industrial concern, such tenant shall, notwithstanding anything elsewhere contained in this Act, be liable to be ejected from the land comprised in such tenancy on the termination of such employment.
No non-agricultural tenant shall be ejected from the tenancy or from any non-agricultural land which he holds except in execution of a decree of a competent Civil Court.
The provisions of the Transfer of Property Act, 1882, and of any other law for the time being in force, in so far as they may be applicable and in so far as they are not inconsistent with the provisions of this Act, shall continue to apply to all tenancies to which the provisions of this Act apply.
(1) A tenant holding any land not being non-agricultural land which is situated within any area to which this Act extends or his landlord, may apply to the Collector for the conversion of such land into a tenancy to which the provisions of this Act apply and, on receipt of such application, the Collector shall, by order in writing, direct such conversion subject to payment of such rent not exceeding twice the rent for the time being payable for such land, as the Collector may fix :
Provided that no landlord shall be entitled to apply under this sub-section for such conversion of any land except in the case where such land is being used by the tenant by whom it is held for any purpose not connected with agriculture or horticulture without the express or implied consent of the landlord :
Prov
In all areas for which a record-of-rights has been prepared in pursuance of an order made under section 27 and finally published, a Civil Court shall, in all suits between landlord and non-agricultural tenant as such, have regard to the entries in such record-of-rights relating to the subject-matter in dispute which may be produced before it, unless such entries have been proved by evidence to be incorrect; and, when a Civil Court passes a decree at variance, with such entries, it shall record its reasons for so doing.
Notwithstanding anything contained in rule 16 of Order XXI in Schedule I to the Code of Civil Procedure, 1908, an application for the execution of a decree for arrears in respect of any non-agricultural land obtained by a landlord shall not be made by an assignee of the decree unless the landlord's interest in the non-agricultural land has become and is vested in him.
A suit for the ejectment of a non-agricultural tenant, on the ground that he has used the non- agricultural land in a manner which renders it unfit for use for the purposes of the tenancy shall not be entertained unless the landlord has served in the prescribed manner, a notice in writing on the non-agricultural tenant
(i) specifying the particular misuse complained of; and
(ii) if the misuse is capable of remedy, requiring the tenant to remedy the same, and unless the tenant has, where the misuse is capable of remedy, failed within a reasonable time from the date of the service of the notice to remedy the misuse.
Where the interest of a non-agricultural tenant in any non-agricultural land is sold in execution of a decree or of a certificate signed under the Bengal Public Demands Recovery Act, 1913, for arrears of rent due in respect of such land, the purchaser shall take free from all encumbrances which may have been created by such non-agricultural tenant or his predecessor-in-interest and is subsisting immediately before the purchase takes effect, but subject to the interest of any under-tenant having under section 22 the rights and liabilities of a tenant.
Where a non- agricultural tenant or his predecessor-in-interest has erected any structure on any non-agricultural land held by such tenant and such land is sold in execution of a decree or of a certificate signed under the Bengal Public Demands Recovery Act, 1913, for arrears of rent due in respect of such land, the purchaser shall be entitled to obtain delivery of possession of the land sold by the removal of such structure :
Provided that the judgment-debtor shall be allowed reasonable time by the Court to remove such structure from the property sold before the possession of such property is delivered to the purchaser :
Provided further that it shall be open to the purchaser to obtain possession of such land together with such structure on payment of such compensation for the value of su
Notwithstanding anything contained in the Code of Civil Procedure, 1908, whenever the interest of any non-agricultural tenant in any non- agricultural land is sold in execution of a decree for arrears of rent, and the sale is confirmed, the purchase shall take effect from the date of confirmation of the sale.
(1) In disposing of the proceeds of a sale of the interest of a non-agricultural tenant in any non-agricultural land in execution of a decree for arrears of rent the following rules instead of those contained in section 73 of the Code of Civil Procedure, 1908, shall be observed, that is to say
(a) there shall first be paid to the decree holder the costs incurred by him in bringing the tenancy to sale ;
(b) there shall, in the next place, be paid to the decree-holder the amount due to him under the decree in execution of which the sale was made;
(c) if there remains a balance after these sums have been paid, there shall be paid to the decree-holder therefrom the costs of the application made under this section and any rent which may have fallen du
(1) The provisions of rules 58 to 63 (both inclusive) of Order XXI in Schedule I to the Code of Civil Procedure, 1908, shall not apply to the interest of any non-agricultural tenant in any non-agricultural land attached in execution of a decree for arrears due thereon.
(2) When an order for the sale of the interest of any non-agricultural tenant in any non-agricultural land in execution of such a decree has been made, the interest of such non-agricultural tenant in such land shall not be released from attachment unless, before it is knocked down to the auction-purchaser, the amount of the decree including the costs decreed together with the costs incurred in bringing such interest to sale is paid into Court, or the decree- holder makes an application for the release of such interest from such attachment on the ground that the decree ha
(1) When any person whose interests are affected by the sale of a tenancy of a non-agricultural tenant advertised for sale in execution of a decree for arrears of rent due in respect thereof or in execution of a certificate for arrears of rent due in respect thereof signed under the Bengal Public Demands Recovery Act, 1913, pays into the Court the amount requisite to prevent the sale
(a) the amount so paid by him shall be deemed to be a debt bearing interest at six and a quarter per centum per annum and secured by a mortgage of such tenancy to him ;
(b) his mortgage shall take priority over every other charge on such tenancy other than a charge for arrears of rent; and
(c) he shall be entitled to possession of the tenancy as mortgagee of the non-
When a tenancy to which the provisions of this Act apply is advertised for sale
(a) in execution of a decree for arrears of rent due in respect of such tenancy from a superior non-agricultural tenant defaulting, or
(b) in execution of certificate signed under the Bengal Public Demands Recovery Act, 1913 for arrears of rent due in respect of such tenancy from a superior non-agricultural tenant defaulting, or when such sale is set aside under rule 89 of Order XXI in Schedule I to the Code of Civil Procedure, 1908, and an inferior non-agricultural tenant pays money into Court in order to prevent or set aside the sale, as the case may be, such inferior non-agricultural tenant may, in addition to any other remedy provided for him by law, deduct the whole or any portion of the amount so paid from
(1) Notwithstanding anything contained in rule 72 of Order XXI in Schedule I to the Code of Civil Procedure, 1908, the holder of a decree for arrears of rent in respect of a tenancy of a non-agricultural tenant in execution of which such tenancy is sold may, without the permission of the Court, bid for or purchase the tenancy.
(2) The judgment-debtor shall not bid for or purchase a tenancy so sold.
(3) When a judgment-debtor purchases by himself or through another person a tenancy so sold, the Court may, if it thinks fit, on the application of the decree-holder or any other person interested in the safe, by order set aside the sale, and the costs of the application and order and any deficiency of price which may happen on the resale, and all exp
For the purposes of this Chapter the terms "arrears' and "arrears of rent" shall be deemed to include interest-decreed under section 57 or damages awarded in lieu of interest under sub-section (1) of section 58
Nothing in this Act shall apply to
(a) any land vested in, or in the possession of
(i) a port authority of a major port, or
(ii) a railway administration, or
(iii) any local authority, or
(b) any lease in respect of any forest-rights or rights over fisheries or rights to minerals in any non-agricultural land, or
3131.Clause (c) subs, by W.B. Act 24 of 1953 (c) any land acquired or deemed to have been acquired under the Land Acquisition Act, 1894, or the Defence of India Rules made under the Defence of India Act, 1939, or
Nothing in any contract between a landlord and a non-agricultural tenant made after the commencement of this Act shall take away or limit the rights of such tenant as provided for by this Act, and any contract which is made in contravention of the provisions of this section or which is inconsistent with, or purports to alter the effect of, any of the provisions of this Act, shall, to the extent of such contravention or inconsistency or to the extent it purports to alter such effect, be void and without effect.
When under this Act a Court is authorised to make an order on the application of a landlord or a non-agricultural tenant, the applicatien shall be made to the Civil Court which would have jurisdiction to entertain a suit for possession of the non-agricultural land comprised in the tenancy in connection with which the application is made.
The provisions of this Act shall have effect in respect of all suits, appeals or proceedings including proceedings in execution for ejectment of a non-agricultural tenant which are pending at the date of commencement of this Act.
In computing the period provided by any law for the time being in force for the execution of a decree for ejectment which was stayed under the Bengal Non-Agricultural Tenancy (Temporary Provisions) Act, 1940, or for the institution of a suit for the ejectment of a non-agricultural tenant, the period during which the said Act continued in force shall be excluded.
If any non-agricultural land has been held by a tenant from before the commencement of the Bengal Non-Agricultural Tenancy (Temporary Provisions) Act, 1940
(a) under a lease in writing and the time limited by such lease has expired either before such commencement or at any time during the period the said Act has been in force and the tenant has continued to hold such land during such period, or
(b) under a lease in writing but no term is specified in such lease, or
(c) without a lease in writing, then in calculating for the purposes of section 7 and Section 9 the period for which such land has been held by such tenant,
&n
(1) The Bengal Non-Agricultural Lands Assessment Act, 1936, and the Bengal Non-Agricultural Tenancy (Temporary Provisions) Act, 1940, are hereby repealed.
(2) All rents settled, records-of-rights or rent-rolls prepared, orders or notifications issued, suits or other proceedings instituted and other things duly done under the Bengal Non-Agricultural Lands Assessment Act, 1936, shall, in so far as they are consistent with the provisions of this Act, be deemed to have been respectively settled, prepared, issued, instituted or done hereunder.
(1) the 3232.Word subs, for the word "Provincial" by the Adaptation of Laws Order, 1950 [State] Government may, subject to the condition of previous publication, 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 following matters, namely:
(a) the manner in which the landlord or the tenant may apply to the Court under sub-section (2) of section 8 ;
(b) the determination of a fair and equitable rent referred to in sub-section (3) of section 11 ;
(c) the limit of enhancement of rent referred to in sub-section (1) of section 19 and
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