WEST BENGAL PREMISES TENANCY ACT, 1956
(1) This Act may be called the West Bengal Premises Tenancy Act, 1956.
(2)It shall come into force on such date as the State Government may, by notification, appoint.
(3)It extends to the whole of Calcutta and to all areas which have been or may hereafter be constituted municipalities under the provisions of the Bengal Municipal Act, 1932 (Ben. Act XV of 1932):
Provided that the State Government may, by notification, extend this Act or any part thereof to any other area specified in the notification, or may, by notification, exclude any area from the operation of this Act or any specified part thereof ;
[Prov
In this Act, unless there is anything repugnant in the subject or context,
[(a) "Calcutta" means the area described in Schedule I to the Calcutta Municipal Corporation Act, 1980 (West Ben Act LIX of 1980);]
(b) "Controller" means a Controller appointed under sub-section (1) of section 26 and includes an Additional Controller and a Deputy Controller appointed under sub-section (2) of that section ;
(c) "fair rent" in relation to any premises means the fair rent referred to in section 8 or where the fair rent has been increased under section 9 such increased rent or where the fair rent has been revised under section 11 such revised rent ;
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(1)[The provisions relating to rent and the provisions of sections 31 and 36 shall apply to any premises held under a lease for residential purpose of the lessee himself and registered under the Indian Registration Act. 1908 (XVI of 1908), where
(a) such lease has been entered into on or after the 1st December. 1948, and
(b) such lease is for a period of not more than 20 years,and save as aforesaid nothing in this Act shall apply to any premises held under a lease for a period of not less than 15 years.] [Notwithstanding anything to the contrary contained in sub-section (1) but subject to sub- section (3) of section 1 this Act shall apply to all premises held under a lease which has been entered into after the commencement of the West Bengal Premises Tenancy (Amendment) Ordinance 1965.
(1) A tenant shall, subject to the provisions of this Act, pay to the landlord
(a) in cases where fair rent has been fixed for any premises, such rent ;
(b) in other cases, the rent agreed upon until fair rent is fixed.
(2) Rent shall be paid within the time fixed by contract or in the absence of such contract, by the fifteenth day of the month next 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.]
(3)Any sum i
No person shall, in consideration of the grant, renewal or continuance of a tenancy of any premises
(a) claim, demand or receive any sums as premium or claim, demand or receive any consideration whatsoever, in cash or in kind in addition to the rent ; or
(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.
(1) No landlord shall make the purchase of any furniture in any premises by any person 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 advertisement
(a) for the purchase by any person of any furniture ; or
(b)for 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 of any premises.
Here is a concise legal commentary on Section 6 of the West Bengal Premises Tenancy Act, 1956, based on the provided sources.
Note: The provided sources contain extensive case law primarily on the Hindu Succession Act, 1956, Section 6 and the Hindu Minority and Guardianship Act, 1956, Section 6, but very few directly relevant citations for the West Bengal Premises Tenancy Act, 1956, Section 6. The commentary below reflects the information available in the text snippets.
Section 6 of the West Bengal Premises Tenancy Act, 1956, primarily aims to prevent landlords from leveraging their position to force tenants into purchasing furniture or paying inflated prices for it as a condition for granting or continuing a tenancy. It also regulates the recovery of charges for furniture provided by the landlord to the tenant. This provision is a consumer protection clause within the rent control legislation, ensuring that the grant of a lease is not contingent upon the purchase of chattels.
Based on the extracted text, Section 6 prohibits a landlord from:1. Making the purchase of any furniture by the tenant a condition for the grant, renewal, or continuance of a tenancy.2. Requiring the tenant to pay any sum exceeding one month's rent in advance, except with the previous consent in writing of the Controller.3. Claiming or receiving any sum as consideration for the grant, renewal, or continuance of a tenancy.
The essential ingredients of the restriction under Section 6 appear to be:1. Relationship: Existence of a landlord-tenant relationship.2. Condition Precedent: The landlord imposes a condition for the grant, renewal, or continuance of the tenancy.3. Subject Matter: The condition relates to the purchase of furniture or the payment of a sum exceeding one month's rent.4. Prohibited Act: A demand or receipt of premium or "pugree" (consideration) by the landlord.
The scope of Section 6 is to declare any agreement requiring the tenant to buy furniture as a pre-condition for the tenancy as unlawful. It seeks to prevent landlords from indirectly charging illegal premiums or salami by overvaluing furniture. The provision is protective of tenants and aims to ensure that the tenancy is based on the premises alone, not on ancillary commercial transactions.
The provided sources do not explicitly list a specific "punishment" (criminal penalty) for violation of Section 6 of the West Bengal Premises Tenancy Act, 1956. Typically, under such tenancy laws, the remedy for the tenant is to challenge the condition, seek recovery of any excess amount paid, or defend against eviction proceedings on the grounds that the tenancy was procured through an unlawful condition.
(1) Where any sum or other consideration has been paid by or on behalf of a 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, order the landlord to refund such sum or
(2) The provisions of sub-section (1) shall not apply to any case of decrease of rent to which section 12 applies.
(1) "Fair rent" in relation to any premises means
(a)where the rent of such premises has been fixed under the Bengal House Rent Control Order, 1942 or the Calcutta House Rent Control Order, 1943, or the Calcutta Rent Ordinance, 1946, the rent so fixed together with
(i) where the rent so fixed is more than Rs. 100 per month, 10 per cent of such rent, and where the rent is fixed is not more than Rs. 100 per month, 5 per cent of such rent, in the case of premises used mainly for residential purposes or as a hospital, an orphanage, a public library, or an educational or charitable institution, and
(ii) where the rent so fixed is more than Rs. 100 per month, 15 per cent of such rent and where the rent so fixed is not more than Rs. 100 per month, 10 p
The fair rent of any premises shall be liable to be increased on any of the following grounds and to the extent indicated below
(a)where the fair rent includes the tenant's share of the municipal rates and taxes and there has been increase in the municipal rates and taxes, by adding to the rent payable for a year one-half of the total amount of such increase in respect of such premises.
(b)where the landlord incurs any expenditure on the improvement or structural alteration to the premises (made with the written consent of the tenant), by adding to the rent payable for a year 10 per cent, of the amount of such expenditure.
The Controller shall, on application made to him either by landlord or by the tenant in the prescribed manner, fix in respect of any premises
(i)the fair rent referred to in section 8 ;
(ii)the increase, if any, referred to in section 9.
(1) The fair rent may be revised only if (here has been an increase or decrease in the market value of the premises
(2) Such revision shall be made on application made to the Controller either by the landlord or by the tenant, in the prescribed manner
Provided that no such application shall be entertained until after the expiry of a period of five years from the date on which rent was last fixed or from the commencement of this Act. as the case may be :
Provided further that in respect of any premises which have been constructed after the commencement of this Act the rent shall not be revised until after the expiry of eight years from the date of commencement of this Act, and when it is revised afte
When in fixing the fair rent or any increase of rent under section 9 or revising the fair rent under section 11, the rent which was being paid at the time of the 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 under the order of the Controller by instalments or otherwise ;
(b)increased by the Controller, the rent so fixed shall be payable from the month of tenancy next after the date of the application and the additional amount payable on account of the increase up to and including the month of the tenancy immediately preceding the month in which the order for increase is passed shall be recoverable by the landlord by such instalments or oth
(1) Notwithstanding anything to the contrary in any other law, no order or decree for the recovery of possession of any premises shall be made by any Court in favour of the landlord against a tenant except on one or more of the following grounds, namely :
(a)where the tenant or any person residing in the premises let to the tenant without the previous consent in writing of the landlord transfers, assigns or sublets in whole or in part the premises held by him ;
(b)where the tenant or any person residing in the premises let to the tenant has done any act contrary to the provisions of clause (m), clause (o) or clause (p) of section 108 of the Transfer of Property Act, 1882 (IV of 1882);
(c)where the tenant has been using the premises or any part th
(1) After the commencement of this Act. no tenant shall, without the previous consent in writing of the landlord
(a) sublet the whole or any part of the premises held by him as a tenant or
(b) transfer or assign his rights in the tenancy or in any part thereof.
(2) No landlord shall claim, demand or receive any premium or other consideration whatsoever for giving his consent to the subletting of the whole or any part of the premises held by a tenant.
It shall not be lawful for the tenant or any other person acting or purporting to act on behalf of the tenant to claim or receive any sum or any consideration as a condition of the relinquishment of his tenancy of any premises.
(1) Where after the commencement of this Act, any premises are 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 are 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 subtenancy within one month of such termination.
(2)Where before the commencement of this Act, the tenant with or without the consent of the landlord, has sublet any premises either in whole or in part, the tenant and every sub-tenant to whom the premises have been sublet shall give notice to the landlord of such subletting in the prescribed manner [within six months] of the commencement of this Act and s
(1) On a suit or proceeding being instituted by the landlord on any of the grounds referred to in section 13, the tenant [shall, subject to the provisions of sub-section (2), within one month] of the service of the writ of summons on him [or where he appears in the suit or proceeding without the writ of summons being served on him, within one month of his appearance] [deposit in court or with the Controller or pay to the landlord] an amount calculated at the rate of rent at which it was last paid, for the period for which the tenant may have made default including the period subsequent thereto up to the end of the month previous to that in which the deposit or payment is made together with interest on s'jch amount calculated at the rate of eight and one-third per cent, per annum from the date when any such amount was payable upto the date of deposit, and shall thereafter continue to deposit or pay, month by month, by the 15th
(1) Where in a suit pending at the date of commencement of the West Bengal Premises Tenancy (Amendment) Act, 1968 the defence against delivery of possession was struck out by an order made under sub-section (3) of section 17 before such date, the tenant may, within a period of thirty days from such date make an application to the Court which made such order to set aside such order
(2) On receipt of an application under sub-section (1), the Court shall determine, after giving credit for every deposit or payment made by the tenant in accordance with the provisions of sub-section (1) or sub-section (2) of section 17, the total amount which the tenant remained liable to deposit or pay in accordance with such provisions up to the end of the month previous to that in which the order under this sub-section is to be made and direct the tenant,
(1) Where a decree for the recovery of possession of any premises was passed before the commencement of the West Bengal Premises Tenancy (Amendment) Act, 1968. in a suit in which the defence against delivery of possession was struck out by an order under sub-section (3) of section 17. but the possession of such premises, has not been recovered from the tenant by the execution of such decree, the tenant, may, within a period of sixty days of such commencement, make an application to the Court which passed such decree to set aside such decree.
Explanation. Where such decree has been passed in the exercise ot appellate jurisdiction, an application under this sub-section shall be made to the Court of first instance
(2) All proceedings in execution
A tenant who deposits the amount as directed by the Court under sub-section (2) of section 17A or sub-section (3) of section 17B shall for the purpose of sub-section (4) of section 17, be deemed to have duly made the deposit as required by sub-section (1)or sub-section (2) of section 17
(1) Where before the commencement of the West Bengal Premises Tenancy (Amendment) Act, 1968. a decree for the recovery of possession of any premises was passed
(a) in a suit under this Act in which no order had been made under sub-section (3) of section 17 striking out defence against delivery of possession, only on the ground referred to in clause (i) of sub-section (1) of section 13, or
(b) in suit under the West Bengal Premises Rent Control (Temporary Provisions) Act. 1950, by reason only of clause (i) of the proviso to sub-section (1) of section 11 of that Act. but the possession of such premises had not been recovered from the tenant by the execution of the decree, the tenant may within a period of sixty days from the date of commencement of the West Bengal Premises Tenancy (Second Ame
Power of Court to set aside certain decrees passed in suits brought by transferee-landlords within three years from the date of transfer
(1) Where before the commencement of the West Bengal Premies Tenancy (Second Amendment) Act, 1969, a decree for the recovery of possession of any premises was passed in a suit which had been brought by a landlord, who had acquired his interest in such premises by transfer, before, the expiration of a period of three years from the date of his acquisition of such interest only on one or more of the grounds mentioned in clause (f) of sub-section (1) of section 13 as it was in force before such commencement, but the possession of such premises has not been recovered from the tenant by the execution of the decree, the tenant may within a period of sixty days from the date of commencement of the West Beng
(1) Where the landlord obtains delivery of possession of any premises from the tenant in pursuance of a decree obtained under clause (f) [or clause (ff)] of sub-section (1) of section 13 and the building or re-building or additions and alterations are not commenced or the premises are not occupied by the landlords or any person for whose benefit the premises are 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 are held are re-let within [ten 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 have been relet within [ten years], within three months of su
(1) Where the Court passes a decree for recovery of possession of any premises on the ground mentioned in clause (f) of sub-section (1) of section 13. it shall specify the period within which the building or rebuilding, or the additions or alterations, on or to 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
(2) On the completion of the building or re-building or the additions or alterations, on or to such premises the Controller may, on the application of the tenant who has been ejected 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 put such tenant in possession of such premises or such part thereof as the Controller may
(1)A 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 these 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 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
Notwithstanding anything contained in any other law a suit or proceeding by a landlord against a tenant in which recover of possession of any premises to which this Act applies is claimed shall lie to the Courts, as set out in [the first schedule], and no other Court shall be competent to entertain or try such suit [or proceeding].
(1) Where the landlord does not accept any rent tendered by the tenant within the time referred to in section 4 or where there is a bona fide doubt as to the person or persons to whom the rent is payable, the tenant may deposit such rent with the Controller in the prescribed manner :
Provided that where any rent is remitted by the tenant to the landlord by postal money order, the date of issue of the postal money order shall, for the purposes of this sub-section, be deemed to be the date of tender of such rent by the tenant to landlord.]
(2) The deposit shall be accompanied by an application supported by an affidavit by the tenant stating
(a)the premise
(1) No rent deposited under section 21 shall be considered to have been validly deposited under that section for purposes of clause (1) of sub-section (1) of section 13 unless deposited within fifteen days of the time fixed by the contract in writing unless deposited within the last day of the month following that for which the rent was payable :
[Provided that where any rent remitted to the landlord by postal money order within the time referred to in section 4 is returned to the tenant by the postal authorities as undelivered either on account of the landlord having refused to accept payment thereof or for any other cause, such rent may also, be validly deposited for the purposes of the sa,d clause within fifteen days from the date on which it is so returned to the tenant ]
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The withdrawal of rent deposited under section 21, in the manner provided therein, shall not operate as an admission against the person withdrawing it of the correctness of the rate of rent, the period of default, the amount due, or of any other facts stated in the tenant's application for depositing the rent under the said section, nor shall it operate as a waiver of any notice to quit given by him to the tenant
When there is no proceeding pending in Court for the recovery of possession of the premises, the acceptance of rent in respect of the period of default in payment of rent by the landlord from the tenant shall operate as a waiver of such default.
(1) Every tenant who makes a payment of rent to his landlord shall be entitled to obtain forthwith from the landlord or his authorised agent a written receipt for the amount paid by him, signed by the landlord or his authorised agent.
(2) If the landlord or his authorised agent refuses or neglect to deliver to the tenant a receipt referred to in sub-section (1) 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 or his authorised agent, by order, direct the landlord or his authorised agent to pay to the tenant, by way of damages such sum not exceeding double the amount of rent paid by the tenant and the costs of the application and shall also grant a certificate to the tenant in respect of the rent paid. Chapter
The Controlle shall, on the application made by any person interested,
(a) fix a fair rate to be charged for board, lodging or other service
provided in a hotel or lodging house and in fixing such fair rate specify separately the rate for lodging, board or other service
(b) fix the number of lodgers to be accommodated in each room specified unit of accommodation in a hotel or lodging house.
The Contrcler may from time to time revise the fair rate or the number of lodgers fixe under section 25A.
The manager of a hotel or the owner of a lodging house shall, where the fair rate or the number of lodgers has been fixed under section 25A for a hotel or lodging house display in a conspicuous part of the hotel or lodging house a notice of the fair rate and the number of lodgers so fixed
Agreement for payment of charges in excess of fair rate. An agreement for the payment of any charge in excess of the fair rate referred to in section 25A shall be null and void in respect of such excess and shall be construed as if it were an agreement for the payment only of such fair rate.
No manager of a hotel or owner of a lodging house shall have any right to evict or refuse board or other service to a lodger as long as he pays or tenders payment of the fair rate fixed under section 25A and observes and performs the other conditions of the agreement in so far as they are not inconsistent with the provisions of this Chapter:
Provided that a lodger shall not be entitled to the benefit of this section
(a) if the lodger has been guilty of conduct which is a nuisance or an annoyance to the other lodgers of the hotel or lodging house,or
(b) if the lodger has continuously been absent from such hotel or lodging house for a period exceeding two months , or
(c)if the lodger having contracted t
(1) Every manager of a hotel or owner of a lodging house who accommodates lodgers or permits lodgers to be accommodated in a room or specified unit of accommodation in a hotel or lodging houses in excess of the number fixed by the Controller under section 25A except with the consent of all the lodgers of such room or specified unit of accommodation, shall on conviction in a Criminal Court be punished with fine which may extend to one thousand rupees.
(2) Every manager of a hotel or owner of a lodging house who fails to display a notice as required under section 25C of the fair rate or the number of lodgers fixed under section 25A shall on conviction in a Criminal Court be punished with fine which may extend to five hundred rupees.
The provisions of Chapter IVA shall not apply to hotels or lodging house included in the list of hotels or lodging houses approved by the Department of Tourism of Government of India ]
(1) The State Government may, by notification appoint a person to be the Controller for any area or part of 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 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
(1) The hearing of every application made to the Controller under this Act shall be completed within a period of three months, other than an application for obtaining permission under sub-section (2) of section 34 which shall be completed within a period of one month, unless, in either case, for reasons to be recorded by the Controller in writing, it is not possible for him to complete the hearing within that period.
(2) The hearing of every application shall, when it has begun be continued from day to day unless, for reasons to be recorded by the Controller in writing, it is not possible so to do
(3) In all proceedings before him the Controller shall consider the question of costs and may award to and against any party such costs as would be re
(1) For the purposes of any inquiry or discharge of his duties under this Act, the Controller may
(a)after giving not less than twenty-four hours' previous notice in writing, enter and inspect, or authorise any officer subordinate to him to enter and inspect, any premises at any time between sunrise and sunset ; or
(b) by written order require any person to produce for his inspection such accounts, rent receipts, books or other documents, relevant to the inquiry, at such time and at such place, as may be specified in the order
(2) The Controller shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908), for the purpose of summoning and enforcing the attendance
(1) An appeal shall lie from a final order of the Controller
(a) to the Chief Judge of the Court of Small Causes of Calcutta, in cases relating to premises situated within the Ordinary Original Civil Jurisdiction of the Calcutta High Court ;
(b)to the District Judge of the district in cases relating to premises situated in a district.
(2) An appeal shall be filed within 30 days of the date of the order of the Controller.
(3) The procedure for filing an appeal, and the powers to be exercise and the procedure to be followed by an Appellate Officer in admitting an dealing with an appeal shall be the same as in th
The provisions of this Chapter or any rule 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) No Civil Court shall entertain any application by a landlord being a Government employee, and who being in occupation of any residential premises allotted to him by his employer, is required by, or in pursuance of, an order made by such employer to vacate such residential accommodation, or in default to incur certait obligations on the ground that he owns a residential accommodation either in his own name or in the name of his wife or dependant child at or near the place where he is posted for the time being [or by a landlord who has retired, or will retire within a period of less than one year, as a member the naval, military or air force of the Union of India, or by a landlord who is the parent or the wife of such member of the naval, military or air force the Union of India, or by a landlord who is a relation (other than a mind child or the widow) and a dependant of a member of the naval, military or air force of the U
(1)Whoever contravenes any of the provisions of section 5, shall, on the complaint of party aggrieved or of the State Government, made to the Controller, be liable
(i) for contravention of the provisions of clause (a) of section 5. on the first occasion, to a fine which may extend to five times the amount or value of the consideration, claimed, demanded or received in excess of the fair rent, and on a second or subsequent occasion, to a fine which may extend to ten times the amount of such excess ;
(ii) for contravention of the provisions of clause (b) of section 5, on the first occasion, to a fine which extend to twice the amount claimed demanded or received in excess of one month's rent, and on a second or subsequent occasion, to a fine which may extend to four times the amount so claimed
Whoever without the previous written consent of the Controller or. save for the purpose of effecting repairs or complying with any municipal requisition, willfully disturbs any easement annexed to such premises, or removes, destroys or renders unserviceable anything provided for permanent use therewith, or interferes with any supply or service comprised in the tenancy of such premises shall, on the complaint of the party aggrieved be liable on the first occasion, to a fine which may extend to [one thousand] rupees, and on second or subsequent extend to [two thousand] rupees, to be imposed, after inquiry by the Controller and the Controller may order immediate restoration of any supply or service which has been interfered with.
Any fine imposed or any sum ordered to be paid under this Act shall be paid by the person fined or ordered to pay the same in the prescribed manner 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 such payment, the amount shall be recoverable as a fine under the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), and the Controller shall be deemed to be a Magistrate under the said Code for purpose of such recovery.
No complaint under section 30 or section 31 shall be brought against a person after the expiration of six months from the date of the commission of the act in respect of which the complaint is brought.
(1) The Controller shall, on application made to him in this behalf by any tenant in possession of any premises, cause a notice to be served in the prescribed manner on the landlord thereof requiring him to make such repairs in the premises or to take such measures for the due maintenance therein of any essential supply or service, such as measures for the maintenance for the supply of water, gas or electricity, the maintenance of conservancy or sanitary service or the maintenance of any lift, as the landlord may be bound to make or take, as the case may be. under the conditions of the tenancy or when the conditions of the tenancy do not include any provision for repairs as the Controller may consider essential.
(2) If after the service of such notice the landlord fails to show proper cause or neglects to make such repairs or to take w
If the necessity for making repairs or for taking any measures referred to in section 34, is so urgent that any delay involved in the procedure referred to therein is likely to subject the tenant to personal loss, damage or serious inconvenience, then notwithstanding such procedure, the tenant may himself cause the notice referred to in section 34 to be served in the prescribed manner on the landlord requiring him to undertake such repairs or to take such measures within seventy-two hours of the service of such notice and shall in every such case submit, at the same time, a copy of such notice to the Controller together with an estimate or the cost of such repairs or measures to enable the Controller to make such enquiries as he may consider necessary about the necessity of such repairs or measures and the correctness of the estimate so submitted The Controller shall make immediate enquiry and order the tenant to undertake such repairs or take such measures if the la
(1) If a landlord refuses or withholds his consent to the supply of electricity 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 (IX 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, permit the tenant to get the supply in accordance with the scheme set out in the tenant's application or in accordance with any modified scheme
(3) On such permission being given, notwithstanding anything contained in any other law for the time being in force, the owner shall be
A Controller appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Act XLV of 1860).
Save as otherwise provided in section 32, an order passed by the Controller under the provisions of this Act '[or an order passed on appeal, revision or review therefrom] 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 C;vil Court
Subject to the provisions in this Act relating to limitation, all the provisions of the Indian Limitation Act, 1908 (IX of 1908) shall apply to suits, appeals and proceedings under this Act
(1) The West Bengal Premises Rent Controller (Temporary Provisions) Act. 1950 [West Ben, Act XVII of 1950 (in this section) referred to as the said Act], is hereby repealed.
(2) Notwithstanding the repeal of the said Act
(a) any proceeding pending on the 31st day of March. 1956. may be continued or
(b) any proceeding or remedy in respect of any right, privilege, obligation liability, penalty, forfeiture or punishment under the said Act and relating to the period before such repeal may be instituted [or enforced] as if the said Act had been in force and had not been repealed or had not expired
Provided that for any of the purposes aforesaid a Controller, a
Notwithstanding anything contained in this Act,
(1) all proceedings under this Act, except the proceedings under Chapter IV thereof, in respect of any premises in any area included within the limits of Calcutta, which, immediately before the 4th day of January, 1984, was comprised in the municipality of Jadavpur, South Suburban or Garden Reach, pending before the Rent Controller, 24-Parganas, having jurisdiction, at the date of commencement of the West Bengal Premises Tenancy (Amendment) Act, 1986 (hereinafter referred to in this section as the said Act), shall, with effect from the date of coming into force of the said Act, stand transferred to the rent Controller, Calcutta :
Provided that any order passed by the Rent Controller, 24-Parganas, in any such proceeding on or after the 4th day
No suit, prosecution or other legal proceeding shall lie against any officer of Government for anything in good faith done or intended to be done under this Act and the rules made thereunder.
(1) The State Government may, subject to the condition of previous publication, make rules for carrying out the purposes of the 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 including charging or remitting of costs and fees and the fixation of the scale of costs and fees.
(3) All rules made under this Act shall, as soon as may be after they have come into force, be laid before the State Legislature.
["(1) where the premises are situated on land wholly within the ordinary original civil jurisdiction of the High Court at Calcutta,
(i) where the value of the suit exceeds ten lakh rupees to the
High Court at Calcutta ;
(ii) where the value of the suit does not exceed ten lakh rupees but exceeds thirty thousand rupees to the City Civil Court established under section 3 of the City Civil Court Act, 1953 (West Bengal Act XXI of 1953)
(iii) except as otherwise provided in the foregoing provisions of this clause, to the Chief Judge of the Court of Small Causes constit
Form of Summons in a Case where Recovery of Possession of the Premises is prayed for on the ground of Reasonable Requirement by the Landlord. To (Name, description and place of residence of the tenant/sub-tenant) Whereas Shri 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 (ff) of sub-section (1) of the section 3.You are hereby summoned to appear before the Controller within fifteen days of the service hereof and to obtain the leave of the Controller tocontest the application for eviction on the ground aforesaid, in default whereof, the applicant will be entitled at any time after the expiry of the said period of fifteen days to obtain an order for your eviction from the said premises. Leave to appear and contest the application may be obtained on an application to the Controller supported by an affidavit as is referred to in sub-section (5) of section 29B. Gi
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