O

GOVERNMENT OF WEST BENGAL

LAW DEPARTMENT
Legislative
West Bengal Act XXXVII of 1997
THE WEST BENGAL PREMISES TENANCY
ACT, 1997.
[Passed by the West Bengal Legislature.]

[Assent of the President of India was first published in the Calcutta

Gazette, Extraordinary, of the 28th December, 1998.]

[28th December, 1998.]

An Act to provide for the regulation of certain incidents of tenancy of

premises in Calcutta, Howrah and some other areas in West Bengal.

WHEREAS it is expedient to provide for the regulation of certain

incidents of tenancy of premises in Calcutta, Howrah and some other areas
in West Bengal;

It is hereby enacted in the Forty-eighth Year of the Republic of

India, by the Legislature of West Bengal, as follows:—

CHAPTER I
Preliminary

1. (1) This Act may be called the West Bengal Premises Tenancy Short title,
commence-
Act, 1997. ment and
extent.
(2) It shall come into force on such date as the State Government
may, by notification, appoint.

(3) It extends to the areas included within the limits of the Calcutta
Municipal Corporation and the Howrah Municipal Corporation and to the
West Ben. municipal areas within the meaning of the West Bengal Municipal Act,
Act XXII of 1993:
1993.

Provided that the State Government may, by notification, extend

this Act or any provision thereof to any other area specified in the
notification, or may, by notification, exclude any area from the operation
of this Act or any provision thereof.

325
 The West Bengal Premises Tenancy Act, 1997.
[West Ben. Act
(Chapter 1.—Preliminary.—Section 2.)

Definitions. 2. In this Act, unless there is anything repugnant in the subject or

context,—
(a) "Controller" means a Controller appointed under sub-
section (1) of section 38, and includes an Additional Controller
or Deputy Controller appointed under sub-section (2) of that
section;
(b) "fair rent" means the rent fixed under section 17;
(c) "landlord" includes any person who, for the time being, is
receiving, or is entitled to receive, the rent for any premises,
whether on his own account or on account of, or on behalf of,
or for the benefit of, any other person or as a trustee, guardian
or receiver for any other person or who would so receive the
rent or be entitled to receive the rent, if the premises were let
to a tenant;
(d) "notification" means a notification published in the Official
Gazette;
(e) "premises" means any building or part of a building or any hut
or part of a hut let separately, and includes—
(i) the gardens, grounds and out-houses, if any, appertaining
thereto, and
(ii) any furniture supplied by the landlord, or any fittings or
fixtures affixed, for the use of the tenant in such building
or part of a building or hut or part of a hut,
but does not include a room in a hotel•or a lodging house;
(f) "prescribed" means prescribed by rules made under this Act;
(g) "tenant" means any person by whom or on whose account or
behalf the rent of any premises is or, but for a special contract,
would be payable, and includes any person continuing in
possession after termination of his tenancy and, in the event of
death of any tenant, also includes, for a period not exceeding
five years from the date of death of such tenant or from the date
of coming into force of this Act, whichever is later, his spouse,
son, daughter, parent and the widow of his predeceased son,
who were ordinarily living with the tenant up to the date of death
of the tenant as the members of his family and were dependent
on him and who do not own or occupy any residential premises,
and in respect of premises let out for non-residential purpose his
spouse, son, daughter and parent who were ordinarily living
with the tenant up to the date of his death as members of his
family and were dependent on him but shall not include any
person against whom any decree or order for eviction has been
made by a court of competent jurisdiction:

326
 The West Bengal Premises Tenancy Act, 1997.
XXXVII of 1997.]
(Chapter L—Preliminary.—Section 3.)

Provided that the time limit of five years shall not apply to
the spouse of the tenant who was ordinarily living with the
tenant up to his death as a member of his family and was
dependent on him and who does not own or occupy any
residential premises:

Provided further that the son, daughter, parent or the widow

of the predeceased son of the tenant who was ordinarily residing
with the tenant in the said premises up to the date of death of the
tenant as a member of his family and was depedent on him and
who does not own or occupy any residential premises, shall have
a right of preference for tenancy in a fresh agreement in respect
of such premises. This proviso shall apply mutatis mutandis to
premises let out for non-residential purpose.

3. Nothing contained in this Act shall apply to— Exemption.

(a) any premises owned by—

(i) the Central Government, or
(ii) any State Government, or
(iii) a Government undertaking or enterprise, or
(iv) a statutory body which is not a local authority, or
2 of 1924. (v) a Cantonment Board constituted under the Cantonments
Act, 1924, or
(vi) a local authority;
(b) any tenancy created by the Central Government or any State
Government in respect of the premises taken on lease or
requisitioned by that Government;
16 of 1908. (c) any tenancy where the lease has been registered under the
Registration Act, 1908, before or after the commencement of
this Act;
(d) any premises rented to a foreign mission or international agency;
(e) any premises let out for residential purpose, not being a premises
within the purview of clause (c), which carries more than—
(i) two thousand rupees as monthly rent in the areas included
within the limits of the Calcutta Municipal Corporation or
the Howrah Municipal Corporation, or
(ii) one thousand rupees as monthly rent in other areas to
which this Act extends;

327
 The West Bengal Premises Tenancy Act, 1997.
[West Ben. Act
(Chapter 11—Obligation of landlord and tenant.—Sections 4, 5.)

(f) any premises let out for non-residential purpose, which carries
more than—
(i) three thousand rupees as monthly rent in the areas included
within the limits of the Calcutta Municipal Corporation or
the Howrah Municipal Corporatin, or
(ii) one thousand and five hundred rupees as monthly rent in
other areas to which this Act extends.
Explanation.—Where any premises is let out partly for
residential purpose and partly for non-residential purpose,
the provisions of clause (f) shall apply to such premises in
proportion to respective areas.

CHAPTER II

Obligation of landlord and tenant

Obligations 4. (1) Every landlord_ or his authorised agent shall issue a written
of landlord.
receipt in the prescribed form signed by him forthwith on receipt of the
amount of rent and the charges relating to the maintenance of premises
from the tenant.
(2) Every landlord shall be bound to keep the premises in good and
tenantable condition.
(3) Every landlord shall be bound to take measures for due main-
tenance of essential supply or service comprised in the 'tenancy.
(4) No landlord shall claim, demand or receive any premium or
other consideration whatsoever for giving his consent to the subletting
of whole or any part of the premises held by the tenant.

Obligations 5. (1) Every tenant shall pay rent to the landlord or his authorised
of tenants. , agent within the prescribed period.
(2) Every tenant shall use the premises for the purpose for which it
was let out to him.
(3) Every tenant shall allow the landlord or his authorised agent to
enter upon the premises and inspect the condition thereof after the service
of a notice on him by the landlord or his authorised agent in this behalf.
(4) No tenant shall make any addition to or alteration in the premises
without the written consent of the landlord.
(5) No tenant shall sublet the premises without consent of the land-
lord in writing.

328
 The West Bengal Premises Tenancy Act, 1997.
XXXVII of 1997.]
(Chapter 111—Control of eviction of tenants.—Section 6.)

(6) No tenant shall, without the previous consent in writing of the

landlord, transfer or assign his right in the tenancy or any part thereof.
(7) Every tenant shall pay the charges relating to the maintenance
and amenities of the premises at the rate of ten per cent of the fair rent or
agreed rent, as the case may be.

CHAPTER III

Control of eviction of tenants

6. (1) Notwithstanding anything to the contrary contained in any Protection of
other law for the time being in force or in any contract, no order or decree tenant
against
for the recovery of the possession of any premises shall be made by the eviction.
Controller in favour of the landlord against the tenant, except on an
application made to him by the landlord in the prescribed manner on one
or more of the following grounds:—
(a) where the tenant has sublet, assigned or otherwise parted with
the possession of whole or any part of the premises without
obtaining the consent in writing of the landlord or the tenant
has used the premises for a purpose other than that for which it
was let out without obtaining the consent in writing of the
landlord;
(b) where the tenant has made default in payment of rent for three
months within a period of twelve months, or for three rental
periods within a period of three years where the rent is not
payable monthly;
(c) where the premises is required by the landlord for the purpose
of building or rebuilding or for making substantial addition or
alteration thereto and such building or rebuilding or substantial
addition or alteration cannot be carried out without the premises
being vacated;
(d) where the premises is required by the landlord for his own
occupation if he is the owner or for the occupation of any person
for whose benefit the premises is held and the landlord or such
person is not in possession of any suitable accommodation within
the same Municipal Corporation or Municipality or within ten
kilometres from such premises in any other area where this Act
extends;
(e) where the tenant has given notice to quit but has failed to
deliver vacant possession of the premises to the landlord in
accordance with such notice;

329
 The West Bengal Premises Tenancy Act, 1997.
[West Ben. Act
(Chapter M.—Control of eviction of tenants.—Section 6.)

(f) where the tenant or any person residing in the premises let out
to the tenant has done any act contrary to the provisons of
clause (m), clause (n) or clause (o) of section 108 of the Transfer 4 of 1882.
of Property Act, 1882;
(g) where the tenant has been using the premises or any part thereof
or allowing the premises or any part thereof to be used for
immoral or illegal purpose;
(h) where the tenant is guilty of any act of waste or of any negligence
or default resulting in material deterioration of the condition of
the premises;
(i) where the tenant or any person residing in the premises let out to
the tenant has been guilty of conduct which is a nuisance or
causes annoyance to the neighbours including the landlord;
(j) where the tenant has acquired or constructed, or has been
allotted, a house or flat, provided a moratarium for one year is
allowed for vacating the premises;
(k) where the landlord is a member of the Armed Forces of the
Union of India and requires it for occupation of his family and
produces a certificate of the prescribed authority referred to in
section 7 of the Indian Soldiers (Litigation) Act, 1925, that he is 4 of 1925.
serving under special conditions within the meaning of section 3
of that Act or is posted in a non-family area;
(1) where the tenant, or his spouse, or son, or daughter, or parent,
or the widow of his predeceased son, who is dependent on him,
does not reside in the premises for the most part of a year and
keeps the premises under lock and key.
(2) Where a landlord has acquired his interest in the premises by
transfer, no proceeding for the recovery of possession of the premises on
the ground of requirement for building or rebuilding or addition or
alteration or requirement for own occupation shall be instituted by the
landlord before the expiration of a period of one year from the date of
acquisition of such interest.
(3) Where the landlord requires the premises on the ground of building
or rebuilding or addition or alteration or for his own occupation and the
Controller is of the opinion that such requirement may be substantially
satisfied by ejecting the tenant or a sub-ten.ant from a part of the premises
and allowing the tenant or the sub-tenant to continue in occupation of the
rest of the premises, then, if the tenant or the sub-tenant agrees to such
occupation, the Controller shall pass a decree accordingly and fix the
proportionate rent for the portion remaining in the occupation of the tenant

330
 The West Bengal Premises Tenancy Act, 1997.
XXXVII of 1997.]
(Chapter 111.—Control of eviction of tenants.—Section 7.)

or the sub-tenant. The rent so fixed shall be deemed to be the fair rent for
the purposes of this Act. If the tenant does not agree, but the sub-tenant
agrees, to such occupation, no decree or order for ejectment shall be
passed against the sub-tenant who shall become, with effect from the date
of the decree or order, a tenant directly holding under the landlord.
(4) Notwithstanding anything in any other law for the time being in
force, no proceeding for the recovery of possession of any premises on any
of the grounds as aforesaid, except on the ground mentioned in clause (e)
of sub-section (1), shall be instituted by the landlord unless he has given
to the tenant one month's notice expiring with a month of the tenancy.
(5) Notwithstanding anything contained in this Act or in any other
law for the time being in force, no suit or proceeding shall be instituted
by the landlord within two years from the date of commencement of this
Act for recovery of possession of any premises to which the provisions
West Ben. of the West Bengal Premises Tenancy Act, 1956 did apply but the
Act XII of
1956. provisions of this Act do not apply.

7. (1) (a) On a proceeding being instituted by the landlord for When a

tenant can
eviction on any of the grounds referred to in section 6, the tenant shall, get the
subject to the provisions of sub-section (2) of this section, pay to the benefit of
protection
landlord or deposit with the Controller all arrears of rent, calculated at the against
rate at which it was last paid and up to the end of the month previous to eviction.
that in which the payment is made together with interest at the rate of
ten per cent per annum.
(b) Such payment or deposit shall be made within one
month of the service of summons on the tenant or, where he appears in
the proceeding without the summons being served upon him, within one
month of his appearance.
(c) The tenant shall thereafter continue to pay to the land-
lord or deposit with the Controller month by month by the 15th of each
succeeding month, a sum equivalent to the rent at that rate.
(2) If in any proceeding referred to in sub-section (1), there is any
dispute as to the amount of the rent payable by the tenant, the tenant shall,
within the time specified in that sub-section, deposit with the Controller
the amount admitted by him to be due from him together with an
application for determination of the rent payable. No such deposit shall
be accepted unless it is accompanied by an application for determination
of the rent payable. On receipt of the application, the Controller shall,
having regard to the rate at which rent was last paid and the period for

331
 The West Bengal Premises Tenancy Act, 1997.
[West Ben. Act

(Chapter IV.—Recovery of immediate possession.—Sections 8, 9.)

which default may have been made by the tenant, make, as soon as
possible within a period not exceeding one year, an order specifying
the amount, if any, due from the tenant and, thereupon, the tenant
shall, within one month of the date of such order, pay to the landlord
the amount so specified in the order:
Provided that having regard to the circumstances of the case, an
extension of time may be granted by the Controller only once and the
period of such extension shall not exceed two months.
(3) If the tenant fails to deposit or pay any amount referred to in sub-
section (1) or sub-section (2) within the time specified therein or within
such extended time as may be granted, the Controller shall order the
defence against delivery of possession to be struck out and shall proceed
with the hearing of the proceeding.
(4) If the tenant makes deposit or payment as required by sub-
section (1) or sub-section (2), no order for delivery of possession of the
premises to the landlord on the ground of default in payment of rent by
the tenant, shall be made by the Controller, but he may allow such cost
as he may deem fit to the landlord:
Provided that the tenant shall not be entitled to any relief under this
sub-section if, having obtained such relief once in respect of the premises,
he again makes default in payment of rent for four months within a
period of twelve months or for three successive rental periods where
rent is not payable monthly.

CHAPTER IV

Recovery of immediate possession

Chapter IV 8. The provisions of this Chapter or the rules made thereunder shall
to have have effect notwithstanding anything inconsistent therewith contained
overriding
effect. , elsewhere in this Act or in any other law for the time being in force.

Right to 9. (1) Notwithstanding anythirig contained elsewhere in this Act

recover
immediate or any other law for the time being in force or in any contract to the
possession. contrary, the right to recover immediate possession of any premises let
out shall accrue to the landlord who—
(a) is a Government employee or retired Government employee,
(b) is in occupation of any residential premises allotted to him by
his employer,

332
 The West Bengal Premises Tenancy Act, 1997.
XXXVII of 1997.]
(Chapter IV—Recovery of immediate possession.—Section 9.)

(c) is required by, or in pursuance of, an order made by his

employer to vacate such residential accommodation or, in
default, to incur certain obligations on the ground that he owns
a residential accommodation either in his own name or in the
name of his wife or dependent child at or near the place of
posting, and
(d) has requirement of the premises for his own occupation.
(2) Where the landlord is a released or retired person from the Army,
Navy or Air Force or will retire within a period of less than one year as
a member of the Army, Navy or Air Force and the premises let out by
him are required for his own occpation or where the landlord is the parent
or wife of a member of the Army, Navy or Air Force who dies while in
service or within five years of retirement and the premises let out by such
member are required for the occupation of the family of such member,
the landlord may apply to the Controller for recovery of immediate
possession of such premises.
(3) Whenever any application is filed before the Controller by a
landlord under sub-section (1) or sub-section (2), the Controller shall
issue summons in the form specified in Schedule I, provided that—
(a) where the landlord has retired or will retire within a period of
less than one year as a member of the Army, Navy or Air Force,
a certificate by the Area or Sub-Area Commander within whose
jurisdiction the premises is situated or by the head of his service
or by his Commanding Officer that he retired or will retire as
such member and that he requires the premises for his own
occupation or for the occupation of his family after retirement, or
(b) where the landlord is the parent or wife of such member of the
Army, Navy or Air Force, a certificate by the Area or Sub-Area
Commander within whose jurisdiction the premises is situated
or the Area or Sub-Area Commander under whom such member
serves that he or she is the parent or wife, as the case may be,
of such member of the Army, Navy or Air Force, and that he or
she requires the premises for his or her occupation or for the
occupation of his or her family after the retirement of such
member,
shall be produced before the Controller while filing the application.
Explanation.—For the purposes of this sub-section, Area or Sub-
Area Commander shall include (a) in the case of persons retired from
the Navy, Flag Officer Commanding and Chief of Naval Command
and (b) in the case of persons retired from the Air Force, the Air Force
Station Commander.

333
 The West Bengal Premises Tenancy Act, 1997.
[West Ben. Act

(Chapter IV.—Recovery of immediate possession.—Section 9.)

(4) In addition to, and simultaneously with, the issue of summons

for service on the tenant and the sub-tenant, if any, the Controller
shall also direct the summons to be served by registered post with
acknowledgement due, duly addressed to the tenant and the sub-tenant
or their agents empowered to accept the service at the place
where the tenant and the sub-tenant or their agents actually and voluntarily
reside or carry on business or personally work for gain and
may, if the circumstances of the case so require, also direct the
publication of the summons in a newspaper circulating in the locality
in which the tenant and the sub-tenant are last known to have resided
or carried on business or personally worked for gain.
(5) When acknowledgement purporting to be signed by the tenant
and the sub-tenant or their agents is received by the Controller or the
registered article containing the summons is received back with endorse-
ment purporting to have been made by a postal employee to the effect
that the tenant and the sub-tenant or their agents refused to take delivery
of the registered article, the Controller may declare that there has been
valid service of the summons.
(6) The tenant and the sub-tenant on whom the summons is duly
served, shall not contest the prayer for eviction from the premises unless
they file an affidavit within two months of service of summons stating the
ground on which they seek to contest the application for eviction and
obtain leave from the Controller and, in default of their appearance in
pursuance of the summons or their obtaining such leave, the statement
made by the landlord in the application for eviction shall be deemed to
be admitted by the tenant and the sub-tenant and the applicant shall be
entitled to an order for eviction on the basis of the statement as aforesaid.
(7) The Controller shall, within fifteen days from the date of filing
of the affidavit by the tenant or the sub-tenant, as the case may be, grant
to the tenant or the sub-tenant leave to contest the application if the
affidavit filed by the tenant or the sub-tenant discloses such facts as
would disentitle the landlord from obtaining an order for recovery of
possession of the premises on the ground specified in clause (d) of sub-
section (1) of section 6.
(8) Where leave is granted to the tenant or the sub-tenant to contest the
application, the Controller shall commence hearing of the application on
a date not later than one month from the date of grant of the leave as
aforesaid and shall conclude the hearing and give his decision within three
months from the date of commencement of hearing.
(9) Where the Controller decides at the conclusion of the hearing that
the tenant or the sub-tenant of any premises shall put the landlord in
possession of the said premises, he shall direct the tenant or the sub-tenent,

334
 The West Bengal Premises Tenancy Act, 1997.
XXXVII of 1997.]
(Chapter V.—Restoration of possession and compensation.—Section 10.)

as the case may be, to put the said landlord in possession of the said
premises within such period, not exceeding six months from the date of
decision, as he thinks reasonable.
(10) The Controller shall, while holding an inquiry in a proceeding,
follow the practice and procedure of a Court of Small Causes including the
recording of evidence. An order passed by the Controller shall be executed
in such manner as may be prescribed.
(11) The provisions of sub-section (3) and sub-section (4) of section 6
shall, as far as possible, be applied to a proceeding under this Chapter but
nothing contained in sub-section (2) of section 6 shall apply to such
proceeding.
(12) No appeal shall lie against an order for the recovery of possession
of any premises made by the Controller in accordance with the
provisions of this section, provided the High Court or the Tribunal, as the
case may be, for the purpose of satisfying itself that an order made by
the Controller under this section is according to law, call for the case
and pass such order in respect thereto as it thinks fit.
(13) Where no application has been made to the High Court or the
Tribunal for revision, the Controller may exercise the power of review in
accordance with the provisions of order XLVII of the First Schedule to the
5 of 1908. Code of Civil Procedure, 1908.
(14) An order passed by the Controller shall be executed in such
manner as may be prescribed.

CHAPTER V

Restoration of possession and compensation

10. (1) Where the landlord obtains delivery of possession of any When a
premises from the tenant in pursuance of a decree obtained under clause tenant is
entitled to
(c) or clause (d) of sub-section (1) of section 6 and the building or restoration
rebuilding or addition or alteration is not commenced or the premises and
compensa-
is not occupied by the landlord or any person for whose benefit the tion.
permises is held, as the case may be, within six months of the date of
vacation of the premises by such tenant, or the premises having been so
occupied by the landlord or any person for whose benefit the premises is
held, is re-let within five years of the date of such occupation to any
person other than such tenant without the permission of the Controller
obtained in the prescribed manner, the Controller may, on the application
of such tenant made within nine months of his vacating the premises
or, where the premises has been re-let within five years, within twelve
months of such re-letting and, after giving the landlord an opportunity of

335
 The West Bengal Premises Tenancy Act, 1997.
[West Ben. Act
(Chapter V.—Restoration of possession and compensation—Section 10.)

being heard, by order direct the landlord to put such tenant in possession
of the premises, if not re-let, within fourteen days of the date of the
order or to pay him such compensation as may be deemed adequate by
the Controller in case the premises has been re-let.
(2) If upon an order under sub-section (1),—
(a) the landlord fails or neglects to deliver possession of
the premises to the tenant within the time specified,
then, the Controller shall execute the order and put the
tenant in possession of the premises and, in that event,
the tenant shall be liable to pay fair rent in respect of the
premises from the date of taking delivery of such
possession;
(b) the tenant fails or neglects to take possession of the
premises, then, the order made by the Controller under
sub-section (1) shall stand vacated and the tenant shall
be liable to pay the landlord by way of compensation a
sum equivalent to the fair rent of the premises calculated
from the date of his application under sub-section (1) up
to the date on which the tenant should have taken
delivery of possession and such costs of the proceedings
as may be assessed by the Controller, and the Controller
shall make an order accordingly.
(3) Without prejudice to the provisions of sub-section (1), where
the landlord obtaining delivery of possession of any premises from the
tenant in pursuance of a decree made on the ground mentioned in
clause (a) of sub-section (1) of section 6 was, at the time of obtaining
such delivery of possession, in occupation of some other premises as
owner thereof, he shall not, within five years from the date of his
obtaining such delivery of possession, let such other premises to any
person other than the tenant from whom such delivery of possession
had been obtained, except with the permission of the Controller
obtained in the prescribed manner and, in case the landlord lets such
other preMises to any person other than such tenant in contravention of
the provisions of this sub-section, the Controller may, on the application
of such tenant made within six months of such letting and after giving
the landlord an opportunity of being heard, by order, direct the landlord
to pay to such tenant such compensation as may be deemed adequate
by the Controller in the circumstances of the case.

336
 The West Bengal Premises Tenancy Act, 1997.
XXXVII of 1997.]
(Chapter V.—Restoration of possession and compensation.—
Sections 11, 12.—Chapter VI.—Provision regarding rent.—
Section 13.)

Restoration 11. (1) Where the Controller passes a decree for the recovery of
of tenancy possession of any premises on the ground mentioned in clause (c) of sub-
where decree
for recovery section (1) of section 6, he shall specify the period within which the
of possession building or rebuilding of, or addition to, or alteration of, such premises
is passed shall be completed and may, on the application of the landlord, extend
under clause
(c) of sub- such period from time to time for good and sufficient reasons, provided
section (1) the aggregate of such periods shall not exceed two years.
of section 6.
(2) On the completion of building or rebuilding of, or addition to, or
alteration of, such premises, the Controller may, on the application of the
tenant, who has been evicted from such premises, made within three
months of the date of such completion and after giving the landlord an
opportunity of being heard, by order direct the landlord to deliver to such
tenant possession of such premises or such part thereof as the Controller
may specify in his order within fourteen days of the date of the order.
(3) If upon an order under sub-section (2), the landlord fails or
neglects to deliver possession of such premises or such part thereof as is
specified in the order to the tenant within the time specified, then, the
Controller shall execute the order and put the tenant in possession of such
premises or such part thereof.
(4) The tenant shall be liable to pay fair rent in respect of such
premises or such part thereof from the date of delivery of such possession
under sub-section (2) or sub-section (3), as the case may be. ,

Provisions 12. (1) Every tenant, who is in possession of any premises to

regarding which this Act applies, shall observe all the terms and conditions of the
notice of
giving np contract creating the tenancy and shall be entitled to the benefits thereof so
possession far as such terms and conditions are consistent with the provisions of this
by tenants Act.
under
contracts. (2) Notwithstanding anything in any other law for the time being in
force, a tenant may give up possession of the premises on giving such
notice as is required under the contract creating the tenancy. In the absence
of any provision in the contract relating to notice or when there is no
contract, the tenant may give up possession of the premises on giving not
less than one month's notice expiring with a month of the tenancy.

CHAPTER VI
Provision regarding rent
Rent in 13. (1) (a) No tenant shall, notwithstanding any agreement to the
excess of fair
rent not contrary, be liable to pay to the landlord for the occupation of any premises
chargeable. any amount in excess of fair rent of the premises, unless such amount is
lawful increase of the fair rent in accordance with the provision of this Act.
(b) Subject to the provisions of clause (a), any agreement for payment
of rent in excess of fair rent shall be construed as an agreement for the
payment of fair rent only.

337
 The West Bengal Premises Tenancy Act. 1997.
[West Ben. Act
(Chapter VI.—Provision regarding rent.—Sections 14-17.)

(2) Fair rent shall be paid within the time fixed by the contract or,
in the absence of any such contract, by the fifteenth day of the next
month following the month for which it is payable, provided the tenant
may pay the rent payable for any month at any time during such month
before it falls due.

Restriction 14. (1) No person shall, in consideration of the grant, renewal or

on claim,
demand or continuance of a tenancy of any premises,—
receipt of (a) claim, demand or receive any sum as premium, or claim,
premium or
other
demand or receive any consideration whatsoever, in cash
consider- or in kind in addition to rent;
ation. (b) except with the previous permission of the Controller,
claim, demand, or receive the payment of, any sum
exceeding one month's rent of such premises as rent in
advance.
(2) It shall not be lawful for the tenant or any other person acting on
behalf of the tenant to claim or receive any payment in consideration of the
relinquishment, transfer or assignment of his tenancy, as the case may be,
of any premises.
Restriction 15. (1) No landlord shall make the purchase by any person of any
on the sale of
furniture in furniture in any permises a condition for the grant, renewal or continuance
any premises of the tenancy of such premises.
let lo a
tenant. (2) No person shall publish, orcause to be published, in any newspaper
or otherwise any advertisement—
(a) for the purchase by any person of any furniture, or
(b) for the payment of any sum exceeding one month's rent in
advance,
except with the previous permission of the Controller, as a condition for
the letting of any premises.
Refund of
rent, 16. Where any sum or other consideration has been paid by or on
premium, behalf of the tenant to a landlord in contravention of any of the provisions
etc. not of this Act, the Controller may, on application made to him within a
chargeable
under this period of six months from the date of such payment, by order, direct the
Act. landlord to refund such sum or the value of such consideration to the
tenant or to adjust such sum or the value of such consideration against
the rent payable by the tenant.
Fixation of 17. (1) The Controller shall, on application made to him either by
fair rent.
the landlord or by the tenant in the prescribed manner, fix the fair rent in
respect of any permises in accordance with the provisions of this Act.
(2) The fair rent for a year in respect of any premises constructed and
let out after the year 1984, shall be fixed on the basis of ten per cent of
cost of construction of the premises and the market value of the land at the
time of commencement of the construction.

338
 The West Bengal Premises Tenancy Act, 1997.
XXXVII of 1997.]
(Chapter VI.—Provision regarding rent.—Section 18.)

Explanation.— The cost of construction of a premises shall include

the cost of water supply and sanitary and electric installation and shall
be determined with due regard to the rates adopted for the purpose of
estimate by the Public Works Department of the State Government for
the area concerned. The Controller may allow or disallow the variation
of estimates up to ten per cent, having regard to the nature of the
premises:
Provided that while calculating the market value of the site on
which the premises was constructed, the Controller shall take into account
only the portion of the site on which the premises was constructed and
sixty per cent of the portion of the vacant land, if any, appurtenant to
such premises, the excess portion of the vacant land being treated as
amenity,
(3) Where a tenancy subsists for twenty years or more in respect
of the premises constructed in or before the year 1984, the fair rent
shall be determined by adding to the rent as on 1.7.1976 not more than
three times, and then deducting the increase if any, in the manner
provided in Schedule II, or by accepting the existing rent if such rent is
more than the increased rent determined according to that Schedule.
(4) Where a tenancy subsists for ten years or more but less than
twenty years in respect of the premises constructed in or before the year
1984, the fair rent shall be determined by adding to the rent as on
1.7.1986 not more than two times, and then deducting the increase if
any, in the manner provided in Schedule III, or by accepting the existing
rent if such rent is more than the increased rent determined according to
that Schedule.
(5) Where at the commencement of this Act, any proceeding is
pending for fixation of the fair rent of such premises under the West
West Ben. Bengal Premises Tenancy Act, 1956, the rent fixed under the said
Act XII of
1956. .proceeding shall be the fair rent under this Act.
(6) Where none of the foregoing provisions of this section apply
to any premises, the fair rent shall be such as would be reasonable,
having regard to the situation, locality and condition of the premises
and the amenities provided therein and, where there are similar or nearly
similar premises in the locality, having regard also to the rent payable
in respect of such premises.

18. The fair rent initially fixed shall be automatically increased by Revision of
fair rent.
five per cent every three years:
Provided that the State Government may issue notification varying
such rate of increase every four years from the date of commencement
of this Act.

339
 The West Bengal Premises Tenancy Act, 1997.
[West Ben. Act
(Chapter VI.—Provision regarding rent.—Sections 19-21.)

When fair 19. When in fixing the fair rent or revising the fair rent, the rent which
rent fixed
by the was being paid at the time of application is—
Controller
takes effect. (a) decreased by the Controller, the rent so fixed shall be
payable from the month of tenancy next after the date of
application, and the excess amount paid, if any, shall be
recoverable by instalment or otherwise as the Controller
may, be order, direct;
(b) increased by the Controller, the rent so fixed shall be
payable from the month of tenancy next after the date of
application, and the additional amount payable on account
of the increase up to and including the month of tenancy
immediately preceding the month in which the order is
passed, shall be recoverable by the landlord by such
instalments or otherwise as the Controller may, by order,
direct.

Notice of • 20. Where a landlord intends to increase the rent of any premises,
increase of
rent. he shall give to the tenant the notice of his intention so to do in so far as
such increase is permissible under this Act; the increase of rent shall be
due and recoverable from the month or period of tenancy next after the
expiry of thirty days from the date on which the notice is given.

Deposit of 21. (1) Where the landlord does not accept any rent tendered
rent by
tenant. by the tenant within the prescribed period, the tenant shall remit the rent
to the landlord by postal money order within fifteen days of such refusal.
(2) Where any tenant remits rent to the landlord by postal money
order within the prescribed period and it is returned to the tenant by the
postal authority as undelivered, either on account of the landlord having
refused to accept the payment thereof or for any other- reason, the tenant
may deposit such rent with the Controller within fifteen days from the
date on which it is so returned to the tenant.
(3) Where there is a bona fide doubt as to the person or persons
to whom rent -is payable, the tenant may deposit such rent with the
Controller in the prescribed manner.
(4) The deposit shall be accompanied by an application supported
by an affidavit by the tenant stating—
(a) the premises for which the rent is to be deposited and descrip-
tion of the premises sufficient for identifying the same;

340
 The West Bengal Premises Tenancy Act, 1997.
XXXVII of 1997.]
(Chapter W.—Provision regarding rent.—Section 22.)

(b) the period for which the rent is to be deposited;

(c) the name and address of the landlord or the person or persons
claiming to be entitled to such rent;
(d) the reasons for, and the circumstances of, application for deposit
of the rent.
(5) The tenant shall also produce for scrutiny by the Controller
the last rent receipt and money order form returned by the postal
authority. In the case of deposit of rent for successive months during
any continuous period, no affidavit in support of the application shall
be required after the first deposit, if the reasons and the circumstances
which led the tenant to make the first deposit remain the same.
(6) The application shall be accompanied by as many true copies
thereof as there are landlords or persons claiming the rent along with
the prescribed fee for sending such copy or copies to the landlords or
such persons by registered post with acknowledgement due.
(7) On such deposit of the rent, the Controller shall send in the
prescribed manner the copy or copies of the application to the landlords
or persons claiming to be entitled to the rent with an endorsement
showing the date of deposit, such endorsement being authenticated by
the seal of the office, and the signature, of the Controller or some other
officer authorised by him in this behalf. Such authenticated copy of the
application shall be admissible in evidence in any court.
(8) Where rent for any month has been deposited on the ground
that postal money order was returned, then the tenant may, without
further tender of rent by postal money order to the landlord, continue to
deposit the rent with the Controller for subsequent months or periods
unless the landlord signifies by notice in writing to the tenant his
willingness to accept the rent if tendered to him within the prescribed
period.

22. (1) No rent deposited with the Controller shall be considered The time
to have been validly deposited under section 21 unless deposited within limit for
making
fifteen days of the time fixed by any contract in writing for payment of deposit and
the rent or, in the absence of any such contract in writing, unless consequence
of incorrect
deposited within the last day of the month following the month for particulars
which rent was payable, provided where any rent remitted to the landlord in application
for deposit.
by postal money order within the prescribed period is returned to the
tenant by the postal authority as undelivered or on account of the landlord
having refused to accept the rent or for any other reason, such rent may
also be validly deposited within fifteen days from the date on which it
is so returned to the tenant.

341
 The West Bengal Premises Tenancy Act, 1997.
[West Ben. Act
(Chapter VL—Provision regarding rent.—Sections 23-25.—
Chapter VII.—Sub-tenancies.—Section 26.)

(2) No deposit of rent shall be considered to have validly made for the
purpose of section 22, if the tenant wilfully or negligently makes any false
statement in his application for depositing the rent unless the landlord has
withdrawn, or makes an application in the prescribed form to withdraw,
the amount deposited before the date of institution of proceeding for the
recovery of possession of the premises from the tenant.
(3) If the rent is deposited in accordance with the provisions. of sub-
section (1) and does not cease to be a valid deposit under that sub-section,
the deposit shall constitute the payment of rent to the landlord as if the
amount deposited has been a valid legal tender of rent to the landlord on
the date fixed by contract for payment of the rent when there is such a
contractor, in the absence of any contract, on the fifteenth day of the month
next following the month for which the rent is payable.

Payment of 23. If an application is made in the prescribed manner for the

rent.
withdrawal of any deposit of rent, the Controller shall, if he is satisfied that
the applicant is the person entitled to receive the rent deposited, by order,
direct the payment of the amount of the rent to him:
Provided that no such order for payment of any deposit of rent shall be
made by the Controller without giving all persons named by the tenant in
his application for deposit of rent as claiming to be entitled to the payment
of such rent, an opportunity of being heard, and such order shall be without
prejudice to the right of such person to receive such rent being decided by
a court of competent jurisdiction.

Savings as to 24. The withdrawal of rent deposited in the prescribed manner shall
acceptance of
rent. not operate as an admission against the person withdrawing it of the
correctness of the rent or the rate thereof, the period of default, the amount
due or any other fact stated in the application of the tenant for depositing
the rent under sub-section (1) of section 22, nor shall it operate as a waiver
of any notice to quit given by him to the tenant.

Where there 25. Where there is no proceeding pending for the recovery of
shall be a
waiver of possession of the premises, the acceptance of rent in respect of the period
default. of default in payment of the rent by the landlord from the tenant shall
operate as a waiver of such default.

CHAPTER VII
Sub-tenancies
Creation and 26. (1) Where after the commencement of this Act, any premises
termination
of sub- is sublet, either in whole or in part, by the tenant with the previous consent
tenancy to be in writing of the landlord, the tenant and every sub-tenant to whom the
notified. premises is sublet, shall give notice to the landlord in the prescribed
manner of the creation of the sub-tenancy within one month from the date

342
 The West Bengal Premises Tenancy Act, 1997.
XXXVII of 1997.]
(Chapter V111.—Penalties.—Section 27.)

of such subletting and shall, in the prescribed manner, notify the termination
of such sub-tenancy within one month of such termination.
(2) Where before the commencement of this Act, the tenant has,
with or without the consent of the landlord, sublet any premises either in
whole or in part, the tenant and every sub-tenant to whom the premises has
been sublet, shall give notice to the landlord of such subletting in the
prescribed manner within six months of the commencement of this Act
and shall, in the prescribed manner, notify the termination of such sub-
tenancy within one month of such termination.
(3) Where in any case referred to sub-section (2), there is no
consent in writing of the landlord, and the landlord denies that he gave
any oral consent, the Controller shall, on an application made to him in
this behalf either by the landlord or by the sub-tenant within two months
of the date of receipt of the notice of subletting by the landlord or
the issue of the notice by the sub-tenant, as the case may be, by order,
declare that the interest of the tenant in so much of the premises as
has been sublet shall cease and that the sub-tenant shall become a tenant
directly under the landlord from the date of the order. The Controller shall
also fix the rents payable by the tenant and the sub-tenant to the landlord
from the date of the order. Rent so fixed shall be deemed to be the
fair rent for the purposes of this Act.

CHAPTER VIII
Penalties

27. (1) No landlord, either himself or through any person Penalty for
cutting off or
purporting to act on his behalf, shall, without any prior permission of the withholding
of essential
Controller, cut off or withhold any essential supply or service enjoyed supply or
by the tenant in respect of the premises let out to him. service.

(2) If the landlord contravenes the provisions of sub-section (1), the

tenant may make an application to the Controller complaining of such
contravention within six months.
(3) (a) If the Controller is satisfied that the essential supply 'or
service was cut off or withheld by the landlord or his agent, the Controller
may pass an order directing the landlord to restore such supply or service
immediately pending the inquiry referred to in sub-section (4).
(b) Notwithstanding anything contained in clause (a), the Controller
may pass an interim order without giving any notice to the landlord.
(4) If the Controller, on inquiry, finds that the essential supply or
service enjoyed by the tenant in respect of the premises was cut off or
withheld by the landlord without prior permission of the Controller, he
shall pass an order directing the landlord to restore such supply or service.

343
 The West Bengal Premises Tenancy Act, 1997.
[West Ben. Act
(Chapter VIII.—Penalties.—Sections 28-31.)

(5) The Controller may direct that compensation, not exceeding five
thousand rupees, be paid—
(a) to the landlord by the tenant, if the application was made
frivolously or vexatiously, or
(b) to the tenant by the landlord, if the landlord or his agent had
cut off or withheld such supply or service without prior
permission of the Controller.
Explanation I.— "Essential supply or service" shall include supply
of water, electricity, light in passage, staircase, and conservancy and
sanitary service.
Explanation II.— For the purposes of this section, "withholding of
essential supply or service" shall include acts or omissions attributable
to the landlord, on account of which the essential supply or service is
cut off by the local authority or any other competent authority.
Penalty for 28. (1) Whoever contravenes any of the provisions of section 13
charging rent shall, on a complaint made to the Controller by the party aggrieved,
in excess of
fair rent. be liable to a fine which may extend to five times the amount or the
value of the consideration claimed or demanded or received in excess of
the fair rent for the first occasion and, for the second or subsequent
occasion, to a fine which may extend to ten times the amount of such
excess.
(2) Whoever contravenes any of the provisions of section 15 shall, on
the complaint made to the Controller by the party aggrieved or by the State
Government, be liable to a fine which may, for the first occasion, extend
to twice the value of the furniture and, for the second or subsequent
occasion, extend to four times such value.
Penalty for 29. Whoever contravenes the provisions for restriction on subletting
contravention
of provisions - shall, on a complaint made to the Controller, be liable to a fine which may
for restriction extend to five thousand rupees.
subletting.
Penalty for 30. Any tenant or landlord or any other person who, in contravention
contraven- of the provisions of section 14, receives any sum or consideration for
tion of
section 14. relinquishment of tenancy or as premium or advance rent in excess of one
month's rent, as the case may be, shall, on a complaint made to the
Controller by the landlord, be liable to pay fine which may extend to fifty
thousand rupees.
Penalty for 31. Any landlord who—
contraven- (a) after obtaining the delivery of possession of any premises
tion of
provisions of from the tenant in pursuance of a decree obtained under
section 10. clause (c) of sub-section (1) of section 6, contravenes the
provision of sub-section (1) of section 10 by re-letting such
premises within five years of the date of obtaining the
delivery of possession thereof to any person other than such
tenant without the permission of the Controller, or

344
 The West Bengal Premises Tenancy Act, 1997.
XXXVII of 1997.]
(Chapter VIII.—Penalties.—Sections 32-34.—
Chapter IX.—Essential repairs.—Section 35.)

(b) contravenes the provisions of sub-section (3) of section 10 by

letting the premises, of which he was in occupation as owner
thereof at the time of obtaining the delivery of possession of
such premises from the tenant in pursuance of a decree,
within five years from the date of obtaining such delivery of
possession to any person other than the tenant from whom
such delivery of possession was obtained without the
permission of the Controller,
shall, on a complaint made to the Controller by such tenant within six
months of such letting, be liable to a fine which may extend to twenty-five
thousand rupees.
32. If the landlord refuses to deliver to the tenant a receipt for any rent Penalty for
paid by the tenant, the Controller shall, on application made in this behalf refusal by
by the tenant within two months from the date of payment and after hearing landlord to
grant receipt
the landlord, by order, direct the landlord to pay to the tenant, by way of for rent paid.
damages, such sum, not exceeding three times the amount of rent paid by
the tenant, as the Controller may determine, and the cost of application, and
shall issue a certificate to the tenant in respect of the rent paid.
33. If within thirty days from the date of receipt of the notice of Penalty for
deposit, the landlord complains to the Controller that the statement in the untrue
statement in
tenant's application of the reasons and circumstances which led him to the
deposit the rent is untrue, the Controller, after giving the tenant an application
opportunity of being heard, may levy on the tenant a fine which may extend of tenant for
deposit of
to an amount equal to two months' rent or one thousand rupees, whichever rent.
is greater, provided he is satisfied that the said satatement was materially
untrue, and may, by order, direct that a sum out of the fine realised, as may
be determined by him, be paid to the landlord as compensation.
34. The Controller may, on the complaint of the tenant and after Penalty for
giving an opportunity to the landlord of being heard, leavy on the landlord refusal to
accept rent
a fine which may extend to an amount equal to two months' rent or one without
thousand rupees, whichever is greater, if he is satisfied that the landlord, reasonable
cause.
without any reasonable cause, refused to accept the rent though tendered
to him within the prescribed period and may, by order, direct that a sum out
of the fine realised, as may be determined by him, be paid to the tenant as
compensation.
CHAPTER IX
Essential repairs
35. (1) If the landlord neglects or fails to make tenantable repair of Making of
the premises or to make measures for duemaintenance of essential supply repair and
taking of
or service comprised in the tenancy, the Controller shall, on application measures for
made to him by the tenant in possession of the premises, cause a notice to maintenance
of essential
service.

345
 The West Bengal Premises Tenancy Act, 1997.
[West Ben. Act

(Chapter IX.—Essential repairs.—Section 36.)

be served in the prescribed manner on the landlord requiring him to make

such repair or take such measures for due maintenance therein of the
essential supply or service.
(2) If after the service of notice under sub-section (1), the landlord
fails to show proper cause or neglects to make such repair or to take, within
reasonable time, such measures, as the case may be, the tenant may submit
to the Controller an estimate of the cost of such repair or measures with
application for permission to make such repair or take such measures
himself, and thereupon the Controller may, after giving the landlord an
opportunity of being heard and after considering such estimate and making
such inquiries as may be considered necessary, by order in writing,
permit the tenant to make such repair or take such measures at such cost
as may be specified in the order.
Explanation.—"Essential supply or service" shall have the same
meaning as in Explanation I to sub-section (5) of section 27.
Taking of 36. (1) If the necessity for making any repair or talcing any measure
measures referred to in section 35 is so urgent that any delay is likely to subject the
by tenant
in case of tenant to personal loss, damage or serious inconvenience, then,
emergency. notwithstanding anything contained in that section, the tenant may himself
cause the notice to be served in the prescribed manner on the landlord
requiring him to undertake such repair or take such measures within
seventy-two hours of the service of such notice.
(2) If the landlord neglects or fails to make such repair or take such
measures within seventy-two hours as aforesaid, the tenant may submit an
application along with a copy of the notice and an estimate of cost of such
repair or measures to the Controller. The Controller shall thereupon make
such inquiries as he may consider necessary about the necessity of such
repair or measures and the correctness of the estimate so submitted and, on
being satisfied, may, by order, direct the tenant to undertake such repair or
take such measures at such cost as may be specified in the order.
(3) After the completion of the repair or measures under sub-section
(2) of section 35 or sub-section (2) of this section, the tenant shall submit
to the Controller a statement of cost thereof and thereafter the Controller,
after giving the landlord an opportunity of being heard and after making
such further inquiries as may be considered necessary, may, by order in
writing, determine the amount of the cost which the tenant is entitled to
recover from the landlord and the tenant may thereupon deduct the amount
so determined from the rent or otherwise recover it from the landlord:
Provided that the amount which the tenant may so deduct or recover
in any year shall not exceed one half of the rent payable by the tenant
for that year.

346
 The West Bengal Premises Tenancy Act, 1997.
XXXVII of 1997.]
(Chapter IX.—Essential repairs.—Section 37.—Chapter X.—
Appointment of Controller and other officers.—Section 38.)

37. (1) If any landlord refuses or withholds his consent for obtaining Tenant may
get supply
a separate electric connection to a tenant, the tenant desiring to get such of electricity
supply from a licensee as defined in clause (h) of section 2 of the Indian to the
premises
9 of 1910. Electricity Act, 1910, may apply to the Controller setting out the scheme without
for such supply. permission
of the
(2) On receipt of such application, the Controller may, after giving landlord.
the landlord and the owner of the premises if he be not the landlord, an
opportunity of being heard, give permission to the tenant to get the supply
in accordance with the scheme set-out in the application or any modified
scheme.
(3) On such permission being given, the landlord or the owner, as the
case may be, shall, notwithstanding anything contained in any other law
for the time being in force, be deemed to have given the-requisite consent
under sub-section (2),of section 12 of the Indian Electricity Act, 1910, and
the licensee shall not be liable to the landlord or the owner for trespass
for the steps taken for the supply of electricity in accordance with the
provisions of this section.

CHAPTER X
Appointment of Controller and other officers
38. (1) The State Government may, by notification, appoint a Appointment
person to be the Controller for any area or part of any area to which this Act of Controller,
Additional
extends to exercise the powers and discharge the duties of the Controller Controller,
in accordance with the provisions of this Act in such area or part. Deputy
Controller
(2) The State Government may also, by notification, appoint any and
Registrar.
person to be an Additional Controller or a Deputy Controller or a Registrar
or a Deputy Registrar for any area to which this Act extends.
(3) An Additional Controller or a Deputy Controller shall exercise
such of the functions of the Controller as may, subject to the control of the
State Government, be assigned to him in writing by the Controller and in
the discharge of these functions an Additional Controller or a Deputy
Controller shall have, and shall exercise, the same powers and shall
discharge the same duties as the Controller.
(4) A Registrar or a Deputy Registrar shall exercise such of the
functions of the Controller relating to the rent deposited under section 21
as may be delegated to him by the Controller in writing.
(5) A Controller, an Additional Controller or a Deputy Controller,
appointed under this section shall be a member of the Indian Administrative
Service or Executive or Judicial Branch of the State Civil Service.

347
 The West Bengal Premises Tenancy Act, 1997.
[West Ben. Act
(Chapter X.—Appointment of Controller and other officers.—
Section 39.)

Powers of 39. (1) The Controller may transfer any proceeding pending before
Controller.
him for disposal to any Additional Controller or Deputy Controller or
withdraw any proceeding pending before any Additional Controller or
Deputy Controller and dispose of such proceeding himself or transfer such
proceeding for disposal to any other Additional Controller or Deputy
Controller.
(2) The Controller shall have the same powers as are vested in a civil
court under the Code of Civil Procedure, 1908, for the purposes of— 5 of 1908.

(a) summoning and enforcing the attendance of any person

and examining him on oath;
(b) requiring the discovery and production of document;
(c) issuing commission for examination of witness;
(d) issuing commission for local investigation;
(e) such other matters as may be prescribed.
(3) For the purposes of holding an inquiry or discharging any duty
under this Act, the Controller may,—
(a) after giving not less than twenty-four hours' 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 books or other documents relevant to the
inquiry, at such time and at such place as may be specified
in the order.
(4) The Controller may, if he thinks fit, appoint one or more person
having special knowledge of the matter under consideration as assessor or
valuer to advise him in the proceeding before him.
(5) The Controller may appoint a guardian for a minor defendant in
any proceeding pending before him.
(6) The Controller may grant temporary injunction in such cases as
may be prescribed.
(7) Any clerical or arithmetical mistake in any order passed by the
Controller or any error arising out of any accidental omission may, at any
time, be corrected by the Controller on an application received by him in
this behalf from any of the parties or otherwise.
(8) The Controller may exercise the powers of a Judicial
Magistrate for the recovery of the fine under the provisions of the
Code of Criminal Procedure, 1973. 2 of 1974.

348
 The West Bengal Premises Tenancy Act, 1997.
XXXVII of 1997.]
(Chapter X.—Appointment of Controller and other officers.—
Section 39.)

(9) Save as otherwise provided in the foregoing provisions of this

section, an order passed by the Controller under any provision of this Act
or an order passed on an appeal, revision or review therefrom shall be
executed by the Controller as a decree of a civil court and, for this purpose,
the Controller shall have all the powers of a civil court.
(10) The Controller may, for sufficient reason, direct any document or
book produced before him in any proceeding to be impounded and kept in
the custody of an officer under him for such period, and subject to such
condition, as he may think fit.
(11) The Controller may, at any stage of a proceeding, allow either
party to alter or amend his pleadings in such manner and at such time as
he may deem j ust. All such alterations or amendments as may be necessary
shall be made for the purpose of determining the question in dispute
between the parties.
(12) The Controller may, at any stage of a proceeding, either on his
own motion or upon the application of either party and on such terms as
may appear to him to be just, order that the name of any party improperly
joined be struck out and that the name of any person who ought to have
been joined, whether as a petitioner or as an opposite party or whose
presence before him may be necessary in order to enable him effectively
and completely to adjudicate upon and settle all the questions involved in
the proceedings, be added.
(13) The Controller may, for sufficient reason to be recorded in
writing, by order, require the personal appearance of either party.
(14) The Controller may set aside an order passed ex parte if the
aggrieved party files an application and satisfies him that notice was not
duly served or that he was prevented by any sufficient cause from
appearing when the case was called for hearing.
(15) The Controller may, for causing delivery of possession of any
premises to a landlord of. tenant, as the case may be, and for causing
eviction of any person in occupation of such premises, send a requisition,
in writing, to the officer-in-charge of the police station within the jurisdiction
of which the premises is situate or to any police officer superior to such
officer-in-charge in rank and, on receipt of such requisition, the officer-in-
charge or the police officer, as the case may be, shall render all necessary
and lawful assistance to the Controller for effecting the delivery of
possession of such premises.

349
 The West Bengal Premises Tenancy Act, 1997.
[West Ben. Act
(Chapter X.--Appointment of Controller and other officers.—
Sections 40-42.---Chapter XL—Appeal, revision and review.—
Sections 43, 44.)

Application 40. Subject to the provisions of this Act relating to limitation, the
of the. Lim provisions of the Limitation Act, 1963, shall apply to proceedings and 36 of 1963.
Limitation
Act, 1963 to appeals under this Act.
proceedings
and appeals.
Bar to 41. No suit, prosecution or other legal proceeding shall lie against any
proceedings. officer of the Government for anything in good faith done or intended to
be done under this Act and the rules made thereunder.-
Final 42. The hearing of every application made to the Controller under this
hearing of Act shall be completed within a period of six months unless, for reasons
applications.
to be recorded by the Controller in writing, it is not possible for him to
complete the hearing within that period.

CHAPTER XI
Appeal, revision and review

Appeal, 43. (1) An appeal shall lie from a final order of the Controller to such
revision and
review. Tribunal as the State Legislature may, by law, provide:
Provided that until a Tribunal is so provided, an appeal from the final
order of the Controller shall lie to the High Court.
(2) An appeal shall be filed within 30 days from the date of order of
the Controller.
(3) The Controller or the Tribunal shall in dealing with proceedings
under this Act be deemed to be a court for the exercise of powers under
section 151 or section 152 of, or Order XLVII of the First Schedule to, the 5 of 1908.
Code of Civil Procedure, 1908.
(4) The Controller or the Tribunal shall in dealing with the proceedings
under this Act follow such procedure as may be prescribed.
(5) Every proceeding before the Controller or the Tribunal shall be
deemed to be a judicial proceeding within the meaning of section 175,
section 193 and section 228 of the Indian Penal Code. 45 of 1860.
(6) The Controller or the Tribunal shall be deemed to be a court for the
purpose of section 195 of the Code of Criminal Procedure, 1973. 2 of 1974.
(7) The Controller shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code.

Jurisdiction . 44. No civil court shall entertain any suit or proceeding in so far as it
of civil relates to fixation of fair rent in relation to any premises to which this Act
courts barred
in respect of applies or to eviction of any tenant therefrom or to any other matter which
certain the Controller is empowered by or under this Act to decide and no
matters save injunction in respect of any action taken or to be taken by the Controller
as otherwise
expressly under this Act shall be granted by any civil court.
provided in
the Act.

350
 The West Bengal Premises Tenancy Act, 1997.
XXXVII of 1997.]
(Chapter XII.—Miscellaneous.—Sections 45-47.)

CHAPTER XII
Miscellaneous

West Ben. 45. ( I) The West Bengal Premises Tenancy Act, 1956 (hereinafter Repeal and
Act XII of savings.
1956. referred to in this Chapter as the said Act), is hereby repealed.
(2) Notwithstanding such repeal, all suits and otherproceedings under
the said Act pending at the commencement of this Act before any court or
any other authority shall be continued and disposed of in accordance with
the provisions of the said Act as if the said Act had continued in force and
this Act had not been passed:
Provided that the provisions for appeal under the said Act shall
continue in force in respect of the suit or proceeding disposed of there-
under:
Provided further that for any of the purposes as aforesaid, the Controller
or the Additional Controller or the Deputy Controller appointed under this
Act shall be deemed to be the Rent Controller or Additional Rent
Controller or Deputy Rent Controller, as the case maybe, appointed under
the said Act.
Explanation.—In this section, "proceeding" includes any appeal,
review or, revision, application for execution, or any other proceeding
whatsoever under the said Act.

46. For the removal of doubt it is hereby declared that notwithstanding Proceedings
to be
any decision of any court to the contrary, any proceeding pending at the deemed to
commencement of this Act, which was continued after that date and any have been
validly
decree passed or order made after that date in accordance with the continued.
provisions of the said Act in any such proceeding, shall be deemed to have
been validly continued, passed or made, as if the said Act had been in force,
and had not been repealed, and no such proceeding, decree or order shall
be called in question in any manner merely on the ground that the said Act
was not in force when such proceeding was continued, such decree was
passed or such order was made.

47. (1) The State Government may, by notification, make rules for Power to
make rules.
carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
powers, such rules may provide for all or any of the matters which, under
any provision of this Act, are required to be prescribed or to be provided
for by rules.
(3) All rules made under this Act shall, as soon as may be after they
come into force, be laid before the State Legislature.

351
 The West Bengal Premises Tenancy Act, 1997.
[West Ben. Act
(Schedules I and IL)

SCHEDULE I
[See section 9(3).]
Form of summons in a case where recovery of possession of
premises is prayed for on the ground of requirement
by landlord.
To
(Name, description and place of residence of the tenant/sub-tenant)
WHEREAS 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 (d) of sub-section (1) of section 6; read with sub-section (1),
and sub-section (2), of section 9;
You are hereby summoned to appear before the Controller within two
months of the service hereof and to obtain the leave of the Controller to
contest 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 two months to obtain an order for your eviction from the
said premises.
Leave to appear and contest the application may be obtained from the
Controller by filing an affidavit as is referred to in sub-section (6) of
section 9.
Given under my hand and seal this day of
19

Controller.
SCHEDULE II
[See section 17(3):]
Premises having Increase
floor space of over rent Payable in
as on
1.7.1976 1st year 2nd year 3rd year 4th year
(1) (2) (3)
25 square metres 100% 25% minus the 25% minus the 25% minus the 25% minus the
increase if increase if increase if increase if
it be less it be less it be less it be less
30 110% 30% ,, 30% ,, 25% 71 25%
35 ,, 120% 30% ,, 30% /7 30% „ 30% ,,
40 130% 35% If 35% 17 30% ,, 30%
45 140% 40% 40% 30% ,, 30%
50 ,, 150% 40% „ 40% 35% ,, 35%
55 11 11 160% 45% ,, 45% ,, 35% ,, 35% I/
60 17 170% 50% ,, 50% 35% 97 35%
65 1.1 180% 60% 60% PI 60% —
70 /1 190% 70% /1 60% /I 60% 57
75 21 200% 75%. 71 75% 50% ,,

Above 75 300% 100% ,, 100% 100%

352
 The West Bengal Premises Tenancy Act, 1997.
XXXVII of 1997.]
(Schedule 111)

SCHEDULE III
[See section 17(4).]

Premises having Increase

floor space of over rent Payable in
as on
1.7.1986 1st year 2nd year 3rd year
(1) (2) (3)
25 square metres 50% 20% minus the 20% minus the 10% minus the
increase if increase if increase if
it be less it be less it be less
30 91 60% 20% 79 20% 20% f

35 1.1 70% 25% 25% If 20%

40 If 80% 30% 25% 17 25%
45 90% 30% 30% If 30%
50 ff If 100% 40% 30% 30%
55 110% 40% 40% 30% f I

60 IP It 120% 45% It 45% 71 30% f

65 If 130% 45% 77 45% 40%

70 ff 140% 50% 11 50% 99. 40% 71

75 97 150% 50% t1 50% • 50%

Above 75 Pf 29 200% 75% 75% 11 50%

353