West Bengal Act XIX of 1976'
THE WEST BENGAL GOVERNMENT PREMISES
(TENANCY REGULATION) ACT, 1976.
West Ben. ACL VIlI of 1980.
Wesl Ben. Acr XLVI of 1980. AMENDED . . Wesl Ben. Acr XXX or 1985. Wesl Ben. Acl LIV of 1991. West Ben. Act XXXV of 1997, [ / s t April, 1976.1
All Act IU provirle fur 111e reg~rlutian ojcerrrrb~ itlcidet~~s of tellarrcy ill relati011 to Goven~trretrt prerrtises in Wesr Bnr~al.
W H E K E ~ S it is expedient to provide for the regulation of cennin
incidenls of tenancy in relation to Governmen[ premises in West Bengal and for mnlrcrs connected lhercwith or icidenral thereto; I t is hereby enacted in the Twenty-seventh Year of the Republic of
India, by rhe Legislnture of West Bengal, as follows:-
1. (1) This Act may be called he West Bengal Governrncnt Prcmiscs shorr
(Tcnancy Regulation) Act, 1976. and cxtent.
(2) 11 extends to h e whole or Wcst Bcngnl.
2. In this Act, unless [he conlext olherwisc requires,- Dclinitions. ' ( 1 a) "Appcllalc Authority" means any aulhority, superiar in mnk lo the prescribed authority, appointed by the State Government in respect of a local urea for the purpose of '[the lhird proviso ro clause (a) of sub-section (3) of seclion 3 and] sub-secrion (2) or section 6C, and includes different such aulrlori~ies for dilTertnt local areas;
(a) "Government prenuses" means any premises which is owned by the Slale Govcrnment or by a Government undertaking but does not include [he official residence of any person authorised to occupy any premises in considcnlion of the office which he holds under [he Srare Government or a Government underlaking for [he lime being; 'For Shterncnl or Ob jcc~ and Kcmons, w e thc Culcirtfa Caxr~e. Errmordi~raty, Pan IV. orthc 91h March. 1976. page 1216: for pmccdings or thc \Vest Rcngal Lgisla~ivc Asscrnbly, see ~ h c pmccdings or 11lc lllccting or that Assembly hcld on thc 18th March,
1976.
:Clause ( la) w u ilddcd by s. 2 of the W C S ~ Ucngal Govcrnmcnt Prerniscs (Tenancy Rcguhtion) (Arncndmcnr) Act, 1935 (W-[ Bcn. Acl XXX or 1985). JThc word>, figurcs. lctlcr and bnckcfs wcrc inwfled by s. 2 of rhc \Vcsr Bcngal Cnvrrnmrnr Ptrrniqps (Trnanrv Rrr~ilnrinnl (Alnrndmmll Arr 1W7 nV-d U r n AFI
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The West Btvrgnl Gover~rtnerrt Prerrlkes ( T ~ t ~ a t i c y Regulariorl) Acr, 1976.
[Wut Ben. Act (Section 3.)
(b) "Governmcnl undertaking" means a body corporate constilu~ed by or undcr a Ccntral or Slale Act which i s
under the adrninistn~ive control of the Statc Government or in which thc Slate Governmenl has exclusive proprietary inleresl:
(c) "premises" means any building or hut and includes part of a building or hur and a seat in a room. Ict scpmtely. and also includes,-
( i ) thc gardens. grourids and oul-houses, if any. appurtcnanr thereto.
(ii) any furnilure supplied or any f i l l in~s w fixtures affixed
for rhe use of the lenanr in such building, hut or scal in a room, as Ihc casc may be:
(d) "prescribed" mcans prescribed by rules made under this Acr;
(e) "prescribed authority" mcms XI authoriry appointed by the Slale Government in rcspcct or a local area, by notificalion in the Oficial Gazerre, for carrying out the purposcs of h i s Act and includes different such aulhorilies for different local areas:
(f) "tenant" means any person by whom the rent of any premises is, or but for a special contract would be, payable and includes in thc cvcnl of such person's death. such of his heirs as were ordinarily residing with him at the limc of
his death. Terminalion 3. (1) Every Iennncy held by a tenant in respecl of a Govern- or lenzncy.
men1 premises shall sland ierminated upon the expiry of the period referred to in a notice lo quit served upon such tenanr in the prescribed manncr.
(2) A tcnoncy in respect of a Goverument premises shall stand au~omatically rerminated wiihout any notice ta quit whcrc thc [enan[
has,--
2
Tile Wesr Bellgal Goreen~~lte~~r Premises (Tenu~~cy Re~rrlarion) Acr. 1976.
XIX of 19 76.1
'(ia) subsequen~ly built a house or acquired (by purchase, gift,
inherilance, lease, exchange or olherwise) a house or an
apartment, cither in his own name or i n the name of any
mcrnber al his fmi ly , within a reasonable distance from such Govcmmenr premises.
Exp1u11arion.-For the purposes of this section
and secrion 3A,-
(a) "appartment" shall have the same meaning as in the Wcrl Ben. West Bengal Apartment Ownership Act, 1972; Act XVl of 197?.
(b) "family" shall include parents and other relations OF the rcnant who ordinarily reside with him and are dependant on him;
(c) "reasonable distance" shall mean any distance no1
exceeding ~wenly-five kilornelre.q, or
(ii) made default in payment of rent For thrce conseculive months:
Provided that where the renancy has terminated on account of deiaulr in psymenr of rent for three consecutive
months [he prescribed authority may, upon applicarion made by the rcnant wirhin such time ns may be prescribed and
upon deposit of all he meam of rent togethcr wirh interest
at the prcscribd rale, grant renewd of the Lcnancy in h o u r OF [he tenant:
Provided further [ha[ the prcscribed aulhority may, on
sufficient cause being shown, gmnr renewaI of Ihe tenancy in favour or the tenant on deposit of fifty per cetlr. of the
arrears of rent along with rhc application for renewal of tenancy and direc~ thc tenant ro deposit h e balance of the
srrcars of rent wirh interesl on the entire amounr al the prescribed rite in twelve monthly inslalmenu commencing
from the month following [he manth of such renewal of renancy, and if rhe lcnant fails to deposit any suchinsulnlent the tenancy so renewed shalI stand automatically lerminaled:
*['Provided furlher b a t ihe prescribed authorily may, if it is satisfied that [he tenant has failed to pay rent due lo circumstances beyond his control and is not in a position
'This ckusc wa subs!ilulcd lor \he prcvious clause (ia) by s. 2 or thc Wesl Bcngnl Govcmmcni Prcrniscs (Tcnancy Regulation) (Sccond Arnendmcnl) ACI, 1980 (WCSI Bcn. Acl XLVI of 1980). Prior In this substilu~ior~ cIaust. (i:~) was inscncd by s. 2(2) or rhc Wcsl Bengal Govcrnrnent Prclnixs (Tenancy Regularion) (Amcndmenl) Acl. 1980 (Wut Bcn. Acl VU1 o f 1880).
mi< pmvi-w was inscncd by s. ?(b) of rhe Wcsr Bcngal Govcrnn~cnl Pmrnism
(Tcnancy Rcgulalion) (Arncndmcnl) Act. 1980 (Wcsi Bcn. Act VllI or 1980). *This furthcr pmviso was ~ r h a p s added hcrc on account or clcrical rnisrakc madc, Ihraugh inadvcnzncc. in the Wczi Bcngal Govemrncnl Premiscs (Tcnancy Regularion) (Amcndmcnll At[. 19Sfl (Wr
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Tile Wes! Betrgal Govenm~etrt Prel~rises (Tct~atlcy Regrrlation) Ac!. 1976.
[West Ben. Act
ro deposi~ Fifty per cetrr. OF thc arrears of rent along rvilh rhc application for renewal of tcnancy, grant renewal of thc
tenancy in favour of 1/11 21iant on deposit of 1wenr.y-five per cent. of the mcnrs of rent along wilk the application for renewnl of tenancy and direct thc tenant to dcposil the balance of [he artcars of ren! wilh interesl on 1hc enrire amount nr Ihe prescribed rare in such number of monthly instalrncnrs. no1 less than [welve aild nor more [han i h i q - six, as [he prescribed autt~orily may consider reuonable, commcncing from ~ h c month following the monrh of such renewal of tenancy, and if thc rcnur fails Lo deposi~ any such instalmenr, [he [enancy s o renewed shall srand
au~omn~ically terminated]:
Provided also h a t nolwiths~anding the terminarion of the lenancy the State Government or !he Government
undenaking, as [he case may be, shall be entillcd 10 recover all amcnrs of rent for the period for which the tenancy subsisted and rnesne profils lhcreafter for so long as the [enant remained in occupation of the premises.
'(3) (a) Whcre any Governmen[ premises allotred [oa tenant remains
under lock and key for a period of morc than rhree consecutive months or where the Ienonr or any member of his family is not ordinarily resident of such Govemmcnt premises, Ihc tenancy in respec1 of such Govemrncn~ premises shnlI stand automatically lerminatcd:
Provided that if thc prescribed authority is snlisficd that the
circumstances. under which such Governnlenl premises remains under
lock and kcy for more than three consecu~ive months or the [enant or
any member by his TamiIy is not ordinarily a resident of such Government
premises, are beyond h e control of [he [enant. it may allow the tenancy to subsist:
?Provided furher rhal rhz prescribed authoriiy shall give h e lenanr
a no~ice and an opponunity OF being heard before such lerrnina~ion:
2Provided also that an appeal shall lic to h e Appellare Authority
against an order determining non-occupation [or a period or rhree
consecutive months or non-residence by the renant or any member of
his family under the above provisos within fihecn days from ~ h c dale of h e order passed by I he prescribed zluchorily and, in such case, [he decision of he Appellate Authority shall be final.
LSub-scc~ion (3) WLS inscncd by s. 2 of ~ h c \Ycsr Bcngal Gnvcrnmcn~ Premises (Tcnancy Regulation) (Amendrncnl) Act. 1994 (West Ben, Acl LlV or 1994).
?I%-=.. ,,I., n m r . : c m r w r m inrrr+rrl hv c 1 n T ~ h r \VwI Rrnoal Cnvcmmenl Prcmises
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(b) A tenant shdl bc deemed lo be ordinarily rzsiden~ of a Government premises if he or any rnembcr of his family generally resides in such Government prcrnjses for 1101 less than ninely days in a period of (our co~lsecutive monlhs.
(c] Thc provisions of lhjs sub-section shaII have cffeci na[withs~anding anylhing contained in this Act or in any other Inw for !he lime being in force or in any instrument having effect by vinue of any law olher
than this Acr, or in any decrcc or order of any coun, uibunal or orher
4 or 1R82. authoriry, and nothing conlained in the Transfer of Propcrty Acr, 1882,
9 OF I 872. or the Indian Conrncl Act. 1872. or thc West Bengal Prcmises Tcnancy ~ ~ S ( ~ ~ ~ j Act, 1956, shall apply, or shall be decmed over 10 have applicd, to thc 1956. tenancy as aroresaid and such lenancy shall lake effcc~, and shall bc deerncd always lo have takcn effect, as if [he Transfer of Propcrty Act, 1882, or [he Indian Contr~cr Act, 1872, or [he West Bengal Premises
Tenancy Act. 1956, had noi been passed. '3A. A tenancy in respecl of a Government premises shall be 'Tenancy lo
deemed io be void where on lhc date of nllotmen~ of such Government be ir
held by a premiscs [he tenant is, or had bwn, [he owner of a house or an aparlment, lenanl own- kither in his own name or in [he name of any rnembcr of his family, ing h0u-K:
or apmnlcnl
wirhin a reasonable distance from such Government premises. on h e bu: of
4. (1) Upon termination of a tenancy under ;my of the provisjons RcsronLion
of sccuan 3 '[or upon a ienancy being void under seclion 3A1 ihe tenant shall Forlhwith restore vacilnl possession of the premises occupied by
him in favour OF the prescribed aulhoriry.
(2) Ifthe tcnant fails to reston: possession of rhe premises under sub- section (I), !he prescribed aurborily or any officer aulhorised by him in
(his behalf may lake such steps or use such force as may be necessary to lake possession of the premiscs and may also enter into such premises for the aforesaid purpose.
5. If any tenant sublets or inducts any person in the prerniscs Pcnajly Tor
occvpied by him or in any part of it, in violation of the terms of l exe ::ik$F
governing his renancy the tenan1 as wcIl as the pcrson in unauthorised occupation of lhe prcmises shall be liablc on conviclion to imprisonment for a lerm which may exlend 10 six monrhs or lo fine which may cxrend to one lhousand rupees or ro both.
- - - 'Section 3A was insencd by s. 3 oftlie Wcsi Bcngnl Governlncnr Premises (Tenmcy Rcgulaliun) (Sccond Amcndmcnl) Act, 1980 (\Vat Ben. ACI XLVI uf 1980). '%e qvnrdc Ci~r~rc nnt! lcrlcr u*ilhin Bc square bnckcrs rvcrc inxrled by s. 4 , ibid.
5
Eviction of unaulhonscd rrctrpnnLq and pcnulry lor such wcup~r ion, Olicncc
sndcr ~ h c ACI 10 be
mgnimblc.
P;?yrncnl or compnsa- lion.
fie West Bet~got Go~~cn~rlrenr Prer~~ises (Tc~larlcy Regvlutiorz) Acr, 1976.
[West Bcn. Act ,
6. If by v i m c of a lriparlite agreement an employer is aurhorised
to collect lhe rcnt payable by the renant \i+~o is lhc employee or such cmployer and deposit the same in favour of rhe Srare Governn~ent or
the Govcrnrnenl undertaking, as thc c a r : may be, [hen for failure on the
part of the employer to make sucll d e p ~ s i ~ within the lime agreed upon.
[he employer or in case thc cmploycr is a coiilpalg o r other body corporate or an association or persons (whe~hcr incorporaled or not).
evcry director, rnanagcr. secretary, agent or other officer or person
concerned with the manaeernent ~hercof shnll. unless he proves that Lhe offence was cornmiued wilhou~ h i s knowledge or consent, be liable on con~~iction lo o fine which may extend to fivc thousond rupees and in
case of a conlinuing offence, to a further fine which may extend lo one
hundred rupees fur each day during which Ihe offence continues.
'6A. Where any person, no1 being a tenant, occupies, or rcmains
in occupation OF. any Government premises rvirhou t 111c writtell order of the prescribed authority,-
(a) [he prescribed authority, or any oCficer authotised by i t in this behalF, may mke such steps and use such force us may
be necessaq lo lake possession of the premises and may
also enter into the premises for the said purpose; and
(b) such person shall be punishabIe with imprisonment for a
term which may extend to six months. or wilh fine which
may extend to one thousand rupees, or wirlt both.
'GB. Arl oflcnce punishable under section 5 or clause (b) of section 6A shall be cognizable.
I6C. (1) Where arly damage beyond normal wear and tear has been caused to any Government prenliscn rhe possession of which has been
laken from a tenant under [he provisions of section 4, or wherc any
damage hw been causecl lo Any Govcrntnenc prcmises the possessian of which has been taken under ihc provisions of sec~ion 6A, such lenanr ar such person, as he casc may be. shall be liable 10 pay for the repair
of such d a m ~ g e such cornpensarion, not excceding he casl of repair, as
may be determined, by order. by the prescribed authorily, afler giving
the tenant or the person, as h e case may be, an opporbnity of being
heard.
(2) An appeal shall lie to the Appcllate Aulhority againsl an order determining compensalion under sub-secrion (1) within fifteen days from the date of rhe order.
'Sccfions 6A, 6B. GC and GD werc inscncd by s. 3 of ~hc Wcsr Bcngal Govurnmcnl Prcmiscs renancy Repulalion) (Amendrncnll hrr 19R5 ~VP,, R.." a-1 vvv ..r .nor>
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Tlie lVesr Betrgul Govenrnrenf Prettlisfs (Te~inrrcy Regrrlarion) Act. 1976.
(3) The decision of the Appellate Aulhorily shall be final.
'6D. T l ~ e amount of compcnsa~ion delemined under section 6C byPcrid rar pymccnt or
the prescribed authority or [he AppelIate Authority, as the case may be, ,,,Fnsa-
shall be payable by the tenanl or the person, as the case may bc, IiabIe [ion.
to pay such compensation, within thirly days from [he dale of the order.".
7. Any claim for arrears or rcnl or for mesue profits =[or for Kccoveryor ccrlain compensation] under this Act shall, if no[ duly paid, be recoverable as clairnr Bcn. A C ~ 111 a public demand under thc Bcngal Public Demands Recovery Act, 19 13, public of 1913. dcmand.
8. (1) The Slate Governmen1 or the Govcrnmcnt underraking may Appoinl-
appoint such officers and ernployces lor c q i n g out ihe purposes of this z:::, c,c*
Act as h e Slate Government or Ihe Govcmmcnt undertaking may deem and
fir. delegafiun o C powcr.
(2) The prescribed aulborily ]nay delegate, subjecr to such conditions as the Stare Government may think i t to impose, td any officer appoinrcd under sub-section ( I ) any of its powers under his A C ~ .
9. The prescribed authority I[. the Appellate Aurl~ority] and the Ccflain
pcrsons lo officers and othcr employees aulhorised to carry out any of the purposes h, dccmcd
of this act shall be deemed to be public servants wi~hin [he meaning of to bc public 4 5 01 1860. seclion 21 of [he Indian Penal Code. servnnu.
10. No suit, prosecution or other legal proceeding whatsocvcr shall Indcmniry.
lie agains~ any person for anything in gaod faith donc or inlended ro be done under this Act.
11. If any difficulty arises in giving cffccr to the provisions of [his Powcr ro
Act, the State Government may makc such order or do such thing, no1 zzI;ftics.
inconsistent with Ihc provisions of [his Act, as appears lo i~ 10 be necessary or cxpedienr for removing [he difficulty.
12. '(1) The provisions of this Acr shall have erfcct norwithstanding Act10
anything conhined in any othcr law for the time bcing in forcc, or in :z$kvs-
any contnct, express or implied, or in any custom or usage to thc
contrary. '(2) In panicular and without prejudice to the generality of thc WcstBen. foregoing provisions, the West Bengal Public Land (Eviction of *" Unauthorised Occupants) Acr, 1962 shall nor bc applicable to any prcrnises 1962.
to which this Act applies.
'SLFC root-notc 1 on pagc 402. nrrre. %c word< within thc squaw bnckcts wcrc inrcncd by s. 4 of Ihc \Vest Bcngal Govcrnmcnt Prcmi.ws pcnancy RcguIation) (Amcndmcnt) Acl. 1985 (Wcsr Bcn. ACI XXX uf 1985).
'The tvords within thc squnrc bnclicr~ wcrc inrcficd by s. 5 , ibid. .- . . - . . . . . . . . . .
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Prosecution subject !O sanc~ion of
Ihr:
prcscribcd authari~y. r'owcr lo make r u k . Repcal and savrngs.
i
TAP \Y~J-I Bellgal Govenlt~~e~lr Pretrrisr.s (Tet~mlcy Regirlurion) Act, 1976.
[West Ben. Act XIX of 1976.1
13. No civil courl shall have jurisdiction to decide or deal wilh any question which i s by or under [his Acr required lo be decided or dealr with undcr (he provisions of this Act.
14. No Court shall r.*e cognizance of any offence under this Act except with the previous sanclion of the prcscribed aulhority, and no Court inferior to that of a Magishale of rhc First Class shall lry such oFfencz.
15. ( 1 ) The Slarc Government may make rulcs for carrying out rhe purposes a [ [his Acl.
(2) In parlicular, and wilhour prejudice lo the generalily of the foregoing power, such nhes may provide for all or any of the marten:
which may bc or are requircd 10 be prescribed.
16. (1) The West Bengal Government Prcrnises (Tennncy Regulation) Wcsl Ben
Ord. I or Ordinwce. 1976, is hereby repealed. 1976,
(2) Anything done or any action lakcn under the West Bengal Government Premises (Tenancy Regulation) Ordinance, 1976. shall bc deemcd to have bccn validly done or taken under this Act as if this Act had commenced on liie 7rh day of January, 1976.
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