Government of West Bengal Judicial and Legislative (Legislative) Department West Bengal Act V of 1947
The West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947
Superintendent, Government Printing West Bengal Government Press, Alipore, West Bengal
1948
Price—Indian, annas 8; English, 10d.
1
West Bengal Act V of 1947 "
THE WEST BENGAL PREMISES REQUISITION AND CONTROL (TEMPORARY
PROVISIONS) ACT, 1947.
CHAPTER I.
PRELIMINARY.
Section. • .!
1. Short title, commencement, extent and duration.
2. Definitions.
CHAPTER II.
REQUISITION OF PREMISES FOR ANY PUBLIC PURPOSE.
3. Power to requisition.
4. Power to order vacation of premises or for execution of repairs. 5. Easement, etc., not to be disturbed.
6. Disposal of premises after requisition.
7. Power to evict from requisitioned premises for breach of terms of tenancy. 8. Appeal.
9. Non-compliance with orders.
10. Release from requisition.
CHAPTER III.
PROVISIONS REGARDING COMPENSATION.
11. Procedure for fixing compensation.
12. Matters to be considered in fixing compensation by agreement.
13. Persons with whom agreement is to be executed.
14. Deposit of compensation in case of dispute.
CHAPTER IV.
CONTROL OF VACANT PREMISES.
1.. Application of the chapter.
16. Restrictions on lease.
17. Notice by landlord.
18. Procedure of letting out premises by the Collector.
19. Vacant premises may be requisitioned. IC
CHAPTER V.
MISCELLANEOUS.
20. Penalty.
21. Saving as to orders.
22. Protection of action taken under this Act. 23. Repeal and saving.
24. Power to make rules.
•
2
We -i'Befigl Act V of 1947 -
THE WEST BENGAL PREMISES REQUISITION
AND
CONTROL (TEMPORARY PROVISIONS) ACT, 1947.
[Passed by the West Bengal Legislature.] [Assent of the Governor General was first published in the Calcutta Gazette, Extraordinary, of the 1st January, 1948.] An Act to provide for the requisition and control of premises in West Bengal.
WHEREAS it is expedient to provide for requisition and control of premises in West Bengal; It is hereby enacted as follows :—
CHAPTER I.
_ PRELIMINARY.
1. (1)
This Act may be called the West Bengal Premises Short Requisition and Control (Temporary Provisions) Act, 1947. et% ence.(2
men
)
It shall come into force on such date as the Provincial t, Government may, by notification in the Official Gazette, extent and direct.
(3) It extends to the whole of West Bengal. duration.
(4)
It shall remain in force only up to the 31st day of March, 1950, but the Provincial Government may, by notifi- cation in the Official Gazette, direct that it shall remain in force for a further period or periods not exceeding in the aggregate three years.
2.
In this Act, unless there is anything repugnant in the Definition s, (a)
"Calcutta" has the same meaning as in clause
(11) engal
of section 3 of the Calcutta Municipal Act, 1923; i et III 1 of 1923. (b) "Collector" means in Calcutta, the First Land v Acquisition Collector and elsewhere, the Collector 14 of a district, or any other officer appointed Provincial Government to discharge the f by
functions . of a Collector under this Act;
(c)
"landlord" means any person who for the time being is receiving, or is entitled to receive, the rent of any premises whether on his own account, or on, account or on behalf 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 and includes a legal representative, as defined in the Code of -Civil Act V of 1908. Procedure, 1908, a tenant ....lvlio -sublets any premises, and every person from time to time
deriving title under a landlord;
(d)
"persons interested" means any person claiming an interest in compensation payable on account of requisition of any premises under this Act;
3
2 The -West. Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947.
[West Ben. Act
(Chapter I—Preliminary Chapter II—Requisition of premises for any public purpose—Section, 3.)
(e) "premises" means any building or part of a building or any hut or part Of a hut which is, or is intended to be, let separately_ for residential or non- residential purposes aid includes,—
(i) the garden, grounds and out=houses (if any) appertaininc, to such buildire, or part of a building or butor part of a hut; and
(ii) any furniture supplied by the landlord for use in such building or part of a building; and also includes a room or rooms in an hotel, boarding house or lodging house, but does not include a stall let at variable rents at different Seasons of the year for the retail sale of goods in a'Imarket as defined in clause (39) of section 3 of the Calcutta Municipal Act, 1'923;
(f) "prescribed" means prescribed by rules "made under
• this Act;
(g) "tenant" means any person by whom, or on whose account, rent is or but for a special contract would be, payable for any premises And includes a legal representative as defined in the Code of Civil Act V of Procedure, 1908,' 'and a person continuing in 1908. possession after the termination of a tenancy in his favour.
CHAPTER II.
REQUISITION OF PREMISES FOR ANY PUBLIC PURPOSE.
Power to 3. (1) Whenever it ajpears to the Provincial Govern-requisition. went that any premises\in any locality are needed or are likely to be needed fcr any public purpose, it may, by order in writing, requisition such premises
Provided that no premises exclusively used for the
purpose of religious worship shall be requisitioned under this section.
(2) An 'order under sub-section (1) shall be served on the landlord, and where it relates to premises in occupation of a tenant also on such tenant in such manner as may be prescribed.
(3) The Provincial Government may, with a view to requisitioning any premises under sub-section (1), by order,—
(a) require any person to furnish to such authority as may be specified in the order, such information in his possession relating to the premises as may be so specified;
direct that the landlord, tenant or any other person in occupation of the premises shall not without the permission of the Provincial Government dispose of or structurally alter tk premises. - (b)
Ben. Act
III of 1923.
4
Tire West Bengal Premises Requisition. and Control (Temporary Provisions) Act, 1947.
V of 1947.] try7 -
Wage 3— Benimber section 4, as sub-section(1) of that section and,—
(1) in sub-section (1) of the said section, as so renumbered, —
(a), substitute
the following clauses, namely :—
(a) for clause
"(a) order the person in occupation of the premises, if -
any, to vacate the premises 'within a period of ten days from the service of the notice ; (aa)
order the landlord or the tenant, as the case may be, - to remove the articles aging
beni to him, if
any, and, where the premiseslo
eqiione
without any furniture therein, such furnit rvurce e,
within a period of fifteen days from the se i of the notice :
Provided that 'the Collector may, for reasons to be recorded in writing, extend the said period up - to
two months ;" ; and -
(b) in clause (c), omit the words "to the landlord"; and
(2) after sub-section (1) of the said section, as so renumbered, • add
the following sub-sections, namely :—
"(2). Where any person fails to comply with an orderunder clause (aa) of sub-section (1) directing Collector may cause sick furniture or other articles to tio be removnch e7d •
and to be stored or sold by public fit at the cost aucn in s-
manner as the Collector may think
and risk of such person :
Provided that no furniture or other articles shall be sold by public auction in pursuance of the provisions revious sanction of this sub-section without the p
of the Provin.cial Government or such other authority as may be empowered in this behalf by the Provincial , Government.
(3) Where any furniture or other articles are removed and are stored or sold by public auction in pursuance of the provisions of sub-section (2), the cost of such removal and of such storage or sale, as the case may be, may, without prejudice to any other mode of recovery, be deducted from the compensation payable or from the sale proceeds, if .any, and the balance of the sale proceeds, if any, after such deduction, shall be paid to the owner of such furniture or other arti4ss,, as the case may be Provided that if any dispute arises as to the person or persons to -
whom the amount of such balance or
any part thereof is payable, the Collector shall keep the amount in revenue deposit till there has been a settlement of the dispute.".
(Re-numbered, substituted, omitted and added by 'West Ben. Act IV of 1949, section 4.)
[No. 44, dated the 2nd August, 1949.]
3
at V of
)08.
0
a!
'Page 3—
ReWumber section 4, as sub-section (1) of that section and,—
" (1) in sub-section (1) of the said section, as so renumbered,—
(3)
6. When any-premises or deal with expedient.
(a) for clause (a), substitute the following clauses, namely :— t order the person in occupation of the premises, if any, to vacate the premises -within a period of ten days from the service of the notice ;
(aa) order the landlord or the tenant, as the case may be, - to remove the articles belonging to him, if any, and, where the premises are requisitioned
. without any furniture therein, such furniture, .• within a period of fifteen days from the service of the notice :
Provided that the Collector may, for reasons to be- recorded in writing, extend the said period up to two months ;" ; and - •
(b) in clause (c), omit the words "to the landlord"; and
(2) after sub-section (1) of the said section, as so renumbered,' add the following sub-sections, namely :—
"(2) Where any person fails to comply with an order under clause (aa) of sub-section (1) directing any furniture or other articles to be removed, the Collector may cause such furniture or other articles to be removed and to be stored or sold by public auction in such manner as the Collector may think fit at the cost and risk of such person :
Provided that no furniture or other articles shall be sold by public auction in pursuance of the provisions of this sub-section without the previous sanction of the Provincial Government or such other authority as may be empowered in this behalf by the Provincial Government.
Where any furniture or other articles are removed and are stored or sold by public auction in mirsuance of the provisions of sub-section (2), the cost of such removal and of such storage or sale, as the case may be, may, without prejudice to any other mode of recovery, be deducted from the compensation payable or from the sale proceeds, if any, and the balance of the sale proceeds, if any, after such deduction, shall be paid to the owner of such furniture or other arti4es, as the case may be :
Provided that if any dispute arises as to the person or persons to whom the amount of such balance or any part thereof is payable, the Collector shall keep the amount in revenue deposit till there has been a settlement of the dispute. '
(Re-numbered, substituted, omitted and added by 'West Ben. Act IV of 1949, section 4.)
[No. 44, dated 2nd August, 1949.] ,1.,at -"Pply or
the .Proi,-incial—C+overnment has re
.under sub-section
quisitioned Disposal (i) of section 3, it i:may use .of it in such manner as may appear to it to be premise s after
6
The West Bengal Premises Requisition- and Control (Temporary Provisions) Act, 1947.
V of 1947.]
(Chapter 11—Requisition of premises for any public purpose —Sections 4-6.)
. • (4) ':An order passed under sub-section (1) shall be final and Wlitnever such order has been passed, the Provincial Government shall direct .the Collector to take such further ac.tion as is necessary in connection with the requisitioning of the premises in accordance with the provisions of this Act.
(5) Without prejudice to any other powers conferred by this Act, the Collector may authorise any person to enter and inspect any premises between sunrise and sunset for the ptrpose .of determining whether, and if so in what manner, an order under this section should be made in relation to any premises or with a view to securing compliance with any order made under this Act.
(6) In connection with any inquiry under this Act the Collector may by written order require any person to produce for his inspection any documents relevant to the inquiry at such 'time and place, as may be specified in the order, and enforce the attendance of witnesses or compel the production of documents by the same means, and so far as may be, in the same manner as is provided in the case of a court by the Code of Civil Procedure, 1908.
4. Where any premises are requisitioned under this Act, pow„ to the Collector may by notice in writing—
order vacation
(a) order the . existing tenant or occupier, if any, to of vacate the-premises within ten days of the receipt premises of the,, notice ;
or for • execution
(b) order the landlord to execute such repairs as may be of repairs. specified in the notice within, such:time as may be specified therein;
(c) if a landlord fails to execute any repairs in pursuance of an order under clause (b) the Collector may cause the repairs specified in the order to be executed at the expense of the landlord and the cost thereof may, without prejudice to any other mode of recovery, be deducted from the compensa- tion payable to the_iandlord.
r•
5. No landlord or any contractor, workman or servant employed by him shall without the previous written consent of the 'Collector or except for the purposes of effecting repairs or complying with a municipal requisition, wilfully disturb any convenience or easement attached to any premises requisitioned under this Act, or remove, destroy or render unserviceable anything provided for permanent use therewith or discontinue or cause to be discontinued any supply or service provided for the premises.
6. When the Pre-vilacial -Government has requisitioned Disposal any—pr-enalses under sub-section (1) of section 3, it .may use -of or deal with it in such manner as may appear to it to be premises aft expedient. requisition
Easement,
etc., not
to be
disturbed.
7
4 The West Bengal Premises Requisition and Control (Temporary Prdvisions) Act, 1947.
- West Ben. Act
(Chapter 11—Requisition of premises for any public purpose —Chapter 111—Provisions regarding ,compensation— Sections 7-11.)
Power to 7. (1) Wher any person in occupation of any requisi- evict tioned premises sub ets without due authority the whole or from any part of the pre ises' or otherwise acts .in contravention tioned
i- of any of the terms, press or implied, of his tenancy or requi premises other like relationship created by the Provincial Government for in respect of the premises,\the Collector may, by notice served breach in the prescribed manner, *der such person or any other of terms of tenancy. person found in occupation 'of the premises to vacate the premises within fourteen days Of the receipt of the notice.
Nsj— (2) Action may be taken under this section even if any proceedings for possession are pending in respect of the premises and upon such action being taken, the said proceed- ings shall forthwith be vacated.
Appeal. 8. Any person aggrieved by an order under section 7 may, within seven days of the receipt thereof, appeal in writing to the Commissioner of the Division who may, after
calling for a report from the Collector and after making such
further inquiry, if any, as he thinks fit, pass an order
determining the appeal.
9. If any person fails to comply with an order made under clause (a) of section 4 or under section 7, the Collector or any person authorised by him in writing in this behalf, shall execute the order in such manner as he considers expedient.
Release 10. (1) Where any premises requisitioned under this from Act are no longer required for any public purpose, the requisition. Collector shall, after making such inquiry as he may consider necessary, by order in writing specify the person to whom possession of the premises shall be given.
(2) The delivery of possession of the premises to the person specified in an order under .sub-section (1) shall be a full discharge of and liability of the Provincial Government to deliver possession to such person as may have a rightful claim to possesSion thereof, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession is given:
CHAPTER III..
PROVISIONS REGARDING COMPENSATION.
II. (1) Where any premises are requisitioned under this Act, there shall be paid to all persons interested cora:. pensation the amount of which shall be deteimined in the manner,, and in accordance with the principles hereinafter set out, namely : —
(a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement;
• (b) where no such agreement can be reached, the Pro-vincial Government shall appoint a District Judge or an Additional District Judge as arbitrator;
Non-com-
pliance
with
orders.
Procedure
for fixing
compensa-
tion.
8
The West Bengal Premises Requisition and Control 5 (Temporary Provisions) Act, 1947.
V of 1947.]
(Chapter III—Provisions regarding compensation—Sections
12, 13.)
(c) the Provincial Government ,may, in any particular case, nominate a person .aving expert knowledge as to the nature of the premises requisitioned, to assist the arbitrator, and where such nomination is made, the person to be compensated may also nominate an assessor for the said purpose;
(d) at the commencement of the proceedings before the arbiator, the Provincial Government and the perso to be compensated shall state what in their respe _ive opinions is a fair amount of compensa- tion;
(e) the arbitrator in making his award shall have regard to the provisions of sub-section (1) of section 23 of the Land Acquisition Act, 1894, so far as they can be made applicable; -
(1) an appeal shall lie to the High Court against an award of an arbitrator ;
(g) save as provided in this section and in any rules made under this Act, nothing in any law for the time being in force shall apply to arbitrations under this section.
(2) Compensation shall also be paid 'n respect of any damage done to the premises during the period of requisi- tion other than what may have been sustained by normal wear and tear or by natural causes. When the amount of such compensation can be fixed by agreement, it shall be paid in accordance with such agreement; where no such agreement can be reached, the matter shall be referred to the arbitrator.
12. !ICJ-) In determining the amount of compensation matters to which iilay be fixed by agreement under clause (a) of sub- be consi- section (1) of section 11, the Collector shall take into con- dered in
fixing
sideration—
oompensa-
(a) the rent payable in respect of the premises; . ;.. tion by
agree-
(b) if, in consequence of the requisition of the premises, ment.
the person interested is compelled to change his residence or place of businessi the reasonable expenses (if any) incidental to such change.; and the damage or loss of income (if any) sustained, by the person interested between the date of service of the order under sub-section (1) or under clause
(b) of sub-section (3) of section 3, as the case may be, on such person and the date when the Collector takes possession of the premises.
(c)
13. The Collector shall enquire into the respective rights of all persons interested in the premises and shall decide whether the compensation shall, be paid to any such person periodically or in lump. If the compensation is to be paid periodically the Collector shall, having regard to the terms and conditions under which a tenant may be in occupation *Delete the brackets and figure (1)"
Persons
with
whom
agreement
is to be
entered
into.
9
6 The West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947.
[West Ben. Act
(Chapter III—Provisions regarding compensation Chapter IV Control of vacant premises Sections 14 18.) of the premises;, .`also decide whether the agreement for pay-
ment of compensation referred to in section 11 shall be
entered into with such tenamt or with the immediate
landlord of such tenant.
14. When a dispute arises as to the person or persons to whom the amount of compensation or any part thereof is payable or as to the apportionment of the same or any part thereof, the Collector shall keep the amount in revenue deposit, till there has been a settlement of the dispute. Deposit of
compensa-
tion in
case of
dispute.
Applica-
tion of the
chapter.
CHAPTER IV.
CONTROL OF VACANT PREMISES.
15. (1) The Provincial Government may, from time to time by notification published in the Official Gazette, declare that the provisions of this chapter shall apply to any local area or to any categories of premises in any local area specified in such notification.
(2) The publication of a notification under sub-section (1) shall be conclusive evidence that the provisions of this chapter have been duly applied to such local area or to such categories of premises as is specified in the notification.
(3) The Provincial Government may, by a like notification, declare that this chapter shall cease to apply in any local area or categories of premises in any area. Restric- 16. After the iv ue---01 notification -under sub-section (1) Lions on lease. of section 15, no landlord shall let out his_prenaises in any manner except as provided in this chapter. Notice by 17. (1) The landlord of any premises shall, within seven
landlord. days after such premisesfalls vacant by reason of his ceasing
to occupy such pTemises or by the termination of a tenancy
in respect of such -.kremises, give, notice thereof to the
Collector in the prescril3ed form and manner :
Provided that the nOlice in respect of premises lying
vacant at the date of notification under sub-section (1) of
section 15 shall be given within fifteen days of such date,
notwithstanding any agreement that may have been made
with any person previous to the'-date of such notification for
letting out the premises.
(2) The landlord shall also give similar notice to the Collector in respect of any vacant premises which he does not intend to let out to tenants stating the reasons thereof, and the Collector shall decide whether or not the premises shall be let out.
Procedure
of letting
out
premises
by the
Collector.
18. (1) On receipt of the notice under section 17, the Collector shall, in pursuance of any directions that the Pro- vincial Government may give in this behalf from time to time, and after making such inquiry as he considers neces- sary, select a person to be inducted as a tenant in the
10
The West Bengal Premises Requisition and Control 7 (Temporary Provisions) Act, 1947.
f 1872.
V. of 1947.]
(Chapter IV—Control of vacant premises Chapter V— . Miscellaneous—Sections 19-22.) premises and direct the landlord by a written order to put such person in possession of the premises on payment of one month's rent to the landlord as may be specified in the order:
Provided that the amount specified in the order as rent
which the tenant has paid under this sub-section shall not be deemed to be the sum payable as rent in respect of such premises if it is in excess of what is permissible under the law for the time being in force, and the tenant shall be
entitled to apply to th appropriate authority for fixation of fair and equitable rent in respect of such premises.
(2) Where the Collector does not find a tenant suitable for the premises within two weeks after the receipt of notice under section 17, he shall issue a permit in the prescribed form to the landlord allowing him to use• or deal with such premises as he may think fit.
(3) If the landlord fails to comply with an order made under sub-section (1), the Collector or any person authorised by him in writing in this behalf shall execute the order in such manner as he considers expedient.
19. Notwithstanding anything contained in section 18, vacant any premises in respect of which notice has been given under premises section 17 may be requisitioned under the provisions of this ma Y.be Act.
tinned.
CHAPTER V.
MISCELLANEOUS.
20. (1) Whoever contravenes any provision of this Act, Penalty. or fails or neglects to obey any order made thereunder shall be punishable ,with imprisonment for a term which may extend to one year or with fine which, may extend to two thousand rupees or with both.
(2) No court shall take cognizance of any offence punishable under sub-section (1) except on the complaint in writing of the Collector.
21. (1) No order made in exercise of any power con- Savingas f erred by or under this Act shall be called in question in to orders. any Court.
(2) Where an order purports to have been made and signed by any authority in exercise of any power conferred by or under this Act, a Court shall presume, within the meaning of the Indian Evidence Act, 1872, that such order was so made by that authority.
22. 04 No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any order made thereunder.
Protection
of action
taken
under this
Act.
11
(b) the form and manner of service of notice referred to in section 4;
the form and manner of service of notice referred to in sub-section (1) of section 7;
the procedure -to be followed in arbitrations and appeals tinder section 11, the period within which such ,appeals are to be filed, the principles to -be followed in apportioning the costs of pro- ceedings before the arbitrator and on appeal and the fees to be paid to experts and assessors appointed under that section;
(e) the form and manner of service of the notice to the Collector referred to in section 17; and
(f) the form of permit referred to in sub-section (2) of section 18.
(e)
(d)
The West Bengal Premises Requisition and Control (Temporary. Provisions) Act, 1947.
[West Ben. Act V of 1947.]
(Chapter V—Miscellaneous—Sections 23, 24.)
(2) Save as is otherwise expressly provided in this Act no suit or other legal proceeding shall lie against the Provincial Government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act or any order made there- under.
Repeal and 23. (1) On the expiry of the West Bengal Premises saving. (Requisition and Eviction) Ordinance, 1947, the provisions of section 8 of the Bengal General Clauses Act, 1899, shall apply as if it were an enactment then repealed by a West Bengal Act.
(2) Any rules, orders and appointments made or any- thing done or any action taken or any proceedings com- menced under any of the provisions of the said Ordinance shall continue in force in so far as they are consistent with this Act and shall be deemed to have been made, done, taken or commenced under the corresponding provision of this Act.
West
Ord. X
1947. •
Ben.
of 189p,
Power
to make
rules.
24. (1) The Provincial Government may make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the gene- rality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—
" (a) the manner of service of the orders referred to in sub-sections (2) and (3) of section 3; • o
WBGP-4718-7260A-2M
12