West Bengal Act XVII of 1950
THE WEST BENGAL PREMISES RENT CONTROL (TEMPORARY PROVISIONS)
ACT, 1950.
CONTENTS.
Chapter I-Preliminary. Section.
1. Short title, commencement, extent and duration.
2. Definitions.
Chapter II-Provisions regarding rent and salami.
3. Amount in excess of standard rent to be irrecoverable.
4. Premium, salami or fine not to be claimed, received or asked for or advance of more than one month's rent not to be claimed or received.
5. Exception in the case of long leases.
6. Restriction on the sale of furniture in any premises let to a tenant.
7. Refund of rent, premium, salami, etc., not recoverable under the Act.
8. Fixation of rent of furnished premises.
9. Cases in which standard rent shall be fixed by the Controller.
10. Date on which standard rent fixed by the Controller takes effect.
11. Landlord not to claim rent at a rate different from that at which it is being paid except in certain cases.
Chapter III-Suits and proceedings for eviction.
12. Protection of a tenant against eviction.
13. Sub-lease not to be binding in certain cases.
14. When a tenant can get the benefit of protection against eviction.
15. When a tenant is entitled to restoration of possession and compensation.
16. Special provisions regarding jurisdiction of Courts for trial of suits for possession.
17. Refixation of standard rent.
18. Power of Court to rescind or vary decrees and orders or to give relief in pending suits in certain cases.
Chapter IV-Deposit of rent.
19. Deposit of rent by the tenant.
20. Time-limit for making deposit and consequence of incorrect particulars in application for deposit.
21. Saving as to acceptance of rent.
Chapter V-Hotels and lodging houses.
22. Fixation of fair rate and number of lodgers.
23. Revision of fair rate and number of lodgers.
24. Notice of fair rate and number of lodgers to be displayed.
25. Agreement for payment of charges in excess of fair rate.
26. No eviction if fair rate paid.
27. Punishment.
Chapter VI-Appointment of the Controller and other officers, their powers and functions.
28. Appointment of Controller and Additional and Deputy Controllers.
29. Final hearing of certain applications.
30. Notice to landlords and tenants before exercising powers under the Act.
31. Power to enter and inspect premises, to require information and to summon witnesses.
1
ii The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. Chapter V I I—Appeal, Revision and Review. Section_
32. Appeal and Review. Chapter VIM—Penalties and Miscellaneous.
33. Penalty for recovering rent in excess of the standard rent.
34. Penalty for disturbance of easements, etc.
35. Payment and recovery of fine.
36. Limitation for complaints.
37. Issue of distress warrants and other processes barred in certain cases.
38. Making of repairs and taking of measures for the maintenance of essential services by the tenant on the failure or neglect of the landlord to do so.
39. Taking of measures by the tenant in case of emergency. la Criminal liability and refund of the consideration paid in addition to the standard rent.
41. Cutting off or withholding essential supply or service.
42. Tenant may get supply of electricity to the premises without the permission of the landlord.
43. Supply of certified copies of the order of the Controller.
44. Controller to be a publio servant.
45. Repeal.
46. Bar of proceedings.
47. Power to make rules. Schedule A.
Schedule B.
2
West Bengal Act XVII of 1950
THE WEST BENGAL PREMISES RENT CONTROL
(TEMPORARY PROVISIONS) ACT, 1950.
[Passed by the West Bengal Legislature.] [Assent of the President was first published in the Calcutta Gazette, of the 30th March, 1950.]
An Act to make better provision for the control of rents of premises in Calcutta and in certain other areas in West Bengal.
WHEREAS it is expedient to make better provision for the control of rents of premises in Calcutta and. in certain other areas in West Bengal;
It is hereby enacted as follows :—
CHAPTER I.
PRELIMINARY.
1. (1) This Act may be called the West Bengal Short Premises Rent Control (Temporary Provisions) Act, title, 1950, commence- ment, ex.
1(2) It shall come into force on such date as the State tent and Government may, by notification, appoint. duration. 2(3) It extends to the whole of Calcutta and to all areas which have been or may hereafter be constituted municipa- Ben. Act lities under the provisions of the Bengal Municipal Act, XV of 1932:
1932. Provided that the State Government may, by notification, extend this Act or any specified part thereof to any other area specified in the notification.
(4) It shall remain in force up to the 31st day of March,
1953 :
Provided that the expiration of this Act shall not render recoverable any sum which during the continuance thereof was irrecoverable or affect the right of a tenant to recover any sum which during the continuance of this Act was recover- able by him thereunder.
2. In this Act, unless there is anything repugnant in Definitions. the subject or context,—
(1) "Calcutta" has the same meaning as in clause (11) Ben. Act of section 3 of the Calcutta Municipal Act, 1923; DI f
1923. (2) "Controller" means a Controller appointed under sub-section (1) of section 28 and includes an Additional Controller and a Deputy Controller appointed under sub-section (2) of that section; 'This Act came into force on the 31st day of March, 1950 (vide Notification No. 3372L.R., dated the 29th March, 1950, published in the Calcutta Gazette, Extraordinary, dated the 31et March, 1950, Part, I, page 395).
-As to the areas to which this Act has been extended, vide Notifications- No. 3374L.R., dated the 29th March, 1950, published in Part I of the, Calcutta Gazette, Extraordinary, dated the 31st March, 1950, pages 395-398 and No. 4922L.R., dated the 8th May, 1950, published in Part I of the Calcutta Gazette, dated the 25th May, 1950, page 989.
3
2 The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. [West Ben. Act
(Chapter 1.—Preliminary.—Section 2.)
(3) "hotel or lodging house" means an establishment where lodging with or without board or other service is provided for a monetary consideration;
(4) "landlord" means any person who for the time being is receiving the rent of any premises from the tenant thereof and includes any person who is entitled to bring suit for such rent;
(4) "manager of a hotel" includes any person in charge of the management of a hotel;
(6) "notification" means a notification published in the Official Gazette;
(7) "owner of a lodging house" means any person who for the time being is receiving any monetary consideration from any person on account of board or lodging, or other service in the lodging house, and includes any person who is entitled to bring suit for such monetary consideration ;
(8) "premises" means any building or part of a building or any hut or part of a hut let separately and includes—
(a) the gardens, grounds and out-houses (if any) appertaining to such building or part of a building or hut or part of a hut,
(b) any furniture supplied or any fittings affixed by the landlord for use of the tenant in such build- ing or part of a building or hut or part of a hut, but does not include a room or part of a room or other accommodation in a hotel or lodging house or a stall in a municipal market as defined in clause
(44) of section 3 of the Calcutta Municipal Act, Ben. Act 1923, or in any other market maintained by or III of 1923. belonging to a local authority or a stall let at variable rents at different seasons of the year for the retail sale of goods in any other market as defined in clause (39) of section 3 of the Calcutta Municipal Act, 1923, or clause (30) of section 3 of the Bengal Municipal Act, 1932; Ben. Act XV of
(9) "prescribed" means prescribed by rules made under 1932. this Act ;
(70) "standard rent" in relation to any premises means—
(a) the standard rent determined in accordance with the provisions of Schedule A,
(b) where the rent has been fixed under section 9, the rent so fixed; or at which it would have been fixed if application were made under the said section;
(11) "tenanr means any person by whom rent is, or but for a special contract would be, payable for any premises, and includes any person who is liable to be sued by the landlord for rent.
4
The West Bengal Premises Rent Control 3 (Temporary Provisions) Act, 1950.
XVII of 1950.]
(Chapter 11.—Provisions regarding rent and salami.-- Sections 3-6.)
CHAPTER II.
PROVISIONS REGARDING RENT AND salami.
3. (1) Subject to the provisions of this Act, any amount Amount of in excess of the standard rent of any premises shall be irre- excess of coverable notwithstanding any agreement to the contra ry. standard rent to be irrecover-
(2) For the purposes of sub-section (1), the rent shall be able. deemed to have accrued from day to day :
Provided that nothing in this section or Act shall be deemed to affect the terms as to rent of a lease entered into before the first day of December, 1941, the period of which has not expired.
4. No person shall, in consideration of the grant, renewal Premium, or continuance of a tenancy of any premises, — 8G1 1 or fine not
(al claim, receive, or invite offers or ask for they
to be - claimed, ment of, any premium, salami, fine or any other received or like imposition in addition to the rent, or asked for or advance
(b) except with the previous written consent of the ofmore Controller, claim or receive the payment of any than one sum exceeding one month's rent of such premises s mnotn ntho't as rent in advance. to be
claimed or
received.
5. Nothing in this Act shall apply to a lease of any Exception premises entered into after the 1st day of December, 1941, for in the a period of not less than fifteen years which is not terminable case of long within the said period at the option of the landlord : leases. Provided that the provisions of this section shall not in any way affect any right acquired or accrued under section 5 West Ben. of the West Bengal Premises Rent Control (Temporary Act
XXXVIII Provisions) Act, 1948, or require the landlord to refund any of 1948. premium, or salami or other like sum in addition to the rent, received by him in accordance with the provisions of that section.
6. No person shall make the purchase or hiring of any Restriction furniture in any premises a condition of the grant, renewal on the sale or continuance of a tenancy of such premises and no person of furni- shall sell or hire the furniture in any premises of which he ture in any premises is the landlord to the tenant of such premises, except under let to a a permit in the prescribed form from the Controller and such tenant. permit shall not be given unless the price or hire is reason- able.
5
4 The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. [West Ben. Act
(Chapter 11.—Provisions regarding rent and salami, Sections 7-9.)
Refund of
rent, pre- 7. (1) Where any sum has been paid or deposited on or mium, after the date of the commencement of this Act in respect of the occupation of any premises,—
etc., not
recoverable (a) on account of rent, being a sum which is by reason under the of the provisions of this Act irrecoverable, or Act- (b) as premium, salami, fine or other like imposition in addition to the rent or as rent in advance, the claiming or the receiving of which is prohibited under this Act, or
(c) on account of price or hire of any furniture in such premises without the permit of the Controller under section 6,
the Controller may, on application made to him in this behalf at any time within a period of six months from the date of such payment or deposit by the tenant by whom such payment or deposit was made, order the landlord by whom such payment was received or to whose credit such deposit was made, to refund such sum to such tenant or, at the option of such tenant, order the adjustment of any sum so paid or deposited in any other manner..
(2) An order of refund passed by the Controller under sub-section (1) shall be executed by the Court having juris- diction to entertain a suit for the recovery of arrears of rent in respect of the premises in relation to which the sum ordered to be refunded was paid or deposited, as if such order of refund were a decree of that Court.
Fixation 8. Where any premises are let at a rent which includes of rent of payment in respect of the use of furniture, the Controller furnished
premises. may, on application of the tenant made within six months of the beginning of the tenancy, reduce the portion of the rent which according to the Controller was added in respect
of the use of the furniture, to a fair and reasonable amount
if he finds that such portion of the rent was unduly high;
and the resultant rent of the premises shall be stated by the
Controller and shall be deemed to be standard rent fixed under
section 9:
Provided that nothing in this section shall affect the
power of the Controller to fix standard rent under other
provisions of section 9.
Cases in 9. (1) In any of the following cases, the Controller
which shall on application by any landlord or tenant, fix the
standard
rent shall standard rent as set forth hereunder : —
be fixed (a) Where the provisions of Schedule A apply and there
by the is no cause for the alteration of the rate of
Controller. standard rent as determined according to the
schedule for any of the reasons mentioned in the
following clauses, in accordance with the provi-
sions of Schedule A.
(b) Where during the currency of a standard rent pay- able for any premises there has been an increase in the municipal taxes, rates or cesses in respect
6
The West Bengal Premises Rent Control 5 (Temporary Provisions) Act, 1950. XVII of 1950.1
(Chapter 11.—Provisions regarding rent and salami.— Section 9.)
of the premises, by adding to it the amount of such increase as is payable by the landlord by I agreement with the tenant over and above what is payable by the landlord himself under the local Municipal Law.
(c) Where during the currency of a standard rent pay- able for any premises the landlord has made some addition, alteration, or improvement in the premises, not being tenantable repairs necessary or usual for such premises, by adding to such standard rent payable in one year ten per centum of the amount reasonably spent by the landlord in making the said addition, alteration or im- provement, the added amount being divided amongst instalments for payment of rent of the year as would be just and convenient :
Provided that when the premises are in occupation of a tenant at the time of the said addition, alteration or improvement the additional rent shall not be recoverable from such tenant, unless such addi- tion, alteration or improvement has been made at the written request of the tenant.
(d) Where during the currency of a standard rent the landlord has supplied any furniture for use of the tenant in the premises, by adding to such standird rent payable in one year ten per centum of the price of the said furniture as on the day they are supplied, the added amount being divid- ed amongst instalments for payment of rent of the year as would be just and convenient. 4t:i •
(e) Excepting the case covered by clause (f) following where the provisions of Schedule A for determin- ing the standard rent do not apply, either because the premises or the whole of the premises were not let on the first day of December, 1941, or for some other reasons, or where any premises have been let rent-free or at a nominal rent, or for some consideration other than money rent, or in addition to money rent, by fixing the standard rent at a rate in accordance with Schedule A, taking the rent which would have been reason- ably payable for the premises if let on the first day of December, 1941, as "basic rent" under the said Schedule.
(f) Where any premises have been wholly or are sub- stantially constructed after the 31st day of Decem- ber, 1949, by fixing the standard rent payable for one year at a rate not less than four per centum and not more than six per centum of the reasonable costs of • construction added to the reasonable price of the land included in the premises as on the date of the commence- ment of such construction taking into account
7
6 The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. [West Ben. Act
(Chapter 11.—Provisions regarding rent and salami.— Section 10.)
the prevaling rate of rent in the locality for similar accommodation with similar advantages and amenities and the comparative advantages or dis- advantages of accommodation in the premises :
Provided that where the premises whose standard rent is
.11 ; to be fixed form a part of the construction the standard rent shall be fixed at a rate which is fairly proportionate to the total standard rent of the entire construction.
(g) Where no provisions of this Act for fixing standard rent apply to any premises, by determining the standard rent at a rate which is fair and reason- able.
(2) If in fixing the standard rent the Controller is required by this Act to determine the rent at which the premises were let on the first day of December, 1941, but it is not reasonably practicable to obtain sufficient evidence for determining the said rent, he shall determine approxi- mately the rent at which in reasonable probability the premises were let-on the date, and the rent so determined shall be deemed to be the rent at which the premises were ltte on the first day of December, 1941; and for the said purpose he may have regard to the standard rents of similar premises in the neighbourhood, and may make presumptions either against the landlord or the tenant who, in his opinion, is in a position to produce relevant evidence but is refraining from doing it.
Date on 10. (1) When in fixing the standard rent under sec- which tion 9 the rent which was being paid at the time of the standard
rent fixed application is—
by the decreased by the Controller, the standard rent fixed Controller shall be payable from the month next after the takes
effect. date of application, unless for reasons to be recorded by the Controller he decides that such rent should operate from any earlier or later date ;
(ii) increased by the Controller, the standard rent fixed shall be payable from the time as hereunder pro- vided, viz. :—
(a) if increased under clause (a) of sub-section (1) of section 9, from the month next after the date of the application;
(b) if increased under clause (b) of the said sub-sec- tion, from the month from which the increase in the municipal rates, taxes or cesses came into force;
(c) if increased under clause (c) of the said sub- section, from the month next after that in which the addition, alteration or improvement was completed;
(d) if increased under clause (d) of the said sub- section, from the month next after that 'in which the furniture was supplied.
8
The West Bengal Premises Rent Control 7 (Temporary Provisions) Act, 1950.
XVII of 1950.]
(Chapter 11.—Provisions regarding rent and salami.— Chapter 111.—Suits and proceedings for eviction.— Sections 11, 12.)
(2) Where the standard rent is fixed,—
(a) under clause (e) of the said sub-section, it shall be payable from the month next after the date of the application;
(b) under clause (f) of the said sub-section, it shall be payable from the month next after the date of the application, unless for reasons to be recorded by the Controller he decides that such rate of rent should operate from any earlier or later date;
(c) under clause (g) of the said sub-section, it shall be payable from the month next after the date of the application, unless for reasons to be recorded by the Controller he decides that such rate of rent should operate from any earlier or later date.
(3) In fixing the standard rent the Controller shall, in every instance, specify in his order the time from which the rent so fixed shall become payable.
11. Nothing in the provisions of this Act, including Landlord Schedule A,, shall entitle the landlord to claim rent from the not to tenant at a rate different from that at which it is being paid claim rent at a rate at the time, except by agreement with the tenant, valid in different law including this Act, or unless a different rate is fixed from that. under section 9. at which
it is being
paid except
in certain
cases.
CHAPTER III.
SUITS AND PROCEEDINGS FOR EVICTION.
12. (1) Notwithstanding anything to the contrary in Protection any other Act or law,, no order or decree for the recovery of a tenant of possession of any premises shall be made by any court in against eviction. favour of the landlord against a tenant, including a tenant whose lease has expired:
Provided that nothing in the sub-section shall apply to any suit for decree for such recovery of possession,—
(a) against a tenant who has transferred his tenancy right in whole or in part with possession other- wise than by sub-lease;
(b) against such transferee;
(c) against a tenant who has sub-let the whole or a major portion of the premises for more than seven consecutive mont:hs
Provided that if a tenant who has sub-let major portion of the premises agree to possess as a tenant the portion of the premises not sub-let on payment of rent fixed by the Court, the Court shall pass a decree for ejectment from only a portion of the premises sub-let and fix proportionately fair rent for the portion kept in possession of such tenant,
9
8 The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. [West Ben. Act
(Chapter 111.—Suits and proceedings for eviction.— Section 12.)
which portion shall thenceforth constitute premises under clause (8) of section 2 and the rent so fixed shall be deemed standard rent fixed under section 9, and the rights and obligations of the sub-tenants of the portion from which the tenant is ejected shall be the same as of sub-tenants under the provision of section 13;
(d) where the tenant has done any act contrary to the provisions of clause (m), clause (o) or clause(p) of section 108 of the Transfer of Property Act, iv of-Ii:82. 1882;
(e) where the tenant has been using the premises or any part, or allowing the premises or any part to be used for immoral or illegal purposes;
(f) where the condition of the premises has materially deteriorated owing to acts of waste by, or negli- gence or default of, the tenant, or of any person residing with the tenant, or for whose behaviour the tenant is responsible;
(g) where the tenant has been guilty of_conduct which is a nuisance or annoyance to occitpj,ers oft s d- joining or neighbouring premises,ludin he landlord;
(h) where the premises are reasonably required by the landlord either for purposes of building or re- building, or for his own occupation or for the occupation of any person for whose benefit the premises are held.: provided that all sub-tenants in-the premises are made parties to the suit, and allowed opportunity of contesting claim to decree for ejectment.
Explanation.—The Court in determining the reason- ableness of requirement for purposes of building or re-building shall have:lregard to the compara- tive public benefit or disadvan.tage by extending or diminishing accommodation, and in determin- ing the reasonableness of requirement for occupa- tion. shall have regard to the comparative advantage or disadvantage of the landlord or the person for whose benefit the premises are held and of the tenant:
Provided that where the Court thinks that the reasonable requirement of such occupation may be substan- tially satisfied by evicting the tenant from a part only of the premises and allowing the tenant to continue occupation of the rest and the tenant agrees to such occupation, the Court shall pass a decree accordingly, and fix a proportionately fair rent for the portion in. occupation of the tenant, which portion shall henceforth constitute the premises within clause (8) of section 2, and the rent fixed shall be deemed to be the standard rent fixed under section 9;
10
The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. XVII of 1950.]
(Chapter Ill.—Suits and proceedings for eviction.— Section 13.)
(i) subject to the provisions of section 14, where the. amount of two months' rent legally payable by the tenant and due from him is in arrears by not
having been paid within the time fixed by con-
tract, or in the absence of such contract by the
fifteenth day of the month next following that
for which the rent is payable or by not having
been validly deposited in accordance with section
19.
Explanation.—In the proviso to sub-section (1) the term "suit" does not include proceeding under XV of Chapter VII of the Presidency Small Cause Courts 1882. Act, 1882.
(2) Nothing in this section or in this Act shall be deemed to entitle the landlord to get a decree for the recovery of possession of any premises against the tenant, where any contract or law debars such relief, or except in accordance with the provisions of law for getting such relief ; and such contract shall not be deemed to be inoperative by reason of interference by this Act with other terms of the lease.
3. (1), Notwithstanding anything contained in this Sub-lease Ad'or in any other law for the time being in force, if a not to be binding in. tenant inferior to the tenant of the first degree sub-lets in certain whole or in part the premises let to him except with the cases. consent of the landlord' and of the tenant of a superior degree above him, such sub-lease shall not be binding on such non- consenting landlord, or on such non-consenting tenant. Explanation.—In this sub-section--
(a) "a tenant of the first degree" means a tenant who does not hold under any other tenant;
(b) "a tenant inferior to the tenant of the first degree"
means a tenant holding immediately or mediately under a tenant of the first degree;
(c) "landlord" means the landlord of a tenant of the first degree.
(2) Where any premises or any part thereof have been or has been sub-let by "a tenant of the first degree" or by
"a tenant inferior to a tenant of the first degree", as defined in explanation to sub-section (1), and the sub-lease is bind- ing on the landlord of such last mentioned tenant, if the tenancy of such tenant in either case is lawfully determined otherwise than by virtue of a decree in a suit obtained by the landlord by reason of any of the grounds specified in clause(h) of the proviso to sub-section (1) of section 12, the sub-lessee shall be deemed to be a tenant in respect of such premises or part, as the case may be, holding directly under the landlord of the tenant whose tenancy has been determined, on terms and conditions on which the sub-lessee would have held under the tenant if the tenancy of the latter had not been so determined :
Provided that it shall be competent for the landlord, or any person deemed under this section to be a tenant holding
11
10 The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950.
[West Ben. Act
(Chapter 111.—Suits and proceedings for eviction.— Section 14.)
directly under the landlord, to make an application to the Controller for fixing rent of the premises or part thereof: in respect of which such person is so deemed to be a tenant and until the rent is fixed by the Controller on such applica- tion such person shall be liable to pay to the landlord the same rent as was payable by him in respect of the premises or part thereof, as the case may be, to the tenant before the tenancy of the tenant therein had been determined. The Controller in fixing the rent shall not determine such rent at the rate which is beyond the limit fixed by paragraph (4) of Schedule A. The rent so fixed shall be deemed to be the standard rent fixed under section 9.
When a 14. (1) If in a suit for recovery of possession of any pre- tenant
can get mises from the tenant the landlord would not get a decree the for possession but for clause (i) of the proviso to sub-section benefit of (1) of section 12, the Court shall determine the amount of protection rent legally payable by the tenant and which is in arrears against taking into consideration any order made under sub-section (4) eviction. and effect thereof up to the date of the order mentioned here- after, as also the amount of interest on such arrears of rent calculated at the rate of nine and three-eighths per centum per annum from the day when the rents beca'me arrears up to such date, together with the amount of such
cost of the suit as is fairly allowable to the plaintiff- landlord, and shall make an order on the tenant for paying the aggregate of the amounts (specifying in the order such aggregate sum) on or before a date fixed in the order.
(2) Such date fixed for payment shall be the fifteenth day from the date of the order, excluding the day of the order.
(3) If within the time fixed in the order under sub- section (1), the tenant deposits in the court the sum specified in the said order, the suit, so far as it is a suit for recovery of possession of the premises, shall be dismissed by the court. In default of such payment Vie court shall proceed with the hearing of the suit :
Provided that the tenant shall not be entitled to the benefit of protection against eviction under this section if he makes default in payment of the rent referred to in clause (i) of the proviso to sub-section (1) of section 12 on three occasions within a period of eighteen months.
(4) If the tenant contests the suit, as regards claim for ejectment, the plaintiff-landlord may make an application at any stage of the suit for order on the tenant-defendant to deposit month by month rent at a rate at which it was last paid and also the arrears of rent, if any, and the court after givinc, an opportunity to the parties to be heard may make an order for deposit of rent at such rate month by month and the arrears of rent, if any, and on failure of the tenant to deposit the arrears of rent within fifteen days of the date of the order or the rent at such rate for any month by the fifteenth day of the next following month, the court shall order the defence against ejectment to be struck out and the tenant to be placed
12
The West Bengal Premises Rent Control 11 (Temporary Provisions) Act, 1950. XVII of 1950.]
(Chapter 111.—Suits and proceedings for eviction.— Sections 15-17.)
in the same position as if he had not defended the claim to ejectment. The landlord may also apply for permission to Withdraw the deposited rent without prejudice to his right to claim decree for ejectment and the court may permit him to do so.
(5) The power given under sub-section (4) may be exer- cised by courts of appeal with necessary adaptation.
15. (1) Where the landlord recovers possession of any When a premises from the tenant by virtue of a decree secured tenant is entitled because of clause (h) of the proviso to sub-section (1) of to restora- section 12, and the building or re-building of the premises is tion of not commenced within six months, or the premises are not possession occupied by the landlord or by the person for whose benefit and com- the premises are held within two months of the date of pensation. vacation of the premises by such tenant, or the premises, having been so occupied, are re-let within six months 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
firemises,'-and giving the landlord an opportunity of being 'beard, by .orcler direct the landlord to put such tenant in possession of the premises or to pay him such compensation as may be fixed by the Controller or both
Provided that the Controller may, on the application of the landlord, extend the period within which the building or re.-building of the premises is to be commenced, by two months at a time and twelve months in all.
(2) Where the landlord obtains a decree for ejectment because of clause (h) of the proviso to sub-section (1) of section 12 and one of the principal reasons for passing such a decree is the expected public benefit of the proposed project of building or re-building by extending accommoda- tion, but the actual building or re-building deviates materially from the said project and fails substantially to provide the expected extension of accommodation, the Controller, may, on the application of the previous tenant, and after giving the landlord opportunity of being heard, levy a fine on the landlord, which may extend to rupees five thousand, and may, in addition, order the landlord to pay such compensation to the previous tenant as may be fixed by the Controller.
16. Notwithstanding anything contained in any other Special law a suit by a landlord against a tenant in which recovery provisions regarding of possession of any premises to which this Act applies is jurisdiction claimed shall lie to the courts, as set out in Schedule B, of Courts and no other court shall be competent to entertain or try for trial such suit. of suits for possession.
17. (1) Such portion of rent as exceeds the standard Refixation rent determined according to the provisions of this Act shall of standard be irrecoverable from the month of the tenancy next after root. the month in which this Act comes into force, whether the
13
12 The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. [West Ben_ Act
(Chapter 111.—Suits and proceedings for eviction.— Section 18.)
said rent was fixed by agreement, or by proceeding under the West Bengal Premises Rent Control (Temporary Provi- West Ben. sions) Act, 1948. Act
XXXVLII
(2) Where standard rent has been fixed under the pro- of 1948. visions of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948, whether by the Controller or on appeal from his order, the Controller shall, on applica- tion made to him, refix the standard rent according to the provisions as laid down by this Act.
(3) If at the date when this Act comes into force pro- ceeding for fixing standard rent is pending before the Con- troller or in appeal, the Controller or the appellate officer shall fix the standard rent in accordance with the provisions as laid down by this Act.
Power of 18. (1) Where any decree for recovery of possession of Court to any premises has been made on the ground of default in rescind or
vary payment of arrears of rent under the provisions of the West decrees Bengal Premises Rent Control (Temporary Provisions) Act, and 1948, but the possession of such premises has not been orders or recovered fro*: the tenant, the tenant may apply to the trial to give
relief in court within silty days of the coming into force of this Act pending for vacating the decree for ejectment against him and within suits in such period no order for delivery of possession shall be made certain by any court, nor if an application is made by the tenant cases. under this sub-section till the application has been dismissed under sub-section (4).
(2) The Court shall, as early as may be, serve notice of the application on the landlord and after hearing the parties if the landlord appears, determine the amount of rent which would have been payable by the tenant and would be in arrears if the tenancy continued unbroken up to and includ- ing the month in which the order stated hereafter is to be maV, and order the tenant to pay the said amount as also the amount of interest on such arrears of rent calculated at the rate of nine and three-eighths per x.e. ntum per annum together with such costs, if any, as may be adjudged to the lar4dlord, within such time, not later than forty days from the date of the order, as the court may fix.
(3) If the tenant pays the said sum within the time fixed, the court shall vacate the decree for ejectment with all consequential orders, and the tenancy shall continue as if it never terminated.
(4) On failure of the tenant to make the payment within time his application shall be dismissed with such costs as the court may award to the landlord.
(5) If at the date when this Act comes into force, a suit for ejectment of a tenant is pending whether in trial court or in court of first or second appeal in which no decree for ejectment would be passed except on the ground of default in payment of arrears of rent under the provisions of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948, the court shall exercise the powers of granting relief against ejectment given by section 14 of this Act following
14
The West Bengal Premises Rent Control 13 (Temporary Provisions) Act, 1950. XVII of 1950.]
(Chapter IV. Deposit of rent.—Section 19.) the provisions and procedure of that section as far as may be -necessary, and for the said purpose shall make such order for amendment of pleadings, production of evidence, remand, payment of costs as may be necessary or just.
CHAPTER IV.
DEPOSIT OP RENT.
19. (1) Where the landlord does not accept any rent Deposit of tendered by the tenant, or the tenant experiences difficulty rent by in paying the rent to the landlord of the premises, he may the tenant. deposit such rent with the Controller in the prescribed manner.
(2) The deposit shall be accompanied by an application supported by an affidavit, from the tenant stating (a) the premises for which the rent is deposited, with description sufficient for identifying the premises, (b) the period for which the rent is deposited, .(c) the name and address of the landlord, and (d) the reasons and circumstances_ which led hi'm to deposit the rent :
Provided that no affidavit in support of an application shall be required in case of a deposit made subsequent to the first deposit if the reasons and circumstances which led the tenant to make the first deposit remain the same.
(3) The application shall be accompanied by a correct copy of the application and the prescribed fee for sending to the landlord, or to person or persons mentioned• in sub- section (4), the notice of the deposit, accompanied by a copy of the application by registered post with acknowledgment due.
(4) When the reason for making the deposit is doubt as to the person of persons entitled to receive the rent, the tenant shall state 1n his application, if possible, the name and address of the person or persons who, to his best infor- mation and belief, is the landlord entitled . to receive the rent, and in case there are more such persons than one the application shall be accompanied by as many copies as there are such persons.
(5) The Controller, on receipt of the deposit, the pre- scribed fee, the application and its copy or copies, shall, within fifteen days of such receipt, send to the landlord or to the person or teach of the persons referred to in sub-section (4), if any such person or persons have been named with address in the application, a notice of the deposit in the prescribed manner, as also a copy of the application, authen- ticated by the seal of his office and his signature or the signature of some person authorised by him, by registered post with acknowledgment due. A copy so authenticated shall be evidence in court of law without further proof of the contents of the original application made to the Controller.
15
14 The West Bengal Promises Rent Control (Temporary Provisions) Act, 1950. [West Ben. Act
(Chapter 1V.—Deposit of rent.—Section 20.)
(6) If the landlord named in the application asks by a petition for payment to him of the rent deposited, the Con- troller, on being satisfied that the landlord named in the application is the petitioner, shall pay the amount to him in the prescribed manner.
(7) If the person or persons named in the application according to sub-section (4), asks or ask by a petition for payment to him or to them of the rent deposited, stating that he or they is or are the landlord or landlords entitled to receive the rent, or asking for payment to them keeping open the question of disputed landlordship, or agreeing that some one or more amongst them should receive payment, the Controller on being satisfied that the person or persons named in the application is or are the petitioner or petitioners shall pay the amount to him or them in the prescribed manner.
(8) If the amount of rent deposited is not withdrawn by the landlord or person or persons mentioned in sub-section (4), before the expiration of five years from the date of posting of notice of the deposit, it shall, subject to any order of any court, be forfeited to Government.
(9) If .* the time of filing the petition mentioned in sub-section (6) or (7), but not after the expiry of thirty days from receiving the notice of deposit, the landlord or the person or persons mentioned in sub-section (4), complain to the Controller that the statements in the tenant's application of the reasons and circumstances which led him to deposit the rent are untrue, the Controller, after giving the tenant opportunity of being heard, may levy a fine on him which may extend to five hundred rupees if he is satisfied that the said statements were materially untrue an that there was no difficulty in paying the rent direct to.'the landlord as alleged in his application for deposit- ing,th.e rent, and may order that a sum out of the fine realised be paid to the landlord as compensation. But if on hearing the matter the Controller is satisfied that the said statements were substantially correct and there was difficulty in the way of the tenant paying• the rent direct to the landlord as alleged in the tenant's application, he may levy a fine on the complainant which may extend to five hundred rupees, and may order that a sum out of the fine realised be paid to the tenant as compensation.
Explanation.—If after such complaint the complainant does not desire or neglects to proceed with the hearing of his complaint, the matter may be heard and order made at the instance of the tenant.
Time-limit
for making 20. (1) No rent deposited under section'19 shall be con- deposit and sidered to have been validly deposited under that section conse- for purposes of clause (i) of the proviso to sub-section (1) quence of of section 12, unless deposited within fifteen days of the time incorrect
particukrs fixed by contract for payment of the rent, or in the absence in applica- of such contract unless deposited within the first day of the tion for second month next following that for which the rent was deposit. payable.
16
The West Bengal Premises Rent Control 15 . (Temporary Provisions) Act, 1950. XVII of 1950.]
(Chapter IV.—Deposit of rent.—Chapter V.—Hotels and Lodging Houses.—Sections 21-25.)
(2) Nor shall such deposit 'be considered to have been validly made for purposes of the said clause if any state- ments in the tenant's application depositing the rent, whether made designedly or with gross negligence, were calculated to prevent the landlord from receiving payment from the Controller, unless the landlord has received such payment before the date of filing suit for recovery of pos- session of premises from the tenant.
(3) If the rent is deposited within the time mentioned in sub-section (1), and does not cease to be a valid deposit for the reason mentioned in sub-section (2), the deposit shall con- stitute payment of rent to the landlord if the amount deposited would have been valid legal tender of rent if tendered to the landlord on the date fixed by contract for payment of rent when there is such a contract, or• in the absence of such contract on the fifteenth day of the month next -following that for which rent is payable.
21. The receipt of payment of rent deposited under Saving' section 19 from the Controller, in the manner provided there-
as to in, shall not operate as an admission against the receiver of acceptance of rent. the correctness of the rate of rent, the amount due, or of any otUr facts stated in the tenant's application depositing the rent under the said section, nor shall it operate as a waiver of any notice to quit given by him to the tenant. 'CHAPTER V.
HOTELS AND LODGING ilOuSEs.
22. The Controller shall, on application made by any Fixation person interested,— • of fair rate and
(a) fix a fair rate to be charged for board, 'lodging or number of other service provided in a hotel or lodgingrhouse lodgers. and in fixing such fair rate specify separately the rate for lodging, board or other service;
(b) fix the number of lodgers to be accommodated in each room or specified unit of accommodation in a hotel or lodging house.
23. The Controller may from time to time revise the Revision of fair rate or the number of lodgers fixed under section 22. fair rate and num- ber of
lodgers.
24. The manager of a hotel or the owner of a lodging Notice of house shall, where the fair rate or the number of lodgers has fair rate and been fixed under section 22 for a hotel or lodging house, number of display in a conspicuous part of the hotel or lodging house lodgers to a notice of the fair rate and the number of lodgers so fixed. be dis- played.
25. An agreement for the payment of any charge in Agree- excess of the fair rate referred to in section 22 shall be null ment for and void in respect of such excess and shall be construed as payment of if it were an agreement for the payment only of such fair charges in excess of rate. fair rate.
17
16 The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950.
[West Ben. Act
(Chapter V.—Hotels and Lodging Houses.—Chapter VI.— Appointment of the Controller and other officers, their powers and functions.—Sections 26-28.) No
eviction if 26. No manager of a hotel or owner of a lodging house fair rate shall have any right to evict or refuse board or other service paid. to a lodger as long as he pays or tenders payment of the fair rate fixed under section 22 and observes and performs the other conditions of the agreement in so far as they ,a24, not inconsistent with the provisions of this Chapter :
Provided that a lodger shall not be entitled to the benefit of this section—
(a) if the lodger has been guilty of conduct which is a nuisance or an annoyance to the other lodgers of the hotel or lodging house; or
(b) if the lodger has continuously been absent from such hotel or lodging house for a period exceeding two months; or
(0) if the lodger having contracted to stay for any specified period stays beyond that period, unless the Controller on an application made to him in this behalf extends the period.
Punish- 27. (1) Every manager of a hotel or owner of a lodging ment. house who accommodates lodgers or permits lodgers to be accommodated in a room or specified unit of accommodation in a hotel or lodging house in excess of the number fixed by the Controller under section 22, except with the consent of all the lodgers of such room or specified unit of accom- modation, shall on conviction in a Criminal Court be punished with fine which may extend to one thousand rupees.
(2) Every manager of a hotel or owner of a • lodging house who.fails to display a notice as required under section 24 of the fair rate or the number of lodgers fixed under sec- tion a2 shall on conviction in a Criminal Court be punished wit `nt which may extend to five hundred rupees.
CHAPTER VI.
APPOINTMENT OF THE CONTROLLER AND OTHER OFFICERS,
THEIR POWERS AND FUNCTIONS.
Appoint-
28. (1) The State Government may, by notification, ment of
Controller appoint a person to be the Controller for any area or part and of area to which this Act extends to exercise the powers Additional and discharge the.-duties conferred and imposed upon the and Controller by or -under this Act in such area or part. Deputy
Controllers. (2) The State Government may also, by notification, appoint any person to be an Additional ContrqAer or a Deputy Controller for any area to which this Actv.ettends.
(3) An Additional Controller or a Deputy Controller shall exercise such ot the functions of the Controller as may, subject to the control of the State Government, be assigned to him by the Controller and in the discharge of these functions an Additional Controller or a Deputy Con- troller shall exercise the same powers and discharge the same duties as the Controller.
18
The West Bengal Premises Rent Control 17 (Temporary Provisions) Act, 1959. XVII of 1950.]
(Chapter V1.—Appointment of the Controller and other officers, their powers and functions.—Sections 29, 30.)
(4) The Controller may—
(a) transfer any case pending before him for disposal to any Additional Controller or Deputy Controller, Or
(b) withdraw any case pending before any Additional Controller or Deputy Controller, and
(i) dispose of such case himself, or
(ii) transfer such case for disposal to any other Addi- tional Controller or Deputy Controller.
(5) A Controller, an Additional Controller or a Deputy Controller appointed under this section shall be either,—
(a) a member—
(i) in Calcutta, of the Judicial Branch of the State Civil Service of not less than ten years' standing in such service, and
(ii) elsewhere, of the Executive or Judicial Branch of the State Civil Service, or State Junior Civil Service, or
(b) (i) an advocate or attorney of the High Court in Calcutta of not less than ten years standing, and
(ii) an advocate, or pleader of not less than ten years' standing elsewhere.
29. (1) The hearing of every application made to the Final Controller under this Act shall be completed within a period hearing of three months, other than an application for obtaining of certain permission under sub-section (2) of section 38, which shall applica-tions. be completed within a period of one month, unless, in either case, for reasons to be recorded by the Controllerin writing, it is not possible for him to complete the hearing within that period.
(2) The hearing of every application shall, whet it has begun, be continued from day to day unless, for reasons to be recorded by the Controller in writing, it is not possible so to do.
(3) In all proceedings before him the Controller shall consider the question of costs and may award to and against any party such costs as would be reasonable.
30. Subject to other provisions of this Act before exer- Notice , to cising any of the powers conferred on him by this Act, the landlords Controller shall give notice by registered post of his inten- and tion to do so to the landlord and to the tenant, if any, and tenants shall cause a copy of such notice to be affixed in a conspi-
before exercising cuous place at the office of the Controller, and shall duly powers consider any application received by him within the period under the specified in the notice from any person having any interest Act. in the premises in respect of which such power is exercised. Explanation.—No such notice shall be necessary for exercise of the powers of the Controller under sections 38, 39 and 42.
19
18 The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. [West Ben. Act
(Chapter VI.—Appointment of the Controller and other officers, their powers and functions.—Chapter VII.— Appeal, Revision and Review.—Sections 31, 32.) Power to 31. (1) For the purposes of any inquiry for discharge enter and of his duties under this Act the Controller may,— inspect
premises, (a) enter and inspect, or authorise any officer subordinate to require
informa- to him to enter and inspect, any premises, hotel or tion and lodging house at any time between sunrise and to summon sunset; or
witnesses. (b) by written order require any person to produce for his inspection such accounts, rent receipts, books or other documents relevant to the inquiry, at such time and at such place, as may be specified in the order :
Provided that no premises shall be entered under clause (a), without the consent of the occupier, unless at least twenty-four hours' previous notice in writing has been given.
(2) The Controller shall, subject to any rules made under this Act, and, in so far as such powers are necessary for carrying out the provisions of this Act, have power to summon and enforce the attendance of witnesses, and to 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. Act V of
1908.
CHAPTER VII.
APPEAL, REVISION AND REVIEW.
Appeal 32. (1) From every final order of the Controller an and appeal shall lie—
review.
(a) in respect of premises within the Ordinary Original Civil Jurisdiction of the Calcutta High Court to the Chief Judge of the Court of Small Causes of Calcutta, who shall entertain and hear the appeal in the capacity of a judicial officer as described in paragraph (1), sub-paragraph (ii) of Schedule B, with power to transfer as provided therein and the court to which the appeal is transferred shall also hear it in the capacity of a judicial officer as therein described;
(b) in respect of premises elsewhere to the District Judge of the district in which the premises in respect of which such order is made are situated, with power to transfer the appeal for hearing to any court of Subordinate Judge within the district.
(2) Such appeal shall be filed within thirty' days of the order of the Controller excluding the day of the order and such time as is requisite for obtaining a certified copy of the order.
(3) The procedure for filing the appeal and powers and procedure of the court in . entertaining and hearing the appeal shall be the same as in appeals from orders under the Code of Civil Procedure, 1908.
20
The West Bengal Premises Rent Control 19 (Temporary Provisions) Act, 1950. xvia of 1950.]
(Chapter V.11.1.—Penalties and Miscellaneous.— Section 33.)
(4) From any order made in such appeal no further appeal shall lie, but the High Court may revise the order on the ground of error of law, or on the ground of material failure of justice.
(5,V.The Controller, the appellate officer hearing appeals from- oMers of the Controller, and the High Court exercis- ing power of revision under sub-section (4), may exercise Act V of
1908. powers given to courts by sections 151 and 152 of the Code of Civil Procedure, 1908, and may also exercise the power of review given to courts by Order 47 of the Code of Civil
Procedure, 1908, subject to conditions, so far as applicable,
as laid down in the said Order, and subject to the law of
IX of 1908. limitation as laid down in the Indian Limitation Act, 1908.
(6) (i) Appeal from decree in a suit described in section 16, when passed by the Chief Judge of the Calcutta Court of Small Causes in exercise of capacity of judicial officer as described in Schedule B shall be to the High Court as appeal from the Court of District Judge. Appeal from decree in such suit passed by any other Judge of the Calcutta Court of Small Causes in exercise of capacity of judicial officer as described in Schedule B, shall be to the High Court, when the value of the suit exceeds rupees five thousand, as appeal from the Court of Subordinate Judge.
(ii) When the value of the suit heard by such Judge does not exceed rupees five thousand the appeal shall be to a Bench consisting of the Chief Judge and another Judge of the Calcutta Court of Small Causes other than the Judge from whose decree the appeal has been, preferred as selected by the Chief Judge, and in case they differ in opinion the appeal shall be heard by a third Judge of the same court selected by the Chief Judge, other than the Judge from whose decree the appeal has been preferred, and the appeal shall be decided in accordance with the opinion of the majority of the Judges who heard the appeal, and in case there is no such majority the decision shall be in accordance with the opinion of the Chief Judge. The Chief Judge and the other Judge or Judges hearing the appeal shall do so in capacity respectively of judicial officer as prescribed in Schedule B.
CHAPTER VIII.
PENALTIES AND MISCELLANEOUS.
33. (1) Who*. knowingly— Penalty for
(a) receives, whether directly or indirectly, any sum on recovering accoouunnt t of the rent of any fein is es in excess of rent m ionfe the standard rent, or the 1,-Al
(b) receives, whether directly or indirectly, or invites restnant.d ard offers or asks for, any premium, salami, fine or any other like imposition in addition to the
standard rent, or
21
20 The West Bengal Premises Rent Control (Temporary Provisions) Act, 19510.
[West Ben. Act
(Chapter VII.1.7--Penalties and Miscellaneous.— Sections 34, 35.)
(c) receives, whether, directly or indirectly, any sum• as rent in advance in. excess of one month's relit without the written consent of the Controller; shall, on the complaint of the party aggrieved or of the State Government to the Controller, be liable,—
(i) in the case referred to in clause (a), on the first occasion, to a fine which may extend to five times r!. the amount recovered in excess of the standard rent, and on a second or subsequent occasion in regard to the same or any other premises, to a fine which may extend to ten times the amount of such excess;
(ii) in the case referred to in clause (b), on the first occasion, to a fine which may extend to two thousand rupees, and on a second or subsequent occasion in regard to the same or any other premises, to a fine which may e±tend to five thousand rupees; and
(iii) in, the case referred to in clause (c), on the first ,ocpasion, to a fine which may extend to twice the amount received in excess of one month's rent, and on a second or subsequent occasion. in regard to the same or any other premises, to a fine which may extend to four times the amount so received, to be imposed, in each case after inquiry, by the Controller.
(2) A person shall also be deemed to receive a sum in excess of the standard rent under clause (a) of sub-section (1), if he receives any form of consideration having money value ass pan of rent, and the total rent thus received is in excess of the standard rent.
Penalty for 34. Whoever, in any case in which an order or decree disturb. for the recovery of possession of any premises is prohibited ante of under section 12, without the previous written consent of easements,
etc. the Controller, or save for the purpose of effecting repairs or complying with any municipal requisition, wilfully dis- turbk•any easement annexed to such premises, or removes,
destroys, or renders unserviceable, anything provided for
permanent use therewith, or discontinues any supply or
service comprised in the tenancy of such premises, shall, on
the complaint. 9f 'the party aggrieved, be liable, on the
first occasion,T,to• a fine which may extend to five hundred
rupees, and on a 'second or subsequent occasion in regard to
the same or any other premises, to a fine which may extend to
one thousand rupees, to be imposed, offal- inquiry, by the
Controller.
#4.
Payment 35. The fine 'imposed or any sum ordered to be paid
and under this ACt shall be paid by the person fined or ordered to
recovery
of fine. pay in the prescribed manner within thirty days from the date of the order of the Controller or within such further period as the Controller may allow for such payment for
22
The West Bengal Premises Rent Control 21 (Temporary Provisions) Act, 1950. XVII of 1950.]
(Chapter VIZI.—Penalties and Miscellaneous.— Sections 36 38.)
special reasons to be recorded by him in writing and in default of such payment the fine shall be recoverable as a Ben. Act public demand under the Bengal Public Demands Recovery III of Act, 1913.
1913.
36. No complaint under section 33 or section 34 shall Limitation be brought against any person after the expiration of six for com- months from the date of the commission of the act in respect plaints. of which the complaint is brought.
XV of 37. No distress warrant shall be issued under Chapter Issue of 1882. VIII of the Presidency Small Cause Courts Act, 1882, and distress Act V of no process under the Code of Civil Procedure, 1908, in warrants 1908. execution of a decree passed ea; parte thereunder, shall be and other issued, either for the attachment of property or for the arrest processes barred in of any tenant, in connection with the recovery of the rent certain of any premises situated in any area to which this Act cases. may apply, unless the person applying for execution, when
making his application, swears or affirms by affidavit or
otherwise that no part of the rent, in respect of which execu- tion is applied for, is irrecoverable under this Act.
38. (1) The Controller shall, on application made to Making of him in this behalf by any tenant in possession of any pre-
repairs and mises, causz, a notice to be served in the prescribed manner taking of on the landlord thereof requiring him to make any repairs measures for the which such landlord is bound to make to the premises or mainten- to take any measures for the due maintenance of any essen-
ance of tial supply or service, such as the maintenance of the supply essential of water or electricity, the maintenance of conservancy or services by the sanitary service and the maintenance of any lift, which such tenant on landlord is bound to maintain in the premises under the the failure conditions of the tenancy or according to local usage. or neglect
(2) of the If after the service of such notice the landlord fails landlord to show proper cause or neglects to make such repairs to do so. 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 repairs or measures, and may apply to him for permission to make such repairs or to take such measures himself and, thereupon, the Controller may, after giving the landlord an opportunity of being heard and after considering such estimate of cost and making such inquiries as he may consider necessary, by an order in writing, permit the tenant to make such repairs or to take such measures, as the case may be, at a cost not exceeding such amount as may be specified in the order and it shall thereafter be lawful for the tenant to make such repairs or to take such measures himself and to deduct the cost thereof, which shall in no case exceed the amount so specified, from the rent or otherwise recover it from the landlord :
Provided that the amount so deducted or recoverable in any year shall not exceed one-twelfth of the rent payable by the tenant for that year:
Provided further, that if the repairs or measures, though necessary in the opinion of the Controller exceed in cost,
23
22 The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950.
[West Ben. Act
(Chapter VIII.—Penalties and Miscellaneous.— Section 39.)
the said amount, and the tenant agrees to bear the excess cost himself, the Controller may permit the tenant to make such repairs or to take such measures.
(3) The repairs or measures mentioned in sub-section (1) shall not be deemed to include such repairs or measures without which the premises are not habitable or usable except with great inconvenience, like keeping them wind and water tight. The landlord shall be bound to make such repairs or take such measures in any event. On his failure to do so the provisions of sub-sections (1) and (2) shall apply without the limitation as to the amount deductable or recoverable as provided in the said sub-sections. Taking of 39. Notwithstanding anything contained in section 38, measures if the necessity for making any repairs or for taking bythe te t in any measures referred to in that section, is so urgent case of that any delay involved in the procedure referred to therein emergency. is likely to subject the tenant to personal loss, damage or serious inconvenience, the tenant may himself cause the notice referred to in section 38 to be served in the prescribed manner on the landlord requiring him to make such repairs or to take such measures within seventy-two hours of the service of such notice and shall in every such case submit, at the same time, a copy of such notice to the Controller together with an estimate of the cost of such repairs or measures to enable the Controller to make such inquiries as he may consider necessary about the necessity of such repairs or measures and the correctness of the estimate so submitted, and if; after the service of such notice, the landlord fails to make such repairs or to take such measures within the time mentioned in the notice, the tenant may himself make such repairs or take such measures, as the case may be, and, after completion of such repairs or measures, submit to the Controller a statement of the costs thereof and thereafter the Controller, after giving the landlord an opportunity of being heard and making such further inquiries as he may consider necessary, may, by an order in writing, determine the amount of the costs 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 so deducted or recoverable in any year shall not exceed one-twelfth of the rent payable by the tenant for that year.
Explanation.—The limitation as to the amount deductable or recoverable as provided in this section shall not apply to such repairs or measures without which the premises are not habitable or usable except with great inconvenience, like keeping them wind and water tight.
24
The West Bengal Premises Rent Control 23 (Temporary Provisions) Act, 1950.
XVII of 1950.]
(Chapter VIII.—Penalties and Miscellaneous.— Sections 40 43.)
40. (1) Whoever knowingly accepts or obtains or attempts Criminal to accept or obtain, whether directly or indirectly, any sum liability or valuable thing or any pecuniary advantage on account and refund of any premium, salami or fine in addition to the rent law-
of the fully payable under this Act, shall also, on conviction in a considera-tion paid Criminal Court, be punished with imprisonment for a term in addition which may extend to two years or with fine or with both and, to the without prejudice to any other method of recovery, the Court standard may order the amount paid or the value of the consideration rent. given to be repaid to the person by whom the payment was made or the consideration given.
Act V of (2) Notwithstanding anything contained in the Code of 1898. Criminal Procedure, 1898, an offence punishable under sub- section (1) shall be cognizable and bailable.
41. (1) No landlord either himself or through any person Cutting off purporting to act on his behalf shall without just or suffi- or with- cient cause cut off or withhold any essential supply or service holding enjoyed by the tenant in respect of the premises let to, him. essential supply or
(2) Any landlord who contravenes the provisions of sub-
service. section (1) shall, on conviction in a Criminal Court, be punished with imprisonment for a term which may extend to six months or with fine or with both. Explanation.—In this section essential supply or service includes supply of water, electricity, lights in passages and on stair-cases, lifts and conservancy or sanitary service.
42. (1) A tenant desiring to get supply of electricity Tenant from a licensee, as defined in clause (h) of section 2 of the may get IX of 1910. Indian Electricity Act, 1910, may apply to the Controller, supply of setting out the scheme for such supply. electricity to the
(2) On receipt of such application the Controller, after premises without giving the landlord and the owner of the premises, if he be the not the landlord, opportunity of being heard, permit the permission tenant to get the supply in accordance with the scheme set of the out in the tenant's application or in accordance with any landlord. modified scheme.
(3) On such permission being given, notwithstanding anything contained in any other law for the time being in force, the owner shall be 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 owner for trespass for steps taken for supply of electricity according to the said permission.
43. Any person affected by any order of the Controller supp ly of made under thil. Act shall be entitled to be furnished certified of with a copy thereof, duly certified by the Controller to be teel order a correct copy, on payment of such fees as may be prescribed, of the and such copy shall be admissible in evidence in any Court Controller. of Law to prove the order of the Controller.
25
24 The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. [West Ben. Act
(Chapter VIII.—Penalties and Miscellaneous.— Sections 44-47.)
Controller 44. A Controller appointed under this Act shall be to be a deemed to be a public servant within the meaning of section public
servant. 21 of the Indian Penal Code.
Act XLV
of 1880.
Repeal. 45. The West Bengal Premises Rent Control (Temporary west Ben. Provisions) Act, 1948, is hereby repealed. Act XXXVIII of 1948.
Bar of 46. No suit, prosecution or other legal proceeding shall proceed-
lie against any officer of Government for anything in. good ings. faith done or intended to be done under this Act. -- Power to 47. (1) The State Government may, subject to the make
condition of previous publication, make rules for carrying u out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :—
(a) the form of permits referred to in section 6;
(b) the manner of obtaining the permission and execut- ing an order referred to in section 15;
(c) the manner of depositing rent under suib-section(I) of section 19;
(d) the manner of sending notice of deposit referred to in sub-section (5) of section 19;
(e) the manner of payment referred to in sub-sections(6) and (7) of section 19;
(f) the procedure for summoning and enforcing the attendance of witnesses and compelling the pro- duction of documents referred to in sub-section
(2) of section 31;
(g) the procedure to be followed in inquiries under this Act, by the Controller, the Chief Judge of the Court of Small Causes of Calcutta and the District Judge;
(h) the procedure for review of orders referred to in sub-section (5) of section 32;
(i) the manner of payment of the fine referred to in section 35;
CO the manner of service of notices issued under this Act;
(k) the charging or remitting of costs and fees and the fixing of a scale of costs and fees;
(1) any other matter required to be prescribed by this Act. •
(3) All rules made under this Act shall, as soon as may be after they have come into force, be laid before the State Legislature.
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The West Bengal Premises Rent Control 25 (Temporary Provisions) Act, 1950. xvii of 1950.]
(Schedule A.)
SCHEDULE A.
[See section 2(10).]
Provisions for determining the standard rent of premises.
(1) In this schedule "basic rent" in relation to any premises means—
(a) where the rent of any premises has been fixed by the Controller under the Bengal House Rent Control Order, 1942, or the Boa. Calcutta House Rent Control Order, 1943, or the Calcutta Rent Ord. Ordinance, 1946, the rent so fixed ;
V of (b)
1946. where the rent of the premises has not been so fixed the rent which was payable for the premises on the 1st day of December, 1941, or if any increased rent was paid for the premises between that date and. the coming into operation of this Act, the , increased rent, which was last paid but so as not to exceed the rent pay- able on the 1st day of December, 1941 by more than ten per centum, in case of premises within Calcutta and twenty per centum in ease of other premises.
(2) Where the premises are used for residential purposes, or mainly for residential purposes, the standard rent shall be—
(a) the basic rent, if a period of three years has not elapsed after the time when rent was fixed as mentioned in paragraph (1) (a), or the increased rent as mentioned in paragraph (1) (b) was first paid ;
(b) when the said period of three years relevant to the case has elapsed or elapses the basic rent increased by five per centum , if the basic rent per mensem is not more than Rs. 100, and the basic rent increased by ten per centum, if the basic rent is more than Rs. 100 :
Provided that where the basic rent is the rent payable on the 1st day of December, 1941, the standard rent shall be the basic rent increased by ten per centum.
Explanation.—In this paragraph and in the next succeeding paragraph of this schedule, the expression "residential purposes" includes purposes of being used as a hospital, an orphanage, a public library, or an educational or charitable institution.
(3) Where the premises are used or mainly used otherwise than for residential purposes, the standard rent shall be—
(a) the basic rent, if a period of three years has not elapsed after the time when rent was fixed as mentioned in paragraph (1) (a), or the increased rent as mentioned in paragraph (1) (b) was first paid ;
(b) when the said period of three years relevant to the case has elapsed or elapses or where such period is not relevant the basic rent increased by ten per centum, if the basic rent per mensem is not
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96 The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950.
[West Ben. Act XVII 01950.1
(Schedule B.) the tenant who sub-lets the premises according as the premises are sub-letin
whole or in part and where because of the proviso to section 3 the tenant has no standard rent under this Act the excess mentioned above shall be with reference to the rent payable by the tenant :
Provided that if the tenant supplies for use of the sub-tenant in the premises any furniture at tenant's own cost, to the standard rent - as deter- mined above payable in one year shall be added ten per centum of the price of the said furniture as on the day of commencement of the sub-tenancy, the instalments of payment of rent being divided as may be just and convenient.
SCHEDULE B.
(See section 16.)
(1) Where the premises are situate on land, wholly within the Ordinary Original Civil Jurisdiction of the Calcutta High Court :—
(i) When the rent payable for one month for the premises exceeds Rs. 500—
The Calcutta High Court,
(ii) In all other cases— The Chief Judge of the Calcutta Court of Small Causes, who shall entertain and try the suit as a Court of the District Judge under the Bengal, Agra and Assam Civil Courts Act, 1887: xiI Provided that he shall be entitled to transfer the suit for trial to any iss 7 . other Judge of the Calcutta Court of Small Causes, who shall try it as a Court of the Subordinate Judge under the Bengal, Agra and Assam Civil Courts Act, 1887.
(2) Where the premises are situate on land, wholly or partly outside the Ordinary Original Civil Jurisdiction of the Calcutta High Court— The Court other than the Calcutta High Court, which would have had jurisdiction to try the suit if This Act were not passed. WBGP-5011-5001A-3M
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