[West Bengal Act 17 of
1950] [30th March, 1950] [Passed by the West Bengal Legislature.] 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) This Act may be called
the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. (2) [2]It shall come into force on
such date as the State Government may, by notification, appoint. (3) [3][It extends to the whole of
Calcutta and to all areas which have been or may hereafter be constituted
municipalities under the provisions of the Bengal Municipal Act, 1932 (Ben.
Act, XV of 1932.): Provided that the State
Government may, by notification, extend this Act or any 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 recoverable by him
thereunder. In this Act, unless there
is anything repugnant in the subject or context,- (1) “Calcutta” has the same
meaning as in clause (11) of Section 3 of the Calcutta Municipal Act, 1923
(Ben. Act, III of 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; (3) “hotel or lodging house”
means an establishment where lodging with or without board of 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; (5) “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 building or
part of a building or hut or part of a hut, (9) 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, 1923 (Ben. Act III of 1923.), or in any other market maintained
by or 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 1932.); (10) “prescribed” means prescribed
by rules made under this Act; (11) “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; (12) “tenant” means any person
by whom rent is, or but for a special contract would be, payable I or any
premises, and includes any person who is liable to be sued by the landlord for
rent. Chapter II PROVISIONS
REGARDING RENT AND SALAMI (1) Subject to the provisions
of this Act, any amount in excess of the standard rent of any premises shall be
irrecoverable notwithstanding any agreement to the contrary. (2) For the purposes of
sub-section (1), the rent shall be 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. No person shall, in
consideration of the grant, renewal or continuance of a tenancy of any
premises,- (a) claim, receive, or invite
offers or ask for the payment of, any premium, salami, fine or any other like imposition in addition to the
rent, or (b) except with the previous
written consent of the Controller, claim or receive the payment of any sum
exceeding one month's rent of such premises as rent in advance. 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 of long within the said period at the option of the landlord: Provided that the
provisions of this section shall not in any way affect any right acquired or
accrued under Section 5 of the West Bengal Premises Rent Control (Temporary
Provisions) Act, 1948 (West Ben. Act XXXVIII of 1948.), or require the landlord
to refund any premium, or salami or
other like sum in addition to the rent, received by him in accordance with the
provisions of that section. No person shall make the
purchase or hiring of any furniture in any premises a condition of the grant,
renewal or continuance of a tenancy of such premises and no person shall sell
or hire the furniture in any premises of which he is the landlord to the tenant
of such premises, except under a permit in the prescribed form from the
Controller and such permit shall not be given unless the price or hire is
reasonable. (1) Where any sum has been paid
or deposited on or after the date of the commencement of this Act in respect of
the occupation of any premises,- (a) on account of rent, being a
sum which is by reason of the provisions of this Act irrecoverable, or (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
jurisdiction 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. Where any premises are let
at a rent which includes payment in respect of the use of furniture, the
Controller 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. (1) In any of the following
cases, the Controller shall on application by any landlord or tenant, fix the
standard rent as set forth hereunder:- (a) Where the provisions of
Schedule A apply and there is no cause for the alteration of the rate of
standard rent as determined according to the schedule for any of the reasons
mentioned in the following clauses, in accordance with the provisions of
Schedule A. (b) Where during the currency
of a standard rent payable for any premises there has been an increase in the
municipal taxes, rates or cesses in respect of the premises, by adding to it
the amount of such increase as is payable by the landlord by 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 payable 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 improvement, 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 addition, 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 standard 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 divided amongst instalments for payment of
rent of the year as would be just and convenient. (e) Excepting the case covered
by clause (f) following where the provisions of Schedule A for determining the
standard Tent 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 Tent at a rate in accordance with Schedule A, taking the
rent which would have been reasonably 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 substantially constructed after the 31st day of December,
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 commencement of such
construction taking into account the prevaling rate of rent in the locality for
similar accommodation with similar advantages and amenities and the comparative
advantages or disadvantages of accommodation in the premises: Provided that where the
premises whose standard rent is 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 reasonable. (2) If in fixing the standard
Tent 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 approximately 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 let 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. (1) When in fixing the standard
rent under Section 9 the rent which was being paid at the time of the
application is- (a) decreased by the
Controller, the standard rent fixed shall be payable from the month next after
the 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; (b) increased by the
Controller, the standard rent fixed shall be payable from the time as hereunder
provided, 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 (h) of the said sub-section, 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. (3) 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. (4) 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. Nothing in the provisions
of this Act, including Schedule A, shall entitle the landlord to claim rent
from the tenant at a, rate different from that at which it is being paid at the
time, except by agreement with the tenant, valid in law including this Act, or
unless a different rate is fixed under Section 9, Chapter III SUITS AND PROCEEDINGS FOR EVICTION (1) Notwithstanding anything to
the contrary in any other Act or law, no order or decree for the recovery of
possession of any premises shall be made by any court in favour of the landlord
against a tenant, 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 otherwise
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 months: 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, 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, 1882 (IV of 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 negligence
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 occupiers of adjoining or
neighbouring premises, including the landlord; (h) where the premises are
reasonably required by the landlord either for purposes of building or
rebuilding, 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 reasonableness of requirement for purposes of building or re-building shall
have regard to the comparative public benefit or disadvantage by extending or
diminishing accommodation, and in determining the reasonableness of requirement
for occupation 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
substantially 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 Tent fixed shall be deemed to be the standard rent fixed under
Section 9; (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 contract, 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 Chapter VII
of the Presidency Small Cause Courts Act, 1882 (XV of 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. (1) Notwithstanding anything
contained in this Act; or in any other law for the time being in force, if a
tenant inferior to the tenant of the first, degree sub-lets in whole or in part
the premises let to him except with the 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 binding 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 of 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 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 application 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. (1) If in a suit for recovery
of possession of any premises from the tenant the landlord would not get a
decree for possession but for clause (i)
of the proviso to sub-section (1) of Section 12, the Court shall determine the
amount of rent legally payable by the tenant and which is in arrears taking
into consideration any order made under sub-section (4) and effect thereof up
to the date of the order mentioned hereafter, 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 became 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) It 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 the 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 giving 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 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 exercised by courts of appeal with necessary adaptation. (1) Where the landlord recovers
possession of any premises from the tenant by virtue of a decree secured
because of clause (h) of the
proviso to sub-section (1) of Section 12, and the building or re-building of
the premises is not commenced within six months, or the premises are not
occupied by the landlord or by the person for whose benefit the premises are
held within two months of the date of 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 premises, and giving the landlord an opportunity of being heard, by order
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 (1) 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 accommodation, 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. Notwithstanding anything
contained in any other law a suit by a landlord against a tenant in which
recovery of possession of any premises to which this Act applies is claimed
shall lie to the courts, as set out in Schedule B, and no other court shall be
competent to entertain or try such suit. (1) Such portion of Tent as
exceeds the standard rent determined according to the provisions of this Act
shall be irrecoverable from the month of the tenancy next after the month in
which this Act comes into force, whether the said rent was fixed by agreement,
or by proceeding under the West Bengal Premises Bent Control (Temporary
Provisions) Act, 1948 (West Ben. Act XXXVIII of 1948.). (2) Where standard rent has
been fixed under the provisions 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 application 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 proceeding for fixing standard rent is pending before the
Controller 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. (1) Where any decree for
recovery of possession of any premises has been made on the ground of default
in payment of arrears of rent under the provisions of the West Bengal Premises
Bent Control (Temporary Provisions) Act, 1948, but the possession of such
premises has not been recovered from the tenant, the tenant may apply to the
trial court within sixty days of the coming into force of this Act for vacating
the decree for ejectment against him and within such period no order for
delivery of possession shall be made by any court, nor if an application is
made by the tenant 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 bearing
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 including the month in which the order stated
hereafter is to be made, 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 centum per
annum together with such costs, if any, as may be adjudged to the
landlord, 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 Bent Control (Temporary
Provisions) Act, 1948, the court shall exercise the powers of granting relief
against ejectment given by Section 14 of this Act following 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
OF RENT (1) Where the landlord does not
accept any rent tendered by the tenant, or the tenant experiences difficulty in
paying the rent to the landlord of the premises, he may 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 him 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 or persons entitled to receive the rent,
the tenant shall state in his application, if possible, the name and address of
the person or persons who, to his best information 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 prescribed fee, the application and its copy or copies,
shall, within fifteen days of such receipt, send to the landlord or to the
person or each 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,
authenticated 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. (6) If the landlord named in
the application asks by a petition for payment to him of the rent deposited,
the Controller, 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 at 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 and that there was no difficulty in paying the rent direct to the
landlord as alleged in his application for depositing, the 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. (1) No rent deposited under
Section 19 shall be considered to have been validly deposited under that
section for purposes of clause (i)
of the proviso to sub-section (1) of Section 12, unless deposited within
fifteen days of the time fixed by contract for payment of the rent, or in the
absence of such contract unless deposited within the first day of the second
month next following that for which the rent was payable. (2) Nor shall such deposit he
considered to have been validly made for purposes of the said clause if any
statements 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 possession 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
constitute 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. The receipt of payment of
rent deposited under Section 19 from the Controller, in the manner provided
therein, shall not operate as an admission against this receiver of the
correctness of the rate of rent, the amount due, or of any other 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 LONGING HOUSES The Controller shall, on
application made by any person interested,- (a) fix a fair rate to be
charged for board, lodging or other service provided in a hotel or lodging
house and in fixing such fair rate specify separately the rate for lodging,
board or other service; (b) fix the number of lodgers
to be accommodated in each room or specified unit of accommodation in a hotel
or lodging house. The Controller may from
time to time revise the fair rate or the number of lodgers fixed under Section
22. The manager of a hotel or
the owner of a lodging house shall, where the fair rate or the number of
lodgers has been fixed under Section 22 for a hotel or lodging house, display
in a conspicuous part of the hotel or lodging house a notice of the fair rate
and the number of lodgers so fixed. An agreement for the
payment of any charge in excess of the fair rate referred to in Section 22
shall be null and void in respect of such excess and shall be construed as if
it were an agreement for the payment only of such fair rate. No manager of a hotel or
owner of a lodging house shall have any right to evict or refuse board or other
service to a lodger as long as he pays or tenders payment of the fair rate
fixed under Section 22 and observes and performs the other conditions of the
agreement in so far as they are not inconsistent with the provisions of this
Chapter: Provided that a lodger
shall not be entitled to the benefit of this section- (a) if the lodger has been
guilty of conduct which is a nuisance or an annoyance to the other lodgers of
the hotel or lodging house; or (b) if the lodger has
continuously been absent from such hotel or lodging house for a period exceeding
two months; or (c) if the lodger having
contracted 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. (1) Every manager of a hotel or
owner of a lodging house who accommodates lodgers or permits lodgers to be
accommodated in a room or specified unit of accommodation in a hotel or lodging
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
accommodation, shall on conviction in a Criminal Court be punished with fine
which may extend to one thousand rupees. (2) Every manager of a hotel or
owner of a lodging house who fails to display a notice as required under
Section 24 of the fair rate or the number of lodgers fixed under Section 22
shall on conviction in a Criminal Court be punished with fine which may extend
to five hundred rupees. Chapter VI APPOINTMENT
OF THE CONTROLLER AND OTHER OFFICERS, THEIR POWERS AND FUNCTIONS (1) The State Government may,
by notification, appoint a person to be the Controller for any area or part of
area to which this Act extends to exercise the powers and discharge the duties
conferred and imposed upon the Controller by or under this Act in such area or
part. (2) The State Government may
also, by notification, appoint any person to be an Additional Controller or a
Deputy Controller for any area to which this Act extends. (3) An Additional Controller or
a Deputy Controller shall exercise such of; the functions of the Controller as
may, subject to the control of the State Government, be assigned to him by the
Controller and in the discharge of these functions an Additional Controller of
a Deputy Controller shall exercise the same powers and discharge the same
duties as the Controller. (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 (1) dispose of such case
himself, or (2) transfer such case for
disposal to any other Additional Controller or Deputy Controller. (5) A Controller, an Additional
Controller or a Deputy Controller appointed under this section shall be either,- (a) a member- (1) in Calcutta, of the
Judicial Branch of the Stats Civil Service of not less than ten years' standing
in such service, and (2) elsewhere, of the Executive
of Judicial Branch of the State Civil Service, or State Junior Civil Service,
or (b) (i) an advocate or
attorney of the Sigh Court in Calcutta of not less than ten years' standing,
and (ii) an advocate, or pleaded of not less than ten years' standing
elsewhere. (1) The hearing of every
application made to the Controller under this Act shall be completed within a
period of three months, other than an application for obtaining permission
under sub-section (2) of Section 38, which snail be completed within a period
of one month, unless, in either case, for reasons to be recorded by the
Controller in writing, it is not possible for him to complete the hearing
within that period. (2) The hearing of every
application shall, when it has begun, be continued from day to day unless, for
reasons to be recorded by the Controller in writing, it is not possible so to
do. (3) In all proceedings before
him the Controller shall consider the question of costs and may award to and
against any party such costs as would be reasonable. Subject to other provisions
of this Act before exercising any of the powers conferred on him by this Act,
the Controller shall give notice by registered post of his intention to do 33
to the landlord and to the tenant, if any, and shall cause a copy of such
notice to be affixed in a conspicuous place at the office of the Controller,
and shall duly consider any application received by him within the period
specified in the notice from any person having any interest 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. (1) For the purposes of any
inquiry for discharge of his duties under this Act the Controller may,- (a) enter and inspect, or
authorise any officer subordinate to him to enter and inspect, any premises,
hotel or lodging house at any time between sunrise and sunset; or (b) by written order require
any person to produce for his inspection such accounts, rent receipts, hooks 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 (1) From every final order of
the Controller an appeal shall lie- (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. (4) From any order made in such
appeal no further appeal shall lie, hut the High Court may revise the order on
the ground of error of law, or on the ground of material failure of justice. (5) The Controller, the
appellate officer hearing appeals from orders of the Controller, and the High
Court exercising power of revision under sub-section (4), may exercise powers
given to courts by Sections 151 and 152 of the Code of Civil Procedure, 1908
(Act V of 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
limitation as laid down in the Indian Limitation Act, 1908 (IX of 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 (1) Where knowingly- (a) receives, whether directly
or indirectly, any sum on account of the rent of any premises in excess of the standard
rent, or (b) receives, whether directly
or indirectly, or invites offers or asks for, any premium, salami, fine or any other like
imposition in addition to the standard rent, or (c) receives, whether directly
or indirectly, any sura as rent an advance in excess of one month's rent
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,- (1) in the case referred to in
clause (a), on the first
occasion, to a fine which may extend to five times 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; (2) in the case referred to in
clause (6), 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 extend to five thousand rupees; and (3) in the case referred to in
clause (c), on the first
occasion, 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 he 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 as part of rent, and the total
Tent thus received is in excess of the standard rent. Whoever, in any case in
which an order or decree for the recovery of possession of any premises is
prohibited under Section 12, without the previous written consent of the
Controller, or save for the purpose of effecting repairs or complying with any
municipal requisition, wilfully disturbs 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 of the party aggrieved, be liable, on
the first occasion, 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, after inquiry, by
the Controller. The fine imposed or any;
sum ordered to be paid under this Act shall be paid by the person fined or
ordered to 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 special reasons to be recorded by him in writing and
in default of such payment the fine shall be recoverable as a public demand
under the Bengal Public Demands Recovery Act, 1913 (Ben. Act III of 1913.). No complaint under Section
33 or Section 34 shall be brought against any person after the expiration of
six months from the date of the commission of the act in respect of which the
complaint is brought. No distress warrant shall
be issued under Chapter VIII of the Presidency Small Cause Courts Act, 1882 (XV
of 1882.), and no process under the Code of Civil Procedure, 1908 (Act V of
1908.), in execution of a decree passed ex parte thereunder, shall be issued, either for the
attachment of property or for the arrest of any tenant, in connection with the
recovery of the rent of any premises situated in any area to which this Act 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 execution is applied for, is irrecoverable under this Act. (1) The Controller shall, on
application made to him in this behalf by any tenant in possession of any
premises, cause a notice to be served in the prescribed manner on the landlord
thereof requiring him to make any repairs which such landlord is bound to make
to the premises or to take any measures for the due maintenance of any
essential supply or service, such as the maintenance of the supply of water or
electricity, the maintenance of conservancy or sanitary service and the
maintenance of any lift, which such landlord is bound to maintain in the
premises under the conditions of the tenancy or according to local usage. (2) If after the service of
such notice the landlord fails to show proper cause or neglects to make such
repairs 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 r 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, 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 deduct able or recoverable as provided in the
said sub-sections. Notwithstanding anything
contained in Section 38, if the necessity for making any repairs or for taking
any measures referred to in that section, is so urgent that any delay involved
in the procedure referred to therein is likely to subject the tenant to
personal loss, damage or serious inconvenience, 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 of 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 of 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. (1) Whoever knowingly accepts
or obtains or attempts to accept of obtain, whether directly or indirectly, any
sum or valuable thing or any pecuniary advantage on account of any
premium, salami or
fine in addition to the rent lawfully payable under this Act, shall also, on
conviction in a Criminal Court, be punished with imprisonment for a term which
may extend to two years or with fine or with both and, without prejudice to any
other method of recovery, the Court may order the amount paid or the value of
the consideration given to be repaid to the person by whom the payment was made
or the consideration given. (2) Notwithstanding anything
contained in the Code of Criminal Procedure, 1898 (Act V of 1989.), an offence
punishable under sub-section (1) shall be cognizable and bailable. (1) No landlord either himself
or through any person purporting to act on his behalf shall without just or
sufficient cause cut off or withhold any essential supply or service enjoyed by
the tenant in respect of the premises let to him. (2) Any landlord who
contravenes the provisions of sub-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. (1) A tenant desiring to get
supply of electricity from a licensee, as defined in clause (h) of section-2 of the Indian
Electricity Act, 1910 (IX of 1910.), may apply to the Controller, setting out
the scheme for such supply. (2) On receipt of such
application the Controller, after giving the landlord and the owner of the
premises, if he be not the landlord, opportunity of being heard, permit the
tenant to get the supply in accordance with the scheme set out in the tenant's
application or in accordance with any modified scheme. (3) On such permission being
given, notwithstanding anything contained in any other law for the time being
in force, the owner shall be 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. Any person affected by any
order of the Controller made under this Act shall be entitled to be furnished
with a copy thereof, duly certified by the Controller to be a correct copy, on
payment of such fees as may be prescribed, and such copy shall be admissible in
evidence in any Court of Law to prove the order of the Controller. A Controller appointed
under this Act shall be deemed to be a public servant within the meaning of
Section 21 of the Indian Penal Code (Act XLV of 1860.). The West Bengal Premises
Rent Control (Temporary Provisions) Act, 1948 (West Ben. Act XXXVIII of 1948.),
is hereby repealed. No suit, prosecution or
other legal proceeding shall lie against any officer of Government for anything
in good faith done or intended to be done under this Act. (1) The State Government may,
subject to the condition of previous publication, make rules for carrying 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 executing an order referred to in Section 15; (c) the manner of depositing
rent under sub-section (1) 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 production 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; (j) 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 coats and fees; (l) 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. SCHEDULE
A [See Section 2(20)] 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 Kent Control
Order, 1942, or the Calcutta House Rent Control Order, 1943, or the Calcutta
Rent Ordinance, 1946 (Ben. Ord. V of 1946.), the rent so fixed; (b) 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 payable on
the 1st day of December, 1941 by more than ten per centum in case of premises within Calcutta and
twenty per centum in
case 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 (2)(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 more than Rs. 100, and the basic rent
increased by fifteen per centum,
if the basic rent per mensem is
more than Rs. 100. (2) Where any premises have
been sub-let the standard rent of the subtenants shall not exceed by six and a
quarter per centum the standard rent or a proportionate part thereof which may
be taken as reasonably payable by the tenant who sub-lets the premises
according as the premises are sub-let in 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 determined 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:- (a) When the rent payable for
one month for the premises exceeds Rs. 500- The Calcutta High Court, (b) 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 of 1887.): Provided that he shall be
entitled to transfer the suit for trial to any 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. [1] Assent of the
President was first published in the Calcutta, Gazette, of the 30th March,
1950. [2] 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
31st March, 1950, Partly page 395). [3] As to the areas to
which this Ace 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.[West
Bengal Premises Rent Control (Temporary Provisions) Act, 1950][1]