The West Bengal Premises Rent Control ( Temporary Provisions ) Act, 1950

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. 
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. 
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 1923.
f  (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. 
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, 
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; 
(9) "prescribed" means prescribed by rules made under 
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. 
Ben. Act III of 1923. 
Ben. Act XV of 
1932. 
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 	 standard ry.  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 
to be (al claim, receive, or invite offers or ask for they -  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 month' 
s 
nt not 
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. 
West Ben. 
Act 
XXXVIII 
of 1948. 
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, 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. 
6. 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 reason-
able. 
Restriction 
on the sale 
of furni-
ture in any 
premises 
let to a 
tenant. 
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-
mium, 
etc., not 
recoverable 
under the 
Act- 
Fixation 
of rent of 
furnished 
premises. 
Cases in 
which 
standard 
rent shall 
be fixed 
by the 
Controller. 
7. (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 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. 
8. 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. 
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 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 
I 
The West Bengal Premises Rent Control 
(Temporary Provisions) Act, 1950. 
5 
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 
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. 
(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. 
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 
(f)  
4t:i • 
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. 
10. (1) When in fixing the standard rent under sec-
tion 9 the rent which was being paid at the time of the 
application is— 
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 ; 
(ii) increased by the Controller, the standard rent fixed 
shall be payable from the time as hereunder pro-
vided, viz. :— 
(a) if 
(b) if 
(c) if 
(d) if 
increased under clause (a) of sub-section (1) 
of section 9, from the month next after the date 
of the application; 
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; 
increased under clause (c) of the said sub-
section, from the month next after that in 
which the addition, alteration or improvement 
was completed; 
increased under clause (d) of the said sub-
section, from the month next after that 'in 
which the furniture was supplied. 
Date on 
which 
standard 
rent fixed 
by the 
Controller 
takes 
effect. 
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; 
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. 
(c) 
11. 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. 
12. (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 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 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, 
Landlord 
not to 
claim rent 
at a rate 
different 
from that. 
at which 
it is being paid except 
in certain 
cases. 
Protection 
of a tenant 
against 
eviction. 
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; 
The West Bengal Premises Rent Control 
(Temporary Provisions) Act, 1950. 
XVII of 1950.] 
(Chapter Ill.—Suits and proceedings for eviction.—
Section 13.) 
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 
Ad'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 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 
(i) 
Sub-lease 
not to be 
binding in. 
certain 
cases. 
When a 
tenant 
can get 
the 
benefit of 
protection 
against 
eviction. 
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. 
14. (1) If in a suit for recovery of possession of any pre-
mises 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 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 
11 The West Bengal Premises Rent Control 
(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 
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 
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 
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. 
17. (1) Such portion of rent 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 
When a 
tenant is 
entitled 
to restora-
tion of 
possession 
and com-
pensation. 
Special 
provisions 
regarding 
jurisdiction 
of Courts 
for trial 
of suits for 
possession. 
Refixation 
of standard 
root. 
12 	 The West Bengal Premises Rent Control 
(Temporary Provisions) Act, 1950. 
Power of 
Court to 
rescind or 
vary 
decrees 
and 
orders or 
to give 
relief in 
pending 
suits in 
certain 
cases. 
[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. 
18. (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 Rent Control (Temporary Provisions) Act, 
1948, but the possession of such premises has not been 
recovered fro* :  the tenant, the tenant may apply to the trial 
court within silty 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 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 
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. 
14 	 The West Bengal Promises Rent Control 
(Temporary Provisions) Act, 1950. 
Time-limit 
for making 
deposit and 
conse-
quence of 
incorrect 
particukrs 
in applica-
tion for 
deposit. 
[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. 
20. (1) No rent deposited under section'19 shall be con-
sidered 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. 
The West Bengal Premises Rent Control 
(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 
section 19 from the Controller, in the manner provided there-
in, shall not operate as an admission against the receiver of 
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 

Excerpt shown. Open the full act in Lexace.

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