The west bengal premises requisition and control (temporary provisions) act, 1947

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Government of West Bengal
Judicial and Legislative (Legislative) Department
West Bengal Act V of 1947
The West Bengal Premises Requisition
and Control (Temporary Provisions)
Act, 1947
Superintendent, Government Printing
West Bengal Government Press, Alipore, West Bengal
1948
Price—Indian, annas 8; English, 10d.
West Bengal Act V of 1947 "
THE WEST BENGAL PREMISES REQUISITION AND CONTROL (TEMPORARY
PROVISIONS) ACT, 1947.
CHAPTER I.
PRELIMINARY.
Section. • .!
1. Short title, commencement, extent and duration. 2. Definitions.
CHAPTER II.
REQUISITION OF PREMISES FOR ANY PUBLIC PURPOSE.
3. Power to requisition.
4. Power to order vacation of premises or for execution of repairs. 5. Easement, etc., not to be disturbed.
6. Disposal of premises after requisition.
7. Power to evict from requisitioned premises for breach of terms of tenancy. 8. Appeal.
9. Non-compliance with orders.
10. Release from requisition.
CHAPTER III.
PROVISIONS REGARDING COMPENSATION.
11. Procedure for fixing compensation.
12. Matters to be considered in fixing compensation by agreement. 13. Persons with whom agreement is to be executed. 14. Deposit of compensation in case of dispute.
CHAPTER IV.
CONTROL OF VACANT PREMISES.
1.. Application of the chapter.
16. Restrictions on lease.
17. Notice by landlord.
18. Procedure of letting out premises by the Collector. 19. Vacant premises may be requisitioned. IC
CHAPTER V.
MISCELLANEOUS.
20. Penalty.
21. Saving as to orders.
22. Protection of actio n taken under this Act. 23. Repeal and saving.
24. Power to make rules.
•
We -i'Befigl Act V of 1947 -
THE WEST BENGAL PREMISES REQUISITION AND CONTROL (TEMPORARY PROVISIONS) ACT, 1947.
[Passed by the West Bengal Legislature.]
[Assent of the Governor General was first published in the
Calcutta Gazette, Extraordinary, of the 1st January, 1948.]
An Act to provide for the requisition and control of premises
in West Bengal.
WHEREAS it is expedient to provide for requisition and control of premises in West Bengal;
It is hereby enacted as follows :—
CHAPTER I.
_ PRELIMINARY.
1. (1) This Act may be called the West Bengal Premises Short Requisition and Control (Temporary Provisions) Act, 1947. et% ence. (2
men
) It shall come into force on such date as the Provincial t, Government may, by notification in the Official Gazette, extent and direct.
(3) It extends to the whole of West Bengal.
duration.
(4) It shall remain in force only up to the 31st day of
March, 1950, but the Provincial Government may, by notifi- cation in the Official Gazette, direct that it shall remain in force for a further period or periods not exceeding in the aggregate three years.
2.
In this Act, unless there is anything repugnant in the Definition s, (a) "Calcutta" has the same meaning as in clause (11) engal
of section 3 of the Calcutta Municipal Act, 1923; i et III
1 of 1923. (b) "Collector" means in Calcutta, the First Land v Acquisition Collector and elsewhere, the Collector 14
of a district, or any other officer appointed
Provincial Government to discharge the f by functions ns. of a Collector under this Act; (c) "landlord" means any person who for the time being
is receiving, or is entitled to receive, the rent of
any premises whether on his own account, or on,
account or on behalf or for the benefit, of any
other person, or as a trustee, guardian or receiver
for any other person or who would so receive the
rent or be entitled to receive the rent if the
premises were let to a tenant and includes a legal representativ e, as defined in the Code of -Civil Act V of
1908. Procedure, 1908, a tenant ....lvlio -sublets any premises, and every person from time to time deriving title under a landlord; (d) "persons interested" means any person claiming an
interest in compensation payable on account of
requisition of any premises under this Act;
2 The -West. Bengal Premises Requisition and Control
(Temporary Provisions) Act, 1947.
[West Ben. Act
(Chapter I—Preliminary Chapter II—Requisition of premises for any public purpose—Section, 3.)
(e) "premises" means any building or part of a building
or any hut or part Of a hut which is, or is intended
to be, let separately_ for residential or non-
residential purposes aid includes,—
(i) the garden, grounds and out=houses (if any)
appertaininc, to such buildire , or part of a building or butor part of a hut; and
(ii) any furniture supplied by the landlord for use
in such building or part of a building;
and also includes a room or rooms in an hotel,
boarding house or lodging house, but does not
include a stall let at variable rents at different
Seasons of the year for the retail sale of goods in a'Imarket as defined in clause (39) of section 3 of the Calcutta Municipal Act, 1'923;
(f) "prescribed" means prescribed by rules "made under • this Act;
(g) "tenant" means any person by whom, or on whose
account, rent is or but for a special contract would be, payable for any premises And includes a legal representative as defined in the Code of Civil Act V of Procedure, 1908,' 'and a person continuing in 1908. possession after the termination of a tenancy in his favour.
CHAPTER II.
REQUISITION OF PREMISES FOR ANY PUBLIC PURPOSE.
Power to 3. (1) Whenever it ajpears to the Provincial Govern-requisition. went that any premises\in any locality are needed or are
likely to be needed fcr any public purpose, it may, by order in writing, requisition such premises
Provided that no premises exclusively used for the
purpose of religious worship shall be requisitioned under this section.
(2) An 'order under sub-section (1) shall be served on the
landlord, and where it relates to premises in occupation of
a tenant also on such tenant in such manner as may be prescribed.
(3) The Provincial Government may, with a view to
requisitioning any premises under sub-section (1), by order,—
(a) require any person to furnish to such authority as
may be specified in the order, such information
in his possession relating to the premises as may be so specified;
direct that the landlord, tenant or any other person
in occupation of the premises shall not without
the permission of the Provincial Government
dispose of or structurally alter tk premises. -
(b)
Ben. Act
III of 1923.
Tire West Bengal Premises Requisition. and Control
(Temporary Provisions) Act, 1947.
V of 1947.]
try7 -
Wage 3—
Benimber section 4, as sub-section (1) of that section and,—
(1) in sub-section (1) of the said section, as so renumbered,—
(a), substitute the following clauses, namely :—
(a) for clause
"(a) order the person in occupation of the premises, if
-
any, to vacate the premises 'within a period of
ten days from the service of the notice ;
(aa) order the landlord or the tenant, as the case may
be, - to remove the articles agingbeni to him, if
any, and, where the premiseslo
eqiione
without any furniture therein, such furnit rvurce
e,
within a period of fifteen days from the se i
of the notice :
Provided that 'the Collector may, for reasons to be
recorded in writing, extend the said period up - to
two months ;" ; and -
(b) in clause (c), omit the words "to the landlord"; and
(2) after sub-section (1) of the said section, as so renumbered, •
add the following sub-sections, namely :—
"(2). Where any person fails to comply with an orderunder
clause (aa) of sub-section (1) directing Collector may
cause sick furniture or other articles to tio be removnch e7d •
and to be stored or sold by public fit at the cost aucn in s-
manner as the Collector may think
and risk of such person :
Provided that no furniture or other articles shall be sold
by public auction in pursuance of the provisions revious sanction of this sub-section without the p of the Provin.cial Government or such other authority
as may be empowered in this behalf by the Provincial ,
Government.
(3) Where any furniture or other articles are removed
and are stored or sold by public auction in pursuance
of the provisions of sub-section (2), the cost of such
removal and of such storage or sale, as the case
may be, may, without prejudice to any other mode
of recovery, be deducted from the compensation
payable or from the sale proceeds, if .any, and
the balance of the sale proceeds, if any, after
such deduction, shall be paid to the owner of such
furniture or other arti4ss,, as the case may be
Provided that if any dispute arises as to the person or
persons to -whom the amount of such balance or
any part thereof is payable, the Collector shall keep
the amount in revenue deposit till there has been
a settlement of the dispute.".
(Re-numbered, substituted, omitted and added by 'West Ben.
Act IV of 1949, section 4.)
[No. 44, dated the 2nd August, 1949.]
3
at V of
)08.
0
a!
'Page 3—
ReWumber section 4, as sub-section (1) of that section and,—
" (1) in sub-section (1) of the said section, as so renumbered,—
(3)
6. When any -premises
or deal with
expedient.
(a) for clause (a), substitute the following clauses, namely :—
t order the person in occupation of the premises, if
any, to vacate the premises -within a period of
ten days from the service of the notice ;
(aa) order the landlord or the tenant, as the case may
be, - to remove the articles belonging to him, if
any, and, where the premises are requisitioned
. without any furniture therein, such furniture,
.• within a period of fifteen days from the service
of the notice :
Provided that the Collector may, for reasons to be-
recorded in writing, extend the said period up to
two months ;" ; and - •
(b) in clause (c), omit the words "to the landlord"; and
(2) after sub-section (1) of the said section, as so renumbered,'
add the following sub-sections, namely :—
"(2) Where any person fails to comply with an order under
clause (aa) of sub-section (1) directing any furniture
or other articles to be removed, the Collector may
cause such furniture or other articles to be removed
and to be stored or sold by public auction in such
manner as the Collector may think fit at the cost
and risk of such person :
Provided that no furniture or other articles shall be sold
by public auction in pursuance of the provisions
of this sub-section without the previous sanction
of the Provincial Government or such other authority
as may be empowered in this behalf by the Provincial
Government.
Where any furniture or other articles are removed
and are stored or sold by public auction in mirsuance
of the provisions of sub-section (2), the cost of such
removal and of such storage or sale, as the case
may be, may, without prejudice to any other mode
of recovery, be deducted from the compensation
payable or from the sale proceeds, if any, and
the balance of the sale proceeds, if any, after
such deduction, shall be paid to the owner of such
furniture or other arti4es, , as the case may be :
Provided that if any dispute arises as to the person or
persons to whom the amount of such balance or
any part thereof is payable, the Collector shall keep
the amount in revenue deposit till there has been
a settlement of the dispute. '
(Re-numbered, substituted, omitted and added by 'West Ben.
Act IV of 1949, section 4.)
[No. 44, dated 2nd August, 1949.] ,, 1.,at
-"Pply or
the .Proi,-incial—C+overnment has re .under sub-section

quisitioned Disposal (i) of section 3, it i:may use .of it in such manner as may appear to it to be premise s after
The West Bengal Premises Requisition- and Control
(Temporary Provisions) Act, 1947.
V of 1947.]
(Chapter 11—Requisition of premises for any public purpose
—Sections 4-6.)
. • (4) ':An order passed under sub-section (1) shall be final
and Wlitnever such order has been passed, the Provincial
Government shall direct .the Collector to take such further
ac.tion as is necessary in connection with the requisitioning
of the premises in accordance with the provisions of this
Act.
(5) Without prejudice to any other powers conferred by
this Act, the Collector may authorise any person to enter and
inspect any premises between sunrise and sunset for the
ptrpose .of determining whether, and if so in what manner,
an order under this section should be made in relation to
any premises or with a view to securing compliance with any
order made under this Act.
(6) In connection with any inquiry under this Act the
Collector may by written order require any person to produce
for his inspection any documents relevant to the inquiry at
such 'time and place, as may be specified in the order, and
enforce the attendance of witnesses or compel the production
of documents by the same means, and so far as may be, in
the same manner as is provided in the case of a court by the
Code of Civil Procedure, 1908.
4. Where any premises are requisitioned under this Act, p ow„ t o
the Collector may by notice in writing— order
vacation
(a) order the . existing tenant or occupier, if any, to of
vacate the -premises within ten days of the receipt premises
of the,, notice ; or for
• execution
(b) order the landlord to execute such repairs as may be of repairs.
specified in the notice within, such:time as may be
specified therein;
(c) if a landlord fails to execute any repairs in pursuance
of an order under clause (b) the Collector may
cause the repairs specified in the order to be
executed at the expense of the landlord and the
cost thereof may, without prejudice to any other
mode of recovery, be deducted from the compensa-
tion payable to the_iandlord.
r•
5. No landlord or any contractor, workman or servant
employed by him shall without the previous written consent
of the 'Collector or except for the purposes of effecting repairs
or complying with a municipal requisition, wilfully disturb
any convenience or easement attached to any premises
requisitioned under this Act, or remove, destroy or render
unserviceable anything provided for permanent use therewith
or discontinue or cause to be discontinued any supply or
service provided for the premises.
6. When the Pre-vilacial -Government has requisitioned Disposal
any—pr-enalses under sub-section (1) of section 3, it .may use -of
or deal with it in such manner as may appear to it to be premises aft expedient. requisition
Easement,
etc., not
to be
disturbed.
4 The West Bengal Premises Requisition and Control
(Temporary Prdvisions) Act, 1947.
-West Ben. Act
(Chapter 11—Requisition of premises for any public purpose
—Chapter 111—Provisions regarding ,compensation—
Sections 7-11.)
Power to 7. (1) Wher any person in occupation of any requisi-
evict tioned premises sub ets without due authority the whole or
from any part of the pre ises' or otherwise acts .in contravention
tioned i- of any of the terms, press or implied, of his tenancy or requi
premises other like relationship created by the Provincial Government
for in respect of the premises,\the Collector may, by notice served
breach in the prescribed manner, *der such person or any other of terms of tenancy. person found in occupation 'of the premises to vacate the
premises within fourteen days Of the receipt of the notice.
Nsj— (2) Action may be taken under this section even if any
proceedings for possession are pending in respect of the
premises and upon such action being taken, the said proceed-
ings shall forthwith be vacated.
Appeal. 8. Any person aggrieved by an order under section 7
may, within seven days of the receipt thereof, appeal in
writing to the Commissioner of the Division who may, after
calling for a report from the Collector and after making such
further inquiry, if any, as he thinks fit, pass an order
determining the appeal.
9. If any person fails to comply with an order made
under clause (a) of section 4 or under section 7, the Collector
or any person authorised by him in writing in this behalf,
shall execute the order in such manner as he considers
expedient.
Release 10. (1) Where any premises requisitioned under this
from Act are no longer required for any public purpose, the
requisition. Collector shall, after making such inquiry as he may consider
necessary, by order in writing specify the person to whom
possession of the premises shall be given.
(2) The delivery of possession of the premises to the
person specified in an order under .sub-section (1) shall be a
full discharge of and liability of the Provincial Government
to deliver possession to such person as may have a rightful
claim to possesSion thereof, but shall not prejudice any rights
in respect of the premises which any other person may be
entitled by due process of law to enforce against the person
to whom possession is given:
CHAPTER III..
PROVISIONS REGARDING COMPENSATION.
II. (1) Where any premises are requisitioned under
this Act, there shall be paid to all persons interested cora :.
pensation the amount of which shall be deteimined in the
manner,, and in accordance with the principles hereinafter
set out, namely : —
(a) where the amount of compensation can be fixed by
agreement, it shall be paid in accordance with
such agreement;
• (b) where no such agreement can be reached, the Pro-
vincial Government shall appoint a District Judge
or an Additional District Judge as arbitrator;
Non-com-pliance with orders.
Procedure for fixing compensa-tion.
The West Bengal Premises Requisition and Control 5
(Temporary Provisions) Act, 1947.
V of 1947.]
(Chapter III—Provisions regarding compensation—Sections
12, 13.)
(c) the Provincial Government ,may, in any particular
case, nominate a person . aving expert knowledge
as to the nature of the premises requisitioned, to
assist the arbitrator, and where such nomination
is made, the person to be compensated may also
nominate an assessor for the said purpose;
(d) at the commencement of the proceedings before the
arbiator, the Provincial Government and the
perso to be compensated shall state what in their
respe _ive opinions is a fair amount of compensa-
tion;
(e) the arbitrator in making his award shall have regard
to the provisions of sub-section (1) of section 23 of
the Land Acquisition Act, 1894, so far as they
can be made applicable ; -
(1) an appeal shall lie to the High Court against an
award of an arbitrator ;
(g) save as provided in this section and in any rules made
under this Act, nothing in any law for the time
being in force shall apply to arbitrations under
this section.
(2) Compensation shall also be paid 'n respect of any
damage done to the premises during the period of requisi-
tion other than what may have been sustained by normal
wear and tear or by natural causes. When the amount of
such compensation can be fixed by agreement, it shall be
paid in accordance with such agreement; where no such
agreement can be reached, the matter shall be referred to
the arbitrator.
12. !ICJ-) In determining the amount of compensation matters to
which iilay be fixed by agreement under clause (a) of sub- be consi-
section (1) of section 11, the Collector shall take into con- dered in
fixing
sideration— oompensa-
(a) the rent payable in respect of the premises; . ;..
tion by
agree-
(b) if, in consequence of the requisition of the premises, ment.
the person interested is compelled to change his
residence or place of business i the reasonable
expenses (if any) incidental to such change.; and
the damage or loss of income (if any) sustained, by
the person interested between the date of service
of the order under sub-section (1) or under clause
(b) of sub-section (3) of section 3, as the case may
be, on such person and the date when the Collector
takes possession of the premises.
(c)
13. The Collector shall enquire into the respective rights
of all persons interested in the premises and shall decide
whether the compensation shall, be paid to any such person
periodically or in lump. If the compensation is to be paid
periodically the Collector shall, having regard to the terms
and conditions under which a tenant may be in occupation
*Delete the brackets and figure (1)"
Persons
with
whom
agreement
is to be
entered
into.
6 The West Bengal Premises Requisition and Control
(Temporary Provisions) Act, 1947.
[West Ben. Act
(Chapter III—Provisions regarding compensation Chapter IV Control of vacant premises Sections 14 18.)
of the premises;, .`also decide whether the agreement for pay-
ment of compensation referred to in section 11 shall be
entered into with such tenamt or with the immediate landlord of such tenant.
14. When a dispute arises as to the person or persons to
whom the amount of compensation or any part thereof is
payable or as to the apportionment of the same or any part
thereof, the Collector shall keep the amount in revenue
deposit, till there has been a settlement of the dispute.
Deposit of
compensa-
tion in
case of
dispute.
Applica-
tion of the
chapter.
CHAPTER IV.
CONTROL OF VACANT PREMISES.
15. (1) The Provincial Government may, from time to time by notification published in the Official Gazette, declare that the provisions of this chapter shall apply to any local
area or to any categories of premises in any local area
specified in such notification.
(2) The publication of a notification under sub-section (1) shall be conclusive evidence that the provisions of this chapter
have been duly applied to such local area or to such categories
of premises as is specified in the notification.
(3) The Provincial Government may, by a like notification,
declare that this chapter shall cease to apply in any local
area or categories of premises in any area.
Restric- 16. After the iv ue---01 notification -under sub-section (1) Lions on
lease. of section 15, no landlord shall let out his_prenaises in any
manner except as provided in this chapter.
Notice by 17. (1) The landlord of any premises shall, within seven landlord. days after such premisesfalls vacant by reason of his ceasing
to occupy such pTemises or by the termination of a tenancy in respect of such -.kremises, give, notice thereof to the Collector in the prescril3ed form and manner :
Provided that the nOlice in respect of premises lying
vacant at the date of notification under sub-section (1) of section 15 shall be given within fifteen days of such date,
notwithstanding any agreement that may have been made
with any person previous to the'-date of such notification for letting out the premises.
(2) The landlord shall also give similar notice to the Collector in respect of any vacant premises which he does not
intend to let out to tenants stating the reasons thereof, and
the Collector shall decide whether or not the premises shall be let out.
Procedure
of letting
out
premises
by the
Collector.
18. (1) On receipt of the notice under section 17, the
Collector shall, in pursuance of any directions that the Pro-
vincial Government may give in this behalf from time to
time, and after making such inquiry as he considers neces-
sary, select a person to be inducted as a tenant in the
The West Bengal Premises Requisition and Control 7
(Temporary Provisions) Act, 1947.
f 1872.
V. of 1947.]
(Chapter IV—Control of vacant premises Chapter V— . Miscellaneous—Sections 19-22.)
premises and direct the landlord by a written order to put
such person in possession of the premises on payment of one
month's rent to the landlord as may be specified in the order:
Provided that the amount specified in the order as rent
which the tenant has paid under this sub-section shall not
be deemed to be the sum payable as rent in respect of such
premises if it is in excess of what is permissible under the
law for the time being in force, and the tenant shall be
entitled to apply to th appropriate authority for fixation of
fair and equitable rent in respect of such premises.
(2) Where the Collector does not find a tenant suitable
for the premises within two weeks after the receipt of notice
under section 17, he shall issue a permit in the prescribed
form to the landlord allowing him to use• or deal with such
premises as he may think fit.
(3) If the landlord fails to comply with an order made
under sub-section (1), the Collector or any person authorised
by him in writing in this behalf shall execute the order in
such manner as he considers expedient.
19. Notwithstanding anything contained in section 18, vacant
any premises in respect of which notice has been given under premises
section 17 may be requisitioned under the provisions of this maY.be
Act. tinned.
CHAPTER V.
MISCELLANEOUS.
20. (1) Whoever contravenes any provision of this Act, Penalty.
or fails or neglects to obey any order made thereunder
shall be punishable ,with imprisonment for a term which
may extend to one year or with fine which, may extend to two
thousand rupees or with both.
(2) No court shall take cognizance of any offence
punishable under sub-section (1) except on the complaint
in writing of the Collector.
21. (1) No order made in exercise of any power con- Saving as
f erred by or under this Act shall be called in question in to orders.
any Court.
(2) Where an order purports to have been made and
signed by any authority in exercise of any power conferred
by or under this Act, a Court shall presume, within the
meaning of the Indian Evidence Act, 1872, that such order
was so made by that authority.
22. 04 No suit, prosecution or other legal proceeding
shall lie against any person for anything which is in good
faith done or intended to be done in pursuance of this Act
or any order made thereunder.
Protection
of action
taken
under this
Act.
(b) the form and manner of service of notice referred
to in section 4;
the form and manner of service of notice referred
to in sub-section (1) of section 7;
the procedure -to be followed in arbitrations and
appeals tinder section 11, the period within
which such ,appeals are to be filed, the principles
to -be followed in apportioning the costs of pro-
ceedings before the arbitrator and on appeal and
the fees to be paid to experts and assessors
appointed under that section;
(e) the form and manner of service of the notice to the
Collector referred to in section 17; and
(f) the form of permit referred to in sub-section (2) of
section 18.
(e)
(d)
The West Bengal Premises Requisition and Control
(Temporary. Provisions) Act, 1947.
[West Ben. Act V of 1947.]
(Chapter V—Miscellaneous—Sections 23, 24.)
(2) Save as is otherwise expressly provided in this Act
no suit or other legal proceeding shall lie against the
Provincial Government for any damage caused or likely to
be caused by anything in good faith done or intended to be
done in pursuance of this Act or any order made there-
under.
Repeal and 23. (1) On the expiry of the West Bengal Premises saving. (Requisition and Eviction) Ordinance, 1947, the provisions
of section 8 of the Bengal General Clauses Act, 1899, shall
apply as if it were an enactment then repealed by a West
Bengal Act.
(2) Any rules, orders and appointments made or any-
thing done or any action taken or any proceedings com-
menced under any of the provisions of the said Ordinance
shall continue in force in so far as they are consistent with
this Act and shall be deemed to have been made, done,
taken or commenced under the corresponding provision of
this Act.
West
Ord. X
1947. •
Ben.
of 189p,
Power
to make
rules.
24. (1) The Provincial Government may make rules for
carrying out the purposes of this Act.
(2) In particular and without prejudice to the gene-
rality of the foregoing powers, such rules may provide for
all or any of the following matters, namely:—
" (a) the manner of service of the orders referred to in
sub-sections (2) and (3) of section 3; •
o
WBGP-4718-7260A-2M

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