The west bengal government premises ( tenancy regulation) act, 1976

West Bengal Act XIX of 1976' 
THE WEST BENGAL GOVERNMENT PREMISES 
(TENANCY REGULATION) ACT, 1976. 
West Ben. ACL VIlI of 1980. 
Wesl Ben. Acr XLVI of 1980. 
AMENDED . . Wesl Ben. Acr XXX or 1985. 
Wesl Ben. Acl LIV of 1991. 
West Ben. Act XXXV of 1997, 
[/st April, 1976.1 
All Act IU provirle fur 111e reg~rlutian ojcerrrrb~ itlcidet~~s of tellarrcy ill 
relati011 to Goven~trretrt prerrtises in Wesr Bnr~al. 
WHEKE~S it is expedient to provide for the regulation of cennin 
incidenls of tenancy in relation to Governmen[ premises in West Bengal 
and for mnlrcrs connected lhercwith or icidenral thereto; 
It is hereby enacted in the Twenty-seventh Year of the Republic of 
India, by rhe Legislnture of West Bengal, as follows:- 
1. (1) This Act may be called  he West Bengal Governrncnt Prcmiscs shorr 
(Tcnancy Regulation) Act, 1976. and cxtent. 
(2) 11 extends to he whole or Wcst Bcngnl. 
2. In this Act, unless [he conlext olherwisc requires,- Dclinitions. 
'(1 a) "Appcllalc Authority" means any aulhority, superiar in mnk 
lo the prescribed authority, appointed by the State 
Government in respect of a local urea for the purpose of 
'[the lhird proviso ro clause (a) of sub-section (3) of 
seclion 3 and] sub-secrion (2) or section 6C, and includes 
different such aulrlori~ies for dilTertnt local areas; 
(a) "Government prenuses" means any premises which is owned 
by the Slale Govcrnment or by a Government undertaking 
but does not include [he official residence of any person 
authorised to occupy any premises in considcnlion of the 
office which he holds under [he Srare Government or a 
Government underlaking for [he lime being; 
'For Shterncnl or Objcc~ and Kcmons, we thc Culcirtfa Caxr~e. Errmordi~raty, 
Pan IV. orthc 91h March. 1976. page 1216: for pmccdings or thc \Vest Rcngal Lgisla~ivc 
Asscrnbly, see ~hc pmccdings or 11lc lllccting or that Assembly hcld on thc 18th March, 
1976. 
:Clause (la) wu ilddcd by s. 2 of the WCS~ Ucngal Govcrnmcnt Prerniscs (Tenancy 
Rcguhtion) (Arncndmcnr) Act, 1935 (W-[ Bcn. Acl XXX or 1985). 
JThc word>, figurcs. lctlcr and bnckcfs wcrc inwfled by s. 2 of rhc \Vcsr Bcngal 
Cnvrrnmrnr Ptrrniqps (Trnanrv Rrr~ilnrinnl (Alnrndmmll Arr 1W7 nV-d Urn AFI 
The West Btvrgnl Gover~rtnerrt Prerrlkes (T~t~aticy Regulariorl) 
Acr, 1976. 
[Wut Ben. Act 
(Section 3.) 
(b) "Governmcnl undertaking" means a body corporate 
constilu~ed by or undcr a Ccntral or Slale Act which is 
under the adrninistn~ive control of the Statc Government 
or in which thc Slate Governmenl has exclusive proprietary 
inleresl: 
(c) "premises" means any building or hut and includes part of 
a building or hur and a seat in a room. Ict scpmtely. and 
also includes,- 
(i) thc gardens. grourids and oul-houses, if any. appurtcnanr 
thereto. 
(ii) any furnilure supplied or any fillin~s w fixtures affixed 
for rhe use of the lenanr in such building, hut or scal 
in a room, as Ihc casc may be: 
(d) "prescribed" mcans prescribed by rules made under this 
Acr; 
(e) "prescribed authority" mcms XI authoriry appointed by the 
Slale Government in rcspcct or a local area, by notificalion 
in the Oficial Gazerre, for carrying out the purposcs of his 
Act and includes different such aulhorilies for different 
local areas: 
(f) "tenant" means any person by whom the rent of any premises 
is, or but for a special contract would be, payable and 
includes in thc cvcnl of such person's death. such of his 
heirs as were ordinarily residing with him at the limc of 
his death. 
Terminalion 3. (1) Every Iennncy held by a tenant in respecl of a Govern- 
or lenzncy. 
men1 premises shall sland ierminated upon the expiry of the period 
referred to in a notice lo quit served upon such tenanr in the prescribed 
manncr. 
(2) A tcnoncy in respect of a Goverument premises shall stand 
au~omatically rerminated wiihout any notice ta quit whcrc thc [enan[ 
has,-- 
Tile Wesr Bellgal Goreen~~lte~~r Premises (Tenu~~cy Re~rrlarion) 
Acr. 1976. 
XIX of 19 76.1 
'(ia) subsequen~ly built a house or acquired (by purchase, gift, 
inherilance, lease, exchange or olherwise) a house or an 
apartment, cither in his own name or in the name of any 
mcrnber al his fmily, within a reasonable distance from 
such Govcmmenr premises. 
Exp1u11arion.-For the purposes of this section 
and secrion 3A,- 
(a) "appartment" shall have the same meaning as in the Wcrl Ben. 
West Bengal Apartment Ownership Act, 1972; Act XVl of 
197?. 
(b) "family" shall include parents and other relations OF 
the rcnant who ordinarily reside with him and are 
dependant on him; 
(c) "reasonable distance" shall mean any distance no1 
exceeding ~wenly-five kilornelre.q, or 
(ii) made default in payment of rent For thrce conseculive months: 
Provided that where the renancy has terminated on 
account of deiaulr in psymenr of rent for three consecutive 
months [he prescribed authority may, upon applicarion made 
by the rcnant wirhin such time ns may be prescribed and 
upon deposit of all  he meam of rent togethcr wirh interest 
at the prcscribd rale, grant renewd of the Lcnancy in hour 
OF [he tenant: 
Provided further [ha[ the prcscribed aulhority may, on 
sufficient cause being shown, gmnr renewaI of Ihe tenancy 
in favour or the tenant on deposit of fifty per cetlr. of the 
arrears of rent along with rhc application for renewal of 
tenancy and direc~ thc tenant ro deposit he balance of the 
srrcars of rent wirh interesl on the entire amounr al the 
prescribed rite in twelve monthly inslalmenu commencing 
from the month following [he manth of such renewal of 
renancy, and if rhe lcnant fails to deposit any suchinsulnlent 
the tenancy so renewed shalI stand automatically lerminaled: 
*['Provided furlher bat ihe prescribed authorily may, if 
it is satisfied that [he tenant has failed to pay rent due lo 
circumstances beyond his control and is not in a position 
'This ckusc wa subs!ilulcd lor \he prcvious clause (ia) by s. 2 or thc Wesl Bcngnl 
Govcmmcni Prcrniscs (Tcnancy Regulation) (Sccond Arnendmcnl) ACI, 1980 (WCSI Bcn. 
Acl XLVI of 1980). Prior In this substilu~ior~ cIaust. (i:~) was inscncd by s. 2(2) or rhc 
Wcsl Bengal Govcrnrnent Prclnixs (Tenancy Regularion) (Amcndmenl) Acl. 1980 (Wut 
Bcn. Acl VU1 of 1880). 
mi< pmvi-w was inscncd by s. ?(b) of rhe Wcsr Bcngal Govcrnn~cnl Pmrnism 
(Tcnancy Rcgulalion) (Arncndmcnl) Act. 1980 (Wcsi Bcn. Act VllI or 1980). 
*This furthcr pmviso was ~rhaps added hcrc on account or clcrical rnisrakc madc, 
Ihraugh inadvcnzncc. in the Wczi Bcngal Govemrncnl Premiscs (Tcnancy Regularion) 
(Amcndmcnll At[. 19Sfl (Wr<r Urn Arr Vlll nr lOQn\ -r nn -m-.:-n- --r..-. * -.. --- - - - - - 
Tile Wes! Betrgal Govenm~etrt Prel~rises (Tct~atlcy Regrrlation) 
Ac!. 1976. 
[West Ben. Act 
ro deposi~ Fifty per cetrr. OF thc arrears of rent along rvilh 
rhc application for renewal of tcnancy, grant renewal of thc 
tenancy in favour of 1/11 121iant on deposit of 1wenr.y-five 
per cent. of the mcnrs of rent along wilk the application 
for renewnl of tenancy and direct thc tenant to dcposil the 
balance of [he artcars of ren! wilh interesl on 1hc enrire 
amount nr Ihe prescribed rare in such number of monthly 
instalrncnrs. no1 less than [welve aild nor more [han ihiq- 
six, as [he prescribed autt~orily may consider reuonable, 
commcncing from ~hc month following the monrh of such 
renewal of tenancy, and if thc rcnur fails Lo deposi~ any 
such instalmenr, [he [enancy so renewed shall srand 
au~omn~ically terminated]: 
Provided also hat nolwiths~anding the terminarion of 
the lenancy the State Government or !he Government 
undenaking, as [he case may be, shall be entillcd 10 recover 
all amcnrs of rent for the period for which the tenancy 
subsisted and rnesne profils lhcreafter for so long as the 
[enant remained in occupation of the premises. 
'(3) (a) Whcre any Governmen[ premises allotred [oa tenant remains 
under lock and key for a period of morc than rhree consecutive months 
or where the Ienonr or any member of his family is not ordinarily resident 
of such Govemmcnt premises, Ihc tenancy in respec1 of such Govemrncn~ 
premises shnlI stand automatically lerminatcd: 
Provided that if thc prescribed authority is snlisficd that the 
circumstances. under which such Governnlenl premises remains under 
lock and kcy for more than three consecu~ive months or the [enant or 
any member by his TamiIy is not ordinarily a resident of such Government 
premises, are beyond he control of [he [enant. it may allow the tenancy 
to subsist: 
?Provided furher rhal rhz prescribed authoriiy shall give he lenanr 
a no~ice and an opponunity OF being heard before such lerrnina~ion: 
2Provided also that an appeal shall lic to he Appellare Authority 
against an order determining non-occupation [or a period or rhree 
consecutive months or non-residence by the renant or any member of 
his family under the above provisos within fihecn days from ~hc dale 
of he order passed by I he prescribed zluchorily and, in such case, [he 
decision of  he Appellate Authority shall be final. 
LSub-scc~ion (3) WLS inscncd by s. 2 of ~hc \Ycsr Bcngal Gnvcrnmcn~ Premises 
(Tcnancy Regulation) (Amendrncnl) Act. 1994 (West Ben, Acl LlV or 1994). 
?I%-=.. ,,I., nmr.:cmr wrm inrrr+rrl hv c 1 nT ~hr \VwI Rrnoal Cnvcmmenl Prcmises 
(b) A tenant shdl bc deemed lo be ordinarily rzsiden~ of a Government 
premises if he or any rnembcr of his family generally resides in such 
Government prcrnjses for 1101 less than ninely days in a period of (our 
co~lsecutive monlhs. 
(c] Thc provisions of lhjs sub-section shaII have cffeci na[withs~anding 
anylhing contained in this Act or in any other Inw for !he lime being 
in force or in any instrument having effect by vinue of any law olher 
than this Acr, or in any decrcc or order of any coun, uibunal or orher 
4 or 1R82. authoriry, and nothing conlained in the Transfer of Propcrty Acr, 1882, 
9 OF I 872. or the Indian Conrncl Act. 1872. or thc West Bengal Prcmises Tcnancy 
~~S(~~~j Act, 1956, shall apply, or shall be decmed over 10 have applicd, to thc 
1956. tenancy as aroresaid and such lenancy shall lake effcc~, and shall bc 
deerncd always lo have takcn effect, as if [he Transfer of Propcrty Act, 
1882, or [he Indian Contr~cr Act, 1872, or [he West Bengal Premises 
Tenancy Act. 1956, had noi been passed. 
'3A. A tenancy in respecl of a Government premises shall be 'Tenancy lo 
deemed io be void where on lhc date of nllotmen~ of such Government be ir 
held by a 
premiscs [he tenant is, or had bwn, [he owner of a house or an aparlment, lenanl own- 
kither in his own name or in [he name of any rnembcr of his family, ing h0u-K: 
or apmnlcnl 
wirhin a reasonable distance from such Government premises. on he bu: of 
4. (1) Upon termination of a tenancy under ;my of the provisjons RcsronLion 
of sccuan 3 '[or upon a ienancy being void under seclion 3A1 ihe tenant 
shall Forlhwith restore vacilnl possession of the premises occupied by 
him in favour OF the prescribed aulhoriry. 
(2) Ifthe tcnant fails to reston: possession of rhe premises under sub- 
section (I), !he prescribed aurborily or any officer aulhorised by him in 
(his behalf may lake such steps or use such force as may be necessary 
to lake possession of the premiscs and may also enter into such premises 
for the aforesaid purpose. 
5. If any tenant sublets or inducts any person in the prerniscs Pcnajly Tor 
occvpied by him or in any part of it, in violation of the terms of lexe ::ik$F governing his renancy the tenan1 as wcIl as the pcrson in unauthorised 
occupation of lhe prcmises shall be liablc on conviclion to imprisonment 
for a lerm which may exlend 10 six monrhs or lo fine which may cxrend 
to one lhousand rupees or ro both. 
- - - 
'Section 3A was insencd by s. 3 oftlie Wcsi Bcngnl Governlncnr Premises (Tenmcy 
Rcgulaliun) (Sccond Amcndmcnl) Act, 1980 (\Vat Ben. ACI XLVI uf 1980). 
'%e qvnrdc Ci~r~rc nnt! lcrlcr u*ilhin Bc square bnckcrs rvcrc inxrled by s. 4, ibid. 
Eviction of 
unaulhonscd 
rrctrpnnLq 
and pcnulry 
lor such 
wcup~r ion, 
Olicncc 
sndcr ~hc ACI 
10 be 
mgnimblc. 
P;?yrncnl or 
compnsa- 
lion. 
fie West Bet~got Go~~cn~rlrenr Prer~~ises (Tc~larlcy Regvlutiorz) 
Acr, 1976. 
[West Bcn. Act , 
6. If by vimc of a lriparlite agreement an employer is aurhorised 
to collect lhe rcnt payable by the renant \i+~o is lhc employee or such 
cmployer and deposit the same in favour of rhe Srare Governn~ent or 
the Govcrnrnenl undertaking, as thc car: may be, [hen for failure on the 
part of the employer to make sucll dep~si~ within the lime agreed upon. 
[he employer or in case thc cmploycr is a coiilpalg or other body 
corporate or an association or persons (whe~hcr incorporaled or not). 
evcry director, rnanagcr. secretary, agent or other officer or person 
concerned with the manaeernent ~hercof shnll. unless he proves that Lhe 
offence was cornmiued wilhou~ his knowledge or consent, be liable on 
con~~iction lo o fine which may extend to fivc thousond rupees and in 
case of a conlinuing offence, to a further fine which may extend lo one 
hundred rupees fur each day during which Ihe offence continues. 
'6A. Where any person, no1 being a tenant, occupies, or rcmains 
in occupation OF. any Government premises rvirhou t 111c writtell order 
of the prescribed authority,- 
(a) [he prescribed authority, or any oCficer authotised by it in 
this behalF, may mke such steps and use such force us may 
be necessaq lo lake possession of the premises and may 
also enter into the premises for the said purpose; and 
(b) such person shall be punishabIe with imprisonment for a 
term which may extend to six months. or wilh fine which 
may extend to one thousand rupees, or wirlt both. 
'GB. Arl oflcnce punishable under section 5 or clause (b) of section 
6A shall be cognizable. 
I6C. (1) Where arly damage beyond normal wear and tear has been 
caused to any Government prenliscn rhe possession of which has been 
laken from a tenant under [he provisions of section 4, or wherc any 
damage hw been causecl lo Any Govcrntnenc prcmises the possessian of 
which has been taken under ihc provisions of sec~ion 6A, such lenanr 
ar such person, as  he casc may be. shall be liable 10 pay for the repair 
of such dam~ge such cornpensarion, not excceding   he casl of repair, as 
may be determined, by order. by the prescribed authorily, afler giving 
the tenant or the person, as he case may be, an opporbnity of being 
heard. 
(2) An appeal shall lie to the Appcllate Aulhority againsl an order 
determining compensalion under sub-secrion (1) within fifteen days 
from the date of rhe order. 
'Sccfions 6A, 6B. GC and GD werc inscncd by s. 3 of ~hc Wcsr Bcngal Govurnmcnl 
Prcmiscs renancy Repulalion) (Amendrncnll hrr 19R5 ~VP,, R.." a-1 vvv ..r .nor> 
Tlie lVesr Betrgul Govenrnrenf Prettlisfs (Te~inrrcy Regrrlarion) 
Act. 1976. 
(3) The decision of the Appellate Aulhorily shall be final. 
'6D. Tl~e amount of compcnsa~ion delemined under section 6C by Pcrid rar 
pymccnt or 
the prescribed authority or [he AppelIate Authority, as the case may be, ,,,Fnsa- 
shall be payable by the tenanl or the person, as the case may bc, IiabIe [ion. 
to pay such compensation, within thirly days from [he dale of the order.". 
7. Any claim for arrears or rcnl or for mesue profits =[or for Kccoveryor 
ccrlain compensation] under this Act shall, if no[ duly paid, be recoverable as clairnr 
Bcn. AC~ 111 a public demand under thc Bcngal Public Demands Recovery Act, 19 13, public 
of 1913. dcmand. 
8. (1) The Slate Governmen1 or the Govcrnmcnt underraking may Appoinl- 
appoint such officers and ernployces lor cqing out ihe purposes of this z:::, c,c* 
Act as he Slate Government or Ihe Govcmmcnt undertaking may deem and 
fir. delegafiun oC powcr. 
(2) The prescribed aulborily ]nay delegate, subjecr to such conditions 
as the Stare Government may think it to impose, td any officer appoinrcd 
under sub-section (I) any of its powers under his AC~. 
9. The prescribed authority I[. the Appellate Aurl~ority] and the Ccflain 
pcrsons lo 
officers and othcr employees aulhorised to carry out any of the purposes h, dccmcd 
of this act shall be deemed to be public servants wi~hin [he meaning of to bc public 
45 01 1860. seclion 21 of [he Indian Penal Code. servnnu. 
10. No suit, prosecution or other legal proceeding whatsocvcr shall Indcmniry. 
lie agains~ any person for anything in gaod faith donc or inlended ro be 
done under this Act. 
11. If any difficulty arises in giving cffccr to the provisions of [his Powcr ro 
Act, the State Government may makc such order or do such thing, no1 zzI;ftics. inconsistent with Ihc provisions of [his Act, as appears lo i~ 10 be 
necessary or cxpedienr for removing [he difficulty. 
12. '(1) The provisions of this Acr shall have erfcct norwithstanding Act10 
anything conhined in any othcr law for the time bcing in forcc, or in :z$kvs- 
any contnct, express or implied, or in any custom or usage to thc 
contrary. 
'(2) In panicular and without prejudice to the generality of thc 
WcstBen. foregoing provisions, the West Bengal Public Land (Eviction of *" Unauthorised Occupants) Acr, 1962 shall nor bc applicable to any prcrnises 1962. 
to which this Act applies. 
'SLFC root-notc 1 on pagc 402. nrrre. 
%c word< within thc squaw bnckcts wcrc inrcncd by s. 4 of Ihc \Vest Bcngal 
Govcrnmcnt Prcmi.ws pcnancy RcguIation) (Amcndmcnt) Acl. 1985 (Wcsr Bcn. ACI 
XXX uf 1985). 
'The tvords within thc squnrc bnclicr~ wcrc inrcficd by s. 5, ibid. .- . .- . . . . . . .. . . 
Prosecution 
subject !O 
sanc~ion of 
Ihr: 
prcscribcd 
authari~y. 
r'owcr lo 
make ruk. 
Repcal and 
savrngs. 
i 
TAP \Y~J-I Bellgal Govenlt~~e~lr Pretrrisr.s (Tet~mlcy Regirlurion) 
Act, 1976. 
[West Ben. Act XIX of 1976.1 
13. No civil courl shall have jurisdiction to decide or deal wilh any 
question which is by or under [his Acr required lo be decided or dealr 
with undcr (he provisions of this Act. 
14. No Court shall r.*e cognizance of any offence under this Act 
except with the previous sanclion of the prcscribed aulhority, and no 
Court inferior to that of a Magishale of rhc First Class shall lry such 
oFfencz. 
15. (1) The Slarc Government may make rulcs for carrying out rhe 
purposes a[ [his Acl. 
(2) In parlicular, and wilhour prejudice lo the generalily of the 
foregoing power, such nhes may provide for all or any of the marten: 
which may bc or are requircd 10 be prescribed. 
16. (1) The West Bengal Government Prcrnises (Tennncy Regulation) Wcsl Ben 
Ord. I or Ordinwce. 1976, is hereby repealed. 1976, 
(2) Anything done or any action lakcn under the West Bengal 
Government Premises (Tenancy Regulation) Ordinance, 1976. shall bc 
deemcd to have bccn validly done or taken under this Act as if this Act 
had commenced on liie 7rh day of January, 1976. 

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