LexThe west bengal premises tenancy act, 1956
West Bengal · state statute
Open in Lexace · Ask the AI about this actWest Bengal Act XII of 1956
THE WEST BENGAL PREMISES TENANCY ACT, 1956.
CONTENTS.
Section.
1. Shorl title, commencement and exlent.
2. Delini~ions.
3. Cerlain provisions of [he Act not to apply lo ccrtnjn Icnscs.
CHAPTER II.
Provisions regarding rcnt.
4. Excess over fair rent lo bc irrccovcrable.
5. Reslriction on claim. dcmand or rcccipt of prcmium or other consideration.
6. Restriction on the sale of furniture in any prcmiscs lct to a Icnant.
7. Reiund of renr, premium, elc, not recoverable undcr ~hc Acr.
8. Fair rcnt.
8. Incrcasc of fair rcnt in ccdain caws.
10. Con~roller to fix or jncrcasc fair rent on application by landlord or [enant.
11. Rcvision of hir rent.
12. When fair rcnl lixcd by the Controller takes effect.
CHAPTER III.
Suits and proceedings for eviction.
~rotecdon 01 tcnan! against cvicrion.
Resrricuon on sub-lct~ing.
Tcnant not to receive any sum or considcration for rclinquishmcnt oi tcnancy.
Crcarion and terminalion of sub-tenancies to be not ificd.
When a tenanr can get the benefit of prolecdon againsl evjclion.
Powcr or Courl to set aside ordcr slriking out dcrcnuc ogninsr dclivc~y of possession.
Powcr of Courl ro sct aside decree in cases where derence ngainsl dclivrry of possession ;- - , -
srruck out. , -
Dcposir, under section 17A or sccrion 17B to bc Jecmcd 10 bc deposit as required by sub-
section (1) or sub-section (2) of section 17.
Powcr of Court to set aside decrecs passcd on account of default in the payment of rent.
Powcr oi Court lo set aside ccmin decrees passed in suits brought by transferee-landlords 1
wi~hin three years from the datc of transfer.
Tlrc lPesr Betlgal Prettrises Ter~arrcy Act, 1956.
[West Ben. Act ,
Section.
1 8. Whcn a tcnant is cntirled lo resroration and compensa~ion.
18A. Res~ora~ion of lcnnncy where decree for rccovcry of possession is passed under clause (f) of
I.
- sub-scction ( I) of sccdon 13.
i
19. Provisions regarding notice of giving up possession by rcnanls under conlracb.
20. Special provisions regarding jurisdiction of Courts for trial of suils for possession.
2 1. Deposir of rcnl by thc tenanl.
22. Time-limit for making deposit and conscquenccs of incorrect particulars in applicalion for
dcposit.
23. Saving as to acceptance of renl.
24. Where [here shaII bc a waiver or default.
25. Receipt to be givc~i for rcnt paid.
CHAPTER IVA.
Hotels and Lodging Houses.
25A. Fixation of fair rarc and number of lodgcrs.
25B. Revision or fair ralc and number of lodgcs.
25C. Notice of fair rarc and number of lodgers to bc displayed.
25D. Agreemenr for paymcnr oC charges in excess of fair rate.
25E. No eviclion if fair ralc paid.
2% Punishmcnl.
25G. Chap~cr IVA nor ro apply lo cerlain hotcls or lodging houses.
CHAPTER V.
Appointment of the Controller and other OMcers,
their powers and functions.
26. Appointment of Conlroller, Additional and Dcpuiy Controllers, Registrars and Deputy I
Registrars.
27. Final hearing of cenain applications.
28. Powcr lo cnter and in spec^ premises, 10 require informarion and to summon witnesses.
CHAFER VI.
Appeal, revision and review.
29. Appeal, rcvision and rcview.
CHAPTER VIA.
Summary trial of certain applications.
29A. Provisions of this chaprcr ro have overriding cffect.
29B. Special procedure for disposal of applications for cviclion on he ground of botrafide
requirement.
The Wesr Bellgal Prettiises Tetratrcy Act, 1956.
XII of 1956.1
CHAPTER VII.
PenaIties and misceIfaneous.
Scction.
30. Pcnally Tor recovering renl in exccss of the fair rcnt.
3 1 . Penally for disturbances of ememenls, elc.
32. Payment and recovery of fine.
33. Limitation [or complaints.
34. Making ofrepairs and liking of measures for ~hc mainlenance of csscnual services.
35. Taking of mcasurcs by lcnant in case of emergency.
, .
36. Tenam[ may get supply of clcctriciry LO lhc premises without the permission OF thc landlord.
37. Con~roller to bc a public scrvant.
33. Execution of ordcr passed by Conrroller.
39. Application of hc Indian Limitation Act, 1908,lo suih, appeals and proceedings.
40. Rcpcal and savings.
41. Bar of procecdings.
42. Powcr to rnakc rulcs.
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
West Bengal Act XI1 of 1956
THE WEST I3ENGAL PREMtSES TENANCY ACT, 1956.'
West Bcn. Act XVLU of 1956.
Wcsr Ben. Act XXVII of 1957.
Wcst Ben. Act X of 1958.
West Bcn. Acl XXVnI of 1959.
West Ben. ACI XXlX or 1965.
Wes~ Ben. Acl XXX of 1969.
Wesr Ben. Act XXXW of 1969.
Wesl Ben. ACL XVIH of 1970.
Wesl Ben. Act XXIV of 1975.
Wesl Bcn. Act LIT of 1976.
West Ben. ACL XXXVI or 1978.
West Ben. Act LM of 1978.
West Ben. Act XLI of 1979.
West Ben. Acl XXVI of 198 1.
West Ben. Acl XXM of 1984.
Wesl Ben. Act XVI of 1986.
West Ben. ACL XIV of 1988.
, Wcst Ben. Act XXVl of 1989.
An Acr ro provide for the regrrla ti011 of cei-iailt irrciderrts of rclrancy of
premises it1 Caicstra atid sollle other orens it1 Berlgnl
It is hereby enacled in. Ihe Scventh Ycar of the Republic of India,
by the Legislature of Wesl Bengal, as follows:-
CHAPTER I.
Preliminary.
1. (1) This Acl may bc called the Wes~ Bengal Prcmiscs Tcnancy shon tille,
Act, 1956. cornmcncc-
men1 and
(2) It shalI comc in10 force on such dale' a rhc Slate Government cncnr,
may, by nolification, appoinl.
'For thc Stntcmcnr of Objcc~s and Rzzons. see hc Colcutrd Gu:etre. Errruorrli~ruq,
dalcd ~lic I lrh Januuy. 1956. Pan IVA. paFc 49; for proctrdings of rhc Wes~ Bcngal
Legislnlirc Asscmbly. src the pmedings OF drc mcclings or thc \Vest Bengal Legislarive
Assz~nbly hsld on rhc 2nd, 3rd, 41h. 6th. ? 1st. 21nd, 23rd md 241h Fcbruuy and ihc 2nd
and 3rd hImh, 1956: and for proceedings of ahe \Vest Bcngd Lgisla~ive Council, see
the pmccedings or Ihc rlieerings of rhc 1Vcs1 Dcngd Lcgislaiiue Council held on the 9rh
and l?rh March, 1956.
'This Act. carnz into force on thc 31s1 Mwch, 1956, ride Ihz Covrrnmcnr or Wcsr
Bengd, land and Lnd Rcvcnuc kparlrncnr norificarion No. 6348L.R., daled the 301h
March. 1956. published in thc Culr~rlkr Gl~wrre. fi~rnordinay. OF thc 3151 March. 1956,
Pan 1. oaec 651.
Tlre Wesf Betrgal Preil~ises Tenancy Act, 1956.
[\Vest Ben. Act
(3) It exrends to [he whole of Calcutra and lo all areas which have
been or may hereaim bc constirurcd municipalities under the provisions
of the Bengal Municipal Act, 1932:
Provided that thc State Govcrnmcnt may, by 'notification, extend
this Act or any parr thereof lo any othcr arca specified in the
notification, or may, by notification, exclude any arm from hc opcrabon
of this ACL or any spccificd pwr thereof:
=Provided iurrhcr that this Act shall no1 apply-
(a) lo any prcmiscs belonging 10 3* * * * * any local
authority,
(b) to any premises belonging lo or rcquisitioncd by Govcrnmenr,
or
(c) ro any tenancy created by Govcrnmcnt in respect ofany premises
rakcn on lease by Govcmmen~.
Bcn. Acc XV
of 1932.
Expln~lariot~.-For the purpose of chis section, he expression "local
kuthorjcy" shall includc hc Board called lhe Truslees for hc improvement Act
of Calcuua, referred lo in scction 3 of the Calculta hprovcment ACI, of 1911.
191 1, as well as any body corporate or auhority that may hereafter bc
constituted under any law for thc rime being in force for he improvemen~
of any municipality, town or cantonment.
'For nodfication carending hc Act.--(a) to the Bmckpur CYltonmcnt Am md
ccnain other ma in the dislrica of24-Pqmas. West Dinajpur. Midnapur. Dyjctling,
Birbhum, Jnlpaiguri, Cooch Bchw, Hmghly, Hownhmd Burdwan, JCC lhc Land md hd
Rcvcnuc Deparrmzn~ notifica~ion No. 6350L.R.. &J rhe 3hh Mach. 1956. publishcd
in lhc Cnlc~um Guetre, Errraorditrug of he 31sr March. 1956. Psn I. pages 681686.
zs subsrquently nmcndcd fmm umc to lime.
(b) to niaum Khdis~i. in rhc disdci or Hooghly. see noliliuuon No. 18634L.R..
d~tcd 3.1 1.56. publishcd in thc Calcuttn Gazette of 1956. PU 1. pgc 4146.
(c) to cedilin nmum undcr thc policc-s~a~ions oTGatsi, Ondd. Ausgnm and Kmksa
in tht disiricr of Burdwan, scc norificnrion No. 19124L.R.. dated 10.1 1.56, published in
the Culcurrrr Gwrre of 1956, Pm I, page 4301.
(d) to ccnain areas within plicc-station Ondal. in the district of Burdwm, see
notificarion No. 14176L.R.. dmcd 29.7.57. publishcd in he Calcufto Gazetfe of 1957.
Pd I, pzge 2822.
(c) LO ccmin mens lying in hc dkrric~ of 24.P~ana.are notilicalion No. 10012L.R..
dalcd 15.6.60. published in rht Culcu~fo Gazcll# of 1960. Pan 1. page 2163.
(0 to cenin oreas in ihc dish* or Purulik ~tc nolificnuon No. 151 t2L.R., daied
8.10.60. published in fie Cnlcurra Goixttc of 1960, PYt I, pngc 3337.
Ig) lo ccnain m in the districi of Howmh, see nalificdon No. 15174L.R.. dued
13.9.61. publishcd in hc Culcrrrra Cazcrtc of 1961. Pw I, page 3569.
(h) to cermin arens,in ~hc districr of Hmghly, ~cc noufidon No. 9163L.R., dated
3.7.62, publishcd in he Calcurra Garcrtc of 1962. Put 1. page 2375.
'Subslirurcd with relmspcclive cllcct by s. 2 of Ihe Wesr Beogd Prrrnises Tenancy
(Amendment) Acl 1965 (Wesr Ben. Act XXIX of 1965).
'The words "or den on lcase by" were ornilled by 5.2 of thc Wfsl Bcngd Prcmiscs
Tcnmcy (Amendrncnl) Act. 1970 (West Bcn. Act XVIU of 1970).
2. In [his Act,unless there is anylhing rcpugnanr in Lhc subjcct or D~finiIi~ns.
contcxL,-
'(a) "Calcuth" means the area described in Schcdulc I to thc
\Vest Bcn.
Acr LIX Calculra Municipal Corporation Act, 1980;
or t 980. (b) "Controller" means a Controller appointed under sub-
section (1) of scction 26 and includcs an Additional Controller
and a Deputy Con&ollcr appoinlcd under sub-section (2) OF
hat seclion;
(c) "fair rent" in rcladon to any premises means the fair rent
referred lo in scclion 8 or where the fair renl has been
increased under section 9 such increased rent or where the
[air rent has been revised under section 11 such revised renl;
"hole1 or lodging house" means an eslablishrnent where
lodging with or wilhoul board ar othcr scrvice is provided
for a monetary considcralion;
(d) "landlord" includes any person who, for thc lime being, is
entitled to rcccivc or bu~ for a special contact, would be
enlillcd to rcccive, thc rcnt of any premises, whelher or not
on his own accounr;
)(dd) "manager OF a ho~el" includes any person in charge of the
management of a hotel;
(c) "notificalion" means a noufication published in he Oficial
Gozetle;
'(ee) "owner of a lodging house" means any person who for he
timc being is receiving any monetary considemiion from any
person on account 01 board or lodging, or othcr service in
he lodging housc, and includcs any person who is cnlilled
to insliturc a suit for thc recovery of such monctary
consideration;
(fj "premises" nieans any building or part of n building or any
hut or pas or a hut let separately and includes-
(i) the gwdcns, grounds and out-houses, if any, appertaining
thcrcro,
(ii) any iurniiure supplied or any fittings or fixtures affixed
for the use of the tenant in such building or pan of a
building or hut or part of a hut,
bul docs not include a room in a hole1 or a lodging house;
'Clause (a) rvas subsulu~cd for thc original claux by s. 2 olrhe \V&I Bengal Premises
Tcnancy (Arnendmeni) Act. 1986 (IVest Bm. Acr XVI of 1986).
~Clnusr: (cc) wm inscncd by s, 2(1) of the Wcsl Bengd Premises Tenmcy (Second
A~ncndmenr) Act. 1969 (West Ben. Acl XXXlV of 1969),
'Clausc (dd] wa inscnrd by s. 2(2), ibid.
'Clausc (cc) was inscncd hv s, 33), ihid.
The West Berrgal Pren~ises Tetlutrql Acr, 1956.
[West Ben. Act
(g) "prcscribed" means prcscribed by rules framcd undcr his
Acl;
(h) "tcnant" ?[means any person] by whom or on whose accounr
or behalf, rhe rent of any premiscs is, or but for a special
contracl would be, payable and '[includes any person
continuing in possession afwr the terminalion of his tenancy
or in he even1 or such person's dearh, such or his heirs as
were ordinarjly rcsiding with hlm at rhc rime of his death,]
but shall not includc any person against whom any decree
or ordcr for eviclion has bccn made by a Court of cornpctcnt
jursidiction.
Ccnain 3. 4[(1) Thc provisions relaring to rcnl and the provisions of
prov~sion~ or
Act nor scctians 3 1 and 36 shall apply lo any prcmiscs held under a lease for
10 apply to rcsidcn~ial purpose af hc lcssee himself and regislcrcd under he Indian
crnain
foaqcs. Regislraljon Act, 1908, whcrc-
(a) such leasc has been entered inlo on or after the 1st December,
1948, and
(b) such lcasc is for a period or not more lhan 20 years, and savc
as aforcsaid nothing in his ACL shall apply to any premises
held under a lcase for a period of no1 lcss than 15 years.
'(2) Notwilhstanding anyhing to ihc conwary contained in sub-
section (I) but subject lo sub-section (3) of scclion 4, this Act shall apply
to all prcmiscs held under a Icuc which has becn cntcrcd into aRer the
commenccmcnt of the Wesr Bengal Premises Tenancy (Arncndment) W~SI Ben,
Ordinance, 1965: ord. v I of
1965.
Provided [hat if any such lzasc is for a period of not lcss than 20
. .
ycars and the perid limited by such lease is not expressed to be terminable
before irs expirarion al the option eilher of thc IandIord or of the renanr,
noihing in this Act, othcr lhan the provisions relating to rent and lhc
provisions oFsections 31 and 36, shall apply to any premises held undcr
such leasc.
'The .Erpllllutrrrfio~r' ro clausc (I) was omitted by s. 3 of the Wcsr Bengd Prcmiscs
Tenancy (Arncnd~ncnt) Act. 1970 (West Bcn. Act XVlU of 1970).
'S~lbslilutcd Car chc words 'TncIudcs my pcrson" by s.3(a) ollhc Wcst Bcngnl Prcrnisu
Tenancy (Amendmrnt) ACI. 1965 (West Ben. Act XXIX of 1965).
'Subs~i~utcd lor the words "alsomy pcrson conlinuing in posscssion der rhc terminmion
of his tenancy" by s. 3(b), ibid.
'Scclion 3 rvx anurnbered as sub-scc~ion (1) of hx scclion and alter Ihr snid sub-
scaion as SO renumbred. sub-sccdon (2) wxi added by s, 4. ibid.
The West Beltgnl Ptz'tnises Tetlorlc~l Act 1956.
CHAPTER II.
Provisions regarding renL
4. (I) A tenanr shall, subjcct lo he provisions of chis Act, pay to EXC~S ovcr
he landlord:- Iak renr to
lx
(a) in cascs where fair rent has bccn fixed for any premises. such imcover-
rcnt; ablc.
(b) in othcr cnscs, the renl agrccd upon until fair renr is fixed.
(2) Rent shall bc paid wilhin [hc timc fixed by conrracr or in the
abscncc of such con tract, by he fifteenth day of he month ncxl following
the month for which it is payable:
'Providcd that a tcnanr may pay the rcnt payable for any monlh at
any me during such monh berore it falls duc.
(3) Any sum in cxccss of the rent rcicmcd to in sub-scclion (1) shall
not bc recoverable 'by the landlord.
5. Na pcrson shall, in consideration of Lhc grant, renewal or
continuance of a lenancy of any premises.-
(a) claim, demand or receive any sum as premium or claim,
demand or reccivc my considention whauoever, in cash or
in kind in addjrion to he rent; or
(b) except with U-IC preyiaus permission of he Controllcr. claim,
demand or rcccive <he payment of any sum exceeding one
monlh's rent of such premises as rcnt in advance.
Resrricr ion
on claim,
dcmand or
rcccipt of
premium or
olhcr
considen-
tion.
6. (1) No landlord shall makc [he purchase or my furniture in any Rcsuicuon
prcmjscs by any person a condiuon for he gnnt, rcvcwal orconrinuanec gi &zFb
of Ihe renancy of such prcrnises. ~n MY
premises let (2) No person shall publish or cause lo be published in any newspaper ,, , ,,,,,,
or o~henvise any adverusement-
(a) for [he purchase by any pqrson of any furniture; or
(b) for payment of any sum exceeding one monrh's rcnr in
advancecxcepl with the previous pcmission of the Controllcr;
as a condilion for the le~~ing of any premises.
7. (I) Where any sum or olher consideration has been- paid by or Rcfund or
on bchaIf of a tenant to a landlord, in conmavention of any of the ::hiurn, provisions of this Act, thc Conlroller may, on applicalion made to him CIC., not
wilhin a period of six monlhs rrorh the date of such payment, order Lhe ~~~~~lc
landlord to refund such sum or the value of such consideration to the AC~.
tenant or order Ihc adjus~menl of such sum or 'the value of such
consideralion against the rent payabIe by the [enant.
'Thc proviso was ndded by s. 3 01 he Wesr Bcngd Prciniscs Ten~cy- (Second
Amcndrnsn~) Acl, 1969 (West Bcn. Act XXXlV or 1969).
The Wesr Be~rgul Pre~rrises Terrrlcy At;, 1956.
[West Ben. Act
(2) The provisions of sub-section (I ) shall no1 apply lo any casc of
decrcasc of rcnl to which scc~ion 12 applies.
Fair rcnr. 8. (1) "Fair renl" in rclalion LO any prcmises means-
(it) wherc the rcnt of such prcmiscs has been lixed undcr he
Bengal Housc Rcnt Control Order, 1942, or rhc Calculta
Housc Rent Control Ordcr, 1943, or [he Calcurta Rent Bcn, Ord, V
of 1946. Ordinance, 1946, ~hc rcnt so fixcd togcther wilh-
(i) whcrc thc rcnt so fixed is more than Rs. 100 pcr monlh,
10 per cent. of such rcnt, and where the rent so fixed
is not more than Rs. 100 pcr month, 5 per cent. of such
rcnl,
in rhc case of premises used mainly for rcsidcntial purposes
or as a haspiral. nn orphanage, a public library, or an
cducational or charitable institulion, and
(ii) whcrc 1hc rent so fixed is Inore than Rs. 100 per month,
15 per cent, of such rcnt and where the renl so fixed
is nor more than Rs. 100 per monih, I0 per ccnl. of
such rcnl,
in thc case of premises used for purposes other than tllose
mentioned in sub-clause (i) above;
(b) whcrc !he rent of such premises has hccn Lxed under [he
West Bengal Prerniscs Rent Control (Temporary Provisions) \yes1 Ben.
AC~ XVII or Act, 1950L, whclhcr by way ofrevision of ~hcrcnt previously r950.
fixed undcr the Wcst Bengal Prrnliscs Rcnt Conlrol WcstBcn,
(Temporary Provisions) Act, 1948', or not, the rent so fixed; Acr
XXXVI!I of (c) whcrc any proceeding is pending for fixacion of rcnt of such ,94s,
prcmises under hc WCSL Bengal Premises Rcnl Control
(Temporary Provisions) ACL, 1948' or undcr [he West Bengal
Prenliscs Rcn t Conuol Uemporary Provisions) Act, 19501,
the rent fixed undcr !he provisions of thc \Vest Bengal
Premiscs Rcnl Conmol (Temporary Provisions) Acl, 1950';
(d) where such pre~niscs have been conslnrcted and let OUL afler
the con~mencemenr OF this Act, he rcnt caIculared on he
basis of annual payment of an amount equal to 6: pcr ccnt.
per annum of the aggregale amount of the aclual cost of
cons~uction and thc markel pricc of the land on rhc dare of
commcnccment of conslruc~ion, logelher with one-half of
[hc iota1 amounl of the municipd ralcs and taxes payablc
annually in respect of thc premises:
'Tht\Vrsr Bcngal Prcrniscs Rcnr ControI (Temporary Prnvisions)Ac~, 1918 (Wcsr Bcn.
Acr XSXVlll 0T 1948) ws rcpxldlzd by s. 45 of lhc Wcsr Bcngd Prcmiscs Rcnt Coniml
(Tcmpomy Provisions) Act, 1950 (iVcsr Ben. Acr XVll or 1950) and [he lartcr Act ha
bccn ~pcded by his Acl.
The \Vest Be)rgal Prerrlises Te~~atrcy Act, 1956.
Provided that the rent agreed upon belween [he landlord
and the tenant when such premises are firsr let oul shall, for
a period of cigh~ years horn the dare of commencement of
this Act, bc dccmcd to bc the ljir rcnt;
(c) whcrc thc provisions of clause (a) OF cIause (b) or clause (c)
or clause Id) do nbt apply, such renl as would be reasonable
having regard to the simadon, locatily and condition OF rhe
premises and thc amenities provided thereill and where there
are similar or nearly similar premises in the locality, having
rcgard also to rhc rcnt payable in rcspcct or such premises:
Providcd that in fixing such rent the Con~roller shall in
no casc allow an incrcasc of morc than 10 per cent, over he
exisling rcnt, if any, of such prcmiscs.
(2) Where [he fair renr includes the renant's shxc of the municipal
rates and taxes, then, nolwithsranding anything 10 the contrary in any
conuacl or law, thc landlord and not the tenant shall be liabIe to pay the
whole a~nouni or~hc municipal ratcs and raxcs assessed on [he premises.
(3) Wherc any rumilurc is supplied or any fitlings are afIixed by the
landlord for Ihc usc of the tcnnnt, fair rent shall include an addilional
amount cquivnlcnl 10 wn per ccnt, OF [he market value of such furniture
or firtings pi~yablc Ibr one year, the added anlount being payable in equal
monthly or othcr pcriodicill ins~alrnents according ro he terns of the
lenancy.
9. The fair rcnl or any premises shall be liable lo be increased on Incm of
any of [he following grounds and to thc cxtcnt indicaled below-
(a) whcrc thc fair rcnt includes the tenant's share of fie municipal casts.
raw and taxes and there has been an increase in the municipal
rales and taxes, by adding to the renl payable for a year one-
halr of the tola1 amount of such increase in respec1 of such .,
prcmiscs;
(b) wherc the landlord incurs any expenditun: on he inlprovernenl
or suuclural alteration lo thc premises (made with the wriuen
consenr of hc tcnnnt), by adding to the rent payable for a
year 10 per cent. of rhe amount or such expenditure.
10. The Controller shall, on applicauon made to him cithcr by landlord Conlmllcr . .
to lix or . -
or by thc tcnant in the prescribed manncr, fix in rcspcct of any premises- inc- f~
(i) tllc fair rcnt referred lo in seclion 8; rtnt on
application (ii) the increase, if any, referrcd ro in scclion 9. by lmd~ord
or tenan[.
11. (1) Thc lair rent may be rcviscd only ir therc has been an RcvisionoF
increasc or decrease in rhe markct value OF the nremises. lair rcnr.
The West Ber~gaI Preaises Tenatlcy Act, 1956.
[West Ben. Act
(2) Such revision shdl be made on applicalion made to thc Coflvollcr
cifhcr by [he landlord or by he tenant, in [he prescribed manncr:
Provided hat no such application shall bc entertained until ailer the
expiry of a period of fivc years from rhc datc on which renl was lasl
fixed or from the commcnccmcnt of rhjs Act. as he case may be:
Provided furlher thar rn respec[ of any prcrniscs which havc been
consuvcted alter thc comrncnccmcnt of this Act Ihc rent shall no[ be
revised un ti1 nlrcr thc expiry oicighi ycars from the date of comniencement
of [his Act; and whcn is rcviscd after such period [he revised rent shall
not be lcss Ihan thc renl as calcula~ed in accordance with [he provisions
of clause (d) of sub-seclion (I) of section 8.
(3) Thc rcnt of hc premiws payable for a year shall not be increzcd
or decreased by revision by more than 2; per cent, per annum or the
difference between thc market value of the premises on the datc of rhc
applicalion under sub-section (2) and thc datc of he Iast fixation or ~hc
rent or the cornmencemcnl of this ACI, iu thc casc may bc.
\xihen lair 12. When in Fixing the fair rent or any incrcnsc of rent under
rc'''fixcd section 9 or revising thc fair rcnl undcr seclion 11, rhe rent which was rhe
Conuvllcr bcing paid a1 thc time of he applicarion is-
raks erfcct.
(a) dccrcascd by the Conkoller, thc rent so fixed shall be payabIe
from the monlh of lenancy next after the date of applicnuon
and he excess amount paid, if any, shall bc rccovcr~blc
under the order oflhe Controller by inslalmcnts or ohcnvisc;
(b) increased by he Conlroller, Ihe rent so fixed shall be payable
from [he monlh of tenancy nexl afrer the dale of the applicar ion
and the addilional amount payable on account of the incrcasc
up to and including the month of the lenancy immcdiatcly
preceding thc month in which thc order for incrcasc is passed
shall be recoverable by he Iandlord by such instalmenls or
otherwise as rhe Conuoller may order:
Provided \ha[-
(i) so much or rhc incrcasc as is rcferred lo in cIause (a)
of scclion 9 shdI be payable from [he month oftenancy
in whkh the increase in he municipal rates and [axes
came inlo force,
(ii) so much of he increase as is referred to in clause (b)
of the said section shall be payable from [he month of
lenancy next after tha~ in which the improvement or
structural aheralion was campleted.
The \Vest Be~rgal Prerlrises Te~ra~lcy Act, 1956.
CHAPTER LII.
Suits and proceedings for eviction.
13. (1) Nolrvilhstanding anything lo he conlrary in any olher law, Protection
of rcnanr no order or decree for the recovery of possession of any premiscs shall
be made by any Court in favour of he landlord against a [enan[ excepl cvicdon.
on one or more of the following grounds, namely:-
(a) where [he tenam or any persoit residing in [he premises let
to he [enant without the previous consent in wiling of the
landlord ~ransfers, assigns or sub-le\s in whole or in part the
premiscs held by him;
(b) where [he lcnanl or any pcrson raiding in ~hc prcmiscs lct
10 [he tenant has donc any acr contrary to ihc provisions of
clause (m), clause (0) or clause (p) of sec~on I08 of he
Transfer of Properly Acl, 1882;
(c) where [he tenant has been using he premises or any pan
thereof or allowing the premises or any part thereof 10 be
used for immoral or illegal purposes;-
(d) wherc thc man1 or any person residing in [he premises lel
to Ihc tcnant is guilty of any act of wasle or of any negligence
or dcfaul~ rcsulring in materia1 delcrioration of the condition
of thc premiscs;
(e) where he ienanr or any person residing in [he prcmises Iet
to he tenant has becn guilly of conduct which is a nuisancc
or annoyance to neighbours including Ihc landlord;
'(I) subjcct to the provisions of sub-sccrion (3A) and
seclion 18A, where the premises are resonably requircd by
thc landlord for purposes of building or re-building or for
making thercio substmlial additions or alterations, and such
building or rc-building, or additions or allentions, cannol be
carried out wihoul he prcmiscs being vacated;
'(if) ,subjecl to [he, provisions of sub-scction (3A), whcre Ihc
premises are reasonably required by he landlord For his own
occupation iF'he is rhc owner or for [he occupalion of any
person' for whose beneli~ he premises are heId and he
landlord or such person is no! in possession of any reasonably
suirable accommodalion;
(g) where die premises wcrc Icr io [he tenant lor use as residence
by reason of his being in thc scrvice or employmcnt of the
landlord and he tenant has ceased bcforc or altcr coming
into operation of hihis Act ro bc in such service or employmenl;
'Clause (0 and (A) were subsututcd for original clause (0 by s. 4( 1) ot the Wut Btngd
Prcmiscs Tenancy (Second Arnendmcn~) Acr, 1969 (.Wcsl Ben. Act XXXlV of 1969).
The West Bengul Ptenrises Tenatley Ac I, 1956.
[West Ben. Act
(Cliaprer Ill.--Siiirs nrid pmceeditrgs for evictioa. -4ectioa 13.1
(h) where premises let out for rcsidcnljnl purpose havc been
used for any other purpose for morc than four monrhs without
the consent in writing of the landlord;
(i) where the tenant has made a dcfault in Lhc paymcnr of rcni
for two monlhs wilhin a period of twelve monlhs or for two
successive periods in cms where rent is not payable monthly;
u) wherc rhe tenant has given notice to quii, but has failed to
dclivcr vacant possession of he premises ID the landlord in
accordance with such notice;
(k) whcre subsequenr to he creati~n of Ihe tenancy, the renanr
having agreed in writing with the landlord lo dclivcr vacant
possession of the premises to he landlord has failcd to do
so;
'(1) whcre he landlord is a member of the Armed Forces of the
Union of India and requires it for the occupauon of his
family and produces a certificate of the prescribed aulhoriry
referred to in scction 7 of lhe Indian Soldiers (Litigation)
Act, 1925, rha~ hc is scrving undcr special condilions within
the meaning of sccuon 3 of bat Act or is posted in a non-
family arca.
Exp1arrario11.-For he purpose of his clausc-
(1) he certificate of the prescribcd authority shall be
conclusive evidence that the landlord is serving under
spccial condi~ions or is posted in a non-family area,
(2) "family" means paren& and such relations of he
landlord ns ordinarily reside with him and are
dcpcndant on him.
(2) The sub-tenants, if any, referred ta in scction 16 who havc given
notice of [heir sub-tenancies 10 the Iandlord undcr the provisions of that
section shall be made parlies to any suit or procccding Tor the recovery
. 01 possessjpn of the prerniscs by tho landlord:
Provided hat except in cases covered by clause (0 or clause (g) of
sub-secuon (I), no decree or order Ior ejeclment shall be passed against
any such sub-tenant unless any of [he grounds mcntioncd in cIauscs (b)
to (e) and (h) apply to him.
(3) SPVC provided in sub-secdon (2) and sub-section (4), a decree
or order for [he delivery of posscssion of any premises shall be binding
on every sub-tenant.
'Clause (I) was inseded by s. 2 of the West Bcngal Frenuscs Tcnancy (Arnendmenr)
Art 197q fWrrr Rpn Arl YXlV nT 19151
The West Bengal Prenrises Te~ancy Act, 1956.
(Cl~opter III.-Suit attd proceedir~gs for eviction.--Section 13.)
'(3A) Wherc a landlord has acquircd his interes~ in the premises by
;
~ransier, no suit for the recovery of possession of the prcmises on any
of [he grounds mentioned in clause (0 or clausc (ff) of sub-section (1)
shall be inslituted by thc landlord bcforc the expirarion or a period of
three ycars from the date of his acquisition of such inlerest:
Providcd [hat a suit lor the recovery of he possession of he
premises may be instituted on the ground mentioned in clause (f).of
sub-scction (I) before rhe expiration of the said period of lhrec ycars
iF the Controller, on the application of Ihc landlord and after giving the
tenant an opponunily of being hcard, permits, by order, he inslitution
of [he suir on [he ground that the building or re-building, or rhe addiuons
or alterations, as he casc may be. are necessary to make \he premises
safe for human habitation.
(4) Where he landlord rcquircs the premises on any of the grounds
mentioned '[in clausc (0 or clause (ff)] of subsection (I), and [he Courl
is of apinion that such requirement may be substantialIy satisfied by
cjecting the tcnant or a sub-tenant From a part onIy of he premises and
allowing he rcnant or he sub-tenant 10 continue in occupauon of thc
rcst, Ihen, if the tenant or a sub-tcnant agrees to such occupation, the
Court shall pass a decrec accordingly and fix he proportionale rcnt for
the porlion remaining in the occupation of the lenanl or he sub-tenant.
The renl so fixed shall k deemed lo bc thc fair renL for purposes of Lhrs
Act. If he lenant does not agree but asub-tenant agrees to such occupalion,
no decree or order for ejeclmcn~ shaII be passed against such sub-tenant
and such sub-tenam shall become, wilh effecl from hc date of the dccree
or order, a tenanr dircctly holding under Ihc landlord.
(5) Where under sub-section (2) a decree or order for cjectrnent
is passed against a tenant bul not against a sub-tenant, the sub-tenant
shall become, with effecr from !he date of the decree againsr he tenant,
a tenant direclly holding under the landlord in respect of the
premises in his occupadon and hc shall pay such rent as may be fixed
by rhc Court.
The rent so fixed shall bc deemed lo be the fair rent for purposes
of his Act.
(6) Notwilhstanding anything in any olher law for the time being
in forcc, no suit or pracecding for he recovcry of possession of any
premises on any of thc grounds menuoned in subsection (1) except the
-.
'Sub-sec~ion (3A) wz immd by s. 312) orhc West Bengal Premises Tenancy (Second
Arncndrnen~) Act. 1969 (Wcst Em. Acr XXXIV OF 1969).
Tk words, le~ttn and hke& within the squm bmkets were substituted for Ihc
words, lcuer and bnckcts "in clause (n" by s. 33)- ibid,
Kcs!riciio~~
on sub-
Ir~iing.
Tcnanl,not
10 rccclvc
any sum or
considem-
lion for
~linquish-
iilcnr or
rcnancy.
Crcarion
and
tcnuination
uf sub-
te~iancics lo
k notified.
Tile West Bengal Pre~~lises Tenatrcy Act, 1956.
[West Ben. Act
(Cf~uprer III.-S~rits orrd proceedit~gs for evicrio11.-Sectiolzs 14-16.]
grounds mcntioncd in clauses Q) and (k) of that sub-section shall be filcd
by rhc Iandlord unless he has given to the lenant one monlh's nolicc
cxpjring wilh a monlh of he tenancy.
14. (1) After he cornrncncemen~ of his Acl, no tenant shall, without
the previous conscnt in writing of thc landlord,-
(a) sub-lc[ ~hc whole or any pan of the premises held by him
as a Icnanl; or
(b) mnskr or assign his rights in he' tenancy or in any parl
hereof.
(2) No landlord shall claim, demand or receive any premium or other
consideralion wha~soever for giving his consent to [he sub-lefiing of [he
whole or any pad of the pren~ises held by a lenanl.
IS. It shall not be lawful for the tenant or any other person acring
or purporting lo act on behalf of the tenant to claim or reccive any sum
or any consideradon as a condition of the relinquishment of his tcnancy
of any premises.
16. ( 1) Whcrc nr~cr rhc comrncnccmcnl of this ACI. any premises
arc sub-lei cilhcr in whole or in pan by the renant with [he previous
consent in wridng of the landlord, the [enanr and evcry sob-tcnant ro
whom the premises are sub-ler shall give nolice lo rhc landlord in rhc
prescribed manner of [he crealion or the sub-rcnancy wi~hin onc month
from the dare of such suble~ting and shall in thc prescribed manner
nolify the termination of such sub-~enancy wilhin onc month of such
terminalion.
(2) Where before he commencemen1 OF this Acr. ke tenant. with
or with~u t the consem of he landlord, has sub-le~ any premises either
in whole or in part, the tenant and evcry sub-[enant lo whom Ihc prcmises
havc bccn sub-let shdl give nolicc to he landlord of such sub-lelring
in the prescribed manner '[within six mon!hs] of the commencement of
the Act and shall in he prescribed manner nolify the termination of such
sub-tenancy within one month of such terminalion.
(3) Where in any case mentioned in sub-secdon (2) there is no
consent in writing of he landlord and [he landlord denies tha~ he gave
on1 consent, the Conlroller shall, on an applicalion made to him in [his
behalf either by he landlord or the sub-tenant wilhin two monrhs of the
dare of !he receip~ of il~e nouce of sub-letung by he landlord or the issue
'These words were subs~iturcd with rc~mspcciivc cffcct for the words 'kihin he
monrhs" by s. 7 of the West Bcngal Pfcn~ises Tenancy (Amcndmcnr) Act, 1956
l\\'+~t Rrmn 4r1 XVIIT nT 19Fhl
Tlre West Betrgal Pretsises Teearlcy Act, 1956.
XII of 1956.1
(Clrrrpter. !I!.-Srrirs and proceedirrgs for e cictiolr.-Scctio~i 17.)
, 01 rhc nolice by the suh-renanr, as [be case may be, by order declare that
the tcnanl's intcrcsl in so much of ihc prcmiscs as has bcen sub-kt shall
cease and lhar [he sub-tenant shall become a lenant direclly under [he
landlord from thc dalc of thc ordcr. Thc Conlrollcr shall also fix thc rcnls
payable by the lenanr and such sub-~enanr to the landlord froin the dale
of thc ordcr. Rcnts so lixcd shall be deemed to be fair rcnt for purposes
of this Act.
17. (1) On a suil or procecding being instiluted by the landlord on when,
any of thc grounds referred lo in secrion 13, [he renant '[shall, subject lenmlcan
ECI rhc to Ihc provisions of sub.scction (2). wilhin one monrh] or rhc scrvicc knclil
of [he writ of summons on him, =[or where he appears in lhe suir or pro~ccrion
proceeding wilhout [he wril of summons bcing scrvcd on him, within :F${!~, onc monlh of his nppcarnncej -'[deposit in Court or with the Conuoller
or pay ro [he landlord] an amount calculated at he rale of rent at which
it was lasr paid, for ~hc pcriod for which the tenant may havc made
default including [he period subsequent chcrclo up to thc cnd of !he
monrh prcvious to that in which the deposil or payment is made
together with interest on sucll amount calculared a1 he rate of eigh~
and one-third pcr ccnr. pcr annum from thc date whcn any such amounl
was payable up ro [he date of deposit, and shall [hereafter continue to
deposit or pay, monlh by monrh, by [he 15th of each succccding month
a sum equivalent to the renr at that rate.
4(2) If in any suit or procccJing rcrcrrcd to in sub-section (I) hcrc
is any disputc as lo the amount of rent payable by he renant, the tenant
shall, within the dme specified in sub-scclion (I), dcposir in coun he
amounr admiltcd by him ro bc duc from him togcther with an applicadon
lo thc court Tor dctcrminalion of [he renL payable. No such deposit shall
be accepted unless it is accompanied by an application for determination
or thc rent payable. On recejpr of such applicarion, the court shall-
(a) having regard In the rate at which rent was last paid, and the
period for which default may have hen enmade, by [he [enan!,
make, as soon as possible within a period not exceeding one
year, a preliminary ordcr, pending iinal decision of thc dispurc,
specifying thc amount, iF any, due From the tenant and
lhcreupon the [enant shall, within one monlh of [he date of
such preliminary ordcr, deposit in coun or pay to the landlord
the amounr so specified in rhc preliminary ordcr; and
'Thcsc words. tigun: and bnckcls were subsiiruicd for rhc words "shall. within one
lnonih" by s. 31) or thc WcsI Bcngal Przrniscs Tcnancy (Arncndlnenl) Aci. 1959 (IVesr
Bcn. Aci XXVll ol 1959).
:Inrncd by s. 51a) or Ihc \Vest Elcngal Prerniscs Tcnmcy (Amcndmcn~) Aci. 1g65
O\'CSI Ben. Acr XXIX OF 1965).
%ubs!i~u~cd with ~rru>wcrive rIlccr lor 11ic words "dcoosii in Court or oav to ihc
Im~dlwd" by s Slb) or (hc ksr Benpal Premix, Tenancy (irnendmenr) Act, 1'965 (West
Ben. Acr XXIX or 1965)
'Sub-section (1) IV= subsiiiuicd lor rhc original sub-scc~~on by s. 2(1) of the West
Rrnn.~l Prrn~icr.~ Tnn?nr\. f hmrnrlmml~ Arr ltlqn I\\'-rr Rmn Arr YYVll nT lncnl
T11e \Vest Bellgal Pi'errtises Terta~rcy Act, 1956.
1 Wcsi Ben. Act
(Cl~aprer II1.-S~rits ar~d ptnceedirrgs for evic~iotr.-Sectiorr 17.)
(b) having regard to the provisions or [his Act, makc, as saon
afer the preliminary order as possible, n final ordcr
determining thc ralc of rcnt and rhc amount to be deposited
in court or paid to the landlord and either fixing the time
wihn which the amount shall bc deposited or paid or, as
the case may bc. dirccling lhal hc amount already deposited
or p~d be adjuslcd in such manncr and within such time as
may bc spccificd in thc ordcr.
'(2A) Notwirhstanding anything conlaincd in sub-section (I) orsub-
section (21, on rhe applicalion of [he lenanl, the Court may, by order,-
(a) exlend the lime specified in sub-section (1) or sub-
section (2) for the deposit or paymenr of any amount rcferrcd
to herein;
(h) having regard t 1112 circun~stances of rhc tenant as also of
t hc landlord and thc total sum inclusive of inlcrest required
to bc dcpositcd or paid under sub-scction (1) on accounl of
dcfaulr in hc payment of rent,
permit the tcnant ro deposil or pay such sun1 in such instalmenu and
by such dales as the Court may fix:
Provided hat wherc paymcnt is pcrmirred by inslalmenrs such sum
shaIl include all amounrs caIcularcd a1 the ratc of rcnt for ~e period or
dcfaull including thc period subscqucnt ll~ercto up to the end oi the
rnonrh previous lo lhal in which he order under this sub-section is to
be made wilh inleresr on any such arnounl caIculated aL thc rotc spcciGed
in sub-section (1) from the datc whcn such amouni was payable up to
thc dare of such order.
'(20) NO applicadon for cxlcnsion of ~imc for he deposii or payment
of any amount undcr clausc (a) of sub-secuon (2A) shall be entertained
unlcss it is madc bcforc thc cxpiry of he limc specified therefor in sub-
seclion (1) or sub-secrion (2), and no applicalion for permission la p~y
in instalmcni under clause (b) of sub-seclion (2A) shall be. enterlaincd
unless it is made before [he expiry of the lime specified in sub-secdon
(1) for the deposit or payment of the amount duc on accounl of default
in thc paymcnl of rcnt.
'(3) If a lcnant fails to dcposii or pay any amount referred to in
sub-secuon (1) or sub-sec~ion (2) wilhun the time specified therein or
within such extended time as may be allowed under clause (a) of sub-
section (2A), or fails to deposi~ or pay any inslalment pcrmilted under
clause (b) of sub-scclion (2A) wilhin [he lime fixed herefor, the Court
shall order the dcfcncc ngainsi dclivcry of possession lo be struck out
and shall proceed with the hearing of the suit.
'Sub-sections (2A) and (28) were inscned by s. 31) OF he 1Ves~ Bengd Prernisu
Tenancy (Amendment) Act. 1969 (WSI Bcn. Act XXX or 1969).
'Sub-scc~ion (2) wu subsli~utcd lor hc original sub-scc~ion by 2. 32). ibid.
(Chapter !I!.-S~rits and pmcctditlgs for cvicrio~l.-
Sectio!~ 17A.)
(4) IT a tenant makes deposit or paymenl as required by sub-
? scclion (I) '[sub-sccdon (2) or sub-scction (ZA)], no decree or order
Tor delivery of posscssion of the premises to hc landlord on thc ground
of default in payment of renl by lhc tcnanl shall bc madc by [he
Court bul rhc Court may allow such costs as it may dccm lil to he
landlord:
?Provided that a renant shall no1 be entitled to any rclief undcr [his
sub-seclion iF, having obtaincd such relief oncc in rrspzc~of he premiscs,
he has again madc dcrault in [he paymen1 oircnt for four nlonths willlin
a period of rwclve nionlhs.
-'17A. ( I) Where in a suir pcnding at the darc of commencemen1 of Powcr of
Coun to sel
Prcsidr.n~'s he Wesl Bengal Prcmiscs Tenancy (Amendmcnl) Acl, 1968, the defcncc a5jdeordtr
ACI 4 or againsl delivery or posscssion was srruck out by an order madc undcr 51riLing our
1968. dclcncc
sub-scc tion (3) of section 17 bcforc such dale, the lcnanr may, within =gins[
u pcriod of thirty days from such dsto, rndc an application lo Lhe Coun ~~~~~'~~
which madc such order to set asidc such order.
(2) On receipt of an application under sub-seclion (I), the Coufl
shall dc~cnninc, aflzr giving credit for cvcry deposir or pay men1 made
by lhe lenant in accordancc wilh the provisions or sub-seclion (1) or
sub-section (2) orscclion 17, [he total amouni wllich rhc tenant remained
liable 10 dcposit or pay in accordancc with such provisions up to he
end or he monlh prcvious to thal in which thc order under this sub-
seclion is to bc made and direct he tenanr, by order, lo deposit such
amount in thc Courl wirhin a period of thidy days from [he date OF thc
order.
(3) IF !he tcnanl dcposi~s such amounl within such lime, the Courl
shall idlow the.applicalion under sub-scctian ( L) and set aside thc order
made under sub-sec~ion (3) of scaion 17 suihng ou~ the dercncc against
delivery of posscssion, and pcrrni~ the tenant to derend thc claim for
dclivcry or posscssion.
(3) If Ihc !cnani fails to deposit such amounl within such time, his
application undcr sub-seclion (I) shall be dismissed with such costs as
the Court may award lo the landlord.
'The tords, bmkch, figures md lelcer wirhin thc squarc bnckcts wrw subs~iturcd
for the words, bnckers md figure "or sub-scc~ion (2)" by s. 2[3)(a) of the \Vest Bcngd
Prrmisrs Tm:mcy (A~ncndri~en~) ACI, 1969 (Wcsr Ben. Acr XXX of 1969).
'Thc proviso was substi~utcd by s. 1(3)(b), ilrid.
'Scc~ions 17A to 17C wcre subslituted Tor thc original sc~rion 17A by s. 3, ibid. Rior
lo his subsrirutian. orginal section 17A was inscncd by s. 6 OF the \Vesr Bengd Prcniiscs
Tenancy (Amtndmcnl) Act, 1965 (Wcs~ Bcn. hc~ XXIX of 1965).
Powrr or
CLJ* to ~cI
asidi dccrcc
in cases
whcrc
dcfencc
agiiinst
dclivcly or
possrssioo
smck out.
T/I e CVesr Berrgal Prettlises Tcr mncy Act, 1956.
[West Den. Act
(Cf~oprer Ill.--S~rils arrd proceedi~~gs for eviction.-Section 17B.j
'17B. (1) Where a dccrcc for lhc rccovery of possession of any
premises was passed before the cornrnencemenr of rhc Wcst Bengal k-~sidcnr's
Acl4 or Premises Tenancy (ArncndmcnL) Acl. 1968, in a suit in which the defence ,966,
against delivery of possession was suuck OUL by an order under sub-
section (3) of sccrion 17, bul tile possession of such premises has no1
been recovered horn uie tenan( by thc cxcculion of such decree, the
tenant rilay, wi~bin a pcriod of sixty days of such commencement, make
an applicarion 10 rhc Court which passed such decrcc 10 scr asidc such
decree.
I3plartnrioa.-Where such decree has been passed in the exercise
of appellate jurisdiction, an application undcr this sub-section shall bc
madc ro thc Coun of Lrsl instance.
(2) All proceedings in execuuon oi such dccrcc shall remain stayed
during thc pcriod rc~cmcd to in sub-seclion (1) and, where an applicarion
under that su b-section has been madc by rhc tcnonr within such period,
until such application is disposed of by the Coun.
(3) On receipt of an applicar ion under sub-secuon (1) the Coun shat l
causc a noticc rhcrcoilo be served on the landlord and ahcr hcaring such
cvidence as the parties may adduce, detcrminc-
(a) hc total amoExcerpt shown. Open the full act in Lexace.