An Act to consolidate the laws relating to tenancy of premises in the State of West Bengal and to provide for matters connected therewith or incidental thereto.
CHAPTER I
Preliminary
1. Short title, extent, commencement and application.
a. This Act may be called the West Bengal Premises Tenancy Act, 1997.
b. It extends to the whole of the State of West Bengal.
c. It shall come into force on and from such date as the State Government may, by notification in the Calcutta Gazette, appoint.
d. It shall not apply to the tenants of -
(i) a hotel, inn, boarding house, lodging house or sarai; or
(ii) a cinema, theatre, club or other place of public amusement; or
(iii) a shop, office, godown or other place of business which is owned by the Government or any local authority or any Corporation or body established by or under any law for the time being in force.
2. Definitions.
In this Act, unless the context otherwise requires -
a. "Controller" means the Controller of Premises appointed by the State Government under section 5;
b. "Court" means the Court of Civil Judge (Junior Division), having jurisdiction in the area in which the premises in question is situate, and includes the High Court exercising appellate jurisdiction;
c. "Landlord" means the person for the time being entitled to receive rent in respect of any premises, and includes a person who is deemed to be a landlord under the provisions of this Act;
d. "Notice" means a notice in writing;
e. "Occupier" means a person in actual occupation of any premises, and includes a tenant, sub-tenant, licensee, permitted occupant, or any other person who is in lawful possession of any premises;
f. "Owner" means the person for the time being entitled to the rents and profits of the premises, whether he or she is in actual possession thereof or not, and includes a mortgagee in possession, or a receiver duly appointed by any Court;
g. "Premises" means any building or part of a building, whether in itself a single unit or not, used or occupied or capable of being used or occupied for residential purposes, and includes any land appurtenant thereto or any garden, yard, court-yard, or car-parking space situate within the compound of the building, but shall not include any room in any hotel, inn, boarding house, lodging house or sarai, or a cinema, theatre, club or other place of public amusement;
h. "Prescribed" means prescribed by rules made under this Act;
i. "Suit" includes a proceeding;
j. "Tenant" or "Sub-tenant" means a person who holds or is in possession of any premises under a tenancy or sub-tenancy, and includes any person who is deemed to be a tenant or sub-tenant under the provisions of this Act;
k. "Term of tenancy" means the period for which the tenancy is created, whether by agreement or by operation of law, or by statutory implication, and includes all renewals thereof.
CHAPTER II
Appointment and Functions of Controller and Additional Powers
3. Appointment of Controller and Additional Controllers.
a. The State Government shall appoint a Controller of Premises and may also appoint such number of Additional Controllers as it thinks fit.
b. The Controller and the Additional Controllers shall hold office for a period of three years from the date of their appointment, and they shall be eligible for reappointment.
c. The Controller and the Additional Controllers shall be appointed from among persons who have held or are holding the post of District and Sessions Judge or who are qualified to be appointed as District and Sessions Judges.
4. Functions of Controller/ Additional Controllers.
The Controller and the Additional Controllers shall perform such functions as may be assigned to them by the State Government.
5. Additional powers of Controller/ Additional Controllers.
The Controller and the Additional Controllers shall have all the powers of a Civil Court.
6. Appeals from orders of the Controller/ Additional Controllers.
a. Any person aggrieved by an order of the Controller or an Additional Controller may appeal to the High Court within thirty days from the date of the order.
b. The High Court may, on appeal, confirm, modify or set aside the order of the Controller or the Additional Controller, and may pass such other order as it deems fit.
CHAPTER III
Landlords and Tenants
7. Rights and liabilities of landlords and tenants.
a. A landlord shall not let any premises or part thereof for residential purposes unless he has obtained a certificate from the Controller that the premises are fit for human habitation.
b. A tenant shall not occupy any premises or part thereof for residential purposes unless he has obtained a certificate from the Controller that the premises are fit for human habitation.
c. A landlord shall be responsible for the maintenance of the premises in a fit condition for human habitation.
d. A tenant shall be liable to pay rent for the premises in accordance with the terms of his tenancy.
e. A landlord shall not increase the rent of any premises without the permission of the Controller.
f. A tenant shall not sub-let any premises or part thereof without the permission of the landlord.
g. A landlord shall not evict a tenant from any premises except in accordance with the provisions of this Act.
h. A tenant shall not refuse to vacate the premises after the termination of his tenancy except in accordance with the provisions of this Act.
8. Rent Control.
a. The Controller shall fix the ceiling rent for any premises.
b. The ceiling rent shall be the rent payable for the premises on the date of the commencement of this Act.
c. The Controller may revise the ceiling rent of any premises from time to time.
d. A landlord shall not charge rent for any premises in excess of the ceiling rent.
CHAPTER IV
Termination of Tenancy
9. Grounds for termination of tenancy.
a. A landlord may terminate a tenancy if the tenant has failed to pay the rent for the premises for a period of two months or more.
b. A landlord may terminate a tenancy if the tenant has committed waste, misuse or nuisance in the premises.
c. A landlord may terminate a tenancy if the tenant has sub-let the premises or any part thereof without the permission of the landlord.
d. A landlord may terminate a tenancy if the premises are required by the landlord for his or her own occupation or for the occupation of any member of his or her family.
e. A landlord may terminate a tenancy if the premises are required for demolition or reconstruction.
f. A landlord may terminate a tenancy if the premises are required for any public purpose.
10. Procedure for termination of tenancy.
a. A landlord who wishes to terminate a tenancy shall file an application with the Controller.
b. The application shall state the grounds on which the landlord wishes to terminate the tenancy.
c. The Controller shall hear the landlord and the tenant and shall decide whether or not to terminate the tenancy.
d. If the Controller decides to terminate the tenancy, the tenant shall be given a reasonable time to vacate the premises.
CHAPTER V
Penalties
11. Penalties.
Any person who contravenes any of the provisions of this Act shall be liable to a fine not exceeding fifty thousand rupees, and in case of a continuing offence, to a fine not exceeding one thousand rupees for every day during which the offence continues.
CHAPTER VI
Miscellaneous
12. Rules and regulations.
The State Government may make rules and regulations for carrying out the provisions of this Act.
13. Jurisdiction of courts.
No court other than the Court referred to in clause b of section 2 shall entertain any suit or proceeding against the Controller or the State Government in respect of any matter arising out of this Act.
14. Repeals.
The Bengal Premises Tenancy Act, 1956 is hereby repealed.
