The West Bengal Premises Rent Control ( Temporary Provisions ) Act, 1950
west-bengal · 1950
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- S. 1The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, will come into force on a date appointed by the State Government.
- S. 2In this Act, unless there is anything repugnant in Definitions
- S. 3Section 3 prohibits sub-letting without landlord and superior tenant consent, and details conditions for sub-lessee becoming direct tenant.
- S. 4Section 4 prohibits landlords from demanding additional rent, premiums, or fines beyond the agreed monthly rent without Controller's consent.
- S. 5Section 5 exempts long-term leases entered after December 1, 1941, from rent control provisions.
- S. 6Section 6 prohibits landlords from making furniture purchase or hiring a tenancy condition and restricts selling or hiring furniture to tenants without a reasonable permit.
- S. 7Section 7 allows the Controller to order landlords to refund or adjust sums paid by tenants that are prohibited or irrecoverable under the Act.
- S. 8Section 8 allows the Controller to reduce rent for furniture included in tenancy if deemed excessively high.
- S. 9Section 9 sets conditions under which the Controller can adjust standard rent based on tax increases, landlord improvements, or other specified factors.
- S. 10Section 10 specifies the effective date for standard rent adjustments under the West Bengal Premises Rent Control Act, 1950.
- S. 11Section 11 prohibits landlords from raising rent without tenant agreement or section 9 rate adjustment.
- S. 12Section 12 prevents landlords from evicting tenants except in specific cases like subletting major portions or transferring tenancy rights.
- S. 13Sub-lease not to be binding in certain cases
- S. 14Section 14 allows landlords to recover rent and costs in court if tenants fail to pay, with a set payment date or risk eviction.
- S. 15Section 15 allows tenants to reclaim possession or receive compensation if landlords fail to rebuild or occupy premises within specified periods after vacating.
- S. 16Section 16 specifies that landlord suits for possession under this Act must be filed in designated courts listed in Schedule B.
- S. 17Section 17 of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, makes rent exceeding the standard rent irrecoverable and mandates the refixation of standard rent.
- S. 18Section 18 allows tenants to apply to vacate a possession decree if they pay overdue rent, interest, and costs within specified timeframes.
- S. 19Section 19 allows tenants to deposit rent with the Controller if the landlord refuses it, detailing the process and required documentation.
- S. 20Section 20 specifies conditions for valid rent deposits under the West Bengal Premises Rent Control Act, 1950.
- S. 21Section 21 clarifies that rent payments deposited under Section 19 do not admit correctness of rent rate or waive notices to quit.
- S. 22Section 22 sets fair rates and specifies lodger limits for hotel or lodging house services.
- S. 23The Controller may from time to time revise the fair rate or the number of lodgers fixed under section 22
- S. 24Section 24 mandates hotel managers or lodging house owners to display fair rate and fixed lodger numbers notices.
- S. 25Section 25 invalidates any rent agreement exceeding the fair rate specified in section 22.
- S. 26Section 26 protects hotel managers and lodging house owners from evicting lodgers who pay fair rent and meet agreement terms.
- S. 27Section 27 penalizes hotel managers or lodging house owners for exceeding occupancy limits or failing to display required notices.
- S. 28Section 28 appoints the Controller and Additional/Deputy Controllers for rent control areas and outlines their powers and functions.
- S. 29Section 29 mandates timely hearings for rent control applications, with specific timelines and cost considerations by the Controller.
- S. 30Section 30 mandates the Controller to notify landlords and tenants before exercising powers under the Act, except for specific sections.
- S. 31Section 31 grants the Controller powers to inspect premises and compel document production for rent control inquiries.
- S. 32Appeal and Review
- S. 33(1) Who*
- S. 34Section 34 penalizes willful interference with premises' easements or supplies without Controller's consent, imposing fines up to 1,000 rupees.
- S. 35Section 35 mandates fines or ordered payments under the Act to be made within 30 days or a longer period allowed by the Controller.
- S. 36Section 36 limits complaints under sections 33 and 34 to six months from the act's commission.
- S. 37Issue of distress warrants and other processes barred in certain cases
- S. 38Section 38 allows tenants to request the Controller to compel landlords to make repairs or maintain services, and to authorize tenants to do so themselves if landlords fail.
- S. 39Section 39 allows tenants to make urgent repairs or take necessary measures if landlord fails, and recover costs from rent.
- S. 40Section 40 penalizes accepting additional rent or fines beyond lawful rent under the Act with imprisonment and fines.
- S. 41Section 41 prohibits landlords from cutting off essential supplies or services to tenants without just cause, with penalties for violations.
- S. 42Section 42 allows tenants to apply for electricity supply from a licensee, with Controller's approval overriding landlord's consent.
- S. 43Any person affected by any order of the Controller supply of made under thil
- S. 44Section 44 designates the Controller as a public servant under the Indian Penal Code.
- S. 45The West Bengal Premises Rent Control (Temporary west Ben
- S. 46No suit, prosecution or other legal proceeding shall lie against any officer of Government for anything in
- S. 47Section 47 empowers the State Government to create rules for implementing the West Bengal Premises Rent Control Act, 1950.
- S. 1882Act, 1882
- S. 1898IX of 1910
- S. 1908CHAPTER VII
- S. 1913The West Bengal Premises Rent Control 21 (Temporary Provisions) Act, 1950
- S. 1923Section defines key terms like "Controller," "hotel or lodging house," "landlord," and "premises" for the West Bengal Premises Rent Control Act, 1950.
- S. 1932Section allows the State Government to extend the Act to other areas and specifies its temporary duration until March 1953.
- S. 1946The West Bengal Premises Rent Control 25 (Temporary Provisions) Act, 1950