Amendment status not verified — confirm the current text below against the official source.
(1) Where the landlord does not accept any rent Deposit of tendered by the tenant, or the tenant experiences difficulty rent by in paying the rent to the landlord of the premises, he may the tenant. deposit such rent with the Controller in the prescribed manner. (2) The deposit shall be accompanied by an application supported by an affidavit, from the tenant stating (a) the premises for which the rent is deposited, with description sufficient for identifying the premises, (b) the period for which the rent is deposited, .(c) the name and address of the landlord, and (d) the reasons and circumstances_ which led hi'm to deposit the rent : Provided that no affidavit in support of an application shall be required in case of a deposit made subsequent to the first deposit if the reasons and circumstances which led the tenant to make the first deposit remain the same. (3) The application shall be accompanied by a correct copy of the application and the prescribed fee for sending to the landlord, or to person or persons mentioned• in sub- section (4), the notice of the deposit, accompanied by a copy of the application by registered post with acknowledgment due. (4) When the reason for making the deposit is doubt as to the person of persons entitled to receive the rent, the tenant shall state 1n his application, if possible, the name and address of the person or persons who, to his best infor- mation and belief, is the landlord entitled . to receive the rent, and in case there are more such persons than one the application shall be accompanied by as many copies as there are such persons. (5) The Controller, on receipt of the deposit, the pre- scribed fee, the application and its copy or copies, shall, within fifteen days of such receipt, send to the landlord or to the person or teach of the persons referred to in sub-section (4), if any such person or persons have been named with address in the application, a notice of the deposit in the prescribed manner, as also a copy of the application, authen- ticated by the seal of his office and his signature or the signature of some person authorised by him, by registered post with acknowledgment due. A copy so authenticated shall be evidence in court of law without further proof of the contents of the original application made to the Controller. 14 The West Bengal Promises Rent Control (Temporary Provisions) Act, 1950. Time-limit for making deposit and conse- quence of incorrect particukrs in applica- tion for deposit. [West Ben. Act (Chapter 1V.—Deposit of rent.—Section 20.) (6) If the landlord named in the application asks by a petition for payment to him of the rent deposited, the Con- troller, on being satisfied that the landlord named in the application is the petitioner, shall pay the amount to him in the prescribed manner. (7) If the person or persons named in the application according to sub-section (4), asks or ask by a petition for payment to him or to them of the rent deposited, stating that he or they is or are the landlord or landlords entitled to receive the rent, or asking for payment to them keeping open the question of disputed landlordship, or agreeing that some one or more amongst them should receive payment, the Controller on being satisfied that the person or persons named in the application is or are the petitioner or petitioners shall pay the amount to him or them in the prescribed manner. (8) If the amount of rent deposited is not withdrawn by the landlord or person or persons mentioned in sub-section (4), before the expiration of five years from the date of posting of notice of the deposit, it shall, subject to any order of any court, be forfeited to Government. (9) If.* the time of filing the petition mentioned in sub-section (6) or (7), but not after the expiry of thirty days from receiving the notice of deposit, the landlord or the person or persons mentioned in sub-section (4), complain to the Controller that the statements in the tenant's application of the reasons and circumstances which led him to deposit the rent are untrue, the Controller, after giving the tenant opportunity of being heard, may levy a fine on him which may extend to five hundred rupees if he is satisfied that the said statements were materially untrue an that there was no difficulty in paying the rent direct to.'the landlord as alleged in his application for deposit- ing,th.e rent, and may order that a sum out of the fine realised be paid to the landlord as compensation. But if on hearing the matter the Controller is satisfied that the said statements were substantially correct and there was difficulty in the way of the tenant paying• the rent direct to the landlord as alleged in the tenant's application, he may levy a fine on the complainant which may extend to five hundred rupees, and may order that a sum out of the fine realised be paid to the tenant as compensation. Explanation.—If after such complaint the complainant does not desire or neglects to proceed with the hearing of his complaint, the matter may be heard and order made at the instance of the tenant.