Amendment status not verified — confirm the current text below against the official source.
The West Bengal Premises Rent Control 25 (Temporary Provisions) Act, 1950. xvii of 1950.] (Schedule A.) SCHEDULE A. [See section 2(10).] Provisions for determining the standard rent of premises. (1) In this schedule "basic rent" in relation to any premises means— (a) where the rent of any premises has been fixed by the Controller under the Bengal House Rent Control Order, 1942, or the Calcutta House Rent Control Order, 1943, or the Calcutta Rent Ordinance, 1946, the rent so fixed ; (b) where the rent of the premises has not been so fixed the rent which was payable for the premises on the 1st day of December, 1941, or if any increased rent was paid for the premises between that date and. the coming into operation of this Act, the, increased rent, which was last paid but so as not to exceed the rent pay- able on the 1st day of December, 1941 by more than ten per centum, in case of premises within Calcutta and twenty per centum in ease of other premises. (2) Where the premises are used for residential purposes, or mainly for residential purposes, the standard rent shall be— (a) the basic rent, if a period of three years has not elapsed after the time when rent was fixed as mentioned in paragraph (1) (a), or the increased rent as mentioned in paragraph (1) (b) was first paid ; (b) when the said period of three years relevant to the case has elapsed or elapses the basic rent increased by five per centum, if the basic rent per mensem is not more than Rs. 100, and the basic rent increased by ten per centum, if the basic rent is more than Rs. 100 : Provided that where the basic rent is the rent payable on the 1st day of December, 1941, the standard rent shall be the basic rent increased by ten per centum. Explanation.—In this paragraph and in the next succeeding paragraph of this schedule, the expression "residential purposes" includes purposes of being used as a hospital, an orphanage, a public library, or an educational or charitable institution. (3) Where the premises are used or mainly used otherwise than for residential purposes, the standard rent shall be— (a) the basic rent, if a period of three years has not elapsed after the time when rent was fixed as mentioned in paragraph (1) (a), or the increased rent as mentioned in paragraph (1) (b) was first paid ; (b) when the said period of three years relevant to the case has elapsed or elapses or where such period is not relevant the basic rent increased by ten per centum, if the basic rent per mensem is not more than Rs. 100, and the basic rent increased by fifteen per centum, if the basic rent per mensem is more than Rs. 100. (4) Where any premises have been sub-let the standard rent of the sub- tenants shall not exceed by six and a quarter per centum the standard rent or a proportionate part thereof which may be taken as reasonably payable by 96 The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. [West Ben. Act XVII 01950.1 (Schedule B.) the tenant who sub-lets the premises according as the premises are sub-let in whole or in part and where because of the proviso to section 3 the tenant has no standard rent under this Act the excess mentioned above shall be with reference to the rent payable by the tenant : Provided that if the tenant supplies for use of the sub-tenant in the premises any furniture at tenant's own cost, to the standard rent - as deter- mined above payable in one year shall be added ten per centum of the price of the said furniture as on the day of commencement of the sub-tenancy, the instalments of payment of rent being divided as may be just and convenient. SCHEDULE B. (See section 16.) (1) Where the premises are situate on land, wholly within the Ordinary Original Civil Jurisdiction of the Calcutta High Court :— (i) When the rent payable for one month for the premises exceeds Rs. 500— The Calcutta High Court, (ii) In all other cases— The Chief Judge of the Calcutta Court of Small Causes, who shall entertain and try the suit as a Court of the District Judge under the Bengal, Agra and Assam Civil Courts Act, 1887: xiI Provided that he shall be entitled to transfer the suit for trial to any is s7 7. other Judge of the Calcutta Court of Small Causes, who shall try it as a Court of the Subordinate Judge under the Bengal, Agra and Assam Civil Courts Act, 1887. (2) Where the premises are situate on land, wholly or partly outside the Ordinary Original Civil Jurisdiction of the Calcutta High Court— The Court other than the Calcutta High Court, which would have had jurisdiction to try the suit if This Act were not passed. WBGP-5011-5001A-3M