Amendment status not verified — confirm the current text below against the official source.
(4) The Chief Judge of the Couri of Small Causcs OF Calcurla may transfer an appcal 10 any other Judgc of that Courl and o Dislrict Judgc may lransfer an appcal ro an Addirional Dislrict Judge or a Subordinate Judgc of h a t djsrrict. The Chief Judgc of he Coun of Small Causcs of Catcuua or n Distrjcr Judge may wilhdmrv an appcal wdnsferred by him under the provisions of tliis sub-section. (5) A Controller or an Appellate O f f ~ e r shall in dealing with proceedings under this Act be deemed to be a Courl ror the exercisc or powers undzr scclion 151 or section 152 or Order XLVII of the Codc of' Civil Procedure, 1908. (6) The provisions of thc Code of Civil Procedure, 1908, shall apply to a11 sui~s and proceedings referred to in seclion 20 cxcept suiu or proceedings whjch lic to [he High Court. 'CHAPTER VIA. Summary trial of certain applications. '29A. The provisions of [his Chap~er or any rulemade thereunder Provisions shall have cffcct nolwihs~~!nding mything in consist en^ lhercwiUl contained to clscwhere in this Acr or in any other law for the time bcing in force. have ovcmding efleci. 'Chap~cr V IAconsis~ing orscction29Aand 29R war insened by s. 3 of lhe Wesr Bcngd Pre~niscs Tcnancy (Xmfndn~eni) Act. 1976 wesl Ben. Acr LII of 1976). Spccial pr&durc Tor disposal oi~pplica 1ion.c for tvictiol~ on [he ground bo~lnfidc wquiremenr. T11c Iesr Be~zgul Prerrrises Te~rutrcj Act. 1956. [West Ben. Act '2913. ( I ) No Civil COUII shall cnrcrtain any applicalion by a landlord being a Governmcni crnployee, and who being in occupation of any residential premiscs alloued LO him by his employer, is requircd by, or in pursuance of, an ordcr made by such cmployer LO vacalc such rcsidenlial accommodation, or in default, to incur cefiain obligalions on thc ground rhnt he owns n residential accommodation cilhcr in his own namc or in r hc name of his wiCc or dependen( child at or near the place whcre he is poslrd for the limc being, '[or by n landlord who has reBred. or ivill r c ~ i r e within a period of less than one year, as n rncrnber of thc naval. nulitary or air force of rhe Union of India, or by a landlord who is parent or thc wife or such member of hc naval. m i l i t q or air force of thc Union of India, ar by a landlord who is a relalion (olher lhan a minor child or lhe widow) and a depcndanl of a mernhr of the naval, rniliriuy or air force or the Union of India and ordinarily resides with him or a minor child or lhe widow of such member who dies while in sewicc or wirhin five ycm ofretiremenr,] for [he recovery ~Tpossession of any premises on thc ground specified in clause (fr) of sub-secrion (1) 01 sccli~n 13 bul such application shall bc dealt with by the Con~rollcr in accordance wi~h the pracedurc specified irt this sccrion. (2) Whenevcr any application i s filed before the-Con~roller by a landlord referred lo in sub-section (1) for h e recovcry of possession of any premises on thc ground spccificd in clause (CQ of sub-section (1) of section 13, Ihc Con~rollcr shall issue summons, in [he form spccificd in the Second Scl~cdule: (a) where !hc landlord has redrcd, or will redrc within a period of less than onc year, as a mcrnbcr of the naval, military or air Forcc of h c Union OF India, a cenificatc by the Arca or 'Tha words "or by a lvldlord who is 3 rcrired mc~nbcr of thc naval, ~~iilitary or six lor= of Union or lndiaor will rclirc within aprricd oilcss 1hx1 one year as such rncrnber," *r*crr. firs1 inscncd by s. ?(a) olrhc \Vur Bcngal Prcrnisrs Tcnilnuy (An~cndrnenr) Acr. 1975 OVc~cst Bcn. Act XXXVI or 1978). Thc~alrer, the words rviihin lk s q u m bnckcrs wcrr subsrirurrd lor rhc abovc inscncd words by s. 2{a) of !hc Wesi Bengat Prcmiscs Tenmy (Alncndn~cnl) Act. 1979 (\Vesl Bcn. Acr XLI of 1979). 'A prnviso (vi~h an 'Erplrtr~nrir~rt' was firs1 added to scciion 2YH by s. Z(b) of ihc lVr.51 Bcngnl Picn~ises Tenancy [Amcndrncot) Acl. 1978 (IVcsr Dcn. Act X X W I of 1978). Tkrcaf~cr, thc prcscnr proviso was substituted lor rhc previom proviso by s. 2(b) of rhe Wzsl Uenpl Prerni,cs Tcnancy (Amendmnl) Aci. 1979 (West Ben. Acr XLI or 1919). Then thc 'E~ptu~ru~iorr' to the prorviso waq renumbettd u E~p/nrrnrinr~ I and dtcr fi71li~t:nrinrl I as so r r n u r n k ~ d Etpbrrarior~ 11 WE- added by s. 33) of thc Wesr Bengal Prclniscs Tcnancy (Amcndmcn~) ACL 198B (Wfsl Ben. Acl XIV or 1988). The 1Vesr Retrgol Prta~kes Termmlcy Act, 1956. Sub-Area Cornmandcr ivivilhir. whosc jurisdiction the premises are sirua~ed or by thc Hcnd or his Service or by his Commanding Oficer tlial he has retired, or will rctire, as such mcmbcr and rha~ he requires the premiscs for his own occupation and Tor the occupalion of his family of~er rctircmcnt, or (b) rvhcrc thc landlord is llie parem or [he wirc of such mcmbcr of the naval, mililary or air rorce of the Union of India as aforesaid, a cenificatc by thc Arca or Sub-Area Co~nmandcr within whose jurjsdiclion the prcmiscs are situaied that he or shc is Lhc parent or h e wifc. as thc casc may bc, of such member of [he naval, military or air force of the Union of India and rha~ hc or she rcquires the premises for his or hcr own occupation and for the occupation of his or hcr family aficr thc rcrircmcnt oi such member, or (c) whert the Iandlord is a relation (other than a minor child or the w i d ~ w ) and a dependanl of a mcmkr of the naval, military or air farce of 111r Union or India and ordinarily residcs with him or a millor child or rhc widow or such member who dies whilc in service or whillun fivc years or relirement, a ccrt it'icnle by thc Area or Sub-Area Commondcr within whosc jurisdiction rhe premises are siluatcd h a t he or she is lhe relation and dependant as aforesaid or dlc minor child or rhe widow, as ihe cme may bc. of ~ h c deceased member of the naval. militay or air forcc of thc Union of India and h n l he or she requires [he prcrniscs for his or her own occupation and for he occupation or his or hcr family, shalI be produced bzforc Ihc Con~roller while filing thc npplicatjon, and such ccrtificalc shall be concIusive cvidcncc OF [he fact stated thercin. 'Lplonarion L-"Family" shall havc the same meaning as in Ihc Esplattariutr to clause ( I ) of sub-scclion (I) of section 13. 'Explurtatior~ 11.-For [he purposes ai this sub-section, Area or Sub- Arca Commander shall include,- (a) in thc case of persons retired from thc Indian Navy, a Flag Oriiccr Conlm~nding-in-Chief of the Naval Command, and (b) in thc case of persons rcurcd horn thc Indian Air Force, the Air Forcc Slation Commandcr. ' S ~ P ~OOI-note 3 an page 698, u~rfe. [West Dcn. Act (Clraprer VlA.-Svtr~r~~u~ thial of certairt applicotio~u.-Seciiol~ 29B.) c (3) (a) In addi~ion to, and simultaneously wilh, thc issue of summons for service on ~ h c !enant, and the sub-tenants, if any, the Conlrollcr shall also direct the summons lo be servcd by rcgislcrcd posl wilh acknowledgment due, addressed to the tcnanl and sub-lcnant or rhcir agenls empowered lo accept h e service at h c place whcre he lenanl and sub-tennnr or their agenls aclually and voluntarily reside or cany on business or pcrsonally work for gain and may, if h e circunislanccs of Ihe case so require, also direct the publicalion of thc summons in a newspnpcr circuInling in the Iocaliry in which the tenant and the sub- lenanl are last known to have resided or canicd on business or personally workcd ror gain. (b) Whcn ~cknowlcdpents purporling to bc signed by [he tenan!, sub-lcnanl or their agenrs are received by the Conlroller or the rcgistcrcd amicle containing the surnmonscs is rcccivcd back wilh endorsements purporting ro have been made by a postal employec lo thc cffccl lhal h c lcnant, sub-ccnant or heir agents had refused lo lake delivery OF thc registered article, the Conkollcr may dcdxc rhal thcrc has been valid service of !he summonses. (4) The tenant and the sub-renant on whom the summonscs arc duly scrved (whether in [he ordinary way or by registcrcd post) in thc form specified in the Second Schedule shall not contest the prayer for eviction from thc prcmiscs unless ~ h c y filc afidavils '[wilhin fii~ccn days of the service of rhe summons] slating the grounds on which thcy scck 10 conresl the application for cvic~ion and obloin Icuvc from thc Conlroller as hereinafrer provided; and in default of their appearance in pursuance of thc surnmonscs or thcir obraining such Icavc. [hc sralcrnenl made by the landlord in [he applico~inn Tor eviclion shall bcdccmcd to bc itdrniucd by Ihc tenant md h c sub-lcnant and tl~e applicant sl~all be entitled lo an ordcr for cvicrion on thc ground aforesaid. (5) The Conrroller shalI '[within liReen days from h e dare of filing of the aFfidavit under sub-section (4) by the tenant or sub-tenanr, as [he case may be,] give to the [enant or sub-tenant lcave lo contes~ [he applica~ion if !he affidavit filed by the renanl or sub-lenant discloses such facls as would discnu~lc Ihc landlord from obtaining an ordcr for [he recovery OF possession of ~ h c premises on the ground specified in clause (ff) of sub-scclion (1) of scclion 13. 'Thc words within thc squm bnckcts were inscnd by s. ?(b) or the Wcst Bcngal Prct;iws Tenancy (Amcndmcnr] ACI. I988 (\VCSI Ben. ACI XIV of l9S8). -The wards. figurc and bnckcis within (he squm bnckels wcn: insencd by s, 2(c). ihid. (Chapter VIA.-S!uatnaq~ rrial of certuiti upplicntiotrs.4ecrio1i 29B.j '(6) Whcre lcave is grantcd lo the tenant or sub-lcnant to conrest [he ' application, the Conuollcr shall commence tllc Ilcaing of [he applicalion on a date no1 lntcr than onc monrh from [he datc OF grant of the lcave as aforesaid, and shalt conclude thc hexing and give his dccision wilhin fifteen days from thc date of comrnencclnenl or the hearing as far as practicable. '(6A) Whcrc thc Controller decides a1 ~ h c conclusion of thc hcaring b a t the tenant or sub-rcnanl of any prcrniscs shall put the landlord rcicrrcd lo in sub-scctian (1) or any relation of the said landlord in possession of the said prerniscs, he shall direct the tenant or sub-tenant, as the case rnay bc, to pul the said landlord or the said relalion of thc said landlord, as h c case may be. in posscssion of the said prcmiscs within such pcriod, nor exceeding six months from the date of thc decision, as he thinks reaonablc. (7) Ttiz provisions or sub-sections (2), (3), (4) and (6) of seclion 13 shall, so far as may be, apply lo n proceeding undcr this Chapter but nothing contained in sub-secuon (3A) of seclion 13 shall apply lo such a proceeding. (8) The Conlrollcr shall, while holding an inquiry in a proceeding to which this Chapter applics, follow the pracdcc and procedure of a Court of Small Causes, including the recording of cvidcnce. (9) No appeal or second appeal shall lie against an ordcr for Ihc reccrvcry of possession of my premises tnndc by the Conuoller in accordancc with the procedure spccilied in this scction: Provided that h c High Court may, for thc purposeof sausfying itself [hat an order rnadc by the Conuoller undcr this secrion is accordhg lo law, call for thc casc and p a s such ordcr in rcspcct thereto as il lhinks iil. (10) Wllerc no application has bccn rnadc lo h e High Courl on revision, [he Conuollcr may exercise Ihc powers of review in accordance .i of 190s. wilh he provisions ol Order XLVU of thc First Schedule lo h e Code of Civil Procedure, 1908. (11) An order passed by thc Con~roller shall be cxccurcd in such manner as m a y bc prescfihd. E.vplarta~io)r.-For ~ h c purposes of this Chapter the expression 'landlord bcing a Governmcnr employee' includcs an employee of the Ccntral or S~atc Governmenr or any local authority. 'Sub-sec~ion (6) wxi subsiirulrd by s. 2(d) of thc U'csl Ilmg:d Premises Tcnmcy (Arncndmcn~) Acl. 1988 (WcsI Ben. Act XIV ol 1988). :Sub-scction (6A) WLS insrnrd by s. 2(c), ilrid, The Wesr Be~rgal Pt'err~ises Tetratic)t Acr, 1956. (Cllopter VII.-P~erralrics arrd nriscella~zeorrs.-Sectiom 31, 32.) '(6) Any landlord who afler obtaining delivery of posscssion of any prcmises from [he tenant in pursuance of a decree obtaincd under clnusc (To of suh-sec~ion (1) oF section 13,- (a) conrravcncs thc provisions -of sub-secrion (1) of scction I 8 by releiring such premises within ten ycrvs of the dare of obraining delivery of possession to any pcrson othcr han such tenant wi~hout rhc permission of thc Conrroller, or (b) contravcnes ttic provisions or sub-scction (3) of seclion 18 by lcrting ihc prcmiscs of which he was in occupa~ion as owncr tlvrcof ai [he lime of oblaining delivery of possession of any premises from the lenant in pursuance of a decree obtaincd under clausc (i-0 of sub-scclion (1) of seccion 13 within Icn years of the dale of oblaining such delivery of possession lo any person olher than the tenant from whom such delivery of possession was obtained without the pern~ission of tile Con[roller, shall, on the complainl of such lenanl made to the Controller, be liablc to a fine which may extend ro one thousand rupccs.