Amendment status not verified — confirm the current text below against the official source.
Subjecl ro the provisions in this Act rclndng to liinitarion, all the provisions of ~lic Indian Limitation Act, 1905, shall apply to suits, rx or 1908. appeals and proceedings under lhis Acf. l40. (1) Thc Wesi Bengal Premises R e n ~ Conlrol (Temporary WCSI Bcr~. Provisions) Act, 1950 (in h i s sccrion rcfcrred lo as rhc said Act), is zyl'Or hereby repealed. (2) Norwihsranding tlle rcpcal of the said Act- (a) any proceeding pending on the 3 1st day of March, 1956, may bc continued, or, 'Thcst words within rhc squm bnckels wire insentd with rcrmsprcrivc cfI&cr by s. 4 of the War Bcngd Pmrniscs Temcy (Amcndrnenl) ACL 1956 (West Ben. Act XVIII of 1956). 'This scc~ion 40 was substilu~ed for he original scction 40 wirh rcmspecrive eKecr by s. 5. ibid. (b) any proceeding ar remedy in respcct of any right. privilege, obli~aljon, liability, pcnalty, forfeiture or punish~iienl undcr rhcsaid Acr and relating ro rhc period bcforc such repeal may be institulcd '[or enforccd]. as if the said Act had been in force >[and liad not bcen repealed or had nor expircd]: Providcd t h a ~ for any of rhe purposes aforesaid, a Controller, an Additional Conlroller or n Depu~y Conlrollcr appointed undcr this Act shall be dccmed to be n Controller, an Addi~ional Conlrollcr or a Depu!y Conroller appointed under [he said Acl. E.rplarrariotr.-In his seclion "procccding" includcs any suit, appcal, revjcw or revision, applicalion for execution, or any othcr proceeding wha!socvcr undcr rhe said ACI. '(2A) For thc removal of doubts it is hercby declared t h a ~ no~withslanding any decision of any court 10 [he conlrary, any proceeding pending on the 3 I st day of March, 1956 which was continued a r m [hat dare and any dccree passcd or ordcr made a f ~ c r rhal dare in accordance with [he provisions of the said ACL in any such proceeding, shall be deemed to havc bccn validly continucd, passed or madc, as if the said Act had been in iorce, and had no1 bcen repealed-or had not expircd. and no such procccding, decree or ordcr shall be callcd in queslion in any manncr merely on the ground lhal 111e said ACL was not in forcl: when such procccding was continucd, decree was passcd or order' was made. (3) In cornpuling the period of limitation for lhc insritution OF any proceeding ****, thc pcriod beginning with [he 31s! day of March, 1956 ~ V C S ~ Ben. and ending wjrh [he 30h day after h e commcnrcment of the Wcsl XV1[l Bengal Prcrniscs Tenancy (Amendment) Act. 1956. shall be excluded. 19 56. '40A. No~widis~anding any thing conrained in this Act,- saving oi pcnding (I) a11 proceedings under this Acl, excepl thc proceedings under procrcdings, Chaptcr IV thereof, in rcspcc~ of any prerniscs in any arca includcd within h e limiis or Calcur~a, which, imrncdiately beforc h c 4rh day of January, 1984. was cornpriscd in rhe ~nunicipali~y o l Jadavpur, South Suburban or Garden Rcach, pending bcforc the Rent Con~ollcr, 24-Parganas, having jurisdiction, at Ihc date of commtnccment of h e Wesr Bcngal Prcmises Tenancy amendm men^) Act, 1986 (hereinaficr rcfcrrcd Lo in this seclion as chc said Act), shall, wilh effect from !hc datc of conling into iorce of the said Act, sland transferred to he Rcn~ Conrroller, Calcutta: 'Tk wordr; wilhin Ihc squm bncke~s were inscncd-wi~h rctmspcctive cNcct by s. 4(l)(a) of h c Wcst Bcogal Premises Tenancy (Amcndrncnl) Act. 1959 (West Ben. Acr XXVII of 1959). f r h s r : W O ~ S were added wilh rcvospxiive cflecr by s. 4(l)(b). ibid. -Sub-seccion (2A) was inscrld by s. 4(2), ibirl. 'Thc words "under the said Acr" wcrc omitted by s. 4(3), ibill. 'Sccrion 40A was inscncd by 5.4 ofihe West Bengal Prciniscs T c n ~ c y (Amtndmcn!) Act, 1486 (\\'es~ Ben. ACI XVI or 19861. The IVesl Be,lga I Prenlises ~emurrj Act, 1956. [West Bcn. Act Provided that any ordcr passed by h e Rent Con~oller, 24-Parganas, in any such proceeding on or after the 4rh day of January, 1984, shall be decmcd to have bccn passed by the Renl Controller, Colcuua; (2) any proceeding under Chapter IV of [his Act in respecr or any pre~niscs as aforcsid, pending bclorc the Rent Coolroller. 24-Parganas, having jurisdic~ion, at the datc o f cornmcncernenL of he said Acl, shall be disposed of by him in accordance wilh UIC provisions of this ACI and rhc rules made thcrcuntler. BY or