The West Bengal Premises Tenancy Act, 1997
west-bengal · 1997
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the West Bengal Premises Tenancy Act, 1997
- S. 3Section 3 exempts various government entities, foreign missions, and high-rent properties from the West Bengal Premises Tenancy Act, 1997.
- S. 5(1) Every tenant shall pay rent to the landlord or his authorised agent within the prescribed period
- S. 6Section 6 of the West Bengal Premises Tenancy Act, 1997 prohibits landlord-initiated eviction except for specific grounds like non-payment of rent or unauthorized subletting.
- S. 7Section 7 mandates tenants to pay rent and interest before eviction proceedings, with dispute resolution by the Controller.
- S. 8Section 8 overrides any conflicting provisions in the West Bengal Premises Tenancy Act or other existing laws.
- S. 9Section 9 grants landlords, including government employees and military personnel, the right to recover immediate possession of leased premises.
- S. 10Section 10 allows tenants to reclaim possession or receive compensation if landlords fail to rebuild or occupy premises within six months or re-let without permission.
- S. 11Section 11 allows the Controller to order a landlord to return possession to a tenant after rebuilding or alterations, with penalties for non-compliance.
- S. 12Section 12 mandates tenants to adhere to tenancy contract terms and allows them to surrender possession with proper notice.
- S. 13Section 13 limits tenants' rent payments to fair rent and nullifies agreements for higher rent.
- S. 14Section 14 prohibits additional payments beyond rent and advance rent without Controller's permission, and bans payments for tenancy transfer.
- S. 15Section 15 prohibits landlords from making furniture purchase conditions for tenancy and restricts advance rent advertisements without Controller's permission.
- S. 16Section 16 allows the Controller to order landlords to refund or adjust payments made by tenants in violation of the Act.
- S. 17Section 17 sets the process for the Controller to determine fair rent for premises based on construction cost and land value.
- S. 18The fair rent initially fixed shall be automatically increased by Revision of five per cent every three years: fair
- S. 19Section 19 regulates rent adjustments by the Controller, detailing recovery of excess or deficit rent.
- S. 20Section 20 allows landlords to increase rent after giving tenants 30 days' notice if permissible under the Act.
- S. 21Section 21 outlines procedures for tenants to remit rent when the landlord refuses to accept it, including depositing rent with the Controller if undelivered.
- S. 22Section 22 outlines the conditions for valid rent deposits and the consequences of incorrect deposit details under the West Bengal Premises Tenancy Act, 1997.
- S. 23Section 23 allows the Controller to order rent deposit withdrawal if satisfied, after giving claimants a hearing.
- S. 24Section 24 clarifies that withdrawing rent does not imply agreement on rent correctness or waive notices to quit.
- S. 25Section waives landlord's default in rent payment if rent is accepted without pending recovery proceedings.
- S. 26Section 26 mandates tenants to notify landlords of subletting and sub-tenants to notify landlords of sub-tenancy termination, with penalties for non-compliance.
- S. 27Section 27 prohibits landlords from cutting off essential supplies or services to tenants without Controller's permission and allows tenants to seek restoration and compensation.
- S. 28Section 28 imposes fines for violations of tenancy provisions, up to five times excess rent or twice furniture value.
- S. 29Section 29 imposes a fine up to 5,000 rupees for violating subletting restrictions.
- S. 30Section 30 penalizes tenants, landlords, or others for receiving excessive rent or fees in violation of section 14.
- S. 31Section 31 penalizes landlords for re-letting premises without Controller's permission within five years after obtaining possession.
- S. 32Section 32 mandates the Controller to order landlords to pay damages to tenants for refusing rent receipts, up to three times the rent.
- S. 33Section 33 allows the Controller to fine tenants up to two months' rent for falsely claiming reasons for rent deposit, with part going to the landlord.
- S. 34The Controller can fine landlords up to two months' rent or ₹1,000 for refusing to accept timely rent, with part going to the tenant as compensation.
- S. 35Section 35 mandates the Controller to require landlords to repair premises or maintain essential services, allowing tenants to seek permission to do so if landlords fail.
- S. 36Section 36 allows tenants to initiate repairs if urgent and seek Controller's order to recover costs from landlords if landlords fail to act.
- S. 37Section 37 allows tenants to apply to the Controller for an electric supply if the landlord refuses, with the Controller potentially granting permission.
- S. 38Section 38 of the West Bengal Premises Tenancy Act, 1997, allows the State Government to appoint a Controller and other officers to manage tenancy-related functions.
- S. 39Section 39 of the West Bengal Premises Tenancy Act, 1997 grants the Controller powers to transfer, inspect, and investigate tenancy proceedings, and to summon witnesses and examine documents.
- S. 40Section 40 applies the Limitation Act, 1963 to proceedings and appeals under the West Bengal Premises Tenancy Act, 1997.
- S. 41Section 41 protects government officers from legal action for actions taken in good faith under the Act.
- S. 42Section 42 mandates that tenancy applications to the Controller must be heard within six months unless the Controller records reasons for a delay.
- S. 43Section 43 outlines the appeal process from the Controller's final order to a Tribunal or High Court within 30 days.
- S. 44Section 44 prohibits civil courts from hearing rent fixation, eviction, or other matters decided by the Controller under the Act.
- S. 45( I) The West Bengal Premises Tenancy Act, 1956 (hereinafter referred to in this Chapter as the said Act), is hereby re
- S. 46Section 46 validates proceedings and orders made after the Act's commencement, deeming them effective as if the Act was always in force.
- S. 47(1) The State Government may, by notification, make rules for Power to carrying out the purposes of this Act
- S. 99Section 99 outlines specific percentages and conditions related to tenancy and property management in West Bengal.
- S. 1956Explanation
- S. 1993The West Bengal Premises Tenancy Act, 1997 defines key terms such as "Controller," "fair rent," "landlord," and "premises" for its application.