(1) This Act may be called he West Bengal Governrncnt Prcmiscs shorr (Tcnancy Regulation) Act, 1976. and cxtent.
(2) 11 extends to h e whole or Wcst Bcngnl.
2. In this Act, unless [he conlext olherwisc requires,- Dclinitions.
' ( 1 a) "Appcllalc Authority" means any aulhority, superiar in mnk lo the prescribed authority, appointed by the State Government in respect of a local urea for the purpose of '[the lhird proviso ro clause (a) of sub-section (3) of seclion 3 and] sub-secrion (2) or section 6C, and includes different such aulrlori~ies for dilTertnt local areas;
(a) "Government prenuses" means any premises which is owned by the Slale Govcrnment or by a Government undertaking but does not include [he official residence of any person authorised to occupy any premises in considcnlion of the office which he holds under [he Srare Government or a Government underlaking for [he lime being;
'For Shterncnl or Ob jcc~ and Kcmons, w e thc Culcirtfa Caxr~e. Errmordi~raty, Pan IV. orthc 91h March. 1976. page 1216: for pmccdings or thc \Vest Rcngal Lgisla~ivc Asscrnbly, see ~ h c pmccdings or 11lc lllccting or that Assembly hcld on thc 18th March,
1976.
:Clause ( la) w u ilddcd by s. 2 of the W C S ~ Ucngal Govcrnmcnt Prerniscs (Tenancy Rcguhtion) (Arncndmcnr) Act, 1935 (W-[ Bcn. Acl XXX or 1985).
JThc word>, figurcs. lctlcr and bnckcfs wcrc inwfled by s. 2 of rhc \Vcsr Bcngal Cnvrrnmrnr Ptrrniqps (Trnanrv Rrr~ilnrinnl (Alnrndmmll Arr 1W7 nV-d U r n AFI The West Btvrgnl Gover~rtnerrt Prerrlkes ( T ~ t ~ a t i c y Regulariorl) Acr, 1976.
[Wut Ben. Act (Section 3.)
(b) "Governmcnl undertaking" means a body corporate constilu~ed by or undcr a Ccntral or Slale Act which i s under the adrninistn~ive control of the Statc Government or in which thc Slate Governmenl has exclusive proprietary inleresl:
(c) "premises" means any building or hut and includes part of a building or hur and a seat in a room. Ict scpmtely. and also includes,- ( i ) thc gardens. grourids and oul-houses, if any. appurtcnanr thereto.
(ii) any furnilure supplied or any f i l l in~s w fixtures affixed for rhe use of the lenanr in such building, hut or scal in a room, as Ihc casc may be:
(d) "prescribed" mcans prescribed by rules made under this Acr;
(e) "prescribed authority" mcms XI authoriry appointed by the Slale Government in rcspcct or a local area, by notificalion in the Oficial Gazerre, for carrying out the purposcs of h i s Act and includes different such aulhorilies for different local areas:
(f) "tenant" means any person by whom the rent of any premises is, or but for a special contract would be, payable and includes in thc cvcnl of such person's death. such of his heirs as were ordinarily residing with him at the limc of his death.
Terminalion 3. (1) Every Iennncy held by a tenant in respecl of a Governor lenzncy.
men1 premises shall sland ierminated upon the expiry of the period referred to in a notice lo quit served upon such tenanr in the prescribed manncr.
(2) A tcnoncy in respect of a Goverument premises shall stand au~omatically rerminated wiihout any notice ta quit whcrc thc [enan[ has,-- Tile Wesr Bellgal Goreen~~lte~~r Premises (Tenu~~cy Re~rrlarion) Acr. 1976.
XIX of 19 76.1 '(ia) subsequen~ly built a house or acquired (by purchase, gift, inherilance, lease, exchange or olherwise) a house or an apartment, cither in his own name or i n the name of any mcrnber al his fmi ly , within a reasonable distance from such Govcmmenr premises.
Exp1u11arion.-For the purposes of this section and secrion 3A,-
(a) "appartment" shall have the same meaning as in the Wcrl Ben.
West Bengal Apartment Ownership Act, 1972; Act XVl of 197?.
(b) "family" shall include parents and other relations OF the rcnant who ordinarily reside with him and are dependant on him;
(c) "reasonable distance" shall mean any distance no1 exceeding ~wenly-five kilornelre.q, or
(ii) made default in payment of rent For thrce conseculive months:
Provided that where the renancy has terminated on account of deiaulr in psymenr of rent for three consecutive months [he prescribed authority may, upon applicarion made by the rcnant wirhin such time ns may be prescribed and upon deposit of all he meam of rent togethcr wirh interest at the prcscribd rale, grant renewd of the Lcnancy in h o u r OF [he tenant:
Provided further [ha[ the prcscribed aulhority may, on sufficient cause being shown, gmnr renewaI of Ihe tenancy in favour or the tenant on deposit of fifty per cetlr. of the arrears of rent along with rhc application for renewal of tenancy and direc~ thc tenant ro deposit h e balance of the srrcars of rent wirh interesl on the entire amounr al the prescribed rite in twelve monthly inslalmenu commencing from the month following [he manth of such renewal of renancy, and if rhe lcnant fails to deposit any suchinsulnlent the tenancy so renewed shalI stand automatically lerminaled:
*['Provided furlher b a t ihe prescribed authorily may, if it is satisfied that [he tenant has failed to pay rent due lo circumstances beyond his control and is not in a position 'This ckusc wa subs!ilulcd lor \he prcvious clause (ia) by s. 2 or thc Wesl Bcngnl Govcmmcni Prcrniscs (Tcnancy Regulation) (Sccond Arnendmcnl) ACI, 1980 (WCSI Bcn.
Acl XLVI of 1980). Prior In this substilu~ior~ cIaust. (i:~) was inscncd by s. 2(2) or rhc Wcsl Bengal Govcrnrnent Prclnixs (Tenancy Regularion) (Amcndmenl) Acl. 1980 (Wut Bcn. Acl VU1 o f 1880).
mi< pmvi-w was inscncd by s. ?(b) of rhe Wcsr Bcngal Govcrnn~cnl Pmrnism (Tcnancy Rcgulalion) (Arncndmcnl) Act. 1980 (Wcsi Bcn. Act VllI or 1980).
*This furthcr pmviso was ~ r h a p s added hcrc on account or clcrical rnisrakc madc, Ihraugh inadvcnzncc. in the Wczi Bcngal Govemrncnl Premiscs (Tcnancy Regularion) (Amcndmcnll At[. 19Sfl (Wr<r Urn A r r V l l l nr lOQn\ -r nn -m-.:-n- --r..-. * -.. - - - - - - - - Tile Wes! Betrgal Govenm~etrt Prel~rises (Tct~atlcy Regrrlation) Ac!. 1976.
[West Ben. Act ro deposi~ Fifty per cetrr. OF thc arrears of rent along rvilh rhc application for renewal of tcnancy, grant renewal of thc tenancy in favour of 1/11 121iant on deposit of 1wenr.y-five per cent. of the mcnrs of rent along wilk the application for renewnl of tenancy and direct thc tenant to dcposil the balance of [he artcars of ren! wilh interesl on 1hc enrire amount nr Ihe prescribed rare in such number of monthly instalrncnrs. no1 less than [welve aild nor more [han i h i q - six, as [he prescribed autt~orily may consider reuonable, commcncing from ~ h c month following the monrh of such renewal of tenancy, and if thc rcnur fails Lo deposi~ any such instalmenr, [he [enancy s o renewed shall srand au~omn~ically terminated]:
Provided also h a t nolwiths~anding the terminarion of the lenancy the State Government or !he Government undenaking, as [he case may be, shall be entillcd 10 recover all amcnrs of rent for the period for which the tenancy subsisted and rnesne profils lhcreafter for so long as the [enant remained in occupation of the premises.
'(3) (a) Whcre any Governmen[ premises allotred [oa tenant remains under lock and key for a period of morc than rhree consecutive months or where the Ienonr or any member of his family is not ordinarily resident of such Govemmcnt premises, Ihc tenancy in respec1 of such Govemrncn~ premises shnlI stand automatically lerminatcd:
Provided that if thc prescribed authority is snlisficd that the circumstances. under which such Governnlenl premises remains under lock and kcy for more than three consecu~ive months or the [enant or any member by his TamiIy is not ordinarily a resident of such Government premises, are beyond h e control of [he [enant. it may allow the tenancy to subsist:
?Provided furher rhal rhz prescribed authoriiy shall give h e lenanr a no~ice and an opponunity OF being heard before such lerrnina~ion:
2Provided also that an appeal shall lic to h e Appellare Authority against an order determining non-occupation [or a period or rhree consecutive months or non-residence by the renant or any member of his family under the above provisos within fihecn days from ~ h c dale of h e order passed by I he prescribed zluchorily and, in such case, [he decision of he Appellate Authority shall be final.
LSub-scc~ion (3) WLS inscncd by s. 2 of ~ h c \Ycsr Bcngal Gnvcrnmcn~ Premises (Tcnancy Regulation) (Amendrncnl) Act. 1994 (West Ben, Acl LlV or 1994).
?I%-=.. ,,I., n m r . : c m r w r m inrrr+rrl hv c 1 n T ~ h r \VwI Rrnoal Cnvcmmenl Prcmises
(b) A tenant shdl bc deemed lo be ordinarily rzsiden~ of a Government premises if he or any rnembcr of his family generally resides in such Government prcrnjses for 1101 less than ninely days in a period of (our co~lsecutive monlhs.
(c] Thc provisions of lhjs sub-section shaII have cffeci na[withs~anding anylhing contained in this Act or in any other Inw for !he lime being in force or in any instrument having effect by vinue of any law olher than this Acr, or in any decrcc or order of any coun, uibunal or orher 4 or 1R82. authoriry, and nothing conlained in the Transfer of Propcrty Acr, 1882, 9 OF I 872. or the Indian Conrncl Act. 1872. or thc West Bengal Prcmises Tcnancy ~ ~ S ( ~ ~ ~ j Act, 1956, shall apply, or shall be decmed over 10 have applicd, to thc
1956. tenancy as aroresaid and such lenancy shall lake effcc~, and shall bc deerncd always lo have takcn effect, as if [he Transfer of Propcrty Act, 1882, or [he Indian Contr~cr Act, 1872, or [he West Bengal Premises Tenancy Act. 1956, had noi been passed.
'3A. A tenancy in respecl of a Government premises shall be 'Tenancy lo deemed io be void where on lhc date of nllotmen~ of such Government be ir held by a premiscs [he tenant is, or had bwn, [he owner of a house or an aparlment, lenanl ownkither in his own name or in [he name of any rnembcr of his family, ing h0u-K:
or apmnlcnl wirhin a reasonable distance from such Government premises. on h e bu: of