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Section 4

The West Bengal Government Premises ( Tenancy Regulation) Act, 1976State Act of West Bengal · Act 19 of 1976

(1) Upon termination of a tenancy under ;my of the provisjons RcsronLion of sccuan 3 '[or upon a ienancy being void under seclion 3A1 ihe tenant shall Forlhwith restore vacilnl possession of the premises occupied by him in favour OF the prescribed aulhoriry.

(2) Ifthe tcnant fails to reston: possession of rhe premises under subsection (I), !he prescribed aurborily or any officer aulhorised by him in (his behalf may lake such steps or use such force as may be necessary to lake possession of the premiscs and may also enter into such premises for the aforesaid purpose.

5. If any tenant sublets or inducts any person in the prerniscs Pcnajly Tor occvpied by him or in any part of it, in violation of the terms of l exe ::ik$F governing his renancy the tenan1 as wcIl as the pcrson in unauthorised occupation of lhe prcmises shall be liablc on conviclion to imprisonment for a lerm which may exlend 10 six monrhs or lo fine which may cxrend to one lhousand rupees or ro both.

- - - 'Section 3A was insencd by s. 3 oftlie Wcsi Bcngnl Governlncnr Premises (Tenmcy Rcgulaliun) (Sccond Amcndmcnl) Act, 1980 (\Vat Ben. ACI XLVI uf 1980).

'%e qvnrdc Ci~r~rc nnt! lcrlcr u*ilhin Bc square bnckcrs rvcrc inxrled by s. 4 , ibid.

Eviction of unaulhonscd rrctrpnnLq and pcnulry lor such wcup~r ion, Olicncc sndcr ~ h c ACI 10 be mgnimblc.

P;?yrncnl or compnsalion.

fie West Bet~got Go~~cn~rlrenr Prer~~ises (Tc~larlcy Regvlutiorz) Acr, 1976.

[West Bcn. Act ,

6. If by v i m c of a lriparlite agreement an employer is aurhorised to collect lhe rcnt payable by the renant \i+~o is lhc employee or such cmployer and deposit the same in favour of rhe Srare Governn~ent or the Govcrnrnenl undertaking, as thc c a r : may be, [hen for failure on the part of the employer to make sucll d e p ~ s i ~ within the lime agreed upon.

[he employer or in case thc cmploycr is a coiilpalg o r other body corporate or an association or persons (whe~hcr incorporaled or not).

evcry director, rnanagcr. secretary, agent or other officer or person concerned with the manaeernent ~hercof shnll. unless he proves that Lhe offence was cornmiued wilhou~ h i s knowledge or consent, be liable on con~~iction lo o fine which may extend to fivc thousond rupees and in case of a conlinuing offence, to a further fine which may extend lo one hundred rupees fur each day during which Ihe offence continues.

'6A. Where any person, no1 being a tenant, occupies, or rcmains in occupation OF. any Government premises rvirhou t 111c writtell order of the prescribed authority,-

(a) [he prescribed authority, or any oCficer authotised by i t in this behalF, may mke such steps and use such force us may be necessaq lo lake possession of the premises and may also enter into the premises for the said purpose; and

(b) such person shall be punishabIe with imprisonment for a term which may extend to six months. or wilh fine which may extend to one thousand rupees, or wirlt both.

'GB. Arl oflcnce punishable under section 5 or clause (b) of section 6A shall be cognizable.

I6C. (1) Where arly damage beyond normal wear and tear has been caused to any Government prenliscn rhe possession of which has been laken from a tenant under [he provisions of section 4, or wherc any damage hw been causecl lo Any Govcrntnenc prcmises the possessian of which has been taken under ihc provisions of sec~ion 6A, such lenanr ar such person, as he casc may be. shall be liable 10 pay for the repair of such d a m ~ g e such cornpensarion, not excceding he casl of repair, as may be determined, by order. by the prescribed authorily, afler giving the tenant or the person, as h e case may be, an opporbnity of being heard.

(2) An appeal shall lie to the Appcllate Aulhority againsl an order determining compensalion under sub-secrion (1) within fifteen days from the date of rhe order.

'Sccfions 6A, 6B. GC and GD werc inscncd by s. 3 of ~hc Wcsr Bcngal Govurnmcnl Prcmiscs renancy Repulalion) (Amendrncnll hrr 19R5 ~ V P , , R.." a-1 v v v ..r . nor> Tlie lVesr Betrgul Govenrnrenf Prettlisfs (Te~inrrcy Regrrlarion) Act. 1976.

(3) The decision of the Appellate Aulhorily shall be final.

'6D. T l ~ e amount of compcnsa~ion delemined under section 6C by Pcr id rar pymccnt or the prescribed authority or [he AppelIate Authority, as the case may be, ,,,Fnsashall be payable by the tenanl or the person, as the case may bc, IiabIe [ion.

to pay such compensation, within thirly days from [he dale of the order.".

7. Any claim for arrears or rcnl or for mesue profits =[or for Kccoveryor ccrlain compensation] under this Act shall, if no[ duly paid, be recoverable as clairnr Bcn. A C ~ 111 a public demand under thc Bcngal Public Demands Recovery Act, 19 13, public of 1913. dcmand.

Where this provision sits

ActThe West Bengal Government Premises ( Tenancy Regulation) Act, 1976
Section4
JurisdictionState of West Bengal
StatusIn force as published by the source

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