(1) Whcn a tcnanl is admitlcd to thc occupation of any nonagricultural land, [he rent payable by such tenant in respect of such land shall not, except on the ground of [he landlord's improvement, be cnhanccd during [he fifteen years next following the dare on which tho [enam has bccn so admilled LO I hc occupation of such land.
(2) When the rent O F a [enant has been enhanad by the Coun or in pursuancc o r ~ h c conditions of a conrract. i t shall no1 be furlherenhanccd during rhc Lirrc.cn y c m ncxt rollowing the date on which ir has been lasl so enhanced and for the purposcs o l [his scction if an ordct of gradual The West Bolgal No11 -Agri~~itltrr,nI T~llorrcy Acr, 1 939.
cnhancen~enl of such rent has bccn made by a Courr in accordance with - the provisions of sec~iqn 13, Lhc full rent fixcd by such order shall hc deemcd to have conic into cfrcct horn the datc of such order:
Provided that the landlord of such [cnanr may inslitute a suit lor !he enhilnccmcnt of the rcnl of such tenancy during the said period OT liltcen years on the ground of any improvemcnl crfcctcd ro he non-agricultural land comprised in such renancy by, or wholly or panly at thc cxpcnse of, such landlord during such pcriod.
15. The rent of n Icnanl may be reduccd by the Courl if the Caurl Rcduc~ion considers r h a ~ thc rale of rent payable by such tenanr i s unfair and OrR'n'.
inequirahlc, and in de~ermining whal rcnt is fair and cquitablc under this scc~ ion the Court shall have regard ro thc provisions of subsection (3) of section l I .
CHAPTER I V.
16. The provisions or [his Chapter shall apply to all under-tenanls Applialion whe\l~er their renanuics wcre creared berclrc or artcr he conlnrcncemcnl orChp'"r.
of this Acr.
17. An under-tenan[ may hc ndmilrcd rothe occupatiun of any non- Tcrrnson which an agricultural Innd on such terms and conditions consislcnl with the undcr-renml provisions of this Act a may bc agrccd upon hetween himsclf and his may landlord. bc adnuncd ro occupn- [ionornonagriculrunl Imd.
18. An under-lcnanr shall be liablc to pay such rate of rcnt for the R; l rcof~n[ non-agricul~ural land cvrnpriscd in his renancy as has bccn agreed upon pwhkby an underbetween himsell and his landlord ar the timc of his admission to ~ h c wnMc occupation or such land:
Prnvidcd rhnt thc ratc of rent payable in rcspccl of rhc non-agricultum1 land comprjscd in any tenancy by an undcr-tcnanl who has been admitted 10 occupauon of such land ilrtcr the conmlencement or lhis Acl shall no[, except in [he case whcrc such land is held on a fixed renr or free of rent by [he tenant under whom such under-tenant holds, exceed one and a half rimcs rhc ralc of rent payable by such tcnnnl in respect or such land.
TIIC ltksr Berrgal Nmr -Agtv i~*i~1tula l Tetror~cy A cr, 1 949.
[West qcn. Act Enllanm~i~clll 19, (I) Notwilhstanding anything cnn~aincd in any othcr law for uirr.n~.+, thc time beiflg in forcc or in nily conrract, rhc rcnl of an undcr-1cnan1 shall bc liable to cnhunccmcnl up io a linli~ no1 exceeding one and a half ~ i m e s the rznt for 1l1c lime bcing payable i u respcct O F the non-agricul~ural I;lnd comprised in tl~c tenancy of such under-tenant by thc renant under whanl such under-tcnan~ holds in thc casc rrrherc such [ennnl does noL hold such land ar a Lxcd rcnl or rrcc of rcnt, and up 1 ~ 1 such limil as [he Courl may, subjccl to such provisifltis as may he prescribed in this behalf, dlink fair and cquitahle in or her cascs.
I21 For !hc puiposcs of sub-section ( I ) thc renl for the time being payablz in rcspecl of the ion-agricultural land comprised in thc tcnancy 01 an under-tcnank by the renanr under whom such underlcnont holds shall, i n the casc ivhcrc sucti undcr-[enant has been adniittcd IU the occupaiion or unly il purrion or the land curnpriscd i n tlk: tcnancy a1 such tcnanr, be dcrcrmincd in such m:lnnrr as may be prcscri bed.
Ejccrmcnl 20. No~wiihs~anding anything conrainrd in ilny oihcr law for thc uf an uudcr- IC~YI I . limc being in Forcc or in any contract, an undcr-icnant shall, subjecr to the prorrisic~ns of h i s ACI. bc liable la cjectmcnt on onc nr nlorc of the r(11lowing gro-~nds, and not utherwisc, nnmcfy:-
(il) on the ground [hat hc has uscd the non-agricul~ural land compdscd i n his tcnancy i n u manncr which rcndcrs ir unfit for usc lor rhc purposes or the lenancy;
(b) an thc ground tbal lie lerin or his Icasc has cxpircd when he holds rhr non-ngricul~urnl land under a written Icasc:
Provided that in the case whcrc any non-agriculrural land is held by an under-icnantwjrhoula leasc in wiring or under n leasc in writins bul no tcrm is specified in such Ieasc, it shall hc alsu I;~wTul for his landlord ro ejccr him from such land after having givcn him six months' no~icc i n writing expiring with the end of a year of ~ h c tenancy, and on payment of such rcasonnblc co~npcnsalion as may bc agreed upon be~wccn the landlord and the u~lder-[enant. or in rhe casc where thcy do nor agrec, ns may bc de~ermincd by rhc Court on the application of rbe landlord or such undcr-tenrtnr.
Tlre IVcsr Betlgol Nort-Agricrrlirrr-crl Te~inrrcy Acr, 19d9.
1 . The interest of an under-tenanl in any non-agricullural land ahcr incidmlsor " shall,-- ~cnmcicsof undcr- (a) i n rhe case wberc such under-ienant dies intcsiale in respect or such intcrcst bc ~ransmiitcd by inhcrirancc in thc samc manner as his other jmmovable properry:
Ptovidcd t h ~ l in any casc in which undcr thc law or inherilance ro wliicl~ such under-lcnant is subjecl his orller propeny goes lo the '[Governmenl], his in~eresi in such land shall be extinguished; and
(b) subject to the provisions or this Acl, be capable or bcing rransferrcd and bcqucathcd in thc sarnc rnanncr and 10 thc snmc cxreni as his olher immovable properly.
22. No~wilhstanding anything contained in any orher law for [he spccid incidcn~x lime being in force or in any coniracI, in the casc of the tenancy of an o~lcnancics under-~cnant-
(a) ~ h c provisions of scction 10 shall apply: and
(b) where-
(i) the conditior~s referred lo i n clauses ( I ) , (21, (3), (4) or (5) ofscction 7 arc fulfilled, or
(ii) the tenancy is held under a lcasc i n writing for a [em of no1 lass rhan ~welvc ycars spccificd in such Icasc, lhc undcr-rcnant shall havc all ~ h c rights and liabiliries of sl lcnanr as scl rorh in scclion 7 or scction 8, as [he case may be, and [he provisions of scctions 6, and 1 1 to 15 shall, and the provisions of seclions 18, 19 and 20. in so far as rhcy arc inconsistcnr with the provisions of this sec~ion shall not, apply.
CHAPTER V.
Provisions as to transfer of non-agricultural land.