(1) A non-agricultural lenant shall not, when his landlord's interest is transferred, bc liable to [he transferee for rent which bccame duc aftcr the iransfcr and i n s paid to thc landlord whose intcrcst was so transfcrred, unless thc uansfirec h u bcforc the payment givcn nolice or thc transfer lo rhc non-agricul tunl lcnant.
(2) Whcrc there i s morc than one non-agricul[ural rcnanr paying rent to thc landlord whose interest is transferred, a gcncral notice Trom 111e rransfercc to the non-agricultural tenants published in the prescribed manncr shatl be a sufficicn~ notice for [he purposes of h i s scciion.
60. Whca a non-agricultural lenanl transfers his lcnancy in whole or in pm, the rransfcror and ~ansferce shall bc jointly and scvzrally linblc ro the landlord Tor arrears of rent due bcforc the transfcr:
Providcd that the transfcror shall not he liablc to the landlord for such arrcars of rcnl if thc lransferee has agrced to pay such arrears to ~ h c landlord and thc lac1 has been mcntioncd in [he instrument of transfcr.
A ~ I I ~ O ~ , 61. All impositions upon non-agricul~ural lcnants undcr the erc.. illtp!.
denominalion of nhvab, rrru~lrar or other like appcIIations, in addilion to thc actual rent, shall bc illegal, and all s~ipulations and reservations for the payrnem of such shal I be void.
f inc ror ~ d l ~ a l i 0 I l
62. ( I ) If a landlord or his agent rcaliscs from a non-agncullural ofeb,,nb. tenani any imposition dcclared under section 61 [o be illcgal, such r lv . landlord or agent, as ~ h c case may be, shall bc liable to thc same fine, to be imposed in thc same manner, u s in sub-secrion (3) of seclion 48, and the provisions of sub-sections (4). (7) and (8) of !he said seclion relaring 10 inquiry, fine and procedure sliall, slurnriS arutotrdix and so far as may bc, apply to proceedings under [his sccrion.
(21 An appeal shall lie to thc District Judge against an order imposing a linc undcr this seclion, and he order passed by the Distici Judge on such appeal shall bc final.
(3) The imposition of a fine on a landlord or landlord's agent undcr his seclion shall not opcrale as a bar to rhc insti~ulion of a suit under sccrion 63.
Tlie \Vest Betrgal Notl-Agricul~trral Teliarrcy Acr, 1949.
(Cl~aprer V1'll.--Getieral Provisiutts (13 ro rent of riotz-crgricrrlrtrrrrl re~lnticies.-Sectiorr 63.-Cl~aprcr V1II.-Irrlprovetac,~rs.- Sccliot~s 64-66.)
'-' 63. Evcry nan-agricullural tcnanr rrom whom, exccpt undcr any special cnaclmcnr for the lime being in force, any sum of moncy is exacled by his ~akllord in excess of h e rent or inkrest IarvfuIly payablc, may, wjtlljn six months from the date of thc cxnd ion , institute a suil lo recover from thc landlord, in addilion lo rhc amounr so exacted, such sun1 by way of penally as thc Couri lhinks GI, not cxcecding Lwo hundrcd rupees; or, when doublc thc amount so exaclcd excccds two hundrcd rupees, not exceeding douhlc that amount.
Penally rot exaction by lvldlonl Imm nonagriculiunl rcnultol sum in cxcsrs of rhr. renl pyahlc.
CHAPTER VIII.
Improvemenis.
64. For the purposes of ~ h l s Act [he term "improvemenr" uscd wilh kfini t ion reference to a lcnancy shall mean any work, which adds to rhe value of fL$pm''cthe nnn-agricultural land comprised in ~ h c lcnancy, which is suilable lo such land and consistent with any of thc purposes spccificrl in scclion 4 for which i t i s being used and which, iT not execuled on such Innd, is eirher execurcd dircclly Tor its benefit, or is, aficr cxecur ion, made direc~ly bcncficial ro i t , and subjcc~ lo thc foregoing provisions, shall incIudc [he following, namely-
(i) laying oul of passages or roads,
(b) providing open spaces for vcnlilation,
(c) providing facilities For taking wntcr,
(d) laying o u ~ drainagc connections, bur shall not include any work cxccuted by a non-agriculwnl renant if i[ subs~an tinlly diminishes [he value of his landlord's properly.