(1) No rent deposired under section 21 shall bc considcrcd to have been validly deposi~ed under that scction for purposes of clause (j) of sub-scciio~i (1) of section 13, unless deposi tcd within fifleen days of h e rime hxcd by thc conmct in wriring for payment of the rent or, in the absence of such conrract in writing, unlcss dcposited within the last day of thc month following [ha1 for which [he rcnt was payable:
'Provided [ha[ whcre any rcnt rcmirrcd to the landlord by postal moncy order within the lime rererred 10 in section 4 is returned to the tenant by he poslal authorities as undelivered either on account of the landlord having rerused to accepl payment thereof or for any olher cause, such rcnt may also be validly deposi~ed for the purposcs of the said clause within firken days horn rhc datc on which it is so relurned to the tenanl.
(2) No such deposi~ shall be considercd to havc bccn vdidly madc ror the purposcs of the said clause if h e IenanL wilfully or ncgligenlIy makcs any falsc statemen! in his application for depositing [he renl, unless [he landlord has withdrawn thc amount deposited before [he date of instiruuon of a suit or proceeding for rccovcry of possession of [he premises from the rcnant. . .
(3) If thc rcnr i s dcposi~cd within the time mentioned in subsection ( I ) , and does not ceaxe lo be a valid deposil for the reason rncnlioncd in sub-scction (2). [he dcposit shall constitute payment of rent to [he landlord as i f Ihc amount deposited has been valid legal lender of rent i f iendered to the landlord on thc date fixed by the conlract for pdymcnr of rent when there is such a c o n m t , ar, in h e absence of any conmcl, on ~ h c filieent h day of the month next folIowing ha1 for which renl is payable.
23. The wjrhdrawal ofrcnt dcpositcd under sec!ion 2 1, in the manner provided therein, shall not opcratc as an admission against the person withdrawing ir of the corrcctncss of Lhe rate of rent, h e period of default, the amount due, or of any other facts stated in he tenant's applicalian [or dep~siLing h e rcnt undcr lhc said section, nor shall it operate as a waiver of arty noucc lo quit given by him lo the tenant =* * * * *
24. When rhcrc is no proceeding pending in Court for ~ h c rccovcry of possession of the premises, thc acccptancc of rent in respecl of the pcriod oldcraull in paymeni of renl by [he landlord from [he tenant shall operatc as a waiver of such defaull.
'Thc proviso was added by s. Y of the Wcst Bcngal Prcmises Tenancy (Second Amendmcnr) Act, 1969 (West Ben. Acl XXXlV of 1969).
T h c words, figures and bnckc~s "cxccpt a notice on the gmund of debult referrcd lo in clause (i) a l sub-scc~ion (1) of x c ~ i o n 13" were omitted by s. 4 of the \Yes1 Bengd Pmn~ispc T,.ninrr. I hm~nr lm~ni l &PI 107: f l l r ~ c r Rnn A P I YYrV 1117<\ TI1 e \Vest Betrgal Prem isees Te~eaancy Act, 1956.