( 1 ) IF n landlord refuscs or withholds his consent l o [he suppIy of eleclricily to a lenanl, the lcnant desiring to ger such supply from a licensec, as dcfincd in clause (h) of seclion 2 of thc Indian Elcclricity IX of 1910.
Acl, 1910, may apply 10 thc Controller serling out the schcmc lor such supply.
(2) On receipt of such application, the Controller may, akcr giving ~hr : landlord and h c owner of rhc premises, il he be not rltc landlord, an opponunity of being hcard, permit the tenan! lo gct the suppIy in accordance wilh 1he schcme set out in the tenant's applicarion or in accordancc with any mcdificd scheme.
(3) On such permission being givcn, notwi~hsrandin~ anything comained any other law for thc lime being in h c e , [he owncr shall be decmed 10 havc given rhc rcquisite consent under sub-section (2) 01 seclio~i 12 oT thc Indian Electricity ACI, 1910, and the liccnscc shall not bc liable to thc owner for mspass for sleps ~akcn for supply of electricity according 10 h e said permission.
37. A Conlrollcr nppoinled undcr lhis Act sliall bc deemed LO bc iL public servani wirtlin [he rncaning of scc~ion 21- of tllc Indian Penal ~ c l X L v o f Codc. 18h0.
38. Savc as otherwise provided in scclion 32, an ordcr passed by thc Controller undcr the provisions of this Act '[or an order parscd on appcd, rcvision or rcvicw therefrom] shall be cxccuiable by tllc Controller as a dccree of a Civil Court and for this purposc the Conuollcr shall have all the powcrs or a Civil Coun.
39. Subjecl ro the provisions in this Act rclndng to liinitarion, all the provisions of ~ l i c Indian Limitation Act, 1905, shall apply to suits, rx or 1908.
appeals and proceedings under l h i s Acf.
l40. ( 1 ) Thc Wesi Bengal Premises R e n ~ Conlrol (Temporary WCSI Bcr~.
Provisions) Act, 1950 (in h i s sccrion rcfcrred lo as rhc said Act), is zyl'Or hereby repealed.
(2) Norwihsranding tlle rcpcal of the said Act-
(a) any proceeding pending on the 3 1st day of March, 1956, may bc continued, or, 'Thcst words within rhc squm bnckels wire insentd with rcrmsprcrivc cfI&cr by s.
4 of the War Bcngd Pmrniscs Temcy (Amcndrnenl) ACL 1956 (West Ben. Act XVIII of 1956).
'This scc~ion 40 was substilu~ed for he original scction 40 wirh rcmspecrive eKecr by s. 5. ibid.
(b) any proceeding ar remedy in respcct of any right. privilege, obli~aljon, liability, pcnalty, forfeiture or punish~iienl undcr rhcsaid Acr and relating ro rhc period bcforc such repeal may be institulcd '[or enforccd].
as if the said Act had been in force >[and liad not bcen repealed or had nor expircd]:
Providcd t h a ~ for any of rhe purposes aforesaid, a Controller, an Additional Conlroller or n Depu~y Conlrollcr appointed undcr this Act shall be dccmed to be n Controller, an Addi~ional Conlrollcr or a Depu!y Conroller appointed under [he said Acl.
E.rplarrariotr.-In his seclion "procccding" includcs any suit, appcal, revjcw or revision, applicalion for execution, or any othcr proceeding wha!socvcr undcr rhe said ACI.
'(2A) For thc removal of doubts it is hercby declared t h a ~ no~withslanding any decision of any court 10 [he conlrary, any proceeding pending on the 3 I st day of March, 1956 which was continued a r m [hat dare and any dccree passcd or ordcr made a f ~ c r rhal dare in accordance with [he provisions of the said ACL in any such proceeding, shall be deemed to havc bccn validly continucd, passed or madc, as if the said Act had been in iorce, and had no1 bcen repealed-or had not expircd.
and no such procccding, decree or ordcr shall be callcd in queslion in any manncr merely on the ground lhal 111e said ACL was not in forcl: when such procccding was continucd, decree was passcd or order' was made.
(3) In cornpuling the period of limitation for lhc insritution OF any proceeding ****, thc pcriod beginning with [he 31s! day of March, 1956 ~ V C S ~ Ben. and ending wjrh [he 30h day after h e commcnrcment of the Wcsl XV1[l Bengal Prcrniscs Tenancy (Amendment) Act. 1956. shall be excluded. 19 56.
'40A. No~widis~anding any thing conrained in this Act,- saving oi pcnding ( I ) a11 proceedings under this Acl, excepl thc proceedings under procrcdings, Chaptcr IV thereof, in rcspcc~ of any prerniscs in any arca includcd within h e limiis or Calcur~a, which, imrncdiately beforc h c 4rh day of January, 1984. was cornpriscd in rhe ~nunicipali~y o l Jadavpur, South Suburban or Garden Rcach, pending bcforc the Rent Con~ollcr , 24-Parganas, having jurisdiction, at Ihc date of commtnccment of h e Wesr Bcngal Prcmises Tenancy amendm men^) Act, 1986 (hereinaficr rcfcrrcd Lo i n this seclion as chc said Act), shall, wilh effect from !hc datc of conling into iorce of the said Act, sland transferred to he Rcn~ Conrroller, Calcutta:
'Tk wordr; wilhin Ihc squm bncke~s were inscncd-wi~h rctmspcctive cNcct by s.
4(l)(a) of h c Wcst Bcogal Premises Tenancy (Amcndrncnl) Act. 1959 (West Ben. Acr XXVII of 1959).
f r h s r : W O ~ S were added wilh rcvospxiive cflecr by s. 4(l)(b). ibid.
-Sub-seccion (2A) was inscrld by s. 4(2), ibirl.
'Thc words "under the said Acr" wcrc omitted by s. 4(3), ibill.
'Sccrion 40A was inscncd by 5.4 ofihe West Bengal Prciniscs T c n ~ c y (Amtndmcn!)
Act, 1486 (\\'es~ Ben. ACI XVI or 19861.
The IVesl Be,lga I Prenlises ~emurrj Act, 1956.
[West Bcn. Act
Provided that any ordcr passed by h e Rent Con~oller, 24-Parganas, in any such proceeding on or after the 4rh day of January, 1984, shall be decmcd to have bccn passed by the Renl Controller, Colcuua;
(2) any proceeding under Chapter IV of [his Act in respecr or any pre~niscs as aforcsid, pending bclorc the Rent Coolroller.
24-Parganas, having jurisdic~ion, at the datc o f cornmcncernenL of he said Acl, shall be disposed of by him in accordance wilh UIC provisions of this ACI and rhc rules made thcrcuntler.
BY or 41. No suit, prosecution or other legal proceeding shall lie against ~lroccrdinps. any officer o f Govcmment for any thing in good faith donc or intended lo bc done undcr this Acl and the rules made thercundcr.
Porvcr tu 42. (1) The State Govemmcnt may, subject to thc condition of make rulcs, previous publication, make rules' Ior carrying oul the purposcs of this Act.
(2) In parlicutar and without prejudice 10 the gcncmliiy of thc foregoing powers, such mlcs may provide for all or any of thc mauers which, under any provision or I his Acl, are requircd to be prcscribcd or to be provided for by rules including charging or renljlting of costs and fees and [he fixauon of the scalc of costs and Fees.
(3) AII rules made under this Acl shall, as soon as may bc after hey have come into force, be Iaid bcfare thc Stale Legislature.
'[THE FIRST SCHEDULE] (See section 20.)
(I ) Where thc prerniscs are siluate on land, wholly within [he Ordinary Original Civil Jurisdic~ion of Ihc Calcuua High Coun- Ti) Where the vduc of the suit or {he-value of [he prcrnises of which recovery of possession is claimed docs noi excccd tcn thousand rupees-to the City Civil Courr as defined in the City Civil Court Act, 1953; \Vest Ben.
ACl XXI of 'For mlrs r~radc under this sccuon called thc Wcs~ Bengd Prcrnises Tenancy Rula . 1953.
1956, see nolifiarion No. 11488 L. RcT.. dared B c 28th June, 1956, published in thc Calcurru Gn:cric, f i~r~o, -di~~f tr ; \ 'or 1956, PUI I.pages 1569-1501 .as subscqucntly mcndcd barn time to tirnc.
'The 'Schedule' was r c n u ~ n k d ns h e Firs1 Schcdulc and dlcr Ihc First Schedulc as so rcnunlkred, thc Second Schcdult was inscncd by s. 4 or !he Wrsl Bcngd Premises Tenancy (Amendment) ACI, 1976 (West Ben. ACI L11 of 1976).
'In h e A~ncndrncnrs made l o ~ h c Schcdulc of [his Act by s. 21, rcai with the Sccond Scf~cdul~: OF thc City Civil Coun Act, 1953 (Wtst Ben. Aci XXI of 19531, sub-clauses (i).
(ii) and rhc pmvisos of c laux (1) were subsututcd Tor rk original subclauscs (i) ilnd (ii) and the praviso to clausc (1) by s. 2 o l rhc City Civil Coun and rhc West Bcngd Prcrnises Tm.mcy (Amcndmcnt) Act, 1957 (Wesr Bcn. Act XXVlI of 1957).
The lVesr Bcllgal Pmrzises Ter~atrcy Acr, 1956.
l ( i i ) Wherc rhc value of the suir cxcecds [cn housand rupees to the High Coun at Calcutta:
'Providcd that any suit, tllc value of which docs not cxcced Rs. 10,000, ins~ituled in the City Civil Court on or aher [he dntc of the ~VCV, .~I BC". commenccnlcnl of the City Civil Court ACI, 1953 and bcforc ~ h c Act XXI*r commcnccment of the City CiviI Coun and the Wesr Bcngal Prcmises
1953.
Wzsl Ben, Tenancy (Amcndmcnl) Act, 1957 shall be dccmcd ID have been validly ACI XXVIl insti~ulcd herein and such coufl shall conlinue to try and disposc of such ~r 1957, suit as a courr of competcnt jurisdiction:
'Providcd runher that any suit, appeal or proceeding instituted in the Calcur~n High Court or in rhc Court of the Chief Judge or thc Court of 1Vsr Ben. Small Couscs of Calculla undcr thc provisions of the West BcngaI Of Premiscs Tcnancy Acr, 1956and pending on Ihc darc of hc cornrnencemenl 1956.
of the City Civil Court and thc West Bengal Prcmises Tenancy (Amendment) Acl, 1957 shall bc continued as if this amendment had not bccn made.
(2) Where the prcmiscs arc situare on land, wholly or partly outside the Ordinary Original Civil Jurisdicuon of the Calcutta High Courl- The Court other than the Crrtcutla High Court, which would havc had jurisdiction to Iry the suit i f [his Act wcrc not pnsscd.
'THE SECOND SCHEDULE.
[See section 29B(2).]
Form of summons in n casc where recovery of possession of thc prcmiscs is prayed ior on Ihc ground of reasonable requirement by rhc landlord.
To [Name, descriplion and place of residence of rhc ~enanllsub-tcnanr.]
Whcrcas Shri ........................................ has lilcd an application (a copy or which is anncxcd) lor your eviclion from (here insert the , paniculars of the prcmiscs) on thc ground specilicd in clausc (ff) of sub-section (1) of the secdon 13.
'See foal-note 3 on pagc 708, anlc.
'See foal-note 1 on pnge 708, mrfc.
Tl~e Wesr Berrgal Pre~l~ises Terrattcy Act, 1956.
[West Ben. Act XII of 1956.1 You arc hcreby summoncd lo appear bciore he Conlrollcr wilhin firlccn days of he service hcreof and to obtain [he Ieavc of the Controller to contest rhe application for eviclion on the ground aforesaid; in dcfault whereof, the applicant will bc cndded at any limc after the expiry of the said period of firrccn days lo obtain an order for your evicuon from the said premises.
Lcavc to appear and conrest the applicarion Inay bc obrained on an applicarion lo rhc Controller suppofled by an affidavit as is rcicrred to in sub-secuon ( 5 ) of sechon 29B.
Givcn under my hand and seal.
This ................... .. .............. day of ....................... ... 19 .
Conlrollcr.