(1) No landlord shall makc [he purchase or my furniture in any Rcsuicuon prcmjscs by any person a condiuon for h e gnnt, rcvcwal orconrinuanec gi &zFb of Ihe renancy of such prcrnises. ~n MY premises let (2) No person shall publish or cause lo be published in any newspaper ,, , ,,,,,, or o~henvise any adverusement-
(a) for [he purchase by any pqrson of any furniture; or
(b) for payment of any sum exceeding one monrh's rcnr in advancecxcepl with the previous pcmission of the Controllcr;
as a condilion for the l e ~ ~ i n g of any premises.
7. ( I ) Where any sum or olher consideration has been- paid by or Rcfund or on bchaIf of a tenant to a landlord, in conmavention of any of the ::hiurn, provisions of this Act, thc Conlroller may, on applicalion made to him CIC., not wilhin a period of six monlhs rrorh the date of such payment, order Lhe ~ ~ ~ ~ ~ l c landlord to refund such sum or the value of such consideration to the AC~ .
tenant or order Ihc adjus~menl of such sum or 'the value of such consideralion against the rent payabIe by the [enant.
'Thc proviso was ndded by s. 3 01 h e Wesr Bcngd Prciniscs T e n ~ c y - (Second Amcndrnsn~) Acl, 1969 (West Bcn. Act XXXlV or 1969).
The Wesr Be~rgul Pre~rrises Terrrlcy At;, 1956.
[West Ben. Act
(2) The provisions of sub-section ( I ) shall no1 apply lo any casc of decrcasc of rcnl to which scc~ion 12 applies.
Fair rcnr. 8. ( 1 ) "Fair renl" in rclalion LO any prcmises means-
(it) wherc the rcnt of such prcmiscs has been lixed undcr he Bengal Housc Rcnt Control Order, 1942, or rhc Calculta Housc Rent Control Ordcr, 1943, or [he Calcurta Rent Bcn, Ord, V of 1946. Ordinance, 1946, ~ h c rcnt so fixcd togcther wilh-
(i) whcrc thc rcnt so fixed is more than Rs. 100 pcr monlh, 10 per cent. of such rcnt, and where the rent so fixed is not more than Rs. 100 pcr month, 5 per cent. of such rcnl, in rhc case of premises used mainly for rcsidcntial purposes or as a haspiral. nn orphanage, a public library, or an cducational or charitable institulion, and
(ii) whcrc 1hc rent so fixed is Inore than Rs. 100 per month, 15 per cent, of such rcnt and where the renl so fixed is nor more than Rs. 100 per monih, I0 per ccnl. of such rcnl, in thc case of premises used for purposes other than tllose mentioned in sub-clause (i) above;
(b) whcrc !he rent of such premises has hccn Lxed under [he West Bengal Prerniscs Rent Control (Temporary Provisions) \yes1 Ben.
A C ~ XVII or Act, 1950L, whclhcr by way ofrevision of ~hcrcnt previously r950.
fixed undcr the Wcst Bengal Prrnliscs Rcnt Conlrol WcstBcn, (Temporary Provisions) Act, 1948', or not, the rent so fixed; Acr XXXVI!I of (c) whcrc any proceeding i s pending for fixacion of rcnt of such ,94s, prcmises under h c WCSL Bengal Premises Rcnl Control (Temporary Provisions) ACL, 1948' or undcr [he West Bengal Prenliscs Rcn t Conuol Uemporary Provisions) Act, 19501, the rent fixed undcr !he provisions of thc \Vest Bengal Premiscs Rcnl Conmol (Temporary Provisions) Acl, 1950';
(d) where such pre~niscs have been conslnrcted and let OUL afler the con~mencemenr O F this Act, he rcnt caIculared on h e basis of annual payment of an amount equal to 6: pcr ccnt.
per annum of the aggregale amount of the aclual cost of cons~uction and thc markel pricc of the land on rhc dare of commcnccment of conslruc~ion, logelher with one-half of [hc iota1 amounl of the municipd ralcs and taxes payablc annually in respect of thc premises:
'Tht\Vrsr Bcngal Prcrniscs Rcnr ControI (Temporary Prnvisions)Ac~, 1918 (Wcsr Bcn.
Acr X S X V l l l 0T 1948) w s rcpxldlzd by s. 45 o f lhc Wcsr Bcngd Prcmiscs Rcnt Coniml (Tcmpomy Provisions) Act, 1950 (iVcsr Ben. Acr XVll o r 1950) and [he lartcr Act h a bccn ~ p c d e d by his Acl.
The \Vest Be)rgal Prerrlises Te~~atrcy Act, 1956.
Provided that the rent agreed upon belween [he landlord and the tenant when such premises are firsr let oul shall, for a period of c i g h ~ years horn the dare of commencement of this Act, bc dccmcd to bc the ljir rcnt;
(c) whcrc thc provisions of clause (a) OF cIause (b) or clause (c) or clause Id) do nbt apply, such renl as would be reasonable having regard to the simadon, locatily and condition OF rhe premises and thc amenities provided thereill and where there are similar or nearly similar premises in the locality, having rcgard also to rhc rcnt payable in rcspcct or such premises:
Providcd that in fixing such rent the Con~roller shall in no casc allow an incrcasc of morc than 10 per cent, over h e exisling rcnt, if any, of such prcmiscs.
(2) Where [he fair renr includes the renant's shxc of the municipal rates and taxes, then, nolwithsranding anything 10 the contrary in any conuacl or law, thc landlord and not the tenant shall be liabIe to pay the whole a~nouni o r ~ h c municipal ratcs and raxcs assessed on [he premises.
(3) Wherc any rumilurc is supplied or any fitlings are afIixed by the landlord for Ihc usc of the tcnnnt, fair rent shall include an addilional amount cquivnlcnl 10 wn per ccnt, OF [he market value of such furniture or firtings pi~yablc Ibr one year, the added anlount being payable in equal monthly or othcr pcriodicill ins~alrnents according ro h e terns of the lenancy.
9. The fair rcnl or any premises shall be liable lo be increased on I n c m of any of [he following grounds and to thc cxtcnt indicaled below-
(a) whcrc thc fair rcnt includes the tenant's share of fie municipal casts.
raw and taxes and there has been an increase in the municipal rales and taxes, by adding to the renl payable for a year onehalr of the tola1 amount of such increase in respec1 of such . , prcmiscs;
(b) wherc the landlord incurs any expenditun: on he inlprovernenl or suuclural alteration lo thc premises (made with the wriuen consenr of h c tcnnnt), by adding to the rent payable for a year 10 per cent. of rhe amount or such expenditure.
10. The Controller shall, on applicauon made to him cithcr by landlord Conlmllcr . .
to l i x or . - or by thc tcnant in the prescribed manncr, fix in rcspcct of any premises- inc- f~
(i) tllc fair rcnt referred lo in seclion 8; r t n t on application
(ii) the increase, if any, referrcd ro in scclion 9. by lmd~ord or tenan[.