(1) This Act may be called the West Bengal Premises Tenancy Act, 1997.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
Short title, commencement and extent.
West Ben.
Act XXII of
1993.
(3) It extends to the areas included within the limits of the Calcutta Municipal Corporation and the Howrah Municipal Corporation and to the municipal areas within the meaning of the West Bengal Municipal Act, 1993:
Provided that the State Government may, by notification, extend this Act or any provision thereof to any other area specified in the notification, or may, by notification, exclude any area from the operation of this Act or any provision thereof.
325 The West Bengal Premises Tenancy Act, 1997.
[West Ben. Act (Chapter 1.—Preliminary.—Section 2.)
Definitions. 2. In this Act, unless there is anything repugnant in the subject or context,—
(a) "Controller" means a Controller appointed under subsection (1) of section 38, and includes an Additional Controller or Deputy Controller appointed under sub-section (2) of that section;
(b) "fair rent" means the rent fixed under section 17;
(c) "landlord" includes any person who, for the time being, is receiving, or is entitled to receive, the rent for any premises, whether on his own account or on account of, or on behalf of, or for the benefit of, any other person or as a trustee, guardian or receiver for any other person or who would so receive the rent or be entitled to receive the rent, if the premises were let to a tenant;
(d) "notification" means a notification published in the Official Gazette;
(e) "premises" means any building or part of a building or any hut or part of a hut let separately, and includes—
(i) the gardens, grounds and out-houses, if any, appertaining thereto, and
(ii) any furniture supplied by the landlord, or any fittings or fixtures affixed, for the use of the tenant in such building or part of a building or hut or part of a hut, but does not include a room in a hotel•or a lodging house;
(f) "prescribed" means prescribed by rules made under this Act;
(g) "tenant" means any person by whom or on whose account or behalf the rent of any premises is or, but for a special contract, would be payable, and includes any person continuing in possession after termination of his tenancy and, in the event of death of any tenant, also includes, for a period not exceeding five years from the date of death of such tenant or from the date of coming into force of this Act, whichever is later, his spouse, son, daughter, parent and the widow of his predeceased son, who were ordinarily living with the tenant up to the date of death of the tenant as the members of his family and were dependent on him and who do not own or occupy any residential premises, and in respect of premises let out for non-residential purpose his spouse, son, daughter and parent who were ordinarily living with the tenant up to the date of his death as members of his family and were dependent on him but shall not include any person against whom any decree or order for eviction has been made by a court of competent jurisdiction:
326 The West Bengal Premises Tenancy Act, 1997.
XXXVII of 1997.]
(Chapter L—Preliminary.—Section 3.)
Provided that the time limit of five years shall not apply to the spouse of the tenant who was ordinarily living with the tenant up to his death as a member of his family and was dependent on him and who does not own or occupy any residential premises:
Provided further that the son, daughter, parent or the widow of the predeceased son of the tenant who was ordinarily residing with the tenant in the said premises up to the date of death of the tenant as a member of his family and was depedent on him and who does not own or occupy any residential premises, shall have a right of preference for tenancy in a fresh agreement in respect of such premises. This proviso shall apply mutatis mutandis to premises let out for non-residential purpose.
3. Nothing contained in this Act shall apply to—
(a) any premises owned by—
(i) the Central Government, or
(ii) any State Government, or
(iii) a Government undertaking or enterprise, or
(iv) a statutory body which is not a local authority, or 2 of 1924. (v) a Cantonment Board constituted under the Cantonments Act, 1924, or
(vi) a local authority;
(b) any tenancy created by the Central Government or any State Government in respect of the premises taken on lease or requisitioned by that Government;
16 of 1908. (c) any tenancy where the lease has been registered under the Registration Act, 1908, before or after the commencement of this Act;
(d) any premises rented to a foreign mission or international agency;
(e) any premises let out for residential purpose, not being a premises within the purview of clause (c), which carries more than—
(i) two thousand rupees as monthly rent in the areas included within the limits of the Calcutta Municipal Corporation or the Howrah Municipal Corporation, or
(ii) one thousand rupees as monthly rent in other areas to which this Act extends;
Exemption.
327 The West Bengal Premises Tenancy Act, 1997.
[West Ben. Act (Chapter 11—Obligation of landlord and tenant.—Sections 4, 5.)
(f) any premises let out for non-residential purpose, which carries more than—
(i) three thousand rupees as monthly rent in the areas included within the limits of the Calcutta Municipal Corporation or the Howrah Municipal Corporatin, or
(ii) one thousand and five hundred rupees as monthly rent in other areas to which this Act extends.
Explanation.—Where any premises is let out partly for residential purpose and partly for non-residential purpose, the provisions of clause (f) shall apply to such premises in proportion to respective areas.
CHAPTER II Obligation of landlord and tenant Obligations 4. (1) Every landlord_ or his authorised agent shall issue a written of landlord. receipt in the prescribed form signed by him forthwith on receipt of the amount of rent and the charges relating to the maintenance of premises from the tenant.
(2) Every landlord shall be bound to keep the premises in good and tenantable condition.
(3) Every landlord shall be bound to take measures for due maintenance of essential supply or service comprised in the 'tenancy.
(4) No landlord shall claim, demand or receive any premium or other consideration whatsoever for giving his consent to the subletting of whole or any part of the premises held by the tenant.
Obligations of tenants. ,