(1) No rent deposited with the Controller shall be considered to have been validly deposited under section 21 unless deposited within fifteen days of the time fixed by any contract in writing for payment of the rent or, in the absence of any such contract in writing, unless deposited within the last day of the month following the month for which rent was payable, provided where any rent remitted to the landlord by postal money order within the prescribed period is returned to the tenant by the postal authority as undelivered or on account of the landlord having refused to accept the rent or for any other reason, such rent may also be validly deposited within fifteen days from the date on which it is so returned to the tenant.
The time limit for making deposit and consequence of incorrect particulars in application for deposit.
341 Payment of rent.
Savings as to acceptance of rent.
Where there shall be a waiver of default.
The West Bengal Premises Tenancy Act, 1997.
[West Ben. Act (Chapter VL—Provision regarding rent.—Sections 23-25.— Chapter VII.—Sub-tenancies.—Section 26.)
(2) No deposit of rent shall be considered to have validly made for the purpose of section 22, if the tenant wilfully or negligently makes any false statement in his application for depositing the rent unless the landlord has withdrawn, or makes an application in the prescribed form to withdraw, the amount deposited before the date of institution of proceeding for the recovery of possession of the premises from the tenant.
(3) If the rent is deposited in accordance with the provisions. of subsection (1) and does not cease to be a valid deposit under that sub-section, the deposit shall constitute the payment of rent to the landlord as if the amount deposited has been a valid legal tender of rent to the landlord on the date fixed by contract for payment of the rent when there is such a contractor, in the absence of any contract, on the fifteenth day of the month next following the month for which the rent is payable.
23. If an application is made in the prescribed manner for the withdrawal of any deposit of rent, the Controller shall, if he is satisfied that the applicant is the person entitled to receive the rent deposited, by order, direct the payment of the amount of the rent to him:
Provided that no such order for payment of any deposit of rent shall be made by the Controller without giving all persons named by the tenant in his application for deposit of rent as claiming to be entitled to the payment of such rent, an opportunity of being heard, and such order shall be without prejudice to the right of such person to receive such rent being decided by a court of competent jurisdiction.
24. The withdrawal of rent deposited in the prescribed manner shall not operate as an admission against the person withdrawing it of the correctness of the rent or the rate thereof, the period of default, the amount due or any other fact stated in the application of the tenant for depositing the rent under sub-section (1) of section 22, nor shall it operate as a waiver of any notice to quit given by him to the tenant.
25. Where there is no proceeding pending for the recovery of possession of the premises, the acceptance of rent in respect of the period of default in payment of the rent by the landlord from the tenant shall operate as a waiver of such default.
CHAPTER VII Sub-tenancies Creation and termination of subtenancy to be notified.