(1) Whoever contravenes any of the provisions of section 13 shall, on a complaint made to the Controller by the party aggrieved, be liable to a fine which may extend to five times the amount or the value of the consideration claimed or demanded or received in excess of the fair rent for the first occasion and, for the second or subsequent occasion, to a fine which may extend to ten times the amount of such excess.
(2) Whoever contravenes any of the provisions of section 15 shall, on the complaint made to the Controller by the party aggrieved or by the State Government, be liable to a fine which may, for the first occasion, extend to twice the value of the furniture and, for the second or subsequent occasion, extend to four times such value.
Penalty for contravention of provisions - for restriction subletting.
Penalty for contravention of section 14.
Penalty for contravention of provisions of section 10.
29. Whoever contravenes the provisions for restriction on subletting shall, on a complaint made to the Controller, be liable to a fine which may extend to five thousand rupees.
30. Any tenant or landlord or any other person who, in contravention of the provisions of section 14, receives any sum or consideration for relinquishment of tenancy or as premium or advance rent in excess of one month's rent, as the case may be, shall, on a complaint made to the Controller by the landlord, be liable to pay fine which may extend to fifty thousand rupees.
31. Any landlord who—
(a) after obtaining the delivery of possession of any premises from the tenant in pursuance of a decree obtained under clause (c) of sub-section (1) of section 6, contravenes the provision of sub-section (1) of section 10 by re-letting such premises within five years of the date of obtaining the delivery of possession thereof to any person other than such tenant without the permission of the Controller, or 344 The West Bengal Premises Tenancy Act, 1997.
XXXVII of 1997.]
(Chapter VIII.—Penalties.—Sections 32-34.— Chapter IX.—Essential repairs.—Section 35.)
(b) contravenes the provisions of sub-section (3) of section 10 by letting the premises, of which he was in occupation as owner thereof at the time of obtaining the delivery of possession of such premises from the tenant in pursuance of a decree, within five years from the date of obtaining such delivery of possession to any person other than the tenant from whom such delivery of possession was obtained without the permission of the Controller, shall, on a complaint made to the Controller by such tenant within six months of such letting, be liable to a fine which may extend to twenty-five thousand rupees.
32. If the landlord refuses to deliver to the tenant a receipt for any rent paid by the tenant, the Controller shall, on application made in this behalf by the tenant within two months from the date of payment and after hearing the landlord, by order, direct the landlord to pay to the tenant, by way of damages, such sum, not exceeding three times the amount of rent paid by the tenant, as the Controller may determine, and the cost of application, and shall issue a certificate to the tenant in respect of the rent paid.
33. If within thirty days from the date of receipt of the notice of deposit, the landlord complains to the Controller that the statement in the tenant's application of the reasons and circumstances which led him to deposit the rent is untrue, the Controller, after giving the tenant an opportunity of being heard, may levy on the tenant a fine which may extend to an amount equal to two months' rent or one thousand rupees, whichever is greater, provided he is satisfied that the said satatement was materially untrue, and may, by order, direct that a sum out of the fine realised, as may be determined by him, be paid to the landlord as compensation.
34. The Controller may, on the complaint of the tenant and after giving an opportunity to the landlord of being heard, leavy on the landlord a fine which may extend to an amount equal to two months' rent or one thousand rupees, whichever is greater, if he is satisfied that the landlord, without any reasonable cause, refused to accept the rent though tendered to him within the prescribed period and may, by order, direct that a sum out of the fine realised, as may be determined by him, be paid to the tenant as compensation.
CHAPTER IX Essential repairs