(1) An appeal shall lie from a final order of the Controller to such Tribunal as the State Legislature may, by law, provide:
Provided that until a Tribunal is so provided, an appeal from the final order of the Controller shall lie to the High Court.
(2) An appeal shall be filed within 30 days from the date of order of the Controller.
(3) The Controller or the Tribunal shall in dealing with proceedings under this Act be deemed to be a court for the exercise of powers under section 151 or section 152 of, or Order XLVII of the First Schedule to, the 5 of 1908.
Code of Civil Procedure, 1908.
(4) The Controller or the Tribunal shall in dealing with the proceedings under this Act follow such procedure as may be prescribed.
(5) Every proceeding before the Controller or the Tribunal shall be deemed to be a judicial proceeding within the meaning of section 175, section 193 and section 228 of the Indian Penal Code. 45 of 1860.
(6) The Controller or the Tribunal shall be deemed to be a court for the purpose of section 195 of the Code of Criminal Procedure, 1973. 2 of 1974.
(7) The Controller shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
44. No civil court shall entertain any suit or proceeding in so far as it relates to fixation of fair rent in relation to any premises to which this Act applies or to eviction of any tenant therefrom or to any other matter which the Controller is empowered by or under this Act to decide and no injunction in respect of any action taken or to be taken by the Controller under this Act shall be granted by any civil court.
350 XXXVII of 1997.]
The West Bengal Premises Tenancy Act, 1997.
(Chapter XII.—Miscellaneous.—Sections 45-47.)
CHAPTER XII West Ben.
Act XII of
1956.
Miscellaneous
45. ( I) The West Bengal Premises Tenancy Act, 1956 (hereinafter referred to in this Chapter as the said Act), is hereby repealed.
(2) Notwithstanding such repeal, all suits and otherproceedings under the said Act pending at the commencement of this Act before any court or any other authority shall be continued and disposed of in accordance with the provisions of the said Act as if the said Act had continued in force and this Act had not been passed:
Provided that the provisions for appeal under the said Act shall continue in force in respect of the suit or proceeding disposed of thereunder:
Provided further that for any of the purposes as aforesaid, the Controller or the Additional Controller or the Deputy Controller appointed under this Act shall be deemed to be the Rent Controller or Additional Rent Controller or Deputy Rent Controller, as the case maybe, appointed under the said Act.
Explanation.—In this section, "proceeding" includes any appeal, review or, revision, application for execution, or any other proceeding whatsoever under the said Act.
46. For the removal of doubt it is hereby declared that notwithstanding any decision of any court to the contrary, any proceeding pending at the commencement of this Act, which was continued after that date and any decree passed or order made after that date in accordance with the provisions of the said Act in any such proceeding, shall be deemed to have been validly continued, passed or made, as if the said Act had been in force, and had not been repealed, and no such proceeding, decree or order shall be called in question in any manner merely on the ground that the said Act was not in force when such proceeding was continued, such decree was passed or such order was made.
Repeal and savings.
Proceedings to be deemed to have been validly continued.