GOVERNMENT OF WES'T BENGAL LAW DEPARTMENT Legislative West Bengal Act XXVII of 1959 THE WEST BENCAL PREMISES TENANCY (AMENDMENT) ACT, 1959. | P'assed by the West Bengal Legislature.] Assont of tho Prosidont was first published in the Calcutta Gazette, Ertraord inary, of the 29th Fobruary, 1960.] 29th February, 1960.] n Act to amenk the West Bengal Premises T'enancy Act,
1956. W'EREAS it is expedient to amend the West Bengal West BenD. Act XII of 1956. Premises Tenaney Act, 1956, for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Tenth Year of the Republic of india, by the Iegislature of West Bengal, as follows: 1 This Act may be called the West Bengal Premises Short title, Tenancy (Amendment) Act, 1959.
2. In section 17 of the West Bengal Premises Tenancy Amendment off Act, 1956 (hereinafter referred to as the said Act),-
(7) in sub-section (7), for the words "shall, within one section 17 month ' the words *"shall, subject to the provisions Ben. Aot shall be XII of
1956. of sub-section (2), within one month substituted;
(2) for sub-section (?), the following sub-section shall be substituted, namely:- "() If in any suit or proceeding referred to in subsecticn (7) there 1s any dispute as to the amount of rent payable by the tenant, the tenant shall, within the time specified in sub-section (1), deposit in court the amount admitted by him to be due from hm together with an application to the court for determination of the rent pay- No sucl1 deposit shall be accepted unless able. *Price-Indian, 12 nP.; English, 3d. The West Bengal Premises Tenan cy (Amendmneni. Act, 1959. ent) West Ben. Act (Section 3.) it is accompanied by an application for dd payable. On receipt of letermination of the rent such application, the court shallL
(a) having regard to the rate at which rent was l may have been made, by the tenant, make, as as possible within a period not exceedino one year, a preliminary order, pending finai decision of the dispute, specitying the amouni if any, due from the tenant and thereupon tha tenant shall, within one month of the date af such preliminary order, deposit in court or pay to the landlord the amount sO specified in paid, and the period for which default S0on the preliminary order; and Act, (6) having regard to the provisions of this make, as soon after the preliminary order as possible, a final order determining the rate of rent and the amount to be depoSited in court or paid to the landlord and either fixing the time within deposited or paid or, asS the case may be, directing that the amount already deposited or paid be adjusted in such manner and within such time as may be specified in the order.''. which the amount shall be For sub-section (7) of section 21 of the said Act, the 3. Amend nent of Beotion 21. following sub-section shall be substituted, namely:- "(7) Before passing an order of forfeiture, the Controller shall give a notice to the landlord or to the person or persons claiming to be entitled to receive the rent in deposit, by registered post at the last known address of such landlord or person or persons and shall also publish the notice in his office. any local newspaper in such form prescribed, a general notice from time to time to the effect that the rents during the period mentioned in the favour of landlords under the provisions of all or any of the Acts, Orders and Ordinance referred to in sub-section (6) which have not been withdrawn, have become due for forfeiture and that individual notices have been issued to the landlords concerned by registered post. The Controller shall not pass any order of forfeiture until after the expiry of thirty days from the date or the publication of such general notice. T'he actua COst of transmission of a notice by registered post, and such amount as may be prescribed towaras cost of publication of the general notice shall be deducted from the amount in The Controller shall also publish in may be as deposited by tenants notice i deposit in such manner as may be prescribed.". The West Bengal Premises Tenancy (Amendment) Act, 1959. XXVII of 1959.] (Section 4.)
4. In section 40 of the said Act, in sub-section (2), 0
(a) in clause (b), after the words "may be instituted"" the words "or enforced" shall be inserted and shall be deemed always to have been inserted;
(6) after the words "as if the said Act had been in force the words "and had not been repealed or had not exjpired" shall be added and shall be deemed always to have been added;
(2) after sub-section (2) the following sub-section shall be inserted, namely: (2A) For the removal of doubts it is hereby declared that notwithstanding any decision of any court to the contrary, any proceeding pending on the 31st day of March, 1956 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 pro0 ceeding, 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 or had not expired, 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, decree was passed or order was made.; in sub-section (3) the words "'under the said Aet" shall be omitted. WBGP-60/1-47 A-5M { "type": "Document", "isBackSide": false } { "type": "Document", "isBackSide": false } { "type": "Document", "isBackSide": false }