Registered No. WB/SC-247 No. WB(Part-III)/2010/SAR-29 Ebe Ro[hata vette Extraordinary Published by Authority ASVINA 13] TUESDAY, OCTOBER 5, 2010 [SAKA 1932
PART III—Acts of the West Bengal Legislature.
GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 1415-L.-5th October, 2010.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:— West Bengal Act XXIX of 2010 Short title and commencement.
THE WEST BENGAL PREMISES TENANCY (AMENDMENT) ACT, 2010.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 5th October, 2010.]
An Act to amend the West Bengal Premises Tenancy Act, 1997.
WHEREAS it is expedient to amend the West Bengal Premises Tenancy Act, 1997, for the purposes and in the manner hereinafter appearing;
It is hereby enacted in the Sixty-first Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. (1) This Act may be called the West Bengal Premises Tenancy (Amendment) Act, 2010.
West Ben. Act XXXVII of 1997.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
2 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 5, 2010 [PART III Amendment of section 39 of West Ben. Act XXXVII of 1997.
Insertion of new section 43A.
Validation.
The West Bengal Premises Tenancy (Amendment) Act, 2010.
(Sections 2-4.)
2. To section 39 of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as the principal Act), the following Explanation shall be added:— "Explanation.—For the removal of doubt, it is hereby declared that the proceeding under this section means a proceeding which relates to fixation of fair rent in relation to any premises to which this Act applies and includes an application for execution and any other proceeding whatsoever which the Controller is empowered to decide under section 35, section 36, section 37 or other sections of the Act but does not include a suit or proceeding under section 6, section 7, section 9 or section 11 of the Act.".
3. After section 43 of the principal Act, the following section shall be inserted:—
43A. The procedure for filing an appeal against decree or final order of Civil Judge, and the powers to be exercised and the procedure to be followed in admitting and dealing with such appeal, shall be the same as in case of appeals under the Code of Civil Procedure, 5 of 1908.
1908. In case of revision and review against any decree or final order of Civil Judge, the provisions of the Code of Civil Procedure, 1908, shall, mutatis mutandis, apply.".
4. The amendments made in the principal Act by section 2 and section 3 shall be deemed to have been made with effect from the 10th day of July, 2001 and accordingly anything done or any action taken or purported to have been taken or done under the principal Act on or after the said date and before the commencement of this Act, shall, notwithstanding anything contrary contained in any judgment, decree or order of any court, tribunal or other authority, be deemed to be, and to have always been for all purposes, as validly and effectively taken or done as if the said amendments had been in force at all material time.
"Appeal, revision and review against decree or final order of Civil Judge.
By order of the Governor, K. Y. S. MANHAS, Pr. Secy.-in-charge to the Govt. of West Bengal, Law Department.
Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd.
(Government of West Bengal Enterprise), Kolkata 700 056 Page 1 Page 2