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Bar News Acts League

The West Bengal Premises Tenancy Act, 1997

Act ID: 1997

The West Bengal Premises Tenancy Act, 1997

"An Act to provide for the regulation of certain incidents of tenancy of premises in Calcutta and some other areas."

Table of Contents

48 Sections

Ch. IP

reliminary

S.1Short title, commencement and extent S.2Definitions S.3Exemption

Ch. IIO

bligation of landlord and tenant

S.4Obligations of landlord S.5Obligations of tenants

Ch. IIICo

ntrol of eviction of tenants

S.6Protection of tenant against eviction S.7When a tenant can get the benefit of protection against eviction

Ch. IVR

ecovery of immediate possession

S.8Chapter IV to have overriding effect S.9Right to recover immediate possession

Ch. VR

estoration of possession and compensation

S.10When a tenant is entitled to restoration and compensation S.11Restoration of tenancy where decree for recovery of possession is passed under clause (c) of sub-section (1) of section 6 S.12Provisions regarding notice of giving up possession by tenants under contracts S.12A[ Special provisions regarding jurisdiction of Court for trial of suits for possession. - (1) Notwithstanding anything contained in any other law, a suit or proceeding by a landlord against a tenant in which recovery of possession of any premises to which this Act applies is claimed shall lie to the Courts, as set out in a the Schedule IV and no other Court shall be competent to entertain or try such suit or proceeding

Ch. VIP

rovision regarding rent

S.13Rent in excess of fair rent not chargeable S.14Restriction on claim, demand or receipt of premium or other consideration S.15Restriction on the sale of furniture in any premises let to a tenant S.16Refund of rent, premium, etc. not chargeable under this Act S.17Fixation of fair rent S.18Revision of fair rent S.19When fair rent fixed by the Controller takes effect S.20Notice of increase of rent S.21Deposit of rent by tenant S.22The time-limit for making deposit and consequence of incorrect particulars in application for deposit S.23Payment of rent S.24Savings as to acceptance of rent S.25Where there shall be a waiver of default

Ch. VIIS

ub-tenancies

S.26Creation and termination of sub-tenancy to be notified

Ch. VIIIP

enalties

S.27Penalty for cutting off or withholding of essential supply or service S.28Penalty for charging rent in excess of fair rent S.29Penalty for contravention of provisions for restriction on subletting S.30Penalty for contravention of section 14 S.31Penalty for contravention of provisions of section 10 S.32Penalty for refusal by landlord to grant receipt for rent paid S.33Penalty for untrue statement in the application of tenant for deposit of rent S.34Penalty for refusal to accept rent without reasonable cause

Ch. IXE

ssential repairs

S.35Making of repair and taking of measures for maintenance of essential service S.36Taking of measures by tenant in case of emergency S.37Tenant may get supply of electricity to the premises without permission of the landlord

Ch. XA

ppointment of Controller and other officers

S.38Appointment of Controller, Additional Controller, Deputy Controller and Registrar S.39Powers of Controller S.40Application of the Limitation Act, 1963 to proceedings and appeals S.41Bar to proceedings S.42Final hearing of applications

Ch. XIA

ppeal, revision and review

S.43Appeal, revision and review S.44Jurisdiction of civil courts barred in respect of certain matters save as otherwise expressly provided in the Act

Ch. XIIMis

cellaneous

S.45Repeal and savings S.46Proceedings to be deemed to have been validly continued S.47Power to make rules