West bengal premises tenancy act, 1956 latest laws. Law library west bengal premises tenancy act1997 6. The tenancy was, according to the plaintiff, for a period of five years only and was determined in terms of a notice dated 14th january, 2000 issued under section 6 of the west bengal premises tenancy act and section 106 of the transfer of property act. An act to provide for the regulation of certain incidents of tenancy of premises in calcutta and some other areas in west bengal.
I landlord and tenant share same discount factor, west bengal premises tenancy act, 1997 west bengal act xxxvii of 1997 assent of the president of india was first published in the calcutta gazette, extraordinary, part iii, of the 28th december, 1998 an act to provide for the regulation of certain incidents of tenancy of premises in calcutta, howrah and some other areas in west bengal. The state assembly has passed on 26th november 1997 the west bengal premises tenancy bill, 1996, after its modification by the select committee, making contracts legally binding on tenants beyond certain rent cutoffs. A tenant namely a died on 04102010 leaving seven legal heirs behind himself. Protection of tenants against eviction bibliography. Whether protection under 71 and 72 of premises tenancy act is available for default in payment of rent. Premises tenancy act 1997 to be amended kolkata news. What is the current status of rent control laws in india and what are their main provisions when. The governor of state of west bengal has acquired under the provisions of the west bengal industrial infrastructure development corporation act, 1974 act xxv of 1974 the land acquisition act, 1894 act i of 1894 west bengal land requisition and acquisition act, 1948 west bengal act. The tenancy in kolkata is both governed by west bengal premises tenancy act and transfer of property act depending upon the rate of rent. West bengal government premises tenancy regulation act, 1976, section 2b corporation whether government undertaking west bengal small industries development corporation constituted for allotment of industrial plots at concessional rates to to set up factories corporation is registered under companies act corporation is under administrative control of state. West bengal premises tenancy act india study channel.
Rationale behind enacting this act regulation of relationship between landlord and tenant to provide an expeditious mechanism for settlement of their disputes not only providing benefit to. Cerlain provisions of he act not to apply lo ccrtnjn icnscs. The west bengal premises tenancy act, 1956 tenth edition. So you first mention the rate of rent so that it could be understood the law governing the subject as the rent act in west bengal strictly in favour of the tenant and hence it. When a tenant can get the benefit of protection against eviction. Recovery of the possession under west bengal premises. West bengal premises tenancy bill accommodation times. West bengal is the thirteenthlargest indian state, with an area of 88,752 km 2 34,267 sq mi. West bengal premises tenancy rules, 1999 bare acts live. The government may, for reasons to be recorded in writing and by notification in the official gazette, direct that all or any of the provisions of this act shall not apply to any class of premises or to any premises in any specified area. The land reform in west bengal has two important components. An act to provide for the regulation of certain incidents of tenancy of premises in calcutta, howrah and some other areas in west. Any tenancy created by a grant from the government in respect of the premises taken on lease or requisitioned, by the government. Protection of tenant against eviction 1 notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract, no order or decree for the recovery of the possession of any premises shall be made by the civil judge.
With the passing of the west bengal premises tenancy amendment bill on wednesday, the lawmakers made an attempt to resolve an old urban con. Whereas it is expedient to provide for the regulation of certain ncidents of tenancy of premises in calcutta, howrah and some other areas in west bengal. Bengal and upload the same along with soft copy of the annual volume of acts in. Protection of tenants against eviction legal news law.
The west bengal government premises tenancy regulation act. West bengal premises tenancy act, 1997 pdf the west bengal premises tenancy act, 1997. As the new legislation develops out of the bill, it will apply to residential and commercial tenants in equal. Analysis of evidence on how contracts and productivity changed after a tenancy reform program was implemented in the indian state of west bengal in the late 1970s suggests that tenancy reform had a positive effect. Attempt was made to simplify the process of mutation in 2009. Application filed by landlord for fixation of fair rent in 2007 withdrawn before rent controller in 2015. Wbxpress west bengal government notification skip to primary navigation.
The defendantstenants at first contested the suits but then stopped appearing in the suits. Section 6 of the west bengal premises tenancy act, 1977 deals with the protection of tenants against eviction. Synopsis of the section 6 of the west bengal premises tenancy act, 1977. Collection of west bengal government notification, memorandum, act, rule, circular, govt. The west bengal government premises tenancy regulation act, 1976. The provisions of this act shall have effect notwithstanding anything. A tenancy in respecl of a government premises shall be tenancy lo. The question is under the west bengal premises tenancy act, 1997, as amended. It is hereby enacted in the twentyseventh year of the republic of india, by ihe legislature of west bengal, as follows. It excludes any other consent, namely, oral consent or implied consent. From remnants of the colonial era to fiery reds of goddess kali, the modern west bengal has come a long way.
West bengal premises tenancy act, 1997 latest laws. The tamil nadu buildings lease and rent control act, 1960. With over 91 million inhabitants as of 2011, it is indias fourthmost populous state. An act to provide for the regulation of certain incidents of tenancy of premises in. My grandmother filed eviction suit against our tenants on the ground of non payment of rent in the year 1997. It is hereby enacted in the fortyeighth year of the republic of india, by the legislature of west bengal, as follows. The question is under the west bengal legal advice. The west bengal premises tenancy act, 1997 hooghly. The learned court also considered the provisions under section 4 of the west bengal premises tenancy amendment act, 2010 in respect of saving of anything done or any action taken or purported to have been taken or done under the principal act for the period from 10072001 to 1092001. Law library west bengal premises tenancy act 1997 6. Improving land governance in west bengal state report land. Schedule i of the calcutta municipal act, 1951, as deemed.
West bengal act xii of 1956 the west bengal premises tenancy act, 1956. The west bengal premises tenancy amendment act, 2010. The west bengal government premises tenancy regulation. Edited by gayatri mishra support the voice of unsung heroes and extraordinary citizens. The appellants opposed the application under article 227 of the constitution of india contending inter alia that the dispute between the appellants and the respondents, who are landlords and tenants respectively, can only be decided by a civil judge in accordance with the provisions of the west bengal premises tenancy act, 1997 for short the. Calcutta, howrah and some other areas in west bengal. West bengal premises tenancy act 1997 complete act. We are the landlord and filed eviction suit against my tenant under west bengal premises tenancy act, 1997. Pasupati nath auddya 2002 3 scc 617, which also arose out of the west bengal premises tenancy act, it was held that under subsection 2a of section 17 of the act, the court has a power to extend the period for depositing the rent in the event of default by the tenant to deposit the rent within a stipulated time.
Prior to 1949, within the municipal limits of calcutta and howrah in the state of west bengal, there existed a category of tenancy known as thika tenancy. West bengal premises tenancy act, 1997 for short the. The tenant in entitled to protection from eviction if he can prove that for creating the subtenancy there was a written consent of the landlord. An act to provide for the regulation of certain incidents of tenancy of premises in calcutta, howrah and some other areas in west bengal. The west bengal premises tenancy act, 1997 2008 edition. The west bengal premises tenancy act, 1956 keywords. Act xii of 1956, or in any other law for the time being in force, for the purpose of assessment of the property tax, the annual. Under such ystem of tenancy, vacant land was leased by the landlord to a tenant with liberty to erect structures thereupon of a temporary nature, which were referred to as kutcha structures. Bengal premises tenancy act, 19562 which was the subject matter. Act 2 it extends to the whole of west bengal except the areas described in xxxiii of 1951. Keywords government undertaking, premises, prescribed authority. It states that 1 notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract, no order or decree for the recovery of the possession of any premises shall be. Wb524 28th december, 1998 assent of the president of india was first published in the calcutta gazette, extraordinary, of the 28th december, 1998. The west bengal nonagricultural tenancy act, 1949 keyword.
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