THE WEST BENGAL PREMISES REQUIREMENT AND CONTROL (TEMPORARY PROVISIONS) (SECOND AMENDMENT) ACT, 1986
West Bengal Act V of 1947
(For Statement of Objects and Reasons, see the Calcutta Gazette, Extraordinary, dated the 19th November, 1947, Part IV, page 271; for proceedings of the West Bengal Legislative Assembly, see the proceedings of the meeting of the West Bengal Legislative Assembly held on the 26th November, 1947.)
AMENDED
West Ben. Act IV of 1949.
West Ben. Act XV of 1950.
West Ben. Act X of 1953.
West Ben. Act VII of 1954.
West Ben. Act IX of 1957.
West Ben. Act II of 1960.
West Ben. Act IX of 1963.
West Ben. Act XXIX of 1963.
West Ben. Act X of 1966.
West Ben. Act V of 1969.
West Ben. Act XIV of 1974.
West Ben. Act LXX of 1978.
West Ben. Act XL of 1983.
West Ben. Act I of 1985.
West Ben. Act IV of 1986.
West Ben. Act XXVII of 1986.
ADAPTED
The Adaptation of Laws Order, 1950
[1st January, 1948.]
An Act to provide for the requisition and control of premises in West Bengal.
WHEREAS it is expedient to provide for requisition and control of premises in West Bengal;
It is hereby enacted as follows:—
CHAPTER I
Preliminary
Short title, commencement, extent and duration
1. (1) This Act may be called the West Bengal Premises Requisition and Control (The words and brackets “(Temporary Provisions”) were omitted by s.2(a) of the West Bengal Premises Requirement and Control (Temporary Provisions) (Second Amendment) Act, 1986 (West Ben. Act XXVII of 1986).) * * * Act, 1947.
(2) It shall come into force on such date (This Act came into force from the date on which the West Bengal Premises (Requisition and Eviction) Ordinance, 1947 (West Ben. Ord X of 1947), ceased to operate, vide notification No. IL, Ref., dated the 1st January, 1948, published at page 2 of the Calcutta Gazette, Extraordinary, of the 1st January, 1948.) as the State (This word was substituted for the word “Provincial” by para.4(1) of the Adaptation of Laws Order, 1950.) Government may, by notification in the Official Gazette, direct.
(3) It extends to the whole of West Bengal.
(Sub-section (4) was omitted by s.2(b) of the West Bengal Premises Requisition and Control (Temporary Provisions) (Second Amendment) Act. 1986 (West Ben. Act XXVII of 1986).) * * *
Definitions
2. In this Act, unless there is anything repugnant in the subject or context,—
(a) “Calcutta” has the same meaning as in clause (II) of section 3 of the Calcutta Municipal Act, 1923 (The Calcutta Municipal Act, 1923 (Ben. Act III of 1923), was repealed and re-enacted by the Calcutta Municipal Act, 1951 (West Ben. Act XXXIII of 1951).);
(This clause (b) was substituted for the original clause by s.2(1) of the West Bengal Premises Requisition and Control (Temporary Provisions) Amendment Act, 1949 (West Ben. Act IV of 1949).) (b) “Collector” means—
(i) in Calcutta, the First Land Acquisition Collector, and
(ii) elsewhere, the Collector of a district,
and includes any other officer (For notification:—
(a) appointing the senior Deputy Collector of the district of Bankura to discharge the functions of a Collector under the Act, see notification No.4046 Regn., dated 19.5.48, published in the Calcutta Gazette, of 1948, Part I, page 684;
(b) relating to discharge of the functions of a Collector by the Collector, Burdwan, in the said district, see notification No.4258 Regn., dated 21.4.50, published in the Calcutta Gazette of 1950, Part I, page 662.) appointed by the (This word was substituted for the word “Provincial” by para.4(1) of the Adaptation of Laws Order, 1950.) State Government to discharge the functions of a Collector under this Act whether in Calcutta or elsewhere;
(c) “landlord” means any person who for the time being is receiving, or is entitled to receive, the rent of any premises whether on his own account, or on account or on behalf or for the benefit, of any other person, or as trustee, guardian or receiver for any other person or who would so receive the rent or be entitled to receive the rent if the premises were let to a tenant and includes a legal representative, as defined in the Code of Civil Procedure, 1908, (These words were substituted for the words “a tenant who sublets any premises, and every person from time to time deriving title under a landlord” by s.2(2) of the West Bengal Premises Requisition and Control (Temporary Provisions) Amendment Act, 1949 (West Ben. Act IV of 1949).) [of the landlord];
(d) “persons interested” means any person claiming an interest in compensation payable on account of requisition of any premises under this Act;
(This clause (c) was substituted for the original clause by s.2(3) of the West Bengal Premises Requisition and Control (Temporary Provisions) Amendment Act, 1949 (West Ben. Act IV of 1949).) (e) “premises” means any building or part of a building or any hut or part of a hut and includes the garden, grounds and out-houses (if any) appertaining to such building or part of a building or hut or part of a hut and also includes a room or rooms in an hotel, boarding house or lodging house;
(f) “prescribed” means prescribed by rules made under this Act;
(Clause (ff) was substituted for the existing clause (ff) by s.3 of the West Bengal Premises Requisition and Control (Temporary Provisions) (Second Amendment) Act, 1963 (West Ben. Act XXIX of 1963).) “public purpose” includes providing residential accommodation for employees of the State Government where the provision of such accommodation is, in the opinion of the State Government, necessary in the interest of public service;
(g) “tenant” means any person by whom, or on whose account, rent is or but for a special contract would be, payable for any premises and includes a legal representative as defined in the Code of Civil Procedure, 1908, (These words were inserted by s.2(4) of the West Bengal Premises Requisition and Control (Temporary Provisions) Amendment Act, 1949 (West Ben. Act IV of 1949).) [of the tenant] and a person continuing in possession after the termination of a tenancy in his favour.
CHAPTER II
Requisition of premises for any public purposes
Power to requisition
(As to the validity of orders made under section 3, vide s.12, ibid.) 3. (1) Whenever it appears to the State (This word was substituted for the word “Provincial” by para. 4(1) of the Adaptation of Laws Order, 1950.) Government that any premises in any locality are needed or are likely to be needed for any public purpose, it may, by order in writing, requisition such premises (These words were inserted by s.3(1) of the West Bengal Premises Requisition and Control (Temporary Requisition)) [either with or without any or all of the furniture, if any, in such premises];
Provided that no premises exclusively used for the purpose of religious worship shall be requisitioned under this section.
(This sub-section (2) was substituted for the original sub-section (2) by s.3(2) of the West Bengal Premises Requisition and Control (Temporary Provisions) Amendment Act, 1949 (West Ben. Act IV of 1949).) (2) An order under sub-section (1) shall be served in such manner as may be prescribed on the landlord, and where it relates to premises let out to a tenant, also on such tenant.
(3) The State (This word was substituted for the word “Provincial” by para. 4(1) of the Adaptation of Laws Order, 1950.) Government may, with a view to requisitioning any premises under sub-section (1), by order,—
(a) require any person to furnish to such authority as may be specified in the order, such information in his possession relating to the premises as may be so specified;
(This clause (b) was substituted for the original clause (b) by s.4 of the West Bengal Premises Requisition and Control (Temporary Provisions) (Amendment) Act, 1954 (West Ben. Act VII of 1954).) (b) direct that until the expiry of such period not exceeding three months as may be specified in the order, the landlord, the tenant or any other person in occupation o the premises shall not let out the premises without the permission of the State Government or such other authority as may be specified in the order.
(4) An order passed under sub-section (1) shall be final and whenever such order has been passed, the (This word was substituted for the word “Provincial” by para. 4(1) of the Adaptation of Laws Order, 1950.) State Government shall direct the Collector to take such further action as is necessary in connection with the requisitioning of the premises in accordance with the provisions of this Act (These words were added by s.3(4) of the West Bengal Premises Requisition and Control (Temporary Provisions) (Amendment) Act, 1949 (West Ben. Act IV of 1949).) [and to take possession of the premises requisitioned.]
(5) Without prejudice to any other powers conferred by this Act, the Collector may authorise any person to enter and inspect any premises between sunrise and sunset for the purpose of determining whether, and if so in what manner, an order under this section should be made in relation to any premises or with a view to securing compliance with any order made under this Act.
(6) In connection with any inquiry under this Act the Collector may be written order require any person to produce for his inspection any documents relevant to the inquiry at such time and place, as may be specified in the order, and enforce the attendance of witnesses or compel the production of documents by the same means, and so far as may be, in the same manner as is provided in the case of a court by the Code of Civil Procedure, 1908.
(This word was substituted for the word “Provincial” by para. 4(1) of the Adaptation of Laws Order, 1950.)
Power to order vacation of premises or for execution of repairs
4. (Existing section 4 was renumbered as sub-section (1) of that section and in sub-section (1) of that section as so renumbered, for clause (3), new clause (a) and (aa) were substituted by s.4(1)(a) of the West Bengal Premises Requisition and Control (Temporary Provisions) Amendment Act, 1949 (West Ben. Act IV of 1949).) (1) Where any premises are requisitioned under this Act, the Collector may by notice in writing—
(Existing section 4 was renumbered as sub-section (1) of that section and in sub-section (1) of that section as so renumbered, for clause (3), new clause (a) and (aa) were substituted by s.4(1)(a) of the West Bengal Premises Requisition and Control (Temporary Provisions) Amendment Act, 1949 (West Ben. Act IV of 1949).) (a) order the person in occupation of the premises, if any, to vacate the premises within a period of ten days from the service of the notice;
(aa) order the landlord or the tenant, as the case may be, to remove the articles belonging to him, if any, and, where the premises are requisitioned without any furniture therein, such furniture, within a period of fifteen days from the service of the notice:
Provided that the Collector may, for reasons to be recorded in writing, extend the said period up to two months:
(This proviso was added by s.3 of the West Bengal Premises Requisition and Control (Temporary Provisions) (Second Amendment) Act, 1986 (West Ben. Act XXVII of 1986).) Provided further that no such notice shall be necessary where the premises are lying vacant, not being actually used either by the landlord or by the tenant, or where the premises are requisitioned for a person who is already in possession and such premises as a tenant;
(b) order the landlord to execute such repairs as may be specified in the notice within such time as may be specified therein;
(c) if a landlord fails to execute any repairs in pursuance of an order under clause (b) the Collector may cause the repairs specified in the order to be executed at the expense of the landlord and the cost thereof may, without prejudice to any other mode of recovery, be deducted from the compensation payable (The words “to the landlord” were omitted by s.4(1)(b) of the West Bengal Premises Requisition and Control (Temporary Provisions) Amendment act, 1949 (West Ben. Act IV of 1949).) * * *.
(Sub-section (2) and (3) were added by s.4(2), ibid.) (2) Where any person fails to comply with an order under clause (aa) of sub-section (1), directing any furniture or other article to be removed, the Collector may cause such furniture or other articles to be removed and to be stored or sold by public auction in such manner as the Collector may think fit at the cost and risk of such person:
Provided that no furniture, or other articles shall be sold by public auction in pursuance of the provisions of this sub-section without the previous sanction of the State (This word was substituted for the word “Provincial” by para. 4(1) of the Adaptation of Laws Order, 1950.) Government or such other authority as may be empowered in this behalf by the State (This word was substituted for the word “Provincial” by para. 4(1) of the Adaptation of Laws Order, 1950.) Government.
(Sub-sections (2) and (3) were added by s.4(2), ibid.) (3) Where any furniture or other articles are removed and are stored or sold by public auction in pursuance of the provisions of sub-section (2), the cost of such removal and of such storage or sale, as the case may be, may, without prejudice to any other mode of recovery, be deducted from the compensation payable or from the sale proceeds, if any, and the balance of the sale proceeds, if any, after such deduction, shall be paid to the owner of such furniture or other articles, as the case may be:
Provided that if any dispute arises as to the person or persons to whom the amount of such balance or any part thereof is payable, the Collector shall keep the amount in revenue deposit till there has been a settlement of the dispute.
Easement, etc., not to be disturbed
5. No landlord or any contractor, workman or servant employed by him shall without the previous written consent of the Collector or except for the purposes of effecting repairs or complying with a municipal requisition, willfully disturb any convenience or easement attached to any premises requisitioned under this Act, or remove, destroy or render unserviceable anything provided for permanent use therewith or discontinue or cause to be discontinued any supply or service provided for the premises.
Landlord to maintain supplies and make necessary repairs in requisitioned premises
(Section 5A was inserted by s.4 of the West Bengal Premises Requisition and Control (Temporary Provisions) (Second Amendment) Act, 1963 (West Ben. Act XXIX of 1963).) (1) The landlord of any premises requisitioned under this Act shall be bound at his own expenses to maintain therein such supplies and services as were provided by him for the premises immediately before the date of requisition and to make in the premises such repairs, not being petty repairs, as the Collector may consider necessary for the proper use and occupation thereof.
Explanation.—For the purposes of this section, “petty repairs” means repairs which do not cost more than ten rupees on any one account in a period of twelve calendar months.
(2) If, in respect of any premises, the Collector is satisfied that it is necessary to take any measures for the maintenance of any supply or service or for the making of any repairs which the landlord is, under sub-section (1), bound to maintain or make, the Collector may, by order served in the prescribed manner, require the landlord to take such measures within such time as may be specified in the order for maintaining the supply or service or for making the repairs, as the case may be.
(3) If the landlord fails to comply with an order made by the Collector under sub-section (2), the Collector may himself, if the estimated cost of the proposed measures does not exceed one hundred and fifty rupees, or with the previous sanction of the State Government where it so exceeds, cause the measures specified in the order to be taken and the cost thereof may, without prejudice to any other mode of recovery, be deducted from the compensation payable to the landlord:
Provided that the amount which may be so deducted in any year shall not exceed thirty-three and one-third per cent of the total compensation payable to the landlord in respect of the premises for that year.
Disposal of premises after requisition
6. When (These words, figures and brackets within square brackets were substituted for the words, figures and brackets “the Provincial Government has requisitioned any premises under sub-section (1) of section (3), it” by s.5 of the West Bengal Premises Requisition and Control (Temporary Provisions) Amendment Act, 1949 (West Ben. Act IV of 1949).) [any premises have been requisitioned under sub-section (1) of section 3, the State (This word was substituted for the word “Provincial” by para.4(1) of the Adaptation of Laws Order, 1950.) Government] (These words were substituted for the words “may use or deal with it in such manner as may appear to it to be expedient” by s.5 of the West Bengal Premises Requisition and Control (Temporary Provisions) (Amendment) Act, 1954 (West Ben. Act VII of 1954).) [may use or deal with them, for such public purpose and in such manner as may appear to it to be expedient].
Power to evict from requisitioned premises for breach of terms of tenancy
7. (These words were substituted for the words “may use or deal with it in such manner as may appear to it to be expedient” by s.5 of the West Bengal Premises Requisition and Control (Temporary Provisions) (Amendment) Act, 1954 (West Ben. Act VII of 1954).) (1) Notwithstanding anything contained in any other law for the time being in force, where any person in occupation of any requisitioned premises—
(a) uses the premises or allows the premises to be used wrongfully or in such manner as, in the opinion of the Collector, deteriorates or is likely to deteriorate the condition of the premises materially; or
(b) sublets without due authority the whole or any part of the premises; of
(c) fails or neglects to pay the rent or other sum payable by him for the occupation of the premises or for the use of any furniture therein; or
(d) otherwise acts in contravention of any of the terms, express or implied, of his tenancy or other like relationship created by the State (This word was substituted for the word “Provincial” by para.4(1) of the Adaptation of Laws Order, 1950.) Government in respect of the premises,
(These words within the square brackets were substituted for the words beginning with “the Collector may”, and ending with “service of the notice” by s.6 of the West Bengal Premises Requisition and Control (Temporary Provisions) (Amendment) Act, 1954 (West Ben. Act VII of 1954).) [the Collector may—
(i) by notice served in the prescribed manner order such person or any other person found in occupation of the premises to vacate the premises within fourteen days of the service of the notice; and
(ii) recover as a public demand, the rent or other sum referred to in clause (c), which rent or other sum is hereby declared to be a public demand, without prejudice to any other mode of recovery that may lie therefor.]
(2) Action may be taken under this section even if any proceedings for possession are pending in respect of the premises and upon such action being taken, the said proceedings shall forthwith be vacated.
Appeal
8. Any person aggrieved by an order under section 7 may, within seven days of the receipt thereof, appeal in writing to the Commissioner of the Division who may, after calling for a report from the Collectors and after making such further inquiry, if any, as he thinks fit, (These words were inserted by s.7, ibid.) [and after giving such person an opportunity of being heard] pass an order determining the appeal.
Non-compliance with orders
9. If any person fails to comply with an order made under (These words within the square brackets were substituted for the words “clause (a) of section 4” by s.8(1), ibid.) [clause (a) of sub-section (1) of section 4] or under section 7, the Collector or any person authorised by him in writing in this behalf, shall execute the order in such manner as he considers expedient (These portions within the square brackets were added by s.7 of the West Bengal Premises Requisition and Control (Temporary Provisions) Amendment Act, 1949 (West Ben. Act IV of 1949).) [and may,—
(a) if he is a Magistrate, enforce the (These words within brackets were substituted for the word “surrender” by s.8(2) of the West Bengal Premises Requisition and Control (Temporary Provisions) (Amendment) Act, 1954 (West Ben. Act VII of 1954).) (delivery of possession) of the premises in respect of which the order has been made to himself, or
(b) if he is a Magistrate, apply to a Magistrate, or, in Calcutta, to the Commissioner of Police, and such Magistrate or Commissioner, as the case may be, shall enforce the (These words within brackets were substituted for the word “surrender” by s.8(3) of the West Bengal Premises Requisition and Control (Temporary Provisions) (Amendment) Act, 1954 (West Ben. Act VII of 1954).) (delivery of possession) of such premises to him.]
Release from requisition
(Section 10 was substituted for the original section 10 by s.9, ibid.) 10. (1) Where any premises are to be released from requisition made under this Act, the State Government shall, after such inquiry as it deems necessary to make or to cause to be made, specify by order in writing the person to whom delivery of possession of the premises shall be made:
(This proviso was added by s.4 of the West Bengal Premises Requisition and Control (Temporary Provisions) (Second Amendment) Act, 1986(West Ben. Act XXVII of 1986).) Provided that where the public purposes for which any requisitioned premises were being used cease to exist, the State Government shall release the premises, as soon as may be, from requisition.
(2) The delivery of possession of such premises to the person specified in the order made under sub-section (1) shall be a full discharge of the State Government from all liability of the State Government for any claim for compensation or other claim in respect of such premises for any period after the date of delivery but shall not prejudice any right in respect of such premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.
(3) Where the person specified in the order made under sub-section (1) cannot be found or is not readily traceable or has no agent or other person empowered to accept delivery on his behalf (These words within the square brackets were inserted by s.3 of the West Bengal Premises Requisition and Control (Temporary Provisions) (Amendment) Act, 1966 (West Ben. Act X of 1966).) [or fails to accept delivery], the State Government shall publish in the Official Gazette a notice declaring that such premises are released from requisition and shall cause a copy thereof to be affixed on some conspicuous part of such premises.
(4) When a notice referred to in sub-section (3) is published in the Official Gazette, the premises specified in such notice shall cease to be subject to requisition on and from the date of such publication and shall be deemed to have been delivered to the person specified in the order made under sub-section (1); and the State Government shall not be liable for any compensation or other claim in respect of such premises for any period after the said date.
Duration of requisition
(Sections 10A and 10B were inserted by s.5 of the West Bengal Premises Requisition and Control (Temporary Provisions) (Second Amendment) Act, 1986 (West Ben. Act XXVII of 1986).) 10A. For the removal of doubts, it is hereby declared that an order under sub-section (1) of section 3 shall remain valid and operative, and the State Government or any person in occupation of any premises requisitioned under the order as aforesaid shall continue to remain in possession thereof, so long as the public purpose exists.
Compulsory release from requisition
(Sections 10A and 10B were inserted by s.5 of the West Bengal Premises Requisition and Control (Temporary Provisions) (Second Amendment) Act, 1986 (West Ben. Act XXVII of 1986).) 10B. Notwithstanding anything contained in section 10 or section 10A, the State Government shall release from requisition any property requisitioned or deemed to be requisitioned under this Act on or before the expiry of a period of twenty-five years from the date of such requisition:
Provided that the benefit of this section shall not be available until after the expiry of a period of five years from the date of coming into force of the West Bengal Premises Requisition and Control (Temporary Provisions) (Second Amendment) Act, 1986.
CHAPTER III
Provisions regarding compensation
Procedure for fixing compensation
11. (1) Where any premises are requisitioned under this Act, there shall be paid to all persons interested compensation the amount of which shall be determined in the manner, and in accordance with the principles hereinafter set out, namely—
(a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement;
(b) where no such agreement can be reached, the State (This word was substituted for the word “Provincial” by para.4(1) of the Adaptation of Laws Order, 1950.) Government shall appoint a District Judge or an Additional District Judge as arbitrator;
(c) the State (This word was substituted for the word “Provincial” by para.4(1) of the Adaptation of Laws Order, 1950.) Government may, in any particular case, nominate a person having expert knowledge as to the nature of the premises requisitioned, to assist the arbitrator, and where such nomination is made, the person to be compensated may also nominate an assessor for the said purpose;
(d) at the commencement of the proceedings before the arbitrator, the State (This word was substituted for the word “Provincial” by para.4(1) of the Adaptation of Laws Order, 1950.) Government and the person to be compensated shall state what in their respective opinions is a fair amount of compensation;
(Clause (c) was substituted for the existing clause (e) by s.5 of the West Bengal Premises Requisition and Control (Temporary Provisions) (Second Amendment) Act, 1963 (West Ben. Act XXIX of 1963).) (c) the Arbitrator shall in, in determining the amount of compensation to be awarded to the landlord, have regard to the matters referred to in clauses (a), (b) and (c) of section 12;
Provided that notwithstanding anything contained in section 12—
(1) in the case of an entire premises which was constructed after the commencement of the West Bengal Premises Requisition and Control (Temporary Provisions) (Second Amendment) Act, 1963, the amount payable annually shall not exceed 6¾ per cent, of the sum total of the cost of construction of such premises and the market price of the land on the date of commencement of construction, together with one-half of the total amount of municipal rates and taxes payable annually in respect of such premises;
(2) in other cases, the amount payable shall not exceed—
(i) where the premises were let out on rent for a continuous period of not less than six months (The words within the square brackets were substituted for the word “immediately” by s.6 of the West Bengal Premises Requisition and Control (Temporary Provisions) (Amendment) Act, 1986 (West Ben. Act XXVII of 1986). [and ending within six months] before being requisitioned, such rent by more than ten per cent., or
(ii) where the premises were not so let out, such rent as would be reasonable having regard to the situation, locality and condition of the premises and the amenities provided therein and where there are similarly premises in the locality, having regard also to the rent payable in respect of such premises;
(f) an appeal shall lie to the High Court against an award of an arbitrator;
(g) save as provided in this section and in any rules made under this Act, nothing in any law for the time being in force (These words within the square brackets were inserted by s.10(2) of the West Bengal Premises Requisition and Control (Temporary Provisions) (Amendment) Act, 1954 (West Ben. Act VII of 1954).) [, relating to arbitration,] shall apply to arbitrations under this section.
(2) Compensation shall also be paid in respect of any damage done to the premises during the period of requisition other than what may have been sustained by normal wear and tear or by natural causes. When the amount of such compensation can be fixed by agreement, it shall be paid in accordance with such agreement, where no such agreement can be reached, the matter shall be referred to the arbitrator.
Matters to be considered in fixing compensation by agreement
12 * * (The figure and brackets “(1)” were omitted by s.8(1) of the West Bengal Premises Requisition and Control (Temporary Provisions) Amendment Act, 1949 (West Ben. Act IV of 1949).) In determining the amount of compensation which may be fixed by agreement under clause (a) of sub-section (1) of section 11, the Collector shall take into consideration—
(a) the rent payable in respect of the premises (The words within square brackets were added by s.8(2), ibid.) [including, where the premises are requisitioned with any furniture therein, the charges for the use of such furniture];
(b) If, in consequence of the requisition of the premises, the person interested is compelled to change his residence or place of business (These words within square brackets were inserted by s.8(3)(a) of the West Bengal Premises Requisition and Control (Temporary Provisions) Amendment Act, 1949 (West Ben. Act IV of 1949).) [or to remove his furniture or other articles to any other place], the reasonable expenses (if any) incidental to such change (These words within square brackets were inserted by s.8(3)(b), ibid.) [or removal]; and
(c) the damage or loss of income (if any) sustained by the person interested between the date of service of the order under sub-section (1) or under clause (b) of sub-section (3) of section 3, as the case may be, on such person and the date when the Collector takes possession of the premises.
Persons with whom agreement is to be entered into
13. The Collector shall require into the respective rights of all persons interested in the premises and shall decide whether the compensation shall be paid to any such person periodically or in lump. If the compensation is to be paid periodically the Collector shall, having regard to the terms and conditions under which (These words within square brackets were substituted for the word “a tenant may be in occupation of the premises” by s.9, ibid.) [the premises may have been let out to a tenant], also decide whether the agreement, for payment of compensation referred to in section 11 shall be entered into with such tenant or with the immediate landlord of such tenant.
Deposit of compensation in case of dispute
14. When a dispute arises as to the person or persons to whom the amount of compensation or any part thereof is payable or as to the apportionment of the same or any part thereof, the Collector shall keep the amount in revenue deposit, till there has been a settlement of the dispute.
Increase or decrease in rent compensation
(Section 14A was inserted by s.7 of West Bengal Premises Requisition and Control (Temporary Provisions) (Amendment) Act, 1986 (West Ben. Act XXVII of 1986).) 14A. (1) The rent compensation of any premises shall be liable to be—
(a) increased or decreased where the rent compensation includes the tenant’s share of the municipal rates and taxes and there has been increase or decrease in such rates and taxes, by adding to the compensation payable for a year one half of the total amount of such increase in respect of such premises or by deducting from the rent compensation an amount proportionate to the decrease in the municipal rates and taxes, as the case may be, or
(b) increase, where the landlord incurs any expenditure on the improvement of structural alteration to the premises with the approval, in writing, of the State Government, by adding to the rent payable for a year ten per cent of the amount of such expenditure.
(2) The Collector shall, on application made to him by the landlord in the prescribed manner, fix in respect of any premises the increase or decrease referred to in sub-section (1):
Provided that the Collector may by notice in writing to the landlord suo motu decrease the rent compensation, if no application from the landlord for such decrease is received by him within a period of ninety days from the date on which the decrease in the municipal rates and taxes takes effect.
(3) (a) The rent compensation may be revised only if there has been an increase or decrease in the market value of the premises.
(b) Such revision shall be made on application made to the Collector by the landlord in the prescribed manner:
Provided that no such application shall be entertained until after the expiry of a period of five years from the date on which the compensation was last fixed:
Provided further that in the case of decrease in the market value of the premises, the Collector may by notice in writing to the landlord suo motu revise the rent compensation, if no application from the landlord for such revision is received by him within a period of ninety days from the expiry of the period of five years as aforesaid.
(4) The rent compensation of the premises payable for a year shall not be increased or decreased by revision by more than two and a half per cent, per annum of the difference between the market value of the premises as on the date of application under sub-section (3) or, in the case of suo motu revision, the date immediately following the date of expiry of five years and ninety days from the date on which the compensation was last fixed, as the case may be, and as on the date of the last fixation of the rent:
Provided that the rent so increased or decreased shall not exceed ten per cent of the existing rent of the premises:
Provided further that in respect of any promises which have been on requisition for a continuous period of not less than fifteen years and there has been no revision of rent compensation within the said period, such rent compensation shall not be increased by more than ten per cent for every five years of requisition.
[CHAPTER IV
Control of vacant premises
15 to 19.—Repealed by s.11 of the West Bengal Premises Requisition and Control (Temporary Provisions) (Amendment) Act, 1954 (West Ben. Act VII of 1954).]
CHAPTER V
Miscellaneous
Penalty
20. (1) Whoever contravenes any provision of this Act, or fails or neglects to obey any order made thereunder shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.
(2) No Court shall take cognizance of any offence punishable under sub-section (1) except on the complainant in writing of the Collector.
Saving as to orders
21. (1) No order made in exercise of any power conferred by or under this Act shall be called in question in any Court.
(2) Where an order purports to have been made and signed by any authority in exercise or any power conferred by or under this Act, a Court shall presume, within the meaning of the Indian Evidence Act, 1872, that such order was so made by that authority.
Protection of action taken under this Act
22. (1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any order made thereunder.
(2) Save as is otherwise expressly provided in this Act no suit or other legal proceeding shall lie against the State (This word was substituted for the word “Provincial” by para.4(1) of the Adaptation of Laws Order, 1950.) Government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act or any order made thereunder.
Repeal and saving
23. (1) On the expiry of the West Bengal Premises (Requisition and Eviction) Ordinance, 1947, the provisions of section 8 of the Bengal General Clauses Act, 1899, shall apply as if it were an enactment then repealed by a West Bengal Act.
(2) Any rules, orders and appointments made or anything done or any action taken or any proceedings commenced under any of the provisions of the said Ordinance shall continue in force in so far as they are consistent with this Act and shall be deemed to have been made, done, taken or commenced under the corresponding provision of this Act.
Power to make rules
24. (1) The State (This word was substituted for the word “Provincial” by para.4(1) of the Adaptation of Laws Order, 1950.) Government may make rules (For the West Bengal Premises Requisition and Control Rules, 1947, made under section 24 of the Act, see notification No.3775-L.A.(P.W.), dated 11.5.48, published in the Calcutta Gazette of 1948, Part I, pages 261-264, as subsequently amended from time to time.) for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—
(a) the manner of service of the orders referred to in sub-sections (2) and (3) of section3;
(b) the form and manner of service of notice referred to in section 4;
(c) the form and manner of service of notice referred to in sub-section (1) of section 7;
(d) the procedure to be followed in arbitrations and appeals under section 11, the period within which such appeals are to be field, the principles to be followed in apportioning the costs of proceedings before the arbitrator and on appeal and the fees to be paid to experts and assessors appointed under that section;
(Clauses (e) and (f) were omitted by s.12 of the West Bengal Premises Requisition and Control (Temporary Provisions) (Amendment) Act, 1954 (West Ben. Act VII of 1954).)
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