West Bengal Premises Tenancy Act, 1956
No: 12 Dated: Mar, 30 1956
THE WEST BENGAL PREMISES TENANCY ACT, 1956
West Bengal Act XII of 1956
An Act to provide for the regulation of certain incidents of tenancy of premises in Calcutta and some other areas in West Bengal.
It is hereby enacted as follows :-
CHAPTER I
Preliminary.
1. Short title, commencement and extent. - (1) This Act may be called the West Bengal Premises Tenancy Act, 1956.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
(3) It extends to the whole of Calcutta and to all areas which have been or may hereafter be constituted municipalities under the provisions of the Bengal Municipal Act, 1932:
Provided that the State Government may, by notification, extend this Act or any part thereof to any other area specified in the notification, or may, by notification, exclude any area from the operation of this Act or any specified part thereof:
Provided further that this Act shall not apply -
(a) to any premises belonging to any local authority,
(b) to any premises belonging to or requisitioned by Government, or
(c) to any tenancy created by Government in respect of any premises taken on lease by Government.
Explanation. - For the purpose of this section, the expression "local authority" shall include the Board called the Trustees for the improvement of Calcutta, referred to in section 3 of the Calcutta Improvement Act, 1911, as well as any body corporate or authority that may hereafter be constituted under any law for the time being in force for the improvement of any municipality, town or cantonment.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context, -
(a) "Calcutta" means the area described in Schedule I to the Calcutta Municipal Corporation Act, 1980;
(b) "Controller" means a Controller appointed under sub-section (1) of section 26 and includes an Additional Controller and a Deputy Controller appointed under sub-section (2) of that section;
(c) "fair rent" in relation to any premises means the fair rent referred to in section 8 or where the fair rent has been increased under section 9 such increased rent or where the fair rent has been revised under section 11 such revised rent;
(cc) "hotel or lodging house" means an establishment where lodging with or without board or other service is provided for a monetary consideration;
(d) "landlord" includes any person who, for the time being, is entitled to receive or but for a special contract, would be entitled to receive, the rent of any premises, whether or not on his own account;
(dd) "manager of a hotel" includes any person in charge of the management of a hotel;
(e) "notification" means a notification published in the Official Gazette;
(ee) "owner of a lodging house" means any person who for the time being is receiving any monetary consideration from any person on account of board or lodging, or other service in the lodging house, and includes any person who is entitled to institute a suit for the recovery of such monetary consideration;
(f) "premises" means any building or part of a building or any hut or part of a hut let separately and includes -
(i) the gardens, grounds and out-houses, if any, appertaining thereto,
(ii) any furniture supplied or any fittings or fixtures affixed for the use of the tenant in such building or part of a building or hut or part of a hut,
but does not include a room in a hotel or a lodging house;
(g) "prescribed" means prescribed by rules framed under this Act;
(h) "tenant" means any person by whom or on whose account or behalf, the rent of any premises is, or but for a special contract would be, payable and includes any person continuing in possession after the termination of his tenancy or in the event of such person's death, such of his heirs as were ordinarily residing with him at the time of his death, but shall not include any person against whom any decree or order for eviction has been made by a Court of competent jurisdiction.