West Bengal Premises Tenancy Act, 1997
No: 38 Dated: Dec, 28 1998
THE WEST BENGAL PREMISES TENANCY ACT, 1997
West Bengal Act XXXVII of 1997
An Act to provide for the regulation of certain incidents of tenancy of premises in Calcutta, Howrah and some other areas in West Bengal.
Whereas it is expedient to provide for the regulation of certain incidents of tenancy of premises in Calcutta, Howrah 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, 1997.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
(3) It extends to the areas included within the limits of the Calcutta Municipal Corporation and the Howrah Municipal Corporation and to the municipal areas within the meaning of the West Bengal Municipal Act, 1993:
Provided that the State Government may, by notification, extend this Act or any provision thereof to any other area specified in the notification, or may, by notification, exclude any area from the operation of this Act or any provision thereof.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context, -
(a) "Controller" means a Controller appointed under sub-section (1) of section 38, and includes an Additional Controller or Deputy Controller appointed under sub-section (2) of that section;
(b) "fair rent" means the rent fixed under section 17;
(c) "landlord" includes any person who, for the time being, is receiving, or is entitled to receive, the rent for any premises, whether on his own account or on account of, or on behalf of, or for the benefit of, any other person or as a 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;
(d) "notification" means a notification published in the Official Gazette;
(e) "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, and
(ii) any furniture supplied by the landlord, 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;
(f) "prescribed" means prescribed by rules made under this Act;
(g) "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 termination of his tenancy and, in the event of death of any tenant, also includes, for a period not exceeding five years from the date of death of such tenant or from the date of coming into force of this Act, whichever is later, his spouse, son, daughter, parent and the widow of his predeceased son, who were ordinarily living with the tenant up to the date of death of the tenant as the members of his family and were dependent on him and who do not own or occupy any residential premises, and [in respect of premises let out for non-residential purpose his spouse, son, daughter and parent who were ordinarily living with the tenant up to the date of his death as members of his family and were dependant on him or a person authorised by the tenant who is in possession of such premises,] but shall not include any person against whom any decree or order for eviction has been made by a court of competent jurisdiction:
Provided that the time limit of five years shall not apply to the spouse of the tenant who was ordinarily living with the tenant up to his death as a member of his family and was dependent on him and who does not own or occupy any residential premises:
Provided further that the son, daughter, parent or the widow of the predeceased son of the tenant who was ordinarily residing with the tenant in the said premises up to the date of death of the tenant as a member of his family and was dependent on him and who does not own or occupy any residential premises, shall have a right of preference for tenancy in a fresh agreement in respect of such premises [on condition of payment of fair rent]. This proviso shall apply mutatis mutandis to premises let out for non-residential purpose.