The act gives the nsw civil and administrative tribunal ncat power to hear and settle disputes about residential tenancies, including bond disputes. West bengal preservation of historical monuments and objects and excavation of archaeological sites act,1957. Protection of tenants against eviction legal news law. Pallawi resources ltd vs protos engineering company.
Amendment act, 2002 envisages to redefine the term tenant in such a manner. West bengal premises tenancy rules, 1999 bare acts live. The west bengal premises tenancy amendment act, 2010. This is a great initiative by the government to cut down on the multiple regulations that complicate the process of thika tenancy in west bengal. The said 1981 thika tenancy act has been repealed and replaced by the 2001 thika tenancy act west bengal thika tenancy acquisition and regulation act, 2001 some of the provisions of the 2001 thika tenancy act were amended with effect from 5th october, 2010, by the west bengal thika tenancy acquisition and regulation amendment act, 2010. Uprisings such as that in pabna caused great problems clarification needed. 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 west bengal public land eviction of unauthorised. A contractual tenant is someone who occupies the premises and is entitled to the possession of the premises. West bengal premises tenancy bill accommodation times.
Sub sections 4a and 4b were both inserted in section 17 by the west bengal premises tenancy amendment act, 2002 with retrospective effect from 10. West bengal thika tenancy acquisition and regulation act. 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. An act to amend the indian stamp act, 1899, in its application to west bengal. It is hereby enacted in the twentyseventh year of the republic of india, by ihe legislature of west bengal, as follows. The 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.
Assent of the governor was first published in the kolkata gazette, extraordinary, of the 5th october, 2010. West bengal land reforms and tenancy tribunal has been established with a view to expedite the disposal of disputes arising in respect of assessment of lands, imposition of penalties and allied matters. Another attempt was made in 1958 to plug certain loopholes of the 1952 act. At1 act ro provirlc for rltc spcerly evicrioi oj rrlarrrlrorised occrrponrs jhtl public iarls. The west bengal apartment ownership act, 1972 keywords. The question is under the west bengal premises tenancy act, 1997, as amended. Assent of the governor was first published in the kolkata gazette, extraordinary, of the 31st march, 2012. The prohibition of smoking in passenger vehicles act, 1953. West bengal premises tenancy act india study channel. The west bengal clinical establishment, act, 1950, and the refund of portion of application fees. The general scheme of the rent control act, that is, the tamil nadu buildings lease and rent control act 1960 and similar acts in other states in india, is to control rent and protect tenants. While the suit was pending, the west bengal premises tenancy amendment ordinance 6 of 1967, which was.
West bengal premises tenancy act 1997 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 paya ble, and includes any person continuing in possession after termination of his tenancy a nd, in the event of death of any tenant, also includes, for a period not exceeding fi. Tenancy acquisition and regulation act, 2001 west bengal act 32 of 2001 hereinafter referred to as the said act, in order to ensure effective implementation of. Cerlain provisions of he act not to apply lo ccrtnjn icnscs. Before you rent a property either as an owner or as a tenant, you must look out for certain points that guarantee you a safe transaction. Tenants rights factsheet 1 residential tenancies act 2010. New changes to thika tenancy in west bengal advocate. Act, 1954 west bengal clinical establishments registration and regulation act, 2010. 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 cxpcdicnl to provide for the speedy eviclion oi. The provision giving legal teeth to contracts will be triggered at a monthly rent of rs. Sep 30, 2011 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. The question is under the west bengal legal advice. An act to provide for the regulation of certain incidents of tenancy of premises in calcutta, howrah and some other areas in west bengal.
In 1949, the state of west bengal enacted the calcutta thika tenancy act. Statement of objects and reasons of the west bengal thika tenancy acquisition and regulation amendment bill, 2010 it is considered necessary and expedient to make, among others, the following changes in the west bengal thika. Government undertaking, premises, prescribed authority, tenant. West bengal act of 2015 the west bengal shops and establishments amendment act, 2015. West bengal premises tenancy act, 1997 for short the. Assent of the governor was first published in the kolkata gazette, extraordinary, of the 31st july, 2015. The west bengal premises tenancy act, 1997 hooghly. The paschim banga ayurvedic system of medicine act, 1961. If the bare land is let out by the government undertaking and it continues to be a bare l. West bengal act xii of 1956 the west bengal premises tenancy act, 1956. Subsection 1 of section 17 clearly states that the controller shall be the authority to fix the rent in respect of any premises in accordance with the provisions of that act. Thus, according to the learned tribunal, both the conditions to become a thika tenant under the west bengal thika tenancy acquisition and regulation act, 2001, i. Jun 06, 2018 law library west bengal premises tenancy act1997 6.
A tenancy in respecl of a government premises shall be tenancy lo. Whether protection under 71 and 72 of premises tenancy act is available for default in payment of rent. A tenant namely a died on 04102010 leaving seven legal heirs behind himself. West bengal premises tenancy act 1956 complete act citation. Jun 10, 2016 it was to be by way of application and rule 5 of the west bengal tenancy premises rules 1999 prescribed the procedure as well as the contents of such application. An act to amend the west bengal shops and establishments act, 1963. West bengal premises tenancy act 1997 year 2017 judgments. Section 6 of the west bengal premises tenancy act, 1977 deals with the protection of tenants against eviction. West bengal premises requisition and control temporary provisions act,1947. 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. In some cases the principal act andor amendment act may not be available. The said 1981 thika tenancy act has been repealed and replaced by the 2001 thika tenancy act west bengal thika tenancy acquisition and regulation act, 2001 some of the provisions of the 2001 thika tenancy act were amended with effect from 5th october, 2010, by the west bengal thika tenancy acquisition and regulation amendment act, 2010, hereinafter referred to as the amendment act of 2010. The government on thursday passed the west bengal thika tenancy acquisition and regulation amendment bill, 2010, in the assembly to tighten provisions of the thika tenancy act. Termination of tenancy section 3 of west bengal government premises tenancy regulation act 1976 when the eviction proceedings were initiated admittedly the land in question did not contain any structures.
The government tried to accommodate citation needed this class by enacting the rent act in 1859. Wbpartiii2012sar12 the kolkata gazette west bengal. To section 39 of the west bengal premises tenancy amendment of section act, 1997 hereinafter referred to as the principal 39 of west act, the following explanation shall be added. Act ro be owning the same, promotcr or, for he purposes of this act, excepting thc provisions of subsection 1 of scction 4 thcrcof, lessee of such property or part lhereof or of such apartment, where he lease is or a period of birly years or more. Assent of the president was first published in the calcutta gazette, extraordinary, of the 30th march, 1956 an act to provide for the regulation of certain incidents of tenancy of premises in calcutta and some other areas in west bengal.
Jan 08, 2019 west bengal act xxxvii of 1997 the west bengal premises tenancy act, 1997. Ramkrishna sarada vidya mahapitha act, 1973 pdf st xaviers university, kolkata act. With the passing of the west bengal premises tenancy amendment bill on wednesday, the lawmakers made an. The act and the regulations set out a standard residential tenancy agreement that gives rights and obligations to landlords and tenants. Section 174a was inserted by the west bengal premises tenancy amendment act, 2002 with retrospective effect from 10. The west bengal government premises tenancy regulation act. Thika tenancy rules tightened kolkata news times of india.
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. What are the amendments made in 2002 in the west bengal. By west bengal premises tenancy amendment act 2005, the said jurisdiction has been conferred upon the civil judge having jurisdiction. The amendments made in 2002 in the west bengal premises tenancy act 1997 are as follows1 the provision giving legal teeth to contracts will be triggered at a monthly rent of rs. Whether amendments made to the hindu succession act are.
However, the proposed changes are not comprehensive enough and women will still be subjected to unequal property rights in agricultural land as section 42 of the hindu succession act allows for special state laws to address the issue of fragmentation of agricultural holdings, fixation of ceiling and devolution of tenancy rights in these holdings. West bengal preservation of historical monuments and objects and excavation of archaeological sites act, 1957. The west bengal municipal act, 1993 west bengal act xxii of 1993 as amended by the west bengal municipal amendment act, 2006. A tenant can be a contractual tenant or a statutory tenant. This page was last modified on 17 february 2015, at 12. Dec 03, 2015 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. West bengal premises requisition and control temporary provisions act, 1947. West bengal act ii of 2012 the west bengal finance act, 2012. A tenancy in respecl of a government premises shall be tenancy lo deemed io be void where on lhc date of nllotmen of such government be ir held by a premiscs he tenant is, or had bwn, he owner of a house or an aparlment, lenanl. Provided that where a pcrson has executed and registcrcd. The rent commission of the bengal legislative council, therefore, enacted the third act of 1885.
In the meanwhile, the west bengal premises tenancy act, 1997 came into force which repealed the earlier act of 1956. Application filed by landlord for fixation of fair rent in 2007 withdrawn before rent controller in 2015. Section 42 of the ea act 1953 and the west bengal nonagricultural tenancy act, 1949 could also be of great help to them in restoring back the intermediary system, abolished so long. The west bengal government premises tenancy regulation. 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. Roychowdhury submitted that the amended provisions, the deeming clause under section 4 of the west bengal premises tenancy amendment act, 2010 in respect of the saving of any act done or action taken, is of no application in the instant case. Wbnat act 1949 permitted creation of tenancies and sub tenancies so far as the nonagricultural land was concerned. The west bengal government premises tenancy regulation act, 1976.
West bengal cabinet allows construction on 15% land of tea. Sample format for agreement to lease this agreement d between. The west bengal premises tenancy act, 1956 keywords. In the said case the tenant committed default in payment of arrears of rent and the landlord brought a suit for eviction on the ground of default. New changes to thika tenancy in west bengal advocate chenoy. But when the west bengal premises tenancy amendment act 2006 has provided the eviction of a premises tenant under the act shall be by a suit, then all the persons of cpc relating to the pleadings, the procedure for filling the suit filling of written statements and other relevant procedure become applicable. Principal acts may or may not include subsequent amendments. However, it will also create chaos with realtors rushing to the thika tenants to get power of attorneys that will then allow them to obtain building plans sanctioned by the kmc. In the same year, the slum areas improvement and clearance act was passed which sought to protect the interest of the slum dwellers. Act, 1993 west bengal government premises regulation of occupancy act, 1984. It is hereby enacted in the fortyeighth year of the republic of india, by the legislature of west bengal, as follows. West bengal premises tenancy act 1997 complete act. The west bengal clinical establishment rules, 2003 government of west bengal. The west bengal agricultural lands and fisheries acquisition and resettlement act, 1958.
Some of the relevant provisions of the 2001 act in light of the 2010 amendment act. Jun 16, 2016 this is a great initiative by the government to cut down on the multiple regulations that complicate the process of thika tenancy in west bengal. West bengal prevention of defacement of property act, 1976. An act to amend the west bengal premises tenancy act, 1997. Recovery of the possession under west bengal premises tenancy. Before the hindu law of inheritance amendment act 1929, the bengal, benares and mithila subschools of mitakshara recognised only five female relations as being entitled to inherit namely widow, daughter, mother, paternal grandmother, and paternal greatgrandmother 2. West bengal act xiii of 1962l the west bengal public land eviction of unauthorised occupants act, 1962. As the new legislation develops out of the bill, it will apply to residential and commercial tenants in equal.
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