The calcutta thika tenancy acquisition and regulation act, 1981. An act to provide for the regulation of certain incidents of tenancy of premises in calcutta, howrah and some other areas in west. When a landlord lets out his home on rent, or when a tenant occupies a rental home, such activities fall under the ambit of the rent control act. Whereas it is cxpcdicnl to provide for the speedy eviclion oi. Acquisition of homestead land for agricultural labourers, artisans and fishermen act, 1975.
West bengal premises tenancy act, 1997 latest laws. An act to provide for the regulation of certain incidents of tenancy of premises in calcutta, howrah and some other areas in west bengal. Whether protection under 71 and 72 of premises tenancy act is available for default in payment of rent. Wb524 28th december, 1998 assent of the president of india was first published in the calcutta gazette, extraordinary, of the 28th december, 1998.
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. 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. West bengal premises tenancy act, 1956 latest laws. West bengal premises tenancy act 1956 complete act. Tags legal notice section 106 format, legal notice section 106 transfer of property act, monthly tenancy termination, notice terminating monthly tenancy, notice to vacate property, t. Government undertaking, premises, prescribed authority, tenant. As the new legislation develops out of the bill, it will apply to residential and commercial tenants in equal measure. The provision giving legal teeth to contracts will be triggered at a monthly rent of rs. With the passing of the west bengal premises tenancy amendment bill on wednesday, the lawmakers made an. West bengal act xx of 1949 the west bengal nonagricultural tenancy act, 1949. At1 act ro provirlc for rltc spcerly evicrioi oj rrlarrrlrorised occrrponrs jhtl public iarls.
West bengal premises tenancy act, 1956 pdf the west bengal premises tenancy act, 1956. West bengal premises tenancy act, 1997 hooghly district. With over 91 million inhabitants as of 2011, it is indias fourthmost populous state. Whether a firsttime landlord or a seasoned renter, heres what you should know about the basic rights of landlords. 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. Bengal premises tenancy amendment act, 2002,motor vehicles act and the west bengal motor vehicles rules, 19891 and consumer protection act,1986 assisted in drafting various documents and also researched on the applicable provisions for the same. 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. 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 having jurisdiction in favour of the landlord against the tenant, except. The west bengal public land eviction of unauthorised. West bengal premises tenancy act, 1997 for short the. The west bengal nonagricultural tenancy act, 1949 keyword. The west bengal premises tenancy act leasehold estate. The west bengal premises tenancy act, 1956 keywords. Taking the line of affordable housing for all forward.
Cerlain provisions of he act not to apply lo ccrtnjn icnscs. Synopsis of the section 6 of the west bengal premises tenancy act, 1977. According to experts, the draft model tenancy act, 2015, tries to establish a structure for the regulation of tenancy for commercial and residential realty. West bengal land reforms and tenancy tribunal act, 1997. The rent commission of the bengal legislative council, therefore, enacted the third act of 1885. The said act is a piece of welfare legislation which modifies to the extent provided therein the rights and duties of the landlord and tenants. The leasing of homes is governed by the rent control act, with each state having its own version of the act. 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 requires expertise to draft a. The question is under the west bengal premises tenancy act, 1997, as amended. The joint receivers in that suit made an application under s. A tenant namely a died on 04102010 leaving seven legal heirs behind himself. When a tenant can get the benefit of protection against eviction.
With the rent control act applicable only to a tenancy of over 12 months, things seemed tougher for landlords to evict tenants living in the property for years. It focuses on balancing the rights and obligation of landlords and tenants, using rental contracts. 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. West bengal premises tenancy act, 1997 pdf the west bengal premises tenancy act, 1997. We examine the main features of the act and how it protects landlords and tenants interests. West bengal act xii of 1956 the west bengal premises tenancy act, 1956. New tenancy act in tamil nadu heres how it is different. 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. Part of the ethnolinguistic bengal region of the indian subcontinent, it borders bangladesh in the east. Extending the tenancy cycle from 4 years to 6 years for part 4 tenancies a landlord required to give reason on terminating a part 4 tenancy in the first 6 months they also include restrictions on the sale of 10 or more rented units in a development.
The west bengal premises tenancy act, 1956 provides for the regulation of certain incidents of tenancy of premises in calcutta and some other areas in west bengal. Legal notice to vacate property under section 106 format. West bengal is the thirteenthlargest indian state, with an area of 88,752 km 2 34,267 sq mi. The west bengal government premises tenancy regulation act, 1976. The bengal tenancy act 1885 was an enactment of the bengal government that defined the rights of zamindars and their tenants in response to a widespread peasant revolt. Application filed by landlord for fixation of fair rent in 2007 withdrawn before rent controller in 2015. 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. 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. Premises tenancy act 1997 to be amended kolkata news. In west bengal, 23 months worth of rent is typically collected as security deposit. 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. It excludes any other consent, namely, oral consent or implied consent. Recovery of the possession under west bengal premises.
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