Bengal premises tenancy act, 19562 which was the subject matter. Apr 11, 2011 the tenancy in kolkata is both governed by west bengal premises tenancy act and transfer of property act depending upon the rate of rent. Token advance this is a very small sum of money collected by the landlord from the tenant with the intention of booking his property for the tenant and preventing other potential tenants from developing an interest. Aug 10, 2017 law library 2018 edition passed by the west bengal legislature, received the assent of the president of india and was first published in the kolkata gazette, extraordinary, of the 22nd november, 2002 vide notification no. 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.
Aaacw3073c a statutory body corporate constituted under the west bengal industrial infrastructure development corporation act, 1974 act xxv of 1974 having its head office presently at 5, council house street 3 rd floor, kolkata 700 001, within the municipal limits of. The tenancy in kolkata is both governed by west bengal premises tenancy act and transfer of property act depending upon the rate of rent. In west bengal, 23 months worth of rent is typically collected as security deposit. Accordingly, law department, government of west bengal, prepared the list of acts in. 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. 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.
The owner stays in a different place, so we send the amount by money order. It extends by its own operation to the whole of west bengal, except. Contrary to the conclusions of other authors, we do not find. What are the acts for litigation of land governed in india. West bengal thika tenancy acquisition and regulation act. We use a differenceindifference methodology with data from a household survey the national sample survey to compare the growth of consumption expenditure of tenants with that of nontenants.
West bengal is the thirteenthlargest indian state, with an area of 88,752 km 2 34,267 sq mi. Air 1987 sc 1010 arose out of the west bengal premises tenancy act, 1956 in short the west bengal act. West bengal act xx of 1949 the west bengal nonagricultural tenancy act, 1949. Right to fair compensation and transparency in land acquisition rehabilitation and resettlement act,20 2. My first question is whether leave and lease licence act is applicable in kolkata,west bengal.
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. West bengal premises tenancy act india study channel. West bengal premises tenancy act, 1997 for short the. Britania engineering company limited titagarh unit acquisition and transfer of undertakings act, 1984. The west bengal nonagricultural tenancy act, 1949 keywords. 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. Jan 08, 2019 west bengal act xxxvii of 1997 the west bengal premises tenancy act, 1997. Law library 2018 edition passed by the west bengal legislature, received the assent of the president of india and was first published in the kolkata gazette, extraordinary, of the 22nd november, 2002 vide notification no. The west bengal government premises tenancy regulation act.
West bengal act xix of x9761 the west bengal government premises tenancy regulation act, 1916. On perusal of the original application itself and the other materials on record we. The act was framed due to the extensive restlessness that occurred towards the peasant by intimidating them thereby disrupting the peaceful control of the state. Court can adjudicate issue of eviction of trespassers from. West bengal premises tenancy act, 1997 complete act bare act. Dear sir madam, we have been a tenant of a shop for more than 50 years. 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 act xi1 of 1956 the west i3engal premtses tenancy act, 1956. Land acquisition in west bengal linkedin slideshare. West bengal act xix of x9761 welcome to west bengal. We have got a tenant just 4 months passed after signing the lease licence agreement.
West bengal premises requisition and control temporary provisions act, 1947. Wb524 28th december, 1998 assent of the president of india was first published in the calcutta gazette, extraordinary, of the 28th december, 1998. Apr 10, 20 it was further submitted by him that from the alleged sub tenancy agreements of different dates, it cannot be proved that any consent of the landlords in writing as required under section 14 of the west bengal premises tenancy act, 1956 and subsequently under section 5 of the west bengal tenancy act, 1997 was ever obtained. The west bengal government land regulation and transfer act was subsequently amended in 2009 and the amended act was published in the calcutta gazette after it received the assent of the governor. It was further submitted by him that from the alleged subtenancy agreements of different dates, it cannot be proved that any consent of the landlords in writing as required under section 14 of the west bengal premises tenancy act, 1956 and subsequently under section 5 of the west bengal tenancy act, 1997 was ever obtained. Protection of tenants against eviction legal news law. West bengal prevention of defacement of property act, 1976.
As the new legislation develops out of the bill, it will apply to residential and commercial tenants in equal measure. Protection of tenants against eviction bibliography. With the passing of the west bengal premises tenancy amendment bill on wednesday, the lawmakers made an attempt to resolve an old urban. Heard the learned counsel for the applicant as well as learned government representative. Bihar and west bengal transfer of territories act, 1956. Calcutta, howrah and some other areas in west bengal. West bengal premises tenancy act 1997 year 2014 page 3. The west bengal nonagricultural tenancy act, 1949 keyword.
Analysis of evidence on how contracts and productivity changed after a tenancy reform program was implemented in the indian state of west bengal in the late 1970s suggests that tenancy reform had a positive effect. The west bengal premises tenancy act, 1997 2008 edition. At1 aci lo prulide for tle ncqrrisiriatl of hreresrs uf lntllorrl. Legal faqs advocate nibedita roye answers your queries. The west bengal premises tenancy act, 1997 west bengal act xxxvii of 1997 act. West bengal preservation of historical monuments and objects and excavation of archaeological sites act, 1957. Bengal and upload the same along with soft copy of the annual volume of acts in.
Recovery of the possession under west bengal premises tenancy. New changes to thika tenancy in west bengal advocate. Oct 22, 2014 the bengal tenancy act, 1885 is a state legislation that describes the privileges and obligations of the zamindars as well as the tenants. The bengal tenancy act is not a complete code even in respect of the law of. The government on thursday passed the west bengal thika tenancy acquisition and regulation amendment bill, 2010, in the assembly to tighten provisions of. In this paper, we analyse the impact of tenancy reform in the indian state of west bengal on consumption expenditure of tenants. With over 91 million inhabitants as of 2011, it is indias fourthmost populous state. Is he a tenant under west bengal premises tenancy act 1997 or the transfer of. 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. The west bengal land reforms and tenancy tribunal act, 1977 was published on 12th december, 1997. The tenant in entitled to protection from eviction if he can prove that for creating the sub tenancy there was a written consent of the landlord. Ever since, we have been paying the collective rent amount every 2 or 3 years.
Orders, west bengal primary secondary school teachers manual, ebook for d. An act to provide for the regulation of certain incidents of tenancy of premises in calcutta and some other areas in west bengal. Jul 31, 2009 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. Cerlain provisions of he act not to apply lo ccrtnjn icnscs.
Download free ebook handbook of circulars wbxpress. West bengal act xxxvii of 1981, the kolkata thika ten a ncy acquisition and regulation act, 1981. The kolkata thika tenancy acquisition and regulation act, 1981 act 37 of 1981 keywords. The west bengal premises tenancy act, 1997 hooghly.
An act to provide for the regulation of certain incidents of tenancy of premises in. Application filed by landlord for fixation of fair rent in 2007 withdrawn before rent controller in 2015. It excludes any other consent, namely, oral consent or implied consent. Thika tenancy rules tightened kolkata news times of india. Land acquisition litigation in west bengal by ca nisha kulthia 2. The tenancy reform in west bengal implemented in the late 1970s is often hailed as one of the key reasons for the success the indian state achieved in poverty reduction for example besley. Recovery of the possession under west bengal premises. Whether you recognise your tenants son as a tenant or not, according to the provisions of the west bengal premises tenancy act 1997, he will inherit the tenancy of his father since he has been residing with him and can remain on the premises for five years from the time of his fathers demise. The west bengal inland fisheries act, 1984 west bengal xxv of 1984 act.
West bengal premises tenancy act, 1997 hooghly district. 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. An act to provide for the regulation of certain incidents of tenancy of premises in calcutta, howrah and some other areas in west. By west bengal premises tenancy amendment act 2005, the said jurisdiction has been conferred upon the civil judge having jurisdiction.
The west bengal premises tenancy act, 1956 tenth edition. West bengal thika tenancy acquisition and regulation act, 2001. 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 government premises tenancy regulation. Handbook of circulars, compendium of important govt. West bengal premises tenancy act, 1997 pdf the west bengal premises tenancy act, 1997. The bengal tenancy act, 1885 is a state legislation that describes the privileges and obligations of the zamindars as well as the tenants. West bengal premises tenancy act, 1997 latest laws.
By the said amendment it was provided that the said act would come into force on such date and in such areas as the state government would, by. Act, 1956 did apply but the provisions of this act do not apply. 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. New changes to thika tenancy in west bengal advocate chenoy. What is the current status of rent control laws in india and what are their main provisions when. Tenant making payment of his landlord entitled to a receipt. The kolkata thika tenancy acquisition and regulation act. The west bengal premises tenancy act, 1956 keywords.
Whether protection under 71 and 72 of premises tenancy act is available for default in payment of rent. West bengal act xii of 1956 the west bengal premises tenancy act, 1956. Synopsis of the section 6 of the west bengal premises tenancy act, 1977. 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. 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. Part of the ethnolinguistic bengal region of the indian subcontinent, it borders bangladesh in the east. An act to provide for the regulation of certain incidents of tenancy of premises in calcutta, howrah and some other areas in west bengal. We have a monthly tenant since 1964 in kolkata, west bengal. With the passing of the west bengal premises tenancy amendment bill on wednesday, the lawmakers made an. West bengal act xix of 1976 the west bengal government premises tenancy regulation act, 1976. The west bengal land reforms and tenancy tribunal act, 1997 west bengal act 25 of 1997 act.
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