West Bengal Non-Agricultural Tenacy Act, 1949

West Bengal Non-Agricultural Tenacy Act, 1949

An Act to make better provision relating to the law of landlord and tenant in respect of certain non-agricultural tenancies in West Bengal.

CHAPTER I.
Preliminary.

1. Short title, extent and commencement.
2. Definitions.

CHAPTER II.
Classes of non-agricultural tenants.

3. Classes of non-agricultural tenants.
4. Purposes for which non-agricultural tenant may hold non-agricultural land.
5. Tenancies held by a non-agricultural tenant.

CHAPTER III.
Tenants.

6. Manner of use or non-agricultural lands.
7. Incidents of certain tenancies.
8. Renewals of lease of tenancies held for not less than twelve years and succession to, and transfer of, such tenancies.
9. Incidents of non-agricultural tenancies held for less than twelve years.
9A. Restriction on transfer.
10. Special incidents in case of misuse of non-agricultural land.
11. Enhancement of rent.
12. Provisions as to enhancement on ground of landlord’s improvement.
13. Power to order progressive enhancement.
14. Limitation of right to enhancement.
15. Reduction of rent.

CHAPTER IV.
Under-tenants.

16. Application of Chapter.
17. Terms on which an under-tenant may be admitted to occupation of non-agricultural land.
18. Rate of rent payable by an under-tenant.
19. Enhancement of rent.
20. Ejectment of an under-tenant.
21. Other incidents of tenancies of under-tenants.
22. Special incidents of tenancies of under-tenants.

CHAPTER V.
Provisions as to transfer of non-agricultural land.

23. Manner of transfer of non-agricultural land and notices to landlords.
24. Power of the co-sharer or the immediate landlord of transferor to purchase.
25. Saving as to statements in instruments of transfer where landlord is not a party.
26. Interpretation.

CHAPTER VI.
Record-of-rights and settlement of rents.

27. Revision or preparation of record-of-rights.
28. Draft and final publication of record-of-rights,
28A. Correction of entry in record-of-rights.
29. Order for estimate of fair and equitable rents of non-agricultural lands and preparation of a settlement rent-roll.
30. Procedure where both non-agricultural and other lands are concerned.
31. Publication of settlement rent-roll, hearing of objections and confirmation.
32. Final revision of settlement rent-roll and its confirmation by prescribed Revenue authority.
33. Appeals.
34. Suits.
35. Notification of order under section 27 or section 29 to be conclusive evidence.
36. Presumption of rents settled under sections 30 to 33.
37. Correction or settlement rent-roll.
38. Settlement of rents in respect of non-agricultural lands by Re venue-officers in the case where a settlement of land revenue is not being or is not about to be made.
39. Stay of proceedings in Civil Court during preparation of record-of-rights under section 27.
40. Date from which settled rents take effect.
41. Period for which rents as settled arc to remain unaltered.
42. Interpretation.

CHAPTER VII.
General provisions as to rent of non-agricultural tenancies.

Payment of rent.

43. Rent to be paid yearly.
44. Time and place for payment or rent.
45. Appropriation of payments.

Receipts and accounts.

46. Non-agricultural tenant making payment to his landlord entitled to a receipt.
47. Nun-agricultural tenant entitled to full discharge or statement of account at close of year.
48. Penalties and fine for withholding receipts and statements of account and Failing to keep counterparts.
49. State Government to prepare forms of receipt and account.
50. Effect of receipt by registered proprietor, manager or mortgagee.

Deposit of rent.

51. Application to deposit rent in Court.
52. Receipt granted by Court for rent deposited to be a valid acquittance.
53. Procedure for payment to the landlord of rent deposited.
54. Payment or refund of deposit.

Penalty for refusing to receive rent.

55. Penalty for refusing to receive rent tendered by postal money-order or deposited.

Arrears of rent.

56. Liability to sale for arrears.
57. Interest on arrears.
58. Power to award damages on rent withheld without reasonable cause, or to defendant improperly sued for rent.

Liability for rent on change of landlord or after transfer of tenancy.

59. Non-agricultural tenant not liable to transferee of landlord’s interest for rent paid to former landlord without notice of the transfer.
60. Liability for rent before transfer of tenancies.

Illegal impositions.

61. Abwab, etc,, illegal.
62. Fine for realisation of abwab. etc.
63. Penalty for exaction by landlord from non-agricultural tenant of sum in excess of the rent payable.

CHAPTER VIII.
Improvements.

64. Definition of “improvement”.
65. Rights to make improvements.
66. Collector to decide question as to right to make improvement, etc.
67. Registration of landlord’s improvements.
68. Application to record evidence as to improvement.

CHAPTER IX.
Other incidents of non-agricultural tenancies.

69. Eviction of non-agricultural tenants holding tenancies conditional upon employment in industrial concerns.
70. No ejectment except in execution of decree.
71. Application of the Transfer of Property Act, 1882, or other law.

CHAPTER X.
Conversion of agricultural lands into non-agricultural tenancies.

72. Conversion of agricultural lands into non-agricultural tenancies in certain cases.

CHAPTER XI.
Judicial procedure.

73. Regard to be had by Civil Courts to entries in record-of-rights.
74. Execution of decrees for arrears of rent by assignees of such decrees.
75. Relief against forfeitures in certain cases.
76. Protection of the interest of an under-tenant having the rights and liabilities of a tenant in case of sale for arrears of rent.
77. Delivery of possession of land sold for arrears of rent which has any structure erected on it by a non-agricultural tenant.
78. Purchase of non-agricultural tenancy in execution of a decree for arrears of rent to lake effect from the date of confirmation of the sale.
79. Rules for disposal of sale proceeds,
80. Release from attachment of non-agricultural tenancies on payment into Court of the amount of decree or on confession of satisfaction by the decree-holder.
81. Amount paid into Court to prevent sale to be a mortgage-debt on the tenancy in certain cases.
82. Inferior tenant paying into Court may deduct from rent.
83. Decree-holder may bid at sale, judgment-debtor may not.
84. Meaning of “arrears” and “arrears of rent”.

CHAPTER XII.
Miscellaneous.

85. Bar to application of Act to certain lands and to certain leases.
86. Certain contracts not to affect the provisions of the Act.
87. Jurisdiction in proceedings under this Act.
88. Application.
89. Saving of limitation.
90. Computation of the period for which non-agricultural land has been held in certain cases.
91. Repeal of Bengal Act XIX of 1936 and Bengal Act IX of 1940.
92. Rules.

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