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State of West Bengal - Section
Section 15 in The West Bengal Premises Requisition And Control (Temporary Provisions) Act, 1947
15. to 19.
- [Omitted]| Sections 15 to 19 omitted by W.B. Act 7 of 1954, which were as under :-"15. Application of the chapter.- (1) The Provincial Government may, from time to time by notification published in theOfficial Gazette, declare that the provisions of this chapter shall apply to any local area or to any categories of premises in any local area specified in such notification.(2) The publication of a notification under sub-section (1) shall be conclusive evidence that the provisions of this chapter have been duly applied to such local area or to such categories of premises as is specified in the notification.(3) The Provincial Government may, by a like notification, declare that this chapter shall cases to apply in any local area or categories of premises in any area.16. Restrictions on lease.- After the issue of notification under sub-section (1) of section 15, no landlord shall let out his premises in any manner except as provided in this chapter.17. Notice by landlord.- (1) The landlord of any premises shall, within seven days after such premises falls vacant by reason of his ceasing to occupy such premises or by the termination of a tenancy in respect of such premises, give notice thereof to the Collector in prescribed form and manner:Provided that the notice in respect of premises lying vacant at the date of notification under sub-section (1) of section 15 shall be given within fifteen days of such date notwithstanding any agreement that may have been made with any person previous to the date of such notification for letting out the premises.(2) The landlord shall also give a similar notice to the Collector in respect of any vacant premises which he does not intend to let out to tenants stating the reasons thereof, and the Collector shall decide whether or not the premises shall be let out.18. Procedure of letting out premises by the Collector.- (1) On receipt of the notice under section 17, the Collector shall in pursuance of any directions that the Provincial Government may give in this behalf from time to time, and after making such inquiry as he considers necessary, select a person to be inducted as a tenant in the premises and direct the landlord by a written order to put such person in a possession of the premises on an payment of one month's rent to the landlord as may be specified in the order:Provided that the amount specified in the order as rent which the tenant has paid under this sub-section shall not be deemed to be the sum payable as rent in respect of such premises if it is in excess of what is permissible under the law for the time being in force, and the tenant shall be entitled to apply to the appropriate authority for fixation of fair and equitable rent in respect of such premises.(2) Where the Collector does not find a tenant suitable for the premises within two weeks after the receipt of notice under section 17, he shall issue a permit in the prescribed from the landlord allowing him to use or deal with such premises as he may think fit.(3) If the landlord fails to comply with an order made under sub-section (1), the Collector or any person authorised by him in writing in this behalf shall execute the order in such manner as he consider expedient.19. Vacant premises may be requisitioned.- Notwithstanding anything contained in section 18, any premises in respect of which notice has been given under section 17, may be requisitioned under the provisions of this Act.". |