Section 42 in The West Bengal Premises Tenancy Act, 1956.
42. Power to make rules.
(1)The State Government may, subject to the condition of previous publication, make rules for carrying out the purposes of this Act.(2)In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the matters which, under any provision of this Act, are required to be prescribed or to be provided for by rules including charging or remitting of costs and fees and the fixation of the scale of costs and fees.(3)All rules made under this Act shall, as soon as may be after they have come into force, be laid before the State Legislature.[The First Schedule] ['The SCHEDULE' renumbered as 'THE FIRST SCHEDULE' and 'THE SECOND SCHEDULE' inserted by W.B. Act 52 of 1976.](See section 20.)(1)[ Where the premises are situate on land wholly within the ordinary original civil jurisdiction of the High Court at Calcutta, -(i)where the value of the suit exceeds ten lakh rupees - to the High Court at Calcutta;(ii)where the value of the suit does not exceed ten lakh rupees but exceeds thirty thousand rupees - to the City Civil Court established under section 3 of the City Civil Court Act, 1953;(iii)except as otherwise provided in the foregoing provisions of this clause, to the Chief Judge of the Court of Small Causes constituted under the Presidency Small Cause Courts Act, 1882, in the town of Calcutta, who may try the suit himself or may transfer the suit for trial to any other Judge of the said Court who shall, then, try the suit as a Court of first instance.](2)Where the premises are situate on land, wholly or partly outside the Ordinary Original Civil Jurisdiction of the Calcutta High Court - The Court other than the Calcutta High Court, which would have had jurisdiction to try the suit if this Act were not passed.[The Second Schedule] ['THE SCHEDULE' renumbered as 'THE FIRST SCHEDULE' and 'THE SECOND SCHEDULE' inserted by W.B. Act 52 of 1976.][See section 29B(2).]Form of summons in a case where recovery of possession of the premises is prayed for on the ground of reasonable requirement by the landlord.To[Name, description and place of residence of the tenant/sub-tenant.]Whereas Shri....................................has filed an application (a copy of which is annexed) for your eviction from (here insert the particulars of the premises) on the ground specified in clause (ff) of sub-section (1) of the section 13.You are, hereby summoned to appear before the Controller within fifteen days of the service hereof and to obtain the leave of the Controller to contest the application for eviction on the ground aforesaid; in default whereof, the applicant will be entitled at any time after the expiry of the said period of fifteen days to obtain an order for your eviction from the said premises.Leave to appear and contest the application may be obtained on an application to the Controller supported by an affidavit as is referred to in sub-section (5) or section 29B.Given under my hand and seal.This.......................day of..............19 .Controller.[[Clause (1) substituted by W.B. Act 13 of 1998, which was earlier as under :-'(1) Where the premises are situate on land, wholly within the Ordinary Original Civil Jurisdiction of the Calcutta High Court -(i)Where the value of the suit or the value of the premises of which recovery of possession is claimed does not exceed ten thousand rupees - to the City Civil Court as defined in the City Civil Court Act, 1953;(ii)Where the value of the suit exceeds ten thousand rupees - to the High Court at Calcutta :Provided that any suit, the value of which does not exceed Rs. 10,000, instituted in the City Civil Court on or after the date of the commencement of the City Civil Court Act, 1953 and before the commencement of the City Civil Court and the West Bengal Premises Tenancy (Amendment) Act, 1957 shall be deemed to have been validly instituted therein and such court shall continue to try and dispose of such suit as a court of competent jurisdiction:Provided further that any suit, appeal or proceeding instituted in the Calcutta High Court or in the Court of the Chief Judge or the Court of Small Causes of Calcutta under the provisions of the West Bengal Premises Tenancy Act, 1956 and pending on the date of the commencement of the City Civil Court and the West Bengal Premises Tenancy (Amendment) Act, 1957 shall be continued as if this amendment had not been made.'.]]
