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State of West Bengal - Section

Section 30 in The West Bengal Premises Tenancy Act, 1956.

30. Penalty for recovering rent in excess of the fair rent.

(1)Whoever contravenes any of the provisions of section 5, shall, on the complaint of the party aggrieved or of the State Government, made to the Controller, be liable -
(i)for contravention of the provisions of clause (a) of section 5, on the first occasion, to a fine which may extend to five times the amount or value of the consideration, claimed, demanded or received in excess of the fair rent and on a second or subsequent occasion, to a fine which may extend to ten times the amount of such excess;
(ii)for contravention of the provisions of clause (b) of section 5, on the first occasion, to a fine which may extend to twice the amount claimed, demanded or received in excess of one month's rent, and on a second or subsequent occasion, to a fine which may extend to four times the amount so claimed, demanded or received, to be imposed, in each case after inquiry, by the Controller.
(2)Whoever contravenes any of the provisions of section 6 shall, on the complaint of the party aggrieved or of the State Government, made to the Controller, be liable to a fine which may on the first occasion extend to twice the value of the furniture and on a second or subsequent occasion extend to four times such value.
(3)Any tenant who contravenes the provisions of sub-section (1) of section 14, shall, on the complaint of the landlord made to the Controller, and any landlord who contravenes the provisions of sub-section (2) of that section, shall, on the complaint of the tenant made to the Controller, be liable to a fine which may on the first occasion extend to one hundred rupees and on a second or subsequent occasion extend to two hundred rupees.
(4)Any tenant or person who in contravention of the provisions of section 15, receives any sum or consideration, shall, on the complaint of the landlord of the premises made to the Controller, be liable to a fine which may on the first occasion extend to one hundred rupees and on a second or subsequent occasion extend to two hundred rupees.
(5)Any tenant or sub-tenant who fails to give notice as required under sub-section (1) or sub-section (2) of section 16 or intentionally furnishes information in such notice which is false in any material particular, shall, on the complaint of the landlord of the premises made to the Controller, be liable to a fine which may extend to one thousand rupees.
(6)[ Any landlord who after obtaining delivery of possession of any premises from the tenant in pursuance of a decree obtained under clause (ff) of sub-section (1) of section 13, -
(a)contravenes the provisions of sub-section (1) of section 18 by relating such premises within ten years of the date of obtaining delivery of possession to any person other than such tenant without the permission of the Controller, or
(b)contravenes the provisions of sub-section (3) of section 18 by letting the premises of which he was in occupation as owner thereof at the time of obtaining delivery of possession of any premises from the tenant in pursuance of a decree obtained under clause (ff) of sub-section (1) of section 13 within ten years of the date of obtaining such delivery of possession to any person other than the tenant from whom such delivery of possession was obtained without the permission of the Controller,
shall, on the complaint of such tenant made to the Controller, be liable to a fine which may extend to one thousand rupees.] [[Sub-Section (6) first inserted by W.B. Act 34 of 1969, then substituted by W.B. Act 18 of 1970. Previous sub-section (6) was as under :-'(6) Any landlord who after obtaining delivery of possession of any premises from the tenant in pursuance of a decree obtained under clause (ff) of sub-section (1) of section 13 contravenes the provisions of sub-section (1) of section 18 by re-letting such premises within two years of the date of obtaining delivery of possession to any person other than such tenant without the permission of the Controller, shall, on the complaint of such tenant made to the Controller, be liable to a fine which may extend to one thousand rupees.'.]]