Section 29B(2) in The West Bengal Premises Tenancy Act, 1956.
(2)Whenever any application is filed before the Controller by a landlord referred to in sub-section (1) for the recovery of possession of any premises on the ground specified in clause (ff) of sub-section (1) of section 13, the Controller shall issue summons, in the form specified in the Second Schedule:[Provided that -(a)where the landlord has retired, or will retire within a period of less than one year, as a member of the naval, military or air force of the Union of India, a certificate by the Area or Sub-Area Commander within whose jurisdiction the premises are situated or by the Head of his Service or by his Commanding Officer that he has retired, or will retire, as such member and that he requires the premises for his own occupation and for the occupation of his family after retirement, or(b)where the landlord is the parent or the wife of such member of the naval, military or air force of the Union of India as aforesaid, a certificate by the Area or Sub-Area Commander within whose jurisdiction the premises are situated that he or she is the parent or the wife, as the case may be, of such member of the naval, military or air force of the Union of India and that he or she requires the premises for his or her own occupation and for the occupation of his or her family after the retirement of such member, or(c)where the landlord is a relation (other than a minor child or the widow) and a dependant of a member of the naval, military or air force of the Union of India and ordinarily resides with him or a minor child or the widow of such member who dies while in service or within five years of retirement, a certificate by the Area or Sub-Area Commander within whose jurisdiction the premises are situated that he or she is the relation and dependant as aforesaid or the minor child or the widow, as the case may be, of the deceased member of the naval, military or air force of the Union of India and that he or she requires the premises for his or her own occupation and for the occupation of his or her family,shall be produced before the Controller while filing the application, and such certificate shall be conclusive evidence of the fact stated therein.] [[Proviso with 'Explanation' first inserted by W.B. Act 36 of 1978, then the proviso substituted by W.B. Act 41 of 1979. Previous proviso was as under :-'Provided that where the landlord is a retired member of the naval, military or air force of the Union of India or will retire within a period of less than one year as such member, he shall, while filing the application, produce before the Controller a certificate by the Area of Sub-Area Commander within whose jurisdiction the premises are situated or by the Head of his Service or by his Commanding Officer that he has retired, or will retire within a period of less than one year, as such member and that he requires the premises for his own occupation and for the occupation of his family after retirement.'.]][Explanation I. - "Family" shall have the same meaning as in the Explanation to clause (I) of sub-section (1) of section 13.] ['Explanation', as inserted by W.B. Act 36 of 1978, renumbered as 'Explanation I' and 'Explanation II' inserted by W.B. Act 14 of 1988.][Explanation II. - For the purpose of this sub-section, Area or Sub-Area Commander shall include, -(a)in the case of persons retired from the Indian Navy, a Flag Officer Commanding-in-Chief of the Naval Command, and(b)in the case of persons retired from the Indian Air Force, the Air Force Station Commander,]
