Section 4 in The West Bengal Premises Requisition And Control (Temporary Provisions) Act, 1947
4. Power to order vacation of premises or for execution of repairs.
- [(1) Where any premises are requisitioned under this Act, the Collector may by notice in writing] [Section 4 renumbered as sub-section (1) of that section by W.B. Act 4 of 1949.] -(a)[ order the person in occupation of the premises, if any, to vacate the premises within a period of ten days from the service of the notice; [[Clauses (a) and (aa) substituted for original clause (a) by W.B. Act 4 of 1949. Original clause (a) was as under :-'(a) order the existing tenant or occupier, if any, to vacate the premises within ten days of the receipt of the notice;'.]](aa)order the landlord or the tenant, as the case may be, to remove the articles belonging to him, if any, and, where the premises are requisitioned without any furniture therein, such furniture, within a period of fifteen days from the service of the notice:Provided that the Collector may, for reasons to be recorded in writing, extend the said period up to two months:[Provided further that] no such notice shall be necessary where the premises are lying vacant, not being actually used either by the landlord or by the tenant, or where the premises are requisitioned for a person who is already in possession of such premises as a tenant;](b)order the landlord to execute such repairs as may be specified in the notice within such time as may be specified therein;(c)if a landlord fails to execute any repairs in pursuance of an order under clause (b) the Collector may cause the repairs specified in the order to be executed at the expense of the landlord and the cost thereof may, without prejudice to any other mode of recovery, be deducted from the compensation payable [* * * *] [Words 'to the landlord' omitted by W.B. Act 4 of 1949.].(2)[ Where any person fails to comply with an order under clause (aa) of sub-section (1), directing any furniture or other articles to be removed, the Collector may cause such furniture or other articles to be removed and to be stored or sold by public auction in such manner as the Collector may think fit at the cost and risk of such person:Provided that no furniture, or other articles shall be sold by public auction in pursuance of the provisions of this sub-section without the previous sanction of the [State] [Sub-section (2) inserted by W.B. Act 4 of 1949.] Government or such other authority as may be empowered in this behalf by the [State] [Words substituted for the word 'Provincial' by the Adaptation of the Laws Order, 1950.] Government.](3)[ Where any furniture or other articles are removed and are stored or sold by public auction in pursuance of the provisions of sub-section (2), the cost of such removal and of such storage or sale, as the case may be, may, without prejudice to any other mode of recovery, be deducted from the compensation payable or from the sale proceeds, if any, and the balance of the sale proceeds, if any, after such deduction, shall be paid to the owner of such furniture or other articles, as the case may be:Provided that if any dispute arises as to the person or persons to whom the amount of such balance or any part thereof is payable, the Collector shall keep the amount in revenue deposit till there has been a settlement of the dispute.] [Sub-section (3) inserted by W.B. Act 4 of 1949.]
