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State of West Bengal - Section

Section 14A in The West Bengal Premises Requisition And Control (Temporary Provisions) Act, 1947

14A. [ Increase or decrease in rent compensation. [Section 14A inserted by W.B. Act 27 of 1986.]

(1)The rent compensation of any premises shall be liable to be -
(a)increased or decreased where the rent compensation includes the tenant's share of the municipal rates and taxes and there has been increase or decrease in such rates and taxes, by adding to the compensation payable for a year one-half of the total amount of such increase in respect of such premises or by deducting from the rent compensation an amount proportionate to the decrease in the municipal rates and taxes, as the case may be, or
(b)increased, where the landlord incurs any expenditure on the improvement of structural alteration to the premises with the approval, in writing, of the State Government, by adding to the rent payable for a year ten per cent, of the amount of such expenditure.
(2)The Collector shall, on application made to him by the landlord in the prescribed manner, fix in respect of any premises the increase or decrease referred to sub-section (1):Provided that the Collector may by notice in writing to the landlord suo motu decrease the rent compensation, if no application from the landlord for such decrease is received by him within a period of ninety days from the date on which the decrease in municipal rates and taxes take effect.
(3)
(a)The rent compensation may be revised only if there has been an increase or decrease in the market value of the premises.
(b)Such revision shall be made on application made to the Collector by the landlord in the prescribed manner:
Provided that no such application shall be entertained until after the expiry of a period of five years from the date on which the compensation was last fixed:Provided further that in the case of decrease in the market value of the premises, the Collector may by notice in writing to the landlord suo motu revise the rent compensation, if no application from the landlord for such revision is received by him within a period of ninety days from the expiry of the period of five years as aforesaid.
(4)The rent compensation of the premises payable for a year shall not be increased or decreased by revision by more than two and a half per cent, per annum of the difference between the market value of the premises as on the date of application under sub-section (3) or, in the case of suo motu revision, the date immediately following the date of expiry of five years and ninety days from the dale on which the compensation was last fixed, as the case may be, and as on the date of the last fixation of the rent:Provided that the rent so increased or decreased shall not exceed ten per cent, of the existing rent of the premises:Provided further that in respect of any premises which have been on requisition for a continuous period of not less than fifteen years and there has been no revision of rent compensation within the said period, such rent compensation shall not be increased by more than ten per cent, for every five years of requisition.]