Section 21 in The West Bengal Premises Tenancy Act, 1956.
21. Deposit of rent by the tenant.
(1)Where the landlord does not accept any rent tendered by the tenant within the time referred to in section 4 or where there is a bona fide doubt as to the person or persons to whom the rent is payable, the tenant may deposit such rent with the Controller in the prescribed manner:[Provided that where any rent is remitted by the tenant to the landlord by postal money order, the date of issue of the postal money order shall, for the purposes of this sub-section, be deemed to be the date of tender of such rent by the tenant to the landlord.] [Proviso inserted by W.B. Act 34 of 1969.](2)The deposit shall be accompanied by an application supported by an affidavit by the tenant stating -(a)the premises for which the rent is deposited with the description sufficient for identifying the premises;(b)the period for which the rent is deposited ;(c)the name and address of the landlord, or the person or persons claiming to be entitled to such rent;(d)the reasons and circumstances for the application for deposit of the rent:Provided that in the case of deposits of rent for successive months during any continuous period, no affidavit in support of applications shall be required after the first deposit if the reasons and circumstances which led the tenant to make the first deposit remain the same:[Provided further that in the case of deposit of rent for any month in respect of any premises in any area included within the limits of Calcutta, which, immediately before the 4th day of January, 1984, was comprised in the municipality of Jadavpur, South Suburban or Garden Reach, no further affidavit in support of application for such deposit shall be necessary if the Challan showing the deposit for the month immediately preceding is produced at the time of deposit.] [Proviso inserted by W.B. Act 16 of 1986.](3)The application shall be accompanied by as many true copies thereof as there are landlords or persons claiming the rent along with the prescribed fee for sending such copy or copies to the landlords or such persons by registered post with acknowledgement due.(4)On such deposit of the rent being made, the Controller shall send in the prescribed manner the copy or copies of the application to the landlord or persons claiming to be entitled to the rent with an endorsement showing the date of the deposit, such endorsement being authenticated by the seal of his office and the signature of the Controller or some other officer authorised by him. Such authenticated copy of the application shall be admissible in evidence in all Courts of law.(4A)[ Where rent for any month or period has been deposited under this section on the ground that the landlord did not accept the rent when tendered by the tenant, then, notwithstanding anything contained in sub-section (1), the tenant may, without further tender of the rent to the landlord, continue to deposit the rent for subsequent months or periods unless the landlord signifies by notice in writing to the tenant his willingness to accept the rent if tendered to him within the time referred to in section 4.] [Sub-section (4A) inserted by W.B. Act 34 of 1969.](5)If an application is made for the withdrawal of any deposit of rent, the Controller shall, if satisfied that the applicant is the person entitled to receive the rent deposited, order the amount of the rent to be paid to him in the manner prescribed:Provided that no order for payment of any deposit of rent shall be made by the Controller under this sub-section without giving all persons named by the tenant in his application under sub-section (2) as claiming to be entitled to payment of such rent an opportunity of being heard and such order shall be without prejudice to the rights of such persons to receive such rent being decided by a Court of competent jurisdiction.(6)[ If any deposit of rent is not withdrawn by the landlord or by the person or persons entitled to receive the rent deposited -(a)in the case of a deposit made under this Act, within three years from the date of posting of the notice of deposit under sub-section (4) [or within five years from the date of commencement of the West Bengal Premises Tenancy (Amendment) Ordinance, 1989,] whichever is later,(b)in the case of a deposit made under the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948, the Calcutta Rent Ordinance, 1946, the Calcutta House Rent Control Order, 1943, or the Bengal House Rent Control Order, 1942, which has not been forfeited to Government by an order made by the Controller under the law in force immediately before the date of commencement of the West Bengal Premises Tenancy (Amendment) Ordinance, 1965, within two years from such date,such deposit shall be credited to Government as a lapsed deposit.] [[Sub-Sections (6) and (6A) substituted for original sub-Section (6) by W.B. Act 29 of 1965. Original sub-Section (6) was as under :-'(6) Any rent in deposit which is not withdrawn by the landlord or by the person or persons entitled to receive such rent shall be forfeited to Government by an order made by the Controller -(a)if it is not withdrawn before the expiration of ten years from the date of posting of the notice of deposit, in the case of deposits made under this Act or the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948, or the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950;(b)if it is not withdrawn within two years of the date on which this Act comes into force, in the case of deposits made under the Bengal House Rent Control Order, 1942, or the Calcutta House Rent Control Order, 1943, or the Calcutta Rent Ordinance, 1946:Provided that if at the time when the period mentioned in clause (a) or clause (b) expires, any person entitled to withdraw such rent is under any legal disability' mentioned in section 6 or section 7 of the Indian Limitation Act, 1908, no order of forfeiture shall be made before the expiry of three years from the date when such disability has ceased.'.]](6A)[ Any deposit of rent credited to Government as a lapsed deposit under sub-section (6) shall be repayable to the landlord or to the person or persons entitled to receive the rent deposited in accordance with such procedure as may be prescribed.] [[Sub-Sections (6) and (6A) substituted for original sub-Section (6) by W.B. Act 29 of 1965. Original sub-Section (6) was as under :-'(6) Any rent in deposit which is not withdrawn by the landlord or by the person or persons entitled to receive such rent shall be forfeited to Government by an order made by the Controller -(a)if it is not withdrawn before the expiration of ten years from the date of posting of the notice of deposit, in the case of deposits made under this Act or the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948, or the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950;(b)if it is not withdrawn within two years of the date on which this Act comes into force, in the case of deposits made under the Bengal House Rent Control Order, 1942, or the Calcutta House Rent Control Order, 1943, or the Calcutta Rent Ordinance, 1946:Provided that if at the time when the period mentioned in clause (a) or clause (b) expires, any person entitled to withdraw such rent is under any legal disability' mentioned in section 6 or section 7 of the Indian Limitation Act, 1908, no order of forfeiture shall be made before the expiry of three years from the date when such disability has ceased.'.]][* * * * * * * * * *] [[Sub-Section (7) omitted by W.B. Act 29 of 1965, which was as under :-'(7) Before passing an order of forfeiture, the Controller shall give a notice to the landlord or the person or persons entitled to receive the rent in deposit, by registered post at the last known address of such landlord or person or persons and shall also publish the notice in his office and in any local newspaper. The Controller shall not pass any order of forfeiture until after the expiry of 30 days from the date of issue of such notice by post. The cost of transmission by post and the cost of publication of such notice shall be deducted from the amount in deposit in accordance with such rules as may be prescribed.'.]](8)If at the time of filing the petition mentioned in sub-section (5), but not after the expiry of thirty days from receiving the notice of deposit, the landlord or the person or persons mentioned in sub-section (3) complain to the Controller that the statements in the tenant's application of the reasons and circumstances which let him to deposit the rent are untrue, the Controller, after giving the, tenant an opportunity of being heard, may levy on the tenant a fine which may extend to an amount equal to two months' rent or one hundred rupees, whichever is more, if he is satisfied that the said statements were materially untrue and may order that a sum out of the fine released to paid to the landlord as compensation.(9)The Controller may on the complaint of the tenant and after giving an opportunity to the landlord of being heard levy on the landlord a fine which may extend to an amount equal to two months' rent or one hundred rupees whichever is more if he is satisfied that the landlord without any reasonable cause refused to accept rent though tendered to him within the time referred to in section 4 and may further order that a sum out of the fine realised be paid to the tenant as compensation.
