Section 9(3) in The West Bengal Premises Tenancy Act, 1997
(3)Whenever any [any suit is instituted before the Civil Judge] [Words 'the Civil Judge' first substituted for the words 'the Controller' by W.B. Act 6 of 2005, then the words within third brackets substituted for the words 'any application is filed before the Civil Judge' by W.B. Act 12 of 2006.] by a landlord under sub-section (1) or sub-section (2), [the Civil Judge] [Words substituted for the words 'the Controller' by W.B. Act 6 of 2005.] shall issue summons in the form specified in Schedule I, provided that -(a)where the landlord has retired or will retire within a period of less than one year as a member of the Army, Navy or Air Force, a certificate by the Area or Sub-Area Commander within whose jurisdiction the premises is situated or by the head of his service or by his Commanding Officer that he retired or will retire as such member and that he requires the premises for his own occupation or for the occupation of his family after retirement, or(b)where the landlord is the parent or wife of such member of the Army, Navy or Air Force, a certificate by the Area or Sub-Area Commander within whose jurisdiction the premises is situated or the Area or Sub-Area Commander under whom such member serves that he or she is the parent or wife, as the case may be, of such member of the Army, Navy or Air Force, and that he or she requires the premises for his or her occupation or for the occupation of his or her family after the retirement of such member,shall be produced before [the Civil Judge] [Words substituted for the words 'the Controller' by W.B. Act 6 of 2005.] [while instituting such suit.] [Words substituted for the words 'while filing the application' by W.B. Act 12 of 2006.].Explanation. - For the purposes of this sub-section. Area or Sub-Area Commander shall include (a) in the case of persons retired from the Navy, Flag Officer Commanding and Chief of Naval Command and (b) in the case of persons retired from the Air Force, the Air Force Station Commander.
