Section 39 in The West Bengal Premises Tenancy Act, 1997
39. Powers of Controller.
(1)The Controller may transfer any proceeding pending before him for disposal to any Additional Controller or Deputy Controller or withdraw any proceeding pending before any Additional Controller or Deputy Controller and dispose of such proceeding himself or transfer such proceeding for disposal to any other Additional Controller or Deputy Controller.(2)The Controller shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, for the purposes of -(a)summoning and enforcing the attendance of any person and examining him on oath;(b)requiring the discovery and production of document;(c)issuing commission for examination of witness;(d)issuing commission for local investigation;(e)such other matters as may be prescribed.(3)For the purposes of holding an inquiry or discharging any duty under this Act, the Controller may, -(a)after giving not less than twenty-four hours' notice in writing, enter and inspect, or authorise any officer subordinate to him to enter and inspect, any premises at any time between sunrise and sunset, or(b)by written order, require any person to produce for his inspection such books or other documents relevant to the inquiry, at such time and at such place as may be specified in the order.(4)The Controller may, if he thinks fit, appoint one or more person having special knowledge of the matter under consideration as assessor or valuer to advise him in the proceeding before him.[* * * * * * * *] [[Sub-section (5) omitted by W.B. Act 6 of 2005, which was as under :-'(5) The Controller may appoint a guardian for a minor defendant in any proceeding pending before him.'.]][* * * * * * * *] [[Sub-section (6) omitted by W.B. Act 8 of 2005, which was as under :-'(6) The Controller may grant temporary injunction in such cases as may be prescribed.'.]](7)Any clerical or arithmetical mistake in any order passed by the Controller or any error arising out of any accidental omission may, at any time, be corrected by the Controller on an application received by him in this behalf from any of the parties or otherwise.(8)The Controller may exercise the powers of a Judicial Magistrate for the recovery of the fine under the provisions of the Code of Criminal Procedure, 1973.(9)Save as otherwise provided in the foregoing provisions of this section, an order passed by the Controller under any provision of this Act or Words substituted for tho words 'an order passed on an appeal, revision or review therefrom' by W.B. Act 6 of 2005.[an order other than that under section 6 passed on an appeal, revision or review therefrom] shall be executed by the Controller as a decree of a civil court and, for this purpose, the Controller shall have all the powers of a civil court.(10)The Controller may, for sufficient reason, direct any document or book produced before him in any proceeding to be impounded and kept in the custody of an officer under him for such period, and subject to such condition, as he may think fit.(11)The Controller may, at any stage of a proceeding, allow either party to alter or amend his pleadings in such manner and at such time as he may deem just. All such alterations or amendments as may be necessary shall be made for the purpose of determining the question in dispute between the parties.(12)The Controller may, at any stage of a proceeding, either on his own motion or upon the application of either party and on such terms as may appear to him to be just, order that the name of any party improperly joined be struck out and that the name of any person who ought to have been joined, whether as a petitioner or as an opposite party or whose presence before him may be necessary in order to enable him effectively and completely to adjudicate upon and settle all the questions involved in the proceedings, be added.(13)The Controller may, for sufficient reason to be recorded in writing, by order, require the personal appearance of either party.(14)The Controller may set aside an order passed ex parte if the aggrieved party files an application and satisfies him that notice was not duly served or that he was prevented by any sufficient cause from appearing when the case was called for hearing.(15)The Controller may, [for causing delivery of possession of any premises to a landlord or tenant,] [Words substituted for the words 'for causing delivery of possession of any premises to a landlord of tenant, as tho case may be, and for causing eviction of any person in occupation of such promises,' by W.B. Act 6 of 2005.] send a requisition, in writing, to the officer-in-charge of the police station within the jurisdiction of which the premises is situate or to any police officer superior to such officer-in-charge in rank and, on receipt of such requisition, the officer-in-charge or the police officer, as the case may be, shall render all necessary and lawful assistance to the Controller for effecting the delivery of possession of such premises.
