Section 40 in The West Bengal Premises Tenancy Act, 1956.
40. [ Repeal and savings. [[Section 40 substituted by W.B. Act 18 of 1956, which was earlier as under :-
'40. Repeal. - The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, is hereby repealed.'.]](1)The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 (in this section referred to as the said Act), is hereby repealed.(2)Notwithstanding the repeal of the said Act :-(a)any proceeding pending on the 31st day of March, 1956, may be continued, or,(b)any proceeding or remedy in respect of any right, privilege, obligation, liability, penalty, forfeiture or punishment under the said Act and relating to the period before such repeal may be instituted [or enforced],as if the said Act had been in force [and had not been repealed or had not expired] [Words inserted by W.B. Act 27 of 1959.] :Provided that for any of the purposes aforesaid, a Controller, an Additional Controller or a Deputy Controller appointed under this Act shall be deemed to be a Controller, an Additional Controller or a Deputy Controller appointed under the said Act.Explanation. - In this section "proceeding" includes any suit, appeal, review or revision, application for execution, or any other proceeding whatsoever under the said Act.(2A)[ For the removal of doubts it is hereby declared that notwithstanding any decision of any court to the contrary, any proceeding pending on the 31st day of March, 1956 which was continued after that date and any decree passed or order made after that date in accordance with the provisions of the said Act in any such proceeding, shall be deemed to have been validly continued, passed or made, as if the said Act had been in force, and had not been repealed or had not expired, and no such proceeding, decree or order shall be called in question in any manner merely on the ground that the said Act was not in force when such proceeding was continued, decree was passed or order was made.] [Sub-section (2A) inserted by W.B. Act 27 of 1959.](3)In computing the period of limitation for the institution of any proceeding [* * * * * *] [Words 'under the said Act' omitted by W.B. Act 27 of 1959.] the period beginning with the 31st day of March, 1956 and ending with the 30th day after the commencement of the West Bengal Premises Tenancy (Amendment) Act, 1956, shall be excluded.] ['Explanation', as inserted by W.B. Act 36 of 1978, renumbered as 'Explanation I' and 'Explanation II' inserted by W.B. Act 14 of 1988.]
