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State of West Bengal - Section

Section 12 in The West Bengal Premises Tenancy Act, 1956.

12. When fair rent fixed by the Controller, takes effect.

- When in fixing the fair rent or any increase of rent under section 9 or revising the fair rent under section 11, the rent which was being paid at the time of the application is -
(a)decreased by the Controller, the rent so fixed shall be payable from the month of tenancy next after the date of application and the excess amount paid, if any, shall be recoverable under the order of the Controller by instalments or otherwise;
(b)increased by the Controller, the rent so fixed shall be payable from the month of tenancy next after the date of the application and the additional amount payable on account of the increase up to and including the month of the tenancy immediately preceding the month in which the order for increase is passed shall be recoverable by the landlord by such instalments or otherwise as the Controller may order :
Provided that -
(i)so much of the increase as is referred to in clause (a) of section 9 shall be payable from the month of tenancy in which the increase in the municipal rates and taxes came into force,
(ii)so much of the increase as is referred to in clause (b) of the said section shall be payable from the month of tenancy next after that in which the improvement or structural alteration was completed.