Section 21 in The West Bengal Premises Tenancy Act, 1997
21. Deposit of rent by tenant.
(1)Where the landlord does not accept any rent tendered by the tenant within the prescribed period, the tenant shall remit the rent to the landlord by postal money order within fifteen days of such refusal.(2)Where any tenant remits rent to the landlord by postal money order within the prescribed period and it is returned to the tenant by the postal authority as undelivered, either on account of the landlord having refused to accept the payment thereof or for any other reason, the tenant may deposit such rent with the Controller within fifteen days from the date on which it is so returned to the tenant.(3)Where there is a bona fide doubt as to the person or persons to whom rent is payable, the tenant may deposit such rent with the Controller in the prescribed manner.(4)The deposit shall be accompanied by an application supported by an affidavit by the tenant stating -(a)the premises for which the rent is to be deposited and description of the premises sufficient for identifying the same;(b)the period for which the rent is to be deposited;(c)the name and address of the landlord or the person or persons claiming to be entitled to such rent;(d)the reasons for, and the circumstances of, application for deposit of the rent.(5)The tenant shall also produce for scrutiny by the Controller the last rent receipt and money order form returned by the postal authority. In the case of deposit of rent for successive months during any continuous period, no affidavit in support of the application shall be required after the first deposit, if the reasons and the circumstances which led the tenant to make the first deposit remain the same.(6)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.(7)On such deposit of the rent, the Controller shall send in the prescribed manner the copy or copies of the application to the landlords or persons claiming to be entitled to the rent with an endorsement showing the date of deposit, such endorsement being authenticated by the seal of the office, and the signature, of the Controller or some other officer authorised by him in this behalf. Such authenticated copy of the application shall be admissible in evidence in any court.(8)Where rent for any month has been deposited on the ground that postal money order was returned, then the tenant may, without further tender of rent by postal money order to the landlord, continue to deposit the rent with the Controller 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 prescribed period.(9)[ If an application is made for the withdrawal of any deposit of rent under section 23, the Controller shall order the amount of the rent to be paid to him in the manner mentioned in that section and the rules made thereunder.] [Sub-sections (9), (10) and (11) inserted by W.B. Act 21 of 2008.](10)[ If any deposit of rent is not withdrawn by the landlord or by the persons entitled to receive the rent deposit -(a)in the case of a deposit made under this Act, within three years from the date of posting of the notice made under sub-section (7) or within three years from the date of commencement of the West Bengal Premises Tenancy Act, 1997, whichever is later;(b)in the case of a deposit made under the West Bengal Premises Tenancy Act, 1956, the West Bengal Rent Control (Temporary Provision) 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 Act, 1997, within two years from such date,such deposit shall be credited to Government as a lapsed deposit.] [Sub-sections (9), (10) and (11) inserted by W.B. Act 21 of 2008.](11)[ Any deposit of rent credited to Government as a lapsed deposit under sub-section (10), shall be repayable to the landlord or to the person or persons entitled to receive the rent deposited in accordance with such procedures as may be prescribed.] [Sub-sections (9), (10) and (11) inserted by W.B. Act 21 of 2008.]
