Subject NOT available · Indian Gazettes

REGISTERED No. D. 221 रोजस्ट्री संख्या डी 221

भारत का राजपत्र The Gazette of India

श्रसाधारण

EXTRAORDINARY

भाग 11 -खण्ड-1

PART II- Section 1

प्राधिकार से प्रकाशित

PUBLISHED BY AUTHORITY

सं० ४]

नई दिल्ली, जंगलबार , भर्च 26, 1968/ चैत्र 6, 1890 N3, 8 ] NEW DELHI , TUESDAY , MARCH 26 , 1968 / CHAITRA 6 , 1890

इस भाग में नि५ पृष्ठ वो जती है जिसस कि यह श्रग संकलन के रूप में रखा जा सक ।

separate paging is given to this Part in order that it may be filed as a separate compilation .

MINISTRY OF LAW

(Legislative Department )

New Delhi , the 26th March , 1966 / Chaitra 6 , 1890 ( Saka)

The following President's Acts are published for general infor- mation: -

THE WEST BENGAL LAND REFORMS

(AMENDMENT) ACT , 1968

No. 1 OF 1968

Enacted by the President in the Nineteenth Year of the Republic of India .

An Aci further to amend the West Bengal Land Reforms Act, 1955 .

6 of 1968.

In exercise of the powers conferred by section 3 of the West Ben- gal State Legislature (Delegation of Powers ) Act , 1968 , the Presi- dent is pleased to enact as follows : -

1. This Act may be called the West Bengal Land Reforms ( Amend- Short title . ment ) Act , 1968 .

(29) [PART II

THE GAZETTE OF INDIA EXTRAORDINARY

ActX of West Bengal 1956 .

Amend- ment 4. of section

2. In section 4 of the West Bengal Land Reforms Act , 1955 ( here- inafter referred to as the principal Act ) , in sub- section ( 2B ) , for the words " a fine not exceeding three hundred rupees , and where the breach is a continuing one , a further fine not exceeding fifty rupees for each day " , the words " a fine not exceeding two thousand rupees , and where the breach is a continuing one , a further fine not exceed- ing two hundred rupees for each day " shall be substituted .

3. After section 16 of the principal Act , the following section shall be inserted , namely : -

Insertion of new section 16A.

Bargadar title to recover his share in certain cases.

" 16A. If the produce of any land cultivated by a bargadar is harvested and taken away , or if such produce after it is harvest- ed by the bargadar is taken away , forcibly or otherwise , by the owner of such land, the bargadar shall be entitled to recover from such owner the share of the produce due to him or its money value." .

4. In section 18 of the principal Act ,-

Amend- ment of section 18.

(a) in sub - section ( 1) , after clause ( a) , the following clause shall be inserted , namely : -

" (aa) recovery of produce under section 16A , " ;

(b ) after sub - section (3 ) , the following sub - section shall be inserted , namely : --

" ( 3A ) The decision of any dispute referred to in clause (aa) of sub -section ( 1 ) shall specify the quantity of the produce recoverable from the owner by the bargadar as his share and also its money value which shall be payable by the owner in default of delivery of such quantity of the produce ." .

Repeal and saving.

5. ( 1 ) The West Bengal Land Reforms ( Amendment ) Ordinance , 1967 is hereby repealed .

West Bengal Ordinance XII of 1967.

(2 ) Notwithstanding such repeal , anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act as if this Act had come into force on the 22nd aay of December , 1967 .

ZAKIR HUSAIN , President .

V. N. BHAΤΙΑ ,

Secy . to the Govt . of India , SEC . 1 ]

THE GAZETTE OF INDIA EXTRAORDINARY

Reasons for the enactment

Under the West Bengal Land Reforms Act , 1955 , it is the duty of the bargadar to deliver to the owner of the land his share of the produce . In case of any default on the part of the bargadar , the owner has the right of going to the officer or authority appointed under section 18 of the Act and obtaining from him an order com- pelling the bargadar to deliver the share of the crop or its money value to the owner . But the bargadar had no corresponding right or remedy in the event of the owner of the land harvesting or taking away the whole of the crop forcibly or otherwise. For the sake of equity the Government of West Bengal considered it expedient that the bargadar should be given the same right and remedy as the owner of the land has in the matter of recovery of his share of the produce or its money value . For this purpose the Governor of West Bengal promulgated on the 22nd December , 1967 the West Bengal Land Reforms ( Amendment ) Ordinance , 1967 ( West Bengal Ordinance No. XII of 1967 ) .

2. The proposed measure seeks to replace the said Ordinance . As the punishment for a breach of the provisions of sub - section ( 2A) of section 4 of the Act is not sufficiently deterrent , opportunity is also taken in this measure to amend sub - section ( 2B ) of that section in order to enhance the punishment provided therein .

3. As it is not practicable to refer the present legislation to the Consultative Committee of Parliament on West Bengal legislation , it has been decided , in view of the urgency of the matter , to enact the present legislation without such reference.

B. SIVARAMAN , Secy. to the Govt . of India , Ministry of Food , Agriculture , Community Development and

Co-operation .

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

THE CALCUTTA THIKA TENANCY (AMENDMENT )

ACT , 1968

No. 2 OF 1968

Enacted by the President in the Nineteenth Year of the Republic of India .

An Act further to amend the Calcutta Thika Tenancy Act. 1949.

In exercise of the powers conferred by section 3 of the West Ben- gal State Legislature (Delegation of Powers ) Act , 1968 , the Presi- 6 of 1968 . dent is pleased to enact as follows: -

Short title . 1. This Act may be called the Calcutta Thika Tenancy ( Amend- ment ) Act , 1968 .

Amendment ofsection 1.

2. In sub - section ( 2 ) of section 1 of the Calcutta Thika Tenancy West Bengal Act , 1949 ( hereinafter referred to as the principal Act ) , the following Act II of 1949 . words and figures shall be , and shall be deerned always to have been , onuitted , namely : -

"such suburbs of Calcutta as may have been or may hereafter Bengal Act be notified under section 1 of the Calcutta Suburban Police Act , II of 1866 . 1866 and are not included within Calcutta es so defined and also" .

Act to over ride othe laws , etc.

3. The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any law for the time being in force or in any rule , order or notification or in any contract , express or implied and notwithstanding any decision of any court , tribunal or other authority to the contrary .

Act to apply to certain suits , appeals etc.

Ordinance 4. The provisions of this Act shall apply to all suits , appeals and West Bengal other proceedings ( including proceedings in execution ) pending at IX of 1967 . the commencement of the Calcutta Thika Tenancy (Amendment ) Ordinance , 1967 .

Validation ,

Ordinance Estates Acquisition Act , 1953 in respect of any land situated within West Bengal 5. Anything done or any action taken contrary to the provisions West Bengal of clause ( b ) of sub - section (1 ) of section 6 of the West Bengal Act I of 1954 . suh suburbs of Calcutta to which the provisions of the principal Act IX of 1967 . had, before the commencement of the Calcutta Thika Tenancy (Amendment) Ordinance , 1967 , extended , shall be deemed to have been as validly done or taken as ifthe principal Act had not extended to the said suburbs of Calcutta when such thing was done or such action was taken .

SEC . 1 ]

THE GAZETTE OF INDIA EXTRAORDINARY

West Bengal Ordinance VI of 1968 .

6. ( 1 ) The Calcutta Thika Tenancy (Amendment ) Second Ordi- Repeal and saving nance , 1968 is hereby repealed .

(2 ) Notwithstanding such repeal , anything done or any action taken ( including any order made , proceeding commenced , obligation or liability incurred ) , or deemed to have been done or taken , under the principal Act as amended by the said Ordinance shall continue to be in force and shall be deemed to have been validly done , taken , made , commenced or incurred , as the case may be , under the princi- pal Act as amended by this Act as if this Act were in force on the day on which such thing was done , such action was taken , such order was made , such procceding was commenced or such obligation or liability was incurred .

ZAKIR HUSAIN , President .

V. N. BHATIA , Secy . to the Govt . of India .

Reasons for the enactment

The Garden Reach Municipal area is outside the area described in Schedule I to the Calcutta Municipal Act, 1951 ( West Bengal Act XXXIII of 1951 ) and as such the West Bengal Estates Acquisition Act , 1953 ( West Bengal Act I of 1954 ) extends to this area . Accordingly , in the last Revisional Settlement Operation , the record- of- rights was prevared showing the thika tenants there as tenants holding directly under the State .

2. The retrospective introduction of the Explanation to clause ( b ) of sub - section ( 1 ) of section 6 of the West Bengal Estates Acquisition Act , 1953 ( West Bengal Act I of 1954) , by the West Bengal Estates Acquisition ( Amendment ) Act, 1961 ( West Bengal Act IX of 1961 ) , which entitled an intermediary to retain land appertaining to build- ings and structures owned by a thika tenant as defined in the Calcutta Thika Tenancy Act , 1949 ( West Bengal Act II of 1949 ) , however , created in the area a serious problem , the full implication of which came to light when the thika tenants faced ejectment for not paying rent to the intermediaries although they had paid the rent to the State Government .

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II 34

3. With a view to removing the anomalous position and regularising the action already taken in vesting the intermediary interests in the State , it was considered necessary that the Calcutta Thika Tenancy Act , 1949 ( West Bengal Act II of 1949 ) should be so amended as to take out , with retrospective effect , the Garden Reach Municipal area which was notified under section 1 of the Calcutta Suburban Police Act , 1866 ( Bengal Act II of 1866 ) , from the area within which the Calcutta Thika Tenancy Act , 1949 ( West Bengal ActII of 1949) applied.

4. The Calcutta Thika Tenancy (Amendment ) Ordinance , 1967 (West Bengal Ordinance IX of 1967 ) was accordingly promulgated by the Governor of West Bengal .

5. The Legislature of West Bengal having had a session on the 29th November , 1967 , the Ordinance was due to expire on the 9th January , 1968. In order to continue the provisions of the Ordinance , the Governor of West Bengal promulgated the Calcutta Thika Tenancy ( Amendment ) Second Ordinance , 1968 (West Bengal Ordi- nance VI of 1968 ) .

6. The proposed measure seeks to replace the Calcutta Thika Tenancy ( Amendment ) Second Ordinance , 1968 ( West Bengal Ordinance VI of 1968 ) .

7. As it is not practicable to refer the present legislation to the Consultative Committee of Parliament on West Bengal legislation , it has been decided , in view of the urgency of the matter , to enact the present legislation without such reference.

B. SIVARAMAN ,

Secy. to the Govt . of India , Ministry of Food , Agriculture , Community Development and Co-operation .

THE GAZETTE OF INDIA EXTRAORDINARY

SEC. 1J

THE CALCUTTA THIKA TENANCY STAY OF PROCEEDINGS ( TEMPORARY PROVISIONS ) ACT, 1968

No. 3 of 1968

Enacted by the President in the Nineteenth Year of the Republic of India .

An Act to provide for the temporary stay of proceedings for ejectment of thika tenants .

6 of 1698.

In exercise of the powers conferred by section 3 of the West Ben- gal State Legislature ( Delegation of Powers ) Act , 1968, the Presi- dent is pleased to enact as follows : -

1. ( 1 ) This Act may be called the Calcutta Thika Tenancy Stay of Proceedings ( Temporary Provisions ) Act , 1968 .

(2) It extends to the areas to which the Calcutta Thika Tenancy

Short title , extent, commence- ment and duration .

WestBengal Act II of Act , 1949 extends . 1949 .

( 3 ) It shall be deemed to have come into force on the 26th day of August , 1967 and shall remain in force up to and inclusive of the 25th day of September , 1968 .

2. In this Act , the expression " thika tenant " has the same mean- Definition . ing as in the Calcutta Thika Tenancy Act , 1949 .

WestBengal Act II of 1949.

3. Notwithstanding anything contained in the Calcutta Thika Tenancy Act , 1949 or in any other law for the time being in force , West Bengal Act II of 1949.

Stay of pro- ceedings for ejectment of thika nants . te-

(a) all applications for ejectment of thika tenants ,

(b) all appeals from orders made on such applications , and

under the provisions of the said Calcutta Thika Tenancy Act which are pending at the date of commencement of this Act or which may be made, preferred or commenced after such date but before the expiry of this Act , shall be stayed for the period during which this Act continues in force .

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II 36

Limitation , 4. In computing the period of limitation prescribed by any law for the time being in force for an application for the ejectment of a thaka tenant or for an appeal from an order made on such applica- tion or for the execution of an order for ejectment of a thika tenant , the period during which this Act continues in force shall be excluded .

Repeal and saving .

5. ( 1 ) The Calcutta Thika Tenancy Stay of Proceedings ( Tem- porary Provisions ) Second Ordinance , 1968 is hereby repealed .

West Bengal Ordinance I of 1968 .

( 2 ) Notwithstanding such repeal , any order made or deemed to have been made , thing done or deemed to have been done or action taken or deemed to have been taken under the said Ordinance shall continue to be in force and shall be deemed to have been made , done or taken , as the case may be , under this Act .

ZAKIR HUSAIN , President .

V. N. BHATΙΑ , Secy , to the Govt . of India .

Reasons for the enactment

on Under the Calcutta Thika Tenancy Act , 1949 (West Bengal Act II of 1949 ) , a thika tenant is liable to ejectment from his holding one or more of the grounds mentioned in that Act . Of late the prob- lem of ejectment of thika tenants has assumed considerable magni- tude particularly in the context of soaring land prices . The Gov- ernment of West Bengal , therefore , proposed to undertake prehensive legislation for amending the Act with a view to prevent- ing unfair eviction of thika tenants. Pending such a comprehensive amendment of the Act which would take some time , it was consi- dered expedient by that Government to suspend temporarily all proceedings for ejectment of thika tenants . a com-

2. As the West Bengal Legislature was not in session and in view of the urgency of the matter , the Calcutta Thika Tenancy Stay of Proceedings ( Temporary Provisions ) Ordinance , 1967 (West Bengal Ordinance No. V of 1967 ) was accordingly promuigated by the Gov- ernor of West Bengal on the 26th August , 1967. A session of the West Bengal Legislature was held on the 29th November , 1967 , but it was suddenly prorogued . As the Ordinance was due to expire on THE GAZETTE OF INDIA EXTRAORDINARY

37 SEC . 1 ]

the 9th January , 1968 and as proposals for amendment of the Calcutta Thika Tenancy Act were yet to be finalised , the Calcutta Thika Ten- ancy Stay of Proceedings (Temporary Provisions ) Second Ordin- ance , 1968 ( West Bengal Ordinance No. I of 1968 ) was promulgated by the Governor of West Bengal to continue the provisions of the first Ordinance .

3. The proposed measure seeks to replace the Calcutta Thika Tenancy Stay of Proceedings ( Temporary Provisions ) Second Ordi- nance , 1968 ( West Bengal Ordinance No. I of 1968 ) .

4. As it is not practicable to refer the present legislation to the Consultative Committee of Parliament on West Bengal legislation, it has been decided , in view of the urgency of the matter , to enact the present legislation without such reference .

B. SIVARAMAN ,

Secy . to the Govt . of India .

Ministry of Food , Agriculture , Community Development and

Co-operation .

THE WEST BENGAL PREMISES TENANCY ( AMENDMENT ) ACT , 1968

No. 4 OF 1968

Enacted by the President in the Nineteenth Year of the Republic of India .

An Act further to amend the West Bengal Premises Tenancy Act , 1956 .

6 of 1968 .

In exercise of the powers conferred by section 3 of the West Bengal State Legislature ( Delegation of Powers ) Act , 1968 , the President is pleased to enact as folows :-

1. ( 1) This Act may be called the West Bengal Premises Tenancy (Amendment) Act , 1968 .

Short title and com- mencement .

(2) It shall be deemed to have come into force on the 26th day of August , 1967 .

West Bengal Act XII of 1956.

2. In section 17 of the West Bengal Premises Tenancy Act , 1956 ( hereinafter referred to as the principal Act ) ,-

Amendment ofsection 17 [PART II THE GAZETTE OF INDIA EXTRAORDINARY

(1 ) after sub - section ( 2 ) , the following sub - sections shall be inserted , namely :-

" (2A ) Notwithstanding anything contained in sub- section ( 1) or sub - section ( 2) , on the application of the tenant , the Court may, by order.-

(a) extend the time specified in sub - section ( 1 ) or sub - section ( 2 ) for the deposit or payment of any amount referred to therein;

(b) having regard to the circumstances of the tenant as also of the landlord and the total sum inclusive of interest required to be deposited or paid under sub- section ( 1) on account of default in the payment of rent, permit the tenant to deposit or pay such sum in such instalments and by such dates as the Court may fix : Provided that where payment is permitted by instal- ments , such sum shall include all amounts calculated at the rate of rent for the period of default including the period subsequent thereto up to the end of the month previous to that in which the order under this sub- section is to be made with interest on any such amount calculated at the rate specified in sub- section ( 1) from the date when such amount was payable up to the date of such order .

( 2B) No application for extension of time for the deposit or payment of any amount under clause ( a) of sub- section (2A) shall be entertained unless it is made before the expiry of the time specified therefor in sub - section ( 1) or sub- section ( 2 ) , and no application for permission to pay in instalment under clause ( b ) of sub - section ( 2A ) shall be entertained unless it is made before the expiry of the time specified in sub- section ( 1) for the deposit or payment of the amount due on account of default in the payment of rent. " ;

( 2) For sub - section ( 3 ) , the following sub - section shall be substituted , namely: -

" (3) If a tenant fails to deposit or pay any amount referred to in sub - section ( 1 ) or sub - section ( 2 ) within the time specified therein or within such extended time as may be allowed under clause ( a) of sub - section ( 2A) , or fails to deposit or pay any instalment permitted under clause ( b) of sub - section ( 2A ) within the time fixed therefor, the Court shall order the defence against delivery of possession to be struck out and shall proceed with the hearing of the suit . " ;

THE GAZETTE OF INDIA EXTRAORDINARY

SEC . 11

(3 ) In sub - section ( 4 ) ,--

(a) for the words , brackets and figure " or sub - section (2 )" , the words , brackets , figures and letter " sub - section ( 2 ) or sub - section ( 2A ) " shall be substituted ;

(b) for the existing proviso , the following proviso shall be substituted , namely : -

"Provided that a tenant shall not be entitled to any relief under this sub - section if, having obtained such relief once in respect of the premises , he has again made default in the payment of rent for four months within a period of twelve months ." .

3. For section 17A of the principal Act , the following sections Substitution shall be substituted, namely : -

of new sec tions for secс- tion 17A . of Court to set defence Power , aside order striking out against deli- very of pos- session .

"17A. ( 1 ) Where in a suit pending at the date of commence- ment of the West Bengal Premises Tenancy ( Amendment) Act 1968 the defence against delivery of possession was struck out by an order made under sub- section ( 3 ) of section 17 before such date, the tenant may, within a period of thirty days from such date make an application to the Court which made such order to set aside such order .

(2) On receipt of an application under sub- section ( 1 ) , the Court shall determine , after giving credit for every deposit or payment made by the tenant in accordance with the provisions of sub - section ( 1 ) or sub - section ( 2 ) of section 17 , the total amount which the tenant remained liable to deposit or pay in accordance with such provisions up to the end of the month previous to that in which the order under this sub - section is to be made and direct the tenant , by order , to deposit such amount in the Court within a period of thirty days from the date of the order .

(3) If the tenant deposits such amount within such time, the Court shall allow the application under sub - section ( 1 ) and set aside the order made under sub - section ( 3) of section 17 striking out the defence against delivery of possession , and per- mit the tenant to defend the claim for delivery of possession .

(4) If the tenant fails to deposit such amount within such time , his application under sub - section ( 1) shall be dismissed with such costs as the Court may award to the landlord .

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

Power of Court to set aside decree in cases where def- ence against delivery of possession struck out .

17B. ( 1 ) Where a decree for the recovery of possession of any premises was passed before the commencement of the West Bengal Tenancy (Amendment ) Act , 1968 , in a suit in which the defence against delivery of possession was struck out by an order under sub - section ( 3 ) of section 17, but the possession of such premises has not been recovered from the tenant by the execu- tion of such decree , the tenant may , within a period of sixty days of such commencement, make an application to the Court which passed such decree to set aside such decree .

Explanation . Where such decree has been passed in the exercise of appellate jurisdiction , an application under this sub- section shall be made to the Court of first instance .

(2) All proceedings in execution of such decree shall remain stayed during the period referred to in sub -section ( 1) and , where an application under that sub -section has been made by the tenant within such period , until such application is disposed of by the Court .

(3) On receipt of an application under sub -section ( 1) the Court shall cause a notice thereof to be served on the landlord and after hearing such evidence as the parties may adduce, determine-

(a) the total amount that the tenant was liable to deposit or pay in accordance with the provisions of sub- section ( 1 ) or sub - section ( 2) of section 17 during the period ending with the date of the decree for the recovery of possession , after giving credit for every deposit or payment made by the tenant in accordance with such provisions during such period ; and

(b) the total amount that the tenant remained liable to pay if he had to pay for the period commencing from the date of such decree and ending with the date of the order to be made under this sub - section a monthly sum equivalent to the rent at the rate at which it was last paid , after giving credit for all such sums that the tenant might have deposited in the Court or with the Controller or paid to the landlord for such period ,

and direct the tenant , by order , to deposit in the Court the aggre- gate of the amounts referred to in clauses ( a) and ( b ) within such time , not exceeding sixty days from the date of the order, as the Court may fix .

41 THE GAZETTE OF INDIA EXTRAORDINARY

SEC. 1 ]

(4) If the tenant deposits the amount ordered by the Court within the time fixed by it , the Court shall allow the appli- cation under sub - section ( 1 ) and set aside the decree for the recovery of possession passed in the suit and the order made under sub - section ( 3 ) of section 17 striking out the defence against delivery of possession , and fix a date for proceeding with the hearing of the suit.

(5) If the tenant fails to deposit the amount ordered by the Court within the time fixed by it , his application under sub- section ( 1 ) shall be dismissed with such costs as the Court may award to the landlord .

17C . A tenant who deposits the amount as directed by the Court under sub - section ( 2 ) of section 17A or sub - section ( 3 ) of section 17B shall , for the purpose of sub - section (4 ) of section 17 , be deemed to have duly made the deposit as required by sub- section ( 1 ) or sub - section ( 2 ) of section 17. " .

Deposit un- der section 17A or sec- tion 17B to be bedeemed to as required by sub - sec- tion ( 1) or sub - section (2) of section 17 .

Amendment 4. In sub- clause ( vi ) of clause ( a ) of sub - section ( 6 ) of section 26 of the principal Act , for the words " a member of the Executive " , the of section 26 following words shall be , and shall be deemed always to have been , substituted , namely : --

" a member of the Indian Administrative Service or a mem- ber of the Executive" .

5. The amendments made to the principal Act by section 2 of this Retrospec- Act shall have effect in respect of suits including appeals which are tive effect . pending at the date of commencement of this Act .

West Bengal Ordinance

6. ( 1 ) The West Bengal Premises Tenancy ( Amendment ) Second Repeal and Ordinance , 1968 is hereby repealed . saving.

II of 1968 .

ZAKIR HUSAIN ,

President .

V. N. BHAΤΙΑ ,

Secy . to the Govt . of India .

THE GAZETTE OF INDIA EXTRAORDINARY

[FART II

Reasons for the enactment

Under section17 of the West Bengal Premises Tenancy Act , 1956 (West Bengal Act XII of 1956 ) as it stood before its amendment by the West Bengal Premises Tenancy ( Amendment ) Ordinance , 1967 (West Bengal Ordinance No. VI of 1967 ) , all tenants contesting a suit for ejectment were required to deposit the entire rent within thirty days of the service of summons and thereafter to deposit the current rent , month by month , within the fifteenth day of the month next succeeding the month for which rent is due . Any default on the part of the tenant made it obligatory for the Court to strike out his defence against delivery of possession . Moreover , a tenant who has defaulted in paying rent for four months within a period of twelve months was debarred from avoiding ejectment by making a deposit or payment as required by sub -section ( 1) or sub - section ( 2) of section 17. The Court had no powers , even in cases of real hard- ship of extending the time for making the deposit . Since the provi- sions of the Act were causing severe hardship to the tenants in some cases , it was considered necessary by the Government of West Bengal to give the tenants some relief by an amendment of the Act . Accord- ingly the West Bengal Premises Tenancy ( Amendment ) Ordinance , 1967 ( West Bengal Ordinance No. VI of 1967 ) was promulgated by the Governor of West Bengal in August , 1967 .

2. The main provisions of the Ordinance were as follows :-

( a) the Court was empowered to extend the time limit for payment of the arrear dues by the tenant and to allow instal- ments in deserving cases ;

whether to strike out the even in cases of failure to ( b ) the Court had discretion defence against ejectment or not , deposit or to pay the arrear dues in time ;

( c) the tenant had the opportunity for once only to avoid ejectment on the ground of default in payment of rent, irrespective of the period of default by making deposit or payment of all arrear dues . On any subsequent occasion , however , default in payment of rent for four months within a period of twelve months debarred him from getting any relief ;

(d) the Court had the power to set aside order in pending suits and decrees passed before the commencement of the Ordinance and not executed , in cases where the defence of the tenant was struck out , if the tenant deposited whatever amount is due on account of rent from him within the time fixed by the Court .

SEC. 1 ]

THE GAZETTE OF INDIA EXTRAORDINARY

3. The Legislature of West Bengal having had a session on the 29th November , 1967 , the Ordinance referred to in paragraph 1 was due to expire on the 9th January , 1968. The West Bengal Premises Tenancy ( Amendment ) Second Ordinance , 1968 ( West Bengal Ordinance No. II of 1968 ) was therefore promulgated by the Governor of West Bengal to continue with certain modifications the provisions of the Ordinance referred to in paragraph 1.

4. The proposed measure seeks to replace the West Bengal Pre- mises Tenancy ( Amendment ) Second Ordinance , 1968 ( West Bengal Ordinance No. II of 1968 ) .

5. As it is not practicable to refer the present legislation to the Consultative Committee of Parliament on West Bengal legislation , It has been decided , in view of the urgency of the matter , to enact the present legislation without such reference .

B. SIVARAMAN ,

Secy . to the Govt . of India, Ministry of Food , Agriculture , Community Development and

Co- operation .

PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1968