Under section 38(1) of the West Bengal Premises Tenancy Act, 1997, the The Rent Controller can
nt Controller can set aside an order passed in the absence of a party (ex
"Controller" is an officer appointed by the State Government to handle matters parte) if the affected party demonstrates that they were not properly served or were
related to landlords and tenants, including disputes and rent control, and the term prevented from appearing in court for a valid reason.
"Controller" also includes Additional Controllers and Deputy Controllers
5. Finality of Orders:
appointed by the State Government. Under section 38(2)
Orders made by the Rent Controller are generally final and cannot be challenged in
An Additional or Deputy Controller exercises the functions assigned to them by any original suit, application, or execution proceedings, except in the event of an
the Controller, having the same powers and duties as the Controller. appeal.
Who can be a Controller?
6. Transfer and Withdrawal of Cases:
The Controller must be a member of the Indian Administrative Service, the
Executive or Judicial Branch of the State Civil Service, the State Junior Civil The Controller can transfer any proceeding pending before them to an Additional
Service, or a Sub-Magistrate and Sub-Collector. Controller or Deputy Controller, or withdraw a proceeding from an Additional or
Deputy Controller and dispose of it them or transfer it to another Additional or
Under the West Bengal Premises Tenancy Act, 1997, the Rent Controller has
Deputy Controller.
broad powers including fixing fair rent, executing orders, and mediating disputes,
with orders being executable as a decree of a Civil Court.
7. Correction of Mistakes:
Here's a more detailed breakdown of the Rent Controller's powers: The Controller can correct clerical or arithmetical mistakes or errors arising from
1. Fixing Fair Rent: accidental omissions in any order passed by them.
The Controller is responsible for determining the fair rent of premises, upon 8. Recovery of Fines:
application from either the landlord or the tenant.
The Controller can exercise the powers of a Judicial Magistrate for the recovery of
This fair rent is determined based on the provisions of the Act. fines under the Code of Criminal Procedure, 1973.
2. Execution of Orders: 9. Rent Deposit and Withdrawal:
Orders made by the Rent Controller, including those in appeals, revisions, or The Controller can order the amount of rent deposited by a tenant to be paid to the
reviews, can be enforced as a decree of a Civil Court. landlord in the prescribed manner, if an application for withdrawal is made.
The Controller has the same powers as a civil court under the Code of Civil If a rent deposit is not withdrawn within the stipulated time, it can be credited to
Procedure, 1908, for summoning witnesses, enforcing attendance, requiring the government as a lapsed deposit.
document production, and issuing commissions.
10. Inspection: The Controller can enter and inspect premises, or authorize
3. Mediation and Conciliation: subordinates to do so, after giving 24 hours' notice.
The Rent Controller has the power to facilitate conciliation between landlords and
tenants in cases pending before them.
11. Document Production: The Controller can order the production of relevant
documents for inspection.
4. Setting Aside Ex Parte Orders: 12. Delivery of Possession:
The Controller can take necessary steps to ensure the delivery of possession of
premises to a landlord or tenant, including sending a requisition to the police.
