(1) This Actmay be called the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981.
(2) It extends to Calcutta as defined in clause (1 1 ) of section 5 of the Calcutta Municipal Act, 1951 and the municipality of Howrah.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
Short title, extent and commencement.
381 The Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981.
[West Ben. Act (Chapter 1.—Preliminary.—Sections 2-4.)
Declaration as to the policy of the State.
2. It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in clauses (b) and (c) of articles 39 of the Constitution of India.
Definitions. 3. In this Act, unless there is anything repugnant in the subject or context,— Act to override other laws.
(I) "Bharatia" means any person by whom, or on whose account, rent is payable for any structure or part. of a structure errected by a thika tenant in his holding;
(2) "Controller" means an officer or officers appointed under section 10;
(3) "holding" means a parcel or parcels of land occupied by any person as a thika tenant under one lease or one set of conditions where such tenant has been occupying the land from or before the commencement of this Act;
(4) "landlord" means any Corporation, institution or person, who, for the. time being, is entitled to receive or but for a special contract, would be entitled to receive, the rent of any land comprised in a thika tenancy and includes any corporation, institution or person having any superior interest in such thika tenancy;
(5) "notification" means a notification published in the Official Gazette;
(6) "prescribed" means prescribed by rules made under this Act;
(7) "pucca structure" means any structure constructed mainly of brick, stone or concrete or any combination of these materials, or any other material of a durable nature;
(8) "thika tenant" means any person who occupies, whether under a written lease or otherwise, land under another person, and is or but for a special contract would be liable to pay rent, at a monthly or at any other periodical rate, for thatland to that another person and has erected oracquired by purchase or gift any structure on such land for residential, manufacturing or business purpose. and includes the successors-in-interest of such person:
4. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith in any other law for the time being in force or in any custom, usage or agreement, or in any decree or order of a court, tribunal or other authority.
382 The Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981.
XXXVII of 1981.]
(Chapter IL—Acquisition of lands comprised in thika tenancies and other lands and the rights of landlords in such lands.—Sections 5, 6.)
CHAPTER II Acquisition of lands comprised in thika tenancies and other lands and the rights of landlords in such lands.
5. With effect from the date of commencement of this Act, lands comprised in thika tenancies and other lands held under any person in perpetuity or under_ registered lease for a period of not less than twelve years or held in monthly and periodical tenancies for being used or occupied as Khatals along with easements, customary rights, common facilities and such other things in such thika tenancies and Khatals attached to or used in connection with such thika tenancies, and Khatals and the right, title and interest of landlords in such lands shall vest in the State free from all incumbrances:
Provided that the easements, rights, common facilities or benefits enjoyed by a thika tenant or an occupier of any land under any person in perpetuity or any land under any person under registered lease for a period of not less than twelve years or a Khatal in khas lands of the landlords shall not be affected in any way by such vesting.
33 of 1976. 6. (1) Subject to the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 and the provisions of the Act, every thika tenant and any tenant, in respect of other lands which vest under section 5, occupying any land under a land-lord on the date of commencement of this Act, shall occupy such lands on such terms and conditions as may be prescribed, directly under the State as if the State had been the landlord in respect of that land.
Lands comprised in Ihika tenancies and other lands, etc.
and right.
title and interest of landlords in such lands to vest in the State.
Incidents of tenancies in respect of lands vested in the State.
West Ben.
Act XLIV of
1979.
(2) Subject to the provisiOns of section 26 of this Act, every Mike/ tenant and other tenants occupying land directly under the State under subsection (1) shall be liable to pay to the State an amount of revenue determined in accordance with the provisions of the West Bengal Land Holding Revenue Act, 1979 and for this purpose such tenant shall be deemed to be a raiyat under that Act:
Provided that the revenue payable by the tenant shall not be less than what he was paying to the landlord before the coming into force of this Act.
(3) The rights of a thika tenant and other tenants occupying lands directly under the State under sub-section ( I ) shall, subject to the provisions of this Act, be heritable and shall not be transferable. No such tenant shall, 383 The Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981.
Mika tenant not to let out land.
[West Ben. Act (Chapter 11.-Acquisition of lands comprised in thika tenancies and other lands and the rights of landlords in such lands.—Section 7.)
without obtaining prior approval in writing from such authority as may be prescribed and without submitting a comprehensive development plan or improvement scheme for the holding, constructpucca structure. Any such scheme shall provide for alternative accommodation for Bharatias in accordance with sub-section (2) of section 11:
Provided that a thika tenant or a tenant in respect of other lands which vest under section 5 may construct apucca structure for essential common facilities like common pathway, common bath, toilet, water supply, drainage, sewerage, lighting and similar other purposes.