(1) The State shall for the vesting of any land under section 5, pay to the landlord or landlords having any right in such land an amount as may 33 of 1976.
be determined in accordance with the provisions of the Urban Land .(Ceiling and Regulation) Act, 1976.
(2) Where the landlord is a corporation or an institution established exclusively for a religious or a charitable purpose,of a public nature, or is a person holding under a public trust or an endowment or other legal obligation exclusively for a public purpose which is religious or charitable, the State shall, for vesting under section 5, pay to such landlord an annuity for such number of years as may be prescribed, having regard to the extent of the rights of the landlord. Such annuity shall not exceed the annual net income dirived from the holding as may be determined by the Controller in the prescribed manner. In determining net annual income the Controller shall deduct from the gross income apart from other sums as may be pFescribed, charges on account of management and collection at the rate of twenty per centum of the gross income.
(3) For the purpose of sub-section (2), the Controller, on his own motion or upon any information, may, after giving the person interested an opportunity of being heard, enquire and decide any question as to whether any trust, endowment, corporation or institution is for exclusively religious or charitable purpose or as to whether it is of public or private nature, and any question of title incidental thereto as may be necessary to determine such question, by examining the document, i f any, and by taking into account the following, among others:—
(i) actual user of income of the land,
(ii) mode of user,
(iii) share of income of the land appropriated or enjoyed, by or on behalf of such trust, endowment, corporation or institution.
(4) An appeal from any order passed by the Controller under this section shall lie under section 13.
(5) The State shall, for vesting under sub-section (2), or resumption under sub-section (3), of section 7 of any structure comprised in any tenancy, pay to the tenant having any right in such structure an amount calculated by the Controller in the prescribed manner. Such amount shall be calculated at a rate not exceeding ten times the annual rent paid by Bharatias to the tenant reduced by, apart from other sums as may be prescribed, rent, taxes and other charges on account of management and collection at a rate of twenty per centum of the gross annual rent. Where the structures are occupied by the tenant himself, fair rent 'determined by the Controller under this sub-section in the prescribed manner shall be deemed to be the annual rent paid by Bharatias.
Payment of compensation.
385 The Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981.
[West Ben. Act (Chapter 111.—Incidents of tenancies of Bharatias in premises on lands comprised in thika tenancies.—Sections 9-11.)
(6) Where there are more than one landlord in respect of a thika tenancy or other tenancy vested under section 5, the amount payable to them under sub-section (1) or the annuity payable to them under subsection (2) shall be apportioned among them in the prescribed manner.
Thika tenants and Marc/Mu to he governed by West Ben. Act XII of 1956.
Controller.
LThemitia to continue as monthly tenant.
CHAPTER III Incidents of tenancies of Bharatias in premises on lands comprised in thika tenancies.
9. ( I ) Thika tenants and Bharatias hitherto governed by the provisions of the Calcutta Thika Tenancy Act, 1949, shall with effect from the coming into force of this Act, be governed by the provisions of the West Bengal Premises Tenancy Act, 1956, in all matters regulated by the West Bengal Premises Tenancy Act, 1956, and for such purpose a "thika tenant" and a "Bharatia" shall be deemed to be a "landlord" and a "tenant" respectively within the meaning of that Act.
(2) Notwithstanding anything contained in this Act or in the West Bengal Premises Tenancy Act, 1956, a Bharatia under a thika tenant shall be entitled to take separate electrical connection from the electricity supplying agency or separate water supply connection from the appropriate agency for his own use.
10. The State Government may, by notification, appoint one or more officers as Controller to perform all the functions of a Controller under this Act in respect of any area or areas to be specified in the notification.