GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative West Bengal Act XXI of 1993 THE CALCUTTA THIKA TENANCY (ACQUISITION AND REGULATION) (AMENDMENT) ACT, 1993. [Passed by the West Bengal Legislature.] [Assent of the President of India was first published in the Calcutta Gazette, Extraordinary, of the 15th March, 1994.] [15th March, 1994.] West Ben. Act XXXVII of 1981. An Act to amend the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981. WHEREAS it is expedient to amend the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981, for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Forty-fourth Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. (1) This Act may be called the Calcutta Thika Tenancy (Acquisition and Regulation) (Amendment) Act, 1993.
(2) Sections 13 and 14 shall come into force at once; and the remaining provisions of this Act shall be deemed to have come into force on the 18th day of January, 1982.
2. In the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981 (hereinafter referred to as the principal Act), for the long title, the following long title shall be substituted:— "An Act to provide for the acquisition of interests of landlords in respect of lands comprised in thika tenancies and certain other tenancies and other lands in Calcutta and Howrah for development and equitable utilization of such lands."
3. In the principal Act, for the preamble, the following preamble shall be substituted:— "WHEREAS it is expedient to provide for the acquisition of interests of landlords in respect of lands comprised in thika tenancies and certain other tenancies and other lands in Calcutta and Howrah for development and equitable utilization of such lands with a view to subserving the common good;" Short title and commencement. Substitution of long title. Substitution of preamble. 201 The Calcutta Thika Tenancy (Acquisition and Regulation) (Amendment) Act, 1993. [West Ben. Act (Sections 4, 5.) Amendment of section 1. Amendment of section 3.
4. In sub-section (1) of section 1 of the principal Act, for the words "the Calcutta Thika Tenancy", the words "the Calcutta Thika and other Tenancies and Lands" shall be substituted.
5. In section 3 of the principal Act,—
(1) for clause (1), the following clause shall be substituted:— `(1) "Bharatia" means any person by whom, or on whose account, rent is payable for any structure or part thereof, owned by a thika tenant or tenant of other lands in his holding or by a landlord in a bustee on his khas land;';
(2) after clause (1), the following clause shall be inserted:— G(1A) "bustee" means an area containing land with a collection of huts used or intended to be used for human habitation or for any business purpose, and includes any tank in or appurtenant to and in common use of the occupiers of such bustee, whether or not the same person is the owner or the landlord in respect of such tank;';
(3) for clause (3), the following clause shall be substituted:— '(3) "holding" means a parcel or parcel of land occupied by a thika tenant or tenant of other lands under one set of conditions, and includes a bustee owned by a landlord on his khas land along with any tank included in such busteer ;
(4) after clause (3), the following,clauses shall be inserted:— '(3A) "hut" means any building or structure, the roof or the floor of which, excluding the floor at the plinth level, is not constructed of masonry or reinforced concrete; (3B) "khatal" means a place where cattle are kept or maintained for the purpose of trade or business including business in milk derived from such cattle;';
(5) for clause (4), the following clause shall be substituted:— '(4) "landlord" means any corporation, charitable or religious institution or person who, for the time or person who, for the time being, is entitled to receive or but for a special contract would be entitled to receive the rent for any land comprised in the tenancy of a thika tenant or tenant of other lands or in a khatal, tank or hut owned by him in a bustee on his khas land, and includes any corporation, institution or person having superior interest in such thika tenancy;'; 202 The Calcutta Thika Tenancy (Acquisition and Regulation) (Amendment) Act, 1993. XXI of 1993.] (Section 6.) West Ben. Act X of 1972. West Ben. Act XX of 1958.
(6) after clause (5), the following clause shall be inserted:— `(5A) "other lands" includes any vacant land or tank;';
(7) after clause (7), the following clauses shall be inserted:— '(7A) "slum area" means the area declared as such by the State Government under section 3 of the West Bengal Slum Areas (Improvement and Clearance) Act, 1972, or section 4 of the Calcutta Slum Clearance and Rehabilitation of Slum-dwellers Act, 1958; (7B) "tenant of other lands" means any person who occupies other lands under another person, whether under a written lease or otherwise, and is or but for a special contract would be liable to pay rent at a monthly or periodical rate for occupation of such other lands, and includes the successor-in-interest of such person;'.
6. For section 5 of the principal Act, the following section shall be substituted:— "Lands comprised 5. With effect from the date of in thika tenancies, khas lands and commencement of this Act, the following other lands, etc. to lands along with the interest of landlords vest in the State. therein shall vest in the State, free from all incumbrances, namely:—
(a) lands comprised in and appurtenant to tenancies of thika tenants including open areas, roads, passages, tanks, pools and drains;
(b) lands comprised in and appurtenant to bustees on khas lands of landlords and lands in slum areas including open areas, roads, passages, tanks, pools and drains;
(c) other lands not covered by clauses (a) and (b) held under a written lease or otherwise, including open areas, roads, passages, tanks, pools and drains;
(d) lands held in monthly or other periodical tenancies, whether under a written lease or otherwise, for being used or occupied as khatal:
Provided that such vesting shall not affect in any way the easements, customary rights or other facilities enjoyed by thika tenants, Bharatias and occupiers of land coming within the purview of clauses (c) and (d)." Substitution of new section for section 5. 203 The Calcutta Thika Tenancy (Acquisition and Regulation) &Amendment) Act, 1993. [West Ben. Act (Section 7.) Amendment of section 6.
7. In section 6 of the principal Act,—
(1) for sub-section (2), the following sub-section shall be substituted:— "(2) Every thika tenant and every tenant of other lands holding directly under the State under subsection (1) shall be liable to pay to the State Government in the prescribed manner such revenue as may be determined.";
(2) for sub-section (3), the following sub-section shall be substituted: "(3) The interests of thika tenants and tenants of other lands holding directly under the State under subsection (1) shall be heritable and shall ..ot be transferable except inter se amongst the heirs and existing co-shares interest or to the prospective heirs, subject to the provisions of sub-sect:on (1) of section 7.";
(3) after sub-section (3), the following sub-section shall be inserted:— "(4) The thika tenants and tenants of other lands holding directly under the State under sub-section (1) shall be entitled to constructpucca structures in accordance with the building plans sanctioned under the Calcutta Municipal Corporation Act, 1980, and the rules made thereunder, or the Howrah Municipal Corporation Act, 1980, and the rules made thereunder, according as the land may be situated within Calcutta as defined in clause (9) of section 2 of the Calcutta Municipal Corporation Act, 1980, or Howrah as defined in clause (15) of section 2 of the Howrah Municipal Corporation Act, 1980, for—
(a) residential and business purposes for themselves and the Bharatias under them; and
(b) essential common facilities like common pathway, common bath, toilet, water supply, drainage, swerage, lighting and similar other purposes.". West Ben. Act LIX of
1980. West Ben. Act LVIII of 1980. 204 The Calcutta Thika Tenancy (Acquisition and Regulation) (Amendment) Act, 1993. XXI of 1993.] West Ben Act XII o
1956. (Sections 8-12.)
8. In section 7 of the principal Act,—
(1) for sub-section (1), the following sub-section shall be substituted:— "(1) The thika tenants and tenants of other lands holding directly under the State shall be entitled to let out in whole or in part structures existing on, or constructed after, the date of commencement of this Act on such lands but not any vacant land or any part thereof. ";
(2) for sub-section (2), the following sub-section shall be substituted:— "(2) Any transfer or agreement for transfer, whether oral or in writing, in contravention of the provisions of sub-section (3) of section 6 or sub-section (1) of this section shall be void and be.of no effect whatsoever and the land and structure shall stand vested in the State in accordance with the prescribed procedure.".
9. In sub-section (2) of section 8 of the principal Act, for the words "an annuity for such number of years", the words "a perpetual annuity or, where the interest of the landlord is terminable or is liable to be exhausted, as annuity for such number of years" shall be substituted.
10. In Chapter III of the principal Act, for the existing heading, the following heading shall be substituted:— "Incidents of tenancies of Bharatias in structures".
11. For sub-section (1) of section 9 of the principal Act, the following sub-section shall be substituted:— "(1) The monthly and other periodical tenancies of Bharatias in respect of structures occupied by them on payment of rents to thika tenants shall, with effect from the date of coming into force of this Act, be governed by the provisions of the West Bengal Premises Tenancy Act, 1956, in all matters ' coming within the purview of the said Act and, for the said purpose, the owners of the structures shall be deemed to be landlords and the Bharatias shall be deemed to be tenants under the said Act.".
12. For section 11 of the principal Act, the following section shall be substituted:— "Tenancy of Bharatia 11. (1) Notwithstanding anything to to continue. the contrary contained in any other law for the time being in force, the tenancy of a Bharatia as a tenant under a thika tenant shall not be extinguished because of subsequent non-existence of the structure or a part thereof which the Bharatia previously occupied under the thika tenant. Amendment of section 7. Amendment of section 8. Substitution of new heading for existing heading of Chapter III. Amendment of section 9. Substitution of new section for section 11. 205 The Calcutta Thika Tenancy (Acquisition and Regulation) (Amendment) Act, 1993. [West Ben. Act Insertion of new section 18A. (Section 13.)
(2) If any structure or part thereof which was in the occupation of a Bharatia as a tenant under a thika tenant ceases to exist except under an order of a court under section 18A of the West Bengal Premises Tenancy Act, 1956, the thika tenant shall reconstruct similar accommodation and restore possession to the Bharatia and put theBharatia in possession of such accommodation within one month of such structure ceasing to exist, failing which the Bharatia may make an application to the Controller in the prescribed manner.
(3) On an application made by the Bharatia under subsection (2), the Controller shall, after giving the thika tenant and the Bharatia an opportunity of being heard, direct the thika tenant to reconstruct similar accommodation and restore possession to the Bharatia within such time as the Controller may decide.
(4) If the thika tenant fails to comply with the orders of the Controller under sub-section (3), the Bharatia shall be entitled to reconstruct the structure and, for that purpose, may make an application to the Controller who shall, after giving the Bharatia and the thika tenant an opportunity of being heard, approve such cost of reconstruction as may appear to him to be fair and reasonable and, after such reconstruction, allow adjustment of the cost of such, reconstruction from the rent payable by the Bharatia in such monthly instalments as the Controller may think fit.
(5) If there is any unlawful resistance by or on behalf of the thika tenant to the reconstruction by the Bharatia under sub-section (4), the Officer-in-charge of the local police station shall, on receipt of any requisition of the Controller in writing in this behalf, render all necessary and lawful assistance to the Bharatia."
13. After section 18 of the principal Act, the following section shall be inserted: — "Penalty. 18A. (1) Any contravention by any person occupying land directly under the State, being the landlord within the meaning of sub-section (1) of section 6, of any provision of this Act shall be an offence punishable with imprisonment for a term which may extend to five years and also with fine which may extend to ten thousand rupees.
(2) No court shall take cognizance of any offence punishable under sub-section (1) except on a complaint made in writing by the Controller or by an officer authorised by him in this behalf." West Ben. Act XII of
1956. 206 The Calcutta Thika Tenancy (Acquisition and Regulation) (Amendment) Act, 1993. XXI of 1993.] West Ben. Act X of
1956. (Sections 14, 15.)
14. For section 25 of the principal Act, the following section shall be substituted:— 'Maintenance, 25. (1) Except as hereinafter provided, preparation and Chapter VII and Chapter VIIA of the West revision of record of rights. Bengal Land Reforms Act, 1955, and the rules made thereunder shall apply mutatis mutandis to the maintenance, preparation and revision of record-of-rights for the purposes of this Act.
(2) Without prejudice to the generality of the provisions of Chapter VII and Chapter VITA of the West Bengal Land Reforms Act, 1955, the names of Bharatias and thika tenants, duration and incident of tenancies, rent payable by each thika tenant and each Bharatia and area occupied by each Bharatia shall be incorporated in such record-of-rights.
(3) The State Government may, if it thinks fit, direct that such record-of-rights shall be revised or prepared only in respect of lands to which section 5 of this Act applies.
(4) Notwithstanding anything contained in sub-section (5) of section 51 of the West Bengal Land Reforms Act, 1955, there shall be a separate khatian for each thika tenant or tenant of other lands holding directly under the State, but the lands owned by such thika tenant or tenant of other lands as a raiyat shall not be incorporated in such khatian.".
15. For section 26 of the principal Act, the following section shall be substituted:— 'Payment of 26. (1) In respect of any holding, a thika monthly revenue. tenant or tenant of other lands holding directly under the State shall pay monthly revenue to the State Government at the rate of five rupees per 0.00674 hectare or at the rate at which he paid to his landlord immediately before vesting under this Act, whichever is higher.
(2) The monthly revenue shall be enhanced at the rate of ten per centum on the expiry of every five years.". Substitution of new section for section 25. Substitution of new section for section 26. 207 Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7