President's Act No. 2 of 1968 THE CALCUTTA 7111KA TENANCY (AMENDMENT) ACT, 1968 [26th March, 1968.] Enacted by the An Act further President in the-Nineteenth Year of the Republic. of India.. to amend the Calcutta Thika Tenancy Act,
1949. 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 follows:-
1. This Act may be called the Calcutta Thika Tenancy (Amendment) Act, 1968.
2. In sub-section (2) of section 1 of the Calcutta Thika Tenancy Act, 1949 (hereinafter referred to as the principal Act), the 'following words and figures shall be, and shall be deemed. always to have been, omitted, namely:— "such suburbs of Calcutta as may have been or may hereafter be notified under section 1 of the Calcutta Suburban Police Act, 1866 and are not included within Calcutta as so defined and also".
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.
4. The provisions of this Act shall apply to all suits, ',ppeals and other proceedings (including proceedings in execution) pending at the commencement of the Calcutta Than Tenancy (Amendment) Ordinance, 1967. , 6 of 1968. West Bengal Act II of
1949. Bengal Act II of
1966. Wes Bengal Orclinam.e I (A
1907. 81 ort title. Amendment of section 1. Act to override other laws, etc. Act to apply to certain suits, .4 appeals, etc. 2 The Calcutta Thi:ca Tenancy (Amendment) Act, 19158. [President's Act
5. Anything done or any, action taken contrary to the provisions of clause (b) of sub-section (1) of section 6 of the West Bengal Estates Acquisition Act, 1953 in respect of any land situated w ithin such suburbs of Calcutta to which the provisions of the principal Act had, before the commencement of the Calcutta Thika Tenancy (Amendment) Ordinance, 1907, extended, shall be deemed to have been as validly done or taken as if the principal Act had not extended to the said suburbs of Calcutta when such thing was .done or such action was taken. West Bengal' Act I of
1954. West liengal Ordinance IX of
1967. ftepe.i[ 6. (1) The Calcutta 7'hika . Tenancy (Amendment). West fr. and Second Ordinance, 1968 is hereby repealed. saving. Bengal J _ Ordinance
(2) Notwithstanding such repeal, anything done or any VI of 1968. action taken (including any order made, proceeding coinmenced.. 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 he deemed to have been validly done, taken, made, commenced or incurred, as the case may be, under the principal 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 proceeding was commenced or such obl'igation or liability wan incurred. The Calcutta Thika Tenancy (Amendment) Act, 1968. 3 2 of 1968.; 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 prepared showing the thika tenants there as tenants holding directly under the State.
2. The retrospective introduction of the Explanation to 4t' clause (b) of sub-section (1) of section 6 of the West Bengal :4; 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 buildings 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 Mika tenants faced ejectment for not paying rent to the intermediaries although they--had paid the rent to the State Government
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 Ilia the Calcutta Thika Tenancy ket, 1949 (West Bengal Act TI 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 eNpire on the 9th January, 1968. in order to continue the pro\ isions of the Ordinance, the Governor of West Bengal promulgated the Calcutta Thika Tenancy (Amendment) Second Ordinance, 1968 (West Bengal Ordinance VI of 19G8).
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. WBGP-68/9-264A-4M Page 1 Page 2 Page 3