( 1 ) There shall be. for the purposes of this Acl, [he following cra~cssof classes of non-agricul~ural ienanls, namely:- nonagricul~ud
(a) ~cniln~s, and Iman&.
(b) under-tenants.
(2) "Tcnam" mcans a person who has acquircd '[a right lo hold nonagricultural land dircctly undcr Ihc S~atc] for any of ~ h c purposcs providcd in this Act, and includes also [he successors in inleresl of persons who have acquired such a right.
(3) "Under-tenant" means a person, who has acquired a righl lo hoId non-agriculrural land For any of the purposes provided in [his Acl either imrnediarcly or mcdialcly undcr a lenanl and includcs also lhc successors in inleresl of persons who have ncquired such a right.
4. A non-agricultural lenanl may hold non-agtjculrural land for- Purpnsmioi whichnon- (a) homcsrcad or rcsidcntial purposcs; agricul~unl
(b) manufacturing or busincss purposes; or lcnanlluay hold non-
(c) o k r purposes. agricuilural I.md.
'Thcse words and figurcs and rhc mxgind relerence wcrc subsli~u~cdror rhc words and figunrs " l l ~ c Bcngal Tcnancy ACI, 1885." and the marginal re~erencz "VIlI OF 1885." by s. 3(7) n r i k U'csl Bcngd Non-Agriculrud Tcnmcy (hrncndnlcn~) ACI, 1974 (Wcst I3cn. Acr Vlll of 1974).
Thc~vordswi~liin rhc squan: bnclicrs wtresubsri~u~cd Torrhc words "lrorn apropricroror !7 7 ~ n ~ ~ w . h n l d ~ ~ r ~ Gnhl r n h m l d n n m . q m ~ ~ ~ ~ l r ~ u m l lqnrl" ht* c 4 ;I , ; ,!
'Tcnqcits hcld'hy a nonagriculruml
1cn.mI.
Tile West Bengal N~I-Agricrrltural Te~~a~ ic j l Act, 1919.
[West Bcn. Act
5. A non-i~gricul~ural lcnanl shall be dzc~ned to hold any nonagricullural land-
(a) Tur homcs~cud or rcsidcniial purposes i f such ienanl is cnljllcd, undcr thc lcrrns af any agrccmcnt bclwccn hinisclf and the landlord. lo use or is actually using such lnnd lor homesread or residential purposes;
(b ) Tor manulacturing or business purposes I T such lcnant is enrjtled. under the terns of any apccmcnt bcrwccn himsell and he landlord, to use or is actually using such land for carrying on therein any commercial or indusuial cn~erprise or any trade or business; and
(c) for other purposcs i f such tenant is entitled, under the rernls of any agreement bctwccn himsclr and [he landlord, ro usc or i s actually using such land for any purpose not connecled with agiculturc or horliculture other lhan-
(i) [he purposes specified in clauscs (a) and (b), ( i i ) the exercise of any foresl-rights or rights ovcr fishcrics OF righls to minerals in such land.
Tenants.
hImncrof 6. (I) A tcnnnr holding non-agricultural land rnay use such land , in any manner which is not incansisenl with the purposcr OF (he tcnancy lands. and which does not materially impair h c vnluc or such land.
(2) A tenant holding non-agricullural land compriscd in any lcnancy ro which the provisions of seclion 7 or section 8 apply shall be cnlidcd-
(a) to crcct any slrucrure including any p~rcca structure;
(b) lo dig any lank; and
(c) to plant, enjoy the flowers, fruits and o h c r products of, and fell and u~ilze or dispose of he lirnbcr of, any ucc on such land:
Provided that he shall nal bc cntitlcd ro conven any such land inro a p l x c OF religious worship without [he previous conseni of [he landlord.
(3) A tenant holding non-agricullural land compriscd in any tcnancy ro which he provisions of section 9 apply shalI bc enlilled-
(a) to zrccr any strucrurc athcr than a prrcca structure;
(b) to plant, and enjoy the flowers, fruils and olhcr producls of, any trcc, and
(c) LO fell, and utilizc or dispose of the timber of, any tree planled by bim on such lnnd:
Provided [ha1 he shaIl not bc cnutIcd to convert any such land inlo a place of religious worship withou~ the previous consent of h e landlord.
TAe \Vest Berrgal Nan-Agricrrlfrrral Tenatrq Acr, 1939, (Chupter III.-Terrmr fs.-Seclio 7.)
7. Notwirhslanding anything contained in any othcr law Ibr thc lnciden~sof - limc bcing in forcc or in any contract- ccnain, rcnmciei.
( I ) if any non-agricultural land has bccn hcld wirh or without any l exc having been entered into by the landlord and thc rcnant from before the commcnccment of the Transfer of Propcrty Act, 1882, or if thc origin of any tcnancy is unknown, or
(2) i f [he non-agricultural land compriscd in any tenancy which has been or is created after lhc cornmencemcnt or the Transfer of property' Act, 1 882, has been held for a tcml of not lcss than twclvc years whithout any lease in writing, or
(3) i f any nun-agricul~ural land h x bccn held for a tcm of not lcss ~ h a n ~wclvc y c m undcr a lcasc in wriung bur no tcrm is specilicd in such lease, or
(4) i f any non-agricultunl Innd held under n lcasc in writing lor a period specified therein continues to he held with the cxprcss or implicd conscnr of [he landlord illier Ihc expinuon of ~ h c timc l i m i ~ c d by such lcnse and the total period for which such land is so hcld is less than ~welve years, or ( 5 ) i T the landlord has ollowcd prrccn struclurcs to bc crccled on any nun-agricul~unl land hcld undcr a Ic~sc in wriling lor n period spccificd rhcrein. wlierher such su-ucrures have bccn crcctcd,- [a) bclbrc h c expiration of the said period, or
(b) whcrc such non-agricultural land continues to be held with [he express or implied consent of rhc landlnrd d t c r the expiration of the said period, during Ihc pcriod such non-agricultural land so continues 10 be held,
(i) ihc tcnant holding thc non-agriculturaI land compriscd in such lcnancy shall not be cjected by his landlord from such land cxcepl on the ground that hc has used sue11 land in a manner which renders i t unfit fur use for thc purposes of [be ienancy,
(ii) lIle jnteres! of [he tenant in he non-agricultural land comprised in such tcnancy shall, i n the cnsc whcrc such unant dies inlcstate i n respec1 of such inleresl, be rransmitted by inheritance i n the same nianner as his other immovable nrclncrt v:
USER Callout Not Serious printing mistake.
They have missed the word not. It is actually 'not less than 12 years'.
I<cncwalsol ICXW or t cnmcics hcld for no1 lcss than t\iVcI\~c ycm and succession !on md tmsicrol, such ttnmcills, The \Vest Betrgnl NOII-Agric~rltrrr-{ii Te~rurlcy Act, 1949.
[Wcst Ben. Act
Provided [hat in any case in which undcr thc law or inheritance to which such tcnant is subjecl, his orhcr propeny goes to ~ h c '[Government], his inlercsl in such land shall be exlinguished, and
(iii) thc non-agricul~ural land comprised in such lenancy or a share or a por~ion lhereof logether with the interest of the renanl [herein shall, subjcct ro the provisions of this Act, hc capahlc of bcing transfcrrcd and bcqucathcd in ~ h c samc manncr, and 10 thc samc cxtcnt as his orhcr immovable properly.