(1) This Act may be called the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001.
(2) It extends to Kolkata as defined in clause (9) of section 2 of the Kolkata Municipal Corporation Act, 1980, and to Howrah as defined in clause (15) of section 2 of the Howrah Municipal Corporation Act, 1980 and such other areas as the State Government may notify from time to time:
'For proceedings of the West Bengal Legislative Assembly, see the proceedings of the meeting of that Assembly held on the 19th February, 2001.
Short title, extent and commencement.
289 The West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001.
[West Ben. Act Definitions.
(Chapter 1.—Preliminary.—Section 2.)
Provided that the provisions of this Act shall not extend to the whole of, or to any area included within the limits of, Howrah, which, immediately before the 10th day of January, 1983, being the date of coming into force of the Howrah Municipal Corporation Act, 1980, was not comprised in the municipality of Howrah:
Provided further that the provisions of this Act shall not extend to the whole of, or to any area included within the limits of, Kolkata, which, immediately before the 4th day of January, 1984, being the date of coming into force of the Kolkata Municipal Corporation Act, 1980, was comprised in any municipality.
(3) It shall come into 'force on such date as the State Government may, by notification, appoint.
2. In this Act, unless there is anything repugnant in the subject or context,—
(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, but excludes any person paying rent to a Bharatia and any resident of a structure forfeited by the State Government under sub-section (2) of section 6, irrespective of the status, the said person may have enjoyed earlier;
(2) "Controller" means an officer appointed under section 10 and includes and Additional Controller and a Deputy Controller;
(3) "holding" means a parcel or parcels of land occupied by a thika tenant under one set of conditions along with any tank included in such land;
(4) "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;
(5) "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;
(6) "land appurtenant" includes any easement, right, or any common benefits or facilities, or access, passage, drains, tanks and pools which were owned by the landlord and were enjoyed by the thika tenant and the Bharatia, if any, before the date of vesting;
'This Act came into force w.e.f. 1.3.2003 vide the Land & Land Reforms Department notification No. 515-L Ref/125-36/95, dt. 24.2.03, published in the Kolkata Gazette, Extraordinaty, Part I, dt. 25.2.03.
West Ben.
Act LVIII of
1980.
West Ben.
Act LIX of
1980.
290 The West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001.
:XXII of 2001.]
(Chapter 1—Preliminary.—Section 2.)
(7) "landlord" means any corporation, charitable or religious 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 for any land comprised in the tenancy of a thika tenant or in a khatal, tank or hut owned by him, and includes any corporation, institution or person having superior interest in such thika tenancy;
(8) "lease" means a lease of immovable property by which a transfer of a right to enjoy such property made for a certain time expressed or implied, or in perpetuity in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee who accepts the transfer on such terms.
The transferor is called the lessor, the transferee is called the lessee, the price is called the premium, and the money, share, service or other thing to be so rendered is called the rent;
✓est Ben.
,ct XLI of
973.
✓est Ben.
,ct XXII of 993,
(9) "local authority" includes a Panchayat as defined in clause (15b) of section 2 of the West Bengal Panchayat Act, 1973, or a municipality constituted under the West Bengal Municipal Act, 1993;
(10) "notification" means a notification published in the Official Gazette;
(11) "prescribed" means prescribed by rules made under this Act;
(12) "public purpose" includes a planned development of any holding or area, or the continuation of a scheme or a project which ensures the general welfare of the public;
(13) "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;
(14) "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 any other periodical rate for that land to that another person, and has erected or acquired by 291 The West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001.
[West Ben. Ac (Chapter 1—Preliminary.—Section 3.—Chapter 11.—Acquisition of lands comprised in thika tenancies and the rights of landlords in such lands.—Section 4.)
purchase or gift any structure on such land for residential, manufacturing or business purpose, and includes the successors-in-interst of such persons but excludes any resident of a structure forfeited to the State under subsection (2) of section 6 of this Act irrespective of the status, he may have enjoyed earlier.
Act to override other laws.
3. 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.
CHAPTER II Acquisition of lands comprised in thika tenancies and the rights of landlords in such lands.
Lands comprised in thika tenancies and other lands, etc. to vest in the State.
4. With effect from the 18th day of January, 1982, the following lands along with the interest of landlords therein shall be deemed to have vested in the State, free from all encumbrances:—
(a) lands comprised in, and appurtenant to, tenancies of thika tenants including open areas, roads; and
(b) lands held in monthly or other periodical tenancies, whether under a written lease or otherwise, for being used or occupied as khatal:
Provided that any land comprised in, and appurtenant to, tenancies of Mika tenants created after the 18th day of January, 1982, shall also be deemed to be vested in the State, free from all encumbrances with effect from the date of creation of tenancies of thika tenants:
Provided further that such vesting shall not be deemed to have affected in any way the easements, customary rights or other facilities enjoyed by thika tenants, Bharatias or occupiers of land coming within the purview of this section:
Provided also that nothing contained in this section shall prevent the State Government or the local authority from taking up any development work on the land appurtenant to tenancies of thika tenants for public purpose.
292 The West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001.
XXII of 2001.]
(Chapter 1L—Acquisition of lands comprised in thika tenancies and the rights of landlords in such lands.—Section 5.)
3 of 1976. 5. (1) Subject to the provisions of the. Urban Land (Ceiling and Regulation) Act, 1976, and the provisions of this Act, every thika tenant, occupying any land under a landlord on the date of commencement of this Act, shall occupy such land, 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.
IncidentS of tenancies in respect of lands vested in the State.
est Ben.
LIX of
80.
est Ben.
LVIII of
80.
(2) Every thika tenant holding directly under the State under sub-section (1) shall be liable to pay to the State Government in the prescribed manner such revenue as may be determined.
(3) If any question arises as to whether a person is a thika tenant or not, the matter shall be decided by the Controller.
(4) The interests of the thika tenants holding directly under the State under sub-section (1) shall be heritable and shall not be transferable except inter se amongst the heirs and existing co-shares-interest and spouses or to the prospective heirs, with a prior permission of the Controller, subject to the provisions of sub-section (1) of section 6.
(5) The thika tenants holding directly under the State under subsection (1) shall be entitled to construct pucca structures in accordance with the building plans sanctioned under the Kolkata 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 Kolkata as defined in clause (9) of section 2 of the Kolkata 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, sewerage, lighting and similar other purposes:
Provided that the thika tenants holding directly under the State under sub-section (1), shall obtain a no objection certificate from the Controller before making any pucca construction or changing the nature, character and dimension of an existing structure on the land, irrespective of the area of the land.
-- (6) The thika tenant holding directly under the State under subsection (1), shall be liable to pay rent to the State Government at such rate and in such manner as may be prescribed.
293 The West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001.
Thika tenant not to let out vacant land.
[West Ben. Act (Chapter IL—Acquisition of lands comprised in thika tenancies and the rights of landlords in such lands.—Section 6.)