LexThe Calcutta Thika Tenancy ( Acquisition And Regulation ) Act, 1981
West Bengal · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT OF WEST BENGAL
LEGISLATIVE DEPARTMENT
West Bengal Act XXXVII of 1981
THE CALCUTTA THIKA TENANCY (ACQUISITION
AND REGULATION) ACT, 1981.
[Passed by the West Bengal Legislature.]
[Assent of the President was first published in the Calcutta Gazette,
Extraordinary, of the 2nd November, 1981.]
[2nd November, 1981.]
An Act to provide for the acquisition of lands comprised in thika tenancies,
and other lands held underany person in perpetuity or under registered
lease for a period of not less than twelve years or held in monthly or
periodical tenancies for being used or occupied as Khatals, in Calcutta
and Howrah and the rights of landlords in such lands, for regulation
of the incidents of thika tenancies and of monthly and periodical
tenancies and relations between thika tenants and their Bharatias and
for planned development and distribution of such lands with a view to
subserving the common good.
WHEREAS it is expedient to provide for the acquisition of lands
comprised in thika tenancies, and other lands held under any person in
perpetuity or under registered lease for a period of not less than twelve
years or held in monthly or periodical tenancies for being used or occupied
as Khatals, in Calcutta and Howrah and the rights of landlords in such
lands, for regulation of the incidents of thika tenancies, and of monthly or
periodical tenancies and-relations between thika tenants and theirBharatias
and for planned development and distribution of such lands with a view to
subserving the common good;
It is hereby enacted in the Thirty-second Year of the Republic of India.
by the Legislature of West Bengal, as follows:—
West Ben.
Act XXXII'
01'1951.
CHAPTER I
Preliminary
1. (1) This Actmay be called the Calcutta Thika Tenancy (Acquisition
and Regulation) Act, 1981.
(2) It extends to Calcutta as defined in clause (1 1 ) of section 5 of the
Calcutta Municipal Act, 1951 and the municipality of Howrah.
(3) It shall come into force on such date as the State Government may,
by notification, appoint.
Short title,
extent and
commence-
ment.
381
The Calcutta Thika Tenancy (Acquisition and Regulation)
Act, 1981.
[West Ben. Act
(Chapter 1.—Preliminary.—Sections 2-4.)
Declaration
as to the
policy of the
State.
2. It is hereby declared that this Act is for giving effect to the policy
of the State towards securing the principles specified in clauses (b) and (c)
of articles 39 of the Constitution of India.
Definitions. 3. In this Act, unless there is anything repugnant in the subject or
context,—
Act to
override
other laws.
(I) "Bharatia" means any person by whom, or on whose account,
rent is payable for any structure or part. of a structure errected
by a thika tenant in his holding;
(2) "Controller" means an officer or officers appointed under
section 10;
(3) "holding" means a parcel or parcels of land occupied by any
person as a thika tenant under one lease or one set of
conditions where such tenant has been occupying the land
from or before the commencement of this Act;
(4) "landlord" means any Corporation, 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 of any
land comprised in a thika tenancy and includes any corpora-
tion, institution or person having any superior interest in
such thika tenancy;
(5) "notification" means a notification published in the Official
Gazette;
(6) "prescribed" means prescribed by rules made under this Act;
(7) "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;
(8) "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 at any other periodical rate, for thatland to that
another person and has erected oracquired by purchase or gift
any structure on such land for residential, manufacturing or
business purpose . and includes the successors-in-interest of
such person:
4. 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.
382
The Calcutta Thika Tenancy (Acquisition and Regulation)
Act, 1981.
XXXVII of 1981.]
(Chapter IL—Acquisition of lands comprised in thika tenancies
and other lands and the rights of landlords in such
lands.—Sections 5, 6.)
CHAPTER II
Acquisition of lands comprised in thika tenancies and other
lands and the rights of landlords in such lands.
5. With effect from the date of commencement of this Act, lands
comprised in thika tenancies and other lands held under any person in
perpetuity or under_ registered lease for a period of not less than twelve
years or held in monthly and periodical tenancies for being used or
occupied as Khatals along with easements, customary rights, common
facilities and such other things in such thika tenancies and Khatals
attached to or used in connection with such thika tenancies, and Khatals
and the right, title and interest of landlords in such lands shall vest in the
State free from all incumbrances:
Provided that the easements, rights, common facilities or benefits
enjoyed by a thika tenant or an occupier of any land under any person in
perpetuity or any land under any person under registered lease for a period
of not less than twelve years or a Khatal in khas lands of the landlords shall
not be affected in any way by such vesting.
33 of 1976. 6. (1) Subject to the provisions of the Urban Land (Ceiling and
Regulation) Act, 1976 and the provisions of the Act, every thika tenant and
any tenant, in respect of other lands which vest under section 5, occupying
any land under a land-lord on the date of commencement of this Act, shall
occupy such land s 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.
Lands
comprised in
Ihika
tenancies
and other
lands, etc.
and right.
title and
interest of
landlords in
such lands to
vest in the
State.
Incidents of
tenancies in
respect of
lands vested
in the State.
West Ben.
Act XLIV of
1979.
(2) Subject to the provisiOns of section 26 of this Act, every Mike/
tenant and other tenants occupying land directly under the State under sub-
section (1) shall be liable to pay to the State an amount of revenue
determined in accordance with the provisions of the West Bengal Land
Holding Revenue Act, 1979 and for this purpose such tenant shall be
deemed to be a raiyat under that Act:
Provided that the revenue payable by the tenant shall not be less than
what he was paying to the landlord before the coming into force of this Act.
(3) The rights of a thika tenant and other tenants occupying lands
directly under the State under sub-section ( I ) shall, subject to the provisions
of this Act, be heritable and shall not be transferable. No such tenant shall,
383
The Calcutta Thika Tenancy (Acquisition and Regulation)
Act, 1981.
Mika tenant
not to let out
land.
[West Ben. Act
(Chapter 11.-Acquisition of lands comprised in thika tenancies
and other lands and the rights of landlords in such
lands.—Section 7.)
without obtaining prior approval in writing from such authority as may be
prescribed and without submitting a comprehensive development plan or
improvement scheme for the holding, constructpucca structure. Any such
scheme shall provide for alternative accommodation for Bharatias in
accordance with sub-section (2) of section 11:
Provided that a thika tenant or a tenant in respect of other lands which
vest under section 5 may construct apucca structure for essential common
facilities like common pathway, common bath, toilet, water supply,
drainage, sewerage, lighting and similar other purposes.
7. (1) Any person occupying land directly under the State within the
meaning of sub-section (1) of section 6 shall not have any right, title or
interest in the land comprised in the holding and shall not let out the whole
or any part of the land for any period:
Provided that nothing in this sub-section shall prevent any such person
from letting out the whole or any part of the structure standing on the land
as long as his thika tenancy subsists.
(2) Any person occupying land directly under the State within the
meaning of sub-section (1) of section 6 shall not contravene any provision
of this Act. Any transaction, contract or agreement (oral or written) in
contravention of the provisions of this Act, shall be void and upon such
contravention the thika tenancy shall stand determined and the structure
standing thereon shall vest in the State free from all incumbrances from
such date as may be specified by the Controller in his order made on his
own motion or on an application:
Provided that no such order shall be made by the Controller, unless
upon hearing the parties affected he comes to a finding that any provision
of the Act has been violated.
(3) Whenever it appears to the State Government that the land
comprised in any thika tenancy is needed or is likely to be needed for any
public purpose, it may, after giving the thika tenant and the bharatias, if
any, an opportunity of being heard, resume the land comprised in such
thika tenancy with or without structures, if any, and take possession of the
land:
Provided that before taking possession of the land the thika tenants in
actual occupation of the structure or part thereof and bharatias shall be
provided with alternative accommodation in the neighbourhood of such
land as far as practicable.
Explanation.-For the purpose of this sub-section "public purpose"
shall include planned development of any area or holding and
implementation of any scheme for improvement thereof.
384
The Calcutta Thika Tenancy (Acquisition and Regulation)
Act, 1981.
XXXVII of 1981.]
(Chapter IL—Acquisition of lands comprised in thika tenancies
and other lands and the rights of landlords in such
lands.—Section 8.)
8. (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
compensa-
tion.
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 sub-
section (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.
11. (1) Notwithstanding anything contained in the West Bengal
Premises Tenancy Act, 1956, or in any other law for the time being in
force, a Bharatia under a thika tenant shall continue to be a monthly
tenant unless lawfully evicted and the tenancy of a Bharatia shall not
be extinguished because of subsequent non-existence of the structure or
building or part thereof, which the Bharatia previously occupied under
the thika tenant.
(2) If any building or structure is built or rebuilt on the same site
within the period of twelve years next after the date on which the old
building or structure ceased to exist, the Bharatia shall be put into
possession of the whole or a part of the new building or structure in .
proportion to the area held by him in the old building or structure and
on such terms and conditions in force immediately before the date of
cessation of the old building or structure.
(3) Any dispute in this regard shall be decided by the Controller on
an application made to him in the prescribed manner, after giving the
parties opportunity of being heard and the order pf the Controller shall
be executed in the manner prescribed.
West Ben.
Act II of
1949.
West Ben.
Act XII of
1956.
386
The Calcutta Thika Tenancy (Acquisition and Regulation)
Act, 1981.
XXXVII of 1981.]
(Chapter 1V.—Miscellaneous and supplemental provisions.—
Sections 12, 13.)
CHAPTER IV
5 of 1908.
Miscellaneous and supplemental provisions.
12. The Controller and any person deciding any appeal from his
order.shall have all the powers of a civil court, while trying a suit under
the Code of Civil Procedure, 1908, in respect of the following matters,
namely:—
(a) summoning and enforcing the attendance of any person and
examining him on oath as a witness,
(b) requiring the discovery and production of any document or
record,
(c) receiving evidence on affidavits,
(d) requisitioning any public record or copy thereof from any
court or office,
(e) issuing commission for the examination of witnesses or
documents,
(f) enforcing or executing orders (including an order for
restoration of possession) as if such orders were decrees of
a civil court,
(g) remanding any case or proceedings to the officer from
whose order the appeal is preferred.
Powers of
Controller.
13. (1) Any person aggrieved by an order of the Controller may, Appeal.
within thirty days from the date of the order, prefer an appeal in
writing—
(a) in respect of any holding within the jurisdiction of the Court
of Small Causes of Calcutta, to the Chief Judge of the Court
of Small Causes of Calcutta; and
(b) in respect of any holding elsewhere, to the District Judge
within whose jurisdiction the holding is situate.
(2) The Chief Judge of the Court of Small Causes of Calcutta or the
District Judge, as the case may be, before whom an appeal is preferred
under sub-section (1) may either himself hear any such appeal or transfer
such appeal to a Judge, Court of Small Causes of Calcutta or to an
Additional District Judge, as the case may be, and the Judge to whom
such appeal is so transferred shall hear and dispose of such appeal.
(3) The Chief Judge of the Court of Small Causes of Calcutta or the
District Judge, as the case may be, either on his own motion or on the
387
The Calcutta Thika Tenancy (Acquisition and Regulation)
Act, 1981.
[West Ben. Act
Recision by
State
Government.
Power of
District
.itidee and
Chief Judge.
Court of
Small Causes
of Calcutta to
withdraw and
transfer any
proceedings.
(Chapter 1V.—Miscellaneous and supplemental provisions.—
Sections 14, 15.)
application of any party may withdraw any appeal pending before any
Judge to his own file for hearing and disposal or transfer it to any other
Judge of the Court of Small Causes of Calcutta or any Additional District
Judge, as the case may be, for hearing and disposal.
(4) Subject to such rules as may be made under this Act, any final
order passed by any court under sub-section (2) or sub-section (3), may
in the manner prescribed be reviewed by the court which passed the order
on the discovery of any new and important matter or evidence or on
account of some mistake or error apparent on the face of the record or
for any other sufficient cause of like nature:
Provided that before making any order under this sub-section the
person likely to be adversely affected by such order shall be given
reasonable opportunity of being heard.
(5) An order passed by the Controller against which no appeal has
been preferred, may also be reviewed by him in the manner prescribed
on the ground of discovery of new matter or evidence or on the ground
of error apparent on the face of the record after giving the person an
opportunity of being heard.
(6) Subject to the provisions of this Act, any decision of the Appellate
Authority and, in cases where no appeal has been preferred, the decision
of the Controller shall be final and may be executed by the Controller
in the manner provided in the Code of Civil Procedure, 1908, for the
execution .of decrees.
14. The State Government may, on its own motion, call for and
examine the records of any order passed or proceedings taken by the
Controller under the provisions of this Act and against which no appeal
has been preferred for the purpose of satisfying itself as to the legality
or propriety of such order or as to the regularity of the procedure and
pass such order with respect thereto as it may think fit:
Provided that no such order shall be made except after giving the
person affected reasonable opportunity of being heard in the matter.
15. ( I) On the application of any of the parties and after notice to
the parties and after hearing such of them as desire to be heard, or on
his own motion without such notice, the District Judge in the case of
a proceeding pending before a Controller appointed for any area within
the district, or the Chief Judge of the Court of Small Causes 'of Calcutta.
in the case of a proceeding' pending before a Controller appointed for
any area within the jurisdiction of the Court of Small Causes of Calcutta,
388
The Calcutta Thika Tenancy (Acquisition and Regulation)
Act, 1981.
XXXVII of 1981.]
(Chapter 1V. —Miscellaneous and supplemental provisions.—
Sections 16-18.)
Ben. Act V
of 1911.
may,. at any stage, withdraw such proceeding and transfer it for hearing
or disposal to a Controller appointed for any other area within the district
or within the jurisdiction of the Court of Small Causes of Calcutta, as
the case may be, or retransfer it for hearing or disposal to the Controller
from whom it was withdrawn.
(2) The Controller to whom any proceeding has been transferred
under sub-section (1) shall have the same power to hear or dispose of
it as the Controller from whom it was withdrawn and may, subject to
any special directions in the order of transfer, either rehear it or proceed
from the stage at which it was withdrawn and transferred.
' Explanation.—In this section "proceeding" includes any proceeding
arising out of an application made to the Controller under the provisions
of this Act.
16. Nothing in this Act shall apply to— •
(a) Government lands,
(b) any land vested in or in the possession of—
(i) the State Government,
(ii) a port authority of a major port, or
(iii) a railway administration, or
(iv) a local authority, or
(c) any land which is required for carrying out any of the
provisions of the Calcutta Improvement Act, 1911.
17. Nothing in any contract between a thika tenant and a Bharatia
made after the commencement of the Act shall take away or limit the
rights of such tenant or Bharatia as provided for by this Act, and any
contract which is made in contravention of, or which is inconsistent with
any of the provisions of this Act shall be void and without effect to the
extent of such contravention or inconsistency.
18. For the purpose of any inquiry under this Act, the Controller and
any person deciding an appeal under section 13, may,—
(a) enter and inspect any premises at any time between sunrise
and sunset;
(b) authorise any person subordinate to him to enter and inspect
any premises between sunrise and sunset; or
Bar to
application
of Act to
certain
lands.
Restriction
or exclusion
of Act by
agreement.
Power to
enter and
inspect
premises, to
require
information
and to
summon
witnesses.
389
The Calcutta Thika Tenancy (Acquisition and Regulation)
Act, 1981.
[West Ben. Act
Proceedings
including
appeals and
proceedings
in execution
of orders.
etc.. to
abate.
Power to
make rules.
(Chapter 1V Miscellaneous and supplemental provisions.—
Sections 19-23.)
(c) by written order, require any person to produce for his
inspection such accounts, rent receipts, books or other
documents at such time and at such place as may be specified
in the order:
Provided that no premises shall be entered under clause (a) or clause
(b) without the consent of the occupier, unless at least twenty-four
hours' previous notice in writing has been given.
19. All proceedings including appeals and all proceedings in execution
of orders passed in proceedings including appeals under the Calcutta
Thika Tenancy Act, 1949, pending on the 19th day of July, 1978, for
the ejectment of thika tenants and Bharatias shall stand abated with
effect from the 19th day of July, 1978, as if such proceedings, appeals
or execution proceedings has never been made.
20. (1) The State Government may, subject to the condition of
previous publication, make rules for carrying out the purposes of this
Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the matters
that may be or are required to be prescribed or made by Pules.
West Ben .
Act 11 of
1949.
Repeal. 21. The Calcutta Thika Tenancy Act, 1949 is hereby repealed.
saving of 22. In computing the period of limitation prescribed by any-law for
limitation_ the time being in force for an application for ejectment of a Bharatia
or for an appeal from an order or decree made on such application or
suit or for the execution of an order or decree for ejectment of a Bharatia,
the period from the 19th day of July, 1978 to the date of coming into
force of this Act shall be excluded.
Bar to
tuff sdiction.
23. No civil court shall have jurisdiction to decide or deal with
any question or to determine any matter which is by or under this
Act required to be or has been decided or dealt with or to be determined
or has been determined by the Controller or the appellate or other
authority specified in the provisions of this Act and no order or
judgment passed or proceedings including' executiOn proceedings
commenced under the provisions of this Act shall be called in question
in any civil court.
390
The Calcutta Thika Tenancy (Acquisition and Regulation)
Act, 1981.
XXXVII of 1981.]
(Chapter !V.—Miscellaneous and supplemental provisions.—
Sections 24-27.)
24. No suit, prosecution or other legal proceedings whatsoever shall Imdemnity.
lie against any person for anything in good faith done or intended to be
done under this Act.
25. The State Government shall cause a survey to be made in the Survey.
areas of Calcutta as described in sub-section (2) of section 1 of the
Calcutta Thika Tenancy Act, 1949 in accordance with the provisions of
the Calcutta Survey Act 1887, in order to record the names of thika
tenants and of Bharatias.
26. (t) The provisions of the West Bengal Land Holding Revenue The
Act, 1979 shall, mutatis mutcmdis, apply to a thika tenant as if the said
Act extends to the area described in Schedule Ito the Calcutta Municipal
provisions of
West Bengal
Act XLIV of
1979 to be Act, 1951 and as if the said area is a region within the meaning of the applicable to
West Bengal Land Holding Revenue Act, 1979. thika
tenants.
(2) The Schedule to the West Bengal Land Holding Revenue Act,
1979, shall not apply to a thika tenant. The following shall be deemed
to be the Schedule to the said Act being applicable to a thika tenant:—
In the case of any holding of a thika tenant the rate of revenue on
land holding:—
(a) on the first rupees 10,000 of the total rateable value
— 5 paise in the rupee,
(b) on the next rupees 10,000 of the total rateable value
— 8 paise in the rupee,
(c) on the balance of the rateable value-10 paise in the rupee.
\Vest Ben.
Act 11 of.
1040.
Ben. Act I of
1887.
West Ben.
Act XXXII]
of 1951.
27. Notwithstanding anything contained elsewhere in this Act or in
any other law for the time being in force and subject to the provisions
31 or 1976.
of the Urban Land (Ceiling and Regulation) Act, 1976, it shall be
competent for the State Government to make use of, or settle with any
person or authority, any land or structure vested in or resumed by the
State under this Act to subserve the common good on such terms and
conditions and in such manner as may be prescribed.
Disposal of
land or
structures
vested in or
resumed by
the State.
391