The Calcutta Thika Tenancy Stay Of Proceedings ( Temporary Provisions ) Act, 1978

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XXV of 1978 
THE CALCUTTA THIKA TENANCY STAY OF 
PROCEEDINGS (TEMPORARY PROVISIONS) ACT, 1978. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta 
Gazette, Extraordinary, of the 19th July, 1978.] 
[19th July, 1978.] 
An Act to provide for the temporary stay of proceedings for 
ejectment of thika tenants and Bharatias. 
WHEREAS it is expedient, pending the enactment of further 
legislation, to provide for the temporary stay of proceedings for 
ejectment of thika tenants and Bharatias holding under thika tenants; 
West Ben. Act 
11 of 1949. 
It is hereby enacted in the Twenty-ninth 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 Stay 
of Proceedings (Temporary Provisions) Act, 1978. 
(2) It extends to the areas to which the Calcutta Thika Tenancy Act, 1949 extends. 
(3) It shall come into force at once and shall continue in 
force for a period of one year from the date of its commencement. 
2. In this Act, the expressions "thika tenant" and "Bharatia" 
have the meanings respectively assigned to them in the Calcutta 
Thika Tenancy Act, 1949. 
3. Notwithstanding anything contained in the Calcutta Thi ka 
Tenancy Act, 1949, or in any other law for the time being in 
force,— 
(a) all applications for ejectment of thika tenants, 
(b) all appeals from orders made on such applications, and 
Short title, 
extent, 
commencement 
and duration. 
Definition. 
Stay of 
proceedings for 
ejectment of 
Mika tenants. 
119 
The Calcutta Thika Tenancy Stay of Proceedings (Temporary 
Provisions) Act, 1978. 	
[West Ben. Act XXV of 1978.] 
(Sections 4,5.) 
Stay of suits 
and proceed-
ings against 
Bharatias. 
Saving of 
limitation. 
(c) all proceedings in execution of orders for ejectment of 
thika tenants, 
under the provisions of the Calcutta Thika Tenancy Act, 1949, 
which are pending at the date of commencement of this Act or 
which may be made, preferred or commenced after such date but 
before the expiry of this Act, in respect of any land which is not a 
`vacant land' within the meaning of the Urban Land (Ceiling and 33 of 1976. 
Regulation) Act, 1976, shall be stayed for the period during which 
this Act continues in force. 
4. No thika tenant shall, while this Act continues in force, 
commence, or continue with, any suit, appeal or proceedings in 
execution of orders, for ejectment of any Bharatia and all pending 
suits, appeals or proceedings in execution of orders, for ejectment 
of a Bharatia shall remain stayed. 
5. In computing the period of limitation prescribed by any law 
for the time being in force for an application for the ejectment of 
a thika tenant or for such a suit against 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 thika tenant or a 
Bharatia, as the case may be, the period during which this Act 
continues in force shall be excluded. 
West Ben. Act. 
II of 1949. 
120 

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