The West Bengal Thika Tenancy ( Acquisition And Regulation ) Act, 2001

GOVERNMENT OF WEST BENGAL 
West Ben. 
Act LIX of 
1980. 
West Ben. 
Act LVIII of 
1980. 
LAW DEPARTMENT 
Legislative 
West Bengal Act XXXII of 2001 1  
THE WEST BENGAL THIKA TENANCY 
(ACQUISITION AND REGULATION) 
ACT, 2001. 
[Passed by the West Bengal Legislature.] 
[Assent of the President of India was first published in the Kolkata 
Gazette, Extraordinary, of the 22nd November, 20021 
An Act to provide for the acquisition of interests of landlords in 
respect of lands comprised in thika tenancies in Kolkata, Howrah and 
Other Municipalities of West Bengal for development and equitable 
utilization of such lands. 
WHEREAS it is expedient to provide for the acquisition of interests 
of landlords in respect of lands comprised in thika tenancies in 
Kolkata, Howrah and Other Municipalities of West Bengal for 
development and equitable utilization of such lands with a view to 
subserving the common goods; 
It is hereby enacted in the Fifty-second Year of the Republic of India, 
by the Legislature of West Bengal, as follows:— 
CHAPTER I 
Preliminary 
1. (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 
commence-
ment. 
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 sub-
section (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 sub-
section (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 sub-
section (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.) 
6. (1) The thika tenants holding lands directly under the State shall 
be entitled to let out in whole or in part structures existing on, or 
constructed after, the date of commencement of this Act on such lands 
but not any vacant land or any part thereof. 
(2) Any transfer or agreement for transfer, whether oral or in writing, 
or any activity in contravention of the provisions of sub-section (4), or 
sub-section (5) of section 5 or proviso to sub-section (1) of this section, 
shall be declared invalid under an order of the Controller and the structure 
or part of sturcture, as the case may be, shall stand forfeited to the State 
in accordance with the procedure as may be prescribed. 
(3) Notwithstanding anything contained in this section, where a 
pucca structure has been constructed without no objection certificate as 
required by the proviso to sub-section (5) of section 5, the Controller 
may, subject to the provisions of any other law for the time being in 
force, after being satisfied that the forfeiture of such structure to the State 
under sub-section (2) will cause hardship to the thika tenant or the 
Bharatia, as the case may be, issue a provisional certificate for the 
purpose of obtaining construction plan sanctioned by the local authority: 
Provided that the Controller shall not issue final certificate unless 
the thika tenant has produced a construction plan of such structure 
sanctioned by the local authority to the Controller within such time and 
on payment of such fee, as may be prescribed: 
Provided further that if the thika tenant fails to produce such sanctioned 
plan within such prescribed time to the Controller, the Controller may 
invoke the procedure of forfeiture under sub-section (2). 
(4) 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 thel4nd comprised in such 
thika tenancy with or without structures, if any, and take possession of 
the land: 
Provided that immediately after such resumption, the State 
Government shall pay to the thika tenant or the Bharatia, if any, an 
amount not exceeding ten times of the compensation determined under 
sub-section (6) of section 7 of the Act in the compensation determined 
under sub-section (6) of section 7. 
(5) A Controller after satisfying himself that a Bharatia stays at the 
structure forfeited under sub-section (2) above may grant him licence 
as per terms as may be prescribed. 
294 
The West Bengal Thika Tenancy (Acquisition and Regulation) 
Act, 2001. 
XXXII of 2001.] 
(Chapter ILAcquisition of lands comprised in thika tenancies and 
the rights of landlords in such lands.—Section 7.) 
7. (1) The State shall, for the vesting of any land under section 4, 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 4, pay to such landlord a perpetual 
annuity or, where the interest of the landlord is terminable or is liable to 
be exhausted, 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 derived from the holding as may be 
determined by the Controller in the prescribed manner. In determining the 
net annual income the Controller shall deduct from the gross income, apart 
from other sums as may be prescribed, charges on account of management 
and collection at the rate of twenty per centum of the gross income. 
(3) For the purposes 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, if any, and by taking into 
account— 
(a) the actual user of income of the land, 
(b) the mode of user, and 
(c) the 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 12. 
(5) No compensation shall be paid to the thika tenant for forfeiture of 
a structure or a part of a structure under sub-section (2) of section 6. 
(6) The State shall, on resumption under sub-section (4) of section 6 
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 
Payment of 
compensa-
tion. 
295 
The West Bengal Thika Tenancy (Acquisition and Regulation) 
Act, 2001. 
[West Ben. Act 
(Chapter 111.—Incidents for tenancies of Bharatias 
in structures.—Section 8.) 
prescribed manner. Such amount shall be calculated at such rate as may 
be prescribed, apart from other sums as may be prescribed. 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 rent paid by the Bharatias. 
(7) Where there are more than one landlord in respect of a thika 
tenancy or other tenancy vested under section 4, 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. 
CHAPTER III 
Incidents for tenancies of Bharatias in structures 
Thika 	 8. (1) This monthly and other periodical tenancies of the Bharatias 
tenants and 	 in respect of the structures occupied by them on payment of rents to the Bharatias to 
be governed thika tenants shall, with effect from the date of coming into force of this 
by West 	 Act, be governed by the provisions of the West Bengal Premises Tenancy Ben. Act XII 
of 1956. 	 Act, 1956, in matters relating to the payment of rent by the Bharatias 
and their eviction by the thika tenants, the owners of the structures shall 
be deemed to be landlords and the Bharatias shall be deemed to be 
tenants under the said Act. 
(2) Any question as to whether a person is a Bharatia under a 
particular thika tenant, or where there is no thika tenant, in a particular 
thika land, shall be decided by the Controller. 
(3) Any dispute regarding payment of rent by the thika tenant to the 
State Government or by a Bharatia to a thika tenant, or any case of 
eviction of Bharatia, shall be disposed of by the Controller in such 
manner as may be prescribed. 
(4) A Thika tenant may, in default of payment of rent to the State 
Government, be evicted or otherwise penalised by the Controller -  in 
such manner as may be prescribed. 
(5) For the purpose of this section, the Controller shall exercise all 
such powers and perform such duties as are exercisable by a Rent 
Controller under the West Bengal Premises Tenancy Act, 1956. 
(6) 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 and separate water supply connection from the 
appropriate agency for his own use. 
296 
The West Bengal Thika Tenancy (Acquisition and Regulation) 
Act, 2001. 
XXXII of 2001.] 
(Chapter 111.—Incidents for tenancies of Bharatias 
in structures.—Sections 9, 10.) 
(7) A Bharatia shall be liable to pay rent to the thika tenant at such 
rate as may be prescribed. 
(8) Where there is no thika tenant, a Bharatia shall be liable to deposit 
rent with the Controller of the area at such rate as may be prescribed. 
9. (1) The State Government may, by notification, appoint one or Controller. 
more officers as Controller or Controllers and Additional Controllers and 
Deputy Controllers to perform all the functions of a Controller under this 
Act in respect of any area or areas to be specified in the notification. 
(2) A Controller may be an officer belonging to the Indian 
Administrative Service, West Bengal Civil Service (Executive) or West 
Bengal Higher Judicial Service. 
(3) An Additional Controller and Deputy Controller may be an 
officer belonging to the Indian Administrative Service, West Bengal 
Civil Service (Executive), West Bengal Higher Judicial Service or West 
Bengal Subordinate Land Revenue Service, Grade-I. 
10. (1) Notwithstanding anything to the contrary contained in any 
other law for the time being in force, the tenancy of a Bharatia as a tenant 
under a thika tenant shall not be extinguished because of subsequent non-
existence of the structure or a part thereof which the Bharatia previously 
occupied under the thika tenant. 
(2) If any structure or part thereof which was in the occupation of a 
Bharatia as a tenant under a thika tenant ceases to exist except under any 
order of a court, the thika tenant shall reconstruct similar accommodation 
and restore possession to the Bharatia and put the Bharatia in possession 
of such accommodation within one month of such structure ceasing to 
exist, failing which the Bharatia may make an application to the 
Controller concerned in the prescribed manner. 
(3) On an application made by a Bharatia under sub-section (2), the 
Controller having jurisdiction in the area shall, after giving the thika tenant 
and the Bharatia an opportunity of being heard, direct the thika tenant by 
an order in writing to reconstruct an accommodation in such manner as 
may be prescribed and restore possession to the Bharatia within such time 
as the Controller may specify in the order. 
Tenancy of 
Bharatia to 
continue. 
297 
The West Bengal Thika Tenancy (Acquisition and Regulation) 
Act, 2001. 
[West Ben. Act 
(Chapter !V. Miscellaneous and supplemental 
provisions.—Sections 11, 12.) 
(4) If the thika tenant fails to comply with the order of the Controller 
under sub-section (3), the Bharatia shall be entitled to reconstruct the 
structure and, for that purpose, may make an application to the Controller 
who shall, after giving the Bharatia and the thika tenant an opportunity 
of being heard, approve such cost of reconstruction as may appear to him 
to be fair and reasonable and, after such reconstruction, allow adjustment 
of the cost of such reconstruction from the rent payable by the Bharatia 
in such monthly instalments as the Controller may think fit. 
(5) If there is any unlawful resistance by or on behalf of the thika 
tenant to the reconstruction by the Bharatia under sub-section (4), the 
Officer-in-charge of the local police station shall, on receipt of any 
requisition of the Controller in writing in this behalf, render all necessary 
and lawful assistance to the Bharatia. 
CHAPTER IV 
Powers of 
Controller. 
Appeal. 
Miscellaneous and supplemental provisions 
11. 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:— 
(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 evil court, 
(g) remanding any case or proceedings to the officer from 
whose order the appeal is preferred. 
12. (1) Any person aggrieved by an order of a Controller may, within 
30 days from the date of the order, prefer an appeal in writing before the 
Land Reforms and Tenancy Tribunal established under the West Bengal 
Land Reforms and Tenancy Tribunal Act, 1997. 
5 of 1908. 
West Ben. 
Act XXV of 
1997. 
298 
The West Bengal Thika Tenancy (Acquisition and Regulation) 
Act, 2001. 
XXXII of 2001.1 
(Chapter 1V.—Miscellaneous and supplemental 
provisions.—Sections 13-15.) 
(2) Subject to provisions of this Act and rules made thereunder, any 
order passed by the Land Reforms and Tenancy Tribunal may, in the 
manner prescribed, be reviewed by the said Tribunal on account of some 
mistake or error apparent on the face of the record or for any other 
sufficient cause of like nature. 
13. (1) The State Government may, on its own motion, call for and 
examine the records or 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 a reasonable opportunity of being heard in the matter. 
(2) The State Government shall empower, from time to time, one or 
more officers to act on behalf of the State Government and to exercise all 
powers conferred on the State Government in this section. 
14. (1) 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 of its own 
motion without such notice, the Land Reforms and Tenancy Tribunal may, 
at any stage, withdraw such proceeding from one Controller and transfer 
it for hearing of disposal to a Controller appointed for any other area, 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' means any proceeding 
drawn by a Controller under the provisions of this Act. 
Revision by 
State 
Government. 
Power of 
District 
Judge and 
Chief Judge, 
Court of 
Small Causes 
of Kolkata 
to withdraw 
and transfer 
any 
proceedings. 
15. Nothing in this Act shall apply to — 	 Bar to 
application 
(a) lands belonging to the Central and the State Government; 	 of the Act to 
certain (b) any land, vested under any other law in or in the possession lands. 
of,— 
(i) the Central Government, or 
(ii) the State Government, or 
299 
The West Bengal Thika Tenancy (Acquisition and Regulation) 
Act, 2001. 
[West Ben. Act 
Restriction 
or exclusion 
of the Act by 
agreement. 
Power to 
enter and 
inspect 
premises to 
require 
information 
and to 
summon 
witnesses. 
Penalty. 
(Chapter 1V.—Miscellaneous and supplemental 
provisions.—Sections 16-18.) 
(iii) a port authority of a major port, or 
(iv) a railway administration, or 
(v) a statutory body meant for the development of area 
like Kolkata Metropolitan Development Authority, 
Kolkata Municipal Corporation, Howrah Municipal 
Corporation, Kolkata Improvement Trust, and the 
Howrah Improvement Trust; 
(c) any land which is required for carrying out any of the 
provisions of the Kolkata Improvement Act, 1911: 
Provided that nothing contained in this section shall 
apply to any land under the control or possession of bank. 
Explanation.—For the purposes of this section, a bank is one as 
defined in section 2(e) of the Reserve Bank of India Act, 1934. 
16. Nothing in any contract between a thika tenant and a Bharatia 
made after the commencement of this Act shall take away, or limit, the 
rights of such tenant or Bharatia as provided for in 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, as the case may be. 
17. 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; or 
(b) authorise any person subordinate to him to enter and inspect 
any premises between sunrise and sunset; or 
(c) require, by written order, 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. 
18. (1) Whoever contravenes any provision of this Act which may 
facilitate the commission of an offence, shall be punishable with 
imprisonment for a term which may extend to five years and also with fine 
which may extend to ten thousand rupees. 
Ben. Act V 
of 1911.  
2 of 1934. 
300 
The West Bengal Thika Tenancy (Acquisition and Regulation) 
Act, 2001. 
XXXII of 2001.] 
(Chapter IV.—Miscellaneous and supplemental 
provisions.—Sections 19-22.) 
West Ben. 
Act XXXVII 
of 1981. 
(2) Whoever voluntarily causes any resistance or obstruction to the 
lawful discharge of duties of the Controller or his representative, shall 
be punished with imprisonment for a term which may extend to one year 
and also fine which may extend to five thousand rupees. 
(3) Offences under this section shall be bailable and cognizable. 
(4) No court shall take cognizance of any offence punishable under 
this section except on a complaint made in writing by a Controller or 
by an officer authorised by him in this behalf. 
(5) An offence under this section shall be triable by a Judicial 
Magistrate of first class having jurisdiction over the places of occurrence 
of such offence. 
19. (1) The State Government may make rules for carrying out the 
purposes of this Act. The rules framed under the Calcutta Thika and other 
Tenancies and Land (Acquisition and Regulation) Act, 1981 may continue 
as rules under this Act to the extent they are not repugnant to and transgressive 
of the provisions 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 which may 
be, or is required to be, prescribed or made by rules. 
Power to 
make rules. 
20. In computing the period of limitation prescribed by any law for Saving of 
the time being in force for an application for ejectment of a Bharatia or limitation. 
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. 
21. No civil court shall have jurisdiction to decide, or to deal with, 
any question, or to determine any matter, which, by or under this Act, 
is required to be, of has been decided or dealt with, or which is to be, 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. 
22. No suit, prosecution or other legal proceedings whatsoever shall 
lie against any person for anything in good faith done or intended to be 
done under this Act. 
Bar to 
jurisdiction. 
Indemnity. 
301 
The West Bengal Thika Tenancy (Acquisition and Regulation) 
Act, 2001. 
[West Ben: Act 
Mainte-
nance, 
preparation 
ancrrevision 
of record-of-
rights. 
Disposal of 
land or 
structures 
vested in, or 
resumed by, 
the State. 
(Chapter 1V.—Miscellaneous and supplemental 
provisions.—Sections 23-26.) 
23. (1) Except as hereinafter provided, Chapter VII and Chapter YEA 
of the West Bengal Land Reforms Act, 1955, and the rules made thereunder 
shall apply mutatis mutandis to the maintenance, preparation and revision 
of record-of-rights for the purposes of this Act. 
(2) Without prejudice to the generality of the provisions of Chapter VII 
and Chapter VITIA of the West Bengal Land Reforms Act, 1955, the names 
of Bharatias and thika tenants, the right of every Bharatia in respect of 
the concerned tenant, the duration and incident of tenancies with area 
involved in' each case, rent payable by each thika tenant and each Bharatia, 
and the area occupied by each Bharatia shall be incorporated in such 
record-of-rights. 
(3) The State Government may, if it thinks fit, direct that such record-
of-rights shall be revised or prepared only in respect of lands to which 
section 5 of this Act applies..  
(4) Notwithstanding anything contained in sub-section (5) of section 
51 of the West Bengal Land Reforms Act, 1955, there shall be a separate 
khatian for each thika tenant or tenant of other lands holding directly under 
the State, but the lands owned by such thika tenant or tenant of other lands 
as a raiyat shall not be incorporated in such khatian. 
26. Notwithstanding anything contained in this Act, the State 
Government shall not be deemed to be a landlord within the meaning of 
the term as in the West Bengal Premises Tenancy Act, 1956 but be a 
licensor and the Bharatia a licensee under the State where there is no 
thika tenant. 
Payment of 
monthly 
revenue. 
Disposal of 
land or 
structures 
vested in, or 
resumed by, 
the State. 
West Ben. 
Act X of 
1956. 
West Ben. 
Act XII of 
1956. 
24. (1) In respect of any holding, a thika tenant or tenant of other lands 
holding directly under the State, shall pay monthly revenue to the State 
Government at such rate as may be prescribed. 
(2) The said monthly revenue shall be enhanced at such rate as may 
be prescribed. 
25. Notwithstanding anything contained elsewhere in this Act or in any 
other law for the time being in force, and subject to-the provisions of the 
Urban Land (Ceiling and Regulation) Act, 1976, it shall be competent for 33 of 1976. 
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 
for public purpose on such terms and conditions, and in such manner, as 
may be prescribed. 
302 
The West Bengal Thika Tenancy (Acquisition and Regulation) 
Act, 2001. 
XXXII of 2001.1 
West Ben. 
Act XXXVII 
of 1981. 
(Chapter 1V. Miscellaneous and supplemental 
provisions.--Section 27.) 
27. (1) With effect from the date of commencement of this Act, the 
Kolkata Thika and other Tenancies and Lands (Acquisition and Regulation) 
Act, 1981, shall stand repealed. 
(2) Notwithstanding the repeal of the said Act, such repeal shall 
not— 
(a) affect the previous operation of the said Act or anything duly 
done or suffered thereunder; or 
(b) affect any right, privilege, obligation or liability acquired, 
accrued or incurred under the said Act; or 
(c) affect any penalty, forfeiture or punishment incurred in respect 
of any offence committed against the said Act; or 
(d) affect any investigation, legal proceeding or remedy, in respect 
of any such right, privilege, obligation, liability, penalty, 
forfeiture or punishment as aforesaid; 
and any such investigation, legal proceeding or remedy may be instituted, 
continued or enforced, and any such penalty, forfeiture or punishment may 
be imposed, as if this Act had not been passed. 
Repeal and 
savings. 
Statement of Objects and Reasons on the West Bengal 
Thika Tenancy (Acquisition and Regulation) Bill, 2000 
(Bill No. 18 of 2000). 
STATEMENT OF OBJECTS AND REASONS. 
The Calcutta Thika and other Tenancies and Lands (Acquisition and 
Regulation) Act, 1981 (West Ben. Act XXXVII of 1981) (hereinafter 
referred to as the said Act) was amended in 1993 to make up for certain 
deficiencies in the said Act. In course of administering the said Act, it 
has come to the notice of the State Government that certain provisions 
of the said Act are still defective, leaving scope for addition to existing 
litigations. It is, therefore, necessary to amend the said provisions. 
2. The Bill has been framed with the above object in view. 
KOLKATA, 	 SURYA KANTA MISHRA, 
The 28th June, 2000. 	 Member-in-charge. 
303 

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