Calcutta Thika Tenancy (Acquisition And Regulation) Act, 1981
No: 37 Dated: Nov, 02 1981
THE CALCUTTA THIKA TENANCY (ACQUISITION AND REGULATION) ACT, 1981
West Bengal Act XXXVII of 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:—
CHAPTER I
Preliminary
1. Short title, extent and commencement.:- (1) This Actmay be called the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981.
(2) It extends to Calcutta as defined in clause (11) 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.
2. Declaration as to the policy of the State:- 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 Article 39 of the Constitution of India.
3. Definitions:- 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. 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 corporation, 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. Act to override other laws:- he 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.