Calcutta Thika Tenancy Act, 1949
No: 2 Dated: Feb, 28 1949
THE CALCUTTA TH1KA TENANCY ACT, 1949
West Bengal Act No. 2 of 1949
An Act to make better provision relating to the law of landlord and tenant in respect of thika tenancies in Calcutta.
Whereas it is expedient to make better provision relating to the law of landlord and tenant in respect of thika tenancies in Calcutta;
It is hereby enacted as follows :—
CHAPTER I
Preliminary
1. Short title, extent and commencement.—(1) This Act may be called the Calcutta thika Tenancy Act, 1949.
(2) ) It extends to Calcutta as defined in clause (11) of section 3 of the, Calcutta. Municipal Act, 1923 and such suburbs of Calcutta as may have been or may hereafter be notified under section 1 of the Calcutta Suburban Police Act, 1866 and are not included within Calcutta as so defined and also to .the municipality of Howrah.
(3) It shall come into force on the day on which the Calcutta thika Tenancy Ordinance, 1948 (West Bengal Ord. XI of 1948), ceases to operate.
2. 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 erected by a thika tenant in his holding;
(2) "Controller" means an officer appointed as such by the State Government for an area to which this Act extends and includes any officer appointed by the State Government to perform all or any of the duties imposed, or to exercise all or any of the powers conferred by this Act, on the Controller;
(3) "holding" means a parcel or parcels of land held by any person as a thika tenant under one lease or one set of conditions whether such tenant has held the land before or after the commencement of this Act;
(4) "prescribed" means prescribed by rules made under this Act;
(4a) "pucca structure" means any structure constructed mainly of brick, stone or concrete or any combination of these materials;
(5) "thika tenant" means any person who holds, 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 purchase or gift any structure on such land for a residential, manufacturing or business purpose and includes the successors in interest of such person, but does not include a person—
(a) who holds such land under that another person in perpetuity; or
(b) who holds such land under that another person under a registered lease, in which the duration of the lease is expressly stated to be for a period of not less than twelve years; or
(c) who holds such land under that another person and uses or occupies such land as a khattal
(6) all words and expressions used but not defined in this Act and used in the Transfer of Property Act, 1882, (IV of 1882) or the Bengal Tenancy Act, 1885 (VIII of 1885), have the same meanings as in those Acts.
CHAPTER II
Incidents of thika Tenancies
3. Grounds on which a thika tenant may be ejected.—(1) Not withstanding anything contained in any other law for the time being in force or in any contract, a thika tenant shall, subject to the other provisions of this Act, be liable to ejectment from his holding on one or more of the following grounds and not otherwise, namely :—
(i) on the ground that he has used the land comprised in his holding in a manner which renders it unfit for any of the purposes mentioned in clause (5) of section 2;
(ii) except during any period limited by a registered lease under which a thika tenant may hold the land comprised in the holding and subject to the provisions of sub-sections (2), (3) and (4), on the ground that the land is required by the landlord for his own occupation;
(iii) when he holds the land comprise:, in the holding under a registered lease for a purpose other than a residential purpose, on the ground that the term of the lease has expired.
(2) No landlord shall be deemed to require the land comprised in the thika tenant's holding for his own occupation if he has a house of his own in the city in which such land is situated and the accommodation available in such house is, in the opinion of the Controller, reasonably sufficient for him and his family.
(3) Where the landlord requires the land comprised in the thika tenant's holding for his own occupation and the Controller is of opinion that such requirement may be substantially satisfied be ejecting the thika tenant from a part only of his holding and allowing him to continue in occupation of the rest, then, if the thika tenant agrees to such occupation, the Controller shall make an order accordingly and fix the proportionate rent for the portion remaining in the occupation of the thika tenant.
(4) Where the thika tenant has erected or acquired a pucca structure for a residential purpose on the land comprised in his holding, no order for ejectment shall be made against him except in respect of such part, if any, of such land as does not appertain to the pucca structure.