No: 3 Dated: Mar, 20 1968

THE CALCUTTA THIKA TENANCY STAY OF PROCEEDINGS (TEMPORARY PROVISIONS) ACT, 1968

Act No. 3 of 1968

    An Act to provide.far the temporary stay of proceedings far webnent of thika tenants.

    In exercise of the powers conferred by section 3 of the. West Bengal, State Legislature (Delegation of Powers) Act, 1968, the President is pleased to enact as follows:—

1. Short title,extent, commencement and duration:- (1) This Act may be called the Calcutta Thika Tenancy Stay of Proceedings (Temporary Provisions) Act, 1968.

(2) It extends to the areas to which the Calcutta Thika Tenancy Act, 1949 extends.

(3) It shall be deemed to have come into force on the 26th day of August, 1967 and shall remain in force up to and inclusive of the 25th day of September, 1968.

2. Definition:- In this Act, the expression "thika tenant" has the, same meaning as in the Calcutta Thtka Tenancy Act, 1949.

3. Stay of proceedings for ejectment if Thika tenants:- Notwithstanding anything contained in the Calcutta Thika 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

(c) all proceedings in execution of orders for ejectment of thika tenants,

    under the provisions of the said Calcutta Thika Tenancy Act 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, shall be stayed for the period during which this Act continues in force.

4. Limitation:- 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 an appeal from an order made on such application or for the execution of an order for ejectment of a thika tenant, the period during which this Act continues in force shall be excluded

5. Repeal and Savings:- (1) The Calcutta Thika Tenancy Stay of Proceedings (Temporary Provisions) Second Ordinance, 1968 is hereby repealed.

(2) Notwithstanding such repeal, any order made or deemed to have been made, thing done or deemed to have been done or action taken or deemed to have been taken under the said Ordinance shall continue to be in force and shall be deemed to have been made, done or taken, as the case may be, under this Act.