Calcutta Thika Tenancy Stay Of Proceedings (Temporary Provisions) Act, 1969

No: 3 Dated: Mar, 25 1969

THE CALCUTTA THlKl TENANCY STAY OF PROCEEDINGS (TEMPORARY PROVISIONS) ACT, 1969

West Bengal Act III of 1969

    An Act to provide for the temporary stay of proceedings for ejectment of thika tenants.

    WHEREAs it is expedient, pending the enactment of further legislation, to provide for further temporary stay of proceedings for ejectment of thika tenants;

    It is hereby enacted in the Twentieth Year of the Republic of India, by the Legislature of West Bengal, as follows :-

1. Short title, extent, cornrnencement and duration:- (1) This Act may be called the Calcutta Thika Tenancy Stay of Proceedings (Temporary Provisions) Act, 1969.

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

(3) It shall come into force on the 26th day of March, 1969 and shall remain in force up to and inclusive of the 25th day of March, 1970.

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

3. Stay of proceedings for ejectment of 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 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, shall be stayed for the period during which this Act continues in force.

4. Saving of limitation:- In computing the period of limitation prescribed by an,y 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 the 'Calcutta Thika Tenancy Stay of Proceedings (Temporary Provisions) Act, 1968 remained in force and the period during which this Act continues in force shall both be excluded.