West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001

No: 32 Dated: Nov, 22 2002

THE WEST BENGAL THIKA TENANCY (ACQUISITION AND REGULATION) ACT, 2001

West Bengal Act XXXII of 2001

    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. Short title, extent and commencement:- (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: 

    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. 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 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;

(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;

 (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 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 subsection (2) of section 6 of this Act irrespective of the status, he may have enjoyed earlier.

3. Act to override other laws:- 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.