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

Act 32 of 2001

Keyword(s):
Khatal, Land Appurtenant, Landlord, Lease, Pucca Structure, Thika Tenant

Amendment appended: 11 of 2019

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 GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative

West Bengal Act XXXII of 20011

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

[Passed by the West Bengal Legislature.]

[Assent of the President of India was first published in the Kolkata

Gazette, Extraordinary, of the 22nd November, 20021

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. (1) This Act may be called the West Bengal Thika Tenancy Short title,
extent and
(Acquisition and Regulation) Act, 2001. commence-
ment.
(2) It extends to Kolkata as defined in clause (9) of section 2 of the
West Ben. Kolkata Municipal Corporation Act, 1980, and to Howrah as defined in
Act LIX of
1980. clause (15) of section 2 of the Howrah Municipal Corporation Act, 1980
West Ben. and such other areas as the State Government may notify from time to
Act LVIII of
1980. time:

'For proceedings of the West Bengal Legislative Assembly, see the proceedings of the
meeting of that Assembly held on the 19th February, 2001.

289
 The West Bengal Thika Tenancy (Acquisition and Regulation)
Act, 2001.
[West Ben. Act
(Chapter 1.—Preliminary.—Section 2.)

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 West Ben.
Act LVIII of
not comprised in the municipality of Howrah: 1980.
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 West Ben.
Act LIX of
comprised in any municipality. 1980.
(3) It shall come into 'force on such date as the State Government
may, by notification, appoint.

Definitions. 2. 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;

'This Act came into force w.e.f. 1.3.2003 vide the Land & Land Reforms Department
notification No. 515-L Ref/125-36/95, dt. 24.2.03, published in the Kolkata Gazette,
Extraordinaty, Part I, dt. 25.2.03.

290
 The West Bengal Thika Tenancy (Acquisition and Regulation)
Act, 2001.
:XXII of 2001.]
(Chapter 1—Preliminary.—Section 2.)

(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
✓est Ben. (15b) of section 2 of the West Bengal Panchayat Act, 1973,
,ct XLI of
973. or a municipality constituted under the West Bengal
✓est Ben. Municipal Act, 1993;
,ct XXII of
993,
(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

291
 The West Bengal Thika Tenancy (Acquisition and Regulation)
Act, 2001.

[West Ben. Ac
(Chapter 1—Preliminary.—Section 3.—Chapter 11.—Acquisition
of lands comprised in thika tenancies and the rights
of landlords in such lands.—Section 4.)

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

Act to
override
3. The provisions of this Act shall have effect notwithstanding
other laws. 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.

CHAPTER II
Acquisition of lands comprised in thika tenancies and
the rights of landlords in such lands.

Lands 4. With effect from the 18th day of January, 1982, the following
comprised in
thika lands along with the interest of landlords therein shall be deemed to have
tenancies vested in the State, free from all encumbrances:—
and other
lands, etc. to
vest in the (a) lands comprised in, and appurtenant to, tenancies of thika
State. tenants including open areas, roads; and
(b) lands held in monthly or other periodical tenancies, whether
under a written lease or otherwise, for being used or occupied
as khatal:

Provided that any land comprised in, and appurtenant to, tenancies
of Mika tenants created after the 18th day of January, 1982, shall also
be deemed to be vested in the State, free from all encumbrances with
effect from the date of creation of tenancies of thika tenants:

Provided further that such vesting shall not be deemed to have

affected in any way the easements, customary rights or other facilities
enjoyed by thika tenants, Bharatias or occupiers of land coming within
the purview of this section:

Provided also that nothing contained in this section shall prevent the
State Government or the local authority from taking up any development
work on the land appurtenant to tenancies of thika tenants for public
purpose.

292
 The West Bengal Thika Tenancy (Acquisition and Regulation)
Act, 2001.
XXII of 2001.]
(Chapter 1L—Acquisition of lands comprised in thika tenancies and
the rights of landlords in such lands.—Section 5.)

3 of 1976. 5. (1) Subject to the provisions of the . Urban Land (Ceiling and IncidentS of
Regulation) Act, 1976, and the provisions of this Act, every thika tenant, tenancies in
respect of
occupying any land under a landlord on the date of commencement of lands vested
this Act, shall occupy such land, on such terms and conditions as may in the State.
be prescribed, directly under the State as if the State had been the
landlord in respect of that land.
(2) Every thika tenant holding directly under the State under
sub-section (1) shall be liable to pay to the State Government in the
prescribed manner such revenue as may be determined.
(3) If any question arises as to whether a person is a thika tenant
or not, the matter shall be decided by the Controller.
(4) The interests of the thika tenants holding directly under the State
under sub-section (1) shall be heritable and shall not be transferable
except inter se amongst the heirs and existing co-shares-interest and
spouses or to the prospective heirs, with a prior permission of the
Controller, subject to the provisions of sub-section (1) of section 6.
(5) The thika tenants holding directly under the State under sub-
section (1) shall be entitled to construct pucca structures in accordance
est Ben. with the building plans sanctioned under the Kolkata Municipal
LIX of
80. Corporation Act, 1980, and the rules made thereunder, or the Howrah
est Ben. Municipal Corporation Act, 1980, and the rules made thereunder,
LVIII of
80. according as the land may be situated within Kolkata as defined in
clause (9) of section 2 of the Kolkata Municipal Corporation Act, 1980,
or Howrah as defined in clause (15) of section 2 of the Howrah Municipal
Corporation Act, 1980, for—
(a) residential and business purposes for themselves and the
Bharatias under them; and
(b) essential common facilities like common pathway, common
bath, toilet, water supply, drainage, sewerage, lighting and
similar other purposes:
Provided that the thika tenants holding directly under
the State under sub-section (1), shall obtain a no objection
certificate from the Controller before making any pucca
construction or changing the nature, character and dimension
of an existing structure on the land, irrespective of the area
of the land.
-- (6) The thika tenant holding directly under the State under sub-
section (1), shall be liable to pay rent to the State Government at such
rate and in such manner as may be prescribed.

293
 The West Bengal Thika Tenancy (Acquisition and Regulation)
Act, 2001.
[West Ben. Act

(Chapter IL—Acquisition of lands comprised in thika tenancies and

the rights of landlords in such lands.—Section 6.)

Thika tenant 6. (1) The thika tenants holding lands directly under the State shall
not to let out be entitled to let out in whole or in part structures existing on, or
vacant land.
constructed after, the date of commencement of this Act on such lands
but not any vacant land or any part thereof.
(2) Any transfer or agreement for transfer, whether oral or in writing,
or any activity in contravention of the provisions of sub-section (4), or
sub-section (5) of section 5 or proviso to sub-section (1) of this section,
shall be declared invalid under an order of the Controller and the structure
or part of sturcture, as the case may be, shall stand forfeited to the State
in accordance with the procedure as may be prescribed.
(3) Notwithstanding anything contained in this section, where a
pucca structure has been constructed without no objection certificate as
required by the proviso to sub-section (5) of section 5, the Controller
may, subject to the provisions of any other law for the time being in
force, after being satisfied that the forfeiture of such structure to the State
under sub-section (2) will cause hardship to the thika tenant or the
Bharatia, as the case may be, issue a provisional certificate for the
purpose of obtaining construction plan sanctioned by the local authority:
Provided that the Controller shall not issue final certificate unless
the thika tenant has produced a construction plan of such structure
sanctioned by the local authority to the Controller within such time and
on payment of such fee, as may be prescribed:
Provided further that if the thika tenant fails to produce such sanctioned
plan within such prescribed time to the Controller, the Controller may
invoke the procedure of forfeiture under sub-section (2).
(4) Whenever it appears to the State Government that the land
comprised in any thika tenancy is needed, or is likely to be needed, for
any public purpose, it may, after giving the thika tenant and the Bharatias,
if any, an opportunity of being heard, resume thel4nd comprised in such
thika tenancy with or without structures, if any, and take possession of
the land:
Provided that immediately after such resumption, the State
Government shall pay to the thika tenant or the Bharatia, if any, an
amount not exceeding ten times of the compensation determined under
sub-section (6) of section 7 of the Act in the compensation determined
under sub-section (6) of section 7.
(5) A Controller after satisfying himself that a Bharatia stays at the
structure forfeited under sub-section (2) above may grant him licence
as per terms as may be prescribed.

294
 The West Bengal Thika Tenancy (Acquisition and Regulation)
Act, 2001.
XXXII of 2001.]
(Chapter ILAcquisition of lands comprised in thika tenancies and
the rights of landlords in such lands.—Section 7.)

7. (1) The State shall, for the vesting of any land under section 4, pay Payment of
compensa-
to the landlord or landlords having any right in such land an amount as may tion.
33 of 1976. be determined in accordance with the provisions of the Urban Land
(Ceiling and Regulation) Act, 1976.

(2) Where the landlord is a corporation or an institution established

exclusively for a religious or a charitable purpose of a public nature, or
is a person holding under a public trust or an endowment or other legal
obligation exclusively for a public purpose which is religious or charitable,
the State shall, for vesting under section 4, pay to such landlord a perpetual
annuity or, where the interest of the landlord is terminable or is liable to
be exhausted, an annuity for such number of years as may be prescribed,
having regard to the extent of the rights of the landlord. Such annuity shall
not exceed the annual net income derived from the holding as may be
determined by the Controller in the prescribed manner. In determining the
net annual income the Controller shall deduct from the gross income, apart
from other sums as may be prescribed, charges on account of management
and collection at the rate of twenty per centum of the gross income.

(3) For the purposes of sub-section (2), the Controller, on his own
motion or upon any information, may, after giving the person interested an
opportunity of being heard, enquire and decide any question as to whether
any trust, endowment, corporation or institution is for exclusively religious
or charitable purpose, or as to whether it is of public or private nature, and
any question of title incidental thereto as may be necessary to determine
such question, by examining the document, if any, and by taking into
account—
(a) the actual user of income of the land,
(b) the mode of user, and
(c) the share of income of the land appropriated, or enjoyed, by
or on behalf of such trust, endowment, corporation or
institution.
(4) An appeal from any order passed by the Controller under this
section shall lie under section 12.

(5) No compensation shall be paid to the thika tenant for forfeiture of

a structure or a part of a structure under sub-section (2) of section 6.
(6) The State shall, on resumption under sub-section (4) of section 6
of any structure comprised in any tenancy, pay to the tenant having any
right in such structure an amount calculated by the Controller in the

295
 The West Bengal Thika Tenancy (Acquisition and Regulation)
Act, 2001.
[West Ben. Act
(Chapter 111.—Incidents for tenancies of Bharatias
in structures.—Section 8.)

prescribed manner. Such amount shall be calculated at such rate as may

be prescribed, apart from other sums as may be prescribed. Where the
structures are occupied by the tenant himself, fair rent determined by
the Controller under this sub-section in the prescribed manner shall be
deemed to be the rent paid by the Bharatias.
(7) Where there are more than one landlord in respect of a thika
tenancy or other tenancy vested under section 4, the amount payable to
them under sub-section (1), or the annuity payable to them under sub-
section (2), shall be apportioned among them in the prescribed manner.

CHAPTER III
Incidents for tenancies of Bharatias in structures

Thika 8. (1) This monthly and other periodical tenancies of the Bharatias
tenants and in respect of the structures occupied by them on payment of rents to the
Bharatias to
be governed thika tenants shall, with effect from the date of coming into force of this
by West Act, be governed by the provisions of the West Bengal Premises Tenancy
Ben. Act XII
of 1956. Act, 1956, in matters relating to the payment of rent by the Bharatias
and their eviction by the thika tenants, the owners of the structures shall
be deemed to be landlords and the Bharatias shall be deemed to be
tenants under the said Act.
(2) Any question as to whether a person is a Bharatia under a
particular thika tenant, or where there is no thika tenant, in a particular
thika land, shall be decided by the Controller.
(3) Any dispute regarding payment of rent by the thika tenant to the
State Government or by a Bharatia to a thika tenant, or any case of
eviction of Bharatia, shall be disposed of by the Controller in such
manner as may be prescribed.
(4) A Thika tenant may, in default of payment of rent to the State
Government, be evicted or otherwise penalised by the Controller- in
such manner as may be prescribed.
(5) For the purpose of this section, the Controller shall exercise all
such powers and perform such duties as are exercisable by a Rent
Controller under the West Bengal Premises Tenancy Act, 1956.
(6) Notwithstanding anything contained in this Act or in the West
Bengal Premises Tenancy Act, 1956, a Bharatia under a thika tenant
shall be entitled to take separate electrical connection from the electricity
supplying agency and separate water supply connection from the
appropriate agency for his own use.

296
 The West Bengal Thika Tenancy (Acquisition and Regulation)
Act, 2001.
XXXII of 2001.]
(Chapter 111.—Incidents for tenancies of Bharatias
in structures.—Sections 9, 10.)

(7) A Bharatia shall be liable to pay rent to the thika tenant at such
rate as may be prescribed.

(8) Where there is no thika tenant, a Bharatia shall be liable to deposit

rent with the Controller of the area at such rate as may be prescribed.

9. (1) The State Government may, by notification, appoint one or Controller.

more officers as Controller or Controllers and Additional Controllers and
Deputy Controllers to perform all the functions of a Controller under this
Act in respect of any area or areas to be specified in the notification.

(2) A Controller may be an officer belonging to the Indian

Administrative Service, West Bengal Civil Service (Executive) or West
Bengal Higher Judicial Service.

(3) An Additional Controller and Deputy Controller may be an

officer belonging to the Indian Administrative Service, West Bengal
Civil Service (Executive), West Bengal Higher Judicial Service or West
Bengal Subordinate Land Revenue Service, Grade-I.

10. (1) Notwithstanding anything to the contrary contained in any Tenancy of

Bharatia to
other law for the time being in force, the tenancy of a Bharatia as a tenant continue.
under a thika tenant shall not be extinguished because of subsequent non-
existence of the structure or a part thereof which the Bharatia previously
occupied under the thika tenant.

(2) If any structure or part thereof which was in the occupation of a

Bharatia as a tenant under a thika tenant ceases to exist except under any
order of a court, the thika tenant shall reconstruct similar accommodation
and restore possession to the Bharatia and put the Bharatia in possession
of such accommodation within one month of such structure ceasing to
exist, failing which the Bharatia may make an application to the
Controller concerned in the prescribed manner.

(3) On an application made by a Bharatia under sub-section (2), the

Controller having jurisdiction in the area shall, after giving the thika tenant
and the Bharatia an opportunity of being heard, direct the thika tenant by
an order in writing to reconstruct an accommodation in such manner as
may be prescribed and restore possession to the Bharatia within such time
as the Controller may specify in the order.

297
 The West Bengal Thika Tenancy (Acquisition and Regulation)
Act, 2001.
[West Ben. Act
(Chapter !V. Miscellaneous and supplemental
provisions.—Sections 11, 12.)

(4) If the thika tenant fails to comply with the order of the Controller
under sub-section (3), the Bharatia shall be entitled to reconstruct the
structure and, for that purpose, may make an application to the Controller
who shall, after giving the Bharatia and the thika tenant an opportunity
of being heard, approve such cost of reconstruction as may appear to him
to be fair and reasonable and, after such reconstruction, allow adjustment
of the cost of such reconstruction from the rent payable by the Bharatia
in such monthly instalments as the Controller may think fit.
(5) If there is any unlawful resistance by or on behalf of the thika
tenant to the reconstruction by the Bharatia under sub-section (4), the
Officer-in-charge of the local police station shall, on receipt of any
requisition of the Controller in writing in this behalf, render all necessary
and lawful assistance to the Bharatia.

CHAPTER IV
Miscellaneous and supplemental provisions

Powers of 11. The Controller and any person deciding any appeal from his order
Controller.
shall have all the powers of a civil court, while trying a suit under the
Code of Civil Procedure, 1908, in respect of the following matters:— 5 of 1908.
(a) summoning and enforcing the attendance of any person and
examining him on oath as a witness,
(b) requiring the discovery and production of any document or
record,
(c) receiving evidence on affidavits,
(d) requisitioning any public record or copy thereof from any
court or office,
(e) issuing commission for the examination of witnesses or
documents,
(f) enforcing or executing orders (including an order for
restoration of possession) as if such orders were decrees of
a evil court,
(g) remanding any case or proceedings to the officer from
whose order the appeal is preferred.

Appeal. 12. (1) Any person aggrieved by an order of a Controller may, within
30 days from the date of the order, prefer an appeal in writing before the
Land Reforms and Tenancy Tribunal established under the West Bengal West Ben.
Act XXV of
Land Reforms and Tenancy Tribunal Act, 1997. 1997.

298
 The West Bengal Thika Tenancy (Acquisition and Regulation)
Act, 2001.
XXXII of 2001.1
(Chapter 1V.—Miscellaneous and supplemental
provisions.—Sections 13-15.)

(2) Subject to provisions of this Act and rules made thereunder, any
order passed by the Land Reforms and Tenancy Tribunal may, in the
manner prescribed, be reviewed by the said Tribunal on account of some
mistake or error apparent on the face of the record or for any other
sufficient cause of like nature.

13. (1) The State Government may, on its own motion, call for and Revision by
State
examine the records or any order passed or proceedings taken by the Government.
Controller under the provisions of this Act and against which no appeal
has been preferred for the purpose of satisfying itself as to the legality or
propriety of such order or as to the regularity of the procedure, and pass
such order with respect thereto as it may think fit:
Provided that no such order shall be made except after giving the person
affected a reasonable opportunity of being heard in the matter.
(2) The State Government shall empower, from time to time, one or
more officers to act on behalf of the State Government and to exercise all
powers conferred on the State Government in this section.

14. (1) On the application of any of the parties and after notice to the Power of
District
parties and after hearing such of them as desire to be heard, or of its own Judge and
motion without such notice, the Land Reforms and Tenancy Tribunal may, Chief Judge,
Court of
at any stage, withdraw such proceeding from one Controller and transfer Small Causes
it for hearing of disposal to a Controller appointed for any other area, or of Kolkata
to withdraw
retransfer it for hearing or disposal to the Controller from whom it was and transfer
withdrawn. any
proceedings.
(2) The Controller to whom any proceeding has been transferred under
sub-section (1), shall have the same power to hear or dispose of it as the
Controller from whom it was withdrawn and may, subject to any special
directions in the order of transfer, either rehear it or proceed from the stage
at which it was withdrawn and transferred.
Explanation.—In this section, 'proceeding' means any proceeding
drawn by a Controller under the provisions of this Act.

15. Nothing in this Act shall apply to— Bar to

application
(a) lands belonging to the Central and the State Government; of the Act to
certain
(b) any land, vested under any other law in or in the possession lands.
of,—
(i) the Central Government, or
(ii) the State Government, or

299
 The West Bengal Thika Tenancy (Acquisition and Regulation)
Act, 2001.
[West Ben. Act
(Chapter 1V.—Miscellaneous and supplemental
provisions.—Sections 16-18.)

(iii) a port authority of a major port, or

(iv) a railway administration, or
(v) a statutory body meant for the development of area
like Kolkata Metropolitan Development Authority,
Kolkata Municipal Corporation, Howrah Municipal
Corporation, Kolkata Improvement Trust, and the
Howrah Improvement Trust;
(c) any land which is required for carrying out any of the
provisions of the Kolkata Improvement Act, 1911: Ben. Act V
of 1911.
Provided that nothing contained in this section shall
apply to any land under the control or possession of bank.
Explanation.—For the purposes of this section, a bank is one as
2 of 1934.
defined in section 2(e) of the Reserve Bank of India Act, 1934.

Restriction 16. Nothing in any contract between a thika tenant and a Bharatia
or exclusion
of the Act by made after the commencement of this Act shall take away, or limit, the
agreement. rights of such tenant or Bharatia as provided for in this Act, and any
contract which is made in contravention of, or which is inconsistent with,
any of the provisions of this Act shall be void and without effect to the
extent of such contravention or inconsistency, as the case may be.

Power to 17. For the purpose of any inquiry under this Act, the Controller and
enter and
inspect any person deciding an appeal under section 13, may—
premises to
require (a) enter and inspect any premises at any time between sunrise
information and sunset; or
and to
summon (b) authorise any person subordinate to him to enter and inspect
witnesses. any premises between sunrise and sunset; or
(c) require, by written order, any person to produce for his
inspection such accounts, rent receipts, books or other
documents at such time, and at such place, as may be
specified in the order: •
Provided that no premises shall be entered under clause (a) or
clause (b) without the consent of the occupier, unless at least twenty-four
hours' previous notice in writing has been given.

Penalty. 18. (1) Whoever contravenes any provision of this Act which may
facilitate the commission of an offence, shall be punishable with
imprisonment for a term which may extend to five years and also with fine
which may extend to ten thousand rupees.

300
 The West Bengal Thika Tenancy (Acquisition and Regulation)
Act, 2001.
XXXII of 2001.]
(Chapter IV.—Miscellaneous and supplemental
provisions.—Sections 19-22.)

(2) Whoever voluntarily causes any resistance or obstruction to the

lawful discharge of duties of the Controller or his representative, shall
be punished with imprisonment for a term which may extend to one year
and also fine which may extend to five thousand rupees.
(3) Offences under this section shall be bailable and cognizable.
(4) No court shall take cognizance of any offence punishable under
this section except on a complaint made in writing by a Controller or
by an officer authorised by him in this behalf.
(5) An offence under this section shall be triable by a Judicial
Magistrate of first class having jurisdiction over the places of occurrence
of such offence.

19. (1) The State Government may make rules for carrying out the Power to
make rules.
West Ben. purposes of this Act. The rules framed under the Calcutta Thika and other
Act XXXVII Tenancies and Land (Acquisition and Regulation) Act, 1981 may continue
of 1981.
as rules under this Act to the extent they are not repugnant to and transgressive
of the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the matters which may
be, or is required to be, prescribed or made by rules.

20. In computing the period of limitation prescribed by any law for Saving of
limitation.
the time being in force for an application for ejectment of a Bharatia or
for an appeal from an order or decree made on such application or suit or
for the execution of an order or decree for ejectment of a Bharatia, the
period from the 19th day of July, 1978 to the date of coming into force
of this Act shall be excluded.

21. No civil court shall have jurisdiction to decide, or to deal with, Bar to
jurisdiction.
any question, or to determine any matter, which, by or under this Act,
is required to be, of has been decided or dealt with, or which is to be, or
has been determined, by the Controller or the appellate or other authority
specified in the provisions of this Act, and no order or judgment
passed, or proceedings including execution proceedings commenced,
under the provisions of this Act shall be called in question in any
civil court.

22. No suit, prosecution or other legal proceedings whatsoever shall Indemnity.

lie against any person for anything in good faith done or intended to be
done under this Act.

301
 The West Bengal Thika Tenancy (Acquisition and Regulation)
Act, 2001.
[West Ben: Act
(Chapter 1V.—Miscellaneous and supplemental
provisions.—Sections 23-26.)

Mainte- 23. (1) Except as hereinafter provided, Chapter VII and Chapter YEA
nance,
preparation of the West Bengal Land Reforms Act, 1955, and the rules made thereunder West Ben.
ancrrevision Act X of
shall apply mutatis mutandis to the maintenance, preparation and revision 1956.
of record-of-
rights. of record-of-rights for the purposes of this Act.
(2) Without prejudice to the generality of the provisions of Chapter VII
and Chapter VITIA of the West Bengal Land Reforms Act, 1955, the names
of Bharatias and thika tenants, the right of every Bharatia in respect of
the concerned tenant, the duration and incident of tenancies with area
involved in' each case, rent payable by each thika tenant and each Bharatia,
and the area occupied by each Bharatia shall be incorporated in such
record-of-rights.
(3) The State Government may, if it thinks fit, direct that such record-
of-rights shall be revised or prepared only in respect of lands to which
section 5 of this Act applies..
(4) Notwithstanding anything contained in sub-section (5) of section
51 of the West Bengal Land Reforms Act, 1955, there shall be a separate
khatian for each thika tenant or tenant of other lands holding directly under
the State, but the lands owned by such thika tenant or tenant of other lands
as a raiyat shall not be incorporated in such khatian.

Payment of 24. (1) In respect of any holding, a thika tenant or tenant of other lands
monthly
revenue. holding directly under the State, shall pay monthly revenue to the State
Government at such rate as may be prescribed.
(2) The said monthly revenue shall be enhanced at such rate as may
be prescribed.

Disposal of 25. Notwithstanding anything contained elsewhere in this Act or in any

land or
structures other law for the time being in force, and subject to-the provisions of the
vested in, or Urban Land (Ceiling and Regulation) Act, 1976, it shall be competent for 33 of 1976.
resumed by,
the State. the State Government to make use of, or settle with any person or authority,
any land or structure vested in, or resumed by, the State under this Act
for public purpose on such terms and conditions, and in such manner, as
may be prescribed.

Disposal of 26. Notwithstanding anything contained in this Act, the State

land or Government shall not be deemed to be a landlord within the meaning of
structures
vested in, or the term as in the West Bengal Premises Tenancy Act, 1956 but be a West Ben.
resumed by, licensor and the Bharatia a licensee under the State where there is no Act XII of
the State. 1956.
thika tenant.

302
 The West Bengal Thika Tenancy (Acquisition and Regulation)
Act, 2001.
XXXII of 2001.1
(Chapter 1V. Miscellaneous and supplemental
provisions.--Section 27.)

West Ben. 27. (1) With effect from the date of commencement of this Act, the Repeal and
Act XXXVII savings.
of 1981. Kolkata Thika and other Tenancies and Lands (Acquisition and Regulation)
Act, 1981, shall stand repealed.
(2) Notwithstanding the repeal of the said Act, such repeal shall
not—
(a) affect the previous operation of the said Act or anything duly
done or suffered thereunder; or
(b) affect any right, privilege, obligation or liability acquired,
accrued or incurred under the said Act; or
(c) affect any penalty, forfeiture or punishment incurred in respect
of any offence committed against the said Act; or
(d) affect any investigation, legal proceeding or remedy, in respect
of any such right, privilege, obligation, liability, penalty,
forfeiture or punishment as aforesaid;
and any such investigation, legal proceeding or remedy may be instituted,
continued or enforced, and any such penalty, forfeiture or punishment may
be imposed, as if this Act had not been passed.

Statement of Objects and Reasons on the West Bengal

Thika Tenancy (Acquisition and Regulation) Bill, 2000
(Bill No. 18 of 2000).

STATEMENT OF OBJECTS AND REASONS.

The Calcutta Thika and other Tenancies and Lands (Acquisition and
Regulation) Act, 1981 (West Ben. Act XXXVII of 1981) (hereinafter
referred to as the said Act) was amended in 1993 to make up for certain
deficiencies in the said Act. In course of administering the said Act, it
has come to the notice of the State Government that certain provisions
of the said Act are still defective, leaving scope for addition to existing
litigations. It is, therefore, necessary to amend the said provisions.

2. The Bill has been framed with the above object in view.

KOLKATA, SURYA KANTA MISHRA,

The 28th June, 2000. Member-in-charge.

303
Registered No. WBISC-247 No. WB(Part-Ill)12019/SAR-17

ilUtlkata
ft~141:P=1~
Extraordinary
Published by Authority
BHADRA 12] TUESDAY, SEPTEMBER 3, 2019 [SAKA 1941

pART Ill-Acts of the West Bengal Legislature.

GOVERNMENT OF WEST BENGAL

LA W DEPARTMENT

Legislative

NOTIFICA TION

No. I 001-L.-3rd September, 2019.- The following Act of the West Bengal Legislature, having been assented to
by the Governor, is hereby published for general information:-

West Bengal Act XI of 2019

THE WEST BENGAL THIKA TENANCY (ACQUISITION AND
REGULATION) (AMENDMENT) ACT, 2019.

[Passed by the West Benga/ Legis/ature.]

[Assent of the Governor was first published in the Ko/kata Gazette,

Extraordinary, of the 3rd September, 2019.]

An Act to amend the West Bengal Thika Tenancy (Acquisition and Regulation) Act,
2001.

WHEREASit is expedient to amend the West Bengal Thika Tenancy (Acquisition West Bell. Act
XXXllof2001.
and Regulation) Act, 200 I, for the purposes and in the manner hereinafter appearing;

It is hereby enacted in the Seventieth Year of the Republic ofIndia, by the Legislature
of West Bengal, as follows:-
Short title and 1. (1) This Act may be called the West Bengal Thika Tenancy (Acquisition and
commencement.
Regulation) (Amendment) Act, 2019.
2 THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 3, 2019 [PART III

The West Bengal Thika Tenancy (Acquisition and

Regulation) (Amendment) Act, 2019.

(Sections 2, 3.)

(2) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.
Amendment of 2. In section 2 ofthe West Bengal ThikaTenancy (Acquisition and Regulation) Act,
section 2 of West
Ben. Act XXXII 2001 (hereinafter referred to as the principal Act),-
of 2001.
(1) clause (1), shall be renumbered as clause (la) of that section and before
clause (la), so renumbered, the following clause shall be inserted:-
'( 1) "assignment" means transfer oflease hold interest over a thika land by
a thika lessee to thika assignee;';
(2) after clause (la), so renumbered, the following clauses shall be inserted:-
'( 1b) "building" means any construction made over thika land either by the
thika tenant himself or in collaboration with Bharatia with the prior
sanction of the Kolkata Municipal Corporation or the Howrah Municipal
Corporation or any other Municipal Corporation or any local authority and
includes any construction made over thika land by the Kolkata Municipal
Corporation or the Howrah Municipal Corporation or any other Municipal
Corporation or any local authority, with the consent of thika tenant and
Bharatia;
(le) "construction" means any structure made over a vacant thika land
either by a thika tenant himself or in collaboration with Bharatia or by the
Kolkata Municipal Corporation or the Howrah Municipal Corporation or
any other Municipal Corporation or any local authority, as the case may
be;';
(3) after caluse (2), the following clause shall be inserted:-
'(2a) "development agreement" means an agreement entered between thika
tenant and Bharatia with or without the Kolkata Municipal Corporation or
the Howrah Municipal Corporation or any other Municipal Corporation or
local authority, as the case may be, and approved by the concerned
Corporation; ';
(4) in clause (I 3), after the words "durable nature", the words "and includes
any type of construction or reconstruction or developemnt of building done
by thika tenant by himself or in collaboration with Bharatia, keeping intact
their respective share" shall be inserted;
(5) after clause (13), the following clauses shall be inserted:-
'(13a) "thika assignee" means any Bharatia or any other person, in respect
of whom assignment may be made by the thika lessee in terms of
development agreement for construction over the thika land and includes
the successor-in-interest of such persons;
(l3b) "thika lessee" means any thika tenant holding a thika land and
authorised to transfer interest on such land;'.

Amendment of 3. In section 5 of the principal Act,-

section 5.
(1) after sub-section (4), the following sub-section shall be inserted:-
"(4A) Notwithstanding anything contained in this section, the interest of
the thika tenant over thika land holding directly under the State under sub-
section (1) may be transferable as thika lessee, by the Controller with the
prior permission of the State Government, for assignment to thika
assignee.";
PART Ill] THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 3, 2019 3

The West Bengal Thika Tenancy (Acquisition and

Regulation) (Amendment) Act, 2019.

(Sections 4, 5.)

(2) in sub-section (5),-

(a) in clause (a), for the words "Bharatias under them; and", the words
"Bharatias under them;" shall be substituted;
(b) after clause (a), the following clause shall be inserted:-
"(aa) residential purposes of thika lessee, thika assignee or any other
purpose or purposes, as may be prescribed; and".

Amendment of 4. In section 6 ofthe principal Act, after sub-section (1), the following sub-sections
section 6.
shall be inserted:-
"(lA) Notwithstanding anything contained in sub-section (l), the
Controller may allow thika tenants to transfer any vacant land or any part thereof to the
thika assignee with the prior permission of the State Government, on such terms and
conditions as may be prescribed by the State Government.
(lB) Where the vacant land as stated in sub-section (lA) ofthis section is not utilised
within such time as may be prescribed from the date of grant or permission from the
Controller, for the purpose for which the person has been permitted for, the State
Government may, after giving opportunity of hearing to such person, resume the land
or its part thereof, as the case may be, for violation of terms and conditions for such
transfer.

(1C) Notwithstanding anything contained in this section, any land or structure or part
thereof so resumed under this section, may be used or settled by the State Government
on such terms and conditions as may be prescribed by the State Government.".

Insertion of new 5. After section 6 of the principal Act, the following section shall be inserted:-
section 6A.
"Construction
6A. (1) For betterment of living condition of thika tenant and
over thika land
for betterment ofBharatia, construction or reconstruction or development of building
living condition.
over thika land may be done either by the thika tenant himself or in
collaboration with Bharatia without disturbing proportionate share of thika tenant and
Bharatia, in terms of development agreement for the purpose:
Provided that both the thika tenant and Bharatia shall pa¥ such amount of salami as
may be prescribed, to the State Government, to be declared as thika lessee and thika
assignee, respectively.
(2) Where the thika tenant either himself or in collaboration with Bharatia is unable
to develop the thika land, the Kolkata Municipal Corporation or the Howrah Municipal
Corporation or any other Corporation or any local authority of the concerned area may
develop thika land for construction of building under any housing scheme or otherwise
without disturbing proportionate share of thika tenant and Bharatia.
(3) The State Government may resume all or any portion of land or structure over
any thika land with the written consent of thika tenant and all Bharatia for the purpose
of betterment of living condition of the thika tenant and thika assignee:
Provided that no compensation shall be payable by the State Government to any thika
tenant or Bharatia for resumption of land for the purpose of betterment of living
condition of the thika lessee and thika assignee.
4 THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 3, 2019 [PART III

The West Bengal Thika Tenancy (Acquisition and

Regulation) (Amendment) Act, 2019.

(Section 5.)

(4) After construction or reconstruction or development as stated in this section, the

thika lessee shall assign the building or part thereof to the thika assignee as stipulated
in the development agreement entered by the thika tenant and Bharatia. ",

By order of the Governor,

AKHILESH KUMAR PANDEY,

Secy.-in-charge to the Govt. of West Bengal,
Law Department.

Published by Law Department, Government of West Bengal and

Printed at Saraswaty Press Ltd.(Government of West Bengal Enterprise), Kolkata 700 056.