S.1 Short title, extent and commencement

       (1) This Act may be called [the Calcutta Thika and other Tenancies and Lands] (Acquisition and Regulation) Act, 1981.
       
       (2) It extends to Calcutta as defined in 44. Words, figures and brackets subs. for the words, figures and brackets "clause (11) of section 5 of Calcutta Municipal Act, 1951" by W.B. Act 41 of 1984 (w.e.f. 4.1.1984). [clause (9) of section 2 of the Calcutta Municipal Corporation Act, 1980] and 55. Words, figures and brackets subs. for the words "the municipality of Howrah" by W.B. Act 41 of 1984 (w.e.f. 10.1.1984). [to Howrah as defined in clause (15) of section 2 of the Howrah Municipal Corporation Act, 1980:]
       
       66. Proviso ins. by W.B. Act 41 of 1984 (w.e.f. 10.1.1983). Provided that the provisions of this Act shall not extend to

S.2 Declaration as to the policy of the State

       It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in clauses (b) and (c) of article 39 of the Constitution of India.

S.3 Definitions

       In this Act, unless there is anything repugnant in the subject or context,
       77. Cause (1) subs. by W.B. Act 21 of 1993 (w.e.f. 18.1.1982). The previous clause (1) was as under: (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 or tenant of other lands in his holding or by a landlord in a bustee on his khas land.
       
       88. Clause (1A), ins. by W.B. Act 21 of 1993 (w.e.f. 18.1.1982). (1A) "bustee" means an area containing land with a collection of huts used or intended to be used for human habitation or for any business purpose, and includes any tank in or appurtenant to and in common use of the occupiers of such bustee, whether or not the same person is the owner or the landlord in respect of such tank;
 

S.4 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.

S.5 Lands comprised in thika tenancies, khas lands and other lands, etc. to vest in the State

       Sec. 5 subs. by W.B. Act 21 of 1993 (w.e.f. 18.1.1982). The original Sec. 5 was as under: "5. Lands comprised in thika tenancies and other lands, etc. and right, title and interest of landlords in such lands to vest in the State. With effect from the date of commencement of this Act, lands comprised in thika tenancies and other lands held under any person in perpetuity or under registered lease for a period of not less than twelve years or held in monthly and periodical tenancies for being used or occupies as Khatals along with easements, customary rights, common facilities and such other things in such thika tenancies and Khatals attached to or used in connection with such thika tenancies, and Khatals and the right, title and interest of landlords in such lands shall vest in the State free from all Incumbrances: Provided that the easements, rights, common facilities or benefits enjoyed by a thika tenant or an occupier of any

S.6 Incidents of tenancies in respect of lands vested in the State

       (1) Subject to the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 and the provisions of this Act, every thika tenant and any tenant, in respect of other lands which vest under section 5, occupying any land under a landlord on the date of commencement of this Act, shall occupy such land, on such terms and conditions as may be prescribed, directly under the State as if the State had been the landlord in respect of that land.
       
       1111. Sub-see. (2) subs. by W.B, Act 21 of 1993 (w.e.f. 18.1.1982). The previous sub-sec. (2) was as under: "(2) Subject to the provisions of section 26 of this Act, every thika and other tenants occupying land directly under the State under sub-section (1) shall be liable to pay to the State an amount of revenue determined in accordance with the provisions of the West Bengal Land Holding Revenue Act

S.7 Thika tenant not to let out land

       Sub-sees. (1) and (2) subs. by W.B. Act 21 of 1993 (w.e.f. 18.1.1982). The previous sub-sees. (1) and (2) were as under: "(1) Any person occupying and directly under the State within the meaning of sub-section (1) of section 6 shall not have any right title or interest in the land comprised in the holding and shall not let out the whole or any part of the land for any period: Provided that nothing in this sub-section shall prevent any such person from letting out the whole or any part of the structure standing on the land as long as his thika tenancy subsists. (2) Any person occupying land directly under the State within the meaning of sub-section (1) of section 6 shall not contravene any provision of this Act. Any transaction, contract or agreement (oral or written) in contravention of the provisions of this Act shall be void and upon such contravention the thika tenancy shall stand determined and the structure standing ther

S.8 Payment of compensation

       (1) The State shall for the vesting of any land under section 5, pay to the landlord or landlords having any right in such land an amount as may 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 5, pay to such landlord 1515. Words subs, for the words "an annuity for such number of years" by W.B. Act 21 of 1993 (w.e.f. 18.1.1982). [a perpetual annuity or, where the interest of the landlord is terminable or is liable to be exhausted, an annuity for such

S.9 Thika tenants and Bharatias to be governed by West Bengal Act 12 of 1956

S.10 Controller

       The State Government may, by notification, appoint one or more officers as Controller to perform all the functions of a Controller under this Act in respect of any area or areas to be specified in the notification.

S.11 Tenancy of Bharatia to continue

       Sec. 11 subs, by W.B. Act 21 of 1993 (w.e.f. 18.1.1982). The original sec. 11 was as under: "11. Bharatia to continue as monthly tenant(1) Notwithstanding anything contained in the West Bengal Premises Tenancy Act, 1956, or in any other law for the time being in force, a Bharatia under a thica tenant shall continue to be a monthly tenant unless lawfully evicted and the tenancy of a Bharatia shall not be extinguished because of subsequent not-existence of the structure or building or part thereof, which the Bharatia previously occupied under the thika tenant. (2) If any building or structure is built or rebuilt on the same site within the period of twelve years next after the date on which the old building or structure ceased to exist, the Bharatia shall be put into possession of the whole or a part of the new building or structure in proportion to the area held by him in the old building or structure and on such terms and con

S.12 Powers of Controller

       The Controller and any person deciding any appeal from his order 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, namely:
       (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

S.13 Appeal

       (1) Any person aggrieved by an order of the Controller may, within thirty days from the date of the order, prefer an appeal in writing
       
       (a) in respect of any holding within the jurisdiction of the Court of Small Causes of Calcutta, to the Chief Judge of the Court of Small Causes of Calcutta; and
       (b) in respect of any holding elsewhere, to the District Judge within whose jurisdiction the holding is situate.
       
       (2) The Chief Judge of the Court of Small Causes of Calcutta or the District Judge, as the case may be, before whom an appeal is preferred under sub-section (1) may either himself hear any such appeal or transfer such appeal to a Judge, Court of Small Causes of Calcutta or to an Additional District

S.14 Revision by State Government

       The State Government may, on its own motion, call for and examine the records of any order passed or proceedings taken by the 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 reasonable opportunity of being heard in the matter.

S.15 Power of District Judge and Chief Judge, Court of Small Causes of Calcutta to withdraw and transfer any proceedings

       (1)On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or on his own motion without such notice, the District Judge in the case of a proceeding pending before a Controller appointed for any area within the district, or the Chief Judge of the Court of Small Causes of Calcutta in the case of a proceeding pending before a Controller appointed for any area within the jurisdiction of the Court of Small Causes of Calcutta, may, at any stage, withdraw such proceeding and transfer it for hearing or disposal to a Controller appointed for any other area within the district or within the jurisdiction of the Court of Small Causes of Calcutta, as the case may be, or retransfer it for hearing or disposal to the Controller from whom it was withdrawn.
       
       (2) The Controller to whom

S.16 Bar to application of Act to certain lands

       Nothing in this Act shall apply to
       (a) Government lands,
       
       (b) any land vested in or in the possession of
       
       (i) the State Government,
       (ii) a port authority of a major port, or
       (iii) a railway administration, or
       (iv) a local authority, or
       
       (c) any land which is required for carrying out any of the provisions of the Calcutta Improvement Act, 1911.

S.17 Restriction or exclusion of Act by agreement

       Nothing in any contract between a thika tenant and a Bharatia made after the commencement of this Act shall take away or limit the rights of such tenant or Bharatia as provided for by 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.

S.18 Power to enter and inspect premises, to require information and to summon witnesses

       For the purpose of any inquiry under this Act, the Controller and any person deciding an appeal under section 13, may,
       (a) enter and inspect any premises at any time between sunrise and sunset;
       
       (b) authorise any person subordinate to him to enter and inspect any premises between sunrise and sunset; or
       
       (c) by written order, require 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

S.18(a) Penalty

       (1) Any contravention by any person occupying land directly under the State, being the landlord within the meaning of subsection (1) of section 6, of any provision of this Act shall be an offence pub- lishable with imprisonment for a term which may extend to five years and also with fine which may extend to ten thousand rupees.
       
       (2) No court shall take cognizance of any offence punishable under subsection (1) except on a complaint made in writing by the Controller or by an officer authorised by him in this behalf.

S.19 Proceedings including appeals and proceedings in execution of orders, etc., to abate

       All proceedings including appeals and all proceedings in execution of orders passed in proceedings including appeals under the Calcutta Thika Tenancy Act, 1949, pending on the 19th day of July, 1978, for the ejectment of thika tenants and Bharatias shall stand abated with effect from the 19th day of July, 1978, as if such proceedings, appeals or execution proceedings had never beed made.

S.20 Power to make rules

       (1) The State Government may, subject to the condition of previous publication, make rules for carrying out the purposes 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 that may be or are required to be prescribed or made by rules.
       

S.21 Repeal

       The Calcutta Thika Tenancy Act, 1949 is hereby repealed.

S.22 Saving of limitation

       In computing the period of limitation prescribed by any law for 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.

S.23 Bar to jurisdiction

       No civil court shall have jurisdiction to decide or deal with any question or to determine any matter which is by or under this Act required to be or has been decided or dealt with or to be determined 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.
       

S.24 Indemnity

       No suit, prosecution or other legal proceedings whatsoever shall lie against any person for anything in good faith done or intended to be done under this Act.

S.25 Maintenance, preparation and revision of record-of-rights

       (1) Except as hereinafter provided, Chapter VII and Chapter VILA of the West Bengal Land Reforms Act, 1955, and the rules made thereunder shall apply mutatis mutandis to the maintenance, preparation and revision of record-of-rights for the purposes of this Act.
       
       (2) Without prejudice to the generality of the provisions of Chapter VII and Chapter VILA of the West Bengal Land Reforms Act, 1955, the names of Bharatias and thika tenants, duration and incident of tenancies, rent payable by each thika tenant and each Bharatia and 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 s

S.26 Payment of monthly revenue

       Sec. 26 subs, by W.B. Act 21 of 1993 (w.e.f. 18.1.1982). The original sec. 26 was as under: "26. The provisions of West Bengal Act 44 of 1979 to be applicable to thika tenants(1) The provisions of the West Bengal Land Holding Revenue Act, 1979 shall, mutatis mutandis, apply to a thika tenant as if the said Act extends to the area described in Schedule 1 of the Calcutta Municipal Act, 1951 and as if the said area is a region within the meaning of the West Bengal Land Holding Revenue Act, 1979. (2) The Schedule to the West Bengal Land Holding Revenue Act. 1979. shall not apply to a thika tenant. The following shall be deemed to be the Schedule to the said Act being applicable to a thika tenant: In the case of any holding of a thika tenant the rate of revenue on land holding: (a) on the first rupees 10,000 of the total rateable value 5 paise in the rupee, (b) on the next rupees 10,000 of the total rateable value 8 paise in the r

S.27 Disposal of land or structures vested in or resumed by the State

       Notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force and subject to the provisions of the Urban Land (Ceiling and Ragulation) Act, 1976, it shall be competent for 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 to subserve the common good on such terms and conditions and in such manner as may be prescribed.