S.1 Short title, extent and commencement

       (1) This Act may be called the Calcutta Thika Tenancy Act, 1949.
       
       (2) It extends to Calcutta as defined in clause (11) of section 3 of the Calcutta Municipal Act, 1923 and 11. Words omitted by W.B. Act 28 of 1969. * * * * to the Municipality of Howrah.
       
       (3) It shall come into force on the day on which the Calcutta Thika Tenancy Ordinance, 1948, ceases to operate.

S.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 of a structure erected by a thika tenant in his holding.
       
       (2) "Controller" means an officer appointed as such by the 22. Word subs. by the Adaptation of Laws Order, 1950. [Statej Government for an area to which this Act extends and includes any officer appointed by the 22. Word subs. by the Adaptation of Laws Order, 1950. [State] Government to perform all or any of the duties imposed or to exercise all or any of the powers conferred by this Act, on the Controller;
       
       (3) "holding" means a parcel or parcels of land held by any pe

S.3 Grounds on which a thika tenant may be ejected

       Sec. 3 subs. by W. B. Act 29 of 1969.
       (1) Notwithstanding anything contained in any other law for the time being in force or in any contract, a thika tenant shall, subject to the other provisions of this Act, be liable to ejectment from his holding on one or more of the following grounds and not otherwise, namely:
       
       (i) on the ground that he has used the land comprised in his holding in a manner which renders it unfit for any of the purposes mentioned in clause (5) of section 2;
       (ii) except during any period limited by a registered lease under which a thika tenant may hold the land comprised in the holding and subject to the provisions of sub-sections (2), (3) and (4), on the ground that the land is required by the landlord for his own occupation;

S.4 Notice before ejectment

       It shall not be competent for a landlord to eject any thika tenant from his holding unless the landlord has given the thika tenant notice in the manner provided in section 106 of the Transfer of Property Act, 1882,
       (a) in the case where he wishes to eject the thika tenant on 66. Words, figures and brackets subs. by W. B. Act 29 of 1969. [the ground specified in clause (i) of sub-section (1)] of section 3 at least one month's notice in writing expiring with the end of a month of the tenancy; and
       
       (b) in the case where he wishes to eject the thika tenant on the ground specified in 66. Words, figures and brackets subs. by W. B. Act 29 of 1969. [clause (ii) of sub-section (1)] of section 3 at least three months' notice in writing expiring with the end of a month of the tenancy: 77. Proviso subs.

S.5 Proceedings for ejectment

       (1) Notwithstanding anything contained in any other law for the time being in force 88. Words omitted by W.B. Act 29 of 1969. * * * a landlord wishing to eject a thika tenant on one or more of the grounds specified in section 3 shall apply in the prescribed manner to the Controller for an order in that behalf and, on receipt of such application, the Controller shall, after giving the thika tenant a notice to show cause within thirty days from the date of service of the notice why the application shall not be allowed and after making an inquiry in the prescribed manner either allow the application or reject it after recording the reasons for making such order, and, if he allows the application, shall make an order directing the thika tenant to vacate the holding and, subject to the provisions of section 10, to put the landlord in possession thereof.
       
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S.6 Stay of ejectment for arrears of rent if the amount of arrears and damages are deposited with the Controller

       Omitted by W.B. Act 29 of 1969

S.7 Restoration of possession where landlord does not use the land for the purpose for which the thika tenant was ejected

       If an order under section 5 directing a thika tenant to vacate any land comprised in a holding on 99. Words, figures and brackets subs. by W. B. Act 29 1969. [the ground specified in clause (ii) of sub-section (1)] of section 3 is made and the landlord who recovers possession of the land as a result of such order does not within six months from the date on which he recovers such possession occupy the land himself 1010. Words omitted by W.B. Act 29 of 1969. * * * * * * or re-lets it within six months of the said date to any thika tenant other than the previous thika tenant without the permission of the Controller obtained in the prescribed manner, the Controller may on application in writing being made to him in this behalf by the thika tenant from whom the landlord has so recovered possession of the land within nine months from the said date, make an order directing the landlord to restore the thika tenant to possession of th

S.7(a) Power of the Controller to set aside order for ejectment in certain cases

       Sec. 7A ins. by W.B. Act 29 of 1969.
       (1) Where an order for ejectment of a thika tenant from his holding has been made by the Controller under section 5 before the date of commencement of the Calcutta Thika Tenancy (Second Amendment) Act, 1969, but the possession of the land comprised in the holding has not been recovered by the landlord from the thika tenant, the thika tenant may, within sixty days from such date, apply to the Controller for setting aside the order.
       
       (2) On receipt of an application under sub-section (1) the Controller shall cause a notice thereof to be served on the landlord, and if after considering such evidence as the parties may adduce,
       
       (a) the Controller is satisfied that the

S.8 Surrender

       (1) A thika tenant not bound by any lease or other agreement for a fixed period may, at the end of a month of the tenancy, surrender his holding, provided that he gives to his landlord at least one month before he surrenders, notice of his intention to do so.
       
       (2) When a thika tenant has surrendered his holding the landlord may, subject to the provisions of section 10, enter on the holding and either let it to another tenant or occupy it himself or dispose of it in any way he may think fit.

S.9 Abandonment

       (1) When a thika tenant voluntarily abandons his holding without notice to the landlord and without arranging for the payment of his rent as it falls due, the landlord may, at any time after the expiration of a period of two months from the date of such voluntary abandonment, file the notice referred to in sub-section (2) and subject to the provisions of sub-section (3) and of section 10 enter on the holding and let out the same to another tenant or occupy it himself.
       
       (2) A landlord who intends to enter on a holding under this section shall file a notice in the prescribed form with the Controller, stating that he has treated the holding as abandoned and intends to enter on it accordingly; and the Controller shall within fifteen days from the date on which the notice is so filed cause such notice to be published in the prescribed manner

S.10 Consequences of the determination of interests of thika tenants in certain cases

       (1) Notwithstanding anything to the contrary contained in any contract, on the determination of the interest of a thika tenant in the land comprised in a holding as a result of ejectment from the holding of, or of surrender or abandonment of the holding by, the thika tenant, or otherwise, any structure 1313. Words subs. by W.B. Act 6 of 1953. [standing upon] such land and existing on the date of such determination shall vest in the landlord.
       
       (2) When any structure 1414. Words subs. by W.B. Act 29 of 1969. [standing on any holding of a thika tenant] vests in the landlord under sub-section (1) otherwise than as a result of ejectment of the thika tenant from the holding on 1515. Words subs. by W.B. Act 6 of 1953. [the ground specified in clause (ii) of sub-section (1)] of section 3, 1414. Words subs. by W.B. Act 29 of 1969. [any Bharatia

S.10(a) Right of thika tenant to erect pucca structures

       New Section 10A ins. by W.B. Act 29 of 1969.
       (1) Notwithstanding anything contained in any other law for the time being in force or in any contract, but subject to the provisions of sub-sections (2) and (3), a thika tenant using the land comprised in his holding for a residential purpose may erect a pucca structure on such land for such purpose with the previous permission of the Controller.
       
       (2) On an application made by a thika tenant in this behalf, the Controller may grant him permission to erect a pucca structure, if the Controller is satisfied that the thika tenant
       
       (a) is using the structure existing on the land comprised in his holding for a residential purpose,
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S.11 Devolution or transfer of holding of a thika tenant

       Omitted by W.B. Act 6 of 1953.

S.12 Payment of rent

       Any rent or instalment of rent payable by a thika tenant shall be paid, where there is a contract in writing in this behalf between the landlord and the thika tenant, within the time fixed in the contract or, in the absence of any such contract, by the fifteenth day of the month next following the month or period for which the rent is payable.

S.13 Time and place for payment of rent

       (1) Every thika tenant shall pay or tender rent or each instalment of rent before sunset of the latest day by which it is payable under the provisions of section 12:
       
       Provided that a thika tenant may pay or tender the rent payable for a month or period at any time during such month or period before it falls due.
       
       (2) The payment or tender of rent may be made
       
       (i) at the landlord's local office or at such other convenient place as may be appointed in that behalf by the landlord; or
       (ii) by postal money order in the manner prescribed. A tender may also be made by depositing the rent with the Controller in accordan

S.14 Appropriation of payments

       (1) When thika tenant makes a payment on account of rent, he may declare the month or period in respect of which he wishes the payment to be credited, and the payment shall be credited accordingly.
       
       (2) If he does not make any such declaration, the payment may be credited to the account of such month or period as the landlord thinks fit.
       

S.15 Thika tenant entitled to receipt for rent

       (1) Every thika tenant who makes a payment on account of rent to his landlord shall be entitled to obtain forthwith from the landlord or his authorised agent a written receipt for the amount paid by him, signed by the landlord.
       
       (2) A counterfoil of the receipt shall be prepared and retained by the landlord or his authorised agent.
       
       (3) The receipt and counterfoil shall be in such form and shall contain such particulars as may be prescribed.
       
       (4) If a receipt does not contain substantially the particulars required by this section, it shall be presumed, until the contrary is shown, to be an acquittance in full of all demands for rent up to the date on which t

S.16 Penalty for withholding receipts

       If a landlord without reasonable cause refuses or neglects to deliver to a thika tenant a receipt containing the particulars required by section 15 for any rent paid by the tenant, the Controller may, on application made in this behalf by the tenant within three months from the date of payment, by order direct the landlord to pay the tenant such penalty not exceeding double the amount of that rent as the Controller thinks fit.

S.17 Deposit of rent on refusal of the landlord to accept

       (1)Where a landlord refuses to accept any rent the thika tenant may, by an application in writing containing such particulars as may be prescribed,
       
       (a) deposit such rent with the Controller, within the period specified in sub-section (2), and
       (b)unless the landlord signifies by notice in writing to the thika tenant his willingness to accept any subsequent rent which becomes due from such tenant, also deposit such rent with the Controller within the period within which it is payable under the provisions of section12 1717. Words omitted by W.B. Act 24 of 1959. * * * * *.
       Explanation. A landlord shall not for the purposes of this sub-section be deemed to have refused to accept any rent unless the rent is remitted by the thika tenant by postal money

S.18 Deposit of rent in certain other cases

       (1) In either of the following cases, namely:
       
       (a) when any rent is payable jointly to two or more co-sharer landlords and the thika tenant is unable to obtain a joint receipt from them for the rent and no person has been empowered to receive the rent on their behalf,
       (b) when a dispute has arisen as to the person who is entitled to receive the rent, the thika tenant may by an application in writing containing such particulars as may be prescribed deposit such rent with the Controller and may continue to deposit with the Controller any subsequent rent which becomes due from such tenant until the thika tenant is able to obtain a joint receipt from the co-sharer landlords or a person has been empowered to receive the rent on their behalf, or until such dispute has been settled by the decision

S.19 Receipt granted by the Controller for rent deposited to be a valid acquittance

       If it appears to the Controller to whom application for deposit is made under section 17 or section 18 that the applicant is entitled to deposit the rent under any of those sections, he shall receive the rent deposited and give a receipt for it under the seal of the Court and such receipt shall operate as an acquittance for the amount of the rent payable by the thika tenant and deposited as aforesaid, in the same manner and to the same extent as if the amount of the rent had been received in cases referred to in clauses (a) and (b) of sub-section (1) of section 17, by the person specified in the application as the person to whose credit the deposit was to be entered; in cases referred to in clause (a) of sub-section (1) of section 18, by the co-sharers to whom the rent is due; and in cases referred to in clause (b) of sub-section (1) of section 18, by the person entitled to the rent.

S.20 Disposal of rent deposited under section 17

       Section 20 subs. by W.B. Act 24 of 1959. On any deposit being made under section 17, the Controller shall send in the prescribed manner the copy of the application to the landlord and the amount lying in deposit may, in such manner as may be prescribed, be withdrawn by the landlord on application made in that behalf and if such amount is not withdrawn before the expiration of three years from the date of deposit, it may, in the absence of any order of a Civil Court to the contrary, be repaid to the tenant on his application and on his returning the receipt given by the Controller under section 19:
       Provided that before passing any order for repayment of the amount to the tenant the Controller shall give a notice to the landlord by registered post at the last known address of such landlord and shall also publish the notice in his office and shall not pass any order for repayment unt

S.21 Disposal of rent deposited under section 18

       (1) When the Controller receives a deposit under section 18, he shall forthwith cause to be affixed in a conspicuous place at his office a notification of the receipt thereof containing a statement of all material particulars, and, if the amount of the deposit is not paid away under sub-section (2) within the period of fifteen days next following the date on which the notification is so affixed, the Controller shall forthwith in cases referred to in clause (a) of sub-section (1) of section 18 cause a notice of the receipt of the deposit to be posted free of charge at the landlord's local office, if any, and at some conspicuous place in the locality in which the holding is situated, and, in cases referred to in clause (b) of sub-section (1) of the said section, cause a like notice to be served free of charge on every person who, he has reason to believe, claims or is entitled to the deposit.
     &n

S.22 Saving

       (1) When a landlord accepts rent in respect of any holding sent by postal money order by a thika tenant under clause (ii) of sub-section
       
       (2) of section 13 or by the Controller under section 21 or withdraws any rent deposited under section 17 or section 18, the fact of this acceptance or withdrawal shall not be used in any way as evidence that he has admitted as correct any of the particulars set forth in the postal money order form or in the application for deposit of such rent. (2) No suit, prosecution or other legal proceeding shall be instituted against the 2020. Word subs. by the Adaptation of Laws Order, 1950. [Government] or against any officer of the 2020. Word subs. by the Adaptation of Laws Order, 1950. [Government] in respect of anything done by the Controller receiving a deposit under section 17 or

S.23 Interest on arrears

       Any arrear of rent shall bear simple interest at the rate of six and a quarter per centum per annum from the expiry of the time within which the rent or the instalment of rent is payable under the provisions of section 12 or is to be deposited under section 17 or section 18, as the case may be, to the date of payment or of the institution of the suit, whichever date is earlier.

S.23(a) Suit for arrears of rent

       Sections 23A and 23B ins. by W.B. Act 29 of 1969.
       (1) Notwithstanding anything contained in any other law for the time being in force, no suit for the recovery of arrears of rent shall be instituted against a thika tenant unless the thika tenant has defaulted in the payment of rent for more than two months or periods.
       
       (2) If in any suit instituted for the recovery of arrears of rent, it appears to the Court that the thika tenant has, without reasonable or probable cause, neglected or refused to pay the amount of rent due by him, the Court may award to the landlord in addition to the amount decreed for rent and costs such damages not exceeding twelve and a half per centum on the amount of rent decreed, as he thinks fit:
       
   &nb

S.23(b) Right of landlord to purchase holding in case of execution sale

       Sections 23A and 23B ins. by W.B. Act 29 of 1969.
       (1) Where any land comprised in the holding of a thika tenant is sold in execution of a decree obtained against him, the landlord may, within two months of the date of the sale, apply to the executing Court for the transfer of such land to him.
       
       (2) The application shall be dismissed, unless the landlord at the time of making it, deposit in Court the amount of the price for which such land was sold together with compensation at the rate of five per centum of such amount.
       
       (3) If such deposit is made the Court shall give the auction-purchaser notice of the application and an opportunity of being heard. If the Court is satisfied that the conditions referr

S.24 Restrictions on enhancement of rent

       The rent of a thika tenant shall not be enhanced except as provided in this Act.

S.25 Enhancement of rent

       (1)The rent payable by a thika tenant for his holding may be enhanced by the Controller on application made to the Controller by the landlord in the prescribed manner on either or both of the following grounds, namely:
       
       (a) that the value of the holding has increased;
       (b) that the landlord has effected some improvement to the land at his own cost which has increased the value of the holding:
       Provided that no rent shall be enhanced under this sub-section so as to exceed the rent previously payable by the thika tenant by more than twelve and half per centum.
       
       (2) The rent fixed under sub-section (1) shall not be further enhanced during three years next follow

S.26 Reduction of rent by the Controller

       Any rent payable by a thika tenant which has been settled within a period of three years immediately before the commencement of this Act, may be reduced by the Controller on application made in that behalf by the thika tenant if the Controller considers that the rate of rent so settled is unfair and inequitable having regard to the prevailing rate of rent payable by thika tenants of lands of a similar description and with similar advantages in the locality.

S.26(a) Power of District Judge and Chief Judge, Court of Small Causes of Calcutta to withdraw and transfer proceeding

       Section 26A ins. by W.B. Act 6 of 1964.
       (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 of his own motion without such notice, the District Judge in the case of the 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 Presidency town 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 Presidency town of Calcutta, as the case may be, or retransfer it for hearing or disposal to the Controller from whom it was withdrawn.
       
     &nb

S.27 Appeal, review and execution

       (1) Any person aggrieved by an order of the Controller may, within thirty days from the date of the order, present an appeal in writing
       
       (a) in respect of any holding in the Presidency town 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 of the district in which the holding concerning which such order is made is situated.
       
       (2) The State Government may, by notification, appoint any person who has exercised the powers of a District Judge to hear appeals presented under clause (a) of sub-section (1) to the Chief Judge of the Court of Small Causes of Calcutta and may, by notification, also appoint any person who is

S.28 Power of Court to rescind or vary decrees and orders in certain cases

       Omitted by W.B. Act 6 of 1953.

S.29 Application of Act to pending suits and proceedings

       Omitted by W.B. Act 6 of 1953.

S.30 Bar to application of Act to certain lands

       Nothing in this Act shall apply to
       (a) 23a23a. Words subs. by the Adaptation of Laws Order, 1950. [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.31 Restriction or exclusion of Act by agreement

       Nothing in any contract between a landlord and a thika tenant made after the commencement of this Act shall take away or limit the rights of such tenant 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.32 Power to enter and inspect premises, to require information and to summon witnesses

       (1) For the purposes of any inquiry under this Act, the Controller and any person deciding an appeal under section 27, 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 relevant to the inquiry 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.

S.32(a) Thika tenant may get supply of electricity to the holding and structures thereon without the permission of the landlord

       Section 32A ins. by W.B. Act 24 of 1959.
       (1) A thika tenant desiring to get supply of electricity from a licensee, as defined in clause (h) of section 2 of the Indian Electricity Act, 1910, may, if the landlord refuses or withholds his consent to such supply, apply to the Controller, setting out the scheme for such supply.
       
       (2) On receipt of such application the Controller may, after giving the landlord an opportunity of being heard, permit the thika tenant to get the supply in accordance with the scheme set out in the thika tenant's application or in accordance with any modified scheme.
       
       (3) On such permission being given, the landlord shall be deemed, notwithstanding anything contained in any other l

S.32(b) Duty of thika tenant to provide essential amenities for Bharatias

       Section 32B ins. by W.B. Act 29 of 1969.
       (1) Notwithstanding anything contained in any other law for the time being in force or in any contract, it shall be the duty of every thika tenant to keep the structures let out to Bharatias, in a condition fit for habitation and to make such provisions for water-supply, conservancy and sanitary services as may be considered by the Controller essential, regard being had to the conditions of water-supply, conservancy and sanitary services prevailing in the area in which the holding is situated and the number of Bharatias in possession of the structures.
       
       (2) Where the Controller is, on an application filed by a Bharatia, satisfied that any structure let out to the Bharatia is unfit for habitation or that essential provisions for water-supply, conservan

S.33 Repeal and saving

       On the expiry of the Calcutta Thika Tenancy Ordinance, 1948, the provisions of section 8 of the Bengal General Clauses Act, 1899, shall apply as if it were an enactment then repealed by a West Bengal Act.

S.34 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 following matters, namely:
       
       (a) the manner of determination of compensation referred to in the proviso to section 4;
       (b) the manner in which a landlord may apply to the Controller and the manner in which the Controller may make inquiries under section 5;
       (c) the manner of obtaining permission of the Controller referred to in section 7;
       (d) the form of notic