WEST BENGAL THIKA TENANCY (ACQUISITION AND REGULATION) ACT, 2001
(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 (West Ben. Act LIX of 1980), and to Howrah as defined in clause (15) of section 2 of the Howrah Municipal Corporation Act, 1980 (West Ben. Act LVIII of 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
Section 1 of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001, serves as the preliminary provision that defines the title and scope of the Act, establishing its territorial and temporal jurisdiction.
Section 1 states the short title of the Act, its extent, and the commencement date. Specifically:- The Act is called the "West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001."- It extends to the entire state of West Bengal, including Kolkata.- It came into force on 1st March 2003.
Note: The analysis is based on the primary provisions of Section 1 and supplemented by contextual references from the provided sources, emphasizing its foundational and scope-defining role in the Act.
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 to 1[for any structure including pucca structure, if any, or part thereof,] owned by a thika tenant, but excludes any person paying rent to a Bharatia and any 2[resident of any structure including pucca structure, if any,] forfeited by the State Government under sub-section (2) of section 6, irrespective of the status, the said person may have enjoyed earlier;
1. Substituted by section 3(1)(a) of the West Bengal Thika Tenancy (Acquisition and Regulation) (Amendment) Act, 2010 (West Ben. Act XXV of 2010) (with effect from 1.11.2010) for "for any structure or part thereof,".
2. Substituted by section 3(1) (b), ibid (with effect from 1.11.2010) f
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.
With effect from the 18th day of January, 1982, the following lands along with the interest of landlords therein shall be deemed to have vested in the State, free from all encumbrances :-
1[(a) thika land;]
(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 thika 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 enjo
(1) Subject to the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976), and the provisions of this Act, every thika tenant, 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.
(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.
1[(3) If any question arises as to whether a person is a thika tenant or not or whether the land in question is thika land or not, the Controller, either on his own motion or upon receiving any information, may, after giving the persons interested an opportunity of being hea
(1) The thika tenants holding lands directly under the State shall be entitled to let out in whole or in part structures existing on, or 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 subsection (4) 1[, or sub-section (5), or proviso to sub-section (5), of section 5], shall be declared invalid under an order of the Controller and the structure or part of structure, as the case may be, shall stand forfeited to the State in accordance with the procedure as may be prescribed.
1. Substituted by section 6(1) of the West Bengal Thika Tenancy (Acquisition and Regulation) (Amendment) Act, 2010 (West Ben. Act XXV of 2010) (with retrospective effect from 1.
(1) The State shall, for the vesting of any land under section 4, 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 (33 of 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 may be prescribed, having regard to the extent of the rights of the landlord. Such annuity shall not exceed the annual net income de
The monthly and other periodical tenancies of Bharatias in respect of the structures occupied by them on payment of rents to the thika tenants shall, with effect from the date of coming into force of this Act, be governed by the provisions of 1[the West Bengal Premises Tenancy Act, 1997 (West Ben. Act XXXVII of 1997)], 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.
1. Marginal Note substituted by section 7(1) of the West Bengal Thika Tenancy (Acquisition and Regulation) (Amendment) Act. 2010 (West Ben. Act XXV of 2010) (with effect from 1.11.2010), which was earlier as under:
"Thika tenants and Bharatias to be governed by West Ben. Act XII of 1956.".
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(1) The State Government may, by notification, appoint one or 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.
1[(2) A Controller may be an officer belonging to the Indian Administrative Service or the West Bengal Civil Service (Executive).]
1. Sub-section (2) substituted by section 8(1) of the West Bengal Thika Tenancy (Acquisition and Regulation) (Amendment) Act, 2010 (West Ben. Act XXV of 2010) (with effect from 1.11.2010), which was earlier as under:
"(2) A Controller may be an officer belonging to the Indian Administrative Service, West Bengal Civil Service (Executive) or West Bengal Higher Judicial Service.".
(1) Notwithstanding anything to the contrary contained in any other law for the time being in force, the tenancy of a Bharatia as a tenant under a thika tenant shall not be extinguished because of subsequent nonexistence 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-secti
1[(1)] 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 (5 of 1908), in respect of the following matters :-
(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
(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 Land Reforms and Tenancy Tribunal Act, 1997 (West Ben. Act XXV of 1997).
(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.
(1) The State Government may, on its own motion, call for and examine the records or 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 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.
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 its own motion without such notice, the Land Reforms and Tenancy Tribunal may, at any stage, withdraw such proceeding from one Controller and transfer it for hearing or disposal to a Controller appointed for any other area, or retransfer it for hearing or disposal to the Controller from whom it was withdrawn.
(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 draw
Nothing in this Act shall apply to -
(a) lands belonging to the Central and the State Governments;
(b) any land, vested under any other law in or in the possession of,-
(i) the Central Government, or
(ii) the State Government, or
(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 ou
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 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.
For the purpose of any inquiry under this Act, the Controller and any person deciding an appeal under 1[section 12], may-
(a) enter and inspect any premises at any time between sunrise and sunset; or
(b) authorise any person subordinate to him to enter and inspect 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.
1. Substituted by section 11 of the West Bengal Thika Tenancy (A
(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.
(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 b
(1) The State Government may make rules for carrying out the purposes of this Act. The rules framed under the Calcutta Thika and other Tenancies and Lands (Acquisition and Regulation) Act, 1981 (West Ben. Act XXXVII of 1981) may continue 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.
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.
No civil court shall have jurisdiction to decide, or to deal with, any question, or to determine any matter, which, by or under this Act, is required to be, or 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.
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.
(1) Except as hereinafter provided, Chapter VII and Chapter VIIA of the West Bengal Land Reforms Act, 1955 (West Ben. Act X of 1956), 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 VIIIA 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 prepare
(1) In respect of any holding, a thika tenant or tenant of other lands 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.
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 Regulation) Act, 1976 (33 of 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 for public purpose on such terms and conditions, and in such manner, as may be prescribed.
1[ * * * ]
1. Section 26 omitted by section 12 of the West Bengal Thika Tenancy (Acquisition and Regulation) (Amendment) Act, 2010 (West Ben. Act XXV of 2010) (with effect from 1.11.2010), which was as under:
"26. Disposal of land or structures vested in, or resumed by, the State.-Notwithstanding anything contained in this Act, the State Government shall not be deemed to be a landlord within the meaning of the term as in the West Bengal Premises Tenancy Act, 1956 (West Ben. Act XII of 1956) but be a licensor and the Bharatia a licensee under the State where there is no thika tenant.".
(1) With effect from the date of commencement of this Act, the Kolkata Thika and other Tenancies and Lands (Acquisition and Regulation) Act, 1981 (West Ben. Act XXXVII of 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, liab
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