Section 6 in West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001
6. Thika tenant not to let out vacant land.
(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) [,or sub-section (5), or proviso to sub-section (5), of section 5] [Substituted by section 6(1) of the West Bengal Thika Tenancy (Acquisition and Regulation) (Amendment) Act, 2010 (West Bengal Act No. 25 of 2010) (with retrospective effect from 1.3,2003) for, 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 structure, 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 the land 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 deter-mined under sub-section (6) of section 7 of the Act in addition to 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 licence to such Bharatia in respect of so much area of such structure as is occupied by such Bharatia and such licence may be granted on such terms and conditions, and in such manner, as may be prescribed.] [Substituted by section 6(2) of the West Bengal Thika Tenancy (Acquisition and Regulation)(Amendment) Act, 2010 (West Bengal, Act No. 25 of 2010)(with effect from 1.11.2010) for grant him licence as per terms as may by prescribed.]
