Section 4 in West Bengal Thika Tenancy (Acquisition and Regulation) Rules, 2004
4. Manner of application for obtaining prior permission and disposal of such application under sub-section (4) of section 5.
(1)An application, stating the circumstances and grounds for transfer of interests in the land inter se amongst the heirs existing co-shares-interest and spouses or to the prospective heirs, may be made to the Controller for obtaining his prior permission and the procedure laid down in rule 5, shall apply, mutatis mutandis, to the manner of making and disposal of such application :Provided that such application shall be made at least three months prior to the date of transfer to interests in the land, or within such further period as may be extended by the Controller subject to payment of rupees one hundred as late fee to be deposited in T.R. Form, for every month of delay or part thereof :Provided further that if no such prior permission has been or was obtained, in respect of any transfer of interest in land made on or after the 18th January, 1982, a penalty of a sum not exceeding the value of 1/4% of the market value of such land shall be deposited in T.R. Form, by the thika tenant to regularise such transfer as provided in sub-section (4) of section 5 of the Act.(2)When the State Government needs land comprised in any thika tenancy for any public purpose, the Controller or any other officer authorised by him, may(a)require the thika tenant to surrender his tenancy in writing the Controller after giving the thika tenant at least 30 days' notice;(b)passed an order in writing for resumption of land comprised in such thika tenancy, after giving the thika tenant and the Bharatia, if any, an opportunity of being heard;(c)upon such resumption under clause (b), if the thika tenant or any Bharatia continues to occupy such land, evict the occupant and the Controller or any other officer authorised by him may, after giving 30 days' notice, enter the land and the buildings or other erections, thereon, if any, and take vacant possession thereof.(3)A thika tenant, whose interest in land comprised in any thika tenancy is resumed by the State, may claim compensation to be determined and calculated in the following manner :(a)the Controller of the area concerned shall, with the assistance of any technical officer under him, if any, first determine the market value of the land, with or without structures. If there is no such officer under him, the Land Acquisition Collector having jurisdiction over such area shall, upon a requisition in writing from the Controller in this behalf, lend the services of a technical officer under him to the Controller for determination of the market value of such land. While determining such market value, all relevant documents and circumstances shall be taken into consideration;(b)the amount shall be calculated at a rate not exceeding ten times the annual rent paid by Bharatias and shall be reduced by (apart from rents, taxes and other charges on account of management and collection at a rate of twenty per cent of the gross annual rent earned or expected) rent, taxes and revenues or other dues payable to the Central Government or the State Government;(c)the amount for the purpose of the proviso to sub-section (4) of section 6 shall be the market value determined under clause (a) or the amount calculated under clause (b), whichever is less.(4)Where any structure comprised in any thika tenancy is occupied by the tenant himself, the amount of compensation payable shall be 10 times the expected annual rent if such structure had been let out, to be determined having regard to the situation, locality and condition of the premises and the amenities provided therein and where there are similar premises in the locality, having regard also to the rent payable in respect of such premises and after giving the tenant a reasonable opportunity of being heard and shall be such as will appear to the Controller to be reasonable.
