Section 3 in Calcutta Thika Tenancy (Acquisition and Regulation) Rules, 1982
3. Terms and conditions of occupation of land directly under the State under section 6(1).
- Every thika tenant and any tenant in respect of otherlands which vest under section 5, occupying any land under a landlord on the date of commencement of the Act, shall occupy such land directly under the State on the following terms and conditions :(a)every thika tenant, or tenant as the case may be, shall furnish to the Controller a return in Form A showing the particulars of his total land within two hundred and forty days from the date of commencement of the Act. The Controller may, on a written application from such thika tenant or extend the date for furnishing the return by a period not exceeding sixty days :[Provided that the Controller may, on reasonable grounds, accept any return which may be filed by the thika tenant or tenants after the expiry of the prescribed time-limit.] [Proviso inserted by Notification No. 84-L. Ref./6M-11/85 dated 17.1.1986 and published in the Calcutta Gazette, Extraordinary, Part I dated 6.2,1986.](b)every thika tenant or tenant shall pay to the Controller an annual revenue being not less than what he was paying to the landlord before the coming into force of the Act until the amount of revenue is determined in accordance with the provisions of the West Bengal Land Holding Revenue Act, 1979 (West Bengal Act No. 44 of 1979) read with sub-section (2) of section 26. The annual revenue paid for any period pending determination of the amount of revenue as aforesaid shall be adjusted against the amount of revenue when determined;(c)the amount of revenue when determined and the amount of penalty if any, shall be paid in such instalment or instalments and on such date or dates as the Controller may direct;(d)any arrear of revenue or instalment of revenues or amount of penalty or part thereof shall bear simple interest at the rate of 61/4 per centum per annum from the date on which the revenue or the instalment thereof or the amount of penalty or the part thereof falls due till the date of its payment;(e)subject to the provisions of the Act and these rules, the arrear of revenue or penalty or part of revenue or penalty shall be recoverable as a public demand;(f)all cesses, municipal or other local rates or other impositions which are, or may hereafter be, imposed on the land and the buildings or other erections thereon, if any, whether payable by the owner or the occupier, shall be paid by the thika tenant or the tenant, as the case may be;(g)no remission or reduction of revenue or penalty on any ground whatsoever shall be claimed. The State Government may, however, by notifications remit wholly or in part, for such period as may be specified therein, the revenue or the penalty or the both, payable for the land falling within an area or areas affected by flood or earthquake or any other natural calamity ?(h)the boundaries of the land shall be kept intact and well defined;(i)the land shall be kept free from nuisance, dirt, filth or encroachment;(j)no part of the land shall be converted into, or used as, a place of religious worship or cremation or burial;(k)no part of the land shall be used or permitted to be used for any purpose, other than that for which it was occupied on the date of commencement of the Act, or in any manner which renders it unfit for use for the purpose for which it was occupied on such date;(l)no part of the land shall be used or permitted to be used for any immoral or illegal purposes or in any manner detrimental to public peace or public safety;(m)the Controller or any officer authorised in this behalf by the State Government or the Controller may, after giving 24 hours' notice, enter upon the land or any part thereof to inspect and enquire the condition of the land or the buildings or other erections thereon, if any, or inspect and enquire about any building or erection thereon in the course of its construction or making and for all other reasonable purposes;(n)if there is any breach of, or non-compliance with, any of the terms and conditions as aforesaid or the provisions of the Act or these rules, the thika tenant or the tenant, as the case may be, shall, in addition to any other penalty or disqualification to which he may be subject under the Act or the rules, forfeit his right, of occupation of the land, with effect from the date on which an order in this behalf is made in writing by the Controller after giving him a reasonable opportunity of being heard. Upon such forfeiture, the occupant shall be treated as a trespasser and the Controller or any officer authorised by him may, after giving 3 days' notice, enter the land and the buildings or other erections thereon, if any, and take vacant possession thereof.
