Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 29] [Entire Act]

State of West Bengal - Section

Section 2 in Calcutta Thika Tenancy Act 1949

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 State Government for an area to which this Act extends and includes any officer appointed by the 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 person as a thika tenant under one lease or one set of conditions whether such tenant has held the land before or after the commencement of this Act;
(4)"prescribed" means prescribed by rules made under this Act;
(4a)[ "pucca structure" means any structure constructed mainly of brick, stone or concrete or any combination of these materials;] [Clause (4a) inserted by West Bengal Act No. 29 of 1969.]
(5)[ "thika tenant" means any person who holds, whether under a written lease or otherwise, land under another person, and is or but for a special contract would be liable to pay rent, at a monthly or any other periodical rate, for that land to that another person and has erected or acquired by purchase or gift any structure on such land for a residential, manufacturing or business purpose and includes the successors in interest of such person, but does not include a person— [Clause (5) substituted by West Bengal Act No. 6 of 1953.]
(a)who holds such land under that another person in perpetuity; or
(b)who holds such land under that another person under a registered lease, in which the duration of the lease is expressly stated to be for a period of not less than twelve years; or
(c)who holds such land under that another person and uses or occupies such land as a khattal]
(6)all words and expressions used but not defined in this Act and used in the Transfer of Property Act, 1882, (IV of 1882) or the Bengal Tenancy Act, 1885 (VIII of 1885), have the same meanings as in those Acts.