Section 2 in West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001
2. Definitions.
in this Act, unless there is anything repugnant n the subject or context, (1)"Bharatia" means any person by whom or on whose account, rent is payable to [for any structure including pucca structure, if any, or part thereof,] [Substituted by section 3(1)(a) of the West Bengal Thika Tenancy (Acquisition and Regulation) (Amendment) Act, 2010 (West Bengal Act No. 25 of 20101 (with effect from 1.11.2010) for for any structure or part thereof,.] owned by a Thika tenant, but excludes any person paying rent to a Bharatia and any [resident of any structure including pucca structure, if any,] [Substituted by section 3(1 )(b), ibid (with effect from 1.11.2010) for resident of a structure.] forfeited by the State Government under sub-section (2) of section 6, irrespective of the status, the said person may have enjoyed earlier;(2)"Controller" means an officer appointed [under section 9] [Substituted by section 3(2), ibid (with retrospective effect from 1.3.2003) for under section 10.] and includes an Additional Controller and a Deputy Controller;(3)"holding" means a parcel or parcels of land occupied by a Thika tenant under one set of conditions along with any tank included in such land;(4)"hut" means any building or structure, the roof or the floor of which, excluding the floor at the plinth level, is not constructed of masonry or reinforced concrete;(5)"khatal" means a place where cattle are kept or maintained for the purpose of trade or business including business in milk derived from such cattle;(6)"land appurtenant" includes any easement, right, or any common benefits or facilities, or access, passage, drains, tanks and pools which were owned by the landlord and were enjoyed by the Thika tenant and the Bharatia, if any, before the date of vesting;(7)"landlord" means any corporation, charitable or religious institution or person who, for the time being, is entitled to receive or, but for a special contract, would be entitled to receive the rent for any land comprised in the tenancy of a Thika tenant or in a khatal, tank or but owned by him, and includes any corporation, institution or person having superior interest in such Thika tenancy;(8)"lease" means a lease of immovable property by which a transfer of a right to enjoy such property made for a certain time expressed or implied, or in perpetuity in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee who accepts the transfer on such terms.The transferor is called the lessor, the transferee is called the lessee, the price is called the premium, and the money, share, service or other thing to be so rendered is called the rent;(9)"local authority" includes a Panchayat as defined in clause (15b) of section 2 of the West Bengal Panchayat Act, 1973 (West Bengal Act No. 41 of 1973), or a municipality constituted under the West Bengal Municipal Act, 1993 (West Bengal Act 22 of 1993);(10)"notification" means a notification published in the Official Gazette;(11)"prescribed" means prescribed by rules made under this Act;(12)"public purposes includes a planned development of any holding or area, or the continuation of a scheme or a project which ensures the general welfare of the public;(13)"pucca structure" means any structure constructed mainly of brick, stone or concrete or any combination of these materials, or any other material of a durable nature;(14)"Thika tenant" means any person who occupies, 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 of acquired [by purchase or gift any structure including pucca structure, if any, on such land] [Substituted by section 3(3) 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 by purchase or gift any structure on such land.] for residential, manufacturing or business purpose, and includes the successors-in-interest of such persons but excludes any resident of a structure forfeited to the State under subsection (2) of section 6 of this Act irrespective of the status, he may have enjoyed earlier;(15)[ "Thika land" means any land comprised in and appurtenant to, tenancies of Thika tenant irrespective of the fact whether there is any claim of such tenancy or not and includes open areas and roads on such land.] [Clause (15) inserted by section 3(4) 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.)]
