Section 8 in The Calcutta Thika Tenancy (Acquisition And Regulation) Act, 1981
8. Payment of compensation. -
(1)The State shall for the vesting of any land under section 5, pay to the landlord or landlords having any right in such land an amount as may be determined in accordance with the provisions of the Urban Land (Ceiling and Regulation) Act, 1976.(2)Where the landlord is a corporation or an institution established exclusively for a religious or a charitable purpose, of a public nature, or is a person holding under a public trust or an endowment or other legal obligation exclusively for a public purpose which is religious or charitable, the State shall, for vesting under section 5, pay to such landlord [a perpetual annuity or, where the interest of the landlord is terminable or is liable to be exhausted, an annuity for such number of years] [Words substituted for the words 'an annuity for such number of years' by W.B. Act 21 of 1993 (w.e.f. 18.1.1982).] as may be prescribed, having regard to the extent of the rights of the landlord. Such annuity shall not exceed the annual net income derived from the holding as may by determined by the Controller in the prescribed manner. In determining net annual income the Controller shall deduct from the gross income apart from other sums as may be prescribed, charges on account of management and collection at the rate of twenty per centum of the gross income.(3)For the purpose of sub-section (2), the Controller, on his own motion or upon any information, may, after giving the person interested an opportunity of being heard, enquire and decide any question as to whether any trust, endowment, corporation or institution is for exclusively religious or charitable purpose or as to whether it is of public or private nature, and any question of title incidental thereto as may be necessary to determine such question, by examining the document, if any, and by taking into account the following, among others:-(i)actual user of income of the land,(ii)mode of user,(iii)share of income of the land appropriated or enjoyed, by or on behalf of such trust, endowment, corporation or institution.(4)An appeal from any order passed by the Controller under this section shall lie under section 13.(5)The State shall, for vesting under sub-section (2), or resumption under sub-section (3), of section 7 of any structure comprised in any tenancy, pay to the tenant having any right in such structure an amount calculated by the Controller in the prescribed manner. Such amount shall be calculated at a rate not exceeding ten times the annual rent paid by Bharatias to the tenant reduced by, apart from other sums as may be prescribed, rent, taxes and other charges on account of management and collection at a rate of twenty per centum of the gross annual rent. Where the structures are occupied by the tenant himself, fair rent determined by the Controller under this sub-section in the prescribed manner shall be deemed to be the annual rent paid by Bharatias.(6)Where there are more than one landlord in respect of a thika tenancy or other tenancy vested under section 5, the amount payable to them under subsection (1) or the annuity payable to them under sub-section (2) shall be apportioned among them in the prescribed manner.
