Section 8 in West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001
8. [Incidents for tenancies of Bharatias.] [Marginal Note substituted by section 7(1) 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), which read as under :thika tenants and Bharatias to be governed by West Bengal, Act No. 12 of 1956.]
The monthly and other periodical tenancies of Bharatias in respect of the structures occupied by them on payment of rents to the thika tenants shall, with effect from the date of coming into force of this Act, be governed by the provisions of [the West Bengal Premises Tenancy Act, 1997 (West Bengal Act No. 37 of 1997)] [Substituted by section 7(2) 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 the West Bengal Premises Tenancy Act, 1956 (West Bengal Act No. 12 of 1956).], in matters relating to the payment of rent by the Bharatias and their eviction by the thika tenants, the owners of the structures shall be deemed to be landlords and the Bharatias shall be deemed to be tenants under the said Act.(2)[ If any question arises as to whether a person is a Bharatia under a particular thika tenant, the Controller, either on his own motion or upon receiving any information, may, after giving the persons interested an opportunity of being heard and after examining all such documents and particulars as may be considered necessary, enquire upon and decide such question.] [[Sub-section (2) substituted by section 7(3), ibid (with effect from 1.11.2010), which as earlier as under :(2)Any question as to whether a person is a Bharatia under a particular thika tenant, or where there is no thika tenant, in a particular thika land, shall be decided by the Controller.]](3)Any dispute regarding payment of rent by the thika tenant to the State Government or by a Bharatia to a thika tenant, or any case of eviction of Bharatia, shall be disposed of by the Controller in such manner as may be prescribed.(4)A thika tenant may, in default of payment of rent to the State Government, be evicted or otherwise penalised by the Controller in such manner as may be prescribed.(5)[ An order passed by the Controller under the provisions of this Act shall be executable by the Controller as a decree of a Civil Court and for this purpose, the Controller shall have all the powers of a Civil Court.] [[Sub-section (5) substituted by section 7(4), ibid (with effect from 1.11.2010), which read as under :(5)For the purpose of this section, the Controller shall exercise all such powers and perform such duties as are exercisable by a Rent Controller under the West Bengal Premises Tenancy Act, 1956 (West Bengal Act No. 12 of 1956).]](6)Notwithstanding anything contained in this Act or in [the West Bengal Premises Tenancy Act, 1997] [Substituted by section 7(5), ibid (with effect from 1.11.2010) for the West Bengal Premises Tenancy Act, 1956.], a Bharatia under a thika tenant shall be entitled to take separate electrical connection from the electricity supplying agency and separate water supply connection from the appropriate agency for his own use.(7)A Bharatia shall be liable to pay rent to the thika tenant at such rate as may be prescribed.(8)[ Where there is no thika tenant or the thika tenant is not traceable for any reason whatsoever, a Bharatia shall be liable to deposit rent with the Controller in respect of the area of the structure as is occupied by him at such rate, and in such manner, as may be prescribed.] [[Sub-section (8) substituted by section 7(6) 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), which read as under :(8)Where there is no thika tenant, a Bharatia shall be liable to deposit rent with the Controller of the area at such rate as may be prescribed.]](9)[ Notwithstanding anything contrary contained in the Act, the State Government shall not be deemed to be a landlord as defined in clause (c) of section 2 of the West Bengal Premises Tenancy Act, 1997 (West Bengal Act No. 37 of 1997), but be a licenser and the Bharatia shall be a licensee under the State, where there is no thika tenant.] [Sub-section (9) inserted by section 7(7), ibid (with effect from 1.11.2010).]
