Section 11 in West Bengal Thika Tenancy (Acquisition and Regulation) Rules, 2004
11. Payment of amount and determination of fair rent under subsection (6) of section 7.
(1) The amount payable under sub-section (6) of section 7, for resumption under sub-section (4) of section 6 of any structure comprised in any thika tenancy, shall be determined and calculated in the following manner :(a)the Controller of the area concerned shall, with the assistance of any technical officer under him, if any, first determine the market value of the structure. If there is no such officer under him, the Land Acquisition Collector having jurisdiction over such area shall, upon a requisition in writing from the Controller in this behalf, lend the services of a technical officer under him to the Controller for determination of the market value of the structure. While determining the market value, all relevant documents and circumstances shall be taken into consideration after giving due opportunity to all concerned;(b)thereafter, the amount shall be calculated at a rate not exceeding ten times the annual rent paid by the Bharatias to the tenant and shall be reduced by rent, taxes and revenue or other dues payable to the Central Government or the State Government apart from rent, taxes and other charges on account of management and collection at a rate of twenty per cent of the gross annual rent;(c)the amount for the purpose of sub-section (6) of section 7 shall be the market value determined under clause (a) or the amount calculated under clause (b), whichever is less.(2)Where any structure is occupied by the tenant himself, the fair rent determined by the Controller under sub-section (6) of section 7 shall be deemed to be the annual rent paid by Bharatias. The fair rent shall, however, be determined having regard to the situation, locality and condition of the premises and the amenities provided therein and where there are similar or nearly similar premises in the locality, having regard also to the rent payable in respect of such premises and after giving the tenant a reasonable opportunity of being heard, and shall be such as will appear to the Controller to be reasonable.
