Section 020 in West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001
020.
Statement of Objects and Reasons of The West Bengal thika Tenancy (Acquisition and Regulation) (Amendment) BILL, 2010It is considered necessary and expedient to make, among others, the following changes in the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 (West Bengal Act 32 of 2001) (hereinafter referred to as the said Act), in order to ensure effective implementation of the said Act by way of-(1) amending section 2 of the said Act(a) so that the Bharatia shall mean any person by whom or on whose account, rent is payable for any structure including pucca structure, if any, or part thereof, owned by a Thika tenant, but shall exclude any person paying rent to a Bharatia and any resident of a structure including pucca structure, if any, forfeited by the State Government;(b) so that Thika tenant shall mean 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 or acquired by purchase or gift any structure including pucca structure, if any, on such land for residential, manufacturing or business purpose and includes the successors-in-interest of such persons but exclude any resident of a structure including pucca structure, if any, forfeited to the State Government;(c) so as to provide the definition of "Thika land" to mean any land comprised in and appurtenant to, tenancy of Thika tenant irrespective of the fact whether there is any claiming of such tenancy or not and includes open areas and roads on such land(2) amending section 5 of the said Act(a) so that if any question arises as to whether a person is a Thika tenant or not or whether the land in question is a Thika land or not, 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;(b) so that the Thika tenant holding directly under the State under sub-section (1) of section 5 shall be entitled to construct pucca structure or to change the nature, character, dimension of an existing structure on the land in accordance with buildings plan sanctioned under the respective Municipal Corporation Act:(3) amending section 6 of the said Act(a) so that any transfer or agreement for transfer, whether oral or in writing or any activity in contravention of the provisions of sub-section (4), or sub-section (5), or proviso to sub-section (5), of section 5, shall be declared invalid under an order of Controller and the structure or part of structure, as the case may be, shall stand forfeited to the State Government;(b) so that a Controller may, after satisfying himself that a Bharatia stays at the structure forfeited under sub-section (2) of this section, grant licence to such Bharatia in respect of so much area of such structure as is occupied by such Bharatia and such licence may be granted on such terms and conditions, and in such manner, as may be prescribed;(4) amending section 8 of the said Act(a) so that 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;(b) so that an order passed by the Controller under the provisions of the said 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;(c) so that 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;(d) so that the State Government shall, notwithstanding anything contained in the said Act, 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.(5) amending section 9 of the said Act so that a Controller may be an officer belonging to the Indian Administrative Service or the West Bengal Civil Service (Executive), and an Additional Controller and Deputy Controller may be an officer belonging to the West Bengal Civil Service (Executive) or a Special Revenue Officer, Grade-I.(6) amending section 11 of the said Act so as to provide certain more powers to the Controller under the said Act.2. The Bill has been framed with the above objects in view.3. There is no financial implication involved in the Bill.Kolkata,The 8th July, 2010.Sd/- Abdur Razzak Molla,Member-in-charge.Passed by the West Bengal Legislature, Received the Assent of the President of India and was first published in the Kolkata Gazette, Extraordinary, of the 22nd November, 2002 Vide Notification No. 2118-L, dated the 22nd November, 2002An Act to provide for the acquisition of interests of landlords in respect of lands comprised [in Thika tenancies and certain other tenancies] [Substituted by section 2(1) of the West Bengal Thika Tenancy (Acquisition and Regulation) (Amendment) Act, 2010 (West Bengal Act No. 25 of 2010) (with retrospective effect from 1.3.2003) for in Thika tenancies.] in KolKata, Howrah and Other Municipalities of West Bengal for development and equitable utilization of such lands.Whereas it is expedient to provide for the acquisition of interests of landlords in respect of lands comprised [in Thika tenancies and certain other tenancies] [Substituted by section 2(2), ibid (with retrospective effect from 1.3.2003) for in Thika tenancies.] in Kolkata, Howrah and Other Municipalities of West Bengal for development and equitable utilization of such lands with a view to sub serving the common good;It is hereby enacted in the Fifty-second Year of the Republic of India, by the Legislature of West Bengal, as follows :
