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State of West Bengal - Section

Section 7 in The Calcutta Thika Tenancy (Acquisition And Regulation) Act, 1981

7. Thika tenant not to let out land. -

[(1) The thika tenants and tenants of other lands holding directly under the State shall be entitled to, let out in whole or in part structures existing on, or constructed after, the date of commencement of this Act on such lands but not any vacant land or any part thereof.
(2)Any transfer or agreement for transfer, whether oral or in writing, in contravention of the provisions of sub-section (3) of section 6 or sub-section (1) of this section shall be void and be of no effect whatsoever and the land and structure shall stand vested in the State in accordance with the prescribed procedure.] [[Sub-Sections. (1) and (2) substituted by W.B. Act 21 of 1993 (w.e.f. 18.1.1982). The previous sub-sections (1) and (2) were as under :-'(1) Any person occupying and directly under the State within the meaning of sub-section (1) of section 6 shall not have any right, title or interest in the land comprised in the holding and shall not let out the whole or any part of the land for any period :Provided that nothing in this sub-section shall prevent any such person from letting out the whole or any part of the structure standing on the land as long as his thika tenancy subsists.
(2)Any person occupying land directly under the State within the meaning of sub-section (1) of section 6 shall not contravene any provision of this Act. Any transaction, contract or agreement (oral or written) in contravention of the provisions of this Act shall be void and upon such contravention the thika tenancy shall stand determined and the structure standing thereon shall vest in the State free from all incumbrances from such date as may be specified by the Controller in his order made on his own motion or on an application : Provided that no such order shall be made by the Controller, unless upon hearing the parties affected he comes to a finding that any provision of the Act has been violated.']]
(3)Whenever it appears to the State Government that the land comprised in any thika tenancy is needed or is likely to be needed for any public purpose, it may, after giving the thika tenant and the bharatias, if any, an opportunity of being heard, resume the land comprised in such thika tenancy with or without structures, if any, and take possession of the land:Provided that before taking possession of the land the thika tenants in actual occupation of the structure or part thereof and bharatias shall be provided with alternative accommodation in the neighbourhood of such land as far as practicable.Explanation.-For the purpose of this sub-section "public purpose" shall include planned development of any area or holding and implementation of any scheme for improvement thereof.