The Calcutta Thika Tenancy Stay Of Proceedings ( Temporary Provisions ) Act, 1968

English — official source version

1968-3.pdf.txt

President's Act No. 3 of 1%8 

THE CALCUTTA THIKA TENANCY STAY OF 
PROCEEDINGS (TEMPORARY PROVISIONS) 
ACT, 1968 

[26th March, 19681 

Enacted by the President in the Nineteenth Year of the 
Republic of India. 

An Act to pro-vide.  far the temporary stay of proceedings far 
webnent of thika tenants. 

In exercise of the powers conferred by section 3 of the 
6 of 1968. West Bengal, State Legislature (Delegation of Powers) Act, 

1968, the President is pleased to enact as follows:— 

West 
Bengal 

° Act I/ of 
1949. 

8. Notwithstanding anything contained in the Calcutta 
Thika Tenancy Act, 1949' or" in any other law for the time 
being in force,— 

(a) all applications for ejectment of thika. tenants, 

(ii) all appeals from orders made on such applications, 
and 

(c) all proceedings in execution of orders for ejectment 
of thika tenants, 

under the provisions of the said Calcutta Thika Tenancy Act 
which are pending at the date of commencement of this Act 
or which may be made, preferred or commenced after such 
date but before the expiry of this Act, shall be stayed for 
the period during which this Act continues in force. 

West 
Bengal 
Act II of 
1949. 

Wee* 
Bengal 
Act II of 
1949. 

t .(1) This Act may be called the Calcutta Mika Short title, 

Tenancy Stay of Proceedings (Temporary Provisions) Ad, extent, 

1968. 	
commence- 
ment and 

(2) It extends to the areas to which the Calcutta Thika duration, 

Tenancy Act, 1949 extends. 	 z 

(3) It shall be deemed to have come into force on the 26th 
day of August, 1967 and shall remain in force up to and 
inclusive of the 25th day of September, 1968. 

2. In this Act, the expression "thika tenant" has the Definition. 
,arne meaning as in the Calcutta Thtka Tenancy Act, 1949. 

Stay of 
procee_ 
dings for 
ejectmer.t 
tf Mika 
tenants. 



2 The Calcutta Thika Tenancy Stay of Proceedings (Temporary 
Provisions) Act, 1968. 

ai,tt 
saving. 

[President's Act 

4. In -  computing the period Of limitation prescribed by 
any law for the time being in force for an application for 
the ejectment of a thika tenant or for an appeal from an 
order made on such application or for the execution of an 
order for ejectment of a thika tenant, the period during 
which this Act continues in force shall be excluded. 

5. (1) The Calcutta Thika Tenancy Stay of Proceedings 
(Temporary Provisions) Second Ordinance, 1968 is hereby 
repealed. 

(2) Notwithstanding such repeal, any order made or 
deemed to have been made, thing done or deemed to have 
been done or action taken or deemed to have been taken 
under the said Ordinance shall continue to be in force and 
shall be deemed to have been made, done or taken, as the 
case may be, under this Act. 

hest 
Bengal 
Ordinance 
I of 1958. 



The Calcutta Thika Tenancy Stay of Proceediugs (Temporary 3 
Provisions) Act, 1968. 

3 of 1988. 

Reasons for the enactment 

cider the Calcutta Thika Tenancy Act, 1949 (West 
Bengal Act II of 1949), a. thika tenant is liable to 
ejectment from his holding on one or more of the grounds 
mentioned in that Act. Of late the problem of ejectment 
of thika tenants has assumed considerable magnitude 
particularly in the context of soaring land prices. The 
Government of West Bengal, therefore, proposed to under-
take a comprehensive legislation for amending the Act 
with a view to preventing unfair eviction of thika tenants. 
Pending such a comprehensive amendment of the Act which 
would take some time, it was considered expedient by that 
Government to suspend temporarily all proceedings for 
ejectment of thika tenants. 

2. As the West Bengal Legislature was not in session 
and in view of the urgency of the matter, the Calcutta Thika 
Tenancy Stay of Proceedings (Temporary Provisions) 
Ordinance, 1967 (West Bengal Ordinance No. V of 1967) 
was accordingly promulgated by the Governor of West 
Bengal on the 26th August, 1967. A session of the West 
Bengal Legislature was held on the 29th November, 1967, 
but it was suddenly prorogued. As the Ordinance was due 
to expire on the 9th January, 1968 and as proposals for 
amendment of the Calcutta Thika Tenancy Act were.  yet to 
be finalised, the Calcutta Thika Tenancy Stay of Proceedings 
(Temporary Provisions) Second Ordinance, 1968 (West 
Bengal Ordinance No. I of 1968) was promulgated by the 
Governor of West Bengal to continue the .pro•visions of the 
first Ordinance. 

3. The proposed measure seeks to replace the Calcutta 
7 hika Tenancy- Stay of Proceedings (Temporary Provisions) 
Second Ordinance, 1.R68 (West Bengal Ordinance No. I of 
1968). 

4. As it is not practicable to refer the present legisla-
tion to the Consultative Committee of Parliament on West 
Bengal Legislation, it has been decided, in view. of . the 
uigency of the matter, to enact the present legislation 
without such reference. 

WBGP-4138/9-258A-01 


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