NYAYA SIGNAL
West Bengal · 1949 · Bare Act
The Calcutta Thika Tenancy Act, 1949
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Judicial and Legislative (Legislative) Department
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Superintendent, Government Printing
West Bengal Government Press, Alipore, West Bengal
1949
West Bengal Act II of 1949
THE CALCUTTA THIKA TENANCY ACT, 1949.
CONTENTS.
CHAPTER 1.
PRELIMINARY.
Section.
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II.
INCIDENTS OF Thika TENANCIES.
3. Grounds on which a thika tenant may be ejected.
4. Notice before ejectment.
5. Proceedings for ejectment.
6. Stay of ejectment for arrears of rent if the amount of arrears and damages
are deposited with the Controller.
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7. Restoration of possession where landlord does not use the land for the purpose
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for which the thika tenant was ejected.
8. Surrender.
9.
10.
Abandonment.
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Consequences of the determination of interests of thika tenants in certain
cases.
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11. Devolution or transfer of holding of a thika tenant.
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CHAPTER III.
PROVISIONS AS TO RENT OF Thika TENANCIES.
12. Payment of rent.
13. Time and place for payment of rent.
14. Appropriation of payments.
15. Thika tenant entitled to receipt for rent.
16. Penalty for withholding receipts.
17. Dep,Isit of rent on refusal of the landlord to accept.
18. Deposit of rent in certain other cases.
19. Receipt granted by the Controller for rent deposited to be a valid acquittance.
20. Disposal of rent deposited under section 17.
21. Disposal of rent deposited under section 18.
22. Saving.
23. Interest on arrears.
24. Restrictions on enhancement of rent.
25. Enhancement of rent.
26. Reduction of rent by the Controller.
CHAPTER IV.
APPEALS AND CERTAIN SPECIAL PROCEDURES.
27. Appeal, review and execution.
28. Power of Court to rescind or vary decrees and orders in certain cases.
29. Application of Act to pending suits and proceedings.
30. Bar to application of Act to certain lands.
31. Restriction or exclusion of Act by agreement.
32. Power to enter and inspect premises, to require information and to summon
witnesses.
33. Repeal and saving.
34. Rules.
West Bengal Act II of 1949
THE CALCUTTA TH1Ki1 TENANCY ACT, 1949.
[Passed by the West Bengal Legislature.]
[Assent of the Governor-General was first published in the Calcutta
Gazette, Extraordinary, of the 28th February, 1949.]
An Act to make better provision relating to the law of land-
lord and tenant in respect of thika tenancies in Calcutta.
WHEREAS it is expedient to make better provision
relating to the law of landlord and tenant in respect of
thika tenancies in Calcutta;
hereby enacted as follows:—
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CHAPTER I.
PR.ELIMINARY. od
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1, (1) This Act may be called the Calcutta Thika Short title,,
extent and
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Tenancy Act, 1949.
commence-
(2) It extends to Calcutta as defined in clause (11) of went.
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Ben. Act section 3 of the, Calcutta. Municipal Act, 1923 and such
III of suburbs of Calcutta as may have been or may here-
1923. after be notified under section 1 of the Calcutta Suburban
Ben. Act Police Act, 1866 •and are not- , included within .Calcutta as
II of
1866. so defined and also to .the municipality of Howrah.
. •
(3) It shall come into force on :the ,day ;on which the
West Ben. Calcutta Thika Tenancy ,Ordinance, 1948, ceases to
Ord. XI operate.
of 1948.
,
2: 'In this Act, unlesS there is anything repugnant
, in Defini-
the subject or context,— Lions.
(1) "Bharatia.7 means 'any .person. •by.;:whorn, ••) or on
whose at-count, rent is .Payable for. :any structure
.or part of •a :structure erected. by...a: thika tenant
in his holding; : ••
(2)"Controller!" means an officer .appointed as such -by
. the Provincial •GOVernment: .for an, area to which
this' Act eitends and includes any officer
appointed by the: Provincial Government to per-
form all or any „of- the duties ..impOsed, or to
exercise all or any of the powers. conferred by-
this Act, on the Controller;
(3) "holding" means a parcel Or. parcels of land held
by any person as a thika tenant under one lease-
or one set of conditions whether such tenant has
held the land before or after the commencement
of this Act ;
(4) "prescribed" means prescribed by rules made under
this Act;
2 The Calcutta Thika Tenancy Act, 1949.
[West Ben. Act
(Chapter I—Preliminary.—Chapter 11—incidents of thika
tenancies.—Section 3.)
(5) "thika tenant" means any person who under the
system commonly known as "thika", "thika
masik utbandi", "thika masik", "thika baste"
or under any other like system holds, whether
under a written lease or otherwise, or has been
recorded in any record-of-rights as holding,
under the title "dakhal basatkar" or other like
appellation, land under another person and is,
or but for a special contract would be, liable to
pay rent, at a monthly or at any other periodical
rate, for that land to such other person and has
erected any structure on such land for a residen-
tial, manufacturing or business purpose and
includes the successors in interest of such
person; and
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(6) all words and expressions used but not defined in
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this Act and used in the Transfer of Property IV of
Act, 1882, or the Bengal Tenancy Act, 1885, 1882.
VIII of
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have the same meanings as in those Acts. 1885.
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CHAPTER II.
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INCIDENTS OF Thika TENANCIES.
Grounds 3. NOtwithstanding anything contained in any other
on which law for the time being in force or in any contract, a thika
a thika tenant shall, subject to the provisions of this Act, be liable
tenant to ejectment from his holding on one or more of the
may • be
ejected. following grounds and not otherwise, namely :—
(i) on the ground that he has failed to pay an arrear
of rent due to the landlord in respect of the
holding ;
(ii) on the ground that he has used the land comprised
in his holding in a manner which renders it
unfit for any of the purposes mentioned in clause
(5) of section 2 or that he has broken a condition
consistent with this Act on breach of which he
is, under the terms of a contract between him-
self and his landlord, liable to be ejected;
(iii) on the ground that he ,has refused to agree to pay
rent at such enhanced rate as may be determined
under section 25 ;
(iv) except during any period limited by a registered
lease under which a thika tenant may hold the
land comprised in the holding, on the ground
that the land is required by the landlord for his
own occupation or for the purpose of building
on the land or otherwise developing the land by
discontinuing the system of letting to thika
tenants;
The Calcutta Thika Tenancy Act, 1949. 3
I I of 1949.]
(Chapter 11—Incidents of thika tenancies.—Sections 4, 5.),
(v) on the ground that he has failed himself to use or
occupy a major part of the holding for his own.
residential, manufacturing or business purpose_
for more than six consecutive months;
(vi,) when he holds the land comprised in the holding
under a registered lease, on the ground that the
term of the lease has expired.
Notice
4. It shall not be competent for a landlord to eject any before
thika tenant from his holding unless the landlord has given ejectment.-
the thika tenant notice in the manner provided in section
IV of 106 of the Transfer of Property Act, 1882-
1882. (a) in the case where he wishes to eject the thika
tenant on any of the grounds specified in clauses
(i), and (v) of section 3 at least one
month's notice in writing expiring with the end
of a month of the tenancy; and
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(b) in the case where he wishes to eject the thika
tenant on the ground specified in clause (iv) of
section 3 at least three months' notice in writing
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expiring with the end of a month of the
tenancy :
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Provided that—
(i) no thaw tenant shall be ejected from his holding
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on the ground specified in clause (i) of section
3 during the period mentioned in sub-section
(1) of section 9, and
(ii) save as otherwise provided in any contract in
writing, no thaw. tenant shall be ejected from
his holding on any of the grounds specified in
clauses (iv) and (v) of section 3, except
on payment to the thika tenant or on
depositing with the Controller for payment to
the thika tenant such compensation as may be
agreed upon between the landlord and the
thika tenant or, in the case where they do not
agree, as may be determined in the prescribed
manner by the Controller on application by -the
landlord or the thika tenant.
5. (1) Notwithstanding anything contained in any Proceed-
other law for the time being in force but subject to the ings for
provisions of section 28, a landlord wishing to eject a thika ejectment.
tenant on one or more of the grounds specified in section 3
shall apply in the prescribed manner to the Controller for
an order in that behalf and, on receipt of such application,
the Controller shall, after giving the thika tenant a notice
to show cause within thirty days from the date of service
of the notice why the application shall not be allowed and
after making an inquiry in the prescribed manner either
allow the application or reject it after recording the reasons
for making such order, and, if he allows the application,
shall make an order directing the thik,a tenant to vacate the
holding and, subject to the provisions of section 10, to put
the landlord in possession thereof.
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4' The Calcutta Thika Tenancy Act, 194.9.
[West Ben. Act
(Chapter 11—Incidents of thi-ka tenancies.—Sections 6-9.)
(2) No order allowing an application under sub-section (1)
shall be made in a case where compensation is payable under
clause (ii) of the proviso to section 4 unless and until the
amount of compensation so payable has been either paid
to the thika tenant or deposited with the Controller.
Stay of 6. Every order made under section 5 allowing an appli-
ejectment cation for ejectment of a thika tenant on the ground that he
for arrears has failed to pay an arrear of rent due to the landlord in
of rent if
the amount respect of his holding and directing the thika tenant to
of arrears vacate the holding and put the landlord in possession
and dama- thereof shall specify the amount of the arrear and of the
ges are interest, if any, due thereon, and no such order shall be
deposited
with the executed- if that amount, the costs of the proceedings arising
'Controller. out of such application and such damages as the Controller
may allow, are deposited with the Controller within thirty
days from. the date of the order.
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7. If an order under section 5 directing a thika tenant
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Restora-
tion of to vacate any land comprised in a holding on any of the
possession grounds specified in clause (iv) of section 3 is made and the
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where
landlord
does not
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landlord who recovers possession of the land as a result of
such order does not within six months from the date on
which he recovers such possession occupy the land himself
use the
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land or commence the building on, or the development of, the
for the land or re-lets it within six months of the said date to any
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purpose
for which thika tenant other than the previous thika tenant without
the thika the permission of the -Controller obtained in the prescribed
tenant was manner, the Controller may on application in writing being
ejected. made to him in this behalf by the thika tenant from whom
the landlord has so recovered possession of the land within
nine months from the said date, make an order directing
the landlord to restore the thika tenant to possession of the
land from such date and subject to such condition as may be
specified in the order, or to pay him such compensation as
may be fixed by the Controller :
Provided that the Controller may, on the application of
the landlord, extend the period within which the building
on, or the development of, the land is to be commenced by two
months at a time and six months in all.
Surrender. 8. (1) A thika tenant not bound by any lease or other
agreement for a fixed period may, at the end of a month of
the • tenancy, surrender his holding, provided that he gives
to his landlord at least one month before he surrenders,
notice of his intention to do so.
(2) When a thika tenant .has surrendered his holding
the landlord may, subject to the provisions of section 10,
enter on the holding and either let it to another tenant or
occupy it himself or dispose of it in any way he may think
fit.
Ahem:Ion- 9. (1) When a thika tenant vohintarily abandons his
merit. holding without notice to the landlord and without arrang-
ing for the payment of his rent as it falls due, the landlord
The Calcutta Thika Tenancy Act, 1949. 5
I I of 1949.]
(Chapter II—Incidents of thika tenancies.—Section 10.)
may, at any time after the expiration of a period of two
months from the date of such voluntary abandonment, file
the notice referred to in sub-section (2) and subject to the
provisions of sub-section (3) and of section 10 enter on the
holding and let out the same to another tenant or occupy it
himself.
(2) A landlord who intends to enter on a holding under
this section shall file a notice in the prescribed form with WIN
the Controller stating that he has treated the holding as
abandoned and intends to enter on it accordingly; and the
Controller shall within fifteen days from the date on which
the notice is so filed cause such notice to be published in the
prescribed manner.
(3) After the publication of the notice under sub-
section (2), the thika tenant may apply to the Controller at
any time not later than the expiration of one month from the
date of the publication of such notice for the cancellation of
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such notice and thereupon the Controller may, on being
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satisfied after such inquiry as he considers necessary that
the thika tenant is entitled to continue in possession, cancel
the notice and direct that the thika tenant shall continue
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in possession of the holding subject to payment of the arrears
of rent due on the date pn which the notice is so cancelled.
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If the thika tenant does not make any application under this
sub-section or his application under this sub-section is
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rejected, the landlord may enter on the holding subject to
the provisions of section 10.
10. (1) Notwithstanding anything to the contrary Conse-
contained in any contract, on the determination of the quences of
interest of a thika tenant in the land comprised in a holding the deter-
as a result of ejectment from the holding of, or of surrender or mination
of in-
abandonment of the holding by, the thika tenant, or terests of
otherwise, any structure erected by the thika tenant on such thika
land and existing on the date of such determination shall tenants
vest in the landlord. in certain
eases.
(2) When any structure erected in any holding by a
thika tenant vests in the landlord under sub-section (1) other-
wise than as a result of ejectment of the thika tenant from
the holding on any of the grounds specified in clause (iv) of
section 3, any Bharatia in possession of such structure shall
be entitled to continue in such possession and shall be deemed
West Ben. to be a tenant within the meaning of the West Bengal
Act Premises Rent Control (Temporary Provisions) Act, 1948,
XXX VIII holding under the landlord on the terms and conditions on
of 1948. which such Bharatia had been holding immediately before
such structures vested in the landlord :
Provided that nothing in this sub-section shall prevent
either the landlord or such Bharatia so deemed to be a
tenant holding under the landlord, from proceeding under
the West Bengal Premises Rent Control (Temporary Pro-
visions) Act, 1948, for fixing the standard rent payable in
respect of such structure.
6 The Calcutta Thika Tenancy Act, 1949.
(West Ben. Act
(Chapter II—Incidents of thika tenancies.—Chapter
Provisions as to rent of thika tenancies.—Sections 11-15.)
Devolu- 11. The holding of a thika tenant shall descend on his
tion or death in the same manner as his other immovable property
transfer of
holding of and the person succeeding shall hold the land comprised in
a thika the holding under the terms and conditions on which it was
tenant. held by the thika tenant. He shall also give to the landlord
notice within one month of the succession in the prescribed
manner :
Provided that in any case in which under the law of
inheritance to which the thika tenant is subject his other
property goes to the Crown, his interest in the holding shall
be extinguished.
CHAPTER III.
PROVISIONS AS TO RENT OF Thika TENANCIES.
Payment 12. Any rent or instalment of rent payable by a thika
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of rent. tenant shall be paid, where there is a contract in writing in
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this behalf between the landlord and the thika tenant, with-
in the time fixed in the contract or, in the absence of any
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such contract, by the fifteenth day of the month next follow-
ing the month or period for which the rent is payable.
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Time and 13. (1) Every thika tenant shall pay or tender rent or
place for each instalment of rent before sunset of the latest day by
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payment which it is payable under the provisions of sections 12:
of rent.
Provided that a thika tenant may pay or tender the rent
payable for a month or period at any time during such month
or period 'before it falls due. ,
(2) The payment or tender of rent may be made—
(i) at the landlord's local office or at such other con-
venient place as may be appointed in that behalf
by the landlord; or
(ii) by postal money order in the manner prescribed.
A tender may also be made by depositing the rent with
the Controller in accordance with the provisions of section
17 or section 18.
(3) Any rent or instalment of rent which is not duly paid
within the time referred to in section 12 or is not duly
deposited with the Controller within the time referred to
in section 17 or section 18 shall be deemed to be an arrear.
Appro- 14. (1) When a thika tenant makes a payment on account
priation of rent, he may declare the month or period in respect
of pay-
ments. of which he wishes the payment to be credited, and the pay-
ment shall be credited accordingly.
(2) If he does not make any such declaration, the pay-
ment may be credited to the account of such month or period
as the landlord thinks fit.
Thika 15. (1) Every thika tenant who makes a payment on
tenant en- account of rent to his landlord shall be entitled to obtain
titled to
receipt for forthwith from the landlord or his authorised agent a written
rent. receipt for the amount paid by him, signed by the landlord.
The Calcutta Thika Tenancy Act, 949. 7
II of 1949.]
(Chapter Ill—Provisions as to rent of thika tenancies.—
Sections 16-18.)
(2) ,A counterfoil of the receipt shall be prepared and
retained by the landlord or his authorised agent.
(3) The receipt and counterfoil shall be in such form and
shall contain such particulars as may be prescribed.
(4) If a receipt does not contain substantially the parti-
culars required by this section, it shall be presumed, until
the contrary is shown, to be an acquittance in full of all
demands for rent up to the date on which the receipt was
given.
16. If a landlord without reasonable cause refuses or Penalty for
neglects to deliver to a thika tenant a receipt containing the withhold-
particulars required by section 15 for any rent paid by the ing receipts.
tenant, the Controller may, on application made in this
behalf by the tenant within three months from the date of
payment, by order direct the landlord to pay the tenant
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such penalty not exceeding double the amount of that rent
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as the Controller thinks fit.
17. (1) Where a landlord refuses to accept any rent the Deposit of
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thika tenant may, by an application in writing containing rent on
such particulars as may be prescribed,— refusal of
the land-
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(a) deposit such rent with the Controller, within the lord to
accept.
period specified in sub-section (2), and
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(b) unless the landlord signifies by notice in writing to
the thika tenant his willingness to accept any
subsequent rent which becomes due from such
tenant, also deposit such rent with the Controller
within the period within which it is payable
under the provisions of section 12 together with
the cost of transmission by postal money order
of such money to the landlord.
Explanation.—A landlord shall not for the purposes of
this sub-section be deemed to have refused to
accept any rent unless the rent is remitted by the
thika tenant by postal money order within the
time specified and in the manner referred to in
section 13 and the rent so remitted is returned to
the thika tenant by the postal authorities as
undelivered either on account of the landlord
having refused to accept payment thereof or for
any other cause.
(2) The deposit referred to in clause (a) of sub-section (1)
shall be made within a fortnight of the date on which the
rent remitted by postal money order is returned to the thika
tenant by the postal authorities as undelivered.
18. (1) In either of the following cases, namely : — Deposit of
rent
(a) when any rent is payable jointly to two or more co- certain in
sharer landlords and the thika tenant is unable other cases.
to obtain a joint receipt from them for the rent
and no person has been empowered to receive the
rent on their behalf,
11111,
8 The Calcutta Thika Tenancy Act, 1949.
[West Ben. Act
(Chapter III—Provisions as to rent of thika tenancies.—
Sections 19, 20.)
(b) when a dispute has arisen as to the person who is
entitled to receive the rent, the thika tenant may
by an application in writing containing such
particulars as may be prescribed deposit such
rent with the Controller and may continue to
deposit with the Controller any subsequent rent
which becomes due from such tenant until the,
thika tenant is able to obtain a joint receipt from
the co-sharer landlords or a person has been
empowered to receive the rent on their behalf,
or until such dispute has been settled by the
decision of a competent Court or by settlement
between the parties, as the case may be.
(2) The deposit of rent referred to in sub-section (1) shall
L be made within the period within which it is payable under
section 13.
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Receipt 19. If it appears to the Controller to whom application
granted by for deposit is made under section 17 or section 18 that the
the Con- applicant is entitled to deposit the rent wider any of those
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troller for sections, he shall receive the rent deposited and give a
rent depo- receipt for it under the seal of the Court and such receipt
sited to be
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a valid shall operate as an acquittance for the amount of the rent
acquit. payable by the thika tenant and deposited as aforesaid, in
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tance. the same manner and to the same extent as if the amount of
the rent had been received—
in cases referred to in clauses (a) and (b) of sub-section (1)
of section 17, by the person specified in the applica-
tion as the person to whose credit the deposit was
to be entered;
in cases referred to in clause (a) of sub-section (1) of
section 18, by the co-sharers to whom the rent is
due; and
in cases referred to in clause (b) of sub-section (1) of
section 18, by the person entitled to the rent.
Disposal of 20. (1) On any deposit being made under section 17 the
rent depo- Controller shall forthwith forward the same by postal money
sited under order to the address of the landlord.
sect ion I 7 .
(2) Where any money has been deposited under clause
(a) of sub-section (1) of section 17, the cost of transmission
thereof to the landlord by postal money order shall be
recoverable from the landlord and, in forwarding the money
so deposited to the landlord by postal money order, the
Controller shall deduct therefrom the cost of such
transmission.
(3) If the money sent by the Controller under sub-
section (1) by postal money order to any landlord is returned
undelivered, the Controller shall cause a notice of the receipt
of the deposit to be served on the landlord and the amount
lying in deposit may, subject to such rules as may be made
under this Act, be withdrawn by the landlord on applica-
tion made by him to the Controller in that behalf and if
The Calcutta Thika Tenancy Act, 194.9. 9
I I of 1949.]
(Chapter 111—Provisions as to rent of thika
Sections 21, 22.)
such amount is not so withdrawn before the expiration of
three years from the date of service of such notice, it may,
in the absence of any order of a Civil Court to the contrary,
be repaid to the depositor on his application and on his
returning the receipt given by the Controller with whom.
the rent was deposited.
21. (1) When the Controller receives a deposit under Disposal of
section 18, he shall forthwith cause to be affixed in a rent depo-
conspicuous place at his office a notification of the receipt sited under
thereof containing a statement of all material particulars, section 18.
and, if the amount of the deposit is not paid away under
sub-section (2) within the period of fifteen days next follow-
ing the date on which the notification is so affixed, the
Controller shall forthwith in cases referred to in clause (a)
of sub-section (1) of section 18 cause a notice of the receipt
of the deposit to be posted free of charge at the landlord's
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local office, if any, and at some conspicuous place in the
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locality in which the holding is situated, and, in cases
referred to in clause (b) of sub-section (1) of the said section,
cause a like notice to be served free of charge on every
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person who, he has reason to believe, claims or is entitled to
the deposit.
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(2) The Controller may pay the amount of any deposit
notified under sub-section (1) to any person who proves to
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his satisfaction to be entitled to the same or is entitled to
the amount as a result of a settlement referred to in sub-
section (1) of section 18 or he may, if he thinks fit, retain
the amount pending the decision of a Civil Court as to the
person so entitled.
(3) If no payment is made under sub-section (2) before
the expiration of three years from the date of notice issued
under sub-section (1) or three months after the decision of
the Civil Court, whichever is later, the amount deposited
may in the absence of any order of a Civil Court to the con-
trary be repaid to the depositor upon his application and on
his returning the receipt given by the Controller when the
rent was deposited.
22. (1) When a landlord accepts rent in respect of any Saving.
holding sent by postal money order by a thika tenant under
clause (ii) of sub-section (2) of section 13 or by the Controller
under section 21 or withdraws any rent deposited under
section 17 or section 18, the fact of this acceptance or with-
drawal shall not be used in any way as evidence that he has
admitted as correct any of the particulars set forth in the
pOstal money order form or in the application for deposit of
such rent.
(2) No suit, prosecution or other legal proceeding shall
be instituted against the Crown or against any officer of the
Crown in respect of anything done by the Controller receiv-
ing a deposit under section 17 or section 18; but nothing in
this Act shall prevent any person entitled to receive any
amount so deposited from recovering the same from any
person to whom it has been paid under section 20 or section
21.
10 The Calcutta Thika Tenancy Act, 1949.
[West Ben. Act
(Chapter III—Provisions as to rent of thika tenancies.---
Chapter IV—Appeals and certain special procedures.—
Sections 23-27.)
Interest on 23. Any arrear of rent shall bear simple interest at the
arrears.
rate of six and a quarter per centum per annum from the
expiry of the time within which the rent or the instalment
of rent is payable under the provisions of section 12 or is
to be deposited under section 17 or section 18, as the case
may be, to the date of payment or of the institution of the
suit, whichever date is earlier.
Restric- 24. The rent of a thika tenant shall not be enhanced
tions on except as provided in this Act.
enhance-
ment of
rent.
Enhance- 25. (1) The rent payable by a thika tenant for his
ment of holding may be enhanced by the Controller on application
rent. made to the Controller by the landlord in the prescribed
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manner on either or both of the following grounds,
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namely :—
(a) that the value of the holding has increased;
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(b) that the landlord has effected some improvement to
the land at his own cost which has increased the
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value of the holding :
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Provided that no rent shall be enhanced under this sub-
section so as to exceed the rent previously payable by the
thika tenant by more than twelve and a half per centum.
(2) The rent fixed under sub-section (1) shall not be
further enhanced during three years next following the date
on which it has been last so enhanced.
Reduction 26. Any rent payable by a thika tenant which has been
of rent settled within a period of three years immediately before the
by the commencement of this Act, may be reduced by the Controller
Controller.
on application made in that behalf by the thilat tenant if the
Controller considers that the rate of rent so settled is unfair
and inequitable having regard to the prevailing rate of rent
payable by thika tenants of lands of a similar description
and with similar advantages in the locality.
CHAPTER IV.
APPEALS AND CERTAIN SPECIAL PROCEDURES.
Appeal, 27. (1) Any person aggrieved by an order of the
review and Controller may, within thirty days from the date- of the
execution.
order, present an appeal in writing—
(a) in respect of any holding in the Presidency town of
Calcutta, to the Chief Judge of the Court of
Small Causes of Calcutta; and
(b) in respect of any holding elsewhere, to the District
Judge of the district in which the holding con-
cerning which such order is made is situated.
The Calcutta Thika Tenancy Act, 1949. 11
II of 1849.]
(Chapter 1V—Appeals and certain special procedures.—
Section 28.)
(2) The Provincial Government may, by notification,
appoint any person who has exercised the powers of a
District Judge to hear appeals presented under clause (a) of
sub-section (1) to the Chief Judge of the Court of Small
Causes of Calcutta and may, by notification, also appoint
any person who is a judicial officer not below the rank of a
subordinate judge to hear appeals presented under clause
(b) of the said sub-section to a District Judge.
(3) The Chief Judge of the Court of Small Causes of
Calcutta to whom an appeal is presented under clause (a)
of sub-section (1) or •a District Judge to whom an appeal is
presented under clause (b) of that sub-section may transfer
such appeal to any person appointed to hear any such appeal
under sub-section (2) and may withdraw any appeal so
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transferred and either hear and dispose of it himself or
transfer it to any other person appointed to hear such appeals
under sub-section (2).
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(4) The Chief Judge or the District Judge or any person
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appointed under sub-section (2) to whom an appeal is
transferred under sub-section (3), as the case may be, shall
then send for the record of the case from the Controller and
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after perusing the record and, if necessary, taking such
In
evidence himself or personally making such further inquiries
as he thinks fit, shall make an order deciding the appeal after
giving the parties an opportunity of being heard.
(5) Subject to such rules as may be made under this Act,
any order passed under this Act by the Controller, the Chief
Judge of the Court of Small Causes of Calcutta, or a District
Judge or a person appointed under sub-section (2) may be
reviewed by the person who passed the order on the ground
of the discovery of any new and important matter or evidence
or on account of some mistake or error apparent on the face
of the record or for any other sufficient cause:
Provided that before any order is passed under this
sub-section which is likely to affect any person adversely
such person shall be given a reasonable opportunity of being
heard.
(6) An order under sub-section (4) made by the Chief
Judge or the District Judge or a person appointed under
sub-section (2), as the case may be, or, subject to such
order, an order made by the Controller under this Act, shall,
subject to the provisions of sub-section (5), be final and may
be executed by the Controller in the manner provided in the
Aot V of Code of Civil Procedure, 1908, for the execution of decrees.
1908.
28. Where any decree or order for the recovery of Power of
possession of any holding from a thika tenant has been made Court to
before the date of commencement of this Act but the possession rescind or
of such holding has not been recovered from the thika tenant vary
by the execution of such decree or order, the Court by which decrees
and orders
the decree or order was made may, if it is of opinion that the in certain
decree or order is not in conformity with any provision of cases.
this Act other than sub-section (1)
of section 5 or section 27,
rescind or vary the decree or order in such manner as the
12 The Calcutta Thika Tenancy Act, 1949.
[West Ben. Act
(Chapter 1V—Appeals and certain special procedures.—
Sections 29-32.)
Court may think fit for the purpose of giving effect to such
provision and a decree or order so varied by any Court shall
be transferred by such Court to the Controller for execution
under this Act as if it were an order made under and in
accordance with the provisions of this Act.
Applica- 29. The provisions of this Act shall apply to all suits
tion of Act and proceedings, including proceedings in execution, for
to pending ejectment of a thika tenant which are pending at the date
suits and of commencement of this Act, and if any such suit or
proceed-
ings. proceeding relates to any matter in respect of which the
Controller is competent after the date of such commencement
to pass orders under this Act, such suit or proceeding shall
be transferred to the Controller who shall on such transfer
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deal with it in accordance with the provisions of this Act as
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if this Act had been in operation on the date of institution
of the suit or proceeding:
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Provided that in applying the provisions of this Act to
any suit or proceeding instituted for the ejectment of a thika
tenant so transferred, the provisions regarding notice in
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section 4 of this Act shall not apply.
In
Bar to 30. Nothing in this Act shall apply to—
applica-
t ion of Act (a) .Crown lands,
w certain -
lands.
(b) any land vested in or in the possession of—
(i) the Provincial Government,
(ii) a port authority of a major port, or
(iii) a railway administration, or
(iv) a. local authority, or
(c) any land which is required for carrying out any of
the provisions of the Calcutta Improvement Act, Ben. Act
V of 1911.
1911.
31. Nothing in any contract between a landlord and a
Restric-
tion or ex- thika tenant made after the commencement of this Act shall
clusion of take away or limit the rights of such tenant as provided for
Act by by this Act, and any contract which is made in contraven-
agreement. tion of or which is inconsistent with any of the provisions
of this Act shall be void anti without effect to the extent of
such contravention or inconsistency.
Power to 32. (1) For the purposes of any inquiry under this Act,
enter and the Controller and any person deciding an appeal under
inspect section 27, may,—
premises,
to require (a) enter and inspect any premises at any time between
informa- sunrise and sunset;
tion and to
summon (b) authorise any person subordinate to him to enter
witnesses. and inspect any premises between sunrise and
sunset; or
The Calcutta Thika Tenancy Act, 1949. 13
II of 1949.]
(Chapter IV—Appeals and certain special procedures.—
Sections 33, 34.)
(c) by written order require any person to produce for
his inspection such accounts, rent receipts, books
or other documents relevant to the inquiry at
such time and at such place as may be specified
in the order:
Provided that no premises shall be entered under
clause (a) or clause (b) without the consent of the occupier,
unless at least twenty-four hours' previous notice in writing
has been given.
(2) The Controller and any person deciding an appeal
under section 27 shall, subject to any rules made under this
Act and in so far as such powers are necessary for carrying
out the provisions of this Act, have power to summon and
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enforce the attendance of witnesses, including the parties
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interested, and to compel the production of documents by
the same means and, so far as may be, in the same manner
as is provided in the case of a Court by the Code of Civil
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Act V of Procedure, 1908.
1908.
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West Ben. 33. On the expiry of • the Calcutta. Thika Tenancy Repeal and
Ord. XI Ordinance, 1948, the provisions of section 8 of the Bengal saving.
In
of 1948. General Clauses Act, 1899, shall apply as if it were an
Ben. Act enactment then repealed by a West Bengal Act.
I of 1899.
34. (1) The Provincial Government may, subject to Rules.
the condition of previous publication, make rules for carry-
ing out the purposes of this Act.
(2) In particular and without prejudice to the generality
of the foregoing .power, such rules may provide for all or
any of the following matters, namely :—
(a) the manner of determination of compensation
referred to in the proviso to section 4;
(b) the manner in which a landlord may apply to the
Controller and the_ manner in which the Controller
may make inquiries under section 5;
(c) the manner of obtaining permission of the Controller
referred to in section 7;
(d) the form of notice and the manner of publication of
such notice under sub-section (2) of section 9;
(e) the manner of payment or tender of rent by postal
money order referred to in clause (ii) of sub-
section (2) of section 13;
(f) the form of receipt and of the counterfoil referred
to in sub-section (3) of section 15, and the
particulars to be specified in such receipt and
counterfoil ;
(g) the particulars to be contained in applications for
depositing rent under sub-section (1) of section 17
and sub-section (1) of section 18;
14 The Calcutta Thika Tenancy Act, 1949.
[West Ben. Act Il of 1949.1
(Chapter IV—Appeals and certain special procedures.—
Section 34.)
(h) the method of withdrawal of the deposit of rent by
the landlord under sub-section (3) of section 20;
(i) the manner of making application for enhancement
of rent under sub-section (1) of section 25;
(j) the procedure to be followed in inquiries under this
Act, by the Controller, the Chief Judge of the
Court of Small Causes of Calcutta, the District
Judge and any person appointed under sub-
section (2) of section 27;
(k) the procedure for review of orders referred to in
sub-section (5) of section 27;
(1) the procedure for summoning and enforcing the
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attendance of witnesses and compelling the pro-
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duction of documents referred to in sub-section
(2) of section 32;
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(m) the manner of service of notices issued under this Act
where the mode of such service is not provided in
this Act; and
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(n) the charging or remitting of costs and fees and the
In
claim:, of a scale of costs and fees.
WBGP-49150-5473A-'2M