West Bengal Thika Tenancy (Acquisition and Regulation) Act,
2001
West Bengal Act No. 5 of 2001
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, 2002
An Act to provide for the acquisition of
interests of landlords in respect of lands comprised [in
Thika tenancies and certain other 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] 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 :
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Object & Reasons
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Chapter I
Preliminary
1. Short title, extent and
commencement.—(1) This Act may be called the West Bengal Thika
Tenancy (Acquisition and Regulation) Act, 2001.
(2) It extends to Kolkata as defined in clause (9) of section 2 of the
Kolkata Municipal Corporation Act, 1980 (West Bengal Act LIX of 1980), and to
Howrah as defined in clause (15) of section 2 of the Howrah Municipal
Corporation Act, 1980 (West Bengal Act LVIII of 1980) and such other areas as
the State Government may notify from time to time :
Provided that the provisions of this Act shall not extend to the whole
of, or to any area included within the limits of, Howrah, which, immediately
before the 10th day of January, 1983, being the date of coming into force of the
Howrah Municipal Corporation Act, 1980, was not comprised in the municipality of
Howrah :
Provided further that the provisions of this Act shall not extend to the
whole of, or to any area included within the limits of, Kolkata, which,
immediately before the 4th day of January, 1984, being the date of coming into
force of the Kolkata Municipal Corporation Act, 1980, was comprised in any
municipality.
(3) It shall come into force on such date as the State Government may, by
[notification],
appoint.
2. Definitions.— in this Act, unless there is
anything repugnant n the subject or context, —
(1) "Bharatia" means any person by whom or on whose account,
rent is payable to [for
any structure including pucca structure, if any, or part
thereof,] owned by a Thika tenant, but excludes any person
paying rent to a Bharatia and any [resident
of any structure including pucca structure, if any,] forfeited
by the State Government under sub-section (2) of section 6, irrespective of the
status, the said person may have enjoyed earlier;
(2) "Controller" means an officer appointed [under
section 9] and includes an Additional Controller and a Deputy
Controller;
(3) "holding" means a parcel or parcels of land occupied by a
Thika tenant under one set of conditions along with any tank included in
such land;
(4) "hut" means any building or structure, the roof or the
floor of which, excluding the floor at the plinth level, is not constructed of
masonry or reinforced concrete;
(5) "khatal" means a place where cattle are kept or
maintained for the purpose of trade or business including business in milk
derived from such cattle;
(6) "land appurtenant" includes any easement, right, or any
common benefits or facilities, or access, passage, drains, tanks and pools which
were owned by the landlord and were enjoyed by the Thika tenant and the
Bharatia, if any, before the date of vesting;
(7) "landlord" means any corporation, charitable or religious
institution or person who, for the time being, is entitled to receive or, but
for a special contract, would be entitled to receive the rent for any land
comprised in the tenancy of a Thika tenant or in a khatal, tank or
but owned by him, and includes any corporation, institution or person having
superior interest in such Thika tenancy;
(8) "lease" means a lease of immovable property by which a
transfer of a right to enjoy such property made for a certain time expressed or
implied, or in perpetuity in consideration of a price paid or promised, or of
money, a share of crops, service or any other thing of value, to be rendered
periodically or on specified occasions to the transferor by the transferee who
accepts the transfer on such terms.
The transferor is called the lessor, the transferee is called
the lessee, the price is called the premium, and the money, share, service or
other thing to be so rendered is called the rent;
(9) "local authority" includes a Panchayat as defined
in clause (15b) of section 2 of the West Bengal Panchayat Act, 1973 (West Bengal
Act No. 41 of 1973), or a municipality constituted under the West Bengal
Municipal Act, 1993 (West Bengal Act 22 of 1993);
(10) "notification" means a notification published in the
Official Gazette;
(11) "prescribed" means prescribed by rules made under this
Act;
(12) "public purposes includes a planned development of any
holding or area, or the continuation of a scheme or a project which ensures the
general welfare of the public;
(13) "pucca structure" means any structure constructed
mainly of brick, stone or concrete or any combination of these materials, or any
other material of a durable nature;
(14) "Thika tenant" means 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 of
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 excludes any resident of
a structure forfeited to the State under subsection (2) of section 6 of this Act
irrespective of the status, he may have enjoyed earlier;
3. Act to override other Laws.- The provisions of this Act
shall have effect notwithstanding anything inconsistent therewith in any other
law for the time being n force or in any custom, usage or agreement or in any
decree or order of a court, tribunal or other authority.
Chapter II
Acquisition of lands comprised in Thika tenancies and
the rights of landlords in such lands
4. Lands comprised in
Thika tenancies and other lands, etc. to vest in the State.—With
effect from the 18th day of January,1982, the following lands along with the
interest of landlords therein shall be deemed to have vested in the State, free
from all encumbrances :—
(b) lands held in monthly or other periodical tenancies,
whether under a written lease or otherwise, for being used or occupied as
khatal :
Provided that any land comprised in, and appurtenant to,
tenancies of Thika tenants created after the 18th day of January, 1982,
shall also be deemed to be vested in the State, free from all encumbrances with
effect from the date of creation of tenancies of thika tenants :
Provided further that such vesting shall not be deemed to have affected
in any way the easements, customary rights or other facilities enjoyed by
thika tenants, Bharatias or occupiers of land coming within the
purview of this section :
Provided also that nothing contained in this section shall prevent the
State Government or the local authority from taking up any development work on
the land appurtenant to tenancies of thika tenants for public purpose.
5. Incidents of tenancies in respect of lands vested in
the State.—(1) Subject to the provisions of the Urban Land (Ceiling and
Regulation) Act, 1976 (33 of 1976), and the provisions of this Act, every
thika tenant, occupying any land under a landlord on the date of
commencement of this Act, shall occupy such land, on such terms and conditions
as may be prescribed, directly under the State as if the State had been the
landlord in respect of that land.
(2) Every thika tenant holding directly under the State under
sub-section (1) shall be liable to pay to the State Government in the prescribed
manner such revenue as may be determined.
(4) The interests of the thika
tenants holding directly under the State under sub-section (1) shall be
heritable and shall not be transferable except inter se amongst the heirs
and existing co-shares-interest and spouses or to the prospective heirs, with a
prior permission of the Controller, subject to the provisions of sub-section (1)
of section 6.
(5) The thika tenants holding directly under the State under
sub-section (1) shall be entitled [to
construct pucca structures or to change the nature, character and
dimension of an existing structure on the land] in accordance with
the building plans sanctioned under the Kolkata Municipal Corporation Act, 1980
(West Bengal Act LIX of 1980), and the rules made thereunder, or the Howrah
Municipal Corporation Act, 1980 (West Bengal Act LVIII of 1980), and the rules
made thereunder, according as the land may be situated within Kolkata as defined
in clause (9) of section 2 of the Kolkata Municipal Corporation Act, 1980 (West
Bengal Act LIX of 1980), or Howrah as defined in clause (15) of section 2 of the
Howrah Municipal Corporation Act, 1980 (West Bengal Act LVIII of 1980), for—
(a) residential and business purposes for themselves and the
Bharatias under them; and
(b) essential common facilities like common pathway, common
bath, toilet, water supply, drainage, sewerage, lighting and similar other
purposes :
Provided that the thika tenants holding directly under the
State under sub-section (1), shall obtain a no objection certificate from the
Controller before making any pucca construction or changing the nature,
character and dimension of an existing structure on the land, irrespective of
the area of the land.
(6) The thika tenant holding directly under the State under
sub-section (1), shall be liable to pay rent to the State Government at such
rate and in such manner as may be prescribed.
6. Thika tenant not to let out vacant
land.—(1) The thika tenants holding lands 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,
or any activity in contravention of the provisions of subsection (4) [,or
sub-section (5), or proviso to sub-section (5), of section 5], shall
be declared invalid under an order of the Controller and the structure or part
of structure, as the case may be, shall stand forfeited to the State in
accordance with the procedure as may be prescribed.
(3) Notwithstanding anything contained in this section, where a
pucca structure has been constructed without No Objection Certificate as
required by the proviso to sub-section (5) of section 5, the Controller may,
subject to the provisions of any other law for the time being in force, after
being satisfied that the forfeiture of such structure to the State under
'sub-section (2) will cause hardship to the thika tenant or the
Bharatia, as the case may be, issue a provisional certificate for the
purpose of obtaining construction plan sanctioned by the local authority :
Provided that the Controller shall not issue final certificate unless the
thika tenant has produced a construction plan of such structure
sanctioned by the local authority to the Controller within such time and on
payment of such fee, as may be prescribed :
Provided further that if the thika tenant fails to produce such
sanctioned plan within such prescribed time to the Controller, the Controller
may invoke the procedure of forfeiture under sub-section (2).
(4) 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 immediately after such resumption, the State Government
shall pay to the thika tenant or the Bharatia, if any, an amount
not exceeding ten times of the compensation deter-mined under sub-section (6) of
section 7 of the Act in addition to the compensation determined under
sub-section (6) of section 7.
(5) A Controller after satisfying himself that a Bharatia stays at
the structure forfeited under sub-section (2) above may [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.]
7. Payment of compensation.—(1) The State shall, for
the vesting of any land under section 4, pay to the landlord or landlords having
any right in such land an amount as may be determined in accordance with the
provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976).
(2) Where the landlord is a corporation or an institution established
exclusively for a religious or a charitable purpose of a public nature, or is a
person holding under a public trust or an endowment or other legal obligation
exclusively for a public purpose which is religious or charitable, the State
shall, for vesting under section 4, pay to such landlord a perpetual annuity or,
where the interest of the landlord is terminable or is liable to be exhausted,
an annuity for such number of years may be prescribed, having regard to the
extent of the rights of the landlord. Such annuity shall not exceed the annual
net income derived from the holding as may be determined by the Controller in
the prescribed manner. In determining the net annual income the Controller shall
deduct from the gross income, apart from other sums as may be prescribed,
charges on account of management and collection at the rate of twenty per
centum of the gross income.
(3) For the purposes of sub-section (2), the Controller, on his own
motion or upon any information, may, after giving the person interested an
opportunity of being heard, enquire and decide any question as to whether any
trust, endowment corporation or institution is for exclusively religious or
charitable purpose, or as to whether it is of public or private nature, and any
question of title incidental thereto as may be necessary to determine such
question, by examining the document, if any, and by taking into account—
(a) the actual user of income of the land,
(b) the mode of user, and
(c) the share of income of the land appropriated, or enjoyed,
by or on behalf of such trust, endowment, corporation or institution.
(4) An
appeal from any order passed by the Controller under this section shall lie
under section 12..
(5) No compensation shall be paid to the thika tenant for
forfeiture of a structure or a part of a structure under sub-section (2) of
section 6.
(6) The State shall, on resumption under sub-section (4) of section 6 of
any structure comprised in any tenancy, pay to the tenant having any right in
such structure an amount calculated by the Controller in the prescribed manner.
Such amount shall be calculated at such rate as may be prescribed, apart from
other sums as may be prescribed. Where the structures are occupied by the tenant
himself, fair rent determined by the Controller under this sub-section in the
prescribed manner shall be deemed to be the rent paid by the Bharatias.
(7) Where there are more than one landlord in respect of a thika
tenancy or other tenancy vested under section 4, the amount payable to them
under sub-section (1), or the annuity payable to them under sub-section (2),
shall be apportioned among them in the prescribed manner.
Chapter III
Incidents for tenancies of Bharatias in structures
8. [Incidents
for tenancies of Bharatias.]—The monthly and other
periodical tenancies of Bharatias in respect of the structures occupied
by them on payment of rents to the thika tenants shall, with effect from
the date of coming into force of this Act, be governed by the provisions of
[the
West Bengal Premises Tenancy Act, 1997 (West Bengal Act No. 37 of
1997)], in matters relating to the payment of rent by the
Bharatias and their eviction by the thika tenants, the owners of
the structures shall be deemed to be landlords and the Bharatias shall be
deemed to be tenants under the said Act.
[(2)
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.]
(3) Any dispute regarding payment of rent by the thika tenant to
the State Government or by a Bharatia to a thika tenant, or any
case of eviction of Bharatia, shall be disposed of by the Controller in
such manner as may be prescribed.
(4) A thika tenant may, in default of payment of rent to the State
Government, be evicted or otherwise penalised by the Controller in such manner
as may be prescribed.
[(5)
An order passed by the Controller under the provisions of this 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.]
(6) Notwithstanding anything contained in this Act or in [the
West Bengal Premises Tenancy Act, 1997], a Bharatia under a
thika tenant shall be entitled to take separate electrical connection
from the electricity supplying agency and separate water supply connection from
the appropriate agency for his own use.
(7) A Bharatia shall be liable to pay rent to the thika
tenant at such rate as may be prescribed.
[(8)
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.]
[(9)
Notwithstanding anything contrary contained in the Act, the State Government
shall 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.]
9. Controller.—(1) The State Government may, by
notification, appoint one or more officers as Controller or Controllers and
Additional Controllers and Deputy Controllers to perform all the functions of a
Controller under this Act in respect of any area or areas to be specified in the
notification.
[(2)
A Controller may be an officer belonging to the Indian Administrative Service or
the West Bengal Civil Service (Executive).]
[(3)
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.]
10. Tenancy of Bharatia to continue.— (1)
Notwithstanding anything to the contrary contained in any other law for the time
being in force, the tenancy of a Bharatia as a tenant under a
thika tenant shall not be extinguished because of subsequent non
existence of the structure or a part thereof which the Bharatia
previously occupied under the thika tenant.
(2) If any structure or part thereof which was in the occupation of a
Bharatia as a tenant under a thika tenant ceases to exist except
under any order of a court, the thika tenant shall reconstruct similar
accommodation and restore possession to the Bharatia and put the
Bharatia in possession of such accommodation within one month of such
structure ceasing to exist, failing which the Bharatia may make an
application to the Controller concerned in the prescribed manner.
(3) On an application made by a Bharatia under sub-section (2),
the Controller having jurisdiction in the area shall, after giving the
thika tenant and the Bharatia an opportunity of being heard,
direct the thika tenant by an order in writing to reconstruct an
accommodation in such manner as may be prescribed and restore possession to the
Bharatia within such time as the Controller may specify in the order.
(4) If the thika tenant fails to comply with the order of the
Controller under sub-section (3), the Bharatia shall be entitled to
reconstruct the structure and, for that purpose, may make an application to the
Controller who shall, after giving the Bharatia and the thika
tenant an opportunity of being heard, approve such cost of reconstruction as may
appear to him to be fair and reasonable and, after such reconstruction, allow
adjustment of the cost of such reconstruction from the rent payable by the
Bharatia in such monthly instalments as the Controller may think fit.
(5) If there is any unlawful resistance by or on behalf of the
thika tenant to the reconstruction by the Bharatia under sub
section (4), the Officer-in-Charge of the local police station shall, on receipt
of any requisition of the Controller in writing in this behalf, render all
necessary and lawful assistance to the Bharatia.
Chapter IV
Miscellaneous and supplemental provisions
11. Powers of Controller.-[(1)]
The Controller and any person deciding any appeal from his order shall have all
the powers of a civil court, while trying a suit under the Code of Civil
Procedure, 1908 (5 of 1908), in respect of the following matters :—
(a) summoning and enforcing the attendance of any person and
examining him on oath as a witness,
(b) requiring the discovery and production of any document or
record,
(c) receiving evidence on affidavits,
(d) requisitioning any public record or copy thereof from any
court or office,
(e) issuing commission for the examination of witnesses or
documents,
(f) enforcing or executing orders (including an order for
restoration of possession) as if such orders were decrees of a civil court,
(g) remanding any case or proceedings to the officer from
whose order the appeal is preferred.
[(2)
The Controller may transfer any proceeding pending before him for disposal to
any Additional Controller or Deputy Controller or withdraw any proceeding
pending before any Additional Controller or Deputy Controller and dispose of
such proceeding himself or transfer such proceeding for disposal to any other
Additional Controller or Deputy Controller.
(3) Any clerical or arithmetical mistake in any order passed by the
Controller or any error arising out of any accidental omission may, at any time,
be corrected by the Controller on an application received by him in this behalf
from any of the parties or otherwise.
(4) The Controller may, at any stage of proceeding, either on his own
motion or upon the application of either of the parties and on such terms as may
appear to him to be just, order that the name of any party improperly joined be
struck out and the name of any person who ought to have been joined, whether as
a petitioner or as an opposite party or whose presence before him may be
necessary in order to enable him effectively and completely to adjudicate upon
settle all the questions involved in the proceedings, be added.
(5) The Controller may, for reasons to be recorded in writing, by order,
require the personal appearance of either party.
(6) The Controller may, for causing delivery of possession of any
premises to a thika tenant or Bharatia, send a requisition, in
writing, to the officer-in-charge of the police station within the jurisdiction
of which the premises is situated or to any police officer superior to such
officer-in-charge in rank and on receipt of such requisition, the
officer-in-charge or the police officer, as the case may be, shall render all
necessary and lawful assistance to the Controller for effecting the delivery of
possession of such premises.]
12. Appeal.—(1) Any person aggrieved by an order of
a Controller may, within 30 days from the date of the order, prefer an appeal in
writing before the Land Reforms and Tenancy Tribunal established under the West
Bengal Land Reforms and Tenancy Tribunal Act, 1997 (West Bengal Act No. 25 of
1997).
(2) Subject to provisions of this Act and rules made thereunder, any
order passed by the Land Reforms and Tenancy Tribunal may, in the manner
prescribed, be reviewed by the said Tribunal on account of some mistake or error
apparent on the face of the record or for any other sufficient cause of like
nature.
13. Revision by State Government.—(1) The State
Government may, on its own motion, call for and examine the records or any order
passed or proceedings taken by the Controller under the provisions of this Act
and against which no appeal has been preferred for the purpose of satisfying
itself as to the legality or propriety of such order or as to the regularity of
the procedure, and pass such order with respect thereto as it may think fit :,
Provided that no such order shall be made except after giving the person
affected a reasonable opportunity of being heard in the matter.
(2) The State Government shall empower, from time to time, one or more
officers to act on behalf of the State Government and to exercise all powers
conferred on the State Government in this section.
14. [Power
of West Bengal Land Reforms and Tenancy Tribunal to withdraw and transfer any
proceeding.]—On the application of any of the parties and after
notice to the parties and after hearing such of them as desire to be heard, or
of its own motion without such notice, the Land Reforms and Tenancy Tribunal
may, at any stage, withdraw such proceeding from one Controller and transfer it
for hearing or disposal to a Controller appointed for any other area, or re
transfer it for hearing or disposal to the Controller from whom it was
withdrawn.
(2) The Controller to whom any proceeding has been transferred under
sub-section (1), shall have the same power to hear or dispose of it as the
Controller from whom it was withdrawn and may, subject to any special directions
in the order of transfer, either rehear it or proceed from the stage at which it
was withdrawn and transferred.
Explanation.—In this section "proceeding" means any proceeding
drawn by a Controller under the provisions of this Act.
15. Bar to application of the Act to certain
lands.— Nothing in this Act shall apply to —
(a) lands belonging to the Central and the State
Governments;
(b) any land, vested under any other law in or in the
possession of,—
(i) the Central Government, or
(ii) the State Government, or
(iii) a port authority of a major port, or
(iv) a railway administration, or
(v) a statutory body meant for the development of area like
Kolkata Metropolitan Development Authority, Kolkata Municipal Corporation,
Howrah Municipal Corporation, Kolkata Improvement Trust, and the Howrah
Improvement Trust;
(c) any land which is required for carrying out any of the
provisions of the Kolkata Improvement Act, 1911 (Bengal Act No. 5 of 1911)
:
Provided that nothing contained in this section shall apply to any land
under the control or possession of a bank.
Explanation.- For the purposes of this section, a bank is one as
define in section 2(e) of the Reserve Bank of India ACt, 1934 (2 of 1934).
16. Restriction or exclusion of the Act by
agreement.—Nothing in any contract between a thika tenant and a
Bharatia made after the commencement of this Act shall take away, or
limit, the rights of such tenant or Bharatia as provided for in this Act,
and any contract which is made in contravention of, or which is inconsistent
with, any of the provisions of this Act shall be void and without effect to the
extent of such contravention or inconsistency, as the case may be.
17. Power to enter and inspect premises to require
information and to summon witnesses.—For the purpose of any inquiry under
this Act, the Controller and any person deciding an appeal under [section
12], may—
(a) enter and inspect any premises at any time between sunrise
and sunset; or
(b) authorise any person subordinate to him to enter and
inspect any premises between sunrise and sunset; or
(c) require, by written order, any person to produce for his
inspection such accounts, rent receipts, books or other documents 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.
18. Penalty.—(1) Whoever contravenes any provision
of this Act which may facilitate the commission of an offence, shall be
punishable with imprisonment for a term which may extend to five years and also
with fine which may extend to ten thousand rupees.
(2) Whoever voluntarily causes any resistance or obstruction to the
lawful discharge of duties of the Controller or his representative, shall be
punished with imprisonment for a term which may extend to one year and also fine
which may extend to five thousand rupees.
(3) Offences under this section shall be bailable and cognizable.
(4) No court shall take cognizance of any offence punishable under this
section except on a complaint made in writing by a Controller or by an officer
authorised by him in this behalf.
(5) An offence under this section shall be triable by a Judicial
Magistrate of first class having jurisdiction over the places of occurrence of
such offence.
19. Power to make rules.—(1) The State Government
may make rules for carrying out the purposes of this Act. The rules framed under
the Calcutta thika and other Tenancies and Lands (Acquisition and
Regulation) Act, 1981 (West Bengal Act No. 37 of 1981) may continue as rules
under this Act to the extent they are not repugnant to and transgressive of the
provisions 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 matters which may
be, or is required to be, prescribed or made by rules.
20. Saving of limitation.—In computing the period
of limitation prescribed by any law for the time being in force for an
application for ejectment of a Bharatia or for an appeal from an order or
decree made on such application or suit or for the execution of an order or
decree for ejectment of a Bharatia, the period from the 19th day of July,
1978 to the date of coming into force of this Act shall be excluded.
21. Bar to jurisdiction.—No civil court shall have
jurisdiction to decide, or to deal with, any question, or to determine any
matter, which, by or under this Act, is required to be, or has been, decided or
dealt with, or which is to be, or has been, determined, by the Controller or the
appellate or other authority specified in the provisions of this Act, and no
order or judgment passed, or proceedings including execution proceedings
commenced, under the provisions of this Act shall be called in question in any
civil court.
22. Indemnity.—No suit, prosecution or other legal
proceedings whatsoever shall lie against any person for anything in good faith
done or intended to be done under this Act.
23. Maintenance, preparation and revision of
record-of-rights.—(1) Except as hereinafter provided, Chapter VII and
Chapter VIIA of the West Bengal Land Reforms Act, 1955 (West Bengal Act No. 10
of 1956), and the rules made thereunder shall apply mutatis mutandis to
the maintenance, preparation and revision of record-of-rights for the purposes
of this Act.
(2) Without prejudice to the generality of the provisions of Chapter VII
and Chapter VIIIA of the West Bengal Land Reforms Act, 1955, the names of
Bharatias and thika tenants, the right of every Bharatia in
respect of the concerned tenant, the duration and incident of tenancies with
area involved in each case, rent payable by each thika tenant and each
Bharatia, and the area occupied by each Bharatia shall be
incorporated in such record-of-rights.
(3) The State Government may, if it thinks fit, direct that such
record-of-rights shall be revised or prepared only in respect of lands to which
section 5 of this Act applies.
(4) Notwithstanding anything contained in sub-section (5) of section 51
of the West Bengal Land Reforms Act, 1955, there shall be a separate
khatian for each thika tenant or tenant of other lands holding
directly under the State, but the lands owned by such thika tenant or
tenant of other lands as a raiyat shall not be incorporated in such
khatian,
24. Payment of monthly revenue.—(1) In respect of
any holding, a thika tenant or tenant of other lands holding directly
under the State, shall pay monthly revenue to the State Government at such rate
as may be prescribed.
(2) The said monthly revenue shall be enhanced at such rate as may be
prescribed.
25. Disposal of land or structures vested in, or
resumed by, the State.—Notwithstanding anything contained elsewhere in this
Act or in any other law for the time being in force, and subject to the
provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976), it
shall be competent for the State Government to make use of, or settle with any
person or authority, any land or structure vested in, or resumed by, the State
under this Act for public purpose on such terms and conditions, and in such
manner, as may be prescribed.
26. [
* * * ]
27. Repeal and savings.—(1) With effect from the
date of commencement of this Act, the Kolkata thika and other Tenancies
and Lands (Acquisition and Regulation) Act, 1981 (West Bengal Act No. 37 of
1981), shall stand repealed.
(2) Notwithstanding the repeal of the said Act, such repeal shall not—
(a) affect the previous operation of the said Act or anything
duly done or suffered thereunder; or
(b) affect any right, privilege, obligation or liability
acquired, accrued or incurred under the said Act; or
(c) affect any penalty, forfeiture or punishment incurred in
respect of any offence committed against the said Act; or
(d) affect any investigation, legal proceeding or remedy, in
respect of any such right, privilege, obligation, liability, penalty, forfeiture
or punishment as aforesaid;
and any such investigation, legal proceeding or
remedy may be instituted, continued or enforced, and any such penalty,
forfeiture or punishment may be imposed, as if this Act had not been passed.
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