Amendment status not verified — confirm the current text below against the official source.
West Ben. Ord. XI of 1948. 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:— CHAPTER I. PR.ELIMINARY. 1, (1) This Act may be called the Calcutta Thika Short title,, Tenancy Act, 1949. extent and commence- (2) It extends to Calcutta as defined in clause (11) of went. section 3 of the, Calcutta. Municipal Act, 1923 and such suburbs of Calcutta as may have been or may here- after be notified under section 1 of the Calcutta Suburban Police Act, 1866 •and are not- , included within .Calcutta as so defined and also to .the municipality of Howrah. . • (3) It shall come into force on :the ,day ;on which the Calcutta Thika Tenancy ,Ordinance, 1948, ceases to operate. , 2: 'In this Act, unlesS there is anything repugnant in Defini- , the subject or context,— Lions. "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; : •• "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; "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; (1) (2) (3) 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 (6) all words and expressions used but not defined in this Act and used in the Transfer of Property Act, 1882, or the Bengal Tenancy Act, 1885, have the same meanings as in those Acts. IV of