Bare ActsThe west bengal non agricultural tenancy act, 1949

Section 9

Amendment status not verified — confirm the current text below against the official source.

(1) Nolwilhstanding anything contained in any olher law for the Ijme bcing in force or in any contracl, if any non-agriculrural land has been held for a term of more rhan one year but less than twelve ycnrs- (a) under a lease in wri ling for a tcrm of more than one ycar but less ~han twelve years lo which the provisions of clause (5) of srclion 7 do no[ nppl y, or (b) without a lease in writing, or (c) under a Iease in wri~ing but no term is specified in such leac, lhcn the tcnant holding such non-agricultural [and shaH be liable to cjeclmcnl on one or more or the following grounds and not orhenvise, namely:- {i) on thc ground that hc has used such land in a manner which rendcrs it unfit Tor use for the purpDscs of ~ h c tcnmcy ; (ii) on thc ground that the term of the lease has expired in h e case of tcnancics of the class specified in clause (a); (iii) on the ground ha! the icnancy has been tcrmina~cd by the landlord by six months' notice in writing expiring with thc end of a ycar OF thc tenancy servcd on thc tenam in thc prescribed manner in rhc case of tenancies of [he class specified in clause (b): Provided t h a ~ [enant shall not be liable to cjeclmcnt on the ground specified in clause (iii) except oh payment of such reasonable compensa~inn as may be agreed upon bcrween the landlord and the tenanl or if lhcy do nor agree, as may be dcicrmined by h e Court on thc application of h e landlord or such tenant. Incidents of non- agricul1ud . . . . ~ c m c i c s held for lw , - . . lhan twtlvc ycus. - - - - - - - 'See ~OOI-no!e I on pnge 126. ~ r e . Tile \Vest HetrgnI No))-Agricrrlrrrr.lII Tetrancy Act, 1949. [West Dcn. Act (Clznpler- 111.-Tet~u~zis.-Stc~iun 9A.) (2) Thc inlrresr o l thc renant in any non-agriculturnl land ro which F rhc provisions of sub-scc~ion (1) apply shall,- (i) in the case whcrc such rcnanl dies inresrarc in respec1 of such in~eresl, bc ~ri~nbrnilted by inheritance in ~ h c same tnanncr as his other immovable propcrty: Pravided [ha[ in any case in which under rhc law of inllcri~nncc ID whicll such tcnanl is subjcc~ his other propcny goes to thc l[Govzrnmen~], his in~ercsl in such land shall bc cxlinguishcd; and (ii) suhjecr lo 111c provisions of this ACL, be capablc OF bcing ~ransrcrrcd and bequca~hcd in he samc manner nud to rhc same exlcn! ns his other immovable properly. Rvmicliun '9A. (1) Nolwithsranding anything coniaincd clsewl~ere in [his 011 rmsicr. ACI or in any law for r11c limc being in force or in any contracl, express or inlplicd or in any cuslom or usage. 10 thc contrary, no person with whom any land is or has bccn set~ted by or crn behalf of the Sraie Go\.crnnlrnr for thc purpose of coflsrructing a drvclling housc rhcrcon wirhout any prcn~ium or selotsi k i n g charged for such sc~tlcmznt, shall be en~irlcd lo lransfzr such Innd except by way of a simplc rnnngage or iI rnorlgage by dcposit of ~irle-dccd in favour or a bank, or a to-operative sociely or a local or sisllurory au~hority or 111c Life lnsurrrncc Corporation of India: Provided that any person who sccks lo exchnnge his lnnd with some o~hcr lilnd on the ground that [he orhcr land serves his purpose bclrcr For constnrcrjng n dwelling llousc thereon, may apply to the Collecior, i~ such nlnnncr as may be prcscrihed, for pcrinission to do so and thc Collccror may, upon such enquiry as he considers necessary, cither grant or rcrusc rn granr thc permission sought for by him. (2) If the Collucrur. on his own motion or on applicalion made ro him in rhal behalf, arlcr giving rhc punjes concerned an oppnrlunily of bcing hcard and a h r making such cnquiry as may be considcrcd nccessxy is satisfied tlml a rrnnsler of any lnnd has becn made in conrravcnrion of tliz provisions of sub-sccdon ( I ), hc may, by ordcr in wiling, annul the ~ransfer or buth the serllcmenl and thc ~ransfcr, as may bc dccmed ncccssary. fil~lu~~r~tion.-For rhc purposes of this section. 'hank' lncans a banking company as defined in clause (c) 01 section 5 of the Banking lo or 1419. Regulalion ACL, 1949 and includcs he Srare Bank of India crlnstiruted 'Scclion 4 A leas inscr~cd by s. 7 or rhc IVCSL ncngal Nan-Agricullural Tenancy (Arnsndniunr) hcf. I976 (i\ksl Bcn. ACI LllI uf 1976). ' 13 of 1955. under the Smre Bank of India Act, 1955, a subsidiary bank as dcIincd in . 3s or 1~597: I ~ Z Slate Bank of India (Subsidiary Banks) .4cr, 1959, il corresponding 5 of 1870. nclv bank as dcfined in clnusc (d) oisccrion 2 aT lhe Banking Cornpanics (Acquisition w d Transfer of Underlakings) Acl, 1970, a Regiorlal Rural 21 of 1976, Bank es~ablislied undcr thc Regional Rural Banks Acr, 1976, a banking ins~itu~ion norificd by thc Central Govern~nent undcr scctinn 51 vf [he Banking Regulation Acl. 1949 arid also includcs any other financial insti~ulio~~ wllich may bc notified in this behalf by 111c SI~IIC Govcmmen~. , . ,

Section 9 – The west bengal non agricultural tenancy act, 1949 | DailyLaw.ai