The West Bengal Thika Tenancy ( Acquisition And Regulation ) Act, 2001
west-bengal · 2001
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001
- S. 2Section 2 defines key terms used in the West Bengal Thika Tenancy Act, 2001, such as "Bharatia," "Controller," "holding," and "land appurtenant."
- S. 3The section ensures the Act overrides any conflicting laws, customs, agreements, or court orders, and vests specified lands in the State.
- S. 4Section 4 vests specified lands in the State, effective from January 18, 1982, while preserving tenants' rights and allowing public development works.
- S. 6Section 6 regulates letting out and construction of structures by thika tenants, invalidating unauthorized transfers and allowing conditional forgiveness of forfeiture.
- S. 7Section 7 outlines the compensation and annuity payments the State must make for vesting land under section 4, especially for religious or charitable institutions.
- S. 9(1) The State Government may, by notification, appoint one or Controller
- S. 10Section 10 ensures Bharatia tenants' tenancy remains intact even if their structure is destroyed, requiring the thika tenant to rebuild and restore possession.
- S. 11Section 11 grants the Controller and appeal decision-makers powers akin to a civil court for various legal processes.
- S. 12Section 12 allows aggrieved parties to appeal Controller orders to the Land Reforms and Tenancy Tribunal within 30 days.
- S. 13The State Government can review Controller's decisions without appeal and delegate review powers to officers.
- S. 14The section allows the Land Reforms and Tenancy Tribunal to transfer tenancy proceedings between different controllers for fair hearing.
- S. 15Section 15 exempts certain government-owned and statutory body lands from the application of the West Bengal Thika Tenancy Act, 2001.
- S. 16Section 16 ensures that contracts cannot override the rights provided by the West Bengal Thika Tenancy Act, rendering inconsistent contracts void.
- S. 17Section 17 allows the Controller and appeal deciders to inspect premises and demand documents for inquiries, with notice for entry.
- S. 18Section 18 penalizes violations of the Act and resistance to Controller duties with imprisonment and fines.
- S. 19(1) The State Government may make rules for carrying out the purposes of this Act
- S. 20Section excludes period from July 19, 1978, to Act's enactment for limitation in ejectment applications.
- S. 21Section 21 prohibits civil courts from deciding matters governed by this Act, which are instead handled by specified authorities.
- S. 22Section 22 provides immunity from legal proceedings for actions taken in good faith under the Act.
- S. 23Section 23 integrates the West Bengal Land Reforms Act's record-of-rights provisions for the Act, detailing tenant rights and land ownership.
- S. 24Section 24 mandates thika tenants and other state-held land tenants to pay monthly revenue to the State Government at prescribed rates, with potential future increases.
- S. 25Section 25 allows the State Government to use or settle state-owned land for public purposes under prescribed terms.
- S. 26Section 26 clarifies that the State Government acts as a licensor, not a landlord, in the absence of a thikana tenant.
- S. 27Section 27 repeals the Kolkata Thika and other Tenancies and Lands (Acquisition and Regulation) Act, 1981, while preserving existing rights, obligations, and legal proceedings.
- S. 80Section 80 regulates revenue payments, heritability, and construction rights for thika tenants directly holding land from the State Government in West Bengal.
- S. 973est Ben
- S. 1956West Ben
- S. 1980290 The West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001
- S. 1997298 The West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001