Amendment status not verified — confirm the current text below against the official source.
(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 33 of 1976. be determined in accordance with the provisions of the Urban Land (Ceiling and Regulation) Act, 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 as 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 Payment of compensa- tion. 295 The West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001. [West Ben. Act (Chapter 111.—Incidents for tenancies of Bharatias in structures.—Section 8.) 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 Thika 8. (1) This monthly and other periodical tenancies of the Bharatias tenants and in respect of the structures occupied by them on payment of rents to the Bharatias to be governed thika tenants shall, with effect from the date of coming into force of this by West Act, be governed by the provisions of the West Bengal Premises Tenancy Ben. Act XII of 1956. Act, 1956, 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) Any question as to whether a person is a Bharatia under a particular thika tenant, or where there is no thika tenant, in a particular thika land, shall be decided by the Controller. (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) For the purpose of this section, the Controller shall exercise all such powers and perform such duties as are exercisable by a Rent Controller under the West Bengal Premises Tenancy Act, 1956. (6) Notwithstanding anything contained in this Act or in the West Bengal Premises Tenancy Act, 1956, 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. 296 The West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001. XXXII of 2001.] (Chapter 111.—Incidents for tenancies of Bharatias in structures.—Sections 9, 10.) (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, a Bharatia shall be liable to deposit rent with the Controller of the area at such rate as may be prescribed.