State Act

The Calcutta Thika Tenancy ( Acquisition And Regulation ) Act, 1981

This Act was repealed on 1 March 2003 by the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001, s.27(1); it may still apply to matters that began before then.

11. (1) Notwithstanding anything contained in the West Bengal Premises Tenancy Act, 1956, or in any other law for the time being in force, a Bharatia under a thika tenant shall continue to be a monthly tenant unless lawfully evicted and the tenancy of a Bharatia shall not be extinguished because of subsequent non-existence of the structure or building or part thereof, which the Bharatia previously occupied under the thika tenant. (2) If any building or structure is built or rebuilt on the same site within the period of twelve years next after the date on which the old building or structure ceased to exist, the Bharatia shall be put into possession of the whole or a part of the new building or structure in proportion to the area held by him in the old building or structure and on such terms and conditions in force immediately before the date of cessation of the old building or structure. (3) Any dispute in this regard shall be decided by the Controller on an application made to him in the prescribed manner, after giving the parties opportunity of being heard and the order of the Controller shall be executed in the manner prescribed.