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This Act was repealed on 1 March 2003 by the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001, s.27(1); it may still apply to matters that began before then.

6. (1) Subject to the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 and the provisions of the Act, every thika tenant and any tenant, in respect of other lands which vest under section 5, occupying any land under a land-lord on the date of commencement of this Act, shall occupy such lands on such terms and conditions as may be prescribed, directly under the State as if the State had been the landlord in respect of that land. (2) Subject to the provisions of section 26 of this Act, every thika tenant and other tenants occupying land directly under the State under sub-section (1) shall be liable to pay to the State an amount of revenue determined in accordance with the provisions of the West Bengal Land Holding Revenue Act, 1979 and for this purpose such tenant shall be deemed to be a raiyat under that Act: Provided that the revenue payable by the tenant shall not be less than what he was paying to the landlord before the coming into force of this Act. (3) The rights of a thika tenant and other tenants occupying lands directly under the State under sub-section (1) shall, subject to the provisions of this Act, be heritable and shall not be transferable. No such tenant shall, without obtaining prior approval in writing from such authority as may be prescribed and without submitting a comprehensive development plan or improvement scheme for the holding, construct pucca structure. Any such scheme shall provide for alternative accommodation for Bharatias in accordance with sub-section (2) of section 11: Provided that a thika tenant or a tenant in respect of other lands which vest under section 5 may construct a pucca structure for essential common facilities like common pathway, common bath, toilet, water supply, drainage, sewerage, lighting and similar other purposes.