West bengal premises tenancy act, 1956, for fixing the standard rent payable in respect of 1515. West bengal town and country planning and development act, 1979 4. Act, 1956 did apply but the provisions of this act do not apply. Thika tenants did not have any right to transfer the property to any third party in terms of the relevant provisions of the west bengal thika tenancy acquisition and regulation act, 2001 with amended provisions thereof but the respondents suppressing that fact entered into such development. To make the process convenient and to decrease the hardships of these tenants who have permanent structures stuck or are facing property mutation problems, the state government has.
West bengal thika tenancy acquisition and regulation. However, it will also create chaos with realtors rushing to the thika tenants to get power of attorneys that will then allow them to obtain building plans sanctioned by the kmc. Law of thika tenancy click here chapter iii incidents for tenancies of bharatias in structures section 8 to 10. May 11, 2012 the appellantpetitioner has filed this application alleging that disregarding the specific provisions of the kolkata thika tenancy acquisition and regulation act of 1981 and of the subsequent act namely west bengal thika tenancy acquisition and regulation act, 2001 learned courts below illegally held that the present appellantpetitioner. Deconstructing west bengal thika tenancy advocate chenoy ceil. West bengal premises tenancy act, 1997 hooghly district. West bengal act xxxvii of 1981, the kolkata thika ten a ncy acquisition and regulation act, 1981. As per thika tenancy act 1949 define thika tenant any person. Jun 16, 2016 this is a great initiative by the government to cut down on the multiple regulations that complicate the process of thika tenancy in west bengal. The provisions of west bengal act 44 of 1979 to be applicable to thika tenants1 the provisions of the west bengal land holding revenue act, 1979 shall, mutatis mutandis, apply to a thika tenant as if the said act extends to the area described in schedule 1 of the calcutta municipal act, 1951 and as if the said area is a region within the. In the said case the tenant committed default in payment of arrears of rent and the landlord brought a suit for eviction on the ground of default. The appellantpetitioner has filed this application alleging that disregarding the specific provisions of the kolkata thika tenancy acquisition and regulation act of 1981 and of the subsequent act namely west bengal thika tenancy acquisition and regulation act, 2001 learned courts below illegally held that the present appellantpetitioner.
The monthly and other periodical tenancies of bharatias in respect of the structures occupied by them on payment of rents to the thika tenants shall, with effect from the. New changes to thika tenancy in west bengal advocate chenoy. Act xxxii of 2001, as subsequently amended, the governor is pleased hereby to make, with immediate effect, the following amendments in the west bengal thika tenancy acquisition and regulation rules, 2004, as subsequently amended hereinafter referred to as the said rules. An act to provide for the acquisition of interests of landlords in respect of lands comprised in thika tenancies and certain other tenancies in kolkata, howrah and. The west bengal government premises tenancy regulation act. By virtue of section 27 of the said 2001 act, the said 1981 act had been repealed with retrospective effect.
The calcutta thika tenancy acquisition and regulation act, 1981. West bengal premises tenancy act, 1997 for short the. By virtue of section 27 of the said 2001 act, the said. The koikara thika tenancy acquisition and regulation act, 1981. The bengal tenancy act 1885 was an enactment of the bengal government that defined the rights of zamindars and their tenants in response to a widespread peasant revolt. Synopsis of the section 6 of the west bengal premises tenancy act, 1977. This is a great initiative by the government to cut down on the multiple regulations that complicate the process of thika tenancy in west bengal. An act to provide for the regulation of occupancy of government premises in west bengal, meant for the employees of the state government, with a view to preventing unlawful occupation of such premises and ensuring the. An aci to amend he west benoa thika tenancr acquisition and reaulation act, 2001.
The governor of state of west bengal has acquired under the provisions of the west bengal industrial infrastructure development corporation act, 1974 act xxv of 1974 the land acquisition act, 1894 act i of 1894 west bengal land requisition and acquisition act, 1948 west bengal act. West bengal transferred territories assimilation of laws act, 1958. Jul, 20 on or about 2 nd november 2004, the government of west bengal enacted the west bengal thika tenancy acquisition and regulation rules, 2004 for short the 2004 rules vide notification no. The west bengal land reforms and tenancy tribunal has been established with a view to expedite the disposal of disputes arising in respect of assessment of lands, imposition of penalties and allied matter under any specified state act namely i the west bengal estates acquisition act, 1953 west bengal act of 1954 ii the west bengal land. Dec 06, 2014 the government of west bengal in collaboration with the kolkata municipal corporation kmc has come up with a novel initiative of sanctioning building plans of thika tenants who are residing in a thika tenancy. Thika tenancy rules tightened kolkata news times of india. The kolkata thika tenancy acquisition and regulation act, 1981. Khemka supra arose out of the west bengal premises tenancy act, 1956 in short the west bengal act. The decision of the full bench of our high court in lakshmimoni dass case was challenged by the state before the honble supreme court in a special leave petition but the same was ultimately withdrawn as the act of 1981 was repealed subsequently by the west bengal thika tenancy acquisition and regulation act, 2001 with a saving clause for. West bengal thika tenancy acquisition and regulation rules, 2004. In 1949, the state of west bengal enacted the calcutta thika tenancy act, 1949 with. The west bengal land reforms and tenancy tribunal has been established with a view to expedite the disposal of disputes arising in respect of assessment of lands, imposition of penalties and allied matter under any specified state act namely i the west bengal estates acquisition act, 1953west bengal act of 1954 ii the west bengal land. These rules may be called the west bengal thikatenancy acquisition and regulation rules, 2004. In exercise of the power conferred by section 19 of the west bengal thika tenancy acquisition and regulation act, 2001 west bengal act 32 of 2001, the governor is pleased hereby to make the following rules.
While all these petitions filed under article 32 of the constitution of india were pending before the supreme court, the state of west bengal enacted the west bengal thika tenancy acquisition and regulation act, 2001 to provide for the acquisition of interests of landlords in respect of lands comprised in thika tenancies and other lands in. Kmc seeks control over thika norms kolkata news times. West bengal act of 2019 the west bengal thika tenancy acquisition and regulation amendment act, 2019. The government of west bengal in collaboration with the kolkata municipal corporation kmc has come up with a novel initiative of sanctioning building plans of thika tenants who are residing in a thika tenancy. West bengal thika tenancy acquisition and regulation act, 2001 1 west bengal thika tenancy acquisition and regulation rules, 2004. Norwjrhslanding anything lo the contray contained in any olher law, all orders under subsecion 1 of scction 3 of the west bengat land requisition and acquisition acl, 1948 hcrcaher in his section referred to ls. It is a ministry mainly responsible for the formulation of policies, acts, rules and procedures relating to land matters, namely, land records and survey, land revenue, land reforms, land use, management of government lands, requisition and acquisition of land as well as their implementation by way of. The 2004 rules was enacted under provision of section 19 of the 2001 act. The west bengal premises tenancy act, 1997 west bengal act xxxvii of 1997 assent of the president of india was first published in the calcutta gazette, extraordinary, part iii, of the 28th december, 1998 an act to provide for the regulation of certain incidents of tenancy of premises in calcutta, howrah and some other areas in west bengal.
In exercise of the power conferred by section 19 of the west bengal thika. The government on thursday passed the west bengal thika tenancy acquisition and regulation amendment bill, 2010, in the assembly to tighten provisions of. Xxxvii of 19s11 chapter ii, acquisition of lands comprised in thika tenancies and nther kinds and the rights of landlords in such lands. West bengal act xxxvii of 1981 welcome to west bengal. West bengal thika tenancy acquisition and regulation act, 2001. In free india, on demand of the people in west bengal, the west bengal estates acquisition act, 1953 was enacted. Clause b of section 4 of the west bengal thika tenancy acquisition and regulation act, 2001. West bengal tea plantation employees welfare fund act, 2015. At1 aci lo prulide for tle ncqrrisiriatl of hreresrs uf lntllorrl. The tenant in entitled to protection from eviction if he can prove that for creating the subtenancy there was a written consent of the landlord.
Deconstructing west bengal thika tenancy request pdf. The west bengal cabinet thursday gave in principle approval to amend the west bengal thika tenancy acquisition and regulation act, to facilitate people living on thika tenancy land to construct a house and make alterations, urban development. Wb govt gives in principle nod to amend thika tenancy act. To grant kmc the final say in thika tenancy, the state municipal affairs and urban development department needs to change the west bengal thika tenancy acquisition and regulation act, 2001. That the said property or any portion thereof is not affected by or subject to a any mortgage including mortgage by. On or about 2 nd november 2004, the government of west bengal enacted the west bengal thika tenancy acquisition and regulation rules, 2004 for short the 2004 rules vide notification no. Read more about wb govt gives in principle nod to amend thika tenancy act on business standard. Ganguly, learned additional government pleader appearing for the respondent no.
The kolkata thika tenancy acquisition and regulation act. West bengal thika tenancy acquisition and regulation rules. West bengal town and country planning and development act, 1979. Calcutta thika tenancy act 1949 complete act citation. Mar 16, 2014 current thika tenancy legislation further, on or about 22nd november 2002, the government of west bengal enacted the west bengal thika tenancy acquisition and regulation act, 2001. Jun 10, 2016 but when the west bengal premises tenancy amendment act 2006 has provided the eviction of a premises tenant under the act shall be by a suit, then all the persons of cpc relating to the pleadings, the procedure for filling the suit filling of written statements and other relevant procedure become applicable. Government premises regulation of occupancy act, 1984. West bengal act xix of 1976 the west bengal government premises tenancy regulation act, 1976. Whereas it is expedient to amend the west bengal thika tenancy acquisition and regulation act, 2001, for the purposes and in the. The government on thursday passed the west bengal thika tenancy acquisition and regulation amendment bill, 2010, in the assembly to tighten provisions of the thika tenancy act. New changes to thika tenancy in west bengal advocate. None of the intermediaries and the raiyats or underraiyat could hold land in. Permanent address for thika tenants all india trinamool. Choose another year for the list of laws from west bengal.
Provided that nothing in this subsection shall prevent either the land lord or such bharatia so deemed to be a tenant holding under the landlord, from proceeding under the 1414. Acquisition of homestead land for agricultural labourers, artisans and fishermen act, 1975. Sample format for agreement to lease this agreement d between. Passed by the west bengal legislature, received the assent of the president of india and was first published in the kolkata gazette, extraordinary, of the 22nd november, 2002 vide notification no.
Assent of the governor was first published in the kolkata gazetie, extraordinary, of the 3rd septcmber. Tenancy acquisition and regulation act, 2001 west ben. West bengal act xxxvii of 1981 the 2kolkata thika tenancy acquisition and regulation act, 1981, west ben. Calcutta thika tenancy acquisition and regulation act 1981. An act to provide for the regulation of certain incidents of tenancy of premises in calcutta, howrah and some other areas in west bengal.
But when the west bengal premises tenancy amendment act 2006 has provided the eviction of a premises tenant under the act shall be by a suit, then all the persons of cpc relating to the pleadings, the procedure for filling the suit filling of written statements and other relevant procedure become applicable. Protection of tenants against eviction legal news law. Request pdf deconstructing west bengal thika tenancy over the. By the enactment of this act, the rights and interests of the intermediaries got vested to the state w. Tenancy reform in west bengal article pdf available in journal of political economy 1102 february 2002 with 812 reads how we measure reads. An act to provide for the acquisition of interests of landlords in respect of lands comprised in thika tenancies and certain other tenancies in kolkata, howrah and other municipalities of west bengal for development and equitable utilization of such lands. Current thika tenancy legislation further, on or about 22nd november 2002, the government of west bengal enacted the west bengal thika tenancy acquisition and regulation act, 2001. The west bengal government premises tenancy regulation.
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