The Calcutta Thika Tenancy Act, 1949

Judicial and Legislative (Legislative) Department Superintendent, Government Printing West Bengal Government Press, Alipore, West Bengal 1949 West Bengal Act II of 1949 THE CALCUTTA THIKA TENANCY ACT, 1949. CONTENTS. CHAPTER 1. PRELIMINARY. Section. 1. Short title, extent and commencement. 2. Definitions. CHAPTER II. INCIDENTS OF Thika TENANCIES. 3. Grounds on which a thika tenant may be ejected. 4. Notice before ejectment. 5. Proceedings for ejectment. 6. Stay of ejectment for arrears of rent if the amount of arrears and damages are deposited with the Controller. 7. Restoration of possession where landlord does not use the land for the purpose for which the thika tenant was ejected. 8. Surrender. 9. Abandonment. 10. Consequences of the determination of interests of thika tenants in certain cases. 11. Devolution or transfer of holding of a thika tenant. CHAPTER III. PROVISIONS AS TO RENT OF Thika TENANCIES. 12. Payment of rent. 13. Time and place for payment of rent. 14. Appropriation of payments. 15. Thika tenant entitled to receipt for rent. 16. Penalty for withholding receipts. 17. Dep,Isit of rent on refusal of the landlord to accept. 18. Deposit of rent in certain other cases. 19. Receipt granted by the Controller for rent deposited to be a valid acquittance. 20. Disposal of rent deposited under section 17. 21. Disposal of rent deposited under section 18. 22. Saving. 23. Interest on arrears. 24. Restrictions on enhancement of rent. 25. Enhancement of rent. 26. Reduction of rent by the Controller. CHAPTER IV. APPEALS AND CERTAIN SPECIAL PROCEDURES. 27. Appeal, review and execution. 28. Power of Court to rescind or vary decrees and orders in certain cases. 29. Application of Act to pending suits and proceedings. 30. Bar to application of Act to certain lands. 31. Restriction or exclusion of Act by agreement. 32. Power to enter and inspect premises, to require information and to summon witnesses. 33. Repeal and saving. 34. Rules. West Bengal Act II of 1949 THE CALCUTTA TH1Ki1 TENANCY ACT, 1949. [Passed by the West Bengal Legislature.] [Assent of the Governor-General was first published in the Calcutta Gazette, Extraordinary, of the 28th February, 1949.] An Act to make better provision relating to the law of land- lord and tenant in respect of thika tenancies in Calcutta. it is expedient to make better provision WHEREAS relating to the law of landlord and tenant in respect of thika tenancies in Calcutta; hereby enacted as follows:— CHAPTER I. PR.ELIMINARY. 1, (1) This Act may be called the Calcutta Thika Short title,, Tenancy Act, 1949.(cid:9) extent and commence- (2) It extends to Calcutta as defined in clause (11) of went. section 3 of the, Calcutta. Municipal Act, 1923 and such Ben. Act suburbs of Calcutta as may have been or may here- III of 1923. after be notified under section 1 of the Calcutta Suburban Ben. Act Police Act, 1866 •and are not- , included within .Calcutta as II of so defined and also to .the municipality of Howrah. 1866. .(cid:9) • (3) It shall come into force on :the ,day ;on which the West Ben. Calcutta Thika Tenancy ,Ordinance, 1948, ceases to Ord. XI operate. of 1948. , 2: 'In this Act, unlesS there is anything r , epugnant in Defini- the subject or context,— (cid:9) Lions. (1) "Bharatia.7 means 'any .person. •by.;:whorn, ••) or on whose at-count, rent is .Payable for. :any structure .or part of •a :structure erected. by...a: thika tenant in his holding; : •• (2 )" Controller!" means an officer .appointed as such -by . the Provincial •GOVernment: .for an, area to which this' Act eitends and includes any officer appointed by the: Provincial Government to per- form all or any „of- the duties ..impOsed, or to exercise all or any of the powers. conferred by- this Act, on the Controller; (3) "holding" means a parcel Or. parcels of land held by any person as a thika tenant under one lease- or one set of conditions whether such tenant has held the land before or after the commencement of this Act ; (4) "prescribed" means prescribed by rules made under this Act; 2(cid:9) The Calcutta Thika Tenancy Act, 1949. [West Ben. Act (Chapter I—Preliminary.—Chapter 11—incidents of thika tenancies.—Section 3.) (5) "thika tenant" means any person who under the system commonly known as "thika", "thika masik utbandi", "thika masik", "thika baste" or under any other like system holds, whether under a written lease or otherwise, or has been recorded in any record-of-rights as holding, under the title "dakhal basatkar" or other like appellation, land under another person and is, or but for a special contract would be, liable to pay rent, at a monthly or at any other periodical rate, for that land to such other person and has erected any structure on such land for a residen- tial, manufacturing or business purpose and includes the successors in interest of such person; and (6) all words and expressions used but not defined in this Act and used in the Transfer of Property IV of Act, 1882, or the Bengal Tenancy Act, 1885, 1882. have the same meanings as in those Acts. VIII of 1885. CHAPTER II. INCIDENTS OF Thika TENANCIES. 3. NOtwithstanding anything contained in any other Grounds on which law for the time being in force or in any contract, a thika a thika tenant shall, subject to the provisions of this Act, be liable tenant to ejectment from his holding on one or more of the may • be following grounds and not otherwise, namely :— ejected. (i) on the ground that he has failed to pay an arrear of rent due to the landlord in respect of the holding ; (ii) on the ground that he has used the land comprised in his holding in a manner which renders it unfit for any of the purposes mentioned in clause (5) of section 2 or that he has broken a condition consistent with this Act on breach of which he is, under the terms of a contract between him- self and his landlord, liable to be ejected; (iii) on the ground that he ,has refused to agree to pay rent at such enhanced rate as may be determined under section 25 ; (iv) except during any period limited by a registered lease under which a thika tenant may hold the land comprised in the holding, on the ground that the land is required by the landlord for his own occupation or for the purpose of building on the land or otherwise developing the land by discontinuing the system of letting to thika tenants; (cid:9) The Calcutta Thika Tenancy Act, 1949.(cid:9) 3 I I of 1949.] (Chapter 11—Incidents of thika tenancies.—Sections 4, 5.), on the ground that he has failed himself to use or (v) occupy a major part of the holding for his own. residential, manufacturing or business purpose_ for more than six consecutive months; (vi,) when he holds the land comprised in the holding under a registered lease, on the ground that the term of the lease has expired. 4. It shall not be competent for a landlord to eject any Notice thika tenant from his holding unless the landlord has given before ejectment.- the thika tenant notice in the manner provided in section IV of (cid:9) 106 of the Transfer of Property Act, 1882- 1882.(cid:9) (a) in the case where he wishes to eject the thika tenant on any of the grounds specified in clauses (i),(cid:9) and (v) of section 3 at least one month's notice in writing expiring with the end of a month of the tenancy; and (b) in the case where he wishes to eject the thika tenant on the ground specified in clause (iv) of section 3 at least three months' notice in writing expiring with the end of a month of the tenancy : Provided that— (i) no thaw tenant shall be ejected from his holding on the ground specified in clause (i) of section 3 during the period mentioned in sub-section (1) of section 9, and (ii) save as otherwise provided in any contract in writing, no thaw. tenant shall be ejected from his holding on any of the grounds specified in clauses (iv) and (v) of section 3, except on payment to the thika tenant or on depositing with the Controller for payment to the thika tenant such compensation as may be agreed upon between the landlord and the thika tenant or, in the case where they do not agree, as may be determined in the prescribed manner by the Controller on application by -the landlord or the thika tenant. 5. (1) Notwithstanding anything contained in any Proceed- other law for the time being in force but subject to the ings for provisions of section 28, a landlord wishing to eject a thika ejectment. tenant on one or more of the grounds specified in section 3 shall apply in the prescribed manner to the Controller for an order in that behalf and, on receipt of such application, the Controller shall, after giving the thika tenant a notice to show cause within thirty days from the date of service of the notice why the application shall not be allowed and after making an inquiry in the prescribed manner either allow the application or reject it after recording the reasons for making such order, and, if he allows the application, shall make an order directing the thik,a tenant to vacate the holding and, subject to the provisions of section 10, to put the landlord in possession thereof. I 4'(cid:9) The Calcutta Thika Tenancy Act, 194.9. [West Ben. Act (Chapter 11—Incidents of thi-ka tenancies.—Sections 6-9.) (2) No order allowing an application under sub-section (1) shall be made in a case where compensation is payable under clause (ii) of the proviso to section 4 unless and until the amount of compensation so payable has been either paid to the thika tenant or deposited with the Controller. Stay of 6. Every order made under section 5 allowing an appli- ejectment cation for ejectment of a thika tenant on the ground that he for arrears has failed to pay an arrear of rent due to the landlord in of rent if respect of his holding and directing the thika tenant to the amount vacate the holding and put the landlord in possession of arrears and dama- thereof shall specify the amount of the arrear and of the ges are interest, if any, due thereon, and no such order shall be deposited executed- if that amount, the costs of the proceedings arising with the out of such application and such damages as the Controller 'Controller. may allow, are deposited with the Controller within thirty days from. the date of the order. 7. If an order under section 5 directing a thika tenant Restora- tion of to vacate any land comprised in a holding on any of the possession grounds specified in clause (iv) of section 3 is made and the where landlord who recovers possession of the land as a result of landlord r such order does not within six months from the date on does not which he recovers such possession occupy the land himself use the land or commence the building on, or the development of, the for the land or re-lets it within six months of the said date to any purpose thika tenant other than the previous thika tenant without for which the thika the permission of the -Controller obtained in the prescribed tenant was manner, the Controller may on application in writing being ejected. made to him in this behalf by the thika tenant from whom the landlord has so recovered possession of the land within nine months from the said date, make an order directing the landlord to restore the thika tenant to possession of the land from such date and subject to such condition as may be specified in the order, or to pay him such compensation as may be fixed by the Controller : Provided that the Controller may, on the application of the landlord, extend the period within which the building on, or the development of, the land is to be commenced by two months at a time and six months in all. 8. (1) A thika tenant not bound by any lease or other Surrender.(cid:9) agreement for a fixed period may, at the end of a month of the • tenancy, surrender his holding, provided that he gives to his landlord at least one month before he surrenders, notice of his intention to do so. (2) When a thika tenant .has surrendered his holding the landlord may, subject to the provisions of section 10, enter on the holding and either let it to another tenant or occupy it himself or dispose of it in any way he may think fit. 9. (1) When a thika tenant vohintarily abandons his Ahem:Ion- merit. holding without notice to the landlord and without arrang- ing for the payment of his rent as it falls due, the landlord The Calcutta Thika Tenancy Act, 1949. 5 I I of 1949.] (Chapter II—Incidents of thika tenancies.—Section 10.) may, at any time after the expiration of a period of two months from the date of such voluntary abandonment, file the notice referred to in sub-section (2) and subject to the provisions of sub-section (3) and of section 10 enter on the holding and let out the same to another tenant or occupy it himself. (2) A landlord who intends to enter on a holding under this section shall file a notice in the prescribed form with WIN the Controller stating that he has treated the holding as abandoned and intends to enter on it accordingly; and the Controller shall within fifteen days from the date on which the notice is so filed cause such notice to be published in the prescribed manner. (3) After the publication of the notice under sub- section (2), the thika tenant may apply to the Controller at any time not later than the expiration of one month from the date of the publication of such notice for the cancellation of such notice and thereupon the Controller may, on being satisfied after such inquiry as he considers necessary that the thika tenant is entitled to continue in possession, cancel the notice and direct that the thika tenant shall continue in possession of the holding subject to payment of the arrears of rent due on the date pn which the notice is so cancelled. If the thika tenant does not make any application under this sub-section or his application under this sub-section is rejected, the landlord may enter on the holding subject to the provisions of section 10. 10. (1) Notwithstanding anything to the contrary Conse- contained in any contract, on the determination of the quences of interest of a thika tenant in the land comprised in a holding the deter- mination as a result of ejectment from the holding of, or of surrender or of in- abandonment of the holding by, the thika tenant, or terests of otherwise, any structure erected by the thika tenant on such thika land and existing on the date of such determination shall tenants in certain vest in the landlord. eases. (2) When any structure erected in any holding by a thika tenant vests in the landlord under sub-section (1) other- wise than as a result of ejectment of the thika tenant from the holding on any of the grounds specified in clause (iv) of section 3, any Bharatia in possession of such structure shall be entitled to continue in such possession and shall be deemed West Ben. to be a tenant within the meaning of the West Bengal Act Premises Rent Control (Temporary Provisions) Act, 1948, XXX VIII holding under the landlord on the terms and conditions on of 1948. which such Bharatia had been holding immediately before such structures vested in the landlord : Provided that nothing in this sub-section shall prevent either the landlord or such Bharatia so deemed to be a tenant holding under the landlord, from proceeding under the West Bengal Premises Rent Control (Temporary Pro- visions) Act, 1948, for fixing the standard rent payable in respect of such structure. 6(cid:9) The Calcutta Thika Tenancy Act, 1949. (West Ben. Act (Chapter II—Incidents of thika tenancies.—Chapter Provisions as to rent of thika tenancies.—Sections 11-15.) Devolu- 11. The holding of a thika tenant shall descend on his tion or death in the same manner as his other immovable property transfer of and the person succeeding shall hold the land comprised in holding of a thika the holding under the terms and conditions on which it was tenant. held by the thika tenant. He shall also give to the landlord notice within one month of the succession in the prescribed manner : Provided that in any case in which under the law of inheritance to which the thika tenant is subject his other property goes to the Crown, his interest in the holding shall be extinguished. CHAPTER III. PROVISIONS AS TO RENT OF Thika TENANCIES. Payment 12. Any rent or instalment of rent payable by a thika of rent. tenant shall be paid, where there is a contract in writing in this behalf between the landlord and the thika tenant, with- in the time fixed in the contract or, in the absence of any such contract, by the fifteenth day of the month next follow- ing the month or period for which the rent is payable. Time and 13. (1) Every thika tenant shall pay or tender rent or place for each instalment of rent before sunset of the latest day by payment which it is payable under the provisions of sections 12: of rent. Provided that a thika tenant may pay or tender the rent payable for a month or period at any time during such month or period 'before it falls due. , (2) The payment or tender of rent may be made— (i) at the landlord's local office or at such other con- venient place as may be appointed in that behalf by the landlord; or (ii) by postal money order in the manner prescribed. A tender may also be made by depositing the rent with the Controller in accordance with the provisions of section 17 or section 18. (3) Any rent or instalment of rent which is not duly paid within the time referred to in section 12 or is not duly deposited with the Controller within the time referred to in section 17 or section 18 shall be deemed to be an arrear. Appro- 14. (1) When a thika tenant makes a payment on account priation of rent, he may declare the month or period in respect of pay- ments. of which he wishes the payment to be credited, and the pay- ment shall be credited accordingly. (2) If he does not make any such declaration, the pay- ment may be credited to the account of such month or period as the landlord thinks fit. Thika 15. (1) Every thika tenant who makes a payment on tenant en- account of rent to his landlord shall be entitled to obtain titled to forthwith from the landlord or his authorised agent a written receipt for rent. receipt for the amount paid by him, signed by the landlord. (cid:9) The Calcutta Thika Tenancy Act,949. 7 II of 1949.] (Chapter Ill—Provisions as to rent of thika tenancies.— Sections 16-18.) (2) ,A counterfoil of the receipt shall be prepared and retained by the landlord or his authorised agent. (3) The receipt and counterfoil shall be in such form and shall contain such particulars as may be prescribed. (4) If a receipt does not contain substantially the parti- culars required by this section, it shall be presumed, until the contrary is shown, to be an acquittance in full of all demands for rent up to the date on which the receipt was given. 16. If a landlord without reasonable cause refuses or Penalty for neglects to deliver to a thika tenant a receipt containing the withhold- particulars required by section 15 for any rent paid by the ing receipts. tenant, the Controller may, on application made in this behalf by the tenant within three months from the date of payment, by order direct the landlord to pay the tenant such penalty not exceeding double the amount of that rent as the Controller thinks fit. 17. (1) Where a landlord refuses to accept any rent the Deposit of thika tenant may, by an application in writing containing rent (cid:9) on such particulars as may be prescribed,— refusal of the land- (a) deposit such rent with the Controller, within the lord(cid:9) to accept. period specified in sub-section (2), and (b) unless the landlord signifies by notice in writing to the thika tenant his willingness to accept any subsequent rent which becomes due from such tenant, also deposit such rent with the Controller within the period within which it is payable under the provisions of section 12 together with the cost of transmission by postal money order of such money to the landlord. Explanation.—A landlord shall not for the purposes of this sub-section be deemed to have refused to accept any rent unless the rent is remitted by the thika tenant by postal money order within the time specified and in the manner referred to in section 13 and the rent so remitted is returned to the thika tenant by the postal authorities as undelivered either on account of the landlord having refused to accept payment thereof or for any other cause. (2) The deposit referred to in clause (a) of sub-section (1) shall be made within a fortnight of the date on which the rent remitted by postal money order is returned to the thika tenant by the postal authorities as undelivered. 18. (1) In either of the following cases, namely : — Deposit of (a) when any rent is payable jointly to two or more co- rent (cid:9) in certain sharer landlords and the thika tenant is unable other cases. to obtain a joint receipt from them for the rent and no person has been empowered to receive the rent on their behalf, 11111, 8(cid:9) The Calcutta Thika Tenancy Act, 1949. [West Ben. Act (Chapter III—Provisions as to rent of thika tenancies.— Sections 19, 20.) (b) when a dispute has arisen as to the person who is entitled to receive the rent, the thika tenant may by an application in writing containing such particulars as may be prescribed deposit such rent with the Controller and may continue to deposit with the Controller any subsequent rent which becomes due from such tenant until the, thika tenant is able to obtain a joint receipt from the co-sharer landlords or a person has been empowered to receive the rent on their behalf, or until such dispute has been settled by the decision of a competent Court or by settlement between the parties, as the case may be. (2) The deposit of rent referred to in sub-section (1) shall be made within the period within which it is payable under L section 13. 19. If it appears to the Controller to whom application Receipt for deposit is made under section 17 or section 18 that the granted by the Con- applicant is entitled to deposit the rent wider any of those troller for sections, he shall receive the rent deposited and give a V(cid:9) rent depo- receipt for it under the seal of the Court and such receipt sited to be a(cid:9) valid shall operate as an acquittance for the amount of the rent acquit. payable by the thika tenant and deposited as aforesaid, in tance. the same manner and to the same extent as if the amount of the rent had been received— in cases referred to in clauses (a) and (b) of sub-section (1) of section 17, by the person specified in the applica- tion as the person to whose credit the deposit was to be entered; in cases referred to in clause (a) of sub-section (1) of section 18, by the co-sharers to whom the rent is due; and in cases referred to in clause (b) of sub-section (1) of section 18, by the person entitled to the rent. 20. (1) On any deposit being made under section 17 the Disposal of Controller shall forthwith forward the same by postal money rent depo- sited under order to the address of the landlord. sect ion I 7 . (2) Where any money has been deposited under clause (a) of sub-section (1) of section 17, the cost of transmission thereof to the landlord by postal money order shall be recoverable from the landlord and, in forwarding the money so deposited to the landlord by postal money order, the Controller shall deduct therefrom the cost of such transmission. (3) If the money sent by the Controller under sub- section (1) by postal money order to any landlord is returned undelivered, the Controller shall cause a notice of the receipt of the deposit to be served on the landlord and the amount lying in deposit may, subject to such rules as may be made under this Act, be withdrawn by the landlord on applica- tion made by him to the Controller in that behalf and if The Calcutta Thika Tenancy Act, 194.9.(cid:9) 9 I I of 1949.] (Chapter 111—Provisions as to rent of thika Sections 21, 22.) such amount is not so withdrawn before the expiration of three years from the date of service of such notice, it may, in the absence of any order of a Civil Court to the contrary, be repaid to the depositor on his application and on his returning the receipt given by the Controller with whom. the rent was deposited. 21. (1) When the Controller receives a deposit under Disposal of section 18, he shall forthwith cause to be affixed in a rent depo- conspicuous place at his office a notification of the receipt sited under section 18. thereof containing a statement of all material particulars, and, if the amount of the deposit is not paid away under sub-section (2) within the period of fifteen days next follow- ing the date on which the notification is so affixed, the Controller shall forthwith in cases referred to in clause (a) of sub-section (1) of section 18 cause a notice of the receipt of the deposit to be posted free of charge at the landlord's local office, if any, and at some conspicuous place in the locality in which the holding is situated, and, in cases referred to in clause (b) of sub-section (1) of the said section, cause a like notice to be served free of charge on every person who, he has reason to believe, claims or is entitled to the deposit. (2) The Controller may pay the amount of any deposit notified under sub-section (1) to any person who proves to his satisfaction to be entitled to the same or is entitled to the amount as a result of a settlement referred to in sub- section (1) of section 18 or he may, if he thinks fit, retain the amount pending the decision of a Civil Court as to the person so entitled. (3) If no payment is made under sub-section (2) before the expiration of three years from the date of notice issued under sub-section (1) or three months after the decision of the Civil Court, whichever is later, the amount deposited may in the absence of any order of a Civil Court to the con- trary be repaid to the depositor upon his application and on his returning the receipt given by the Controller when the rent was deposited. 22. (1) When a landlord accepts rent in respect of any Saving. holding sent by postal money order by a thika tenant under clause (ii) of sub-section (2) of section 13 or by the Controller under section 21 or withdraws any rent deposited under section 17 or section 18, the fact of this acceptance or with- drawal shall not be used in any way as evidence that he has admitted as correct any of the particulars set forth in the pOstal money order form or in the application for deposit of such rent. (2) No suit, prosecution or other legal proceeding shall be instituted against the Crown or against any officer of the Crown in respect of anything done by the Controller receiv- ing a deposit under section 17 or section 18; but nothing in this Act shall prevent any person entitled to receive any amount so deposited from recovering the same from any person to whom it has been paid under section 20 or section 21. 10(cid:9) The Calcutta Thika Tenancy Act, 1949. [West Ben. Act (Chapter III—Provisions as to rent of thika tenancies.--- Chapter IV—Appeals and certain special procedures.— Sections 23-27.) Interest on(cid:9) 23. Any arrear of rent shall bear simple interest at the arrears. rate of six and a quarter per centum per annum from the expiry of the time within which the rent or the instalment of rent is payable under the provisions of section 12 or is to be deposited under section 17 or section 18, as the case may be, to the date of payment or of the institution of the suit, whichever date is earlier. Restric- 24. The rent of a thika tenant shall not be enhanced tions on except as provided in this Act. enhance- ment of rent. Enhance- 25. (1) The rent payable by a thika tenant for his ment of holding may be enhanced by the Controller on application rent. made to the Controller by the landlord in the prescribed manner on either or both of the following grounds, namely :— (a) that the value of the holding has increased; (b) that the landlord has effected some improvement to the land at his own cost which has increased the value of the holding : Provided that no rent shall be enhanced under this sub- section so as to exceed the rent previously payable by the thika tenant by more than twelve and a half per centum. (2) The rent fixed under sub-section (1) shall not be further enhanced during three years next following the date on which it has been last so enhanced. Reduction 26. Any rent payable by a thika tenant which has been of rent settled within a period of three years immediately before the by the commencement of this Act, may be reduced by the Controller Controller. on application made in that behalf by the thilat tenant if the Controller considers that the rate of rent so settled is unfair and inequitable having regard to the prevailing rate of rent payable by thika tenants of lands of a similar description and with similar advantages in the locality. CHAPTER IV. APPEALS AND CERTAIN SPECIAL PROCEDURES. Appeal, 27. (1) Any person aggrieved by an order of the review and Controller may, within thirty days from the date- of the execution. order, present an appeal in writing— (a) in respect of any holding in the Presidency town of Calcutta, to the Chief Judge of the Court of Small Causes of Calcutta; and (b) in respect of any holding elsewhere, to the District Judge of the district in which the holding con- cerning which such order is made is situated. The Calcutta Thika Tenancy Act, 1949. (cid:9) 11 II of 1849.] (Chapter 1V—Appeals and certain special procedures.— Section 28.) (2) The Provincial Government may, by notification, appoint any person who has exercised the powers of a District Judge to hear appeals presented under clause (a) of sub-section (1) to the Chief Judge of the Court of Small Causes of Calcutta and may, by notification, also appoint any person who is a judicial officer not below the rank of a subordinate judge to hear appeals presented under clause (b) of the said sub-section to a District Judge. (3) The Chief Judge of the Court of Small Causes of Calcutta to whom an appeal is presented under clause (a) of sub-section (1) or •a District Judge to whom an appeal is presented under clause (b) of that sub-section may transfer such appeal to any person appointed to hear any such appeal under sub-section (2) and may withdraw any appeal so transferred and either hear and dispose of it himself or transfer it to any other person appointed to hear such appeals under sub-section (2). (4) The Chief Judge or the District Judge or any person appointed under sub-section (2) to whom an appeal is transferred under sub-section (3), as the case may be, shall then send for the record of the case from the Controller and after perusing the record and, if necessary, taking such evidence himself or personally making such further inquiries as he thinks fit, shall make an order deciding the appeal after giving the parties an opportunity of being heard. (5) Subject to such rules as may be made under this Act, any order passed under this Act by the Controller, the Chief Judge of the Court of Small Causes of Calcutta, or a District Judge or a person appointed under sub-section (2) may be reviewed by the person who passed the order on the ground of the discovery of any new and important matter or evidence or on account of some mistake or error apparent on the face of the record or for any other sufficient cause: Provided that before any order is passed under this sub-section which is likely to affect any person adversely such person shall be given a reasonable opportunity of being heard. (6) An order under sub-section (4) made by the Chief Judge or the District Judge or a person appointed under sub-section (2), as the case may be, or, subject to such order, an order made by the Controller under this Act, shall, subject to the provisions of sub-section (5), be final and may be executed by the Controller in the manner provided in the Aot V of Code of Civil Procedure, 1908, for the execution of decrees. 1908.(cid:9) 28. Where any decree or order for the recovery of possession of any holding from a Power of thika tenant has been made Court to before the date of commencement of this Act but the possession rescind or of such holding has not been recovered from the vary thika tenant by the execution of such decree or order, the Court by which decrees and orders the decree or order was made may, if it is of opinion that the in certain decree or order is not in conformity with any provision of cases. this Act other than sub-section (1) of section 5 or section 27, rescind or vary the decree or order in such manner as the 12(cid:9) The Calcutta Thika Tenancy Act, 1949. [West Ben. Act (Chapter 1V—Appeals and certain special procedures.— Sections 29-32.) Court may think fit for the purpose of giving effect to such provision and a decree or order so varied by any Court shall be transferred by such Court to the Controller for execution under this Act as if it were an order made under and in accordance with the provisions of this Act. 29. The provisions of this Act shall apply to all suits Applica- tion of Act and proceedings, including proceedings in execution, for to pending ejectment of a thika tenant which are pending at the date suits and of commencement of this Act, and if any such suit or proceed- proceeding relates to any matter in respect of which the ings. Controller is competent after the date of such commencement to pass orders under this Act, such suit or proceeding shall be transferred to the Controller who shall on such transfer deal with it in accordance with the provisions of this Act as if this Act had been in operation on the date of institution of the suit or proceeding: Provided that in applying the provisions of this Act to thika any suit or proceeding instituted for the ejectment of a tenant so transferred, the provisions regarding notice in section 4 of this Act shall not apply. 30. Nothing in this Act shall apply to— Bar(cid:9) to(cid:9) applica- t ion of Act(cid:9) (a) .Crown lands, w certain - lands. (b) any land vested in or in the possession of— (i) the Provincial Government, (ii) a port authority of a major port, or (iii) a railway administration, or (iv) a. local authority, or any land which is required for carrying out any of (c) the provisions of the Calcutta Improvement Act, Ben. Act V of 1911. 1911. 31. Nothing in any contract between a landlord and a Restric- tenant made after the commencement of this Act shall tion or ex- thika clusion of take away or limit the rights of such tenant as provided for Act by by this Act, and any contract which is made in contraven- agreement. tion of or which is inconsistent with any of the provisions of this Act shall be void anti without effect to the extent of such contravention or inconsistency. 32. (1) For the purposes of any inquiry under this Act, Power to(cid:9) the Controller and any person deciding an appeal under enter and inspect (cid:9) section 27, may,— premises, to require(cid:9) (a) enter and inspect any premises at any time between informa- sunrise and sunset; tion and to(cid:9) summon (b) authorise any person subordinate to him to enter witnesses.(cid:9) and inspect any premises between sunrise and sunset; or The Calcutta Thika Tenancy Act, 1949.(cid:9) 13 II of 1949.] (Chapter IV—Appeals and certain special procedures.— Sections 33, 34.) (c) by written order require any person to produce for his inspection such accounts, rent receipts, books or other documents relevant to the inquiry at such time and at such place as may be specified in the order: Provided that no premises shall be entered under clause (a) or clause (b) without the consent of the occupier, unless at least twenty-four hours' previous notice in writing has been given. (2) The Controller and any person deciding an appeal under section 27 shall, subject to any rules made under this Act and in so far as such powers are necessary for carrying out the provisions of this Act, have power to summon and enforce the attendance of witnesses, including the parties interested, and to compel the production of documents by the same means and, so far as may be, in the same manner as is provided in the case of a Court by the Code of Civil Act V of Procedure, 1908. 1908. West Ben.(cid:9) 33. On the expiry of • the Calcutta. Thika Tenancy Repeal and Ord. XI Ordinance, 1948, the provisions of section 8 of the Bengal saving. of 1948. General Clauses Act, 1899, shall apply as if it were an Ben. Act enactment then repealed by a West Bengal Act. I of 1899. 34. (1) The Provincial Government may, subject to Rules. the condition of previous publication, make rules for carry- ing out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing .power, such rules may provide for all or any of the following matters, namely :— (a) the manner of determination of compensation referred to in the proviso to section 4; (b) the manner in which a landlord may apply to the Controller and the_ manner in which the Controller may make inquiries under section 5; (c) the manner of obtaining permission of the Controller referred to in section 7; (d) the form of notice and the manner of publication of such notice under sub-section (2) of section 9; (e) the manner of payment or tender of rent by postal money order referred to in clause (ii) of sub- section (2) of section 13; (f) the form of receipt and of the counterfoil referred to in sub-section (3) of section 15, and the particulars to be specified in such receipt and counterfoil ; (g) the particulars to be contained in applications for depositing rent under sub-section (1) of section 17 and sub-section (1) of section 18; 14(cid:9) The Calcutta Thika Tenancy Act, 1949. [West Ben. Act Il of 1949.1 (Chapter IV—Appeals and certain special procedures.— Section 34.) (h) the method of withdrawal of the deposit of rent by the landlord under sub-section (3) of section 20; (i) the manner of making application for enhancement of rent under sub-section (1) of section 25; (j) the procedure to be followed in inquiries under this Act, by the Controller, the Chief Judge of the Court of Small Causes of Calcutta, the District Judge and any person appointed under sub- section (2) of section 27; (k) the procedure for review of orders referred to in sub-section (5) of section 27; (1) the procedure for summoning and enforcing the attendance of witnesses and compelling the pro- duction of documents referred to in sub-section (2) of section 32; (m) the manner of service of notices issued under this Act where the mode of such service is not provided in this Act; and (n) the charging or remitting of costs and fees and the claim:, of a scale of costs and fees. WBGP-49150-5473A-'2M