The permanent settlement gave absolute proprietary rights to landholders but was silent about the rights of tenants, although it vaguely recognised. Be it enacted by parliament in the twentyseventh year of the republic of india as follows. West bengal premises tenancy act 1956 complete act. The bengal tenancy act is not a complete code even in respect of the law of. West bengal that the matters aforesaid should be regulated in those states by parliament by law. Protection of tenants against eviction legal news law. Godda district in west and in the east by murshidabad district of west bengal. Calcutta, howrah and some other areas in west bengal. 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. Banerjee, gertler, ghatak tenancy reforms in west bengal operation barga, security of tenure and crop shares tenants responded positively to the reform. Handing over of possession has no considerations in this as without handing over of possession no rent agreement or leave and license agreement. West bengal cabinet allows construction on 15% land of tea.
The jotedars were a rich class of peasants who reclaimed and gained control of large quantities of uncultivated forests and wetlands outside the territory governed by the. Wb524 28th december, 1998 assent of the president of india was first published in the calcutta gazette, extraordinary, of the 28th december, 1998. The west bengal government premises tenancy regulation act. An act to provide for the regulation of certain incidents of tenancy of premises in calcutta, howrah and some other areas in west bengal. Keywords bengali year, collector, landlord, nonagricultural land, nonagricultural. Land reforms in india, objectives of land reforms, impact. Javascript must be enabled in order for you to use the site in standard view. The west bengal cabinet has given its inprinciple approval, to amend the west bengal thika tenancy acquisition and regulation act, to facilitate people living on thika tenancy land to. Section 6 of the west bengal premises tenancy act, 1977 deals with the protection of tenants against eviction.
Whether protection under 71 and 72 of premises tenancy act is available for default in payment of rent. 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. All books are in clear copy here, and all files are secure so dont worry about it. The west bengal land reforms and tenancy tribunal act, 1977 was published on 12th december, 1997. The act was framed due to the extensive restlessness that occurred towards the peasant by intimidating them thereby disrupting the peaceful control of the state. Token advance this is a very small sum of money collected by the landlord from the tenant with the intention of booking his property for the tenant and preventing other potential tenants from developing an interest.
The west bengal government premises tenancy regulation. The rent control act offers security of tenure to the tenants and restricts the landlords power to evict tenants. Bengal tenancy act 1885 was an enactment of the bengal government defining the natural rights and liabilities of zamindars and tenants in response to widespread peasant discontent threatening the stability of the colonial system of governance. New changes to thika tenancy in west bengal advocate. Section 42 of the ea act 1953 and the west bengal nonagricultural tenancy act, 1949 could also be of great help to them in restoring back the intermediary system, abolished so long. The west bengal premises tenancy act, 1997 hooghly. The west bergul govurltnwr prctriscs hrgtrlariot of occrrprrncy acr, 1984. When a tenant can get the benefit of protection against eviction. A tenancy in respecl of a government premises shall be tenancy lo. Schedule i of the calcutta municipal act, 1951, as deemed to have been amended under section 594 of that act. The east bengal state acquisition and tenancy act of 1950 also known as the east pakistan estate acquisition act 1950 was a law passed by the newly formed democratic government of east bengal in the dominion of pakistan present day bangladesh.
The west bengal nonagricultural tenancy act, 1949 keyword. With the passing of the west bengal premises tenancy amendment bill on wednesday, the lawmakers made an. In west bengal, 23 months worth of rent is typically collected as security deposit. West bengal premises tenancy act 1997 tenant means any person by whom or on whose account or behalf the rent of any premises is or, but for a special contract, would be paya ble, and includes any person continuing in possession after termination of his tenancy a nd, in the event of death of any tenant, also includes, for a period not exceeding fi. Protection of tenant against eviction 1 notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract, no order or decree for the recovery of the possession of any premises shall be made by the civil judge. 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. The west bengal land reforms and tenancy tribunal is empowered to prescribe its own rules of practice for discharging its functions as per sec. Bharatia, bustee, controller, holding, landlord, other land, pacca structure, slum area, tenant of other land. Recovery of the possession under west bengal premises. Download west bengal premises tenancy act, 1997 book pdf free download link or read online here in pdf.
Regislraljon act, 1908, whcrc a such leasc has been entered inlo on or after the 1st december, 1948, and b such lcasc is for a period or not more lhan 20 years, and savc. We examine the main features of the act and how it protects landlords and tenants interests. It was under such pressures that the bargadar act of 1950 was enacted. Tenancy reform in west bengal article pdf available in journal of political economy 1102 february 2002 with 798 reads how we measure reads. It states that 1 notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract, no order or decree for the recovery of the possession of any premises shall be. The kolkata thika tenancy acquisition and regulation act, 1981 act 37 of 1981 keywords. The bill was drafted on 31 march 1948 during the early years of pakistan and passed on 16 may 1951. Law library west bengal premises tenancy act1997 6. West bengal thika tenancy act 2001 is a beneficial legislation prior to 1949, within the municipal limits of calcutta and howrah in the state of west bengal, there existed a category of tenancy known as thika tenancy. An act to provide for the regulation of certain incidents of tenancy of premises in. The provision giving legal teeth to contracts will be triggered at a monthly rent of rs. Whereas it is expedient to provide for the regulation of certain ncidents of tenancy of premises in calcutta, howrah and some other areas in west bengal.
The bengal tenancy act, 1885 is a state legislation that describes the privileges and obligations of the zamindars as well as the tenants. The kolkata thika tenancy acquisition and regulation act. Pakur is predominantly a hilly district with certain pockets of plain land. The 1885 bengal tenancy act also sought to protect longstanding tenants, and was similarly ineffective. How it safeguards the interests of tenants and landlords the leasing of homes is governed by the rent control act, with each state having its own version of the act. The other important act, the west bengal estates acquisition act, 1953 wbea act, 1953 provided for the state. West bengal premises tenancy act 1997 complete act. West bengal premises tenancy rules, 1999 bare acts live. The model tenancy act, 2019 ministry of housing and urban. West bengal government gives inprinciple nod to amend thika tenancy act. East bengal state acquisition and tenancy act of 1950. What are the amendments made in 2002 in the west bengal. Is my agreement a leave and license agreement or rent.
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. West bengal premises tenancy act, 1997 pdf book manual. The west bengal premises tenancy act, 1997 land portal. Act 2 it extends to the whole of west bengal except the areas described in xxxiii of 1951. 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. For this purpose the west bengal land reforms and tenancy tribunal rules 1998 has been framed which was subsequently amended in the year 2002. Application filed by landlord for fixation of fair rent in 2007 withdrawn before rent controller in 2015. Transfer of permanent tenure by sale in execution of decree for rent. This act, with certain modifications, was finally incorporated in the west bengal land reforms act, 1955, hereafter referred to as wblr act, 1955. Last week, chief minister of tamil nadu has launched an exclusive portal. During this period, another form of landholder emerged in bengal. Read online west bengal premises tenancy act, 1997 book pdf free download link book now. 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 tenant if during the currency of the tenancy agreement are not willing to continue with the said tenancy then in that event they shall hand over peaceful and vacant possession of the said tenanted portion of the house to the landlord in its original condition and the landlord shall return the deposit to him or adjust the said deposit in the.
713 1320 119 568 537 835 1471 458 1430 165 704 87 633 181 1417 1480 902 1529 793 1 278 184 990 856 439 1033 122 1319 1322 1117 536 388