The Non-Agricultural Tenancy Act, 1949 (East Bengal Act)
(
ACT
NO. XXIII OF 1949
)
[ 20th October, 1949 ]
Chapter II
CLASSES OF NON-AGRICULTURAL TENANTS
Classes of non-agricultural tenants
3. (1) There shall be, for the purposes of this Act, the following classes of non-agricultural tenants, namely:-
(a) tenants, and
(b) under-tenants.
(2) “Tenant” means a person who has acquired from a proprietor or a tenure-holder a right to hold non-agricultural land for any of the purposes provided in this Act, and includes also the successors-in-interest of persons who have acquired such a right.
(3) “Under-tenant” means a person who has acquired a right to hold non-agricultural land for any of the purposes provided in this Act either immediately or mediately under a tenant and includes also the successors-in-interest of persons who have acquired such a right.
Purposes for which non-agricultural tenant may hold non-agricultural land
4. A non-agricultural tenant may hold non-agricultural land for-
(a) homestead or residential purposes;
(b) manufacturing or business purposes; or
(c) religious or other purposes.
Tenancies held by a non-agricultural tenant
5. A non-agricultural tenant shall be deemed to hold any non-agricultural land-
(a) for homestead or residential purposes if such tenant is entitled, under the terms of any agreement between himself and the landlord to use or is actually using such land for homestead or residential purposes;
(b) for manufacturing or business purposes if such tenant is entitled, under the terms of any agreement between himself and landlord, to use or is actually using such land for carrying on therein any commercial or industrial enterprise or any trade or business; and
(c) for religious or other purposes if such tenant is entitled, under the terms of any agreement between himself and landlord, to use or is actually using such land for a religious purpose or for any purpose not connected with agriculture or horticulture other than-
(i) the purposes specified in clauses (a) and (b), and
(ii) the exercise of any forest-rights or rights over fisheries or rights to minerals in such land.