The State Acquisition and Tenancy Act, 1950 (East Bengal Act)

( ACT NO. XXVIII Of 1951 )

An Act to provide for the acquisition by the State of the interests of rent-receivers and certain other interests in land in Bangladesh and to define the law relating to tenancies to be held under the State after such acquisition and other matters connected therewith.1

 
 
 
WHEREAS it is expedient to provide for the acquisition by the State of the interests of rent-receivers and certain other interests in land in Bangladesh and to define the law relating to tenancies to be held under the State after such acquisition and other matters connected therewith;
 
 
 
 
It is hereby enacted as follows:-
 
 
 

CONTENTS

SECTIONS

1. Short title and extent

2. Definitions

2A. Exemption

3. Acquisition of the interest of certain rent-receivers and consequences thereof

3A. Service of notice for furnishing return before notification

4. Service of notice to furnish returns, etc. and penalty for non-compliance

5. Determination of rent khas lands of rent-receivers

6. Ad interim payment

6A. Ad interim payment of respect of trust properties

7. Appeal

8. Payment and recovery of fines imposed under this Chapter

9-9D. [Omitted.]

10. Exemption of ad interim payments from attachments

10A. Special provisions regarding certain rent receiving interests held under wakf, wakf-al-al-aulad, debutter or other religious trust

11. Acquisition of occupancy rights

12. Removal of the homestead of a tenant in certain cases

13. Restoration of agricultural land in certain cases

14. Appeal

15. Miscellaneous

16. Saving as to certain lands

17. Preparation of record-of-rights

18. Particulars to be recorded in the record-of-rights

19. Draft and final publication of the record-of-rights

20. Lands to be retained in the possession of rent-receivers, cultivating raiyats, cultivating under-raiyats and non-agricultural tenants

21. Payment of rent for land retained in possession

22. All lands to be liable to fair and equitable rent determined under this Chapter

23. Determination of fair and equitable rents of khas lands

24. Determination of fair and equitable rents of raiyats and under-raiyats

25. Determination of fair and equitable rents of non-agricultural tenants

25A. Enhancement and assessment of rent in certain cases

26. Assessment of rent for rent-free land

27. Creation of separate holdings or tenancies in certain cases

28. Assessment of rents of service tenancies

29. Effect of rents settled under this Chapter

30. Bar to jurisdiction of Civil Court

31. Preparation of Compensation Assessment roll on the basis of the existing-record-of-rights

32. Interpretation

33. Order for the preparation of a compensation Assessment-roll

34. Separate treatment of proprietors, tenure-holders and other rent-receivers in assessment and payment of compensation

35. Calculation of gross assets and net income of rent-receivers

36. Net income of a recusant proprietor

36A. Net income of a recipient of Sair Compensation allowance

37. Rates of compensation for rent-receiving interests

38. Preparation of Compensation Assessment-roll in respect of a rent-receiver having interests in more than one area

39. Rates of compensation for khas lands

40. Preliminary publication of Compensation Assessment-roll

41. Appeal to superior Revenue Authority

42. Final publication of the Compensation Assessment-roll

43. Certificate and presumption as to final publication of Compensation Assessment-roll

44. Acquisition and vetting of the interest of proprietors, tenure-holders and other rent-receivers and of certain khas lands in the Government and the consequences thereof

45. Proclamation by the Revenue-officer

46. Printing and distribution of record-of-rights

46A. Preparation of Compensation Assessment-roll in special cases

46B. Bar to jurisdiction of Civil Court

46C. Application of the provisions of sections 34 to 43 in the preparation of Compensation Assessment-roll under Chapter VA

46D. Net income of a recusant proprietor under Chapter VA

46E. Consequences of final publication of Compensation Assessment-roll under Chapter VA

47. Revenue and Judicial authorities

48. Appointments and powers

49. Revision of Compensation Assessment-roll

50. Correction by Revenue-Officers of bona fide mistakes

51. Appeal to the Special Judge

52. Statement of case by Special Judge to the High Court

53. Appeal to the Special Judge

54.Correction of the Compensation Assessment-roll

55.Application of the Civil Procedure Code to appeals before and inquiries by a Special Judge

56.Bar to raising of certain issues

57. Limits of and amount payable as compensation

58. Manner of payment of compensation

59. Money or bonds deposited in respect of estates, tenures, holdings or lands belonging to persons incompetent to alienate

60. Dispute as to title or apportionment

60A. Certain sections not applicable to future acquisition

61. Definition of arrears

62. Payment and realisation of arrears

63. Provision regarding Pending suits and proceedings

64. Realisation of arrears in respect of lands held by tenants under Government

65. Sale of lands held by tenants under Government for arrears

66. Power to grant instalments and stay execution

67. Payment to outgoing rent-receivers

68. Computation of the period of limitation

68A. Application of this Chapter

68B. Transitory Provisions in respect of pending cases before the Certificate Officer

68C. Arrears of rent and cesses due to a rent-receiver and decrees for such arrears

68D. Option to have arrears collected Government on certain conditions

68E. Computation of the period of limitation

69. Bar to execution of certain decrees and orders for the recovery of certain debts of rent-receivers

70. Scaling down of debts and recovery thereof

71. Government to authorise Revenue-officer to take action under section 70

72. Bar to jurisdiction of Civil Courts in certain matters

73. Power to enter upon land, to make survey, etc.

74. Power to compel production of statements and documents

75. Power to enforce attendance of witnesses and production of documents

75A. Prohibition of subletting

75B. Fees for application for enquiry

76. Settlement and use of land vested in the Government

76A. Creation of separate estate and apportionment of revenue

76B. Recovery of advance rent or bid money realised by outgoing rent-receivers

77. Protection of action taken under this Act

77A. Delegation of the powers of the Government

78. Power to make rules

79. Commencement of this Part

80. Repeal

81. Class of agricultural tenants and regulation of their rights and liabilities

81A. Rights and liabilities of non-agricultural tenants

81B. Registration of lease deed

82. Interpretation

83. Rights of raiyat in respect of use of land

84. Devolution of holding on the death of a raiyat

85. Ground for eviction of raiyats

86. Abatement of rent on account of diluvion and determination of right in land re-appeared on account of alluvion

86A. Bar on suits, etc, for certain period

87. Rights in land gained by accession from recess of river or sea

88. Transferability of holding of raiyats

89. Manner of transfer

90. Limitation of transfer of holding

91. Power of acquiring excess land devolved by inheritance

92. Extinguishment of interest of raiyats in certain cases

93. Restrictions on subletting

94. Transfer of encumbrances in certain cases

95. Limitation on mortgage of raiyat holdings

95A. Treatment of certain transaction as usufructuary mortgage

96. Right of pre-emption

97. Restriction on alienation of land by aboriginals

Chapter XIV

4PROVISIONS AS TO ASSESSMENT, ENHANCEMENT AND REDUCTION OF RENT

98. Revision of rents or raiyats and non-agricultural tenants

98A. Assessment or re-assessment of rent in certain cases

99. Order for determination of rent-rates and preparation of settlement rent-roll

100. Procedure in determining rent-rates

101. Preliminary and final publication of table of rent-rates and its confirmation by the prescribed superior Revenue Authority

102. Rate shown in the table to be the maximum rate

103. Particulars to form parts of record-of-rights

104. Duration of rent-rates

105. Grounds of and limits to enhancement of rent

106. Grounds for reduction of rent

106A. Grounds for reduction of rent

107. Settlement of fair and equitable rents

108. Preliminary publication and amendment of settlement rent-roll

109. Sanctioning final public of the settlement rent-roll and in corporation of the same in the record-of-rights

110. Appeal to and revision by superior Revenue Authority

111. Appeal to the Special Judge

111A. Correction of Mistakes and making alteration in rent-roll

112. Presumption to rents settled under this Chapter

113. Date from which settlement takes effect

114. Period for which rent as settled is to remain unaltered

115. Bar to jurisdiction of Civil Court

116. Amalgamation of holdings of a tenant in the same village

117. Subdivision of holding and restrictions thereon

118. [Omitted.]

119. Persons entitled to apply for consolidation of holding

120. Admission of application

121. Confirmation of agreed schemes for consolidation

122. Preparation of a scheme for consolidation and appointment of Advisory Committee

123. Draft publication of the scheme and hearing of objections

124. Appeals

125. Final confirmation of the scheme

126. Modification of the village record-of-rights on confirmation of the scheme and the date from which the scheme takes effect

127. Demarcation of the boundaries of holdings

128. Effect of final confirmation of scheme for consolidation and the rights of raiyats thereunder

129. Encumbrances on land included in the scheme for consolidation

130. No instrument necessary to effect transfer

131. Transfer of holding during the pendency of the proceedings for consolidation

132. Recovery of the cost of consolidation proceedings

133. Recovery of compensation as arrears of public demand

134. Bar to jurisdiction of Civil Courts

134A. Special provision for the district of Dinajpur

135. Instalment of rent

136. Time and place for payment of rent

137. Appropriation of payments

138. Raiyat making payment of his rent entitled to a receipt

139. Liability of holding to sale for arrears

140. Interest on arrears

141. Realisation of arrears of rent under the Bengal Public Demands Recovery Act, 1913

141A. Amounts paid into court to prevent Sale to be a mortgage demand in certain cases

142. Limitation

143. Maintenance of the record-of-rights

143A. [Omitted.]

143B. Correction of the Record-of Rights upon inheritance

143C. Procedure for Correction of the Record-of-Rights

144. Revision of the record-of-rights

144A. Presumption as to correctness of record of rights

144B. Bar to jurisdiction of civil court

145. Recovery of the cost of revision of record-of-rights

145A. Land Survey Tribunal

145B. Land Survey Appellate Tribunal

145C. Appeal to the Appellate Division

145D. Powers and procedure of Tribunals

145E. Finality of Tribunals’ decisions and orders

145F. Bar to jurisdiction of Civil Courts

145G. Power to abolish Tribunals, etc.

145H. Overriding effect

145I. Rule making power

146. Superintendence and control over Revenue-officers

147. Appeals

148. Limitation for appeals

149. Revision

150. Review by Revenue-officer

151. Computation of the period of limitation for appeals, applications for revision and review under this Act

151A. Exemption of rent in respect of certain land

151B. Re-assessment of rent on land exempted from payment thereof under section 151A

151C. Exemption of land revenue in respect of agricultural land in certain cases

151D. Compulsory filing of statements by heads of families holding more than twenty-five bighas of agricultural land

151E. Penalty for non-submission of statements or wilful supression of land

151F. Liability of exempted holdings for re-assessment in certain cases

151G. Compulsory submission of statement by head of the family acquiring land in certain cases

151H. Penalty for non-submission of statement or wilful suppression of land

151I. Exemption from payment of land revenue in case of decrease in area

151J. Definition of family and head of family

152. Power to make rules

Schedule

SCHEDULE