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01/03/2024
The State Acquisition and Tenancy Act, 1950 (East Bengal Act)

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

( ACT NO. XXVIII OF 1951 )

Chapter XVII

MAINTENANCE AND REVISION OF THE RECORD-OF-RIGHTS

Maintenance of the record-of-rights
143. The Collector shall maintain up-to-date, in the prescribed manner, the record-of-rights prepared or revised under Part IV or under this Part by correcting clerical mistakes and by incorporating therein the changes on account of-
 
 
 
 
(a) the mutation of names as a result of transfer or inheritance;
 
 
 
 
(b) the subdivision, amalgamation or consolidation of holdings;
 
 
 
 
(c) the new settlement of lands or of holdings purchased by the Government; and
 
 
 
 
(d) the abatement of rent on account of abandonment or diluvion or acquisition of land.
[Omitted.]
143A. [Omitted by section 2 of the State Acquisition and Tenancy (Amendment) Ordinance, 1975 (Ordinance No. XLIV of 1975).]
Correction of the Record-of Rights upon inheritance
1[143B. (1) Person acquiring immovable property by inheritance according to their respective personal laws shall amicably effect partition of the property among them after the death propositus. After such partition, an instrument of partition shall be prepared and signed by all the concerned parties and shall be registered under the Registration Act, 1908.
 
 
 
 
(2) Upon presentation of the instrument of partition prepared, signed and registered under sub-section (1), the Revenue-officer shall revise the Khatian in accordance therewith.
Procedure for Correction of the Record-of-Rights
143C. (1) The Revenue-officer on receipt of the notice under section 89 shall open a file for mutation of record-of rights and shall issue notice to the co-sharers of the holding for mutation.
 
 
 
 
(2) For this purpose the Revenue-officer shall fix a date for objection if any. If no objection is raised within the stipulated period, the Revenue-officer shall correct the record-of-rights accordingly.
 
 
 
 
(3) If any objection is filed by any co-sharer of the holding, then the Revenue-officer shall fix a date for hearing both the parties, and after hearing, the Revenue-officer shall pass an order stating the reasons thereof, and the record-of-rights shall be corrected accordingly.]
Revision of the record-of-rights
144. (1) The Government may in any case if it thinks fit make an order directing that a record-of-rights in respect of any district, part of a district or local area be prepared or revised by a Revenue-officer in accordance with such rules as may be made by the Government in this behalf.
 
 
 
 
(2) In particular, and without prejudice to the generality of the foregoing power, the Government may make such order in any of the following cases, namely:-
 
 
 
 
(a) where not less than one-half of the total number of tenants applies for such an order;
 
 
 
 
(b) where the preparation or revision of such a record is calculated to settle or avert a serious dispute existing or likely to arise amongst the tenants; and
 
 
 
 
(c) where a settlement of rent is being or about to be made in respect of any district, part of a district or local area.
 
 
 
 
(3) A notification in the official Gazette of an order under sub-section (1) shall be conclusive evidence that the order has been duly made.
 
 
 
 
(4) When an order is made under sub-section (1), the Revenue-officer shall record in the record-of-rights to be prepared or revised in pursuance of such order such particulars as may be prescribed.
 
 
2[(4A) (i) Notwithstanding anything contained elsewhere in this Act, the Revenue-officer shall also assess or re-assess rent on land in the following cases, namely:-
 
 
 
 
(a) where any land held by a raiyat or non-agricultural tenant has not been assessed to any rent under Chapter IV or section 98A, nor has any rent been settled in respect of such land under section 107; or
 
 
 
 
(b) where any land assessed to rent as agricultural land under any of the provisions mentioned in clause (a), is subsequently used for a non-agricultural purpose or vice versa.
 
 
 
 
In assessing or re-assessing any rent under this sub-section, the Revenue-officer shall have regard to the principles laid down in section 26.
 
 
 
 
(ii) Where only a part of a holding is used for non-agricultural purpose, the Revenue-officer shall take action on the principles laid down in sub-section (3) of section 98A.]
 
 
 
 
(5) When a record-of-rights has been prepared or revised so as to contain or include therein the particulars referred to in sub-section (4) 3[and the rents assessed or re-assessed under sub-section (4A)], the Revenue-officer shall publish a draft of the record-of-rights so prepared or revised in the prescribed manner and for the prescribed period and shall receive and consider any objections which may be made to any entry therein or to any omission therefrom during the period of such publication.
 
 
 
 
(6) Any person aggrieved by an order passed by the Revenue-officer on any objection made under sub-section (5) may prefer an appeal to the prescribed Revenue Authority not below the rank of an Assistant Settlement Officer in such manner and within such period as may be prescribed.
 
 
(7) When all such objections and appeals have been considered and disposed of according to such rules as the Government may make in this behalf, the Revenue-officer shall finally frame the record and shall cause such record to be finally published in the prescribed manner and the publication shall be conclusive evidence that the record has been duly prepared or revised under this section.
 
 
 
 
(8) When a record-of-rights has been finally published under sub-section (7), the Revenue-officer shall, within such time as the 4[Director of Land Records and Surveys] may fix in this behalf, make a certificate stating the fact of such final publication and the date thereof and shall date and subscribe the same with his name and official title.
Presumption as to correctness of record of rights
5[144A. Every entry in a record-of-rights prepared or revised under section 144 shall be evidence of the matter referred to in such entry, and shall be presumed to be correct until it is proved by evidence to be incorrect.
Bar to jurisdiction of civil court
144B. (1) When an order has been made under sub-section (1) of section 144 directing the preparation or revision of record-of-rights in respect of any area, then, subject to the provisions of section 111, a civil court shall not entertain any suit or application for the alteration of any rent or determination of the status of any tenant of the incidents of any tenancy in such area and if any such suit or application relating to such area is pending before a civil court on or after the date of such order, it shall not be further proceeded with and shall abate and if any judgement, decree or order has been passed in any such suit or any order has been passed on any such application, after the said date, it shall be inoperative and of no legal effect.
 
 
 
 
(2) No suit or application shall be brought in a civil court in respect of any order directing the preparation or revision of record-of-rights under this Chapter or in respect of framing, publication, signing or attestation of such a record or a ny part of it, and if any such suit or application is pending before a civil court, it shall not be further proceeded with and shall abate and if any judgment, decree or order has been passed in any such suit or any order has been passed on any such application, it shall be inoperative and of no legal effect.]
Recovery of the cost of revision of record-of-rights
145. (1) Where the preparation or revision of a record-of-rights has been directed under this Chapter in respect of any district, part of a district or local area, the expenses incurred in respect of such preparation of revision shall be recoverable from the raiyat and other occupants of land in such proportions and in such instalments, if any, as the Government, having regard to all the circumstances, may determine:
 
 
 
 
Provided that no part of these expenses shall be recoverable from the raiyats and other occupants in the case where the preparation or revision of the record-of-rights has been undertaken under clause (c) of sub-section (2) of section 144 with a view to settlement of fair and equitable rents of such raiyats under the provisions of Chapter XIV.
 
 
 
 
(2) The portion of the aforesaid expenses which any person is liable to pay under sub-section (1) shall be recoverable by the Government as if it were an arrear of rent due in respect of the holding or other interest, as the case may be, of such person, situated within the said district, part of a district or local area.

  • 1
    Section 143B and 143C were added by section 3 of the State Acquisition and Tenancy (Amendment) Act, 2006 (Act No. XXXIX of 2006)
  • 2
    Sub-section (4A) was added by section 7 of East Pakistan Ordinance No. I of 1971
  • 3
    The words, brackets, figure and letter “and the rents assessed or re-assessed under sub-section (4A)” were inserted by section 7 of the East Pakistan Ordinance No. I of 1971
  • 4
    The words “Director of Land Records and Surveys” were substituted for the words “Board of Revenue” by Article 3 and the Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President’s Order No. 12 of 1973)
  • 5
    Sections 144A and 144B were inserted by section 14 of the State Acquisition and Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. VIII of 1967)
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