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12/07/2024
Laws of Bangladesh

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

( ACT NO. XXVIII OF 1951 )

Chapter XII

APPLICATION OF THIS PART AND CLASS OF AGRICULTURAL TENANTS

Interpretation

82. In this Part,-

 
 
 
 

(1) “bona fide cultivator” means a person who cultivates lands by himself or by members of his family or by, or with the aid of, servants or labourers or with the aid of partners or bargadars, and also includes an agricultural labourer;

 
 
 
 

(2) “raiyat” means a person who, by virtue of section 44 or otherwise, has acquired a right to hold land directly under the Government mainly for the purpose of cultivating it by himself or by members of his family or by, or with the aid of, servants or labourers or with the aid of partners or bargadars, and includes also the successors-in-interest of persons who have acquired such a right;

 
 
 
 

(3) the family of a raiyat includes all persons living in the same mess with him and dependent upon him but does not include any servant or labourer ;

 
 
 
 

1[* * *]

 
 

(7) except when expressly provided otherwise, 'transfer' includes a transfer by private sale, mortgage, gift or any contract or agreement; and

 
 
 
 

(8) on and from the date of coming into force of the whole of this Part in any area, the word 'malik' shall be deemed to have been substituted for the word raiyat or 'tenant' and the word 'land revenue' shall be deemed to have been substituted for the word 'rent' wherever they occur in this Part in relation to agricultural land, for the purpose of application of the provisions of this Part to such area and where by the terms of any lease, kabuliyat, contract or other agreement, rent is payable to the Government, it shall be realisable as if it were land revenue.

 
 
 
 

Explanation.- Where a tenant of land has the right to bring it under cultivation, he shall be deemed to have acquired a right to hold it for the purpose of cultivation, notwithstanding that he uses it for the purpose of gathering the produce of it or of grazing cattle on it.


  • 1
    Clause (4), (5) and (6) were omitted by section 3 of the East Bengal State Acquisition and Tenancy (Amendment) Act, 1964 (East Pakistan Act No. XVII of 1964)
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