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THE STATE ACQUISITION AND TENANCY ACT, 1950

(EAST BENGAL ACT NO. XXVIII OF 1951).
  Part No : Chapter No : Section No: [ 16th May, 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 2
 
    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
 
PART I
CHAPTER I
PRELIMINARY
1. Short title and extent
2. Definitions
2A. Exemption
PART II
CHAPTER II
SPECIAL PROVISIONS FOR THE ACQUISITION OF THE INTERESTS OF CERTAIN RENT-RECEIVERS
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
PART III
CHAPTER III
SPECIAL PROVISIONS REGARDING LANDS HELD IN LIEU OF SERVICE.
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
PART IV
CHAPTER IV
PREPARATION OF RECORD-OF-RIGHTS
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
CHAPTER V
ASSESSMENT OF COMPENSATION AND ACQUISITION OF INTERESTS OF RENT-RECEIVERS AND OF CERTAIN OTHER INTERESTS
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
CHAPTER VA
SPECIAL PROVISIONS FOR PREPARATION OF COMPENSATION ASSESSMENT-ROLLS IN RESPECT OF PROPERTIES ACQUIRED UNDER CHAPTER II
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
3CHAPTER VI
AUTHORITIES FOR THE PREPARATION OF COMPENSATION ASSESSMENT-ROLL
47. Revenue and Judicial authorities
48. Appointments and powers
CHAPTER VII
REVISION OF THE COMPENSATION ASSESSMENT-ROLL AND THE DECISION OF DISPUTES WITH REGARD TO COMPENSATION
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
CHAPTER VIII
PAYMENT OF COMPENSATION
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
CHAPTER IX
PROVISIONS RELATING TO ARREARS OF REVENUE, RENT AND CESSES
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
4CHAPTER IXA
SPECIAL PROVISIONS RELATING TO ARREARS OF RENT
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
CHAPTER X
PROVISIONS RELATING TO INDEBTED RENT-RECEIVERS
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
CHAPTER XI
MISCELLANEOUS
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
PART V
CHAPTER XII
APPLICATION OF THIS PART AND CLASS OF AGRICULTURAL TENANTS
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
CHAPTER XIII
INCIDENTS OF HOLDINGS OF RAIYATS, AND TRANSFER, PURCHASE AND ACQUISITION OF LANDS
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
PROVISIONS 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
CHAPTER XV
AMALGAMATION, SUBDIVISION AND CONSOLIDATION OF HOLDINGS
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
CHAPTER XVI
PROVISIONS AS TO RENT AND REALISATION OF RENT
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
CHAPTER XVII
MAINTENANCE AND REVISION OF THE RECORD-OF-RIGHTS
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
5CHAPTER XVIIA
LAND SURVEY TRIBUNAL AND LAND SURVEY APPELLATE TRIBUNAL
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
CHAPTER XVIII
JURISDICTION, APPEAL, REVISION AND REVIEW
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
6CHAPTER XVIIIA
SPECIAL PROVISIONS FOR EXEMPTION OF RENT
151A. Exemption of rent in respect of certain land
151B. Re-assessment of rent on land exempted from payment thereof under section 151A
7CHAPTER XVIIIB
SPECIAL PROVISIONS FOR EXEMPTION OF LAND REVENUE IN RELATION TO AGRICULTURAL LAND
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
CHAPTER XIX
RULES
152. Power to make rules
SCHEDULE
 
 

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