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 Copyright © 2010, Legislative and Parliamentary Affairs Division Ministry of Law, Justice and Parliamentary Affairs
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