In forceACT NO. XXVIII OF 1951 · 16th May, 1951
The State Acquisition and Tenancy Act, 1950 (East Bengal Act)
রাষ্ট্র অধিগ্রহণ ও প্রজাস্বত্ব আইন, ১৯৫০ (পূর্ববঙ্গ আইন)
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.♣♠
Contents
Part I · Chapter I PRELIMINARY
Part II · Chapter II SPECIAL PROVISIONS FOR THE ACQUISITION OF THE INTERESTS OF CERTAIN RENT-RECEIVERS
- Section 3Acquisition of the interest of certain rent-receivers and consequences thereof
- Section 3AService of notice for furnishing return before notification
- Section 4Service of notice to furnish returns, etc. and penalty for non-compliance
- Section 5Determination of rent khas lands of rent-receivers
- Section 6Ad interim payment
- Section 6AAd interim payment of respect of trust properties
- Section 7Appeal
- Section 8Payment and recovery of fines imposed under this Chapter
- Section x12[Omitted.]Repealed
- Section 10Exemption of ad interim payments from attachments
- Section 10ASpecial 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.
Part IV · Chapter IV PREPARATION OF RECORD-OF-RIGHTS
- Section 17Preparation of record-of-rights
- Section 18Particulars to be recorded in the record-of-rights
- Section 19Draft and final publication of the record-of-rights
- Section 20Lands to be retained in the possession of rent-receivers, cultivating raiyats, cultivating under-raiyats and non-agricultural tenants
- Section 21Payment of rent for land retained in possession
- Section 22All lands to be liable to fair and equitable rent determined under this Chapter
- Section 23Determination of fair and equitable rents of khas lands
- Section 24Determination of fair and equitable rents of raiyats and under-raiyats
- Section 25Determination of fair and equitable rents of non-agricultural tenants
- Section 25AEnhancement and assessment of rent in certain cases
- Section 26Assessment of rent for rent-free land
- Section 27Creation of separate holdings or tenancies in certain cases
- Section 28Assessment of rents of service tenancies
- Section 29Effect of rents settled under this Chapter
- Section 30Bar to jurisdiction of Civil Court
- Section 31Preparation of Compensation Assessment roll on the basis of the existing-record-of-rights
Part IV · Chapter V ASSESSMENT OF COMPENSATION AND ACQUISITION OF INTERESTS OF RENT-RECEIVERS AND OF CERTAIN OTHER INTERESTS
- Section 32Interpretation
- Section 33Order for the preparation of a compensation Assessment-roll
- Section 34Separate treatment of proprietors, tenure-holders and other rent-receivers in assessment and payment of compensation
- Section 35Calculation of gross assets and net income of rent-receivers
- Section 36Net income of a recusant proprietor
- Section 36ANet income of a recipient of Sair Compensation allowance
- Section 37Rates of compensation for rent-receiving interests
- Section 38Preparation of Compensation Assessment-roll in respect of a rent-receiver having interests in more than one area
- Section 39Rates of compensation for khas lands
- Section 40Preliminary publication of Compensation Assessment-roll
- Section 41Appeal to superior Revenue Authority
- Section 42Final publication of the Compensation Assessment-roll
- Section 43Certificate and presumption as to final publication of Compensation Assessment-roll
- Section 44Acquisition 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
- Section 45Proclamation by the Revenue-officer
- Section 46Printing and distribution of record-of-rights
Part IV · Chapter VA SPECIAL PROVISIONS FOR PREPARATION OF COMPENSATION ASSESSMENT-ROLLS IN RESPECT OF PROPERTIES ACQUIRED UNDER CHAPTER II
- Section 46APreparation of Compensation Assessment-roll in special cases
- Section 46BBar to jurisdiction of Civil Court
- Section 46CApplication of the provisions of sections 34 to 43 in the preparation of Compensation Assessment-roll under Chapter VA
- Section 46DNet income of a recusant proprietor under Chapter VA
- Section 46EConsequences of final publication of Compensation Assessment-roll under Chapter VA
Part IV · Chapter VI AUTHORITIES FOR THE PREPARATION OF COMPENSATION ASSESSMENT-ROLL
Part IV · Chapter VII REVISION OF THE COMPENSATION ASSESSMENT-ROLL AND THE DECISION OF DISPUTES WITH REGARD TO COMPENSATION
- Section 49Revision of Compensation Assessment-roll
- Section 50Correction by Revenue-Officers of bona fide mistakes
- Section 51Appeal to the Special Judge
- Section 52Statement of case by Special Judge to the High Court
- Section 53Appeal to the Special Judge
- Section 54Correction of the Compensation Assessment-roll
- Section 55Application of the Civil Procedure Code to appeals before and inquiries by a Special Judge
- Section 56Bar to raising of certain issues
Part IV · Chapter VIII PAYMENT OF COMPENSATION
- Section 57Limits of and amount payable as compensation
- Section 58Manner of payment of compensation
- Section 59Money or bonds deposited in respect of estates, tenures, holdings or lands belonging to persons incompetent to alienate
- Section 60Dispute as to title or apportionment
- Section 60ACertain sections not applicable to future acquisition
Part IV · Chapter IX PROVISIONS RELATING TO ARREARS OF REVENUE, RENT AND CESSES
- Section 61Definition of arrears
- Section 62Payment and realisation of arrears
- Section 63Provision regarding Pending suits and proceedings
- Section 64Realisation of arrears in respect of lands held by tenants under Government
- Section 65Sale of lands held by tenants under Government for arrears
- Section 66Power to grant instalments and stay execution
- Section 67Payment to outgoing rent-receivers
- Section 68Computation of the period of limitation
Part IV · Chapter IXA SPECIAL PROVISIONS RELATING TO ARREARS OF RENT
- Section 68AApplication of this Chapter
- Section 68BTransitory Provisions in respect of pending cases before the Certificate Officer
- Section 68CArrears of rent and cesses due to a rent-receiver and decrees for such arrears
- Section 68DOption to have arrears collected Government on certain conditions
- Section 68EComputation of the period of limitation
Part IV · Chapter X PROVISIONS RELATING TO INDEBTED RENT-RECEIVERS
Part IV · Chapter XI MISCELLANEOUS
- Section 72Bar to jurisdiction of Civil Courts in certain matters
- Section 73Power to enter upon land, to make survey, etc.
- Section 74Power to compel production of statements and documents
- Section 75Power to enforce attendance of witnesses and production of documents
- Section 75AProhibition of subletting
- Section 75BFees for application for enquiry
- Section 76Settlement and use of land vested in the Government
- Section 76ACreation of separate estate and apportionment of revenue
- Section 76BRecovery of advance rent or bid money realised by outgoing rent-receivers
- Section 77Protection of action taken under this Act
- Section 77ADelegation of the powers of the Government
- Section 78Power to make rules
Part V · Chapter XII APPLICATION OF THIS PART AND CLASS OF AGRICULTURAL TENANTS
Part V · Chapter XIII INCIDENTS OF HOLDINGS OF RAIYATS, AND TRANSFER, PURCHASE AND ACQUISITION OF LANDS
- Section 83Rights of raiyat in respect of use of land
- Section 84Devolution of holding on the death of a raiyat
- Section 85Ground for eviction of raiyats
- Section 86Abatement of rent on account of diluvion and determination of right in land re-appeared on account of alluvion
- Section 86ABar on suits, etc, for certain period
- Section 87Rights in land gained by accession from recess of river or sea
- Section 88Transferability of holding of raiyats
- Section 89Manner of transfer
- Section 90Limitation of transfer of holding
- Section 91Power of acquiring excess land devolved by inheritance
- Section 92Extinguishment of interest of raiyats in certain cases
- Section 93Restrictions on subletting
- Section 94Transfer of encumbrances in certain cases
- Section 95Limitation on mortgage of raiyat holdings
- Section 95ATreatment of certain transaction as usufructuary mortgage
- Section 96Right of pre-emption
- Section 97Restriction on alienation of land by aboriginals
Part V · Chapter XIV PROVISIONS AS TO ASSESSMENT, ENHANCEMENT AND REDUCTION OF RENT
- Section 98Revision of rents or raiyats and non-agricultural tenants
- Section 98AAssessment or re-assessment of rent in certain cases
- Section 99Order for determination of rent-rates and preparation of settlement rent-roll
- Section 100Procedure in determining rent-rates
- Section 101Preliminary and final publication of table of rent-rates and its confirmation by the prescribed superior Revenue Authority
- Section 102Rate shown in the table to be the maximum rate
- Section 103Particulars to form parts of record-of-rights
- Section 104Duration of rent-rates
- Section 105Grounds of and limits to enhancement of rent
- Section 106Grounds for reduction of rent
- Section 106AGrounds for reduction of rent
- Section 107Settlement of fair and equitable rents
- Section 108Preliminary publication and amendment of settlement rent-roll
- Section 109Sanctioning final public of the settlement rent-roll and in corporation of the same in the record-of-rights
- Section 110Appeal to and revision by superior Revenue Authority
- Section 111Appeal to the Special Judge
- Section 111ACorrection of Mistakes and making alteration in rent-roll
- Section 112Presumption to rents settled under this Chapter
- Section 113Date from which settlement takes effect
- Section 114Period for which rent as settled is to remain unaltered
- Section 115Bar to jurisdiction of Civil Court
Part V · Chapter XV AMALGAMATION, SUBDIVISION AND CONSOLIDATION OF HOLDINGS
- Section 116Amalgamation of holdings of a tenant in the same village
- Section 117Subdivision of holding and restrictions thereon
- Section 118[Omitted.]Repealed
- Section 119Persons entitled to apply for consolidation of holding
- Section 120Admission of application
- Section 121Confirmation of agreed schemes for consolidation
- Section 122Preparation of a scheme for consolidation and appointment of Advisory Committee
- Section 123Draft publication of the scheme and hearing of objections
- Section 124Appeals
- Section 125Final confirmation of the scheme
- Section 126Modification of the village record-of-rights on confirmation of the scheme and the date from which the scheme takes effect
- Section 127Demarcation of the boundaries of holdings
- Section 128Effect of final confirmation of scheme for consolidation and the rights of raiyats thereunder
- Section 129Encumbrances on land included in the scheme for consolidation
- Section 130No instrument necessary to effect transfer
- Section 131Transfer of holding during the pendency of the proceedings for consolidation
- Section 132Recovery of the cost of consolidation proceedings
- Section 133Recovery of compensation as arrears of public demand
- Section 134Bar to jurisdiction of Civil Courts
- Section 134ASpecial provision for the district of Dinajpur
Part V · Chapter XVI PROVISIONS AS TO RENT AND REALISATION OF RENT
- Section 135Instalment of rent
- Section 136Time and place for payment of rent
- Section 137Appropriation of payments
- Section 138Raiyat making payment of his rent entitled to a receipt
- Section 139Liability of holding to sale for arrears
- Section 140Interest on arrears
- Section 141Realisation of arrears of rent under the Bengal Public Demands Recovery Act, 1913
- Section 141AAmounts paid into court to prevent Sale to be a mortgage demand in certain cases
- Section 142Limitation
Part V · Chapter XVII MAINTENANCE AND REVISION OF THE RECORD-OF-RIGHTS
- Section 143Maintenance of the record-of-rights
- Section 143A[Omitted.]Repealed
- Section 143BCorrection of the Record-of Rights upon inheritance
- Section 143CProcedure for Correction of the Record-of-Rights
- Section 144Revision of the record-of-rights
- Section 144APresumption as to correctness of record of rights
- Section 144BBar to jurisdiction of civil court
- Section 145Recovery of the cost of revision of record-of-rights
Part V · Chapter XVIIA LAND SURVEY TRIBUNAL AND LAND SURVEY APPELLATE TRIBUNAL
- Section 145ALand Survey Tribunal
- Section 145BLand Survey Appellate Tribunal
- Section x184[Omitted]Repealed
- Section 145DPowers and procedure of Tribunals
- Section 145EFinality of Tribunals decisions and orders
- Section 145FBar to jurisdiction of Civil Courts
- Section 145GPower to abolish Tribunals, etc.
- Section 145HOverriding effect
- Section 145IRule making power
Part V · Chapter XVIII JURISDICTION, APPEAL, REVISION AND REVIEW
Part V · Chapter XVIIIA SPECIAL PROVISIONS FOR EXEMPTION OF RENT
Part V · Chapter XVIIIB SPECIAL PROVISIONS FOR EXEMPTION OF LAND REVENUE IN RELATION TO AGRICULTURAL LAND
- Section 151CExemption of land revenue in respect of agricultural land in certain cases
- Section 151DCompulsory filing of statements by heads of families holding more than twenty-five bighas of agricultural land
- Section 151EPenalty for non-submission of statements or wilful supression of land
- Section 151FLiability of exempted holdings for re-assessment in certain cases
- Section 151GCompulsory submission of statement by head of the family acquiring land in certain cases
- Section 151HPenalty for non-submission of statement or wilful suppression of land
- Section 151IExemption from payment of land revenue in case of decrease in area
- Section 151JDefinition of family and head of family