The state acquisition and tenancy act, 1950




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Provided that no such re-assessment shall be made unless not less than fifteen days' notice has been given to the persons concerned to appear and be heard in the matter.
(2) Any person aggrieved by an order of the Deputy Commissioner under sub-section (1) may, within thirty days from the date of such order, prefer an appeal to the 98[ Commissioner of the Division].
99[ (2a) Any person aggrieved by an order of the Commissioner of the Division under sub-section (2) may, within sixty days from the date of such order make an application to the 100[ Board of Land Administration for the revision of such order and the order of that Board shall be final.]
101[ * * *]
(4) The rent re-assessed under this section shall be payable from the beginning of the agricultural year next after the date of such re-assessment.]

102 CHAPTER XVIIIB


SPECIAL PROVISIONS FOR EXEMPTION OF LAND REVENUE IN RELATION TO AGRICULTURAL LAND

Exemption of land revenue in respect of agricultural land in certain cases

151C. Notwithstanding anything contained elsewhere in this Act and subject to the provisions of this Chapter, where the total area of agricultural land held in Bangladesh by a family does not exceed twenty-five standard bighas, such family shall be exempted from payment of land revenue in respect of such lands with effect from the first Baisakh of 1379 B. S. or from such date as it may be entitled to such exemption under section 151I, as the case may be:
Provided that a family holding a total area of agricultural land exceeding twenty-five standard bighas on the 16th day of December, 1971, shall not be entitled to claim any exemption from payment of land revenue as a result of decrease in the total area to twenty-five standard bighas or less due to any transfer made during the period from the 16th day of December, 1971, to the last date for submission of the statement under section 151D:
Provided further that exemption from payment of land revenue under this section or under section 151I shall not absolve any person from the liability of payment of the Development and Relief Tax under the Finance (Third) Ordinance, 1958 (E.P. Ord. LXXXII of 1958), the Additional Development and Relief Tax under the Finance Ordinance, 1970 (E.P. Ord. XVI of 1970), the Education Cess under the Bengal (Rural) Primary Education Act, 1930 (Ben. Act VII of 1930) and the Local Rate under the Basic Democracies Order, 1959 (P.O. 8 of 1959), payable on the basis of land revenue and such other taxes, rates and cesses as may be payable under any other law for the time being in force.

Compulsory filing of statements by heads of families holding more than twenty-five bighas of agricultural land

151D. 103[ By the 31st day of January, 1973] all heads of families, who either individually or with other members of their families held or hold more than twenty-five standard bighas of agricultural lands in Bangladesh on the 16th day of December, 1971, or on the date of submission of the statement, shall submit to the Revenue-officer a statement of all such lands in such form and manner as may be prescribed 104[ :
Provided that the Government may extend the time for submission of such statements in all cases or in any particulars case or class of cases or in respect of any area up to such date as it thinks fit.]

Penalty for non-submission of statements or wilful supression of land

151E. Any head of a family, who fails, without any reasonable cause, to submit the statement required under section 151D within the specified time or wilfully makes any omission from, or incorrect declaration in, the statement submitted by him under the said section, shall be liable to a fine which may extend to taka one thousand, and the land for which no statement has been filed or which has been omitted from the statement or in respect of which the incorrect declaration is made shall stand forfeited to the Government:
Provided that where the failure to submit the statement or the omission from, or incorrect declaration in, the statement relates to any land transferred by any member of the family on or after the 16th day of December, 1971, such land shall not be forfeited but an equivalent quantity of land out of the lands actually held by any member or members of the family shall be forfeited in lieu thereof.

Liability of exempted holdings for re-assessment in certain cases

151F. If any person who is exempted from payment of land revenue under section 151C subsequently acquires at any time agricultural land by inheritance, purchase, gift, heba or otherwise which, added to the total quantity of agricultural land already held by him and other members of his family, exceeds twenty-five standard bigahs in the aggregate, the entire quantity of agricultural land held by him and the other members of his family shall be liable to the payment of land revenue with effect from the following dates, namely:-
(i) in case of acquisition before the first day of Kartik of the Bengali year, with effect from the first day of Kartik of that year; and
(ii) in case of acquisition on or after the first day of Kartik of the Bengali year, from the first day of the Bengali year next following the date of such acquisition.

Compulsory submission of statement by head of the family acquiring land in certain cases

151G. A head of a family, who, or any of the members of whose family, acquires agricultural land making the entire quantity of agricultural land held by such family liable to the payment of land revenue under section 151F, shall, within ninety days of the date of such acquisition, submit to the Revenue-officer a statement of all agricultural lands held by him and the other members of his family in such form and manner as may be prescribed.

Penalty for non-submission of statement or wilful suppression of land

151H. A head of a family, who fails to submit a statement under section 151G within the specified time or wilfully makes any omission from, or incorrect declaration in, the statement submitted by him under the said section, shall be liable to a fine which may extend to taka one thousand and the land for which no statement has been filed or which has been omitted from the statement or in respect of which the incorrect declaration is made shall stand forfeited to the Government.

Exemption from payment of land revenue in case of decrease in area

151I. Where the total area of agricultural land held by a family liable to the payment of land revenue decreases after the submission of the statement under section 151D or section 151G to twenty-five standard bighas or less due to inheritance or bone fide transfer, the head of such family may apply, in the prescribed form, praying for exemption from payment of land revenue, to the Revenue-officer stating the dates and reasons for such decrease, and the Revenue-officer shall, on being satisfied about the statement made in the application after making such enquiry as he deems fit, pass an order allowing such exemption with effect from the following dates, namely:-
(i) in case the application is made before the first day of Kartik of the Bengali year, with effect from the first day of Kartik of that year; and
(ii) in case the application is made on or after the first day of Kartik of the Bengali year, from the first day of the Bengali year next following the date of such application.

Definition of family and head of family

105[ 151J. For the purpose of this Chapter-

a) “family” in relation to a person includes such person and his wife, son, unmarried daughter, son's wife, son's son and son's unmarried daughter:


Provided that an adult and married son who has been living in a separate mess independently of his parents continuously since 106[ * * *] before the 16th day of December, 1971, and his wife, son and unmarried daughter shall be deemed to constitute a separate family:
Provided further that in the cases of lands held under wakf, wakf-al-al-aulad, debuttar or any other trust where the beneficiaries have no right to alienate such lands as their personal property, all such beneficiaries together shall be deemed to constitute a separate family in relation to such land; and
(b) “head of a family” means-
(i) in cases other than those mentioned in the second proviso to clause (a) the person, male or female, in relation to whom a family is determined by the Revenue-officer in the prescribed manner, and
(ii) in the cases mentioned in the second proviso to clause (a), the Mutawalli, Sebait or Trustee, as the case may be.]]

CHAPTER XIX


RULES

Power to make rules



152. (1) The Government may, after previous publication, make rules for carrying out the purposes of this Part.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the form of the application referred to in sub-section (1) of section 86 and the manner of and procedure for determining the amount of abatement referred to in that sub-section;
107[ * * *]
(c) the form of the notice referred to in clause (a) of sub-section (1) and sub-section (4) of section 89 and the amounts of process fees referred to therein;
(d) the Revenue Authority referred to in sub-sections (3) and (4) of section 90;
(e) the form of the notice referred to in clause (b) of sub-section (1) of section 92 and the manner in which and the period within which such notice is to be given, and the manner of publication of the notice referred to in sub-section (3) of that section;
(f) the manner of selection of land by the Revenue-officer for transferring encumbrances under section 94;
(g) the procedure to be followed and the power to be exercised by Revenue-officers in determining the rent-rates referred to in clause (a) of sub-section (1) of section 99, and the form of a table of rent-rates under that clause, the manner of preparing such table and the particulars to be specified therein;
(h) the form of a settlement rent-roll under clause (b) of sub-section (1) of section 99, the manner of preparing the same and the particulars to be specified therein;
(i) the manner of determining the normal yield per acre of land referred to in clause (b) of sub-section (2) and in sub-section (3) of section 100;
(j) the manner of determining the average rate of rent referred to in clause (f) of sub-section (2) and in sub-section (3) of section 100;
(k) the manner and period of publication of a draft table of rent-rates under sub-section (1) of section 101 and the Revenue Authority referred to in sub-section (3) of that section;
(l) the manner and period of publication of a draft settlement rent-roll under sub-section (1) of section 108, and the disposal of objections under that sub-section;
(m) the confirming authority referred to in sub-section (1) of section 109 and the manner of final publication of the settlement rent-roll under sub-section (3) of that section;
(n) the superior Revenue Authority referred to in sub-section (1) of section 110;
(o) the manner of presenting an appeal referred to in sub-section (1) of section 111;
108[ * * *]
(q) the form of the application referred to in sub-section (1) of section 119;
(r) the manner of making the inquiry referred to in sub-section (1) of section 120, the superior Revenue Authority to whom the application referred to in that sub-section is to be submitted by the Revenue-officer and the procedure to be followed in dealing with the applications referred to in sub-section (2) of that section;
(s) the manner of preparation of the scheme for consolidation of holdings referred to in sub-section (1) of section 122 and the appointment and constitution of the Advisory Committee referred to in sub-section (2) of that section;
(t) the manner and period of publication of a draft scheme for consolidation of holdings under sub-section (1) of section 123 and the disposal of objections under that sub-section;
(u) the period within which and the manner in which an appeal under sub-section (1) of section 124 and a second appeal under sub-section (2) of that section shall be presented and the superior Revenue Authority referred to in sub-section (1) of that section;
(v) the manner of assessment of the cost of proceedings for consolidation of holdings referred to in sub-section (1) of section 132 and the recovery of such cost under that sub-section;
(w) the dates of payment of instalments of rent referred to in sub-section (1) of section 135;
(x) the manner of payment or tender of rent by postal money order under section 136;
(y) the form of the written receipt referred to in section 138;
(z) the procedure to be followed in recovering arrears of rent under section 141;
(za) the manner in which the record-of-rights referred to in section 143 shall be maintained up-to-date;
(zb) the procedure to be followed and the powers to be exercised by Revenue-officers in revising the record-of-rights under section 144.

1 Throughout this Act, the word “Bangladesh” was substituted for the words “East Pakistan” by Article 5 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President's Order No. 48 of 1972).


2 Throughout this Act, the word “Government” was substituted for the words “Provincial Government” by Article 8 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President's Order No. 48 of 1972)
3 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President's Order No. 48 of 1972)
4 Clause (9a) was inserted and the existing clause (9a) was renumbered as clause (9b) by section 3 of the East Bengal State Acquisition and Tenancy (Third Amendment) Ordinance, 1961 (East Pakistan Ordinance No. XV of 1961)
5 Clause (9b) was inserted by section 3 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956 (East Bengal Ordinance III of 1956) was renumbered as clause (9b) by of the East Bengal State Acquisition and Tenancy (Third Amendment) Ordinance, 1961 (East Bengal Ordinance No. XV of 1961)
6 Clause (16a) was inserted by section 3 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1960 (East Pakistan Ordinance No.XII of 1960)
7 Clause (18a) was inserted by section 3 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1958 (East Pakistan Ordinance No. XLIV of 1958)
8 Section 2A was inserted by section 4 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1958 (East Pakistan Ordinance No. XLIV of 1958)
9 Sub-section (2a) was inserted by section 4 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956 (East Bengal Ordinance No. III of 1956)
10 Clause (dd) was inserted by section 3 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1959 (East Pakistan Ordinance No. XXXIX of 1959)
11 Clauses (ff) with the proviso was inserted by section 5 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1958 (East Pakistan Ordinance No. XLIV of 1958)
12 The words, figures, brackets, commas, semi-colon within the square were substituted for the words, figures and colon “under Chapter IV:” by section 3 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1959 (East Pakistan Ordinance No. IV of 1959)
13 The words brackets, comma and letters “clauses (e), (f) and (ff)” were substituted for the words brackets and letters “clauses (e) and (f)” by section 5(3) of the East Pakistan Ordinance XLIV of 1958
14 The words and commas “may, without prejudice to may other mode of recovery,” were substituted for the word “shall” by section 4 of the East Bengal State Acquisition and Tenancy (Second Amendment) Act, 1952 (East Bengal Act No. VI of 1952)
15 Sub-section (4a) was inserted by section 2 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1961 (East Pakistan Ordinance No. III of 1961)
16 Section 3A was inserted by section 5 of the East Bengal State Acquisition and Tenancy (Second Amendment) Act, 1952 (East Bengal Act No. VI of 1952)
17 Sub-section (4a) was inserted by section 3 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1961 (East Pakistan Ordinance No. XIV of 1961)
18 Section 6A was inserted by section 9 of the East Bengal State Acquisition and Tenancy (Second Amendment) Act, 1952 (East Bengal Act No. VI of 1952)
19 Section 10A was inserted by section 2 of the East Bengal State Acquisiton and Tenancy (Amendment) Ordinance, 1960 (East Pakistan Ordinance No. IX of 1960)
20 Sub-section (2a) was substituted for the explanation by section 6 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1960 (East Pakistan Ordinance No. XII of 1960)
21 Sub-section (4A) was inserted by section 4 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1959 (East Pakistan Ordinance No. XXXIX of 1959).
22 Sub-section (4B) was added by section 2 of East Pakistan Ordinance No. I of 1971
23 Section 25A was inserted by section 12 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1958 (East Pakistan Ordinance No. XLIV of 1958)
24 Section 36A was inserted by section 3 of the East Pakistan Ordinance No. I of 1971
25 Clause (6a) was inserted by section 5 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1959 (East Pakistan Ordinance No. XXXIX of 1959)
26 Chapter VA was inserted by section 15 of the East Bengal State Acquisition and Tenancy (Second Amendment) Act, 1952 (East Bengal Act No. VI of 1952).
27 Section 60A was added by section 14 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956 (East Bengal Ordinance No. III of 1956)
28 The words “Assistant Judge” were substituted for the word “Munsif” by section 3 of the Civil Courts (Amendment) Act, 1987 (Act No. XIV of 1987)
29 The words “Assistant Judge” were substituted for the word “Munsif” by section 3 of the Civil Courts (Amendment) Act, 1987 (Act No. XIV of 1987)
30 Chapter IXA was substituted by section 20 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1958 (East Pakistan Ordinance No. XLIV of 1958).
31 Sub-section (1a) was added by section 17 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956 (East Bengal Ordinance No. III of 1956)
32 Sub-section (1b) was inserted by section 4 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1959 (East Pakistan Ordinance No. IV of 1959)
33 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President's Order No. 48 of 1972)
34 Section 75A was inserted by section 13 of the East Bengal State Acquisition and Tenancy (Amendment) Act, 1954 (East Bengal Act No. XII of 1954)
35 Section 75B was added by section 18 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956 (East Bengal Ordinance No. III of 1956)
36 Section 76A was inserted by section 14 of the East Bengal State Acquisition and Tenancy (Amendment) Act, 1954 (East Bengal Act No. XII of 1954)
37 Section 76B was added by section 20 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956 (East Bengal Ordinance No. III of 1956)
38 Section 77A was inserted by section 5 of the East Bengal State Acquisition and Tenancy (Third Amendment) Ordinance, 1961 (East Pakistan Ordinance No. XV of 1961)
39 Clause (g) was omitted by section 4 of the East Bengal State Acquisition and Tenancy (Amendment) Act, 1964 (East Pakistan Act VI of 1964)
40 Section 81A was inserted by section 6 of the State Acquisition and Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. VIII of 1967)
41 Section 81B was inserted by section 4 of the East Pakistan Ordinance No. I of 1971
42 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)
43 Section 86 was substituted by section 2 of the State Acquisition and Tenancy (Amendment) Act, 1994 (Act No. XV of 1994)
44 Section 87 was substituted by Article 2 of the State Acquisition and Tenancy (Amendment) Order, 1972 (President's Order No. 72 of 1972)
45 Section 87 was re-numbered as sub-section (1) of that section by Article 2 of the Bangladesh State Acquisition and Tenancy (Sixth Amendment) Order, 1972 (President's Order No. 137 of 1972)
46 Sub-sections (2) and (3) were added by Article 2 of the Bangladesh State Acquisition and Tenancy (Sixth Amendment) Order, 1972 (President's Order No. 137 of 1972)
47 The colon (:) was substituted for the full-stop (.) at the end of section 88 and thereafter the proviso was added by Article 3 of the State Acquisition and Tenancy (Amendment) Order, 1972 (President's Order No. 72 of 1972)
48 Sub-sections (4) and (5) were added by Article 2 of the State Acquisition and Tenancy (Second Amendment) Order, 1972 (President's Order No. 88 of 1972)
49 Sub-section (4) was substituted by Article 2 of the State Acquisition and Tenancy (Second Amendment) Order, 1973 (President's Order No. 24 of 1973)
50 The words and commas “or any Officer authorised in this behalf by the Government shall, on application made by the mortgagor, put the applicant in possession of such land by evicting the mortgagee therefrom and may, for such eviction, use or cause to be used such force as may be necessary” were inserted by Article 2 of the State Acquisition and Tenancy (Second Amendment) Order, 1973 (President's Order No. 24 of 1973)
51 Section 95A was inserted by Article 3 of the State Acquisition and Tenancy (Second Amendment) Order, 1972 (President's Order No. 88 of 1972)
52 The words and comma “either by way of an out and out sale with an agreement to reconvey,” were inserted by Article 2 of the State Acquisition and Tenancy (Fifth Amendment) Order, 1972 (President's Order No. 136 of 1972)
53 The word “or” was inserted by Article 3 of the State Acquisition and Tenancy (Second Amendment) Order, 1973 (President's Order No. 24 of 1973)
54 Section 96 was substituted by section 2 of the State Acquisition and Tenancy (Amendment) Act, 2006 (Act No. XXXIV of 2006)
55 The word and comma “Banais,” was inserted by section 3 of the State Acquisition and Tenancy (Amendment) Act, 1974 (Act No. LXI of 1974)
56 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President's Order No. 48 of 1972)
57 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President's Order No. 48 of 1972)
58 The words “Provisions as to assessment, enhancement and reduction of rent” were substituted for the words “Provisions as to enhancement and reduction of rent” by section 5 of the East Pakistan Ordinance No. I of 1971.
59 Section 98A was inserted by section 6 of the East Pakistan Ordinance No. I of 1971
60 Section 106A was inserted by section 16 of the State Acquisition and Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. VIII of 1967)
61 The words “Board of Land Administration” were substituted for the word “Government” by section 4 and the Schedule of the Laws (Amendment) Ordinance, 1982 ( XLI of 1982)
62 Section 111A was inserted by section 18 of the State Acquisition and Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. VIII of 1967)
63 Sub-section (1a) was inserted by section 21 of the East Bengal State Acquisition and Tenancy (Third Amendment) Ordinance, 1961 (East Pakistan Ordinance No. XV of 1961)
64 Sub-section (2a) was inserted by section 21 of the East Bengal State Acquisition and Tenancy (Third Amendment) Ordinance, 1961 (East Pakistan Ordinance No. XV of 1961)
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