|(10) If the purchaser fails to execute and register deed or deeds of sale in pursuance of the directions under clause (e) of sub-section (9), within sixty days in favour of the person or persons whose application or applications have been allowed, the court shall execute and present deed or deeds of sale for registration within sixty days thereafter in favour of such person or persons whose application or applications have been allowed.
(11) From the date of the registration of sale deed or deeds under clause (e) of sub-section (9) or under sub-section (10), the right, title and interest in the holding or portion or share thereof accruing to the purchaser from the sale shall, subject to any orders passed under sub-section (9), be deemed to have vested, free from all encumbrances which have been created after the date of sale, in the co-sharer tenant or tenants whose application or applications to purchase have been allowed under sub-section (9).
(12) The Court on further application of such applicant or applicants may place him or them, as the case may be, in possession of the property vested in him or them.
(13) No apportionment ordered under clause (b) of sub-section (9) shall operate as division of the holding.
(14) An application under this section shall be made to the Court which would have jurisdiction to entertain a suit for the possession of the land in connection with which the application is brought.
(15) An Appeal shall lie to the ordinary Civil Appellate Court from any order of the Court under this section.
(16) Nothing in this section shall be deemed to apply to homestead land.
(17) Nothing in this section shall take away the right of pre-emption conferred on any person by the Mohammadan Law.
(18) Nothing in this section shall apply to any transfer of any portion or share of a holding of a raiyat or any application under section 96 of this Act, made prior to coming into force of the State Acquisition and Tenancy (Amendment) Act, 2006.]
Restriction on alienation of land by aboriginals
97. (1) The Government may from time to time, by notification, declare that the provisions of this section shall, in any district or local area, apply to such of the following aboriginal castes or tribes as may be specified in the notification, and that such castes or tribes shall be deemed to be aboriginals for the purposes of this section, and the publication of such notification shall be conclusive evidence that the provisions of this section have been duly applied to such castes or tribes, namely:-
Sonthals, 55[ Banais] Bhuiyas,Bhumijes, Dalus, Garos, Gonds, Hadis, Hajangs, Hos, Kharias, Kharwars, Kochs (Dhaka Division), Koras, Maghs (Bakerganj District), Mal and Sauria Paharias, Maches, Mundas, Mundais, Oraons and Turis.
(2) Except as provided in this section, no transfer by an aboriginal raiyat of his right in his holding or in any portion thereof shall be valid unless it is made to another aboriginal domiciled or permanently residing in Bangladesh who is a person to whom the transfer of such holding or portion thereof can be made under section 90.
(3) If in any case an aboriginal raiyat desires to transfer holding or any portion thereof by private sale, gift or will to any person who is not such an aboriginal, he may apply to the Revenue-officer for permission in that behalf, and the Revenue-officer may pass such order on the application as he thinks fit having regard to the provisions of sections 88 and 90.
(4) Every transfer referred to in sub-section (3) shall be made by registered deed; and before the deed is registered and the holding or any portion thereof is transferred, the written consent of the Revenue-officer shall be obtained to the terms of the deed and to the transfer.
(5) An aboriginal raiyat's power to mortgage his land shall be restricted to only one form of mortgage, namely, a complete usufructuary mortgage:
Provided that nothing in this sub-section shall apply to a mortgage to Government or to the Agricultural Development Bank of Pakistan or to the 56[ ***] Agricultural Development Corporation or to a Co-operation Society for obtaining loans for Agricultural purposes.
(6) An aboriginal raiyat may enter with another aboriginal, domiciled or permanently residing in Bangladesh, who is a person with whom a complete usufructuary mortgage can be entered into under sub-section (1) of section 95, into a complete usufructuary mortgage in respect of any land comprised within his holding for any period which does not and cannot, in any possible event, by any agreement express or implied, exceed seven years:
Provided that every mortgage so entered into shall be registered under the Registration Act, 1908.
(7) Any transfer made by an aboriginal raiyat in contravention of the provisions of this section shall be void.
(8) (a) If a transfer of a holding or any portion thereof is made by an aboriginal raiyat in contravention of the provisions of this section, the Revenue-officer may, on his own initiative or on application made in that behalf, by an order in writing, eject the transferee from such holding or portion:
Provided that the transferee shall be given an opportunity of showing cause against such ejectment before the order is passed.
(b) When the Revenue-officer has passed any order under clause (a), he shall either (i) restore the transferred land to the aboriginal or his heir or legal representative or, (ii) failing the transferor or his heir or legal representative, declare that the land has vested in the Government and the Revenue-officer may settle the land with another aboriginal.
(9) Notwithstanding anything contained in any other law for the time being in force, no decree or order shall be passed by any Court for the sale of the right of any aboriginal raiyat in his holding or any portion thereof, nor shall any such right be sold in execution of any decree or order:
Provided that any holding belonging to an aboriginal may be sold, according to the provisions of this Act, in execution of a certificate for the recovery of the arrears of rent of the holding or for recovery of any loan advanced for agricultural purposes by Government or the Agricultural Development Bank of Pakistan or the 57[ * * *] Agricultural Development Corporation or a Co-operative Society to an aboriginal on the security of his holding.
(10) The Government may, by notification, declare that this section shall, in any district or local area, cease to apply to any caste or tribe to which it may have been applied under sub-section (1).
58 PROVISIONS AS TO ASSESSMENT, ENHANCEMENT AND REDUCTION OF RENT
Revision of rents or raiyats and non-agricultural tenants
98. The rent of a raiyat or non-agricultural tenant shall not be enhanced, reduced or altered except as provided in this Chapter.
Assessment or re-assessment of rent in certain cases
59[ 98A. (1) Notwithstanding anything contained elsewhere in this Act, it shall be lawful for the Deputy Commissioner to assess or re-assess rent on land in the following cases, namely:-
(a) where any land held by a raiyat or non-agricultural tenant has not been assessed to any rent under Chapter IV or section 144, nor has any rent been settled in respect of such land under section 107; or
(b) where any land assessed to rent as agricultural land under any of the provisions mentioned in clause (a), is subsequently used for a non-agricultural purpose or vice versa.
(2) In assessing or re-assessing any rent under sub-section (1), the Deputy Commissioner shall have regard to the principles laid down in section 26:
Provided that the Deputy Commissioner shall not take action under this section in any area where preparation or revision of record-of-rights has been undertaken under section 144:
Provided further that no assessment or re-assessment of rent shall be made under this section unless not less than fifteen days' notice has been given to the raiyat or tenant concerned to appear and be heard in the matter.
(3) Where only a part of a holding is used for a non-agricultural purpose, such portion shall be constituted into a separate tenancy on the principles laid down in sub-section (3) of section 107 as far as applicable and assessment or re-assessment of rent thereof made under this section]
Order for determination of rent-rates and preparation of settlement rent-roll
99. (1) The Government may make an order directing the Revenue-officer-
(a) to determine the rent-rates for any district or part of a district or local area in accordance with the provisions of this Chapter and of such rules as may be made in this behalf by the Government and to prepare in the prescribed form and manner a table of rent-rates in which the rent-rates so determined, together with such other particulars as may be prescribed, shall be specified; and
(b) after the table of rent-rates in respect of any district, part of a district or local areas has been prepared and confirmed under this Chapter to, settle fair and equitable rents for all tenants in such district or part or area and to prepare in the prescribed form and manner a settlement rent-roll in which the rent so settled, together with such other particulars as may be prescribed, shall be specified.
(2) A notification in the official Gazette of an order under this section shall be conclusive evidence that the order has been duly made.
Procedure in determining rent-rates
100. (1) When an order is made under clause (a) of sub-section (1) of section 99, the Revenue-officer shall, for the purpose of determining the rent-rates for the area specified in such order, divide such area into as many suitable units of area as he considers necessary having regard to the conditions of the land and, if such area be agricultural area, the crops grown in such area, and the Revenue-officer shall then determine the rent-rates for different classes of lands in each such unit.
(2) In determining the rent-rates for different classes of agricultural land under sub-section (1), the Revenue-officer shall take into consideration-
(a) the nature of the soil and the general productivity of the class of land for which the rent-rate is being determined;
(b) the normal yield per acre of the land to be determined in the prescribed manner;
(c) the average prices of the crops grown on such land calculated on the basis of the average prices of such crops prevailing during the preceding twenty years excluding the years in which such prices were abnormal;
(d) any means of irrigation or drainage or any other special facilities for cultivation of such land;
(e) the result of any work of agricultural improvement effected within any particular unit at the expense of Government.
(3) The rate of rent per acre for any class of agricultural land determined under sub-section (1) shall not exceed one- tenth of the total value of the produce per acre of such land obtained by multiplying the normal yield per acre of such land, determined in the manner prescribed, by the average price of crops grown in such land referred to in clause (c) of sub-section (2).
(4) In determining the rate of rent for different classes of non-agricultural land under sub-section (1), the Revenue-officer shall take into consideration-
(a) the rent generally paid to the Government for non-agricultural land with similar advantages or of a similar description in the vicinity,
(b) the market value of the land or of similar land in the vicinity immediately before the publication of the notification under section 99, to be determined in the prescribed manner,
(c) special conditions and incidents, if any, of the tenancy, and
(d) the result of any work of improvement effected within any particular unit at the expense of Government:
Provided that the rate of rent per acre for any class of non-agricultural land determined under sub-section (1) shall not exceed one-fourth per centum of such market value in the case of a residential area and half per centum of such market value in the case of any other area.
(5) The rent generally paid for similar land in the vicinity, as referred to in clause (a) of sub-section (4), shall be calculated by adding up the existing rents of such land in the unit and dividing the sum total by the total area of such unit.
Explanation.- For the purpose of this section, “land” does not include any building or structure standing thereon.
Preliminary and final publication of table of rent-rates and its confirmation by the prescribed superior Revenue Authority
101. (1) When the Revenue-officer has prepared a table of rent-rates, he shall cause a draft of it to be published in the prescribed manner and for the prescribed period in the area or village to which it relates.
(2) Any person objecting to any entry in the table of rent-rates may present a petition to the Revenue-officer within thirty days from the first date of publication under sub-section (1), and the Revenue-officer shall consider any such objection and may alter or amend the table.
(3) If no objection is made within the said period or, where objections are made, after they have been disposed of, the Revenue-officer shall submit his proceedings to the prescribed Revenue Authority with a full statement of the grounds for his proposals together with all the necessary particulars and the existing rent-rates for each class of land and a summary of the objections (if any) which he has received.
(4) Such superior Revenue Authority may confirm a table submitted under sub-section (3), with or without modification, or may return it for revision.
(5) When a table of rent-rates has been confirmed by such superior Revenue Authority, the order confirming it shall be conclusive evidence that the proceedings for the preparation of the table have been duly conducted in accordance with this Act, and it may be presumed that the rates shown in the table for each class of land are fair and equitable rates payable for land of that class within the area to which the table applies.
Rate shown in the table to be the maximum rate
102. The rate of rent for any class of land shown in a table of rent-rates confirmed under section 101 shall be the maximum rate at which the rent of a raiyat or non-agricultural tenant for such class of land can be settled.
Particulars to form parts of record-of-rights
103. The particulars referred to in sub-sections (2) and (4) of section 100 in respect of a unit and the rates of rent determined for different classes of land within such unit under this chapter shall form part of the record-of-rights of such unit maintained under this Part.
Duration of rent-rates
104. When the rent-rates for any district, part of a district or unit of area have been determined under this Chapter and shown in a table of rent-rates confirmed under section 101, they shall not be changed until after a period of twenty years has elapsed from the date of such confirmation.
Grounds of and limits to enhancement of rent
105. (1) The rent payable by a raiyat or non-agricultural tenant in respect of any land shall be liable to enhancement on the ground that the rent payable by him is substantially lower than the rent calculated at the rates of rent determined under this Chapter for similar classes of land in the unit in which the land is situated and entered in the table of rent rates, confirmed under section 101, applicable to such unit.
(2) In all cases where the increase of rent exceeds fifty per centum of the rent payable during the immediately preceding year, the Revenue-officer shall, and in any other cases were he considers that an immediate increase of rent will cause hardship, he may direct that the enhancement shall take effect by yearly increments over a number of years as he may fix in this behalf:
Provided that the increase of rent in a particular year shall not exceed fifty per centum of the rent payable during the year immediately preceding the year from which the new assessment takes effect under section 113.
Grounds for reduction of rent
106. The rent payable by a raiyat in respect of a holding may be reduced on one or more of the following grounds, namely:-
(a) that the rent payable by the raiyat is substantially higher than the rent calculated at the rates of rent determined under this Chapter for similar classes of land in the unit in which the land comprised in the holding is situated and entered in the table of rent-rates, confirmed under section 101, applicable to such unit;
(b) that the soil of the holding has deteriorated as a result of the deposit of sand or through the operation of other natural causes, sudden or gradual; and
(c) that there has been any breakdown of the existing arrangements for irrigation or drainage or for the maintenance of any embankments or bunds which were in existence at the time when the rent was last settled, and the soil of the holding has thereby deteriorated.
Grounds for reduction of rent
60[ 106A. The rent payable by a non-agricultural tenant in respect of any tenancy may be reduced on the ground that the rent payable by him is substantially higher than the rent calculated at the rates of rent determined under this Chapter for similar classes of land in the unit in which the land comprised in the tenancy is situated and entered in the table of rent-rates, confirmed under section 101, application to such unit.]
Settlement of fair and equitable rents
107. (1) After a table of rent-rates has been prepared and confirmed under this Chapter, the Revenue-officer shall proceed to settle, according to the provisions of the preceding sections, the fair and equitable rents of all tenants in the area to which the table of rent-rates applies and to prepare the settlement rent-roll as directed under clause (b) of sub-section (1) of section 99.
(2) For the purpose of settling such fair and equitable rents and preparing the settlement rent-roll, the Revenue-officer shall be guided by the rent-rates entered in the table of rent-rates so prepared and confirmed:
Provided that a Revenue-officer shall not be bound to apply the said rates to any particular case or area if he considers, for reasons to be recorded in writing, that the application of such rates to such case or area would be unfair or inequitable.
(3) Where any non-agricultural land is comprised in a tenancy which includes land other than non-agricultural land, or when the classification of land has partly changed from agricultural to non-agricultural, the Revenue-officer shall,-
(i) divide the tenancy so as to constitute separate tenancies for the non-agricultural land and the agricultural land,
(ii) apportion the existing rent between the tenancies so constituted,
(iii) estimate fair and equitable rents for the agricultural and non-agricultural land in accordance with the provisions of this Chapter, and
(iv) make such consequential changes in the record-of-rights as may be necessary.
Preliminary publication and amendment of settlement rent-roll
108. (1) When a settlement rent-roll has been prepared, the Revenue-officer shall cause a draft of it to be published in the prescribed manner and for the prescribed period and shall receive and consider any objection made to an entry therein or omission therefrom during the period of publication and shall dispose of such objections according to such rules as the Government may make.
(2) The Revenue-officer may, of his own motion or on application of any party aggrieved, at any time before a settlement rent-roll is submitted to the confirming authority under section 109, revise any rent entered therein:
Provided that no such entries shall be revised until reasonable notice has been given to the tenant concerned to appear and be heard in the matter.
Sanctioning final public of the settlement rent-roll and in corporation of the same in the record-of-rights
109. (1) When all objections have been disposed of under section 108, the Revenue-officer shall submit the settlement rent-roll to the prescribed confirming authority with a full statement of the grounds for his proposals and a summary of the objections (if any) which he has received.
(2) The confirming authority may sanction the settlement rent-roll with or without amendment or may return it for revision:
Provided that no entry shall be amended or omission supplied until reasonable notice has been given to the tenant concerned to appear and be heard in the matter.
(3) After sanction by the confirming authority the Revenue-office shall finally frame the settlement rent-roll and publish it in such manner as may be prescribed and shall incorporate it in the record-of-rights for the area, to which such settlement rent-roll relates, maintained under this Part; and such publication shall be conclusive evidence that the settlement rent-roll has been duly made under this Chapter.
Appeal to and revision by superior Revenue Authority
110. (1) An appeal, if presented within two months from the date of the order appealed against, shall lie from every order passed by a Revenue-officer on any objection made under section 108, or from an order passed by the confirming authority under section 109 to the prescribed superior Revenue Authority.
(2) The 61[ Board of Land Administration] may in any case under this Chapter, on application or of its own motion, direct the revision of any settlement rent-roll or any portion of it at any time within six months of the date of the order sanctioning the settlement rent-roll under sub-section (2) of section 109 or any order passed by the superior Revenue Authority under sub-section (1), whichever is later, but not so as to affect any order passed by the Special Judge under section 111:
Provided that no such direction shall be made until reasonable notice has been given to the parties concerned to appear and be heard in the matter.
Appeal to the Special Judge
111. (1) Any person aggrieved by an order passed by the Revenue-officer on any objection made under section 108 or an order passed by the confirming authority under section 109, may present an appeal in the prescribed manner against such order, within three months of the final publication under sub-section (3) of section 109 of the settlement rent-roll to which such appeal relates, to the Special Judge appointed by the Government in this behalf provided that no appeal has been presented regarding the matter to the prescribed superior Revenue Authority under sub-section (1) of section 110.
(2) Subject to such orders as may be passed by the High Court in its revisional jurisdiction, the order of the Special Judge, on the Appeal, shall be final; and no appeal shall lie to the High Court against the order of the Special Judge under this section.
(3) The provisions of the Code of Civil Procedure, 1908, shall, so far as it may be, apply to all appeals presented to the special Judge under this section.
Correction of Mistakes and making alteration in rent-roll
62[ 111A. The Revenue-officer, may, at any time before final publication under sub-section (3) of section 109, correct any clerical mistake in the settlement rent-roll, and shall make such alteration in the same as may be necessary to give effect to any order passed under sections 110 and 111.]
Presumption to rents settled under this Chapter
112. All rents settled under this Chapter shall be deemed to have been correctly settled and to be fair and equitable rents.
Date from which settlement takes effect
113. When a rent is settled by a Revenue-officer under this Chapter in respect of any area, it shall, subject to sections 110 and 111, take effect from the beginning of the agricultural year next after the date of the final publication under sub-section (3) of section 109 of the settlement rent-roll in which such rent is specified.