Assignment of

LAND LAW
Course Code: 203

Assignment submitted to:

Mohammad Azharul Islam Lecturer, Dept. of Law University of Dhaka

 Title-

Historical Background & Object of

THE STATE ACQUISITION

AND TENANCY ACT,

Compiledby:

MEADOW

Total Pages : 16
Total Words : 3,520
Submission Date : March 2 of 2011
 MEADOW
Presents:

Name Roll
Yasin Arafat 43
Abdur Rashid 54
Habibulla Belali 93
Khairul Islam 98
Ashiqur Rahman 106
Md. Sakib Hosen 132
Abu Bakar siddik 135
Isha Bin Karim 204
Md. Nurul Amin 208
Omar Faruq 217

Individual Contribution:

Background- Object-
Arafat Khairul
Rashid Sakib
Belali Bakar
Ashiq Isha
Omar Azad

Project Design- KHAIRUL ISLAM TAJ, Compose- Yasin Arafat, Abu

bakar
In developing countries, land continues to constitute the principal
source of livelihood, security, and status. Similarly in Bangladesh,
land remains significant in a variety of ways in the econo mic and
social life. We did undergo a variety of procedural system for
acquisition, requisition or settlement of lands for want of
particular laws, rules and provisions. Hindu common law states that
the right to occupy land vests in the person who first ma kes a
beneficial use of the soil. During that period land was plentiful and
many villages were in the process of formation. No one would
undertake to clear a plot of land unless he had the right to enjoy it on
a permanent basis. The history of law relating to land in this sub-
continent, particularly in Bangladesh, is indeed very broad and also
quite complex. History shows how the people of Bangladesh
struggled to gain proper legislation to regulate the
relationship between landlords and tenants. The land grabber first
prepared fake deeds in connivance with a section of dishonest land
administration employees, and then capture d newly emerged lands
of poor and marginal farmers with the help of muscle power. It
was difficult to take back the grabbed lands from the
influential because of the obscurity of land provisions.

Historical Background of SAT Act

The State Acquisition and Tenancy Act , 1950 is considered to be

the landmark legislation in the land arena of Bangladesh. This
Act bears a lengthy history behind it. The Permanent Settlement of
1793 had failed in its object. The land administration system was
becoming ineffective. The British administration always showed
concern for the means by which the raiyats could be brought under
direct control of gover nment. They were going to their goal step by
step. After Permanent Settlement they introduced The Bengal
Tenancy Act, 1885. This Act also failed to recover the interest of the
raiyats as the interest was left at the mercy of the zaminders. As a
result of P ermanent Settlement Government revenue agents turned
into landowners overnight. Landlords were allowed to own their
property subject to regular payment of revenue to the Government,
for the default of which their right was liable to be sold in auction.
Their right was made both heritable and transferable. No restraint
was imposed on the landlords on the increase of the rent of the
raiyats. The customary right of the raiyats to pay rent at pargana
rate was denied. Instead, an increased rent was demanded f rom
them, in spite of the provisions of the regulation no viii of 1793 which
directed landlords not to increase rent of raiyats paying fixed rent not
more than 12 years and grant patta to other tenants at pargana
rates.

The regulation no xvii of 1793 provided that on the failure of the

raiyats to pay increased rent, all their movables, including standing
crops were made liable to attachment and sale by the landlords
without the intervention of the court. Refusal of raiyats to pay
increased rent and their organized resistance to attachment and
sale compelled the Government to make regulation no vii of
1799, which authorized landlords to arrest the reluctant raiyats
refusing to pay rents and also to attach and sell their properties.

Several regulations were also implemented for regulating the work

of village patwaris and pargana kanungos who were paid salaries.
But those objects of The Permanent Settlement Regulation, 1793
were absolutely failed. Though there were some defects of the
regulation such as there was the scope of abusing the power by the
zaminders, no provisions concerning land development, scope of
oppressing the cultivators seriously etc. In that
circumstances the British were thoughtful
of implementing new rules for land management.

In the earl y part of the 19 th century the United Kingdom

Government expressed approval of a policy whereby every za
mindary tenure should be purchased on the part of t he Government
and then settled 1 with the raiyats on raiyatwary principle. The Select
Committee of the House
of Commons that sat in 1830 suggested that Government might
acquire
zamindaries by private public purchase, in order to protec t the
rights of the raiyat , provided that the involved was not so great as to
prevent the working of such a scheme.2 But it was not possible at
that time to accept

1
The report of the Select Committee of the House of Commons, 1832.
2
The report of the land revenue Commission, Bengal. Dated 21st March 1940 vol.1 para-55
that suggestion of the Committee. When the democratic election system
was run the people demanded to the elected members to abolish the
zamindari system to protect their interest in the land.
The krishak proza part y of Sher-E-Bangla was not be able to get
majority seats in 1937 though the party vowed to abolish the
zamindari system. For this reason he constituted coalition
government with Muslim League but also failed to protect the
demand of the raiyats.

In 1938 a high powered Commission was set up under the

Chairmanship of Sir Francis Floud to report inter alia “ whether it is
practicable and advisable for Government to acquire all the superior
interests in agricultural land so as to bring the actual cultivators in to
direct relation with the Government. ”3 After a laborious investigation
for two years into the land tenure system prevailing in Bengal from
the Hindu period down to the then existing system, the majority of
the Commission recorded their considered opinio n that whatever
might have been the justification for the Permanent Settlement in
1793. It was no longer suited to the conditions of the present time
and that the zamindari system developed so many defects that it had
caused serve any national interest.

Accordingly they recommended that the actual cultivators should be

brought into direct relation with Government by the acquisition of all
rent receiving interests in land so that the Government as the sole
landlord may be in a much better position than any individual private
landlord to initiate development measures with a view to improving
the condition of the tillers of the soil. In 1940 this commission
suggested to the government directly to abolish the zamindari
system and advised to bring the actual cu ltivators into direct
relation with the government. But for the direct opposition by many
of the elected representatives it was not possible to raise the Bill in
the provincial parliament.

In 1943 the cabinet under Fazlul Haque resigned and a new cabinet
was formed under the leadership of Khaja Nazimuddin. In 1944, this
cabinet formed an investigation committee to re -examine the report
of Floud Commission. This committee also suggested abolishing the
zamindari system like that of the Floud Commission.

3
The report of the land revenue Commission, Bengal. Dated 21st March 1940 vol.1 para-10
The Bengal Administration Enquiry Committee, 1945 constituted
under the Chairmanship of Sir Archibald Rowland, also expressed
that so long as the present outmoded system of
land tenure remained the administrative machinery of
Government, being clogged by it a t every turn, was bound to fail to
achieve its maximum result in the exploitation of the land and water
resources of the province. 4 They suggested that the earliest
possible effect should be given to the recommendation of the public
opinion for mending the existing land tenure system and it was
urged that no co -coordinated plan of reconstruction of the country
could be taken so long as the zemindary system remained.

The recommendations of the Land Revenue Commission remained

under the consideration of the Government of Bengal for a
considerable length of time and that Government ultimately decided
to accept the recommendation of the Commissio n. With a view to
implementing this decision the Bengal State Acquisition and
Tenancy Bill, 1947 was
introduced on the 10 April of that year and referred to Select
th

Committee but no further progress was made owing to constitutional

changes. The administra tion was handed over to the Governments
of India and Pakistan in August, 1947.

It was also considered necessary to provide for scaling down of

debts of rent receivers others whose interests would be acquired
under the proposed measure and for other incid ental matters
connected with the acquisition of such interest, regulation and rights
and liabilities of tenants under the Government and maintenance of
record -of-rights. With the objects in view, the State Acquisition and
Tenancy Bill was framed and published on the 31st March, 1948.

It was then referred to the special committee of the house. They

made considerable modification in the Bill, the most important of
which the addition of chapter ii which “ has been added to provide
for the acquisition of some big rent receiving interest as early as
possible. ”5 The Bill was enacted on the 16 th February 1950 as the
East Bengal State Acquisition and Tenancy Act, 1950 and was
reserved for the assent of governor general, who gave his assent on
the 16 th May, 1951. The new Act has repealed the famous Bengal
Tenancy Act, 1885. The Act
4
Report of the Bengal Administration Enquiry Committee 1944-45, dated 30 March, 1945. Ch.2, para,16
5
The Report of the Special Committee on the East Bengal State Acquisition Bill,1948, dated 6th July 1949
nowhere says when it will come into force. In the absence of such
provision it was held that it has come into operation from the 16 th
May, 1951, the date when the governor general has given his
assent.

In order to enhance and sustain the productivity of land and

reduction of poverty, there should be meaningful land reform with
consideration for khas land (government owned land), absentee land
ownership, land ceiling and so on. The effective distribution of khas
land will create enormous employment opportunities, reduce rural
-urban migration, and reduce the overall rate of poverty.

Hence, the State Acquisition and Tenancy Act, 1950 (SAT Act) tries
to show a harbinger role for settl ement of very acute dispute and
complexity. The following title head indicates the goal of aforesaid
Act.

Object of SAT Act

The SAT Act came into being to eradicate the flaws among the
provisions of land and to fill the gap created from previous lacking.
It sets its object principally to remove the landlord ’s interest from
the land to collect rent and to acquire rent receiving interest by the
Govt. alone. Recommendation of Floud commission constituted a
bundle of objects.

Principal object

On March 12 of 1940, Floud Commission 6 handed over the report to

the Government with many important recommendations, like
abolition of PSR Act 1793, ban on subletting, fixation of land ceiling
and so on.

“It is advisable for the Government to acquire all supe rior interests
in agricultural land so as to bring the actual cultivators into direct
relation with the government” - This was the first view opined by the
then commission to set the goal of SAT Act.

The salient features of the report are cited below:

Repeal of permanent Settlement Regulation 1793 and acquisition

of all rent receivin g interest with compensation.
Introduction of legislation to empower the Government to
acquire all rent receiving interests.
Acquisition of al l fishery and mineral rights.
Preparation and revision of record of rights subse quently of
state acquisition.
Complete ban on subletting in any
form. Limitation on barga or
sharecropping.
Impose of land holding limitation provision.
Restriction on acquire of land and also retentio n measures of
lowest ceiling.

6
Set up in 1938 under the chairmanship of Sir Francis Floud
Furthermore, a large volume of public opinion was made for
mending the existing land tenure system. The paramount object as
backed up by experts also of this piece of legislation is to abolish the
intermediate estates and t o acquire them for the benefit of the tiller
of soil 7.

This view was unanimously reiterated by J. Ahmad in case of

Radhika v. shyama.8 It appears to be perfectly clear also that the
intention was to create a uniform class of tenants directly under the
pro vincial Government.
A list of other purposes of this Act deserving mention -worthy credit
goes like these:

 To protect the bargadars against arbitrary eviction from their

barga lands
 To settle the dispute in case of derelict tea garden 9
 To define consolidat ion/ estate/ hat bazar/ holding/
homestead/ khas land/ encumbrance/ usufructuary mortgage
10

 To imply the persons as collectors/ commissioners/ raiyats/

landlords and so on 11
 To ensure the system of one class tenant under Government
so that subsequently they become free peasants
 To provide a rational system to regulate enhancement and
reduction of rents of tenants
 To trace out the acquisition of rent receiving interest
 To outline the law relating to tenancies to be held under the state
 To have effect on the tr ansference of intermediate interests in
the land to public ownership of the state
 To uplift the interest in the intermediate owners
 The interest is also to vest in state for purpose of ameliorating
the condition of actual cultivators of soil
 To be used (the Act itself) similarly in case of arrear rents

7
Birendra Vs. noresh (1954) 7 DLR- 339
8
1954; 6 DLR, 531
9
Sec. 9A of the Act
10
Successively Sec. 7,11,12,13,14,15 of the Act
11
Sec. 4,5,9 of the Act serially
Auxiliary object

Secondarily, The SAT Act purports to feature the following objectives:

 To make free the peasants from their feudal bondage and
make them active citizens.

 The purpose of land reforms i s to help cr eate democracy at

the grass root level . Under economic objectives of land
reforms, the main thrust is to encourage agricultural progress
as a vehicle for economic development, by giving the tenant
ownership of his land, providing him with incen tives to invest
capital for improving land productivity. Land reform
encourages more intensive farming and contributes to
increased production. It has also been seen as a strategy for
releasing the productive potential of the small and medium
tenants.

 The government feels the necessity to maintain and updated

some Rules, Regulation and Reformative decision on his part.

 To clarify land use statistics

The total farm area comprises about 62% of the total geographical
area, forest area accounts for 15%, Pere nnial water 11% and urban
area only 01%.The physical landscape is characterized by small
arable fields.
There are over 11 million farm holdings with more than 65 million
fragments. The pattern of land ownership is highly skewed. 5% for
the families having land above 7.2 acres own 26% of the land and
70% of the families having land below 2.5 acres own only 29% of the
land. The per capita availability of crop land is at present only 0.24
acre. Land utilization statistics indicate that 54% of the net cropped
a rea is single cropped and area under double and triple cropping
account for 72% of the gross cropped area. 20% of the total cropped
area has irrigation facilities. Yield is low i.e. rice -0.703 metric ton
per acre. Annual food deficit ranges between 1.5 2. 0 million metric
tons. Frequent natural calamities like cyclone, flood, drought, tidal
bore etc. add to the shortfall of crops and livestock.
  To conduct ceiling on urban land:

The State Acquisition and Tenancy Act, 1950 imposed for the first
time in the history of tenure legislation in this country, a ceiling on
the ownership of agricultural land. It did not, however, envisage a
similar ceiling on the ownership of urban land. As a result of rapid
urbanization and migration of people from rural to urban areas, the
demand for, and the value of land in the urban areas especially in
the cities, have increased tremendously and are on the rise. The
urban rich find it more profitable to invest in the land rather than in
the commercial or industrial ventures. In order to ensure social
justice, reduction in the income disparity and to discourage
speculation in land and unearned income, the Government has
decided in principle to impose a ceiling on ownership of land in
cities, municipal towns and o ther urban areas in the country.

 To fix land use policy and patterns

In Bangladesh, no agricultural land should be converted into non -

agricultural land without the permission of the Government. The
Government imposes much pressure to increase the food production.
On the other hand agricultural land has got one tax values, and non -
agricultural land has got different tax values.

The land use pattern in Bangladesh is as follows: -

Land use pattern Area in acre
1. Not available for cultivation 81, 41,000
2. Forests. 49, 10,000
3. Cultivable waste 06, 60,000
4. Current fallow 09, 73,000
5. Net area shown. 2, 18, 78,000
  To conduct cadastral survey

Cadastral survey in Bangladesh has two objectives: to provide

documentary evidence of presumptive title to land for the owners
and to provide Government with a tool to allow fair and equitable
land development taxes to be collected. Effective land development
taxes to be collected. Effective and accurate records also can
provide a health of information on land distribution and ownership
patterns, essen tial for long term agricultural plans and other
Government planning.

As Bangladesh is primarily an agrarian economy with great

pressure farmers on their land is of permanent importance, if
allows then to mortgage their land, raise their loans for agricultural
investment and provide security in the event of illegal occupation of
land. Newly accreted land or reclaimed lan ds under ownership of
govt. who are directed to distribute the lands in time to the land less
people for agricultural production. These new lands need to be
accurately and speedily mapped and recorded to allow fair
distribution and to avoid illegal land gr abbing.

The cadastral survey contains the following components: -

a) Mapping of every parcel of land indicating geographical location
and identification number;
b) Land information regarding ownership, quantum of land and
rents payable; and
c) Preparation, publication and maintenance the record of rights as
a proof of occupancy right of the tenants.

The ownership of Government who are directed to distribute the

lands in time to the landless people for agricultural production,
these new lands need to be accurately and speedily mapped and
recorded to allow fair distribution and to avoid illegal land grabbing.

Mauza maps normally used in Bangladesh are of following scales: -

1) Mauza map 16” = 1 mile for rural area
2) Mauza map 32” = 1 mile for urban area
3) Thana
(P.S. Jurisdiction or
Upazilla) map 04”= 1 mile
The mauza map is the core of cadastral system. The map shows all
the parcels with their separate identification numbers in a mauza or
a village. The name and address of owner of those parcels are
recorded in a separate register.

 To settle Record of Rights (ROR)

Mapping of holdings and preparation of up to -date record of rights is

a pre-condition for efficient land management, ensuring security of
tenants and land reforms. This work is now done un der the
provisions of the Survey Acst -1875 and the State Acquisition and
Tenancy Act - 1950. The preparation of record of rights was first
under taken in this country under the provisions of the Bengal
Tenancy Act, 1885. As the cadastral Survey was taken up district by
district, the completion of cadastral survey and finalization of record
of rights took about 50 years starting from 1890.

 To fix taxes regarding Non -agricultural land

The rates of land development taxes of non -agricultural land varies

due to the importance and commercial value of the different places
in the country such as:-

Places Commercial plot Residential plot

City area of Tk.125.00 per dec. Tk. 22.00 per

Dhaka N.Ganj,
Gazipur,
Chittagong, Khulna
Other dist. headquarter
Other municipal area
Others
dec.
Tk. 22.00 per dec. Tk. 7.00 per dec.
Tk. 17.00 per dec. Tk. 6.00 per dec.
Tk. 15.00 per dec Tk. 5.00 Per dec.

Quantity of lan d area is the vital factors for assessing the

agricultural land. Location of the land and nature of utilization of
the land are the vital factor for assessing the tax of non-agricultural
land.
 Some provisions consisting of the object

Sec. 44: Acquisitio n and vesting of the interest of proprietors, tenure -

holders and other rent -receivers and of certain khas lands in the
government and the consequences thereof. 12

Sec. 3(1): It shall be lawful for the govt. acquires all interest of the
Rent - Receiver. It wi ll include the interest in subsoil and right to
mineral.

Sub-sec. 4(F): All tenant shall become directly under the go vt. and
pay rent, land revenue directly to the govt. and anybody else.

Infact, these are the frontline provisions of the Act which a ffect
substantive rights of the rent receivers. The Act contains as many as
152 sections which are mostly procedural. It masters and devises
the machinery to be used for tenants. Interesting to note, the term,
under - raiyats has been upgraded to the status of raiyats . In
addition to this, The SAT Act introduces many more effective
systems even for topmost decrease of discomfort. Terms both from
Hindu law and Muslim law are blended in SAT Act. Finally, it is not
an exaggeration to say - “The Act is a complete and self-contained
enactment so far as the most important agrarian legislation is
concerned ”.

12
Jibendra Kishore vs. Province of Bangladesh (1957)
Sources of Directory
(Used in this project)