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, 1950

Compiled by:

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 economic 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 makes 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 captured 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 government.
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 Permanent 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 from 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 early part of the 19 th century the United Kingdom Government

expressed approval of a policy whereby every zamindary tenure should
be purchased on the part of the 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 protect 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
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 party of Sher-E-Bangla was not be able to get
majority seats in 1937 though the party vowed to abolish the zamindari
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
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 into
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 opinion 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 cultivators 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.
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 at every
turn, was bound to fail to achieve its maximum result in the exploitation

3
The report of the land revenue Commission, Bengal. Dated 21st March 1940 vol.1 para-10
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 Commission. With a view to implementing this
decision the Bengal State Acquisition and Tenancy Bill, 1947 was
introduced on the 10th April of that year and referred to Select
Committee but no further progress was made owing to constitutional
changes. The administration 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 incidental 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 16th 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
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
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
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 settlement 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 superior 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 receiving interest with compensation.
Introduction of legislation to empower the Government to acquire
all rent receiving interests.
Acquisition of all fishery and mineral rights.
Preparation and revision of record of rights subsequently 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 retention measures of
lowest ceiling.

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 to acquire them for the benefit of the tiller of soil7.

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
6
Set up in 1938 under the chairmanship of Sir Francis Floud
7
Birendra Vs. noresh (1954) 7 DLR- 339
8
1954; 6 DLR, 531
create a uniform class of tenants directly under the provincial
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 garden9
 To define consolidation/ estate/ hat bazar/ holding/ homestead/
khas land/ encumbrance/ usufructuary mortgage10
 To imply the persons as collectors/ commissioners/ raiyats/
landlords and so on11
 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 transference 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

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 is to help create democracy at the

grass root level. Under economic objectives of land reforms, the
main thrust is to encourage agricultural progress as a vehicle for
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
 economic development, by giving the tenant ownership of his
land, providing him with incentives 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%, Perennial 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 area 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 other 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, essential 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 lands 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 grabbing.

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 under 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 Dhaka Tk.125.00 per dec. Tk. 22.00 per dec.
N.Ganj, Gazipur,
Chittagong, Khulna
Other dist. headquarter Tk. 22.00 per dec. Tk. 7.00 per dec.
Other municipal area Tk. 17.00 per dec. Tk. 6.00 per dec.
Others Tk. 15.00 per dec Tk. 5.00 Per dec.

Quantity of land 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: Acquisition 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 

12
Jibendra Kishore vs. Province of Bangladesh (1957)
Sec. 3(1): It shall be lawful for the govt. acquires all interest of the Rent-
Receiver. It will include the interest in subsoil and right to mineral.

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

Infact, these are the frontline provisions of the Act which affect
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”.

Sources of Directory
(Used in this project)