Author Topic: LAND LAW  (Read 1485 times)

Offline Shamim Ansary

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LAND LAW
« on: June 09, 2010, 09:23:09 AM »
Object: Object of State Acquisition and Tenancy Act is that, to remove the landlord interest from the land to collect rent and to acquire rent receiving interest by the Govt. alone. Recommendation of Floud commission: On March 12 of 1940, Floud Commission handed over the report to the Government with many important recommendations, like abolition of PSR 1793, ban on subletting, fixation of land ceiling and so on. 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. 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. Case: Jibendra Kishore vs. Province of Bangladesh (1957): It appears to be perfectly clear that the intention was to eliminate all rent-receiving interests in all the lands in the province and to create a uniform class of tenants directly under the provincial Government.

Sec. 3 Consequence of acquisition interest by rent-receiver: 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. * Sec. 3(2): Those property which are not allowed to be Rent-receiver shall vest absolute of the govt. free from and encumbrance. * Sub-Sec. 4(a): Any building used primarily as office or Kutchery for the collection of the Rent shall vest absolutely in the govt. free from all encumbrance. * Rent receiver shall allowed to retain building within this Homestead. * Sub-sec. 4(F): All tenant shall become directly under the govt. and pay rent, land revenue/ directly to the govt. and any body else. * Sub-sec. 4(G): Land revenue shall be recoverable under the Public Demands Recovery Act. *Sub-sec. 5: The outgoing rent receiver whose interest has been acquired under this section shall be entitle to compensation.

Rule-55: Calculation of annual letting value of non-agricultural lands and compensation for buildings under section 13(1) (e) and (f) (i)- The annual letting value of the lands under items (e) and (f) (i) of sub-section (1) of section 39 shall be the rents that the lads would have fetched, had they been let out, and in determining such rents, the Revenue Officer shall have regard to the principles laid down in section 13, so far as they apply to non-agricultural lands. (2) In arriving at the actual cost of construction of any building less depreciation under item (f) (ii) of sub-section (1) of section 39, the Revenue Officer shall take into account the estimates of a building expert of the Provincial Government not below the rank of an Executive Engineer regarding the cost likely to have been incurred for the construction of the building and the amount which should be deducted from such cost on account of depreciation.

Sec. 145A Land Survey Tribunal: Sec. 145A (4) A land survey tribunal shall dispose of the suit arising out of the final publication of the last revised record of rights prepared under sec. 144. (5) If any suit arising out of the final publication of the last revised record of rights prepared under sec. 144 is instituted in any Civil Court. (6) Any person aggrieved by the final publication of the last revised record of rights prepared under sec. 144 may, within one year from the date of such publication. or from the date of the establishment of the Land Survey Tribunal. Sec. 145B Land survey Appellate Tribunal: (5) Any person aggrieved by any judgment, decree or order of the Land Survey Tribunal may, within three months from the date of such judgment, decree or order, prefer an appeal to the Land Survey Appellate Tribunal. (6) An appeal may be admitted within next three months even after the expiry of the period specified in sub-sec. (5). Sec. 145C. Appeal to the Appellate Division: An appeal from a judgment or order of the LSAT shall lie to the Appellate Division of the Supreme Court only if the Appellate Division grants leave to appeal. Art-103 of the Bangladesh Constitution says Leave to Appeal. Sec. 145D. Power and Procedure or Tribunals: (1) For the purpose of disposal of suits or appeals, a LST or a LSAT, as the case may be, shall exercise the powers and follow the Procedure under the Code of Civil Procedure, 1908, in respect of the following matters, namely: (a) Summoning (b) Discovery of document (c) requiring evidence on affidavit. (5) The LSAT may, of its own motion or upon an application made to it, by order in writing, transfer, at any stage of the proceedings, any suit from one LST to another LST within the territorial limits of its jurisdiction. Sec. 145E. Finality of Tribunals’ decisions and orders: The decisions of the LST shall be final. Sec. 145F. Bar to jurisdiction of Civil Courts: Under sec. 144 shall lie in any civil court within the territorial limits of the jurisdiction for which a LST is established under sec. 145A. Sec. 145G. Power to abolish tribunals etc. The Govt. may, by notification in the official Gazette, at any time abolish any LST established under sec. 145A and LSAT established under sec. 145B, and while so abolishing, the Govt. shall in the same notification, specify the courts where the suits, appeals and other proceedings pending in such Tribunal at the time of such abolition shall be transferred to and be disposed of. Sec. 145H. Overriding effect. Sec. 145I. Rule making power.

Sec.86. *Alluvion: Three types: 1. Re-appearance of a land lost by diluvion. 2. Gradual enhancement of a land on the bank of a river. 3. Any other land. * Before 1972 Tenant’s right in his diluviated land subsists for 20 years. * 1972-1994 shall vest in the Govt. * From 1994 Tenant’s right the lands of a holding or portion thereof during the period of loss by diluvion if such lands re-appear in situ within thirty years of their loss.

Sec. 86 (1): If the land is lost by diluvion the rent-revenue shall be abetted. (2) The right, title and interest of the owner shall subsist for a period of 30 years. If the land re-appearance in situ. (4) The collector shall take possession of the land than to prepare a map by conducting a survey. (5) The Collector shall, within 45 days of the completion of survey and preparation of map under sub-sec.(4). (6) The lands allotted under sub-sec. (5). (7) The provision of this section shall not apply to cases of re-appearance of land caused or accelerated by any artificial or mechanical process as a result of development works undertaken by the Govt. or any authority empowered or authorised by or under law to undertake such development works. If the land is re-appearance or appear or the Alluvion is a consequence.

Sec. 87. When any land has been gained by accession, whether from the recess of a river or of the sea, it shall not be considered as an increment to the holding or tenancy to which it may be thus annexed, but shall vest absolutely in the Government of the People’s Republic of Bangladesh and shall be at their disposal.

Sec. 76. Settlement and use of land vested in the government. No land shall be settled with a person unless he is a person to whom transfer of land can be made under sec. 90.

Sec. 96 Right of Pre-emption: If a portion or share of a holding of a raiyat is sold to a person who is not a co-sharer tenant in the holding, one or more co-sharer tenants of the holding may, within two months of the service of the notice given under sec.98, or, if no notice has been served under sec. 98, within two months of the date of the knowledge of the sale, apply to the Court for the said portion or share to be sold to himself or themselves.

Sec. 97. Restriction of alienation of land by aboriginals: (2) 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 sec.90 (3) If in any case an aboriginal raiyat desires to transfer holding or any portion thereof any private sale, gift or will to any person who is not such an aboriginal, he may apply to the Revenue-officer for permission. (5) An aboriginal raiyat’s power to mortgage his land shall be restricted to only one form of mortgage, namely, a complete usufructuary mortgage. (7) Any transfer made by an aboriginal raiyat in contravention of the provisions of this section shall be void.

Land Reforms Ordinance: Sec. 4. Limitation on acquisition of agricultural land: (1) No malik who or whose family owns more than sixty standard bighas of agricultural land shall acquire any new agricultural land by transfer, inheritance, gift or any other means. (2) A malik who or whose family owns less than sixty standard bighas of agricultural land may acquire. (3) The area of land which is in excess of sixty standard bighas shall vest in the Government and no compensation shall be payable to him, Except acquired by inheritance, gift or will. Sec. 5. No benami transaction: No person shall purchase any immovable property for his own benefit in the name of another person. * Where the owner of any immovable property transfers or bequeaths it by a registered deed. Sec. 7. Settlement of Khas land for homestead:(1) Where in the rural area any khas land fit for being used as homestead is available, the Government shall, in settling such land, give preference to landless farmers and labourers. (2) Any land settled under sub-sec. (1) shall be heritable but not transferable. Sec.8. Cultivation under barga contract: A barga contract shall be valid for a period of five years commencing from such date as may be specified in the barga contrac. Sec. 11. Termination of barga contract: No owner shall be entitled to terminate a barga contrac except in execution of an order, made by the prescribed authority.

Sec.12. Division of produce of barga land: The produce of any barga land shall be divided in the follwing manner, namely:- (a) one-third shall be received by the owner for the land; (b) one-third shall be received by bargadar for the labour; (c) one-third shall be received by the owner or the bargadar or by both in proportion to the cost of cultivation, other than the cost of labour, borne by them.

Sec.13. Bargadar’s right to purchase: Where the owner intends to sell the barga land, he shall ask the bargadar in writing if he is willing to purchase the land. * The bargadar shall, within fifteen days from the date of receipt of the offer, inform the owner in writing of his decision to purchase or not to purchase the land. The right of the bargadar is portion.

Sec.14. Ceiling of barga land: No bargadar shall be entitled to cultivate more than fifteen standard bighas of land.

NATA: Definition: Sec. 2(4) “Non-agricultural Land” means land which is used for purposes not connected with agriculture or horticulture and includes any land which on lease for purpose not connected with agriculture or horticulture irrespective of whether it is used for any such purposes or not, but does not include- (a) a homestead to which the provisions of sec. 182 of the Bengal Tenancy Act. (b) land which was originally leased for agricultural or horticultural purpose but is being used for purses not connected with agriculture or horticulture without the consent either express or implied of the landlords, if the period for which such land has been so used is used than twelve years; and (c) land which is held for purpose connected with the Colton or manufacture of tea. Sec.2(5) “ Non-agricultural tenant” means a person who holds non agricultural land under another person with consent of that person and is, or but for a special consent would be, liable to pay rent to such person for that land and also includes the sucessors in interest of the former but does not include any person who holds any such land on which any premises occupied by such persons are situated if such premises have been erected, or are owned by the person to whom such occupier is, or but for such occupation.

Object: Object of State Acquisition and Tenancy Act is that, to remove the landlord interest from the land to collect rent and to acquire rent receiving interest by the Govt. alone. Recommendation of Floud commission: On March 12 of 1940, Floud Commission handed over the report to the Government with many important recommendations, like abolition of PSR 1793, ban on subletting, fixation of land ceiling and so on. 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. 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. Case: Jibendra Kishore vs. Province of Bangladesh (1957): It appears to be perfectly clear that the intention was to eliminate all rent-receiving interests in all the lands in the province and to create a uniform class of tenants directly under the provincial Government.

Sec. 3 Consequence of acquisition interest by rent-receiver: 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. * Sec. 3(2): Those property which are not allowed to be Rent-receiver shall vest absolute of the govt. free from and encumbrance. * Sub-Sec. 4(a): Any building used primarily as office or Kutchery for the collection of the Rent shall vest absolutely in the govt. free from all encumbrance. * Rent receiver shall allowed to retain building within this Homestead. * Sub-sec. 4(F): All tenant shall become directly under the govt. and pay rent, land revenue/ directly to the govt. and any body else. * Sub-sec. 4(G): Land revenue shall be recoverable under the Public Demands Recovery Act. *Sub-sec. 5: The outgoing rent receiver whose interest has been acquired under this section shall be entitle to compensation.

Rule-55: Calculation of annual letting value of non-agricultural lands and compensation for buildings under section 13(1) (e) and (f) (i)- The annual letting value of the lands under items (e) and (f) (i) of sub-section (1) of section 39 shall be the rents that the lads would have fetched, had they been let out, and in determining such rents, the Revenue Officer shall have regard to the principles laid down in section 13, so far as they apply to non-agricultural lands. (2) In arriving at the actual cost of construction of any building less depreciation under item (f) (ii) of sub-section (1) of section 39, the Revenue Officer shall take into account the estimates of a building expert of the Provincial Government not below the rank of an Executive Engineer regarding the cost likely to have been incurred for the construction of the building and the amount which should be deducted from such cost on account of depreciation.

Sec. 145A Land Survey Tribunal: Sec. 145A (4) A land survey tribunal shall dispose of the suit arising out of the final publication of the last revised record of rights prepared under sec. 144. (5) If any suit arising out of the final publication of the last revised record of rights prepared under sec. 144 is instituted in any Civil Court. (6) Any person aggrieved by the final publication of the last revised record of rights prepared under sec. 144 may, within one year from the date of such publication. or from the date of the establishment of the Land Survey Tribunal. Sec. 145B Land survey Appellate Tribunal: (5) Any person aggrieved by any judgment, decree or order of the Land Survey Tribunal may, within three months from the date of such judgment, decree or order, prefer an appeal to the Land Survey Appellate Tribunal. (6) An appeal may be admitted within next three months even after the expiry of the period specified in sub-sec. (5). Sec. 145C. Appeal to the Appellate Division: An appeal from a judgment or order of the LSAT shall lie to the Appellate Division of the Supreme Court only if the Appellate Division grants leave to appeal. Art-103 of the Bangladesh Constitution says Leave to Appeal. Sec. 145D. Power and Procedure or Tribunals: (1) For the purpose of disposal of suits or appeals, a LST or a LSAT, as the case may be, shall exercise the powers and follow the Procedure under the Code of Civil Procedure, 1908, in respect of the following matters, namely: (a) Summoning (b) Discovery of document (c) requiring evidence on affidavit. (5) The LSAT may, of its own motion or upon an application made to it, by order in writing, transfer, at any stage of the proceedings, any suit from one LST to another LST within the territorial limits of its jurisdiction. Sec. 145E. Finality of Tribunals’ decisions and orders: The decisions of the LST shall be final. Sec. 145F. Bar to jurisdiction of Civil Courts: Under sec. 144 shall lie in any civil court within the territorial limits of the jurisdiction for which a LST is established under sec. 145A. Sec. 145G. Power to abolish tribunals etc. The Govt. may, by notification in the official Gazette, at any time abolish any LST established under sec. 145A and LSAT established under sec. 145B, and while so abolishing, the Govt. shall in the same notification, specify the courts where the suits, appeals and other proceedings pending in such Tribunal at the time of such abolition shall be transferred to and be disposed of. Sec. 145H. Overriding effect. Sec. 145I. Rule making power.

Sec.86. *Alluvion: Three types: 1. Re-appearance of a land lost by diluvion. 2. Gradual enhancement of a land on the bank of a river. 3. Any other land. * Before 1972 Tenant’s right in his diluviated land subsists for 20 years. * 1972-1994 shall vest in the Govt. * From 1994 Tenant’s right the lands of a holding or portion thereof during the period of loss by diluvion if such lands re-appear in situ within thirty years of their loss. Sec. 86 (1): If the land is lost by diluvion the rent-revenue shall be abetted. (2) The right, title and interest of the owner shall subsist for a period of 30 years. If the land re-appearance in situ.

(4) The collector shall take possession of the land than to prepare a map by conducting a survey. (5) The Collector shall, within 45 days of the completion of survey and preparation of map under sub-sec.(4). (6) The lands allotted under sub-sec. (5). (7) The provision of this section shall not apply to cases of re-appearance of land caused or accelerated by any artificial or mechanical process as a result of development works undertaken by the Govt. or any authority empowered or authorized by or under law to undertake such development works. If the land is re-appearance or appear or the Alluvion is a consequence.

Sec. 87. When any land has been gained by accession, whether from the recess of a river or of the sea, it shall not be considered as an increment to the holding or tenancy to which it may be thus annexed, but shall vest absolutely in the Government of the People’s Republic of Bangladesh and shall be at their disposal. Sec. 76. Settlement and use of land vested in the government. No land shall be settled with a person unless he is a person to whom transfer of land can be made under sec. 90.

Sec. 96 Right of Pre-emption: If a portion or share of a holding of a raiyat is sold to a person who is not a co-sharer tenant in the holding, one or more co-sharer tenants of the holding may, within two months of the service of the notice given under sec.98, or, if no notice has been served under sec. 98, within two months of the date of the knowledge of the sale, apply to the Court for the said portion or share to be sold to himself or themselves. Sec. 97. Restriction of alienation of land by aboriginals: (2) 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 sec.90 (3) If in any case an aboriginal raiyat desires to transfer holding or any portion thereof any private sale, gift or will to any person who is not such an aboriginal, he may apply to the Revenue-officer for permission. (5) An aboriginal raiyat’s power to mortgage his land shall be restricted to only one form of mortgage, namely, a complete usufructuary mortgage. (7) Any transfer made by an aboriginal raiyat in contravention of the provisions of this section shall be void.

Land Reforms Ordinance: Sec. 4. Limitation on acquisition of agricultural land: (1) No malik who or whose family owns more than sixty standard bighas of agricultural land shall acquire any new agricultural land by transfer, inheritance, gift or any other means. (2) A malik who or whose family owns less than sixty standard bighas of agricultural land may acquire. (3) The area of land which is in excess of sixty standard bighas shall vest in the Government and no compensation shall be payable to him, Except acquired by inheritance, gift or will. Sec. 5. No benami transaction: No person shall purchase any immovable property for his own benefit in the name of another person. * Where the owner of any immovable property transfers or bequeaths it by a registered deed.

Sec. 7. Settlement of Khas land for homestead:(1) Where in the rural area any khas land fit for being used as homestead is available, the Government shall, in settling such land, give preference to landless farmers and labourers. (2) Any land settled under sub-sec. (1) shall be heritable but not transferable.

Sec.8. Cultivation under barga contract: A barga contract shall be valid for a period of five years commencing from such date as may be specified in the barga contrac. Sec. 11. Termination of barga contract: No owner shall be entitled to terminate a barga contrac except in execution of an order, made by the prescribed authority.

Sec.12. Division of produce of barga land: The produce of any barga land shall be divided in the follwing manner, namely:- (a) one-third shall be received by the owner for the land; (b) one-third shall be received by abraders for the labour; (c) one-third shall be received by the owner or the bargadar or by both in proportion to the cost of cultivation, other than the cost of labor, borne by them.

Sec.13. Bargadar’s right to purchase: Where the owner intends to sell the barge land, he shall ask the barrater in writing if he is willing to purchase the land. * The broader shall, within fifteen days from the date of receipt of the offer, inform the owner in writing of his decision to purchase or not to purchase the land. The right of the broader is portion.

Sec.14. Ceiling of barga land: No broader shall be entitled to cultivate more than fifteen standard bights of land.

NATA: Definition: Sec. 2(4) “Non-agricultural Land” means land which is used for purposes not connected with agriculture or horticulture and includes any land which on lease for purpose not connected with agriculture or horticulture irrespective of whether it is used for any such purposes or not, but does not include- (a) a homestead to which the provisions of sec. 182 of the Bengal Tenancy Act. (b) land which was originally leased for agricultural or horticultural purpose but is being used for purses not connected with agriculture or horticulture without the consent either express or implied of the landlords, if the period for which such land has been so used is used than twelve years; and (c) land which is held for purpose connected with the Colton or manufacture of tea. Sec.2(5) “ Non-agricultural tenant” means a person who holds non agricultural land under another person with consent of that person and is, or but for a special consent would be, liable to pay rent to such person for that land and also includes the successors in interest of the former but does not include any person who holds any such land on which any premises occupied by such persons are situated if such premises have been erected, or are owned by the person to whom such occupier is, or but for such occupation.
« Last Edit: June 09, 2010, 09:27:19 AM by Shamim Ansary »
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