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 Govt. alone”. Explain and illustrate.
Rent receiving interest from the land firstly goes to the landlord. There must be some duties and responsibilities between the landlord and the tenant. But the only authority to remove rent receiving interest of land from the landlord is Govt alone. So to justify the topics I have to understand rights and duties on land along with property and land law and ultimately the rights and legal duties of estate or Govt. All the interests of all the proprietors in their respective estates, of all the tenure-holders in their respective tenures and of all other rent-receivers in the holdings or tenancies respectively let out by such rent-receivers within the area to which such roll relates or in such parts of such estates, tenures or holdings, or tenancies, as the case may be, as are within such area including the interests of all such proprietors, tenure-holders and other rent-receivers in all lands comprised in such estates, tenures and holdings or tenancies or part of such estates, tenures and holdings or tenancies within such area which are in the khas possession of such proprietors, tenure-holders and other rent-receivers and the interests of all such rent-receivers in all sub-soil including any rights to minerals in such estates, tenures and holdings or tenancies or part of such estates, tenures and holdings or tenancies within such area other than the interests which have already been acquired.
2. “Landlord” includes,
(a) the owner of a rental unit or any other person who permits occupancy of a rental unit, other than a tenant who occupies a rental unit in a residential complex and who permits another person to also occupy the unit or any part of the unit,
(b) The heirs, assigns, personal representatives and successors in title of a person referred to in clause (a), and
(c) A person, other than a tenant occupying a rental unit in a residential complex, who is entitled to possession of the residential complex and who attempts to enforce any of the rights of a landlord under a tenancy agreement or this Act, including the right to collect rent.
3. Property law
Property law is the area of law that governs the various forms of ownership and tenancyin real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property.
The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty.
Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England.
4. Land law
Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these species of property are referred to as real estate or real property, as distinct from personal property.
Land rights are such a basic form of law that they develop even where there is no state to enforce them; for example, the claim clubs of the American West were institutions that arose organically to enforce the system of rules appurtenant to mining. Squatting, the occupation of land without ownership is a globally ubiquitous and important form of land use.
Sovereignty, in common law jurisdictions, is often referred to as absolute title, radical title, or allodial title. Nearly all of these jurisdictions have a system of land registration, to record fee simple interests, and a land claim process to resolve disputes.
Indigenous land rights are recognized by international law, as well as the national legal systems of common law and civil law countries. In common law jurisdictions, the land rights of indigenous peoples are referred to as aboriginal title. In customary law jurisdictions, customary land is the predominant form of land ownership.
A land value tax is a component of tax law in nearly all jurisdictions. Land reform refers to government policies that take and/or redistribute land, such as a land grant.
Land rights refer to the inalienable ability of individuals to obtain, utilize, and possess land at their discretion, as long as their activities on the land do not impede on other individuals’ rights. This is not to be confused with access to land, which allows individuals the use of land in an economic sense (i.e. farming). Instead, land rights address the ownership of land which provides security and increases human capabilities. When a person only has access to land, they are in constant threat of expulsion depending on the choices of the land owner, which limits financial stability.
Globally, there has been an increased focus on land rights, as they are so pertinent to various aspects of development. According to Wickeri and Kalhan, land ownership can be a critical source of capital, financial security, food, water, shelter, and resources. The UN Global Land Tool organization has found that rural landlessness is a strong predictor of poverty and hunger, and negatively impacts Empowerment and the realization of Human rights. In order to home in on this critical problem of inadequate land rights, The Millennium Development Goal 7D strives to improve the lives of 100 million slum dwellers. This includes increased land rights for impoverished people, which will ultimately lead to a higher quality of life.
Although land rights are fundamental in achieving higher standards of living, certain groups of individuals are consistently left out of land ownership provisions. The law may provide access to land, however, cultural barriers and poverty traps limit minority groups’ ability to own land. In order to reach equality, these groups must obtain adequate land rights that are both socially and legally recognized.
5. Interests in Land
‘Interests’ are generally rights which a person enjoys over land owned by someone else. They can be divided into 2 sections, 1) rights recognised by law – legal Interests or 2) rights recognised by equity – equitable Interests.
a) Legal Interests
The interests in or over land which are capable of being legal interests are those identified in s.1(2) Law of Property Act 1925. They are:
· An easement, right or privilege in or over land equivalent to the duration of an estate in fee simple absolute in possession or a term of years absolute;
· A rent charge, i.e. the land is charged with the payment of an annual or periodic sum to a rent charge owner (this does not include rent paid under a lease);
· A charge by way of legal mortgage;
· A right of entry exercisable over or in respect of a legal term of years absolute or as an extension to a legal rent charge.
If it falls within s.1 (1) or (2) LPA 1989, a right will be legal if it has been created with proper formality, which usually means the use of a deed.
b) Equitable interests
Traditional Equitable interests include:
- The interest of a beneficiary under a trust. A trust exists when the legal estate in property is held by one person (known as a trustee) upon trust for another (known as a beneficiary), either because an express trust is created or because equity recognises that a trust exists because of the circumstances:
For example; Steve buys land with money provided by Angela. Steve will hold the legal estate in the land as a trustee on trust for Angela who is known as a beneficiary.
- The interest arising under a contract relating to a legal estate or legal interest e.g. an agreement to buy land. If Steve agrees to buy the land from Angela as soon as the agreement is made Steve will have an equitable interest in that land.
· Restrictive covenants. A restrictive covenant is a contract contained in a deed by which one person promises not to do something on his land
Interests which are not create properly
Usually a deed is required to transfer or create a legal estate or interest in land. Where an interest in land is capable of being a legal interest, but is only contained in a written agreement and does not follow the appropriate requirements of a deed the interest will only become an equitable one.
Legal interests in Land
· The two legal estates are the largest and most important of the rights to land which are recognized by law, as opposed to operating in equity. However, there are lesser rights which are accepted in law and which are not regulated to an existence in equity only. These lesser interests are called ‘legal interests or charges’ and they are listed in LPA 1925, s. 1(2). The following is a brief introduction to each of these rights.
· Easements are not easily defined but are easily recognizable once encountered. Essentially, they are rights attached to one piece of land, either entitling its occupants to do something on another’s property, or preventing the owner of that other property from interfering with the passage of some benefit to the first piece of land. Thus one may have the right to walk over one’s neighbor’s land or perhaps the right to prevent the neighbor building so as to block the passage of light to one’s windows. In each case there is a piece of land which is benefited by the easement and a piece of land which is burdened with it. There are many types of easement, such as rights to storage or drainage, the right to water and a great number of others.
Related to easements, are also capable of existing at law under s. 1(2) (a), are profits a render. These are rights to take something from land which belongs to another estate owner; for example a right to cut wood on another’s property.
· The first thing to note about the term ‘rent charge’ is that it does not refer to rent which is payable under a lease, but to another arrangement whereby land is charged with the payment to someone of an annual or periodic sum. If money is not paid, the person with the benefit of the rent charge is entitled to enter upon the land in order to enforce payment.
At one time, and in certain parts of the country, it was rare for an estate in fee simple to be sold for a single payment of money; instead the vendor took a lump sum plus a rent charge securing an annual payment. However the Rent charges Act 1977 prevented the creation of any new rent charges of this type, provided that any existing ones are to end 60 years after the Act came into force, and gave the estate owner of the charged land the right to redeem the rent charge earlier on the payment of compensation.
The 1977 Act did not, however, abolish rent charges altogether and they may still be created for certain purposes. Thus it is still possible to leave a property to a person, subject to a rent charge obliging him to make a periodical payment to your widow or widower, or to some other member of your family, in order to provide for the maintenance of such person.
It is also still possible to create ‘estate rent charges,’ which are used to ensure that the estate owner of the charged land makes a payment towards the upkeep of facilities on other land. An example of this type is the rent charge obliging the estate owner to pay an annual sum towards the maintenance of a road on his neighbor’s property. These rent charges are a means of providing for the enforcement of positive covenants in freehold land.
For a rent charge to be a legal interest in land it must last for the same period as one of the two legal estates; that is, either in perpetuity or for a fixed period.
· A mortgage is the means whereby an estate in land is charged with the repayment of a debt or the performance of some other obligation. For example, the borrower provides security for a loan by granting a mortgage to the lender. The mortgagee obtains an estate or interest in the mortgaged property by virtue of this arrangement. If the borrower fails to repay the loan, the mortgagee may take the mortgagor’s property and sell it to satisfy the debt.
The charge by way of legal mortgage is one of the three types of mortgage recognized by LPA 1925, ss. 85-87. The other two are not mentioned in LPA 1925, s. 1(2) because they are created in a manner which gives the mortgagee a legal estate in the mortgaged property (in fact a lease) and are therefore legal by virtue of s. 1(1).
· The rather peculiar wording of this section is due to the repeal of the first four words, which originally referred to ‘land tax’ and ‘tithe rent charge.’ The charges in this category are all created by statue and are rarely encountered.
· This heading includes rights of entry included in leases or annexed to rent charges. It is usual to include in a lease a clause which allows the landlord to recover, or‘re-enter’ the property should the tenant be in breach of any of his obligations under the lease. This right is a legal right in itself under s.1 (2) (e) and is regarded as an interest in land. A similar right is usually included in a rent charge, so that the owner of the rent charge may enter and recover the land should the owner of the charged estate fail to pay the sums due.
6. Land Law of Bangladesh
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 subsoiland right to mineral.
* Sec. 3(2): those properties 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 encumbrances.
* Rent receiver shall allow retaining 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 anybody 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 entitling 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 laborers’. (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 contract.
Sec. 11. Termination of barga contract: No owner shall be entitled to terminate a barga contract 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 following manner, namely: – (a) one-third shall be received by the owner for the land; (b) one-third shall be received by bargadar for the labor; (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 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.
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 successor 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.
From the above discussion we can conclude that Land rights are such a basic form of law that they develop even where there is no state to enforce them; for example, the claim clubs of the American West were institutions that arose organically to enforce the system of rules appurtenant to mining. Squatting, the occupation of land without ownership is a globally ubiquitous and important form of land use. And if we consider the land law of Bangladesh we can conclude by the given section 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 subsoiland right to mineral. * Sec. 3(2): those properties 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 encumbrances.
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 LPA 1925, s.1 (2): Legal interests
 Rights of entry (s. 1(2) (e))