THE STATE ACQUISITION AND TENANCY ACT, 1950 (EAST BENGAL ACT), PART V, CHAPTER XII

PART V

CHAPTER XII

APPLICATION OF THIS PART AND CLASS OF AGRICULTURAL TENANTS

Commencement of this Part79. This Part or any portion thereof shall come into force in such areas, on such dates and to such extent as the Government may, by notification, direct and when any portion of this Part comes into force in any area, the provisions of such portion shall have effect in such area notwithstanding anything contained in any other law for the time being in force.

Repeal80. On and from the date of coming into force of the whole of this Part in any area, the enactments specified in the Schedule shall be repealed in that area to the extent mentioned in the fourth column of the Schedule.

Class of agricultural tenants and regulation of their rights and liabilities81. (1) On and from the date of coming into force of the whole of this Part in any area, there shall, within that area, be only one class of holders of agricultural land, namely, maliks, and the rights and liabilities of every such land-holder shall be regulated by the provisions of this Part:

Provided that nothing in this section shall confer on any such malik any right to any interests in the sub-soil including rights to minerals in his holding:

Provided further that when the Government lease out any land for any particular period, the rights and liabilities of such a lessee shall be governed by such terms and conditions as may be set forth in the lease.

Rights and liabilities of non-agricultural tenants41[81A. (1) Except as otherwise provided in this Part, the rights and liabilities of a holder of non-agricultural land, who has become a tenant under the Government in respect of such land by virtue of the acquisition of the superior right in such land under the provisions of this Act, shall, where the provisions of the East Bengal Non-Agricultural Tenancy Act, 1949, applied to such land, at the time of such acquisition, be regulated by provisions of that Act.

(2) The rights and liabilities of other non-agricultural tenants shall, except in the matter of determination, enhancement or reduction of rent, be governed by the terms of the lease and the provisions of the Transfer of Property Act, 1882:

Provided that notwithstanding anything contained in this Act or in any other law for the time being in force or in any contract, no non-agricultural tenant shall sublet the whole or any part of his tenancy on any terms and conditions whatsoever and, if any tenancy or any part of a tenancy is sublet in contravention of this provision, the interest of the non-agricultural tenant in the tenancy or in that part of the tenancy, as the case may be, shall be extinguished, and the tenancy or the part of the tenancy shall vest in the Government from the date of such subletting free from all encumbrances.]

Registration of lease deed42[81B. Notwithstanding anything contained in sections 81 and 81A or any other law for the time being in force, no agricultural or non-agricultural tenancy shall in law be created or deemed to have been created, even after acceptance of salami and/or rent from the lessee, till a deed of lease has been executed in favour of the lessee by an authority competent to grant lease of Government khas land or any other gazetted officer duly authorised in this behalf and the said lease has been duly registered under the provision of clause (d) of sub-section (1) of section 17 of the Registration Act, 1908.]

Interpretation82. In this Part,-

(1) “bona fide cultivator” means a person who cultivates lands by himself or by members of his family or by, or with the aid of, servants or labourers or with the aid of partners or bargadars, and also includes an agricultural labourer;

(2) “raiyat” means a person who, by virtue of section 44 or otherwise, has acquired a right to hold land directly under the Government mainly for the purpose of cultivating it by himself or by members of his family or by, or with the aid of, servants or labourers or with the aid of partners or bargadars, and includes also the successors-in-interest of persons who have acquired such a right;

(3) the family of a raiyat includes all persons living in the same mess with him and dependent upon him but does not include any servant or labourer ;

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(7) except when expressly provided otherwise, ÔÇÿtransfer’ includes a transfer by private sale, mortgage, gift or any contract or agreement; and

(8) on and from the date of coming into force of the whole of this Part in any area, the word ÔÇÿmalik’ shall be deemed to have been substituted for the word raiyat or ÔÇÿtenant’ and the word ÔÇÿland revenue’ shall be deemed to have been substituted for the word ÔÇÿrent’ wherever they occur in this Part in relation to agricultural land, for the purpose of application of the provisions of this Part to such area and where by the terms of any lease, kabuliyat, contract or other agreement, rent is payable to the Government, it shall be realisable as if it were land revenue.

Explanation.- Where a tenant of land has the right to bring it under cultivation, he shall be deemed to have acquired a right to hold it for the purpose of cultivation, notwithstanding that he uses it for the purpose of gathering the produce of it or of grazing cattle on it.

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