CHAPTER XIX
RULES
Power to make rules152. (1) The Government may, after previous publication, make rules for carrying out the purposes of this Part.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the form of the application referred to in sub-section (1) of section 86 and the manner of and procedure for determining the amount of abatement referred to in that sub-section;
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(c) the form of the notice referred to in clause (a) of sub-section (1) and sub-section (4) of section 89 and the amounts of process fees referred to therein;
(d) the Revenue Authority referred to in sub-sections (3) and (4) of section 90;
(e) the form of the notice referred to in clause (b) of sub-section (1) of section 92 and the manner in which and the period within which such notice is to be given, and the manner of publication of the notice referred to in sub-section (3) of that section;
(f) the manner of selection of land by the Revenue-officer for transferring encumbrances under section 94;
(g) the procedure to be followed and the power to be exercised by Revenue-officers in determining the rent-rates referred to in clause (a) of sub-section (1) of section 99, and the form of a table of rent-rates under that clause, the manner of preparing such table and the particulars to be specified therein;
(h) the form of a settlement rent-roll under clause (b) of sub-section (1) of section 99, the manner of preparing the same and the particulars to be specified therein;
(i) the manner of determining the normal yield per acre of land referred to in clause (b) of sub-section (2) and in sub-section (3) of section 100;
(j) the manner of determining the average rate of rent referred to in clause (f) of sub-section (2) and in sub-section (3) of section 100;
(k) the manner and period of publication of a draft table of rent-rates under sub-section (1) of section 101 and the Revenue Authority referred to in sub-section (3) of that section;
(l) the manner and period of publication of a draft settlement rent-roll under sub-section (1) of section 108, and the disposal of objections under that sub-section;
(m) the confirming authority referred to in sub-section (1) of section 109 and the manner of final publication of the settlement rent-roll under sub-section (3) of that section;
(n) the superior Revenue Authority referred to in sub-section (1) of section 110;
(o) the manner of presenting an appeal referred to in sub-section (1) of section 111;
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(q) the form of the application referred to in sub-section (1) of section 119;
(r) the manner of making the inquiry referred to in sub-section (1) of section 120, the superior Revenue Authority to whom the application referred to in that sub-section is to be submitted by the Revenue-officer and the procedure to be followed in dealing with the applications referred to in sub-section (2) of that section;
(s) the manner of preparation of the scheme for consolidation of holdings referred to in sub-section (1) of section 122 and the appointment and constitution of the Advisory Committee referred to in sub-section (2) of that section;
(t) the manner and period of publication of a draft scheme for consolidation of holdings under sub-section (1) of section 123 and the disposal of objections under that sub-section;
(u) the period within which and the manner in which an appeal under sub-section (1) of section 124 and a second appeal under sub-section (2) of that section shall be presented and the superior Revenue Authority referred to in sub-section (1) of that section;
(v) the manner of assessment of the cost of proceedings for consolidation of holdings referred to in sub-section (1) of section 132 and the recovery of such cost under that sub-section;
(w) the dates of payment of instalments of rent referred to in sub-section (1) of section 135;
(x) the manner of payment or tender of rent by postal money order under section 136;
(y) the form of the written receipt referred to in section 138;
(z) the procedure to be followed in recovering arrears of rent under section 141;
(za) the manner in which the record-of-rights referred to in section 143 shall be maintained up-to-date;
(zb) the procedure to be followed and the powers to be exercised by Revenue-officers in revising the record-of-rights under section 144.
1 Throughout this Act, the word “Bangladesh” was substituted for the words “East Pakistan” by Article 5 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972).
2 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)
3 Clause (9a) was inserted and the existing clause (9a) was renumbered as clause (9b) by section 3 of the East Bengal State Acquisition and Tenancy (Third Amendment) Ordinance, 1961 (East Pakistan Ordinance No. XV of 1961)
4 Clause (9b) was inserted by section 3 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956 (East Bengal Ordinance III of 1956) was renumbered as clause (9b) by of the East Bengal State Acquisition and Tenancy (Third Amendment) Ordinance, 1961 (East Bengal Ordinance No. XV of 1961)
5 Clause (16a) was inserted by section 3 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1960 (East Pakistan Ordinance No.XII of 1960)
6 Clause (18a) was inserted by section 3 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1958 (East Pakistan Ordinance No. XLIV of 1958)
7 Section 2A was inserted by section 4 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1958 (East Pakistan Ordinance No. XLIV of 1958)
8 Sub-section (2a) was inserted by section 4 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956 (East Bengal Ordinance No. III of 1956)
9 Clause (dd) was inserted by section 3 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1959 (East Pakistan Ordinance No. XXXIX of 1959)
10 Clauses (ff) with the proviso was inserted by section 5 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1958 (East Pakistan Ordinance No. XLIV of 1958)
11 The words, figures, brackets, commas, semi-colon within the square were substituted for the words, figures and colon “under Chapter IV:” by section 3 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1959 (East Pakistan Ordinance No. IV of 1959)
12 The words brackets, comma and letters “clauses (e), (f) and (ff)” were substituted for the words brackets and letters “clauses (e) and (f)” by section 5(3) of the East Pakistan Ordinance XLIV of 1958
13 The words and commas “may, without prejudice to may other mode of recovery,” were substituted for the word “shall” by section 4 of the East Bengal State Acquisition and Tenancy (Second Amendment) Act, 1952 (East Bengal Act No. VI of 1952)
14 Sub-section (4a) was inserted by section 2 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1961 (East Pakistan Ordinance No. III of 1961)
15 Section 3A was inserted by section 5 of the East Bengal State Acquisition and Tenancy (Second Amendment) Act, 1952 (East Bengal Act No. VI of 1952)
16 Sub-section (4a) was inserted by section 3 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1961 (East Pakistan Ordinance No. XIV of 1961)
17 Section 6A was inserted by section 9 of the East Bengal State Acquisition and Tenancy (Second Amendment) Act, 1952 (East Bengal Act No. VI of 1952)
18 Section 10A was inserted by section 2 of the East Bengal State Acquisiton and Tenancy (Amendment) Ordinance, 1960 (East Pakistan Ordinance No. IX of 1960)
19 Sub-section (2a) was substituted for the explanation by section 6 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1960 (East Pakistan Ordinance No. XII of 1960)
20 Sub-section (4A) was inserted by section 4 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1959 (East Pakistan Ordinance No. XXXIX of 1959).
21 Sub-section (4B) was added by section 2 of East Pakistan Ordinance No. I of 1971
22 Section 25A was inserted by section 12 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1958 (East Pakistan Ordinance No. XLIV of 1958)
23 Section 36A was inserted by section 3 of the East Pakistan Ordinance No. I of 1971
24 Item (d) was substituted by section 7 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1960 (East Pakistan Ordinance XII of 1960)
25 Sub-section (1a) was inserted by section 7 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1960 (East Pakistan Ordinance No. XII of 1960)
26 Clause (6a) was inserted by section 5 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1959 (East Pakistan Ordinance No. XXXIX of 1959)
27 Chapter VA was inserted by section 15 of the East Bengal State Acquisition and Tenancy (Second Amendment) Act, 1952 (East Bengal Act No. VI of 1952).
28 Section 60A was added by section 14 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956 (East Bengal Ordinance No. III of 1956)
29 The words “Assistant Judge” were substituted for the word “Munsif” by section 3 of the Civil Courts (Amendment) Act, 1987 (Act No. XIV of 1987)
30 The words “Assistant Judge” were substituted for the word “Munsif” by section 3 of the Civil Courts (Amendment) Act, 1987 (Act No. XIV of 1987)
31 Chapter IXA was substituted by section 20 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1958 (East Pakistan Ordinance No. XLIV of 1958).
32 Sub-section (1a) was added by section 17 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956 (East Bengal Ordinance No. III of 1956)
33 Sub-section (1b) was inserted by section 4 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1959 (East Pakistan Ordinance No. IV of 1959)
34 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)
35 Section 75A was inserted by section 13 of the East Bengal State Acquisition and Tenancy (Amendment) Act, 1954 (East Bengal Act No. XII of 1954)
36 Section 75B was added by section 18 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956 (East Bengal Ordinance No. III of 1956)
37 Section 76A was inserted by section 14 of the East Bengal State Acquisition and Tenancy (Amendment) Act, 1954 (East Bengal Act No. XII of 1954)
38 Section 76B was added by section 20 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956 (East Bengal Ordinance No. III of 1956)
39 Section 77A was inserted by section 5 of the East Bengal State Acquisition and Tenancy (Third Amendment) Ordinance, 1961 (East Pakistan Ordinance No. XV of 1961)
40 Clause (g) was omitted by section 4 of the East Bengal State Acquisition and Tenancy (Amendment) Act, 1964 (East Pakistan Act VI of 1964)
41 Section 81A was inserted by section 6 of the State Acquisition and Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. VIII of 1967)
42 Section 81B was inserted by section 4 of the East Pakistan Ordinance No. I of 1971
43 Clause (4), (5) and (6) were omitted by section 3 of the East Bengal State Acquisition and Tenancy (Amendment) Act, 1964 (East Pakistan Act No. XVII of 1964)
44 Section 86 was substituted by section 2 of the State Acquisition and Tenancy (Amendment) Act, 1994 (Act No. XV of 1994)
45 Section 87 was substituted by Article 2 of the State Acquisition and Tenancy (Amendment) Order, 1972 (President’s Order No. 72 of 1972)
46 Section 87 was re-numbered as sub-section (1) of that section by Article 2 of the Bangladesh State Acquisition and Tenancy (Sixth Amendment) Order, 1972 (President’s Order No. 137 of 1972)
47 Sub-sections (2) and (3) were added by Article 2 of the Bangladesh State Acquisition and Tenancy (Sixth Amendment) Order, 1972 (President’s Order No. 137 of 1972)
48 The colon (:) was substituted for the full-stop (.) at the end of section 88 and thereafter the proviso was added by Article 3 of the State Acquisition and Tenancy (Amendment) Order, 1972 (President’s Order No. 72 of 1972)
49 Sub-sections (4) and (5) were added by Article 2 of the State Acquisition and Tenancy (Second Amendment) Order, 1972 (President’s Order No. 88 of 1972)
50 Sub-section (4) was substituted by Article 2 of the State Acquisition and Tenancy (Second Amendment) Order, 1973 (President’s Order No. 24 of 1973)
51 The words and commas “or any Officer authorised in this behalf by the Government shall, on application made by the mortgagor, put the applicant in possession of such land by evicting the mortgagee therefrom and may, for such eviction, use or cause to be used such force as may be necessary” were inserted by Article 2 of the State Acquisition and Tenancy (Second Amendment) Order, 1973 (President’s Order No. 24 of 1973)
52 Section 95A was inserted by Article 3 of the State Acquisition and Tenancy (Second Amendment) Order, 1972 (President’s Order No. 88 of 1972)
53 The words and comma “either by way of an out and out sale with an agreement to reconvey,” were inserted by Article 2 of the State Acquisition and Tenancy (Fifth Amendment) Order, 1972 (President’s Order No. 136 of 1972)
54 The word “or” was inserted by Article 3 of the State Acquisition and Tenancy (Second Amendment) Order, 1973 (President’s Order No. 24 of 1973)
55 Section 96 was substituted by section 2 of the State Acquisition and Tenancy (Amendment) Act, 2006 (Act No. XXXIV of 2006)
56 The word and comma “Banais,” was inserted by section 3 of the State Acquisition and Tenancy (Amendment) Act, 1974 (Act No. LXI of 1974)
57 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)
58 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)
59 The words “Provisions as to assessment, enhancement and reduction of rent” were substituted for the words “Provisions as to enhancement and reduction of rent” by section 5 of the East Pakistan Ordinance No. I of 1971.
60 Section 98A was inserted by section 6 of the East Pakistan Ordinance No. I of 1971
61 Section 106A was inserted by section 16 of the State Acquisition and Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. VIII of 1967)
62 The words “Board of Land Administration” were substituted for the word “Government” by section 4 and the Schedule of the Laws (Amendment) Ordinance, 1982 ( XLI of 1982)
63 Section 111A was inserted by section 18 of the State Acquisition and Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. VIII of 1967)
64 Sub-section (1a) was inserted by section 21 of the East Bengal State Acquisition and Tenancy (Third Amendment) Ordinance, 1961 (East Pakistan Ordinance No. XV of 1961)
65 Sub-section (2a) was inserted by section 21 of the East Bengal State Acquisition and Tenancy (Third Amendment) Ordinance, 1961 (East Pakistan Ordinance No. XV of 1961)
66 The words “Board of Land Administration” were substituted for the word “Government” by section 4 and the Schedule of the Laws (Amendment) Ordinance, 1982 (XLI of 1982)
67 Section 134A was inserted by section 8 of the East Bengal State Acquisition and Tenancy (Amendment) Act, 1964 (East Pakistan Act No. XVII of 1964)
68 Section 141A was inserted by section 20 of the State Acquisition and Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. VIII of 1967)
69 Section 143B and 143C were added by section 3 of the State Acquisition and Tenancy (Amendment) Act, 2006 (Act No. XXXIX of 2006)
70 Sub-section (4A) was added by section 7 of East Pakistan Ordinance No. I of 1971
71 The words, brackets, figure and letter “and the rents assessed or re-assessed under sub-section (4A)” were inserted by section 7 of the East Pakistan Ordinance No. I of 1971
72 The words “Director of Land Records and Surveys” were substituted for the words “Board of Revenue” by Article 3 and the Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President’s Order No. 12 of 1973)
73 Sections 144A and 144B were inserted by section 14 of the State Acquisition and Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. VIII of 1967)
74 Chapter XVIIA was inserted by section 2 of the State Acquisition and Tenancy (Amendment) Act, 2004 (Act No. IX of 2004).
75 Section 146 was substituted by Article 3 and the Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President’s Order No. 12 of 1973)
76 The words “Board of Land Administration” were substituted for the word “Government” by section 4 and the Schedule of the Laws (Amendment) Ordinance, 1982 ( XLI of 1982)
77 Sub-sections (2) and (3) were substituted by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)
78 Clause (aa) was inserted by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)
79 Clause (b) was omitted by Article 3 and the schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President’s Order No. 12 of 1973)
80 Clause (c) was substituted by Article 3 and the Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President’s Order No. 12 of 1973)
81 The words “Board of Land Administration” were substituted for the word “Government” by section 4 and the Schedule of the Laws (Amendment) Ordinance, 1982 ( XLI of 1982)
82 The words “Commissioner of a division” were substituted for the words “Collector of a district” by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)
83 Clauses (b) was substituted by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)
84 The words “Board of Land Administration” were substituted for the word “Government” by section 4 and the Schedule of the Laws (Amendment) Ordinance, 1982 ( XLI of 1982)
85 Clause (c) was omitted by Article 3 and the Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President’s Order No. 12 of 1973)
86 Sub-section (1a) was inserted by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)
87 Sub-section (2) was omitted by Article 3 and the Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President’s Order No. 12 of 1973)
88 Sub-section (3) was substituted by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)
89 The words “Board of Land Administration” were substituted for the word “Government” by section 4 and the Schedule of the Laws (Amendment) Ordinance, 1982 ( XLI of 1982)
90 Sub-section (4) was substituted by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)
91 The words “Board of Land Administration” were substituted for the word “Government” by section 4 and the Schedule of the Laws (Amendment) Ordinance, 1982 ( XLI of 1982)
92 Chapter XVIIIA was inserted by section 9 of the State Acquisition and Tenancy (Amendment) Ordinance, 1969 (East Pakistan Ordinance No. XXI of 1969).
93 The words “Commissioner of the Division” were substituted for the word “Government” by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)
94 Sub-section (6a) was inserted by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)
95 The words “Board of Land Administration” were substituted for the word ‘Government’ by section 4 and the Schedule of the Laws (Amendment) Ordinance, 1982 ( XLI of 1982)
96 Sub-section (7) was omitted by Article 3 and the Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President’s Order No. 12 of 1973)
97 The words “Board of Land Administration” were substituted for the word ‘Government’ by section 4 and the Schedule of the Laws (Amendment) Ordinance, 1982 ( XLI of 1982)
98 The words “the Commissioner of the Division or” were inserted by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)
99 The words “Commissioner of the Division” were substituted for the word “Government” by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)
100 Sub-sction (2a) was inserted by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)
101 The words “Board of Land Administration for the revision of such order and the order of that Board shall be final” were substituted for the words “Government for the revision of such order” by section 4 and the Schedule of the Laws (Amendment) Ordinance, 1982 ( XLI of 1982)
102 Sub-section (3) was omitted by Article 3 and the Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President’s Order No. 12 of 1973
103 Chapter XVIIIB was added by Article 2 of the State Acquisition and Tenancy (Third Amendment) Order, 1972 (President’s Order No. 96 of 1972).
104 The words, figures and comma “By the 31st day of January 1973” were substituted for the words, brackets, figures, and comma “Within ninety days from the date of commencement of the State Acquisition and Tenancy (Third Amendment) Order, 1972” by Article 2 of the State Acquisition and Tenancy (Seventh Amendment) Order, 1972 (President’s Order No. 157 of 1972)
105 The colon (:) was substituted for the full-stop (.) and the proviso was added by Article 2 of the State Acquisition and Tenancy (Amendment) Order, 1973 (President’s Order No. 5 of 1973)
106 Section 151J was substituted by Article 3 of the Bangladesh State Acquisition and Tenancy (Fourth Amendment) Order, 1972 (President’s Order No. 135 of 1972)
107 The words “five years” were omitted by Article 3 of the State Acquisition and Tenancy (Seventh Amendment) Order, 1972 (President’s Order No. 157 of 1972)
108 Clause (b) was omitted by Article 4 of the State Acquisition and Tenancy (Amendment) Order, 1972 (President’s Order No. 72 of 1972)
109 Clause (p) was omitted by section 7 of the East Bengal State Acquisition and Tenancy (Amendment) Act, 1964 (East Pakistan Act No. XVII of 1964)