Key Terms and Their Meanings

1. Amalgamation: This means combining or merging two or more pieces of land that belong to one person into one single piece of land.
   • One owner.
   • The owner can object.
2. Consolidation: This means combining or merging pieces of land that belong to different people into one larger piece of land.
   • Several Owners.
   • Can’t Object if not 2/3 agree.
3. Sub-division: This means splitting one piece of land into several smaller pieces.
   • Several Owners.
   • On application of parties.

These actions help both the people working on the land (raiyats) and the government. They make it easier to pay and collect taxes, use the land better, and help people and communities grow economically.

Why Are These Actions Important?

1. Payment and Collection of Revenues: When land is combined or managed better, it’s easier for the government to collect taxes and for people to pay them.
2. Better Use of Lands: By managing land properly, people can use it more effectively for farming or other purposes.
3. Economic Progress: Proper land management helps both individuals and communities to improve financially.

The Legal Background

The rules for amalgamation, consolidation, and sub-division are found in Chapter XV of the State Acquisition and Tenancy Act, 1950. This law explains how to handle these actions legally.

Historical Context

Although the law includes provisions for amalgamation and consolidation, these actions have not been widely used in the country. To explore these options, the government started a pilot project in the late 1960s. This project aimed to consolidate land in two areas: Deviganj and part of Boda in Dinajpur. The project covered:

• 175 square miles
• 182 villages
• 297,683 plots (pieces of land)
• 66,088 khatiyans (official land records)

The project began in June 1961 and ended in June 1962. However, it faced strong opposition from local people, including tenant farmers (bargadars). Due to this opposition, the government stopped the project and invalidated the work done under it.

The Enquiry Committee

To understand the issues better, the government formed a committee called the Land Revenue Administrative Enquiry Committee, East Pakistan. This committee investigated and published its report in 1962. The committee concluded that forced consolidation of land would not be accepted by the tenants of East Pakistan.

Reasons for Opposition

1. Small Land Holdings: Most tenants had very small pieces of land, with 75% holding less than three acres each.
2. Inheritance Laws: These laws led to land being divided into even smaller pieces with each generation, making consolidation impractical.

Amalgamation of Holdings? [Section 116]

What is Amalgamation of Holdings?

Amalgamation of Holdings is a process that combines multiple plots of land, owned by one person, into a single plot. This process is governed by the State Acquisition and Tenancy Act, 1950.

Example:

Let’s say X owns three separate plots of land in the same village (mouza). Each plot has its own separate document (khatiyan) showing X as the owner. Additionally, X also has a share in another plot of land, which is jointly owned with others, and his name is recorded in the joint khatiyan.

What does X want to do?

X wants to merge all these plots into a single plot, with a single khatiyan that shows all four plots as one. This is where Amalgamation of Holdings comes in.

How does it work?

To achieve this, X needs to follow two steps:

1. Amalgamation: Combine the three separate plots of land into one tenancy.
2. Sub-division: Divide the jointly owned plot into X’s share, so it can be added to the other three plots.

Who can initiate the process?

The Assistant Commissioner (Land) can initiate the process on their own or upon receiving an application from X or other co-sharer tenants.

What are the requirements?

Before making an order, the Assistant Commissioner (Land) must:

1. Give reasonable notice to all parties involved to appear and be heard in the matter.
2. Follow the same steps as a mutation miscellaneous case (a type of court case).
3. Collect a court fee of TK 100.

What are the benefits?

After the amalgamation process, X will have a single khatiyan that shows all four plots as one, making it easier to manage and maintain his land.

Sub-Division of Holding [Section 117]

What is “Subdivision of Holding”?

“Subdivision of holding” refers to dividing a large piece of land, which is owned jointly by several people, into smaller parts. This helps each owner manage their portion of the land separately, especially for paying taxes or revenues.

The Law

According to Section 117 of the State Acquisition and Tenancy Act, 1950, the process of subdivision is legally structured. Here’s how it works:

Application for Subdivision

• If several people own a piece of land together (called joint tenancy), any one or more of these owners (co-sharers) can request to split the land into smaller parts.
• They need to make an application for this purpose.

Role of the Revenue Officer

• Once the application is received, a Revenue Officer will review it.
• The officer can order the land to be divided fairly among the co-owners.
• This includes dividing any unpaid rent fairly.

Notification and Hearing

• Before the officer makes a final decision, all parties involved must be notified and given a chance to speak about the matter. This ensures fairness.

Special Considerations for Rent

• If the subdivision results in a portion of the land where the rent is less than one taka (the currency), the rent will be rounded up to one taka.
• This helps in managing small amounts of rent efficiently.

Demarcation and Mapping

• After the land is divided, the boundaries of each new piece can be marked on the ground.
• These divisions are also shown on official land maps.

Administrative Process

1. Mutation: This is the process of updating land records to reflect the new ownership after subdivision.
2. Reports and Attestations:
   • The Tahshildar (a local revenue officer) prepares a report.
   • The local Union Council Chairman must also attest (verify) the changes.
3. Redistribution of Taxes:
   • Land development taxes are adjusted based on the new, smaller land holdings.
   • Current and past due taxes are collected from the new owners according to the new tax rates.

Timeframes

• The entire process should be completed within 120 days of the landowner’s death.
• After receiving the Tahshildar’s report, all steps must be done within 60 days.

Encouraging the Process

• The government expects the Tahshildar to inform people about the need to apply for mutation and subdivision.
• This helps ensure that all land records are up to date and that taxes are correctly collected.

Summary

“Subdivision of holding” is a legal way to split jointly-owned land into smaller parts, making it easier for each owner to manage and pay taxes. The process involves applying for subdivision, reviewing and ordering by a Revenue Officer, marking the new divisions, and updating land records. It also includes specific steps to ensure fairness and efficiency in tax collection. The government sets strict timelines for completing these steps to keep land records accurate and up to date.

Consolidation of Holdings [Section 117]

What is Consolidation of Holdings?

Consolidation of holdings means reorganizing the land areas that different people own, so each person has their land in one or fewer places, instead of many small plots spread out. This is done to make farming and land use easier and more efficient.

Definition in Law

According to section 2(7) of the State Acquisition and Tenancy Act, 1950:

• Consolidation involves re-distributing land to make separate land holdings more compact.
• The goal is to reduce the total number of separate plots that each person owns.

Detailed Process

1. Purpose of Consolidation:
   • To make separate holdings more compact.
   • To reduce the number of separate plots that each person owns.
2. How it is Done:
   • Redistribution: This means rearranging the land so that the areas are more compact and fewer in number.
   • Combining Land: Bringing together two or more land holdings that are owned by different people.
3. Who Can Initiate Consolidation:
   • Tenants: One or more tenants can apply for consolidation.
   • Revenue Officer: An official responsible for managing land can also start the process on their own.
4. Notice Requirement:
   • Before any consolidation happens, a notice must be given to the people involved.
   • This notice is to inform them and give them a chance to voice their opinions.
5. Rent After Consolidation:
   • Once the land is consolidated, each new holding will have a single rent amount.

Court’s View on Consolidation

The court provides additional clarity on what consolidation means:

• Redistribution: It involves rearranging the land areas.
• Purpose: To make separate holdings more compact and reduce the number of separate plots.

Features of Consolidation

1. Focus on Holdings: The process is specifically about land holdings.
2. Redistribution: It involves rearranging parts or all of the land areas.
3. Reducing Plots: The aim is to have fewer, more compact plots of land.

Requirements for Consolidation

1. Application or Initiative:
   • Consolidation can start from an application by tenants.
   • It can also be initiated by a Revenue Officer.
2. Prior Notice:
   • Affected parties must receive notice beforehand.
   • This allows them to be informed and participate in the decision-making process.

In summary, consolidation of holdings is a legal process aimed at making land ownership more efficient by reducing the number of separate plots each person owns and arranging the land in a more compact manner. This process can be initiated by tenants or by a Revenue Officer and requires proper notice to all parties involved. After consolidation, each new holding will be subject to a single rent.

Who can apply for Consolidation? [Section 119]

Consolidation is a process that helps to combine small pieces of land into a larger, more manageable area. This process is useful for farmers or landowners who have multiple small plots of land in the same or nearby villages.

According to Section 119, the following people can apply for consolidation:

1. Two or more raiyats: A raiyat is a person who owns or cultivates land. If two or more raiyats have land in the same village or in villages that are next to each other, they can apply for consolidation.
2. Specific requirements: These raiyats must apply in a specific format (called a “prescribed form”) to the Revenue Officer, who is a government official responsible for managing land records. Along with their application, they must also submit a plan (called a “scheme”) that explains how they want to consolidate their land.

Special Case: Majority of Raiyats in a Village

There’s a special rule that applies when a large number of raiyats in a village want to consolidate their land. If:

• Two-thirds of the raiyats in a village agree to consolidate their land, and
• These raiyats own three-fourths of the total cultivable area in that village,

then their application will be considered as if it’s been made on behalf of all the raiyats in the village. This means that even if some raiyats in the village don’t want to consolidate their land, the majority decision will still apply to everyone.

In summary, two or more raiyats with land in the same or nearby villages can apply for consolidation, and in certain cases, a majority of raiyats in a village can apply on behalf of all the raiyats in that village.