1. Definition of Sub-letting

1.1. Basic Meaning of Sub-letting

• Sub-letting generally means renting out a part of a property that you have rented yourself. It’s like you are sharing your rented space with someone else, and they pay you rent for using that space.

1.2. Example from Legal Case

• In the case of the Government of East Pakistan v. Md. Hossain (1964), the court explained sub-letting as creating a subordinate tenancy where the sub-tenant would usually pay rent to the original tenant, not directly to the government or the main landlord.

💡 Summary

• Sub-letting: Renting out a part of a property that you have rented yourself.
• Example: You rent a house, and then rent out a room to someone else. They pay you rent, not the original landlord.
• Legal definition: Creating a subordinate tenancy where the sub-tenant pays rent to the original tenant, not directly to the main landlord.
• Other Name: sub-leasing.

2. Regular Provision of Sub-letting

2.1. Section 93 for Agricultural Land

Section 93 of the State Acquisition and Tenancy Act, 1950, is a law that deals with agricultural land.

Key Terms:

• Raiyat: A tenant or farmer who holds agricultural land.
• Sub-let: When someone who is renting land rents it out to another person.
• Malik: The owner of the land.
• Deputy Commissioner: A government official who has administrative authority in a district.
• Encumbrances: Legal claims or restrictions on the property, such as mortgages or leases.

2.1.1. Main Points of Section 93:

1. No Sub-letting Allowed:
   • A raiyat (tenant farmer) is not allowed to rent out or lease any part of his land to someone else. This means the farmer who is renting the land cannot give it to another person to use.
2. Consequences of Sub-letting:
   • If a raiyat does sub-let the land (which means they rent it out to someone else), they lose their rights to that land.
   • The government will take over the land from the date it was sub-let. The land will become government property without any legal claims from the previous raiyat.
3. Government Action:
   • When a raiyat’s rights are taken away because they sub-let the land, the Deputy Commissioner (a government official) can take control of the land.
   • Before taking control, the Deputy Commissioner must notify both the original raiyat (sub-lessor) and the person to whom the land was sub-let (sub-lessee).
   • The notice will include details about the land and the government’s decision to take it over. It will also explain why this action is being taken and invite objections.
4. Opportunity for Objections:
   • Both the sub-lessor and the sub-lessee can object to the government’s decision within a specified time period.
   • The Deputy Commissioner will consider any objections before making a final decision.

Purpose of Section 93:

• To Support the Act’s Objectives:
  • This rule helps achieve the goals of the State Acquisition and Tenancy Act, 1950. The main goal is to regulate and manage agricultural land properly.
  • If farmers were allowed to sub-let land freely, it would be difficult for the government to control and organize land use effectively. This provision ensures that the land is used according to the Act’s regulations.

💡 Summary

Main Points:

• A tenant farmer (raiyat) cannot rent out or lease their land to someone else.
• If a raiyat sub-lets the land, they will lose their rights to the land.
• The government will take over the land, and it will become government property.
• The government official (Deputy Commissioner) will:
  • Take control of the land
  • Notify the original raiyat and the person who rented the land
  • Provide details about the land and the reason for taking it over
  • Allow objections from both parties
• Both parties can object to the government’s decision within a specified time period.
• The Deputy Commissioner will consider objections before making a final decision.

Purpose of Section 93:

• To support the goals of the State Acquisition and Tenancy Act, 1950
• To regulate and manage agricultural land properly
• To prevent uncontrolled sub-letting of land, which would make it difficult for the government to control and organize land use effectively.

2.2. Section 81A(2) for Non-Agricultural Land

• Key Points 1st to understand:
  1. Tenant: A person who rents land.
  2. Non-agricultural Land: Land used for purposes other than farming.
  3. Sub-let: When a tenant rents the land they are renting to someone else.
  4. Prohibition: Something that is not allowed.
  5. Encumbrances: Legal claims or restrictions on the land.

1. Basic Rule:
   • The law says that a person who rents non-agricultural land (a tenant) is not allowed to rent out (sub-let) all or part of that land to someone else.
2. What Happens if They Do Sub-let?:
   • If a tenant does rent out the land or part of it to another person, they will lose their rights to the land. This means they no longer have any legal claim to it.
   • The land they rented out will then become the property of the Government. The Government takes over the land, and it no longer has any previous legal claims or restrictions attached to it.
3. Reason for the Rule:
   • This rule is in place to support the goals of the State Acquisition and Tenancy Act, 1950. The purpose of this Act is to manage and control the use of land. Allowing tenants to sub-let would undermine these goals.

Additional Information from Other Laws:

• Section 26A of the Non-Agricultural Tenancy Act, 1949:
  • Similar to Section 81A(2), this section also says tenants cannot sub-let non-agricultural land.
  • Introduced by the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967.

Detailed Points:

1. Prohibition (Not Allowed):
   • No tenant renting non-agricultural land can sub-let any part of it, under any conditions. This is true even if other laws or agreements might suggest otherwise.
2. Consequences of Sub-letting:
   • If a tenant sub-lets:
     • They lose their rights to the part of the land they sub-let.
     • That part of the land automatically becomes Government property.
     • The land becomes free of any old legal claims or restrictions.

Why This Matters:

• This rule ensures that non-agricultural land is used in a way that meets the government’s objectives. If tenants were allowed to sub-let, it might complicate land management and undermine the purpose of these land laws.

By following this rule, the government maintains control and ensures that the land is used appropriately according to the State Acquisition and Tenancy Act, 1950.

3. Irregular Provision of Sub-letting

3.1. Section 75A of the State Acquisition and Tenancy Act, 1950

Background Information

State Acquisition and Tenancy Act, 1950: This law was created to manage land ownership and tenancy in a fair way. The goal was to make sure people who worked on the land (tenants or farmers) were treated fairly and not exploited by landowners (maliks).

Key Issue

After the Act was introduced, some people who were allowed to keep up to 375 bighas of land (a measure of land area) were not using the land themselves. Instead, they were renting it out to others, creating “sub-tenancies”. This went against the purpose of the Act because:

1. It made tenants indirectly work for the state through intermediaries (the original landholders).
2. Tenants ended up paying higher rents because of these middlemen.

Response: Introduction of Section 75A

In 1954, to stop this issue, Section 75A was added to the Act. This section was a temporary measure meant to prevent the problems caused by sub-letting before the full implementation of the Act.

Details of Section 75A

1. Effective Date: From the date a specific notification (announcement) was published.
2. Main Rule:
   • No one could rent out (sub-let) any land they were supposed to use themselves (khas possession).
3. Consequences:
   • If anyone broke this rule and rented out their land, the government could take the land away without paying them.
   • The land would be forfeited (lost) to the government.

Voluntary Surrender Option

Landowners had a choice:

• They could voluntarily give up their land to the government and receive compensation.
• This was a better option than losing the land without getting any compensation.

Court Case Reference

In a legal case, Taher Chowdhury and others v Showkat Ali and others, the court clarified:

• No one can sub-let land because of the amendment.
• Any existing sub-let agreements when the amendment was made would be canceled.
• The rented land should be returned to the original landowner.

💡 Summary

• Purpose of the Act:
  • Manage land ownership and tenancy fairly.
  • Protect tenants (farmers) from exploitation by landowners.
• Problem:
  • Some landowners allowed to keep up to 375 bighas were renting out land instead of using it themselves.
  • This created sub-tenancies, making tenants pay higher rents through intermediaries.
• Response:
  • Section 75A added in 1954 to stop sub-letting before full implementation of the Act.
• Rules in Section 75A:
  • Effective from the date of a specific notification.
  • No sub-letting of land in khas possession (land meant to be used by the owner).
• Consequences:
  • Any sub-let land will be taken by the government without compensation.
  • Voluntary surrender of land with compensation was a better option for landowners.

4. Definition of Barga

• What is Barga?
  • Barga is a system where one person allows another person to cultivate their land in exchange for a share of the crops produced. This means that the owner of the land (called the “owner”) gives permission to another person (called the “bargadar”) to farm their land, and in return, the bargadar gives a part of the crops they grow to the owner.
• Key Players in Barga
  • There are two main people involved in the Barga system:
    1. Owner: The person who owns the land.
    2. Bargadar: The person who cultivates the land (farms it) and gives a share of the crops to the owner.
• Legal Definition of Barga
  • In Bangladesh, there is a law called the Land Reforms Ordinance, 1984, which explains what Barga means in legal terms. According to this law:
    • Bargadar (Section 2(a)): A person who cultivates someone else’s land (under a system called Adhi, Barga, or Bhag) and gives a share of the crops to the owner of the land.
    • Barga Contract (Section 2(b)): An agreement between the owner and the bargadar, where the bargadar cultivates the land and gives a share of the crops to the owner.

5. Provision for Barga Cultivation

Overview

For the first time, the Land Reforms Ordinance, 1984, provided detailed rules for barga cultivation. Barga cultivation involves one person (the bargadar) farming another person’s land and sharing the produce with the landowner. Chapter V of the Ordinance specifies the rules for this arrangement.

(a) Cultivation under Barga Contract

Section 8:

1. Execution of Contract: No one can allow another person to farm their land or farm someone else’s land with a share in the produce without a proper contract. This contract must follow a specific form and method.
2. Contract Duration: A barga contract lasts for five years from the start date mentioned in the contract.

(b) Recognition of Existing Bargadars

Section 9:

1. Existing Bargadars: Anyone already farming another’s land as a bargadar before this Ordinance started is considered a bargadar under this new law.
2. Execution of New Contract: The landowner and the existing bargadar must sign a new contract within 90 days of the Ordinance starting.
3. Failure to Execute Contract: If they don’t sign the contract within the given time, either party can ask the prescribed authority (usually the UNO) to get the contract signed.
4. Authority’s Decision: The prescribed authority will investigate and decide within 60 days if the applicant should get the contract signed.
5. Enforcement: If the authority decides in favor of the applicant, it will order the other party to sign the contract within two weeks. If the party refuses, the authority will sign it on their behalf.
6. Contract Effectiveness: The contract will be effective from the Ordinance’s start date and last for five years.

(d) Termination of Barga Contract

Section 11:

1. Grounds for Termination: The landowner cannot end a barga contract unless the prescribed authority orders it based on specific reasons, such as:
   • The bargadar has not farmed the land without a good reason.
   • The bargadar has not produced a reasonable amount of crops compared to similar land.
   • The bargadar has used the land for non-agricultural purposes.
   • The bargadar has violated any provision of the Ordinance or related rules.
   • The bargadar has given up or abandoned their farming rights.
   • The bargadar is not personally farming the land.
   • The landowner needs the land for their own farming.
2. Restoration of Possession: If the landowner does not personally farm the land after ending a barga contract or allows another bargadar to farm it within 24 months, the evicted bargadar can apply to the prescribed authority. The authority can then restore the land to the original bargadar to continue farming until the contract’s period ends or is terminated as per the Ordinance.

(f) The Owner’s Responsibility

• If the landowner wants to sell the barga land (the land being farmed by the bargadar), they must first offer it to the bargadar.
• The owner must ask the bargadar in writing if they want to buy the land.
• This step is not needed if the owner is selling the land to a close family member. Close family members include:
  • Co-sharer (another person who owns part of the same land)
  • Parent
  • Wife
  • Son
  • Daughter
  • Grandson (son’s son)
  • Any other family member

2. The Bargadar’s Decision

• The bargadar has 15 days from receiving the written offer to decide if they want to buy the land.
• The bargadar must inform the owner in writing about their decision within these 15 days.

3. If the Bargadar Wants to Buy the Land

• If the bargadar decides to buy the land, they will discuss and agree on a price with the owner.
• They will then buy the land based on the terms they agree upon.

4. If the Bargadar Does Not Want to Buy or Doesn’t Respond

• If the bargadar does not respond within 15 days, or says they do not want to buy the land, or cannot agree on a price with the owner:
  • The owner is free to sell the land to anyone else.
  • However, the owner cannot sell the land for a price lower than what the bargadar offered (if the bargadar made an offer).

5. The New Owner’s Responsibility

• If someone other than the bargadar buys the land, the new owner must honor the existing barga contract.
• This means the new owner must follow the same agreement that the bargadar had with the previous owner.

(g) Section 14: Ceiling of Barga Land

Key Terms:

1. Bargadar: A tenant farmer who cultivates land belonging to another person.
2. Bigha: A traditional unit of land measurement in India.
3. Usufructuary Mortgage: A type of mortgage where the borrower gives the lender the right to use the property and benefit from it until the loan is repaid.

Section 14 Overview: This section of the law sets a limit on the amount of land a tenant farmer, or bargadar, can cultivate. It ensures that no single bargadar can control too much land.

Subsection (1):

• Land Cultivation Limit: A bargadar is not allowed to cultivate more than 15 standard bighas of land.
• Total Land Calculation: When calculating the total land a bargadar cultivates, include:
  • Any land the bargadar owns.
  • Land the bargadar cultivates as a tenant farmer.
  • Land the bargadar holds through a usufructuary mortgage.

Simplified Example: Imagine a farmer named Ravi. He owns 5 bighas of land. Additionally, he rents (cultivates as a bargadar) another 8 bighas of land from a landlord. Ravi also holds 4 bighas of land through a usufructuary mortgage. The total land Ravi is cultivating would be:

• Owned land: 5 bighas
• Rented land: 8 bighas
• Usufructuary mortgage land: 4 bighas
• Total: 17 bighas

Since 17 bighas is more than the 15 bighas allowed, Ravi exceeds the limit.

Subsection (2):

• Government Action on Excess Land: If a bargadar like Ravi cultivates more than the allowed 15 bighas, the government can take action.
• Compulsory Procurement: The government has the right to take the crops produced on the excess land (in Ravi’s case, the crops from the 2 bighas that exceed the limit).

Simplified Example of Government Action: If Ravi cultivates 17 bighas, which is 2 bighas more than the limit:

• The government can issue an order to take the crops produced from those 2 excess bighas.
• Ravi can keep the crops from 15 bighas, but the government will take the crops from the extra 2 bighas.