Sublet & Barga

1. Basic Meaning of Sub-letting

Sub-letting generally refers to renting out a portion of a property that someone has
already rented. It involves sharing the rented space with another person and receiving
additional payment in return for allowing them to use that space.

 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.

 The Oxford Dictionary defines it as “a lease granted by a person who is himself a

lessee of the same property.”

2. Summary of Regular and Irregular Provisions on Sub-letting

2.1. Regular Provisions For Agricultural Lands (Section 93 of the SAT Act, 1950)—
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 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.

2.2 For Non-Agricultural Lands (Section 81A(2) of the SAT Act, 1950)—
2.2.1. 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.

2.3. Irregular Provision of Sub-letting

2.3.1. 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.

2.3.2. 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.

3. Meaning of Barga:

- Barga is a system where one person allows another 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.

3.1. 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.
Thus, the barga signifies the relationship between the landowner and the cultivator based on
mutual agreement.
3.2. Provision for Barga Cultivation
The Land Reforms Act, 2023 (formerly the Land Reforms Ordinance, 1984) provides
detailed provisions for barga cultivation in Chapter V, as summarized below:
3.2.1. Cultivation under Barga Contract (Section 8)
1. No person may cultivate another’s land or permit cultivation without a barga contract in
the legally prescribed form.
2. A barga contract must remain effective for at least one year.
3.2.2 Recognition of Existing Bargadars (Section 9)
1. Existing bargadars before the commencement of the Act are deemed to be bargadars under
the Act.
2. The owner and bargadar must execute a contract within 90 days of the Act’s
commencement.
3. If they fail, either party may apply to the Assistant Commissioner (Land) for execution.
4. The Assistant Commissioner must decide within 60 days and, if necessary, execute the
contract on behalf of the non-compliant party.
5. Such contracts are effective from the Act’s commencement and remain valid for five years.
3.2.3. Cultivation of Barga Land after Bargadar’s Death (Section 10)
1. Surviving family members may continue cultivating until the contract expires.
2. If no eligible family member exists, the owner may cultivate the land personally or assign
another bargadar.

3.2.4. 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.

3.2.5. Division of Produce (Section 12)

1. Produce is divided as follows:
One-third to the owner for the land.
One-third to the bargadar for labor.
One-third shared proportionally based on cultivation costs.
2. The crop is stored at a mutually agreed location.
3. Bargadar must tender the owner’s share after harvest. If refused, the prescribed authority
may intervene to ensure compliance or sale of produce.
3.2.6. Bargadar’s Right to Pre-emption (Section 13)
1. Owners intending to sell barga land must offer it to the bargadar first.
2. The bargadar has 15 days to decide.
3. If the bargadar declines or disagrees on price, the owner may sell to another but not at a
lower price than offered to the bargadar.
4. Any purchaser must honor the existing barga contract.
3.2.7. Ceiling of Barga Land (Section 14)
A bargadar cannot cultivate more than 15 standard bighas of land.
3.2.8. Restriction on Cultivation (Section 15)
1. Cultivation of another’s land is prohibited except under a barga contract or as an
employee/laborer.
2. The government may compulsorily collect produce if this provision is violated.