Bengal Tenancy (Amendment) Act, 1928 was enacted by the Bengal Legislative Council in response to the demands of the under-raiyats. Though the rights of settled raiyats were clearly defined, yet the rights of under-raiyats remained undefined or vaguely defined by the bengal tenancy act of 1885. The under-raiyats of various categories (bargadars, karshadars, kurfa and dhankarari raiyats) cultivated not on regular settlement, but on temporary and competitive basis. In view of the abundance of land, they could cultivate land, on negotiation, at much lesser rent than the settled occupancy raiyats. This sort of competitive raiyats were generally known as under-raiyats and their relative position was not too bad until land-man ration was in favour of man. But with the growth of population, the pressure on land increased significantly by the end of the nineteenth century, particularly from the beginning of the twentieth century. The downturn trend of the economy of the under-raiyats was getting increasingly worse due to scarcity of land and phenomenal rise in rental demands on them.

With the introduction of electoral politics from 1920 and with the spread of communist movement in Bengal, public opinion became increasingly critical about the status of the under-raiyats, who constituted a major segment of the Bengal peasantry. In response to demands from various peasant organisations and political parties, the Bengal government introduced the Bengal Tenancy (Amendment) Bill in the Council. It proposed to give rights in land to those under-raiyats who were in continuous possession of their land for several years. It also proposed to give rights to sharecropping tenants.

The Bill was strongly opposed by the landed interests in the legislature, but was supported by pro-peasant parties including the Muslim members. The Council passed the Bill into an Act, with a number of amendments that practically defeated the purpose of the Bill. Under the Act, an under-raiyat in possession of the specified land for continuous twelve years got the right to possess the land on regular payment of competitive rent. The landholders reserved the right to enhance the rent of such raiyats as they wished and evict them for non-payment of dues. Consequently, the Bengal Tenancy (Amendment) Act of 1928 remained on record merely as a political document without giving any material advantage to the under-raiyats. The Ministry of ak fazlul huq tried to redeem the weakness of the law by enacting the Bengal Tenancy (Amendment) Act of 1938. [Sirajul Islam]