Assignment

On
Comparative discussion between land reform ordinance, 1984 and land
reform Act, 2023

Course Title : Land Law of Bangladesh part:- II

Course Code : LAW- 2149

Submitted To
Mr. Asraf Uddin
Lecturer
Lecturer , Department of Law
Leading University , Sylhet

Submitted By
Anamika Roy
ID NO: 2124050015
Semester- 6th (Batch : 44 th)
Department of Law
Leading University , Sylhet

Date of Submission- 18, , November ,2023

 Methodology

The research is conducted by collecting relevant information from

materials and resources. All the collected information is analyzed and
interpreted in a manner which reflects the research paper in terms of
relevance. And a research methodology should be systematic, logical,
empirical and replicable. To make this assignment I also take help from
various sources of Internet, Acts and Text books.
 Introduction

Land Laws The most ancient law in Bangladesh is the land law which can be traced
back to the practices of aboriginal communities involving payment of a share of the
produce of the land to the head of the clan, the right of the family to cultivate the
land in its possession, and the power of the head of a panchayet to distribute land
of the community to its families, and to settle land disputes. There are Two 2 kind
of Land law 1) Agricultural Tenancy Act Or
2) Non Agricultural Tenancy Act

Land reform Act and Land reform ordinance are Agricultural Tenancy Act

Land Reform :- Land reform is a form of agrarian reform involving the changing of laws,
regulations, or customs regarding land ownership. Land reform may consist of a
government-initiated or government-backed property redistribution, generally of
agricultural land. Land reform can, therefore, refer to transfer of ownership from the
more powerful to the less powerful, such as from a relatively small number of wealthy or
noble owners with extensive land holdings (e.g., plantations, large ranches, or
agribusiness plots) to individual ownership by those who work the land.Such transfers of
ownership may be with or without compensation; compensation may vary from token
amounts to the full value of the land

In some cases Land Reform Act 2023 and Land reform ordinance 1984 are
Different

Section 4 in Land reform Act 2023 , a) If all members of an association transfer the
ownership of the lands in favour of such association and cultivates the same by
themselves.

b) Land used for cultivation of tea, coffee, rubber or other orchard.

c) Land used by any industrial organisation to produce raw materials used in its
factory.

d) Any land as deemed necessary by the government for any work in interest.

e) Any land used with approval of the government for totally export oriented
especialized industry or for totally export oriented agricultural product processing by
any industry.
f) Any land used by any organisation with the approval of the government for
public walfare.

g) Any land used by person or organisation for the purpose of installation or

extension of industrial factory with the approval of the government.

h) If the land waqf, debottor or religious trust and the total income from such land
is used for

i) religious or Charitable purpose.

Section 4subsection(2) Are different to Land Reform ordinance 1984

Under section 8(2) of the Land Reforms Ordinance, 1984, “A barga contract shall be
valid for a period of five years commencing from such date as may be specified in the
barga contract.”

On the other hand, according to section 8(2) of the Land Reform Act, 2023, “A barga
contract shall be effective for at least 1 year from the date of its execution.”

According to section 21 of the Land Reforms Ordinance,1984, “Any person who violates
any provision of this Ordinance or the rules or any order of any authority made under
this Ordinance or the rules shall be punishable with fine which may extend to two
thousand Taka.An.”

If any one violate this provision or break any rules of this Act which is describe by
prescribed authority, it shall be considered as offence. He or she shall be liable to fine
which extended to 1 lac taka or simple imprisonment which may extended to one
month or with both. On the contrary, if any one violate any provision of this ordinance,
he shall be punishable with fine which may extend to two thousand taka under section
19 of the land reform act, 2023

• Land Reform Act 2023

The cabinet also granted its final endorsement to the draft of the Land Reform Act-2023.
The draft stipulates that Bangladeshi citizens can no longer own more than 60 bighas of
land. If someone owns more than 60 bighas of land, the government will acquire the
additional land.

• Land reform ordinance 1984

The Ordinance refers to a Bangladesh custom of leasing land, called barga, and to
the tenant of that lease, the bargadar, who is an individual tending the land whose
property belongs to a different owner. It states that cultivating land belonging to
another person and sharing the resulting production is consented only under a
barga contract. The bargadar will lose his right of use if: he fails to cultivate the
assigned barga land; he has produced less than the expected average compared to
other barga cultivations for that area; he has used partially or totally the land for
purposes differing from agricultural production; he has renounced his right of
cultivation; or he is not directly tending the barga land; or ultimately if the barga
landowner reclaim the land for tending it himself. In this very case, if the owner fails
in tending the land or assign it to other bargadars on the termination of the barga
contract, for no reasonable cause, the competent Authority may restore land lease
to the former evicted bargadar who claimed such right. The Ordinance provides
also the division of the produce between the owner and the bargadar (art.12).

Land Reform Act 2023 and Land Reform ordinance 1984 are similar in many ways,

SANGSAD BHABAN, Sept 4, 2023 (BSS) - The Land Reforms Bill, 2023, which
forbids the ownership of more than 60 bighas of land was placed in the Jatiya
Sangsad with a view to establish accountability in the land reforms.

Land Minister Saifuzzaman Chowhdury today placed the bill in the House with
Speaker Dr Shirin Sharmin Chaudhury in the chair.
Piloting the bill, the minister said the draft of the act will establish
transparency and accountability in share cropping system and also protect the
land owners and the share cropper also.

The government will buy the extra land if a person owns more than 60 bighas.

This provision will not apply to cooperative societies, owners of tea

gardens, coffee, rubber, and fruit orchards, or land producing raw materials
for industrial factories. Landowners of industrial and "If an individual
possesses over 60 bighas of land (33 shotok per bigha), the
government will be able to acquire the additional land," he explained. In
addition, breaking the law regarding land will result in a Taka 1 lakh fine,
a month in jail, or both.

The finance minister urged the House to send the bill to the concerned
parliamentary standing committee for providing within a week.
 Conclusion
In conclusion, Land reform ordinance 1984 are first ordinance of
Bangladesh. And The Land reform Act 2023 are next Act . Land Reforms
measures taken by the government to change land ownership and
production relationships in land. A major step in the direction of land
reforms dates back to the formation of a Commission called Bengal
Land Reforms Commission in 1940, which had Sir Francis Floud as the
chairman. This Commission was a broad-based one, and included a
representative of the big zamindars (landlords).