Limitation on acquisition of agricultural land
4. (1) No malik who or whose family owns more than sixty standard bighas of agricultural land shall acquire any new agricultural land by transfer, inheritance, gift or any other means.
(2) A malik who or whose family owns less than sixty standard bighas of agricultural land may acquire new agricultural land by any means, but such new land, together with the agricultural land owned by him, shall not exceed sixty standard bighas.
(3) If any malik acquires any new agricultural land in contravention of the provisions of this section, the area of land which is in excess of sixty standard bighas shall vest in the Government and no compensation shall be payable to him for the land so vested, except in the case where the excess land is acquired by inheritance, gift or will.
(4) Compensation for the excess land payable under sub-section (3) shall be assessed and paid in such manner as may be prescribed:
Provided that where such compensation is payable only for a portion of the excess land, the assessment and payment of compensation shall be made for such portion of the excess land as the malik may specify in this behalf.
No benami transaction
5. (1) No person shall purchase any immovable property for his own benefit in the name of another person.
(2) Where the owner of any immovable property transfers or bequeaths it by a registered deed, it shall be presumed that he has disposed of his beneficial interest therein as specified in the deed and the transferee or legatee shall be deemed to hold the property for his own benefit, and no evidence, oral or documentary, to show that the owner did not intend to dispose of his beneficial interest therein or that the transferee or legatee holds the property for the benefit of the owner, shall be admissible in any proceeding before any Court or authority.
(3) Where any immovable property is transferred to a person by a registered deed, it shall be presumed that such person has acquired the property for his own benefit, and where consideration for such transfer is paid or provided by another person it shall be presumed that such other person intended to pay or provide such consideration for the benefit of the transferee, and no evidence, oral or documentary, to show that the transferee holds the property for the benefit of any other person or for the benefit of the person paying or providing the consideration shall be admissible in any proceeding before any Court or authority.
Ceiling of barga land
14. (1) No bargadar shall be entitled to cultivate more than fifteen standard bighas of land.
Explanation.- In computing this ceiling, area of any land owned by the bargadar as well as the land cultivated by him as a bargadar and held by him under a complete usufructuary mortgage shall be taken into account.
(2) If a bargadar cultivates land in excess of fifteen standard bighas, the share of the produce due to him as a bargadar in respect of the excess land may be compulsorily procured by the Government by order made in this behalf by the prescribed authority.
Bargadar’s right to purchase
13. (1) Where the owner intends to sell the barga land, he shall ask the bargadar in writing if he is willing to purchase the land:
Provided that this provision shall not apply where the owner sells the land to a co-sharer or to his parent, wife, son, daughter or son's son or to any other member of his family.
(2) The bargadar shall, within fifteen days from the date of receipt of the offer, inform the owner in writing of his decision to purchase or not to purchase the land.
(3) If the bargadar agrees to purchase the land, he shall negotiate the price of the land with the owner and purchase the land on such terms as may be agreed upon between them.
(4) If the owner does not receive any intimation from the bargadar regarding his decision either to purchase or not to purchase the land within the specified time or if the bargadar informs the owner of his decision not to purchase the land or if the bargadar does not agree to pay the price demanded by the owner, the owner may sell the land to any person he deems fit:
Provided that the owner shall not sell the land to such person at a price which is lower than the price offered by the bargadar.
(5) Where the barga land is purchased by a person other than the bargadar, the barga contract in respect of the land shall be binding upon the purchaser as if the purchaser were a party to the contract.
Penalty
21. 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.
Appeals
17. (1) An appeal shall lie to the prescribed appellate authority against any order, decision or action made or taken by the prescribed authority under any provision of this Ordinance.
(2) An appeal under sub-section (1) shall be filed within thirty days from the date of receipt or knowledge of the order, decision or action appealed against.
(3) The decision of the prescribed appellate authority shall be final.
Md. Haider Ali
Senior Lecturer
Department of Law
Daffodil International University.
