Ownership of the land will be the deed, not possession
Photo: Collected
The Land Crimes Prevention and Remedies Bill-2023 has been introduced in the Parliament to provide that only the owner is deed holder, possession holder is not the owner, but must have the necessary documents of the land including deeds.
The new law will make provision for up to seven years in jail and fine for possessing another's land, making fake or false documents and transferring a deed specifying a portion of land outside of one's ownership.
On Monday (September 4), a bill was placed in the Jatiyo Sangsad (JS) to make such a provision. Lands Minister Saifuzzaman Chowdhury placed the 'Land Crime Prevention and Remedies Bill-2023' in the JS session on this day.
Later the Bill was sent to the Parliamentary Standing Committee on Ministry of Lands for examination and report within 7 days.
According to the bill, the transfer of land, promotion of another's land in one's own name during survey and record updating, transfer of whole or part of a land to a particular person by concealing information, transfer of land by concealing the identity of a person and signing any document containing false information will be punished with a maximum of seven years. Imprisonment and fine.
The Bill states that after a document has been executed, any fraudulent cutting or alteration of any part of the document without lawful authority shall be punishable with imprisonment for a maximum of seven years and fine. The punishment for preparing any false document in whole or in part is also the same. Besides, for fraudulently forcing a person to sign or alter any document shall also suffer the same punishment.
According to the Bill, no person shall be in possession of the land unless he is entitled to any ownership or possession by the last khatian owner or his heirs or by a legally executed deed for transfer or possession or by a court order. Illegal possession will be punishable with imprisonment for a maximum of two years and fine.
The draft bill states that if a person does not have a valid latest certificate issued or updated under the State Acquisition and Tenancy Act in his name and fails to show proof of payment of the certificate and updated land development tax, he shall sell, gift or bequeath or otherwise transfer, obtain Attorneys cannot execute or register deeds.
The bill also states that a person who cuts the upper layer of cultivable land without the permission of the Deputy Commissioner shall be punished with imprisonment for a maximum of two years and fine.
The Bill states that if a person aids and abets the commission of an offense under this Act, he shall be punished with the same punishment as the principal offender.
In a statement containing the purpose and reasons of the bill, the Land Minister said, "This law is being made with the aim of ensuring quick redressal of land-related crimes and to preserve the ownership of land and maintain peaceful usufruct." This law was initiated to ensure the uninterrupted usufruct rights of the citizens in their own land, to identify and prevent the areas of land fraud and fraud, to take effective measures to prevent and suppress the government and public, and to provide quick remedy for some crimes related to land. Power to make rules is inserted to remove illegal encroachments, constructions or obstructions or, where applicable, illegally filled soil, sand, etc. from land and to take necessary measures for the purpose of restoring the land to its former class or nature. In order to eliminate the long process in the settlement of land-related cases and to ensure that the people receive justice on time, the proposed 'Land Crime Prevention and Remediation Act, 2023' has been formulated by taking the opinions of all the relevant ministries and departments and taking the opinions of the stakeholders along with the necessary amendments and modifications.
Amendment of 'Balumahal and Soil Management' Act
The 'Balumahal and Soil Management' Act is being amended to provide that sand or soil cannot be extracted from privately owned agricultural land. For this reason, a bill was brought in the JS on Monday. Lands Minister Saifuzzaman Chowdhury placed the 'Balumhal and Soil Management (Amendment) Bill-2023' in the JS. The existing law did not have any restrictions on extraction of sand or soil from agricultural land.
The bill states that sand or soil shall not be removed from land owned by any person, if it is fertile agricultural land or for commercial purposes, or if the fertile top soil of agricultural land or damage to the environment or biodiversity is caused, or by means of dredgers or if any other excavation of sand or soil in a strategic process, so as to cause damage, faulting or collapse of this land, including other land adjacent to it.
Agricultural land exceeding 60 bighas is not ownership
The Land Reforms Act is being enacted by repealing the Land Reforms Ordinance of 1984. On Monday, Land Minister Saifuzzaman Chowdhury placed the bill in JS. According to the bill, the owner of agricultural land of more than 60 standard bighas or his family cannot acquire any new agricultural land through transfer, inheritance, donation or any other means. But in eight cases it will be relaxed. The Bill was then sent to the Parliamentary Standing Committee on Ministry of Lands to examine and report to Parliament within a day.
