1. Historical Background of
Land Laws in Bangladesh
Nazmul Hasan Sarker
Lecturer, Faculty of Law
Exim Bank Agricultural University Bangladesh(EBAUB)
2. What is Land?
• Land includes both corporeal and incorporeal rights.
• “Land” means land which is cultivated, uncultivated or
covered with water at any time of the year, and includes
benefits to arise out of land, houses or buildings and
also things attached to the earth, or permanently
fastened to anything attached to the earth.
-section 2(16) of the State Acquisition and Tenancy Act,
1950-
4. Title, Possession and Ownership
• Title is a bundle of rights including Title Deed, supported by necessary
documents like: ROR
• Possession is the actual and physical control over the land.
• Title and Possession together constitutes an ownership over a
property or land.
5. Difference Between Ownership and Possession
Ownership Possession
Ownership is an absolute authority over the
property.
Possession is physical control over the
property.
It holds unlimited and uncontrolled rights over
the property.
It is a limited concept of right.
It is a union of title and possession It is a single concept giving no right of
ownership.
It is a de jure concept. It is a de facto concept.
Ownership is a wider concept. Possession is a right of consumption
only.
6. Difference Between Ownership and Possession
Ownership Possession
It is a legal right safeguarded by the
law.
It is a possessory right only. It shows real
possession.
Transfer of ownership is not an easy
process, it needs legal or formal
procedures, registration as a
prerequisite.
Possession does not require registration and
such formalities like ownership.
It has no technical obstructions to
transfer.
It faces the technical obstacles for transfer.
Ownership cannot be carried out
practical use in the absence of
possession.
Possession may be a ground for the
ownership as well.
It consists the bundle of rights and all
the rights are right in rem.
It is prima facie a proof or evidence of
ownership.
7. History of Land Law in Bangladesh
Ancient and Hindu Period
• Kingship or Clan System
• whoever makes land fit for cultivation by clearing jungles has the right
to own the same.
• A portion of the crops would have been reserved for the king.
• Property was common, Belonged to the clan/family altogether.
• Ownership was hereditary only and was not transferable without the
permission of the clan/family head.
8. History of Land Law in Bangladesh Contd.
Muslim Period/Bakhtiar Khalji’s Rule:
• Merely Changed the rate of revenue only.
• whoever makes land fit for cultivation by clearing jungles has the right
to own the same.
• A portion of the crops would have been reserved for the king.
• Property was common, Belonged to the clan/family altogether.
• Ownership was hereditary only and was not transferable without the
permission of the clan/family head.
9. History of Land Law in Bangladesh Contd.
Muslim Period/Mughal Rule
• Revenue system was systemized , surveyed and rate of revenue was
1/3 of produce.
• Amin assessed the revenue with the help of kanungo
• Karkuns Preserve records of survey
• Chowdhury
• Patwary
• Etc.
10. History of Land Law in Bangladesh Contd.
British Period
• Dewani Rights sold to company by Shah Alam II on 12 August 1765.
for Rs. 2.6 million and it lasted until 1858.
• Company turned into virtual king of Bengal , Bihar and Orissa.
• There was no system of written rules and Plain Principles. (In Mughal
period also)
11. History of Land Law in Bangladesh Contd.
British Period (Quinquennial Settlement and annual settlement)
• After being familiar with Bengal land administration East India
Company imported British revenue collection process.
• Quinquennial Settlement (1772-1777).
• Annual settlement (1777-1790)
• Neither Raiyats nor Zamindars were the owner of land. So, no
improvement of Land occurred.
• Higher revenue collection was the motto, Resulting Chaos and
famines.
12. History of Land Law in Bangladesh Contd.
British Period (Pit’s India Act, 1784)
• Dispossessed Zamindar complained to House of Commons.
• Pit’s India Act passed in1784 by British Parliament to inquire
into the complaints.
• Company were directed to make permanent rule for revenue
collection.
13. History of Land Law in Bangladesh Contd.
British Period (Permanent settlement)
• Experimental decennial settlement of 1790.
• On 22 March, 1793, Lord Charles Cornwallis , declared the
decennial settlement as permanent.
• Zamindars become the permanent owner of the land in
condition of paying revenue properly.
14. History of Land Law in Bangladesh Contd.
British Period (Permanent settlement)
• Sunset Law-Payment of the state demand should be made
on the due date, before sunset.
• Failure to pay led to the sale of land to the highest bidder.
15. Total ceiling & Consequence of exceeding land
ceiling
• 375 Standard bighas (Section 90 of The State Acquisition and
Tenancy Act 1950)
• Sixty Bighas (Land Reforms Ordinance, 1984)
Exception: industry, co operatives, farming.
Consequence: Vested to Government without
consideration. (Exception: Inheritance, Gift, Will)
