Base de Datos Género y Derecho a la Tierra


Legislación de tierras

The State Acquisition and Tenancy Act, 1950:

- Promotes the goal of retaining the agricultural character of land by giving cultivators first right of purchase and prohibiting other use. A land ceiling of 33.3 acres is imposed (19).

- Abolished the zamindari system and provided for the acquisition on the part of the Government of all types of intermediary rent-receiving interests that existed between the Government and the tenants cultivating the land. The act brought the tenants directly under the control of the Government (4).

The Land Holding Limitation Order, 1972, amended in 1982:

- Deals with the limitation of land property, the size of which must not exceed 100 bighas - about 33 acres - if the land is owned by families or individuals. The exceeding land must be returned to the Government. An exemption can be applied in case of land owned by religious organization, farmers’ cooperatives or if tea, rubber, cocoa or coffee are being cultivated on that land; or when the land is being taken in account for industrial projects, considered beneficial to the public interest (20).

The Land Reform Ordinance, 1984:

- Legally recognises the share-cropper rights; additionally, share-cropping - called barga - is established as the only admissible form of tenancy contract (18).

- The bargadar shall lose his right of land use in case:

-   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 other than agricultural production

-   he has renounced his right of cultivation

-   he is not directly tending the barga land; vi. if the barga’s owner reclaims the land for tending it himself.

If the owner fails in tending the land or in assigning it to other bargadars on the termination of the barga contract, the competent authority may restore the land lease to the former evicted bargadar who claimed such right.

- Article 12 provides for the division of the produce between the owner and the bargadar (20).

- Future land acquisitions are limited to 21 acres while retaining present ceilings. Benami, that is, ceiling avoiding transfers to relatives, are outlawed (19).

- Eviction of agricultural tenants from their homestead land is prohibited (4).

The Acquisition and Requisition of Immovable Property Ordinance, 1982:

- After issue of notice of intent of acquisition of private/government land in the public interest, the district officer will determine the compensation on the basis of the average market value for the last one year of similar type of land in the vicinity and offer the same, plus 50 percent, to the landowner as compensation. The entire amount must be awarded in full before land can be legally acquired and handed over to the distric officer.

- The use of acquired land for a purpose other than that for which it was acquired is prohibited (21).

The Land Appeal Board Act No. 24 of 1989, amended in 1990:

- The Land Appeal Board under the Ministry of Land is established as the highest revenue court in matters of land (20).

The Land Reform Board Act, 1989:

- A Land Reform Board is established to determine the implementation of the land reform program and a just land legislation. The Board shall exercise the powers and responsibilities given by the Government related to land reform and land legislation (20).

The Chota Nagpur Tenancy Act, 1908:

- Prohibits transfer of tribal land to non-tribals without the permission of the deputy commissioner. 

In 1977, the Tribal Welfare Association (TWA) was instituted in the northern districts to work for the rights of tribal people in the Mymensingh, Sylhet and Dhaka regions. Permission from the TWA is required to sell tribal land to non-tribals (4).

The following acts provide for the rights of different hills tribes and for the development of the three districts of Chittagong Hill Tracts: 

-   the Rangamati Hill District Local Government Parishad Act of 1989

-   the Khagrachhari Hill District Local Government Parishad Act of 1989

-   the Bandarban Hill District Local Government Parishad Act of 1989 

The language, sections, and contents of these acts are identical. The acts were amended in 1998 (4).

Fuentes: los números entre paréntesis (*) se refieren a las fuentes que están en la sección de Bibliografía