1

Introduction:
Land, the term when we first hear, what appears in our mind? Most probably the answer would
be, a precious property, of which price increasing everyday and as well as the disputes regarding
it also increasing accordingly. These disputes are the longest than any other civil or criminal
disputes and so strict rules are needed to be enacted regarding this. Most of the disputes are about
the ownership of the land and the rights and liabilities of the people around it. So the person who
usually cultivates the land, his right is really important in this regard and a matter of discussion
in my assignment. If they are getting sufficient right which they need or not is the main thing to
be discussed here. This would be discussed mainly under the Land Reforms Ordinance, 1984
which is an Ordinance to reform the law relating to land tenure, land holding and transfer with a
view to maximizing production and ensuring a better relationship between land owners and
bargadars.

A Short History of Land System in the World from Civilization to
Civilization:

It pays no importance to various debates of creation of the world, as an Islamic or Semitic
scholar might argue that, God or Allah has created the world within seven days. On the other
side Stephen Hawking may put different talk of Big Bang Theory. For his part of the political
scientist Jawaharlal Nehru is considered to mouth out his theory of the creation of the world,
then his view may be summed up his way that, nothing was but hot before emergence of the
world, whatever theorists say, no one can deny that during emergence of the world nothing was
about the land concept or system remained.
Now if we put an strong attempt to find out the real age of the world, it is seemingly 600 crore
years old. We face also with various civilization through them concept of land system has been
flashed out. In 6000 BC, the primitive people have possessed land just for living. Later possessed
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that for civilization in agricultural age. Gradually after passing stone and silver ages, the concept
of ownership over land and property has been injected in the brain of that society.
Land System in Roman Civilization:
At roman ages all land is held by the king, the person who has right to live on the land of
someone who is his lord. If that someone be the king the tenant is one of the kings tenant, in
chief or tenants in capite. But between the tenant and the king there may stand many persons. A
may hold the land of B, who holds of , who holds of D and so forth until we came o Z, who holds
immediately of the king, who one of the kings tenants in capita. Each o the persons who stands
between A and he king is a mesne i.e. intermediate, lord as regards those who stand below him
he is lord, as regards those who stand above him is tenant. Thus take a short series, A holds of B
and B holds of the king, here B is lord of A, but tenant of the king.
Land System in Middle Ages:
Frankly speaking, we cannot think the concept of land in middle ages without concept of
political scientist Hobbes. He tried to show that, the modern state has been emerged basing upon
land. The classification of the social class was the result of the land or property dispute.
Now if one wants to talk about the land system of present time, he must start with the MacIver-
he says that,
Like our modern civilization of the west, this ancient order of life rested on resources and
condition that rise from the contracts, established by the unified control of land and sea.
Today as we see a planned system of land. It is gradual process of various civilizations.

The Term Land Different Ways to be Determined:
The word land includes not only the face of the earth but also everything under or over it, and
has in its legal significance an indefinite extent upward or downward giving rise to the maxim,
cujus est solum cujus est usqu ad columm.
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The word lands is wide enough to include all lands, whether agricultural or not, and it would be
plainly unreasonable to assume that it include non-agricultural lands but does not include
agricultural lands.
It includes the water into the earth, which is the result of natural and ordinary percolation
through the soil, such water being a part of the land itself.
Also includes the sites of villages, towns and cities, trees, growing crops and grasses, fruits upon,
and juice in trees, rights of way, ferries, fisheries and all other benefits to arise out of land and
things attached to the earth or permanently fastened to things attached to the earth.
In State Acquisition and Tenancy Act, 1950 in section 2(16) the term land is defined which
actually includes agricultural land and in the Non-Agricultural Tenancy Act, 1949 in section
2(4) the term non-agricultural land is defined. It states that non-agricultural land means land
which is used for purposes not connected with agriculture or horticulture and includes any land
which is held on lease for purposes not connected with agriculture or horticulture irrespective of
whether it is used for any such purposes or not, but does not include a homestead, land originally
leased for agricultural or horticultural purposes but is not used for that purpose without the
consent of the landlord and land which is held for purposes connected with the cultivation or
manufacture of tea. But in Bengal Tenancy Act, 1885 and the Land Reforms Ordinance, 1984,
no such term is defined.


History of Land Laws in Bangladesh:

Like other countries, Bangladesh has a long history of land which may be clothed into six
bounds, they are
i) Primitive Period:
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In the primitive period man would utilize the land according to their own will
as because there was no scarcity of land. In this age the following maxim was
followed
The land belongs to him who clears it off jungles and makes it for cultivation.
But this principle was not continued long. Conflicts and bloodshed took place for the
ownership and possession of land. As a result, primitive people tried to formulate
some common principles or rules for the protection of their interests in the land.

ii) Hindu Period:
So far we know, in the early age of this sub-continent, the land was managed and
administered by the Hindu Laws. In this period people were self-sufficient and every
village was republic.
Joint ownership system was there in utilizing land. People used to cultivate
the lands and the production of those lands were divided into three equal portion and
distributed among the king, urban people and the cultivators. Only village people
would cultivate the land and there was no sub-let system but rights of possession were
there and it continued up to three to twenty years.

iii) Buddhist Period:
Actually this period was longed till 700 AD. During this period no such
principles were established but the principles of Hindu Land System were survived.



iv) Muslim Period:
Actually during the Muslim period of this country, modern land management
policies and strategies were introduced. During the regime of Alauddin Khilzi, Sultan
Mahmud, Emperor Akbar, Sher-Shah, Aurangozeb etc. comprehensive land reforms
executed.
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In this period Kabuliyat, patta, rents of assessment, Niskar, Nanker, written deed,
courts to settle the disputes among the land possessors etc. were launched which were
continued till British Period.


v) British Period:
During the British Period most of the laws, rules, regulations were enacted
which are being practiced in our legal arena, especially in the field of land alike. The
follows were the main regulations-
1. Permanent Settlement, 1793
2. Non-Badshahi Lakhiraj Regulation, 1793
3. Badshahi Lakhiraj Regulation, 1793
4. Bengal Alluvion and Dilluvion Regulation, 1829
5. Bengal Patni Taluk Regulation, 1819
6. Bengal Land Revenue Sales, 1859
7. The Bengal Tenancy Act, 1885
These laws relating to land were enacted during British Period to regulate the land
system of sub-continent.
vi) Pakistan Period:
After British rule this sub-continent was divided into two part-Pakistan and
India. Bangladesh was one of the province of Pakistan. During this period a number
of acts as well as rules were passed with regard to land management and
administration. These are-

I. The Non-Agricultural Tenancy Act, 1949
II. The State Acquisition and Act, 1950
III. The State Acquisition Bonds Laws, 1957
The main features of those laws such as- before partition of India, Muslim
League and Krishok Proja Party of ShereBangla Fazlul Huq promised to abolish
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the Bengal Tenancy Act and Zamindari system if they become legislatures, when at
1946 they became parliamentarian they placed a bill of State Acquisition and
Tenancy Act to abolish Zamindari system.
vii) Bangladesh period:
This country became independent from the regime of Pakistan on 16
December, 1971. With regard to land, Bangladesh has been following the laws passed
during the Pakistani period. During this period land relating many laws have been
passed-
1. Land Administration Manual, 1972
2. Land Management Ordinance, 1982
3. Abandoned Property Control and Management Order, 1977
4. Abandoned Property Management Order, 1972
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 zaminders. The Floud
Commission recommended abolition of zaminders, which meant abolition of all rent-
receiving interests above the tiller of the soil. In other words, the concept of creating
new land tenures at the will of zaminders, and all other land tenures subject to
intermediaries who had the right to receive rents from subordinate land holdings,
resulting in extensive sub infeudation of land holdings, was abandoned. The
commission wanted abolishment of all interests existing between the paramount
power at the top i.e., the government and the men actually behind the plough i.e, the
actual cultivators. Moreover, the commission took away the right to create
subordinate interests in the future. Its recommendation did not, however, extend to
bargadars, who did not own the land they cultivated, but were the real tillers of the
soil. On the basis of the above recommendations, laws were framed. But before the
draft legislation could be passed, the Partition of Bengal took place in 1947.
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In 1950, the East Assembly passed EAST BENGAL STATE ACQUISITION AND TENANCY
ACT, which Bengal Legislative received the consent of the Governor General in 1951.
Prior to this enactment, the Rent Act X of 1859 and the Bengal Tenancy Act of 1885
contained some measures defining the status and rights of the raiyats vis-a-vis the
landlords at the top, and other tenure-holders or rent receiving interests just above the
raiyat or under the raiyat at the bottom. The Floud Commission did not recommend
any ceiling of khas land, which could be retained by any individual landholder in his
direct possession. But the East Bengal State Acquisition and Tenancy Act contained a
specific provision to the effect that no individual land holder could retain in his direct
possession any land exceeding 100 standard bighas or 13.5 ha.
In deviation of traditional thinking on land reforms, which mainly dealt
with tenancy reform and fixation of ceilings on land holdings, a study was undertaken
in 1980 at the instance of the Planning Commission to determine the problems of land
reforms with a view to increasing agriculture productivity through modernization.
The study team visited West Bengal with the object of not only seeing land reform
measures, legal and administrative, undertaken there, but also to know the problems
encountered in the process of implementation of the same. It found that the West
Bengal government considered bargadars, comprising mainly the actual tillers of the
soil, to be the target group for all land reform measures. Since they formed the
poorest and most neglected sector of the rural population. After ensuring that
individual persons belonging to this group were properly recorded in relevant official
land records, the government took measures to ensure that their tenure as
sharecroppers would not lie at the whim of landowners. It was stipulated in the law
that landowners would not have the option to terminate cultivation of their land by
recorded bargadars, except in the execution of an order of the competent authority.
The government also took steps to make sure that recorded bargadars were given
seasonal bank loans on the basis of barga certificates issued to them. The concerned
local government institution was given an important role to play, in the process; this
guaranteed that no collateral was needed for getting the loan and that not more than
30 days were required for sanction of such loans. The law also provided that lands of
which the total value did not exceed Indian Rs 50,000 could be exempted from land
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revenue payable to the government, and lands valued at over Rs 50,000 would be
subject to payment of revenue at a graduated scale.
The all laws relating to land administration passed from British to present Bangladesh
period were not fully out of lacuna. There was a great problem relating to interests of
the bargadars. Before 1984 Malik of land dominated over the bargadars and finally to
protect bargadars and to protect the interests of bargadars. The Land Reforms
Ordinance, 1984, Malik of land dominated over the bargadars and finally to protect
the interests of bargadars, The Land Reforms Ordinance, 1984 has been passed.





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The Term Bargadar Difference from the Term Tenants:

According to the State Acquisition and Tenancy Act, 1950, section 2(27) defines the term
tenant as- tenant means a person who holds land under another person and is, or but for a
special contract would be, liable to pay rent for that land to that person. But as per this section a
person who is generally known as adhi, barga or bhag and cultivates the land of another
person on condition of delivering a share of the produce to that person, is not a tenant, unless
such person has been expressly admitted to be a tenant by his landlord in any document by him
or executed in his favor and accepted by him, or, he has been or is held by a Civil Court to be a
tenant.
Section 2(9) of the State Acquisition and Tenancy Act, 1950 defines the term cultivating raiyat
or cultivating under raiyat which states that it means a raiyat or under-raiyat, as the case may
be, who holds land for cultivating it either by himself or by the members of his family or by
servants or by bargadars or by or with the aid of hired laborers or with the aid of partners. So this
term is different from the term bargadar.
Section 82(1) and 82(2) interprets the terms bonafide cultivator and raiyat. Bonafide cultivator is
a person who cultivates lands by himself or by members of his family or, but or with the aid of
servants or bargadars, and also an agricultural laborer. Raiyat means a person who, by virtue of
section 44 or otherwise, has acquired a right to hold land directly under the Government mainly
for the purpose of cultivating it by himself or by his members of his family or by, or with the aid
of servants or laborers or with the aid of partners or bargadars and includes only the successors-
in-interest of persons who have acquired such a right. So from these two definitions we can
understand that the term bargadar is also somewhat different from the terms bonafide cultivator
and raiyats.



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The Term Bargadar What Actually Mean:

The Land Reforms Ordinance, 1984 defines the term bargadar distinctly. No other statute has
defined this term specifically. According to section 2(a) of this ordinance bargadar means a
person who under the system generally known as adhi, barga or bhag cultivates the land of
another person on condition of delivering a share of produce of such land to that person.
We can see from this provision that a bargadar is a person who cultivates the land of any other
person which is called barga land on condition of delivering a share of produce to that person
who is called malik or owner by a barga contract. So to understand the term bargadar fully we
have to understand the other terms like barga contract, barga land, malik and owner etc. this
ordinance has also defined this terms. Section 2(b) defines barga contract as a contract under
which any land is cultivated by a person as a bargadar, section 2(c) says about barga land as any
land under cultivation of any person as bargadar. Section 2(f) states about Malik and 2(g) about
owner. It is stated there that a person or an organisation, body or authority holding agricultural
land is called Malik and the person from whom the bargadar gets the land for cultivation under a
barga contract.
So it is clear from the provisions that Malik is any person who holds agricultural land, and owner
is someone from whom a bargadar gets the land for cultivation under barga contract. Barga land
is the land which is cultivated by the bargadar and barga contract is such contract under which a
bargadar cultivates the land.

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Salient Features of the Land Reforms Ordinance, 1984:

The Land Reforms Ordinance, 1984 was enacted for the purpose of reforming some rules which
were depriving the real owner from enjoying their absolute right over their land, or the helpless
poor people, for the development of the land management system, for settlement of khas land for
homestead and most importantly for achievement of the rights of the bargadars. These are basic
characteristics of this ordinance which will now be discussed under:
1. Limitation on Acquisition of Agricultural Land:
Earlier agricultural land was held by the king only. He was the owner of all lands in the country.
After that period lands were held by the zaminders abundantly. Each of them had uncountable
lands. But as the lands when stay in one hand misuse of it and oppression take place and the
development becomes static limitations were imposed in different statutes for holding
agricultural land.
First, the State Acquisition and Tenancy Act, 1950 provided provision for limitation. Section 90
of this act says about limitation of transfer of holding in which it is stated that one by himself and
his family can purchase and acquire only three hundred and seventy-five standard bighas and not
more than that. In section 91 it is stated that anyone whose land has crossed the ceiling by
getting excess land devolved on him by inheritance, can hold any of the portions he like and the
rest land in excess would be acquired by the govt.
Secondly, the provision of State Acquisition and Tenancy Act, 1950 was reformed in the Land
Holding Limitation Order, 1972. This act provides that no one can acquire, possess or purchase
by himself or by his family any land exceeding 100 standard bighas.
Finally, in Land Reforms Ordinance, 1984, section 4 describes about limitation which has been
further reformed here as people were increasing but the land was all the same like earlier so it is
provided here that, No Malik or his family can own more than sixty standard bighas of
agricultural land by transfer, inheritance, gift or any other means.
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In every case if any one holds land in excess of the said portion, that portion would vest
absolutely in the government free from all encumbrances. There is one exception in Land
Reforms Ordinance, 1984, if the excess land is owned by inheritance, gift or will that means not
voluntarily then when acquiring it government would be liable to pay compensation and not
otherwise.
2. No Benami Transaction:
Benami transactions were common before enacting Land Reforms Ordinance, 1984. And many
real owners and purchasers were deprived of their rights in land as there was no proof of transfer
and the person transferred the land could not be identified every time. So this provision was
helpful for both the land owner and purchaser.
Section 5 of the Land Reforms Ordinance, 1984 states that, No person shall purchase any
immovable property for his own benefit in the name of another person, and thus prohibits any
such act like benami transaction ensures both the owner and transferees right.
3. No Eviction from Homestead:
No person can be evicted from his homestead as per this law by aby process. Section 6 of the
Land Reforms Ordinance, 1984 says about this. It states that,
Any land used as a homestead by its owner in the rural area shall be exempted from all
legal process, including seizure, distress attachment or sale by any officer, court or any other
authority and the owner of such land shall not be divested or dispossessed of the land or evicted
there from by any means. Provided that nothing in this section shall apply to the acquisition of
such homestead by any law.
That means only by acquisition government can take any homestead for public purpose by
giving compensation.
4. Settlement of Khas Land for Homestead:
The khas lands of the govt. are settled for the poor who do not have homesteads. In section 7 of
the Land Reforms Ordinance, 1984, it is stated that,
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Where in the rural area any khas land fit for being used as homestead is available, the
government shall, in settling such land, give preference to landless farmers and laborers,
provided that not more than five kathas of such land shall be allotted for such purpose to any
individual. And any land settled like this shall be heritable but not transferable.
So it can be clearly understood that khas land of govt. can be settled by this process for the
landless people but this lands are heritable but not transferable.
5. Rights of the Bargadars:
But the most important part of the Land Reforms Ordinance, 1984 is the chapter V of this
ordinance which describes the rights of the bargadars consisting of section 8 to section 19, as
well as the biggest part of the ordinance which is discussed hereunder.

An Analytical Dissection over Land Reforms Ordinance, 1984:

Cultivation under barga contract and recognition of existing bargadars is discussed in section 8
and section 9 of this ordinance. They says,
Subject to the other provisions of this ordinance, no person shall allow another person to
cultivate his land and no person shall cultivate the land of another person on condition of sharing
the produce of such land between them unless they execute a contract for such cultivation in such
form and manner as may be prescribed. A barga contract shall be valid for a period of five years
commencing from such date as may be specified in the barga contract. Chapter IV of the Land
Reforms Rules, 1984, rule 6 discusses about barga contract.
Any person cultivating the land of another person as a bargadar immediately before the
commencement of ordinance shall be deemed to be a bargadar in respect of such land under this
ordinance. A barga contract executed under this section shall be deemed to be effective from the
date of commencement of this ordinance, and shall be valid for a period of five years from that
date.
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As it has been discussed earlier that, for protecting interests of the bargadars, the impugned act
Land Reforms Ordinance, 1984 has been placed. But how much the goal has been achieved, this
is main concern to inform us. Here we discuss about the achievements of enacting the said
ordinance.
i) Cultivation of barga lands after bargadars death is against the
interests of bargadars:

Section 10 of the Land Reforms Ordinance, 1984 says that,
Where the bargadar dies without leaving any person in his family who is in a position to
cultivate the land, the owner of the land may bring the land under his possession or allow such
land to be cultivated by another bargadar.
Here if we put a simple analysis over the section, it seems to us that, it goes against the
interests of the bargadar, because, when a bargadar dies, without leaving any person here is
nothing described about the person, whether, female is included or not? On the other hand who
are members of family has not been explained.
The main crisis of this section is that, whole barga land shall return to the owner or
Malik that is against the interests of bargadar. Effect of death of bargadars is also discussed
under chapter V, rule 7 of the Land Reforms Ordinance, 1984.

ii) The term reasonableness imposed in section 11 may affect the
interests of bargadars:

Section 11 states that, No owner shall be entitled to terminate a barga contract except in
execution of an order, made by the prescribed authority on the ground that-
a) The bargadar has, without any reasonable cause failed to cultivate the
barga land.
b) The bargadar has without any reasonable cause failed to produce any crop
equal to the average output of such crop in any land similar to the barga land in
the locality.
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c) The bargadar has used the land wholly or partly for any purpose other than
agriculture.
Here without dissecting deeply the impugned section or sub-sections we face with three
questions
1. If bargadars without any reasonable cause fail to cultivate the land shall be
terminated. There is question of reasonableness. How reasonableness would be
determined did not mention therefore there may have a great chance to abuse the
word reasonableness in favour of owner or Malik of barga land.
2. The second confusion is that if the bargadar without reasonable cause failed to
produce average crops. This is a whimsical portion of law, because every year the
time for cultivation is not same. It varies upon the weather or climate change. If once
the cultivator fall in trap, then according to this section Malik shall take privileges
than bargadars, here also interests of the bargadar has been vitiated.
3. The third question is that, if the bargadar for any reason partly or wholly use the
land without agricultural purpose, then contract would be terminated.
Here are two seasons for cultivation and the left season land is to be uncultivated, if the bargadar
wants to cultivate during that unseasoned then contract of barga land shall be terminated, it is
against the interest of the bargadars.
However, we may reach to a decision, after discussing the above sections that, these are to be
amended in favor of bargadar.

iii) Inapplicability of section 12(3) of the Land Reforms Ordinance,
1984:

The proportion of harvested crops has been duly described in section 12(1) of the ordinance.
After the distribution, there in section 12(3) is rule to give a receipt or notice to the owner, for
conformity of handing over the crops. Actually it is a good rule to protect or to deal the barga
contract with clarity, but in reality this rule is not applicable, the concerned parties are not
cautious about the rule, therefore, it requires enforcing the law. Under this section method of
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sharing of the produce is also discussed under chapter VI, rule 8 of the Land Reforms Rules,
1984.


iv) The produce from harvesting crops should be for bargadars:

In section 12 the rule has been placed that, the extra produces came out from the harvesting
crops, shall be for owner, both side of moral and legal it be should not be like, because as an
owner he does not invest any labor or minimum care, he just enjoys the half interest only in
return of being owner, on the other hand, bargadar invests money, labor, care etc. therefore,
basing upon moral code, produces of harvesting crops should be for the bargadars.

v) Pre-emption of State Acquisition and Tenancy Act, 1950 should not
affect the section 13 of Land Reforms Ordinance, 1984:

If we read out section 13 of the Land Reforms Ordinance, 1984, it says that,
Where the owner intends to sell the barga land, he shall ask the bargadar in writing if he is
willing to purchase the land.
It is happier news to the bargadar that he may buy the barga land if he wants, meaning it is his
land right to buy the land.
But if we see the next potion of the section proviso says that,
This provision shall not apply to where the owner sells the land to a co-sharer or to
his parent, wife, son, daughter or sons son or to any other member of his family.
This proviso exactly resembles to section 96 of the State Acquisition and Tenancy act, 1950 -it is
also right to pre-emption. Here we can see express conflict between section 13 of Land Reforms
Ordinance, 1984 and State Acquisition and Tenancy Act, 1950. Although conflict has been
dismissed by imposing the proviso, but this proviso goes against the interests of the bargadar.
Therefore this proviso should be abolished.

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vi) The question of validity of the Land Reforms Ordinance, 1984 after
coming 7
th
amendment judgment:

It is mandate of article 65 of the constitution that every law must be passed during session of
parliamentary. But during emergence a power to enact law has been given to the president in
article 93 of the constitution without any parliamentary session. The requirement is that the
ordinance must be placed and passed by the vote of parliament members within thirty days of
sitting of the parliament session
Now we should turn into the Land Reforms Ordinance, 1984, it was passed during martial law
regime of General Ershad and the laws from 1982-1986 were validated by passing Seventh
Amendment Act, 1986 of the constitution.
It is very unfortunate or luckily fortunate that, in 2011 Seventh Amendment has been declared
void and unconstitutional, it amounts that Land Reforms Ordinance 1984 is also unconstitutional
as it was under the package, until it is again placed and passed by the parliament within thirty
days. Here, in case of Land Reforms Ordinance, 1984, thirty days have been over, and now the
validity of this ordinance has been questioned.

Section 14 of this ordinance discusses about ceiling of barga land which states that, No
bargadar shall be entitled to cultivate more than fifteen standard bighas of land. He can only hold
the land by one kind of mortgage, that is, complete usufructuary mortgage. If a bargadar
cultivates land in excess of fifteen bighas of land, the share of the produce due to him as a
bargadar in respect of the excess land may be compulsorily produced by the Government by
order made in this behalf by the prescribed authority.
Section 15 states that, No person shall cultivate the land of another person except under a barga
contract or complete usufructuary mortgage or as a servant or laborer. If a person cultivates the
land of another person in violation of the provisions of this section, the produce of the land may
be compulsorily procured by the govt. by order made in this behalf by the prescribed authority.
Section 16 states about the disputes regarding this ordinance. It says, Every dispute between a
bargadar and the owner in respect of division or delivery of the produce, termination of barga
contract, place of storing and thrashing of the produce, shall be decided by the prescribed
authority.
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Difference between the Rights and Liabilities of Raiyats and Bargadars:

In chapter XIII of the State Acquisition and Tenancy Act, 1950 rights and liabilities of a raiyat
is discussed and from here we get the difference and reforms in the sector of rights and liabilities
of raiyats from rights of the bargadars.

i. Rights in Respect of Use of Land:

Section 83 of the State Acquisition and Tenancy Act, 1950 says about rights of raiyat
in respect of use of land. It says, A raiyat shall have the right to occupy and use the land
comprised in his holding in any manner be likes.
But according to the Land Reforms Ordinance, 1984, the rights of the bargadars is
limited as per contracted by barga contract between the owner and the bargadar.

ii. Devolution of Holding on the Death:

Section 84 of the SAT Act, 1950 states, if a raiyat dies intestate his holding shall
subject to and in a manner not inconsistent with, the provision of this act, descend in the same
manner as his other immovable property. Provided that in any case in which under the law of
inheritance, to which the raiyat is subject, his other property goes to the state, his interest in the
holding shall be extinguished.
Section 10 of the LRO, 1984 states, Where a bargadar dies before the expiry of the
barga contract, the cultivation of the barga land may be continued by the surviving members of
the family of the deceased bargadar till such expiry or till the barga contract is terminated under
this ordinance. Where the bargadar dies without leaving any person in his family who is in a
position to cultivate the land, the owner of the land may bring the land under his personal
cultivation or allow such land to be cultivated by another bargadar.
So from the words of the section it is clear that, raiyat gets absolute right in the land
and so after his death his property devolves upon his heirs or as per his will. But bargadar gets
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limited right and so after his death, if he has no heir left, his barga land would be taken by his
owner of the land for cultivation.

iii. Ground for Eviction:

Section 85 of the SAT Act, 1950 says that, A raiyat shall not be ejected from his
holding or any part of his holding, except in execution of a decree for ejectment from the whole
holding or any part of the holding, as the case may be, passed by a civil court, on the ground that
he has done any act in contravention of the provisions of this act with respect to the whole
holding or the part concerned.
In case of a bargadar, he would be ejected or not from his barga land would be
decided by the barga contract made between him and the land owner. But he cannot be evicted
from his homestead otherwise than acquisition.

iv. In Case of Diluvion and Alluvion:
Diluvion means losing of land in the river or sea and alluvion means reappearing of
the land. According to section 86 of the SAT Act, 1950 if any land is lost by diluvion, the right
of tenant over the land does not extinguish if the tenant keeps paying the rent or as per the
collector says. When the land reappears in situ in 30 years then the tenant can apply for the land
as per his right exists till 30 years.
But LRO, 1984 does not say anything about the rights of a bargadar in case of
alluvion and diluvion of the land.
v. Right in Land Gained by Accession from Recess of River or Sea:

According to section 87 of the SAT Act, 1950, When any land gained by accession,
whether from the recess of river or the sea. It shall not be considered as an increment to the
holding or tenancy to which it may be thus annexed, but shall vest absolutely in the Government
of the Peoples Republic of Bangladesh and shall be at their disposal.
20

But nothing in this regard is said in the LRO, 1984 about the rights of the bargadar
in such cases.


vi. Transferability of Holding:

According to section 88 of the SAT Act, 1950, the holding of raiyat or a share or
portion thereof shall, subject to the provisions of this act, be capable of being transferred by him
in the same manner and to the same extent as his other immovable property. Provided any khas
lands of a tea garden retained shall not be transferred without the prior sanction in writing of the
deputy commissioner and that the proposed transfer shall not in any way disrupt the entity of the
tea garden as a whole or in any way affect the cultivation of tea for which the land is held.
But according to LRO, 1984 a bargadar can only hold the barga land but cannot
transfer it in any manner as he is not the real owner of the land who has the title over it.

vii. Extinguishment of interest:

According to section 92 of the SAT Act, 1950 the interest of raiyat in a holding shall
be extinguished-
a) When he dies intestate leaving no heir entitled to inherit under the law of
inheritance to which he is subject.
b) When he surrenders any holding at the end of an agricultural year by giving notice
to the revenue-officer.
c) When he voluntarily abandons his residence without making any arrangement for
payment of the rent as it falls due and ceases to cultivate his holding.
d) When such inheritance has devolved by inheritance, under the law of inheritance
to which such raiyat is subject, on a person who is not a bonafide cultivator and
such person has not cultivated the land comprised in the holding.

21

On the other hand, under LRO, 1984, the rights of the bargadar in barga land are extinguished for
the following reasons according to section 10 and 11-
a) Death of the bargadars when there is no other person in the family of the bargadar who
can cultivate the land.
b) If the bargadar fails to cultivate the barga land without any reasonable cause, or
c) failed to produce any crop equal to the average output of such land, or
d) the bargadar has hold the land for any other purpose than agriculture, or
e) the bargadar has contravened any provisions of the contract, or
f) has surrendered or abandoned voluntarily his right of cultivation, or
g) the land is not under cultivation of the bargadar, or
h) The owner requires the land for bona fide personal cultivation.

viii. Restrictions on sub-letting:

According to section 93 of the SAT Act, 1950, no raiyat shall sub-let the whole or any part of his
holding on any terms and conditions and if he does so his right will be extinguished over the land
and shall vest in the govt.
No specific provision about this is stated in LR0, 1984 but as a bargadar cannot transfer the
barga land it can be presumed that he cannot sub-let the land also.


ix. Limitation on Mortgage:
According to section 95 of the SAT Act, 1950, no raiyat can mortgage his land otherwise than
complete usufructuary mortgage. And as per the LRO, 1984 a bargadar cannot mortgage his land
at all.
x. Restriction of Alienation of Land by Aboriginals:
Section 97 of the SAT Act, 1950 states that, no aboriginal can transfer his property to any other
person who is not an aboriginal without the permission of the revenue officer but no provision is
there in the LRO, 1984 regarding this.
22

As regards the differences in the matter of Ceiling and pre-emption, it is discussed earlier in this
assignment.

Conclusion:

In 1984, the government had published the Land Reforms Ordinance 1984 which allowed
the retention of the highest ceiling of landownership at 100 bigha per household.
However, becoming a land owner by purchasing a new piece of land was restricted to 60
bighas. This new ordinance did not bring any significant changes in the land
ownership pattern. However, the Land Reform Ordinance of 1984 had legalized the rules
of sharecropping. As the people who are the real owners of lands are usually not the cultivators,
and the bargadars are the people who cultivates the land and provides us with food which we
need the most to live, if they do not get their right properly our country cannot develop in the
food sector and become self-independent. So it is really important to see if they are getting their
rights accordingly or not. What we can see from the above discussion is that, there are so many
lacking in the ordinance which is hindering the bargadars from getting their rights. Specific rules
are needed to be enacted in this matter and work for the betterment of the current conditions of
the bargadars.







23


References:

1. The constitution of Bangladesh.
2. Bangladesh gazette, 1984.
3. ,
4. Obaidul Huq Chowdhury, The State Acquisition and Tenancy Act, 1950 (XXVIII of
1951), Dhaka Law Reports, Fourth Edition, 2007.
5. Al-Quran, Sura Baqara.
6. Jawaharlal Nehru, History of the World, p.137
7. Jawaharlal Nehru, Letters of My Father, p.33
8. Rahul Sankrittain, Volga Theke Gonga,
9. Amartya Sen, Idea of Justice, Oxford Press.
10. W. Maitland, The Constitutional History of England, Vikas Publishing House Pvt. Ltd.,
New Delhi, Bombay, Bangalore, Calcutta, First Edition, 1908, p.24.
11. Hobbes, Leviathine, First Edition, 1583.
12. R. M. MacIver, The Modern State, Oxford University Press, 1926, p.62.








24


Index


Contents Page no.
1.
Introduction
1
2.
A short history of land system in the world from civilization to
civilization
1
3.
The term land-different ways to be determined
2
4.
History of land laws in Bangladesh
3
5.
The term bargadar-difference from the term tenants
8
6.
The term bargadar what actually means
9
7.
Salient features of Land Reforms Ordinance, 1984
9
8.
An analytical dissection over Land Reforms Ordinance, 1984
12
9.
Differences between rights and liabilities of raiyats and bargadars
17
10.
Conclusion
21
11.
References
22







25