A draft law titled ‘Land Crime Prevention and Remedy Act, 2023’ is almost ready for enactment.
The unified land law is being enacted to ensure speedy legal remedies for the affected parties by disposing of cases quickly.
The Ministry of Land has finalised the draft of the proposed law, which specifies various types of crimes related to land in Bangladesh. The draft law was published on the ministry’s website for opinions from stakeholders.
Alongside the ‘Land Crime Prevention and Remedy Act,’ the government is also moving forward to formulate two other land-related laws titled ‘Land Use and Ownership Rights Act, 2023’ and ‘Land Uses Rights Act, 2023’ to bring paradigm reforms in the land management.
Officials of the Ministry of Land said that the ministry has also finalised the draft of the two other laws.
The three draft laws would be sent to the Parliament for enactment within some days after the approval from the Cabinet.
The ‘Land Crime Prevention and Remedy Act’ will be a unified law which will cover many land-related issues. Land-related disputes and crimes often occur in the country and the existing scattered and complex laws make legal action and remedies difficult and time-consuming, said experts and lawyers.
Talking to Bangladesh Post, Advocate MdKamruzzaman, however, said that the proposed land laws should be enacted upholding the idea of separation of power between judicial and administrative organs so that the laws don’t increase the power of the administration and reduce the power of the judiciary.
Litigation of land-related disputes should remain with the judiciary and should be expeditiously settled, he added.
Md Khalilur Rahman, joint secretary (law) at the Ministry of Land who is assigned to deal with the draft law on behalf of the ministry; said that they have finally prepared the draft of the ‘Land Crime Prevention and Remedy Act, 2023’ after taking opinions from stakeholders and solving some comments as well as recommendations from the Ministry of Law, Justice and Parliamentary Affairs.
“Now we are ready to send the draft to the Cabinet for its approval. We hope that the law will be enacted soon after completion of other proceedings,” MdKhalilur Rahman said while talking to Bangladesh Post on Monday.
Sources of the ministry said that there was an unprecedented response from the citizens and stakeholders since the draft law was opened for opinion.
More than two hundred and fifty categorical opinions came from organisation and individual levels. On the other hand, there are more than a thousand brief comments from individuals.
The crimes related to illegal occupation of Khas, government and private land and various aspects of its redress, prevention and punishment were mainly discussed in the views.
It was known that the government has decided to enact the ‘Land Crime Prevention and Remedy Act’ mainly for three reasons-- To prevent and ensure speedy redress of crimes committed by the use of muscle power, local weapons or firearms to illegally occupy, or attempt to occupy, or continue activities of damage to land; To ensure ownership and possession of the real owner in the land possessed by any government body or statutory body, including privately owned body; and to prevent illegal occupation or attempted occupation of land or damage to it by fraudulent or land grabber with a document or without any document.
The proposed law includes increasing land value prior to acquisition, settlement on hill or at the foot of hill without permission, assisting and inciting crime over land and penalty for creating waterlogging.
The crimes punishable under the draft law include claiming ownership of more land than the actual size; tricking someone into registering more land than the actual size; secretly selling land after prior sale or transfer or after taking advance payment for sale; and cheating with inheritors and con-inheritors.
As per the draft law, if a person forges documents of land, he will be punished with imprisonment of six months to two years, fine of Tk 50,000 or both. If a person forcibly occupies land without having valid documents, he may be liable to imprisonment for one to three years, fine of Tk one lakh to three lakh or both.
If any document shows more land than one owns, he can be sentenced to two to five-year imprisonment, a fine of Tk three lakh or both. Punishment for more than one sale of the same land is also mentioned in the draft law. If a person deals with the intention of reselling the land he has sold, he can be sentenced to two to five-year imprisonment, a fine of Tk three to 10 lakh or both. It would be a non-bailable offence.
Re-negotiation of pledged land is also a punishable offence. If anyone re-enters into a contract with another person after concluding a sales contract or a deposit agreement, he will be punished with imprisonment of two to five years, fine of Tk three to 10 lakh or both.
Misunderstood donation certificate would also be a punitive crime and punishment of the cheating is imprisonment of six months to two years, a fine of Tk 50,000 to 200,000 or both.
Depriving co-inheritors through making documents and depriving others of more land than their share can result in imprisonment of six months to two years, a fine of Tk 50,000 to 200,000 or both.
Depriving co-inheritors and selling more land than they can afford would be a crime and the punishment is imprisonment of six months to two years, a fine of Tk 50,000 to Tk 200,000 or both. If a person forcibly occupies the land due to his partner or co-inheritor, he may be liable to imprisonment for six months to two years, a fine of Tk. 50,000 to Tk. 200,000 or both.
Illegal soil cutting and sand lifting from government or private land, riverbanks or riverbeds would be a crime. That is why, imprisonment of six months to two years, a fine of Tk 50,000 to Tk 200,000 or both can be imposed.
Filling the soil illegally or creating waterlogging in any other way will be considered a crime. That is why imprisonment of six months to two years, a fine of Tk 50,000 to Tk 200,000 or both.
Cutting the top soil without permission is an offence punishable by imprisonment of six months to two years, fine of Tk. 50,000 to Tk. 200,000 or both.
If a settlement is established at the foot of a hill or hill without permission, it may be evicted any time. Illegal settlement is punishable by up to three months imprisonment or a fine of up to Tk 10,000 or both.
Grabbing the land of charities or public institutions like playgrounds, reservoirs, cemeteries, mosques, temples, churches, dargahs, educational or sports institutions and construction or aiding and abetting there, imprisonment for six months to two years, fine of Tk two lakh to five lakh or both.
It would be an offence for anyone to register a land at a price higher than the price fixed by the government, knowing the area in which the land will be acquired. That is why imprisonment of six months to two years, a fine of Tk 50,000 to Tk 200,000 or both.
It would be a crime to make deeds for the same land with more than one person, not to be able to register the deed within the stipulated time as per the agreement, not to be able to hand over within the stipulated time after sale of the flat. That is why imprisonment of six months to two years, fine of Tk 10 lakh or both can be imposed.
Not giving the flat to the owner after the agreement within the stipulated time by the real estate company will come under punishment of imprisonment for two years or a fine of Tk 20 lakh or both.
Illegal occupation of public-private or agency land could result in imprisonment for six months to two years, a fine of Tk one lakh to four lakh, or both.
Partial damage to rivers, haors, beels or wetlands by soil, sand or rubbish, by any other substance or way or by constructing infrastructure can result in imprisonment of maximum one year, fine of maximum Tk one lakh or both. However, complete damage can result in imprisonment for six months to two years, a fine of Tk one lakh to five lakh or both.
Damage to neighboring land owners as well as anyone who damages the co-owner or adjoining land, or makes any alterations, may face imprisonment of one to two years, a fine of Tk three lakh to one million, or both.
Muscle power to take and maintain illegal possession by showing weapons and making death threats would be a non-bailable offence. That is why imprisonment of six months to three years, fine of Tk one lakh to five lakh or both can be imposed.
Any person who directly or indirectly assists in committing any crime as described in this law will be punished as the person who committed the crime. Re-offending he will be punished twice as much as he has been convicted before.
Meanwhile, it was known that after the enactment of the ‘Land Use and Ownership Right Act, 2023’, citizens will be given a ‘Certificate of Land Ownership (CLO), which will contain all information about land ownership. Those who will have a CLO will not be required to prove ownership of land showing different types of documents. Apart from this, a smart card, which will contain all digital information of ownership, will also be given.
