The Government of Bangladesh has enacted the Land Offences Prevention and Remedy Rules, 2024 (the “Rules”), effective from 24 October 2024. Formulated under the Land Offences Prevention and Remedy Act, 2023, these Rules are designed to streamline the protection of land rights, expedite the resolution of land disputes, and deter land-related criminal activities. This document outlines the key provisions of these Rules.
Combating Land-Related Forgery and Fraud#
The Rules introduce enhanced mechanisms to address the issue of fraudulent land documentation:
- Prevention of Transactions Based on Forged Documents: Where a court determines a land document to be forged, the District Collector and District Registrar will be duly informed. These authorities are mandated to maintain a specific register for such forged documents to preclude their use in subsequent mutations or registrations, thereby protecting individuals from fraudulent claims.
- Expedited Action Against Suspected Fraud: If, during land-related administrative procedures (e.g., registration, survey), a document is suspected to be fraudulent, the concerned party will be notified. Following an opportunity to be heard and an initial inquiry, the matter may be promptly referred to a criminal court for adjudication.
Safeguarding Lawful Land Possession#
The Rules provide an expedited recourse for individuals whose lawful possession of land is threatened:
- Issuance of Protective Orders: Persons facing threats of illegal eviction or unlawful obstruction to land access may apply to an Executive Magistrate. The Magistrate is empowered to issue interim orders directing the opposing party to cease such actions or to present their case.
- Time-Bound Adjudication: Proceedings before the Executive Magistrate concerning such applications are to be concluded within 45 working days from the date of application receipt.
- Maintenance of Public Order: In instances where a land dispute poses a significant risk to public peace, the Executive Magistrate may take necessary preventative measures, including seeking police assistance.
Restoration of Illegally Dispossessed Land#
A streamlined procedure is established for the recovery of land from which an individual has been unlawfully dispossessed:
- Application for Restoration of Possession: An application may be submitted to an Executive Magistrate by any person who has been illegally ousted from their land.
- Systematic Inquiry and Hearing: The Magistrate will verify the applicant’s documentation. If the application is prima facie valid, notice will be issued to the opposing party, and a formal inquiry will be conducted. This inquiry includes an on-site investigation and an opportunity for all parties to be heard.
- Order for Restoration and Enforcement: Upon review of evidence and the inquiry report, if illegal dispossession is established, the Magistrate will issue an order for the restoration of possession to the rightful owner. Should the opposing party fail to comply within 15 days, the Magistrate may direct law enforcement agencies to assist in restoring possession. Costs associated with restoration may be determined and recovered by the Executive Magistrate.
Protection of Public Land and Community Resources#
The Rules also reinforce measures for the protection of government, semi-government, and public lands:
- Prohibition of Encroachment and Damage: Strict action will be pursued against the illegal occupation, damage, or alteration of the character of public or state-owned lands, including unauthorised construction or landfilling.
- Preservation of Agricultural Land: The unauthorised removal of topsoil from cultivable land without the District Collector’s permission, or the filling of any land with extraneous materials without the owner’s consent, is addressed. Offenders may be ordered to rectify the damage or vacate the land, failing which criminal proceedings or mobile court actions may be initiated, and costs recovered.
Enhancing Procedural Efficiency and Transparency#
To improve the accessibility and transparency of legal processes related to land:
- Modernised Service of Notices and Orders: Official notices and orders may be served through registered post, courier services, and, where appropriate, via SMS or email.
- Access to Official Documents: Parties are entitled to obtain certified and attested copies of orders and other official documents in accordance with the Rules.
- Implementation Monitoring Framework: A system for monitoring the effective implementation of these Rules has been established, involving periodic reporting to the Ministry of Land. A designated committee will review these reports and provide recommendations to ensure the Rules achieve their intended objectives.
In summary, the Land Offences Prevention and Remedy Rules, 2024, signify a concerted effort to enhance the security of land tenure, reduce fraudulent practices, provide more efficient mechanisms for resolving possession disputes, and safeguard public and community land resources within Bangladesh.