Modes of Acquisition of state-owned property by the Government of Bangladesh

According to the Collins dictionary, Public property is land and other assets that belong to the general public and not to a private owner. Public property is also known as State owned-property. Article 143 and 144 of The Constitution of The Peoples's Republic of Bangladesh clearly stipulate that property is recognized as public property and the power of the executive regarding the property.

Modes of Acquisition of state-owned property:

a)      Land or property lawfully vested:

v  According to Section 20(2) of The State Acquisition & Tenancy Act, 1950, property which is lawfully vested to the government is given below:

                    i.            Any land or building in hat or bazar;

                  ii.            Any fishery other than a tank constructed solely by process of excavation;

                iii.            Any land consisting of forest;

                iv.            Any land actually in use for ferry;

                  v.            Any building or part of building outside in the homestead as is used primarily as office or cutchery for the collection of rents on any estate, taluk or tenure;

                vi.            Derelict tea gardens;

v  According to Section 93 of The State Acquisition & Tenancy Act, 1950, if any holding or any part of the holding is sublet in contravention of the provisions of this Section, the interest of the raiyat in holding or in the part of the holding shall be Extinguished. As the case may, the holding of the part of the holding shall vest in the Government from the date of such subletting free from all encumbrances.

v  According to Section 3 of The Land Holdings (Limitation) Order, 1972, no family or body shall be entitled to retain any land held by it in excess of one hundred standard bighas in the aggregate and all lands held by in excess of that quantity shall be surrendered to the Government.

v  According to Section 4 of The Land Reforms Ordinance, 1984, if any malik acquires any new agricultural land in contravention of the provisions of this section, the area of land which is in excess of sixty standard bighas shall vest in the Government.

b)      All minerals and other things of value underlying any land or Ocean shall recognize as the property of the Government;

c)      Property that has no rightful owner:

We know that the property that has no rightful owner shall vest to the government and this property is known as the State-owned property. According to Section 92 of The State Acquisition & Tenancy Act, 1950, the interest of raiyat in a holding shall be extinguished-

                                                        i.            When he dies intestate leaving no heir entitled to inherit under the law of inheritance. This is known as the doctrine of Escheat.

                                                      ii.            When he surrenders his holding at the end of any agricultural year by giving notice in the prescribed form and in the prescribed manner and within the prescribed period to the revenue officer.

                                                    iii.            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 either by himself or by members of his family or with the aid of servants or laborers or with the aid of partners of bargadars for a period of three successive years.

                                                    iv.            When such interest has devolved by inheritance under the law of inheritance to which such raiyat is subject, on a person who is not a bona fide cultivator and such person has not cultivated the land comprised in the holding either by himself or by members of his family during the period of five years from the date on which such interest has so devolved on him and there is no sufficient cause why he has not cultivated the land. When the interest of a raiyat in a holding is extinguished the Revenue Officer may enter on the holding and the holding shall, with effect from the date on which the revenue officer so enters on it, vests absolutely in the Government.

d)     By using executive power (Principle of ‘eminence dominium’): The community has the right to take at a fair price, the property of individuals for public use. This is called the principle of ‘eminence dominium.’ Article 144 of The Constitution of Bangladesh empowers the executive authority to acquire of any such property.