The Land Crime Prevention and Remedy Bill, 2023 was passed in Parliament on Tuesday to curb land-related forgeries and offences.
Land Minister Saifuzzaman Chowdhury moved the Bill and it was passed by voice vote.
In the proposed law, the land-related forgeries have been specified, and steps have been put in place to curb the crimes related to public and private lands. It also promises remedy to such offences.
A scope has been kept in the proposed law for the disposal of land-related disputes through arbitration alongside the court.
The maximum punishment for land forgery would be seven years of imprisonment while the minimum is a two-year jail term.
According to the Bill, transfer of land, promotion of other person’s land in one's own name during survey and record updating, transfer of whole or part of any land to a particular person by concealing information, transfer of land by concealing the identity of the person and signing any document containing false information will be punished with a maximum of seven years of Imprisonment.
It said that after a document is executed, any part of the document fraudulently cut or altered without lawful authority shall be punishable with imprisonment for a maximum of seven years and fine.
The punishment for preparing any false document in whole or in part is also the same. Apart from this, if a person is forced to sign or change a document fraudulently, the same punishment shall also be served.
According to the Bill, no person can occupy the land unless the right of ownership or possession has been acquired by the last khatian owner or his heirs or through a legally executed deed of transfer or possession or a court order. Illegal possession will be punishable with imprisonment for a maximum of two years.
The Bill states that if a person does not have a valid latest certificate issued or updated under the State Acquisition and Tenancy Act and fails to produce proof of payment of the certificate and up-to-date land development tax, he/she shall sell, donate or donate, or otherwise transfer the land, execute power of attorney or cannot register the document.
According to the Bill, a person who cuts the topsoil of arable land without the permission of the District Commissioner will be punished with imprisonment for a maximum of two years.
The Bill mentioned that if any person aids and abets the commission of an offence under this, he shall be punished with the same penalty as the principal offender.
In the objective of the Bill, the land minister said that this law is being enacted to ensure speedy redress of land related offences and to preserve land ownership and maintain peaceful usufruct.
The initiative of enacting the law has been taken with the aim of ensuring uninterrupted usufruct rights of the citizens in their own land, taking necessary measures to prevent land fraud and fraud, taking effective measures to prevent and suppress government and public expenditure, quick remediation of some crimes related to land. Power to make rules is inserted to remove illegal encroachments, constructions, or obstructions or, where applicable, illegally filled soil, sand, etc. from land and to take necessary measures for the purpose of restoring the said land to its former class or nature.
The proposed "Land Crime Prevention and Remediation Bill, 2023" has been formulated by taking the opinions of all the relevant ministries and departments and taking the opinions of the stakeholders including taking the opinions of the field level to eliminate the long process in the settlement of land related cases and to ensure that the people get justice on time.