Vested property law in Bangladesh

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Bangladesh National Assembly Dhaka, 11th April, 2001
Vested property act
The following legislation passed by the Parliament on 11th April, 2001 has been received the approval of
President the law is published for the public interest:
The law no 16 of 2001 ( Corrected up to 2013)
The composed law about Some property listed as vested property are reverted to Bangladeshi realowner
or their Bangladeshi successors in interest and about other related topics. As A law about this topic is
reasonable and necessary,
Hereby the following laws are composed:-
1. BriefHeadline:-This law will be known as vested property Rule Act 2001
2. Definition: If there is no Contrary to the subject or context, in this act -
a. Vested property means government owned property under vested property act
b. Vested property act means-
i. Defense of Pakistan ordinance, 1965
ii. Defense of Pakistan Rules, 1965 and the part of the order that was mentioned in the
clause v is under the custody of ordinance no xxiii of 1965 act.
iii. Enemy property ordinance, 1969 (Which was aborted under the act xiv of 1974)
iv. Bangladesh order,1972 and the parts of it that are applicable to the ordinance and
rules of sub-clause of I, ii & iii.
v. Enemy property Act,1974 (xiv of 1974) and
vi. Vested and non-resident property Act,1974 (which is aborted by the Ordinance no
XCII of 1976) and the part of the order that are applicable to the ordinance and rules
of sub-clause I, II, III
c. Temporary lease meaning, for non-agricultural land lease for less than 12 year and for
agricultural land lease for less than 15 year,
d. Appeal tribunal meaning the established appeal tribunal for reverted vested property under
article 19 (aborted)
e. District Commissioner and other officers that were given authority to fulfill the purpose of
the act
f. Tribunal meaning formulated reverted vested property tribunal under article 16
g. Decree meaning Decree formulated by tribunal or appeal tribunal respectively under the
articles 10(8) & 18(6).
h. Custodian meaning Custodian, Additional custodian, Deputy custodian and Assistant
custodian employed for the custody and management of vested property under vested
property act.
i. Civil procedure meaning Code of Civil Procedure,1908 (Act v of 1908)
j. Revertible property that is in the kind of property listed as vested property under the vested
property act by the custodian, such as
i. Which were under ownership or control of Government right before formulation
of this Act

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ii. Which were “ Revertible property of public interst” that is Debottar Property,
Math, Cemetery, or Religious Institutions or Charities property or trusty property
and which were owned and controlled by Government right before the
formulation of this act
k. ‘Revertible property list” meaning published list of property under article 9
l. “Rule” meaning Rule under this Act (Aborted)
m. “Owner” meaning if the realowner or successor or successor in interest or in their absence
their co-sharer in possession by lease or any other form are Bangladeshi citizen and
permanent resident whose property is listed as vested property
n. In case of vested property or revertible property or revertible public property “ Government
owned or controlled” meaning directly government owned or government bestowed
temporary lease or rent or indirectly government approved & owned or controlled or
temporary leased, rented, or non-renewed/renewed expired approval of property before or at
the date of law issue,
o. “Permanent lease” meaning
i. 99-year long lease
ii. For non-agricultural land lease for 12 years or more than 12 year that turns into
permanent leasing under section 8 of Non-Agricultural Tenancy Act,1949
iii. For agricultural land lease for 15 or more years that turns into permanent lease
with the power of lease related legal documents
3. Priority of the act: If this act does not agree with any other law, even then the provisions of this law
will be valid.
4. Limited implementation ofcivil code ofconduct: Under this act except the present proceedings in
the law’s provisions other provisions will not be applicable.
5. Reverting the revertible properties to the owners and its results:
i. Revertible property will be given to the owner with the condition that he/she can
move his movable property if government wants
ii. If the land is under acquisition compensation will be given to the owner
iii. Under this act if the revertible property is a agricultural land the Rules of Land
Reforms Ordinance,1984 are applicable
6. Some properties that are not allowed to be included in revertible land list:
i. If any property is announced as non-revertible by court’s decision
ii. If any property is under permanent lease or ownership provided by government
iii. Revertible property that are insurance or share of a company
iv. Acquisitioned land in public interest
7. Claiming newclaims or claims for restitution is prohibited:
i. After the formulation of this law no one can appeal to the revenue officer for his
or her including to the list or for the rejection of known revertable land
ii. If any case is filed court or responsible caretaker or revenue officer would
dismiss the case.
8. Transfer of revertible property is prohibited: According to this law before reversion of the land no
one can change any kind of ownership of this land.
9. Published list ofrevertible property: published by related authority.

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10. Request for reinstatement or release ofrefundable property, copy ofregistry judgment and
verdict:
i. Owner can apply including necessary papers for the revertible property.
ii. Claimer of the compensation can apply to the tribunal with necessary papers.
iii. Nobody can apply for the property of public interest.
iv. Applicant can appeal for the cancellation of any property from article 6 listed
in revertible property list.
v. Every application will be registered under a listed number.
vi. Tribunal will take necessary steps to solve the case in 30 days.
vii. Under this act the tribunal will give verdict within 300 days of application
submission.
viii. In the verdict every decision about the complain will be listed.
ix. A decree will be formulated within 7 days of declaring the verdict.
x. Tribunal will supply a copy of the verdict within 30 days of applying for the
copy.
11. Implementation ofDecree: Under the provision of subsection 2 tribunal will hand over the copy of
verdict and decree to the district commissioner 45 days after the preparation of decree and DC will
take necessary steps in certain cases to make the verdict a reality.
12. Legal nature ofthe decision to release: After the decision of cancellation of a property from
revertible property list under this act it would be made sure those property are non revertible by
article 6 , the applicant will not be decided as the owner and anybody’s right will not be violated who
are claiming the property legally.
13. Abatement ofproceedings, closure ofproceedings and raising claims in tribunal: The part of a
property which is going to be listed in govt. gadget and are related in another case that case will be
abated automatically at the publishing date of gadget and any order about the property given in
separate case and order given by the custodian will be inapplicable.
14. Provisional provisions relating to revertible property under temporary lease: District
commissioner will be controller of the vested property and will lease out according to applicable act
until the reversion.
15. Provisions related to recoverable public property:
I. Anybody in the charge of public interest property can apply within 300 days of the
publication of govt. gadget.
ii. After the confirmation of the authenticity about authority of the public interest
property district commissioner will revert the property to them.
16. Formation and structure oftribunal:
I. Under this Act the govt. can formulate one or more tribunal in each district by govt.
gadget circular .
II. if there is more than one tribunal in a district the tribunal to receive the application
will be mentioned in the circular and excess application will be transferred to the
additional tribunal to solve them.
III. Joint District judge or senior assistant judge from justice department will be present
in the tribunal.

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17. Jurisdiction oftribunal:
i. This tribunal will not take any law suit outside the jurisdiction.
j. Tribunal will not take any hearing application for the properties outside revertible
property list.
k. This tribunal will give verdict about the cases only inside its jurisdiction.
18. Appeal:
i. Appeal tribunal will accept the appeal against the verdict given under the tribunal
mentioned in subsection 2.
j. Appeal tribunal will provide their verdict within 300 days of appeal submission after
hearing from both side.
k. Appeal will prepare a decree according to the verdict within 7 days and transfer the copy
of verdict and decree to the tribunal and district commissioner.
19. Vested property extradition appeals tribunal and its structure:
i. Under this Act the govt. can formulate one or more Vested property extradition appeals
tribunal tribunal in each district by govt. gadget circular.
j. if there is more than one tribunal in a district the tribunal to receive the application will
be mentioned in the circular and excess application will be transferred to the additional
tribunal to solve them.
k. Joint District judge or senior assistant judge from justice department will be present in
the tribunal.
20. Jurisdiction ofthe appeal tribunal:
i. Appeal tribunal can either cancel or confirm or correct the given verdict by the appeal
tribunal.
j. Appeal authority can accept any witness who are related to the case or added further by
the tribunal in order to solve the case.
k. Appeal tribunal won’t return any objection to the tribunal rather it would solve the case
with given paper and witnesses.
l. Appeal tribunal may solve the cases for the same property by only one verdict.
21. Aborted
22. Trial of the Tribunal and Appellate Tribunal:
i. Every verdict of tribunal and appeal tribunal would be published in public.
j. Tribunal and appeal tribunal would work according to the existing provisions until
appropriate laws are not formed.
k. About all question of fact and question of law , appeal tribunal can take any decision and
this verdict will be final .
23. Special provisions related to one-sided hearing and dismissal:
i. Tribunal and appeal tribunal would give verdict one sided to any party, considering the
accuracy of the appeal after the hearing .
j. If tribunal or appeal tribunal provide one sided verdict after the hearing it wont be
possible to made rehearing more than one time.
k. If any party is absent during hearing and other party is not interested of hearing , appeal
would be dismissed there.
l. Reinstatement of any appeal or application wont be possible more than one time after
the cancellation of any hearing.

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24. Acceptance ofevidence, presence ofwitnessesand document submission:
i. Tribunal or appeal tribunal would collect the statement of witnesses supporting the
appeal.
j. Tribunal or appeal tribunal would use the power as civil procedure in order to collect
any information necessary for the appeal.
k. Tribunal or appeal tribunal can provide order to the person holding any documents to
present them necessary for the appeal and he is bound to do that.
25. Special jurisdiction of the Tribunal and the Appellate Tribunal, in case ofinsufficiency of
provision: Tribunal or appeal tribunal will consider any appropriate process to solve any case where
necessary law and act is not available.
26. Provisions related to unclaimed property: If not claimed in certain time limit or if not proved in the
appeal hearing the related property will become government property and government will have the
full ownership of the property.
27. Priority in case ofbuying: In case of buying or leasing the property priority will be given to owner ,
co sharer ,previous tenant.
28. Claim of compensation for vested property or other claims are prohibited: No body can claim
any compensation due to any vested property related cause.
29. Maintain the work done in simple faith: No civil or criminal or other legal proceeding can be filed
against The government or the Tribunal or the Appellate Tribunal or any of the judges of these
tribunals or any officer of the government, for the possibility of a person being hurt due to any act
done in good faith under any of these Acts or Rules
30. Power offorming Rule: For the purpose of this Act, the Government may, by notification in the
official Gazette, make rules
31. Judicial activities: The acts of the Tribunal and the Appellate Tribunal will be considered as civil
courts procedure under this Act include judicial activities referred to in Section 228 of the PenalCode
(XIV Of 1860) and code of criminal procedure 1898.
32. Crime and punishment : If any person
i. Presents false documentation or false witness
ii. Provide any false paper willingly
iii. Violates order or decree
- He shall be punished with imprisonment not more than 7 years or with
fine which may extend to one hundred thousand taka or both
33.Revocation custody: 1. Hereby enemy property act is aborted
2. Hereby vested property reversion act 2nd
correction 2012 , First and 2nd
correction 2013 is aborted