Lecture-3

In Bangladesh:
Land Reforms Ordinance, 1984 is the first ordinance that paved the way for the long-cherished
reformation of lands in Bangladesh. Land Reforms Ordinance seemed to be enacted as the first of
its kind that is going to meet the demand of the time. Land Reforms Ordinance, 1984 later change
to rules has a history of centuries behind it. Before giving an exhaustive analysis of this ordinance
a brief touch of the previous ordinances and acts should be given. Bangladesh is agriculture based
economic supported country because of its geographical position and environmental condition.
Being a blessed part of the earth it’s social, cultural, and economic development directly or
indirectly related to agriculture. This part of the world experiences the governance of many
colonial system e.g., Mogul, British. The English influenced the culture, custom, livelihood of the
inhabitants of this part as well as this subcontinent in large extent. The East India Company,
through which British colonial system has started, found that the vast majority of the people in
Bengal is depended on agriculture for their subsistence and had thus to suffer untold hardship from
periodical famines or inundations. The Zaminders had no proprietary rights in the lands in their
position and where content to realize from the tenants the full amount of the rent in order to remit
to the government the required revenue the government had to make good the loss in revenue
arising of the failure of crops in areas striking by famine flood or pestilence. In order to improve
the agricultural condition and to safeguard the interests of the Zaminders who would then be in a
position to raise the productivity of their lands The East India Company introduce Bengal
Regulation of 1793 which is also known as permanent settlement regulation. This regulation is
considered as the first planned codified land law of this part of the world. Regulation VIII of 1793,
no doubt, succeeded in many cases improve the condition of the previous time but it also created
instability among the owners of the land who collected and paid the revenue. This regulation was
criticized as a black law because of its permanent settlement rule. To improve the condition later
on amendment was brought to this regulation and also new regulation was introduced. But before
the advent of the Bengal Tenancy Act, 1885 the impact of the regulations is not worth mentioning
except The Rent Act X of 1859 which measures to define the status and rights of raiyats vis-à-vis
the landlords. The principle of the Act may be said to be based upon a system of fixity of tenure
at judicial rent. It had three main objectives: Firstly, to give the settled raiyats the same security in
his holding as he enjoyed under the old customary law. Secondly, to ensure to the landlord a fair
share of the increased value of the produce of the soil. Thirdly, to lay down rules by which all
disputed questions between landlord and tenant could be reduced to simple issues and decided
upon equitable principles. In pursuance of these main principles, the Act laid down rules to guide
the courts in determining whether a tenant was a tenure-holder or a raiyat; it provided a producer
for the registration of the transfer of tenures; it defined the position of raiyats who held at fixed
rates of rent; it facilitated enhancement or reduction of rent of raiyats by suit; it established a
system for the communication of rent payable in kind; it specified the grounds on which a non-
occupancy raiyat could be ejected; it prescribed rules for installments, receipts and interest upon
arrears; it encouraged the making of improvements; it restricted sub-letting; it provided for cases
in which holdings were surrendered or abandoned; it protected the interests, both of the parties and
the general public, in cases of disputes between co-sharer; it laid down a procedure for recording
the private lands of properties; it introduced a new system of distrait; it gave protection to sub-
tenants when the interest of the superior holder was relinquished or sold in execution of a decree,
and finally it provided for a survey and the preparation of a record-of-rights in respect of any local
area, estate or tenure or part thereof by a Revenue officer, and thus settled all disputes between
landlord and tenant as to area, rent and status which were the chief subjects of contention.

East Bengal State Acquisition & Tenancy Act, 1951

The first major attempt in the direction of land reforms was the enactment of East Bengal State
Acquisition & Tenancy Act, 1951. Prior to that, measures to define the status and rights of the
raiyats vis-à-vis the landlords were contained in the Rent Act X of 1859 and the Bengal Tenancy
Act of 1885, as amended subsequently in 1928 and 1938. The Floud Commission was the first
major land reforms body appointed by the Government and its recommendations were the
foundation of the 1951 legislation.

Urgency of the land reforms ordinance, 1984

In many ways reformations of lands were the earnest demand of bargadars (sharecroppers) and
also the necessity for the country’s gross production. Here some aspects are mentioned to show
the urgency of the ordinance among the citizens of the country.
Social Aspect:

It was felt that land reforms as presently envisaged must cover the regulation of tenancy rights,
including those of bargadars (share-croppers), measures to sub-division and fragmentation of
holdings, proper land management including improvement of crop yield, the organization of credit
and marketing facilities of the farm-produce and other matters which the particular needs of the
country demand. On the other hand, the major share of the income from land goes to the one fifth
land owners in the country. That this disparity is increasing the poverty and widening the rich-poor
gap in the country doesn't need further proof. For the sustainable development of the country this
disparity should be discouraged. So, this land reforms ordinance was necessary to safeguard the
principle of our liberation war.

Financial Aspect:

It is a well proved theory around the world; a successful land reformation will have its immediate
impact on the country’s land revenue vis-à-vis the total economy. As an example, the spectacular
immediate effect of land reforms in East Pakistan can be mentioned. Before the abolition of the
Zamindary system the land revenue demand of the province stood at Rs. 1,76,74,609/-. But after
the implementation of the SAT Act, 1951 this revenue goes to Rs. 10, 66, 36,367/- in 1958-59.
The break-up is given below:

a. Rent- Rs 9,48,91,160.00

b. Demand on account of sairat mahals i.e., hats, bazaars etc. - 1,17,45,207.00

After the liberation many khas land were illegally possessed by the land grabbers. To get the
revenue of these lands the reformations became mandatory.

Administrative Aspect:

Bangladesh had failed to introduce a governing system that would include both the rural and urban
people. As an agricultural based country majority of its people related to agriculture. So, a good
land administration can attach the villagers to the main stream power. To introduce an effective
land reforming system the co-operation of the villagers has no alternative option. In this
perspective land reforms ordinance, 1984 had the urgency.
Main Features of Land Reforms Ordinance, 1984:

1. No agricultural tenant can acquire more than 60 bighas under sec4(1)

2. If any agricultural tenant holds more than 60 bighas land, such excess land shall be acquired by
the Govt. & far such acquisition government is not bound to pay any
compensation…………………under section 4. But if the excess land is owned by right of
inheritance, gift, will, then govt. is bound to pay the compensation for acquiring such land
……….under section 4.

3. This act prohibits all types of benami transactions……under section 5(c1).

4. Court will not take or prosecute for benami transaction. Court will only receive the name
mentioned in the transaction as an actual owner of that immovable property…….under section
5(2), & 5(3).

5. Any land used as a homestead by its owner in the rural area shall be exempted from all legal
process, including seizure or sell by any officer, court or any other authority & the owner of such
land shall not be diverted or disposed of the land or evicted thereon by any means ….under sec 6.

6. Govt. can distribute khas land to the landless people or labourer in the rural areas but not more
than 5 kathas to any individual & such land shall be heritable but can’t transferable…under section
7.

7. Every bargadar shall be construed under the specified contact as notified by govt. from the 14th
April 1984. If this procedure is not followed then such bargadar will be null & void & govt. will
acquire all such product. Once a bargha contract made, it shall be valid for next 5 years from the
date it is made. Under sec.08.

8. Product grown by borgha system will be divided into 3 parts .1) 1/3 one will get by the owner
of the land. 2) 1/3 another will get by the bargadhar & 3) 1/3 other will get the person who bears
the cost of cultivation…….under sec.12.

9. Where the owner extends to sell the bargha land he shall ask the bargadars in writing if he is
willing to purchase the land & within 15 days from the date of receipt of the offer bargadar has to
communicate in writing to the owner whether he is agree or not to purchase ……….under sec.13.
10. One bargadar can only cultivate 15 bighas of land as bargha & excess of it is prohibited by
laws & Govt. will take all the cultivate product of the excess land of 15 bighas………under sec.15.

11. All disputes between bargadar & the owner shall be settled by the authority as may be
prescribed by Govt. ……..under sec.16.

12. No further prosecution can be laid down in any court otherwise as the govt.
prescribed……under section 17.

13. Accused will be penalized with 2-thousand-taka compensation if he violates this law. Under
sec. 21.

14. This act comes into force on 14 April of 1984 as Land reforms ordinance 1984__ (preamble).

15. Govt. has determined the wages of the labour in case of agricultural cultivation. Its amount
will be 3.27kg rice or the equal amount of it. Sec 3 of the agricultural labour (minimum wages)
ordinance 1984.

16. Suit can be filed to the village court as a compensation for compensation sec 6, ibid.

17. No question can be raised in any court about the wages of labour as determined by the govt.
sec.7, ibid.

Definitions:

In this ordinance, unless is anything repugnant is the subject or context –

(a) BARGADAR means a person who under the system generally known as adhi,bargadar or bhag
cultivates the land of another person on condition of delivering share of produce of such land to
that person.

(b) BARGA CONTRACT means any contract cultivation of any land cultivation by a person as a
bargadar.

(c) BARGA LAND means any land under cultivation of any person as a bargader.

(d) Family is relation to a person, includes such person and his wife, son, unmarried daughter,
son’s wife and son’s unmarried daughter. Provided that an adulator married son who has been
living in a separate mess independent of his parents and pays union rate in his own name and his
wife, son and unmarried daughter shall be deemed to constitute a separate.

(e) HOMESTEAD means a dwelling house without houses, thanks and enclosures immediately
connected with it covering an area of not more than one standard bigha. Provided that where such
area exceeds one standard exceeds one standard bigha the excess land shall not be deemed to be
home stead.

(f) MALIK means a person or an organization, body or authority holding agricultural land.

(g) OWNER, in relation to bargadar land, means the person from whom the bargadar gets land for
cultivation under a barga contract.

(h) “PRESCRIBED” means prescribed by rules made under this Ordinance;

(i) “PRESCRIBED” Appellate Authority” means an authority appointed by the Government, by

notification in the official Gazette, for the purpose of hearing all or any of the appeals under this
Ordinance, or an authority specified in the rules for such purpose;

(j) “PRESCRIBED” authority” means an authority appointed by the Government, by notification

in the official Gazette, for all or any of the purpose of this Ordinance, except for the purpose of
hearing appeals, or an authority specified in the rules for such purposes;

(k) “PRODUCE” includes straw, stalk of any crop and any other crop residue;

(l) “RULES” means rules made under this Ordinance;

(m) “RURAL AREA” means any area which is not included within a municipality.

Limitation on Acquisition of Agricultural Land:

An ordinance to reform the law relating to land tenure, land holding and land transfer with a view
to maximizing production and ensuring a better relationship between land owners and bargadars.
Whereas it is expedient to reform the law relating to land tenure, land holding and land transfer
with a view to maximizing production and ensuring a better relationship between land owners and
bargadars. Now, therefore, in pursuance of the proclamation of the 24th march 1982 and in exercise
of all powers enabling his in that behalf, that the president is pleased to make and promulgate this
ordinance. This ordinance is known as The Land Reforms Ordinance 1984. Section 4 of the
ordinance deals with the limitation on acquisition of agricultural land.

(1) No malik who or whose family owns less than sixty standard bighas of agricultural land shall
acquire any new agricultural land by transfer, inheritance, gift or any other means

(2) A malik who or whose family owns less than sixty standard bigha of agricultural land may
acquire, new agricultural land by any means, but such new land, together with agricultural land
owned by him shall not exceed sixty standard bighas.

(3) 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
and no compensation shall be payable to him for the land so vested, except in the case where the
excess land is acquired by gift, inheritance or will.

(4) Compensation for the excess land payable under sub-section (3) shall be assessed and paid in
such manner as may be prescribed: Provided that where such compensation is payable only for a
portion of the excess land, the assessment and payment of compensation shall be made for such
portion of the excess land as the malik may specify in this behalf. Before Land Reforms Ordinance
1984, any malik can hold and transfer more than sixty standard bighas of agricultural land. So, we
can say that The Land Reforms Ordinance, 1984 hits the roots of the Zamindar system.

PROHIBITION OF BENAMI TRANSACTION OF IMMOVABLE PROPERTY:

Benami purchases are purchases in false name of another person, who does not pay the
consideration but merely lends his name, while the real title vests in another person who actually
purchased the property and he is the beneficial owner. Benami transactions used to take place to
evade law of perpetuity, because of parda system, to avoid annoyance, Zamindar’s desire to avoid
indignity and legal disability, mysterious desire etc.

Benami transactions were noticed as early as the year 1778 in Mr. Justice Hyde’s notes after the
establishment of British rule in India. In 1854 the committee on a review of cases in Gopeekrist
Gosain Vs. Gungapersuad10, held that benami transaction is a custom of the country and must be
recognized till otherwise ordered by law. In 1882 sections 81 and 82 of Indian Trusts Act gave
legislative recognition to the practice of benami transactions and the courts were bound to enforce
it.

Such benami transactions abused and defrauded public revenues and creditors. The Parliament for
the first time intervened in 1976 when it introduced section 281A in the Income tax Act, 1961
barring the institution of suit in relation to benami properties. But this too did not stop benami
transactions and its consequences, this time the Parliament totally prohibited the benami
transactions and made it an offence also, prohibiting all suits, claims and actions based upon
benami transaction. The Parliament also in order to stop the abuse and fraud by the benami
transaction property without compensation repealed section 82 of Indian Trusts Act and section
281A of the Income tax Act along with other consequential repeal. The Law Commission was
requested to examine the subject on benami transactions in all its ramifications. The Law
Commission submitted its 57th Report. To implement the recommendations of the Law
Commission President promulgated the Benami Transaction (Prohibition of the Right to Recover
Property) Ordinance, 1988 on 19th May, 1988 by which it barred all suits and defenses based upon
benami transactions. This Ordinance was converted into an Act by introduction of a Bill in the
Parliament This ordinance become successful in three fields which are given below: -

Rights of the Bargadar:-

By this ordinance the rights of the bargadar are recognized. Before this ordinance, there was no
effective law to protect the right of the bargadar by this ordinance. After this ordinance 10 1854,
6 MLA 53 the bargadar have a status in the society. A barga contract shall be a period of five years
commencing from specified in the barga contract.

NO BENAMI TRANSATION:

1) No person shall purchase any immovable property for his own benefit in the name of another
person.

2) Where the owner of any immovable property transfers or bequeaths it by a registered deed, it
shall be presumed that he has disposed of his beneficial interest therein as specified in the deed
and the transferee or legatee shall be deemed to hold the property for his own benefit, and no
evidence, oral or documentary, to his beneficial interest therein or that the transferee legate holds
the property for the benefit of the owner, shall be admissible in any court or authority.
3) where any immovable property is transferred to a person by a registered deed, it shall be
presumed that such person has acquired the property for his own benefit, where consideration for
such transfer is paid or provided by another person it shall be presumed that such other person of
the transferee holds the property for the benefit of the person paying or providing the consideration,
shall be admissible in any proceeding before any court of authority.

CULTIVATION UNDER BARGA CONTRACT: -

(1) Subject to the other provision of this ordinances no person shall allow another person to
cultivate his land and no person shall cultivate the land of another person on condition of 12 8
BLD, Page 244 sharing the produce of such land between then unless they execute a contract for
such cultivation in such form and manner as may be prescribed. From this section, it is necessary
to define land firstly. Here LAND means which is cultivate, uncultivated or covered with water at
any time of buildings of the year and includes house of buildings & also things attached to the
earth or permanently fastened to anything attached to the earth. It also includes all fisheries, several
or territorial. So, from this it is clear that no0 person shall cultivate the land which is defi9ned
under sec. 16 of the SAT ACT of another without a contract for cultivation in the prescribed
manner.

(2)A barga contract shall be valid for a period of five years commencing form such date as may
be specified in the barga contract. By the word barga contract under which any land cultivates by
a person as a barga. So, such contract shall be valid for five years commencing from the date of
contract.

RECOGNITION OF EXISTING BARGADARS: -

Recognition of existing bargadars is discussed under section 9 of LAND REFORM ORDINANCE,

1984

1) Any person cultivating the land of another person as a bargadar immediately before the
commencement of Ordinance shall be deemed to be a bargadar in respect of such land under this
Ordinance.

2) The owner and the bargadar of any land referred to in sub-section (1) shall execute a contract
as required under section 8 within 90 days date of commencement of this ordinance.
3) If the parties fail to execute the contract within the specified period, any of them may make an
application to the prescribed authority for getting a contract executed.

4) The prescribed authority shall, after making such enquiry as it deems fit, within 60 days of
receipt of the application, decide whether or not the applicant is entitled to get such contract.

5) If the prescribed authority decides that applicant is entitle to get a contract executed in respect
of any property to execute the contract within two weeks form the date of receipt of shall direct
the opposite party to receipt of direction and, if such party fails to execute, the authority shall
execute on behalf of such party.

6) A barga contract executed under this section shall be deemed to be effective from the date of
commencement of this ordinance, and shall be valid for a period of 5 years from that date.

In this section, we find some important topics. Which are given below: --

1) Here a barga contract is essential between the bargadar & the owner.

2) The contract will be executed under the sub section (1).

3) The contract needs to be executed within 90 days according to section 8.

4) If the parties fail to execute the contract, then any of them can appeal for executing such contract
to the prescribed authority.

5) The prescribed authority will enquiry that the party is entitled or not for such contract within 60
days.

6) If the prescribed authority decides that the party is entitled to get such contract, then the contract
will be executed within two weeks. If any party fails to execute such contract, then the authority
will execute the contract on behalf of him.

7) The contract is valid is for a term of five years.

CULTIVATION OF BARGA LAND AFTER BARGADAR’S DEATH: -

Section 10 of LAND REFORM ORDINANCE discuss the above-mentioned topics- Where a

bargadar dies before the expiry of the period of barga contract, the cultivation of the barga land
may be continued by the surviving members and the family of the deceased Bargadar till such
expiry or till the barga contract terminated under this section.

1) Where the bargadar dies without leaving any person in his family who is in a position to
cultivate the land, the owner of the land may bring the land under his personal cultivation
or allow to such land to be cultivated by another bargadar.

In this section we find some important portions which are given below: -

1) After death of the bargadar, his family member can cultivate the Land till the termination of
such contract.

2) The owner of the land can take under his control if the bargadar dies without leaving any
member in his family who can cultivate the land.

3) The owner can cultivate the land himself.

4) The owner can allow the land to cultivate the land to another bargadar to cultivate.

TERMINATION OF BARGA CONTRACT: -

(1) No owner shall be entitled to terminate a barga contract except in execution of an order,
made by the prescribed authority, on the ground that-

(a) The bargadar has, without any reasonable cause, failed to cultivate the barga land;

(b) The bargadar has, without any reasonable cause, failed to produce any crop equal to the
average output of such crop in any land similar to the barga land in the locality;

(c) The bargadar has used the barga land wholly or partly for any purpose other than
agriculture;

(d) The bargadar has contravened any provision of this Ordinance or the rules or orders made
thereunder;

(e) The bargadar has surrendered or voluntarily abandoned his right of cultivation;

(f) The barga land is not under personal cultivation of the bargadar; or

(g) The owner requires the barga land bona fide for personal cultivation.
 (2) If the owner, without reasonable cause, fails to bring under personal cultivation any land
on termination of a barga contract under sub-section (1)(g) or allows such land to be cultivated
by some other bargadar within twenty four months of the date of such termination, the
prescribed authority may, on an application made by the evicted bargadar, restore the
possession of the land to such bargadar who shall thereupon continue to cultivate the land till
the expiry of the period of barga contract or termination of the barga contract under this
Ordinance.

BARGA TENURE: -

After ensuring that persons belonging to this group of properly recorded in the relevant official
land records, the government realized that their tenure as barga cultivator must not lie at the sweet
will of the land owners. It was stipulated that the owner of the land shall not be entitled to terminate
cultivation of his land by a bargadar, except in execution of an order of the competent authority on
one or more of the following grounds.

1. That the bargadar has without any reasonable cause failed to cultivate the land, or has used
it for any purpose other than agriculture.

2. That the land is not cultivated by the bargadar personally;

3. That the bargadar has failed to deposit or tender the full extent of the share of the crops of
the land owners. 4. That the person owning the land requires it bona-fide for bringing it under
personal cultivation. 5. No bargadar shall be entitled to cultivate more than 6.00 hectors of
land.

DIVISION OF PROCEDURE OF BARGA LAND: -

(1) The produce of any barga land shall be divided in the following manner, namely: -

(a) One-third shall be received by the owner for the land;

(b) One third shall be received by bargadar for the labour;

(c) One-third shall be received by the owner or the bargadar or by both in proportion to the
cost of cultivation, other than the cost of labour, borne by them.
(2) The harvested crop of any barga land shall be stored for thrashing and division either at any
place belonging to the bargadar or any place belonging to the owner, whichever is nearer to
the barga land, or at any other place agreed upon between the parties.

(3) The bargadar shall tender to the owner the share of the produce due to him immediately
after harvesting of the crop and when the tendered share is accepted by the owner, each party
shall give to the other a receipt in such form as may be prescribed for the quantity of the
produce received by him.

(4) If the owner refuses to accept the share of the produce tendered to him by the bargadar or
to give a receipt therefore, the bargadar shall give intimation of such fact in writing to the
prescribed authority.

(5) The prescribed authority shall, on receipt of such intimation, serve a notice upon the owner,
in such form and manner as may be prescribed, asking him to take delivery of the produce
within seven days from the date of service of the notice.

(6) If the owner fails to take delivery of the produce within seven days from the date of service
of the notice, the prescribed authority shall permit the bargadar to sell the produce to any
Government purchasing agency or, in the absence of such agency, in the local market.

(7) If the bargadar sells the produce, he shall deposit the proceeds of such sale with the
prescribed authority within seven days from the date of sale.

(8) The prescribed authority shall give to the bargadar a receipt, in such form as may be
prescribed, stating therein the amount of money deposited with him and the quantity of produce
sold by the bargadar and such receipt shall discharge the bargadar from his obligation to deliver
the share of the produce to the owner. Provided that the quantity of the produce due to the
owner, the obligation of the bargadar with regard to the delivery of the quantity of the produce
not tendered or sold shall continue.

(9) Where a deposit is made under sub-section (7), the prescribed authority shall give
intimation of such deposit to the owner in such form and manner as may be prescribed.

(10) If the owner does not receive the money in deposit from the prescribed authority within
one month from the date of receipt of intimation of such deposit, the prescribed authority may
deposit the money in the treasury in revenue deposit to the credit of the owner and give
intimation of such deposit to the owner in such form and manner as may be prescribed.

BARGADAR’S RIGHT TO PURCHASE: -

(1) Where the owner intends to sell the barga land, he shall ask the bargadar in writing if he is
willing to purchase the land: Provided that this provision shall not apply where the owner sells
the land to a co-sharer or to his parent, wife, son, daughter or son's son or to any other member
of his family.

(2) The bargadar shall, within fifteen days from the date of receipt of the offer, inform the
owner in writing of his decision to purchase or not to purchase the land.

(3) If the bargadar agrees to purchase the land, he shall negotiate the price of the land with the
owner and purchase the land on such terms as may be agreed upon between them.

(4) If the owner does not receive any intimation from the bargadar regarding his decision either
to purchase or not to purchase the land within the specified time or if the bargadar informs the
owner of his decision not to purchase the land or if the bargadar does not agree to pay the price
demanded by the owner, the owner may sell the land to any person he deems fit: Provided that
the owner shall not sell the land to such person at a price which is lower than the price offered
by the bargadar.

(5) Where the barga land is purchased by a person other than the bargadar, the barga contract
in respect of the land shall be binding upon the purchaser as if the purchaser were a party to
the contract.

CEILING OF BARGA LAND: -

It is discussed under section 14 of land reform ordinance 1984. After LAND REFORMS
ORDINANCE, 1984:

1. No bargadar shall be entitled to cultivate more than 15 standard bighas of land. Before this
ordinance, no bargadar shall be entitled to cultivate more than 6 hectors of land.
EXPLANATION: In computing this ceiling area of any land owned by the ...well as land
cultivated by him as a bargadar and held by him under a complete usufructuary mortgage shall
be taken in to account.

RESTRICTION OF CULTIVATION: -

(1) No person shall cultivate the land of another person except under a barga contract or
complete usufructuary mortgage or as a servant or laborer.

(2) If a person cultivates the land of another person in violation of the provisions of this section,
the produce of the land may be compulsorily procured by the Government by order made in
this behalf by the prescribed authority.

DISPUTES: -

(1) Every dispute between a bargadar and the owner in respect of-

(a) Division or delivery of the produce,

(b) Termination of barga contract,

(c) Place of storing and thrashing of the produce, shall be decided by the prescribed authority.

(2) If in deciding any dispute referred to in sub-section (1), any question arises as to whether a
person is a bargadar or not or to whom the share of the produce is deliverable, such question
shall be determined by the prescribed authority.

(3) The prescribed authority shall not entertain any dispute if it is not referred to it by an
application praying for its decision thereon within three months from the date on which the
dispute arose.

(4) The prescribed authority shall, after giving the parties an opportunity of being heard and
adducing evidence and making such enquiry as it deems necessary, give its decision within
three months from the date of receipt of the application.

APPEALS: -

(1) An appeal shall lie to the prescribed appellate authority against any order, decision or action
made or taken by the prescribed authority under any provision of this Ordinance.
(2) An appeal under sub-section (1) shall be filed within thirty days from the date of receipt or
knowledge of the order, decision or action appealed against.

(3) The decision of the prescribed appellate authority shall be final.

PROCEDURE: -

It is under section 18

(1) The prescribed authority and the prescribed appellate authority shall, in deciding any
matter, dispute or appeal, follow such procedure as may be prescribed.

(2) Any person filing any application to the prescribed authority or any appeal to the prescribed
appellate authority shall pay such fees as may be prescribed.

EXECUTION: -

Any decision or order of the prescribed authority or the prescribed appellate authority shall be
executed or enforced in such manner as may be prescribed. So, from this it is clear that the
decision shall be passed by the prescribed authority or prescribed appellate authority.

By the term prescribed authority, it means an authority appointed by the government, by

notification in the official gazette, for all or any of the purpose of this ordinance, except for the
purposes of this ordinance, except for the purpose of hearing appeals or an authority specified
in the rules for such purpose.

And by the term, prescribed Appellate authority appointed by the Government, by notification
in the official Gazette for the purpose of hearing all appeals under this ordinance or an authority
specified in the rules of or such purpose. So, the distinction between these two terms is that the
purpose of Appellate authority is to hear the appeal and this ordinance while it is not the duty
of prescribed authority to hear appeal. So, the decision of these two authorities shall be
enforced by prescribed manner which means by the rules made under this ordinance

Comments Regarding the Success of the Land Reforms Ordinance, 1984: -

Firstly, this ordinance recognizes the bargadars rights. Before the implementation of Land
reforms ordinance 1984, there was no particular law to safeguard the rights of bargadar. For
this reason, they were deprived of their legal rights. The Bargadars get dignity in society by
this ordinance. Such as- at the time of selling barga land, they get priority. Any contract of the
bargadar will be terminated after 5 years from date of the date contract made. Secondly, Annul
the Benami Transaction This ordinance annulled the benami transaction which became more
successful. Because of this benami transaction, one group in the society became helpless. To
get rid of this situation, the implementation of this ordinance was a revolutionary step. Thirdly,
before the implementation of this ordinance, there were no rules or regulation to safe the rights
of the helpless people in our society. As a result, rich people were getting richer and poor
people getting poorer. This ordinance put a restriction over the people to become the owner of
agricultural land more than 60 bighas. So, it can be said that this ordinance equalized all people
in society. To conclude it can be said that the aforesaid facts of this ordinance successfully met
the demand of the people though it had many limitations.