Section 64(a), (b), (c), (d), (e), (f) and (g)
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The Constitution of Bangladesh, 1972
Article 42 r/w
The State Acquisition of Tenancy Act, 1950
Section 97 r/w
The Chittgaong Hill Tracts Regulation, 1900
Rule 34 r/w
The Rangamati, Bandarban, Khagrachori Zilla Parishad Ains, 1989
Section 64(a), (b), (c), (d), (e), (f) and (g)
The restrictions mentioned in Article 42 will be available in section 97 of
the State Acquisition of Tenancy Act, 1950, Rule 34 of the Rules for the
administration of the Chittgaong Hill Tracts and section 64 of the
Rangamati, Bandarban, Khagrachori Zilla Parishad Ains, 1989. Section 97 of
the Act of 1950 provides ‘Restriction of alienation of land by
aboriginals’. Under this provision if an aboriginal raiyat desires to
transfer holding or any portion thereof by private sale, gift or will to
any person who is not such as aboriginal, he may apply to the Revenue
Officer for permission in that behalf and the Revenue Officer may pass such
order on the application as he thinks fit. There are also restrictions for
mortgage of land of aboriginals. Rule 34 of the Rules promulgated in
exercise of powers under Chittgaong Hill Tracts Regulation, 1900 which
restricts “Settlement and Government khas land, Transfer, Partition and
Subletting”. It is provided that no ‘settlement of Government Khas Land
shall be made in the district of Chittagong Hill Tracts except in the
manner specified in clauses (a), (b), (c), (d), (e), (f) and (g). Section
64 of the Ains of 1989 prohibits sale, lease, settlement or otherwise
transfer of lands of three hill districts without prior permission of the
Hill District Parishads. .....Wagachara Tea Estate Ltd =VS= Muhammad Abu
Taher, (Civil), 2017 (2)– [3 LM (AD) 478]
....View Full Judgment
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Wagachara Tea Estate Ltd =VS= Muhammad Abu Taher |
3 LM (AD) 478 |