Land Survey Tribunal in Bangladesh | Jurisdiction, Powers, Scope, Appeals| A Complete Overview

Land Survey Tribunal in Bangladesh | Jurisdiction, Powers, Scope, Appeals| A Complete Overview

Land Survey Tribunal in Bangladesh | Jurisdiction, Powers, Scope, Appeals| A Complete Overview

Tahmidur Rahman, Senior Assoicate, Counsels Law Partners

6 Aug 2019

This article provides an overview of the authority and jurisdiction of the Land Survey Tribunal in Bangladesh, it’s powers, scope and appeals. Nonetheless, before explaining the powers and procedures of the Land Survey Tribunal, it is important to know exactly what the Land Survey Tribunal is all about.

What is Land Survey Tribunal in Bangladesh? 

 

Section 145A-145I of the State Acquisition and Tenancy Act (SAT) was added to Section 2 of the State Acquisition and Tenancy Act 2004. Through adding this portion, the legislature has created a special platform and an alternative way for the civil court to correct the record of rights in the summary proceedings. Section 145A(1) of the SAT Act provides that the Government can set up special courts specially set up for the purpose of deciding disputes arising from the final publication of the last revised record of rights. The Government has already formed a tribunal called the Land Survey Tribunal pursuant to Section 145A(1) in almost all districts of the country. (Land Survey Tribunal in Bangladesh)

Section 145 D of this chapter sets out the powers and procedures of the Tribunal, provided that the Land Survey Tribunal or the Land Survey Appeals Tribunal exercise the powers and obey the procedure laid down in the Code of Civil Procedure 1908.

Section 145(1) specifies that’ the Government can, by notice in the Official Gazette, lay down rules for the purposes of this Article.’ Nevertheless, this provision has yet to be made by the Government, although it is vitally important to continue the proceedings of the Tribunals smoothly and to ensure justice in the cases brought before the Tribunals.

Record of Rights in Land Law of Bangladesh:

The word record of rights, sometimes referred to as “Khatian,” is simply a survey of the record of rights that people have on land.

Ownership and use of a specific parcel of land can be ascertained and assured if the land records are kept and the laws governing land relations are written. Land records establish the state of ownership and property rights. In land deals analysis of land records, it is important to decide who the actual owner is. Over time, the “Rule” established to govern land relations has centered on classifying people using land according to the categories of ownership and the reason for which they use land.

Record of Right is a land record in which all sorts of rights and obligations in respect of each piece of land are recorded.

 

 

 

Procedure of Change of Rights in Bangladesh Land Law:

 

Any person who acquires, by descent, survivorship, inheritance, division, purchase of a mortgage, gift, lease or otherwise, any right as holder, occupant, owner, mortgagee, land lord, government lessee or tenant of the property, shall have the duty, within three months from the date of such acquisition, to submit in writing to Talathi his acquisition of that right.

 

Rewriting Record of Rights in Bangladesh:

 

Entries made in the record of rights are believed to be valid until the contrary has been established. Where the inference is contradicted by proof, the importance of the entry in the Record of Right is not evidentiary.

The person who poses a question as to the incorrectness of the entry to the legal record must prove his claims. The records in the correct database, registered mutations, etc. are evidence of the fact recorded in the act, although there is no conclusive evidence.

 

Jurisdiction of the Land Survey Tribunal in Bangladesh 

he Land Survey Tribunal was formed to correct only the most recent updated record of rights. Section 145A(1) of the SAT Act provides that such court shall have jurisdiction in respect of such cases only as a result of the final publication of the’ last amended record or privileges,’ i.e. BS / BRS / RS, Dhaka City of Jorip Khatian. Therefore, only the last record of rights can be changed by the Land Survey Tribunal. (Land Survey Tribunal in Bangladesh)

 

“Counsels Law Partners is Considered as one of the leading firms in Property Law in Dhaka, Bangladesh”

Carpe Noctem Bangladesh

Powers of Land Survey  Tribunal in Bangladesh

 

In the first place, the applicant challenges the record of law in the Land Survey Tribunal. The Land Survey Tribunal may, upon request, declare that the record under appeal is incorrect and direct the office concerned to correct the record in compliance with its decision; and that court may also issue any further order as may be appropriate. Each order of the Tribunal must first state that the record is incorrect and then provide another order for the record to be corrected in accordance with that declaration.

 

Process of Appeal to the Land Survey Tribunal:

Pursuant to the provision set out in Section145B(5) of this chapter, any person aggrieved by a decision of the Land Survey Tribunal may prefer an appeal to the Land Survey Appeals Tribunal within three months from the date of that decision. Section 145B(6) further specifies that an appeal may also be issued within the next three months, even after the expiry of the time limit set out in subsection (5), if the Land Survey Appellate Tribunal is satisfied with the grounds for delay set out by the appellant.

 

The Tribunals shall, on a regular basis, pass judgment, decree and order in the cases which they have tried. In accordance with the provisions laid down in Section 145B(1), the Appellate Tribunals were to be set up to hear the appeals arising out of the judgment, order or order handed down by the Tribunals.

How ‘Tahmidur Rahman & Counsels Law Partners Associates’ can help the purchaser or owner of any land in Bangladesh:

 

The Barristers, Advocates, and lawyers at CLP in Gulshan, Dhaka, Bangladesh are highly experienced at assisting clients in dealing with correction of record-of-rights at the Land Survey Tribunal. For queries or legal assistance, please reach us at:

E-mail: [email protected]
Phone: +8801727983838
Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka. (Land Survey Tribunal in Bangladesh)

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Maritime Laws of Bangladesh | Admiralty & Ship Arrest

Maritime Laws of Bangladesh | Admiralty & Ship Arrest

Maritime Laws of Bangladesh | Admiralty & Ship Arrest | A complete overview of Admiralty Law in Bangladesh

Tahmidur Rahman, Senior Associate, Counsels Law Partners

12 Aug 2019

This post in details will explain Maritime Laws of Bangladesh | Admiralty & Ship Arrest, and Everything about Admiralty and Maritime law in Bangladesh that you need to know and be aware of.

 

What is Maritime or Admiralty Law? 

Maritime or Admiralty law deals with marine issues and private maritime disputes. The Chief Marine Officer Law Office consists of both national law on naval operations and private international law governing against independent individuals and ocean-going ships working or eating. While each legitimate locale usually has its own enactment overseeing maritime issues, significant advances in universal maritime law, including various multilateral treaties, may be recognized by the Law of the Sea, which is a group of open global laws managing navigational rights, mineral rights, waterfront jurisdiction, and maritime links between countries.The United Nations Convention on the Law of the Sea (UNCLOS) was adopted by 167 countries and the European Union, and discussions are settled at the ITLOS court in Hamburg. 

Maritime or Admiralty Law in Bangladesh

 

The Admiralty Law of the Country is mainly governed by Admiralty Act of 2000. The law on admiralty and maritime affairs can be traced back to the Law of the Admiralty Courts of 1840. The Act was subsequently drawn up by the Admiralty Court Act, 1861, the Courts of Admiralty Act, 1891 and the Admiralty Rules of 1912. Now in Bangladesh, the Admiralty Courts Act 2000 deals with all issues related to Admiralty. (Maritime Laws of Bangladesh | Admiralty & Ship Arrest)

Admiralty Court in Bangladesh

The High Court Division of Supreme Court of Bangladesh has an original jurisdiction to deal with the cases of admiralty. It extends to ships or vesselsanchored at any port of Bangladeshi. 

The Admiralty Court shall have jurisdiction in regards to Maritime Laws of Bangladesh | Admiralty & Ship Arrest | to hear and determine any question or claim in relation to:

  • (a) the possession or ownership of a ship;
  • (b) any question raised by the co-owners of a ship as to the possession, employment or income of that ship;
  • (c) any claim in respect of a mortgage or charge on a ship or any share thereof;
  • (d) any claim for damages made by a ship;
  • (e) any claim for damages made by a ship;
  • (f) any claim for loss of life or personal injury sustained in consequence of any defect in a ship
  • (g) any claim for loss of or damage to goods carried in a ship;
  • (h) any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship;
  • (i)  any claim in the nature of salvage of life from a ship
  • (j) any claim in respect of towage of a ship or an aircraft;
  • (k) any claim for forfeiture or condemnation of a ship or of goods

     

     

Mode of exercise:

The admiralty jurisdiction of High Court Divisionmay be exercised in personamandaction in rem with some conditions.The Admiralty Jurisdiction of the High Court Division as the Court of Admiralty may be exercised through an action in rem against the ship, aircraft or property.

Institution of Suit :An action or a suit before the High Court Division shall be instituted by a plaint drawn up, subscribed and verified  according to the Code of Civil Procedure, 1908. As per section 7 of Admiralty Act 2000, the maximum court fee for Admiralty suits is Taka.1, 00,000 (One Lac), except the claims by the master or seamen for wages earned on board. (Maritime Laws of Bangladesh | Admiralty & Ship Arrest)

 

Overview of Ship Arrest in Bangladesh

 

Bangladesh is one of the most advantageous arrest jurisdictions for reasons such as, for example, Bangladesh is not a signatory to any arrest convention, the ship can be arrested in rem, the vessel can be arrested in person, the ship can be arrested for security, the ship can be attached even after the loss of navigability, the ship can be arrested for maritime ties as well as for maritime claims.

 

P & I club LIU / LOI is not accepted for release of the vessel and the vessel is released upon furnishing of the bank guarantee. The High Court Division of the Supreme Court of Bangladesh exercises Admiralty Jurisdiction under the Law of the Admiralty Court, 2000 and the Rules of Admiralty, 1912. Admiralty Rules provide that a warrant for the arrest of property may be issued in the case of either the plaintiff or the defendant at any time after the suit has been brought, but no warrant for the arrest shall be issued until an affidavit has been filed by the party or its agent and the following provisions have been complied with:-

 

  1. The affidavit shall state the name and description of the party at whose instance the warrant to be issued, the nature of claim or counter-claim, the name and nature of the property to be arrested, and that the claim or counter-claim has not been satisfied.
  2. In a suit of distribution of salvage the affidavit shall state the amount of the salvage money awarded or agreed to be accepted, and the name, address and description of the party holding the same

(Maritime Laws of Bangladesh | Admiralty & Ship Arrest)

Process of Application for Arrest of Ship in Bangladesh

 

In order to file an application for the arrest of a ship, the applicant must initiate a suit by paying Tk. 1.00000.00 as the fee of the Court. In a suit for wages Tk is charged by the Court. 100.00 is required to be paid for. The plaint along with the documents is to be filed in the section / office of the Court and the application for arrest of the ship is filed in the Court. Usually, the application comes up in the Daily Cause List of the court on the following working day. However, if the Court is satisfied with urgency of the matter it prepares a supplementary cause list and hears the matter on the same day. If prima facie case in made out in support of the claim the Court Admits the suit and directs issuance of summons. Thereafter, the application for arrest is heard and if the court is prima facie satisfied about the merit of the application it passes an order for arrest of the ship for security of the claim amount. An application for arrest of ship is heard ex-parte unless a caveat has been filed by the defendants. The order for arrest of ship is served upon the defendants by the Marshal of the Court on receipt of fee and charge paid by the claimant. Likewise, cargo on board or any property belonging to any party can also be arrested by the Admiralty Court.

 

How ‘Tahmidur Rahman & Counsels Law Partners Associates’ helps in regards to Admiralty related issues in Bangladesh

 

Tahmidur Rahman-“Counsels Law Partners handle a wide range of wet shipping issues in the ports of Dhaka, Chittagong and Khulna for both domestic and global customers, including ship owners, ship agents, P&I clubs, lenders, charterers and freight intrigues, together with their safety net providers. In addition, the company discussed the exchange of affiliations and different suppliers of freight forwarders to the maritime administrations. The firm has dealt with a range of load debates, including various issues, such as mass oil, grain and containerized products. In addition, the firm has some expertise in adjacent maritime links and universal expressions and laws. (Maritime Laws of Bangladesh | Admiralty & Ship Arrest)”

 

“Counsels Law Partners is Considered as one of the leading Maritime Shipping Law Firm in Dhaka, Bangladesh”

Carpe Noctem Bangladesh

Revocation of Order of Ship Arrest in Bangladesh

The arrest warrant may be vacated by the same court on the basis of an application filed by the defendant on the ground that the ship was wrongly arrested and the defendants may also file an application for a reduction in the quantity of safety, but hearing such an application takes 1 or 2 weeks. This kind of application is not generally advised when the ship is in a hurry. A ship shall be released from arrest on the deposit of the amount of the claim in the Court or on the furnishing of a local bank guarantee. The P&I Club LOU is not accepted in Bangladesh. Upon release of the ship upon furnishing of the bank guarantee, an application for a reduction of the bank guarantee may also be moved by the defendants, and, if allowed, a revised Bank guarantee would be furnished. The release order is also served by the Marshal upon receipt of Marshal’s  fee.

If the ship has not gotten released by the defendants, the plaintiff can pray for sale of the ship pendente lite and the Court sells the ship through auction and keeps the proceeds with the Marshal which is paid to the plaintiff if the suit is decreed in his favour. If there is more than one claimant and the proceeds cannot satisfy the claims, the Court applies the English Law of priorities. (Maritime Laws of Bangladesh | Admiralty & Ship Arrest)

International Conventions Applicable to Bangladesh Maritime Law

Neither the International Convention relating to Arrest of Seagoing Ship 1952 nor the International Convention of the Arrest of Ships1999 have been ratified by Bangladesh.

Other ways to arrest a ship in Bangladesh Jurisdiction of Admiralty Law

The ship may also be arrested by the applicant in the event of an order passed by the High Court Division or a judgment handed down by a foreign court against the owner of the ship. A ship may also be attached to a suit in person before a judgment is made. A ship may be attached to a suit in rem if it is beached for scrap before the suit is put in place. Under the Bangladesh Merchant Shipping Ordinance (MSO) 1983, the Principal Officer of the Mercantile Marine Department may detain an unseaworthy vessel. Under the MSO, the High Court Division may detain a foreign ship for damages caused in any part of the word to the Government of Bangladesh or any Bangladeshi citizen or company and to the Principal Officer or Collector of Customs can detain a ship before such application has been made to the High Court Division. Under the Regulations for Working of Chittagong Port (Cargo and Container) 2001the Chittagong Port Authority can detain a vessel until security has been given for the amount of damage caused and the Cost involved in removing the blockade of navigational channel or the total amount is paid.

Are there any alternatives e.g. saisie conservatoire or freezing order in Bangladesh Maritime Law?

There is no separate freezing order other than arrest of a ship in an Admiralty proceeding or in an execution proceeding to enforce a decree. However, an application for injunction to restrain a party from scrapping or removing a vessel can be passed by the Court.

 

Claims through which you can arrest a ship in Bangladesh according to Bangladesh Maritime Law:

 

A ship may be arrested in an action for any of the following claims:

 

  • Any claim to the possession or ownership of a ship or to the ownership of any share or to the collection of documents of title and ownership of a ship, including a certificate of registration, a log book and the certificates that may be necessary for the operation or navigation of a ship;
  • Any question arising between the co-owners of a ship as to possession, employment or income of that ship;
  • Any claim in respect of a mortgage of or charge on a ship or any share therein;
  • Any claim for damage done by a ship;
  • Any claim for damage received by a ship;
  • Any claim for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or equipment, or of the wrongful act, neglect or default of the owners, charterer or persons in possession or control of a ship or of the master or crew thereof or any other persons for whose wrongful acts, neglects or defaults the owners, charterers or persons in possession or control of ship are responsible, being an act, neglect or default in the navigation or management of the ship, in the loading, carriage or discharge of goods on, in or from the ship or in the embarkation, carriage or disembarkation of persons on, in or from the ship;
  • Any claim for loss of or damage to goods carried in a ship;
  • Any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship;
  • Any claim in the nature of salvage of life from a ship or cargo or any property on board a ship or the ship itself or its apparel, whether services were rendered on the high sea or within territorial waters or inland waters or in a port, including any claim arising by virtue of the application by or under section 12 of the Civil Aviation Ordinance, 1960, (Ordinance XXXII of 1960) of the law relation to salvage to aircraft and their apparel and cargo;
  • Any claim in respect of towage of a ship or an aircraft;
  • Any claim in respect of pilotage of a ship or an aircraft;
  • Any claim in respect of goods or materials supplied to a ship for her operation or maintenance;
  • Any claim in respect of construction, repair or equipment of a ship or dock charges or dues;
  • Any claim for wages by a master or member of the crew of a ship or any claim for any money or property recoverable as wages of master or member of the crew under the Merchant Shipping Ordinance, 1983, or in the Court;
  • Any claim for disbursements made on account of or for the purpose of a ship by the Master, shipper, charterer or agent of the ship;
  • Any claim arising out of an act which is or is claimed to be a general average act;
  • Any claim arising out of bottomry or respondentia;
  • Any claim for forfeiture or condemnation of a ship or of goods which are being or have been carried, or have been attempted to be carried, or for the restoration of a ship or any such goods  after seizure, or for droits of admiralty together with any other jurisdiction to grant reliefs as are provided under the provisions of the Merchant Shipping Ordinance.

Is a ship arrest possible without discriminating its flag?

 

Any ship could be arrested irrespective of its flag if it’s within the jurisdiction of Bangladesh Admiralty or Bangladesh Maritime Law. (Maritime Laws of Bangladesh | Admiralty & Ship Arrest)

Is a ship arrest possible irrespectively of the debtor?

 

As long as the claim gives rise to an action  in rem, even if the ship belongs to a Foreign State the ship  would be arrested. But the ships belonging to the Government of Bangladesh, Bangladesh Army, Bangladesh Navy, Bangladesh Air Force, Bangladesh Rifles, Bangladesh Police and Coast Guard are indemnified.

 

 Can a Sister ship or a ship in association be arrested in Bangladesh according to the Maritime law?

A sister ship can be arrested. But a ship in associated ownership (sister company ship) cannot be arrested.

 

Can Bareboat and Time-Chartered vessels be arrested according to Bangladesh Maritime Law?

If the ship is on bareboat charter, it can be arrested and if it is on time charter it cannot be subjected to  arrest.

Does Bangladesh Maritime Court require counter-security in order to arrest a ship?

Counter-security is not required to be provided at the time the Court orders a ship to be arrested. However, the Code of Civil Procedure provides that where, at any stage of the case, it appears to the Court that the sole plaintiff is, or (where there are more than one plaintiff) that all the plaintiffs reside outside Bangladesh and that the plaintiff is not, or that none of the plaintiffs possesses, in Bangladesh, sufficient immovable property other than the property in suit, the Court may, either of its own  motion or on the application of any defendant, order the plaintiff or plaintiffs, within a time fixed by it, to     give security for the payment of all costs incurred and likely to be incurred by any defendant.

 

Is there any difference in respect to arresting a ship for a maritime claim and a maritime lien accoring to the Maritime Law in Bangladesh?

 

If the plaintiff’s claim is a maritime lien, the claim survives notwithstanding the change in ownership of a ship and the ship can be subjected to arrest. If the claim is a maritime claim and not a maritime lien the ship cannot be arrested if, before filing of the suit, ownership of the ship has changed.

Does Bangladesh Maritime Law recognise maritime liens? Under which International Convention, if any?

 

Sections 477 and 478 of the MSO recognize maritime liens to the Seaman’s wages and the Master’s wages respectively. No other statute recognizes maritime liens. However, Court follows English law of maritime liens.

What lapse of time is required in order to arrest a ship from the moment the file arrives to Tahmidur Rahman| Counsels Law Partners?

 

After receipt of file/documents along with Power of Attorney, a minimum of 2 days or 48 hours are required to obtain an order of arrest.

Does the aggrieved party need to provide a POA (Power of Attorney) or any other documents of the claim to the Admiralty Court of Bangladesh?

Power of Attorney executed by the client, notarized and attested by the Bangladesh High Commission in   the plaintiff’s country is required to be filed along with other documents to prove the claim. But the Court permits to file suit by dint of the scanned copy of the Power of Attorney subject to filing the original after authentication by the Ministry of Foreign Affairs and payment of stamp duty.

What original documents are required? What documents can be filed electronically and what documents require notarisation and/or apostille? And, when are they needed?

 

All documents in support of the claim along with correspondence between the parties are required to be   filed at the time of filling the suit and application for arrest. Original documents are required to be filed at    the time of trial.

Will Bangladeshi Courts accept jurisdiction over the substantive claim once a vessel has been arrested?

 

Court usually accepts jurisdiction over the substantive claim once the vessel has been arrested. However, the Court may refrain from adjudicating the substantive claim if any agreement of jurisdiction stipulates for foreign jurisdiction. In case of pendency of maritime arbitration, court maintains the arrest order for the purpose of security and stays the substantive suit.

 

 

“All documents in support of the claim along with correspondence between the parties are required to be   filed at the time of filling the suit and application for arrest. Original documents are required to be filed at    the time of trial.” (Maritime Laws of Bangladesh | Admiralty & Ship Arrest)

Maritime and Admiralty Legal Services Offered by reputed law firms in Bangladesh like Counsels Law Partners

 

Prominent law firms in Dhaka Bangladesh regularly engage in maritime business to assist their clients with their extensive experience in the field of wet and dry shipping. Under Dry Delivery Work, the firm deals with disputes relating to contract of claims under marine protection or insurance policies, cargo or freight claims, capture of ships or arrest of ships, Ship registration, purchase and transfer of title and possession in Ships, Shipbuilding Contracts, Sale and Purchase of Second-hand Tonnage Contract, Arbitration in connection with various transport related Contracts The company spoke to the bearer, the shipper, the bank, the sailor and the director, the P & I Club and, furthermore, the owner of the ship at a high rate of achievement.  

Bangladesh Government urges overseas shipowners to enlist their vessels under the Bangladesh Flag. Government has established easy-going principles and guidelines for the advancement of shipping areas. CLP lawyer is in the process of providing assistance and advice and will help to avoid either litigation or infringements of state law to ensure the best possible outcome for their client and help ship owners to register their vessels with the Principal Officer-Mercantile Marine Department (POMMD), Chittagong through Bangladesh Inland Water and the BIWTA Transport Authority.

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Real Estate & Construction Law in Bangladesh – Rules & Regulations & Everything you need to know

Tahmidur Rahman, Senior Associate, Counsels Law Partners

20 Oct 2019

This post in will explain in details the Real Estate & Construction Law in Bangladesh | Law of Construction Matters | A complete overview of Real Estate in Bangladesh | Everything about property law that you need to know and be aware of with diagrams and infographics.

 

Real Estate Law in Bangladesh 

At first let’s break down what is real estate Bangladesh before diving down towards Real Estate & Construction Law in Bangladesh . It is important to understand that Real Estate is not the same thing as personal property, and should not be confused. Personal assets include intangible assets such as investments, as well as tangible assets such as furniture and fixtures such as a dishwasher. Even renters may also claim parts of a home as personal property, provided that you have purchased and installed the property with the permission of the lessor.

What is Real Estate? 

Real estate is a property composed of land and its houses, as well as the land’s natural resources, including uncultivated flora and fauna, farmed crops and livestock, soil, and any other mineral deposits. 

 

Real Estate in Bangladesh  

Real estate is both a tangible asset and an immovable form. Definitions of real property include ground, houses and other facilities, as well as the rights to use and enjoy the land and all its amenities. Renters and leaseholders may be entitled to possess land or structures that are considered part of their house, but these rights are not, strictly speaking, considered ownership. Hence:

 

  • Real estate is real, that is, physical, land-based property and everything on it, including houses, flora and fauna and natural resources.
  • Immovable properties have three basic categories: residential, commercial and industrial.
  • Residential real estate is less costly and more viable for individuals when it comes to finance, whereas commercial real estate is more profitable and secure.
  • As an investment, real estate offers income and capital appreciation.

Jurisdiction of Real Estate Law in Bangladesh

Real Estate Development and Management Act 2010 is the authoritative act in regards to Real Estate Law in Bangladesh. In the act Section 2 explains the registration process of Real Estate Developers and their due responsibilities. (Real Estate & Construction Law in Bangladesh )

 

Registration Requirements for Real Estate Developers in Bangladesh 

If someone wants to enter the real estate market in Bangladesh for commercial purposes, the act specifies that he or she will have to submit the following documentation for registration with the agency concerned.

  • Trade License
  • Tax Identification Number (TIN)
  • VAT Registration Number
  • Credentials of experts in your company
  • Memorandum of Association, Article of Association and Certificate of Incorporation
  • REHAB Membership Registration Copy

Buying, Selling, Transferring of Real Estate in Bangladesh

Real Estate Development and Management Act 2010 is the authoritative act in regards to Buying, Selling, Transferring of Real Estate in Bangladesh Real Estate Law in Bangladesh. In the act Section 3 explains the registration of buying, selling and transferring process of Real Estate Developers and their due responsibilities. The buyer or seller can not adjust the quoted price as set out in the deal. The sum can, however, be changed later if the parties agree to jointly use better materials for the land. First, in no longer than three months, the owner will sign over the land, registry and principal deed. Additionally, if the property has any difference with respect to size or volume after sale, the price must be changed within three months of the transfer. So keep these things in mind when you buy a property next time in Bangladesh.

 All Landowners and Developers / Purchasers will not initiate or carry out construction work on the land project’s construction or development work without receiving design permission from the government’s appropriate authority such as RAJUK, CDA, KDA, RDA, etc.

“Counsels Law Partners is Considered as one of the leading firms in Property Law and Real Estate Law Firm in Dhaka, Bangladesh”

Carpe Noctem Bangladesh

The Property Contract in Real Estate Law of Bangladesh 

For a general landlord in Bangladeh, there has to be a legal property contract for any trade. Again it’s a common thing, too. As a homeowner, he or she will obtain for his / her possession a specific portion of the apartment building. But, if the owner wants to auction off his share’s apartments, he will have to enforce an attorney’s power and give the developer the right to sell his share of the house. Instead, as a proprietor of his new apartment, he is allowed by the owner to receive one year of maintenance facility. Additionally, if any errors arise within two years of the handover, the contractor must repair the damage from their wallet.

 

Real Estate Law For Developers in Bangladesh 

Real Estate Developers have to be committed towards the enhancement and growth of the Real Estate Sector of Bangladesh. If they recognize that for sustainable long term growth of this sector, they must conduct their business with a great proficiency, equality, honesty and ethics. Out of the all the parties in the market, a real estate developer has to deal with clause VI. B of the Memorandum and Articles of Association of the Real Estate Housing Association of Bangladesh incorporated under the companies ACT, 1913 (new 1994) the most. Rules and regulations are much rigorous for the real estate developers. For example, if you want to enter the market for commercial purpose, you will have to produce the following documents as stated above to the concerned authority for registration.

How ‘Tahmidur Rahman & Counsels Law Partners Associates’ helps the purchaser of any land in Bangladesh:

Tahmidur Rahman- Counsels Law Partners, Law Firm in Dhaka assists buyers, financiers, shareholders, developers on their land-related matters like property due diligence (domain identification, encumbrance check, ground limit, permissive land usage, building development) related to ownership and occupancy, lease, stamping and registration of papers, zoning and permissible use of lands, essential ambitions.

 Legal Services Offered by Firms in Regards to Real Estate in Bangladesh

 

 

Drafting, look over & negotiating various property documents.

Legal opinion by vetting all property related documents.

Transaction support for all types of real estate schemes including due diligence and title search.

Arbitration and Litigation relating to property related disputes.

Assist and Advice on issues relating to stamp duty and registration.

Advice on matters relating to land tenures including agricultural land issues

Foreign Direct Investment in real estate.

Drafting and reviewing contract

Negotiating and litigating landlord/tenant disputes by serving Legal Notice.

 

Our real estate lawyers department has extensive experience in Bangladesh on different types of real estate ventures. Our main specialist areas cover acquisitions and divestments, selling, investments and other real estate and real estate transfers; legal aspects of residential property and landlord issues; landlords’, renters’ and homeowners ‘ privileges; real estate title; resolution of property rights claims; cost-sharing arrangements with investors and shareholders, growth and expansion financing etc.

Team Tahmidur Rahman | Counsels Law Partners additionally draws on the experience of the Business Law Practice in its practice of Real Estate & Construction Law in Bangladesh . We give guidance on organizing land co-speculation or joint venture project, raising capital, setting up a suitable business vehicle and verified loaning. CLP team assure their client rapidly assemble a multi-disciplinary group of experienced business real estate specialists to address a diverse range of real property needs.

 

 

“For a general landlord in Bangladeh, there has to be a legal property contract for any trade. Again it’s a common thing, too. As a homeowner, he or she will obtain for his / her possession a specific portion of the apartment building. But, if the owner wants to auction off his share’s apartments, he will have to enforce an attorney’s power and give the developer the right to sell his share of the house.”

 

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Employee Rights & Labour Law in Bangladesh – All you need to know about Employment Law 

Tahmidur Rahman, Senior Associate, Counsels Law Partners

2 Oct 2019

This post in will explain in details the Employee Rights & Labour Law in Bangladesh| Labour & Workers Law in Bangladesh| Everything about Employment law that you need to know and be aware of.

Labour/Workers in Bangladesh 

With a population of 168.1 million people, Bangladesh has a huge and cheap workforce of about 90 million, consisting of 60 million agricultural jobs (growing at one percent per year) and 30 million non-agricultural jobs (growing at six percent per annum). Industrial jobs fall mostly within non-agricultural work. All employers are required to follow federal labor laws that prescribe conditions of employment, working hours, salary levels, leave policies, health and health conditions, and insurance for injured workers. Bangladesh constitution guarantees freedom of association and the right to join unions in it’s jurisdiction of Employee Rights & Labour Law in Bangladesh.  

 

Bangladesh’s employment law is regulated by the 2006 Labor Act (“Act”) and the 2015 Labor Rules (“Rules”). The Act and Rules apply to employees (laborers) working in commercial and industrial enterprises. The laws and regulations prescribe working hours, weekly vacations, annual leave, medical leave. It also uses the company’s profits for gratuity benefits, provident funds and participation. 

 

 

Types of Workers in Bangladesh 

 

Workers employed in any institution are graded according to the type and condition of their work in any of the following classes: (a) Apprentice, (b) Substitute / Badli, (c) Casual, (d) Temporary, (e) Probationer, (f) Permanent and (g) Seasonal.

 

  1. Apprentice: As a trainee + Paid allowance only
  2. Substitute/ Badli: In the post of a permanent Worker or of a probation worker
  3. Casual: Casual in nature
  4. Temporary: Temporary in nature + finished within a limited period
  5. Probationer: In a permanent post + the period of his probation
  6. Permanent: He has completed the period of his probation
  7. Seasonal: Any work season and remain in employment up to the end of the season 

Conditions of Employment   

 

It is given in the 2006 Bangladesh Labor Act that any establishment may have its own service rule, but the service rule must include all the regulations specified in the Act.
The service rule will then have to be presented to the Chief Inspector. He must accept it if no change is made within 90 days of receipt.
If he does not agree, however, the aggrieved person can pursue an appeal within 30 days to the Court. The Government will then dispose of such an appeal within 45 days and the Government’s order will be final.  

 RECRUITMENT in Bangladesh (Employee Rights & Labour Law in Bangladesh): 

 No employer shall hire any worker without giving a letter of appointment to such worker and a photo identity card shall be given to each such employed worker.

 

“Counsels Law Parnters is Considered as one of the leading firms in Labour Law in Dhaka, Bangladesh”

Carpe Noctem Bangladesh

Working Hours in Bangladesh Labour Law 

 

Some labor law regimes require legislative working time limits. Originally, it was intended to enforce hour limits to ensure a safe and healthy working environment and sufficient rest or leisure time between shifts. However, over the past century, hour limits have become increasingly seen as a way to advance the additional policy objectives of allowing workers to balance their paid work with their family responsibilities and other aspects of their lives, promoting productivity and reducing unemployment. In our country, the 2006 Labor Act lists the daily and weekly basis of working hours, with the overtime hours and their payment.

 

Under the provisions of Employee Rights & Labour Law in Bangladesh, it is brought up the working hours of a worker, such as:

 

  1. Daily Working Hour: Up to 8 hours per day.
  2. Interval for Rest or Meal:

 

Shift exceeding 6 hours: 1-hour break

 

Shift of 5 hours: 30 minutes

 

Shift of 8 hours: i) Two 30 minutes break, or ii) One 1-hour break

 

  • Weekly Working Hour: Up to 48 hours per week.
  • Overtime: Up to 10 hours per day and 60 hours per week.

 

On average 56 hours per week.

 

For road transport workers, 150 hours of overtime per year.

 

  • Night Shift: A holiday for a whole day which means 24 hours break between each night shift has to be given.
  • Limitation for Women Workers: No shift from 10.00pm to 06.00am without the woman worker’s consent.
  • Restriction on Double Employment: Double employment is not allowed for any worker.

 

Daily Limit in regards to International Standards Labour Law

 

Daily working hour limits are a feature of Conventions Nos. 1 and 30, both of which provide for an 8-hour limit on normal hours. Convention No. 47 and Recommendation No. 116 do not provide for daily limits, the 40-hour week being considered an adequate guarantee of a working day of 8 hours or less[1]. Under the international standards, daily hours can be averaged within the 48-hour week, allowing the 8-hour limit to be extended to 9 hours in industry (Convention No. 1)19 and 10 hours in commerce (Convention No. 30).

 

The Labour Act, 2006: as per section 100, 8-hour day is the daily work limit but it may not exceed 10-hour day subject to the satisfaction of section 108.

 

• Wages in Bangladesh:

 

Wages’ means any remuneration expressed in terms of money or capable of being so expressed that, if the terms of employment, expressed or implied, were met, would be payable to a worker in respect of his or her employment or work performed in that job, and includes any other additional remuneration of the aforementioned nature that would be so payable but not included-

 

o The value of any house accommodation, supply of light, water, medical attendance or other amenity or of any service excluded by general or special order of the government,

 

o  Any contribution paid by the employer to any pension fund, provident fund,

 

o Any traveling allowance on the value of any traveling concession,

 

o Any sum paid to the worker to defray special expenses entitled on him by the nature of his employment;

 

Every worker’s wages shall be paid before the expiry of the seventh day after the last day of the payable wage period.
Where any worker’s employment is terminated by retirement or by the employer, whether by retrenchment, discharge, removal, dismissal or otherwise, the wages payable to him shall be paid before the expiry of the seventh working day from the day on which his employment is so terminated according to Employee Rights & Labour Law in Bangladesh.
All salary payments shall be made on a working day.

 

How ‘Tahmidur Rahman & Counsels Law Partners Associates’ helps the Employee/Employer according to Labour Law Provisions of Bangladesh

 

At Counsels Law Partners in Gulshan, Dhaka, Bangladesh, the barristers, lawyers and lawyers are highly experienced in dealing with labor disputes. It also has experience in consulting and assisting numerous international clients, in addition to handling various issues related to employment service among domestic clients on a regular basis.

For queries or legal assistance, please reach us at:

E-mail: [email protected]
Phone: +8801727983838
Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.

 

 

Leave and Holidays in Bangladesh Labour Law

The topic of’ Leaves and Holidays’ in labor law is relevant and also fundamental. Every employee usually with a holiday is entitled to the following leaves:

  • Weekly holy day
  • Personal leave
  • Sick leave
  • Festival leave
  • Annual leave and
  • Maternity leave with full pay as per the Maternity Benefit Act of 1939 (now abrogated). 

Casual Leave in Bangladesh:

 

Casual leave eligibility is created by circumstances such as sudden illness, minor accidents, urgent purposes. It should be obtained on prior application, unless the urgency prevents such application from being made. Section 115 of the Labor Act, 2006, allows for casual leave. It is given for ten days in a year with maximum wages and will not be carried forward into the next year.

Sick Leave in Bangladesh:

With lieu of a medical certificate sick leave is usually used. Under Section 116 of the Labor Act, 2006 No such leave shall be allowed unless a registered medical practitioner appointed by the employer or, unless such medical practitioner is appointed by the employer, after review, any other registered medical practitioner certifies that the worker is ill and needs sick leave for cure or care for such time as may be specified by the employer. These leave shall not accumulate and be carried forward into the next year. Over fourteen days in a calendar year, any worker other than a newspaper worker shall be entitled to sick leave with full wages.

The Factories Act, 1965 Sub-Section (2) of Sections 80 Provides as follows:
Every worker shall be entitled to fourteen days ‘ sick leave on half-average wages in a year.

Again, Section 16 of the Shops and Establishments Act, 1965 says that Every worker shall be entitled to sick leave With full wages for a total period of fourteen days in a year; if such leave not availed of by any worker during a calendar year may be carried forward, but the total accumulation of such leave shall not exceed twenty-eight days at any one time.

 Annual Leave with wages in Bangladesh:

Labor Act 2006 section 117 deals with annual leave. A worker who completes one year of continuous service at an institution is usually allowed to leave with Wages for a number of days measured at a certain rate during the corresponding span of twelve months. The rate for adults usually is:

 

(a) in case of a shop or commercial or industrial establishment or factory or road transport service, for every eighteen days of work ;

(b) In the case of tea plantation, for every twenty two days of work;

(c) In case of a newspaper worker, for every eleven days of work performed by him during the previous period of twelve months.

Termination process of employees in Bangladesh

 

Employment termination process can be performed by either the employer or the worker. The employer and the worker each have separate job termination process procedures under the Labor Act 2006.

Termination by dismissal in Bangladesh

 

If either an employee is found to be: Convicted of any offence; or
Guilty of such crimes as stealing, bribe giving and taking, fraud, deliberate disobedience etc.

Employer can terminate the employee in lieu of a notice without warning or without pay. The boss, however, always has the option of offering less penalty instead of dismissal for more behaviour.

What is the procedure of penalising an employee  in Bangladesh?

 

The employer can not fire or discipline an employee for his misconduct unless:
♢ The charges brought against him are reported in writing;
♢ A copy of the accusation shall be given, and a duration of at least seven days to explain;
♢ He is given a chance to be heard;
A committee shall then be created for the investigation in this regards. The commission will complete its inquiry within 60 (sixty) days. The order of dismissal will be accepted, after having sufficient evidence. If, upon investigation, the allegation against the worker is not proven, he shall be considered to have been in service during the time of suspension and his wages shall be charged for that time with the modification of the subsistence allowance already charged.

Termination by Retrenchment in Bangladesh

 

An employer could be retrenching an en employee on retirement grounds from the operation of any institution. If any worker has been in continuous service under an employer for at least 1 (one) year, in the case of such worker being retrenched, the employer shall:

◙ Offer him 1 (one) month’s notice in writing specifying the reasons for his withdrawal, or pay him salaries for the duration of notice in lieu of such notice;
◙ Give a copy of that notice, if any, to the Chief Inspector or any other officer specified by him, and another copy to the establishment’s collective bargaining agent;
◙ Pay him as reimbursement 30 (thirty) days’ salaries in excess of his annual service or gratuity, if any, whichever is greater.

Lay-off termination in Bangladesh Labour Law


An employer that, at any moment, in the event of a fire, a sudden disaster, an epidemic (like the Coronavirus pandemic/Covid 19 pandemic) a breakdown of machinery, a power shutdown, epidemics, wide-spread riots or any other cause outside his control, stop any section or section of his establishment, wholly or in part, for such duration as the cause of such shutdown remains. In such a case where the duration of work stoppage reaches 3 (three) working days, the workers concerned shall be laid off. 

What if, the lay off period is more than 45 days  in Bangladesh?

It should be remembered that during any calendar year, no worker shall be entitled to pay compensation in the event of a laid-off for more than 45 (forty-five) days.
However, if, within a calendar year, any worker is laid-off for more than 45 (forty-five) days, whether continuously or intermittently and after the expiry of those 45 (forty-five) days, the lay-off period shall be extended for an additional 15 (fifteen) days or more, the worker shall be paid for each subsequent lay-off period for 15 (fifteen) days or more. The pay sum for an extension of 15days shall be equal to one-fourth of the total basic wages and dearness allowance and ad hoc or temporary wages.

What are my rights to compensation as a laid-off employee/worker?

Whenever a worker, other than a replacement or casual worker, whose name is on an establishment’s muster-rolls and who has completed at least 1 (one) year of service under the employer is laid off, the employer shall pay compensation to him for all the days on which he is so laid off, except for weekly holidays.

 

What would be the amount of compensation for laid off workers?

The amount of compensation for a worker other than a replacement or temporary worker shall be equivalent to half of the overall regular wages and dearness allowance and, if any, ad-hoc or transitional wages, and equivalent to the maximum amount of housing allowance that would have been payable to him had he not been so laid-off. Nevertheless, if a substitute worker whose name is on an institution’s muster-rolls has completed one year of continuous service at the institution, he would not in this case be considered as a substitute worker.

Termination by Discharge in Bangladeshi Labour Law

For reasons of physical or mental incapacity or continuing ill health, a worker may be discharged from service, approved by a licensed medical practitioner.
If a worker who is discharged completes at least one year of continuous service, the employer shall pay, as compensation, 30 (thirty) days’ wages for each year of service, or gratuity, if payable, whichever is greater.

Termination by Notice in Bangladesh

An job can also be terminated by providing a notice to the employer. The time frame for the warning, however, defers depending on whether the employee is permanent or temporary.

Termination by notice for Permanent Workers:

The written notice must be given on:
120 (one hundred and twenty) days, if he is a respected worker every month;
In the case of other workers 60 (sixty) days.
Upon paying the fee an job of a permanent worker can be terminated by notice. The employer’s rate of compensation shall be at the rate of 30 (thirty) days’ wages for each completed year of service or gratuity, where payable, whichever is higher. The salary shall be in addition to any other benefit payable to such employee.

Termination by notice for Temporary Workers:

The written notice must be given on:

30 (Thirty) days, if he is a skilled worker per month;
14 (14) days, in the case of other jobs.

At the other hand, it is possible to fire an employee without warning by paying the salary of the worker for the notice period instead of the notice as specified for permanent and temporary employee.

Termination of employment by the workers or employee themselves in the  Labour Law of Bangladesh

Employees may terminate their employment by notifying employers. The time period for the warning varies, however, depending on whether the employee is a permanent or temporary employee.

Permanent Employees terminating their employment:

A permanent worker can terminate his service by giving written notice of 60 (sixty) days to the employer. Where a permanent worker withdraws his job by presenting the warning, compensation to the employer shall be paid.
Temporary Employees terminating their employment:

A temporary worker can terminate his job by notifying the employer in writing of:
30 (Thirty) days, if he is a skilled worker per month;
14 (14) days, in the case of other jobs.

Employee resigning without notice in Bangladesh:

A worker may resign without notice from his / her job. The worker can only do so by paying the employer for the notice period an sum equal to the salaries.

Employee absent from work without notice in Bangladesh:

If a worker remains absent without warning or consent for more than 10 (ten) days, the employer shall enquire about the absence from him through a notice. The notice should ask to justify why he is missing, and to resume the service within 10 ( ten) days. The employer shall send him another 7 ( seven) days in which to defend himself if he fails to provide any written statement or enter the service within the prescribed time. If the worker does not resume the service or protect himself then he shall be considered to have been released from service on and from the date of such absence.

 

 

Maternity Benefit/Maternity Leave in Bangladesh

 

In the last few years there has been a significant increase over women’s participation in Bangladesh’s workforce. Women workers currently account for one-fourth, that is, 12.1 million, of Bangladesh’s total workforce of 49.5 million. Important legal changes have also been implemented through the introduction of the Labor Act, 2006, which eliminates some ambiguities in the existing, diverse labor laws and amends occupational safety issues such as maternity benefits, health and hygiene, injury compensation, etc. 

The Labor Act, 2006 repeals three previous Maternity Benefit Acts-The Maternity Benefit Act, 1939, The Mines Maternity Benefit Act, 1941 and The Maternity Benefit (Tea Estate) Act, 1950 and combines almost all of the provisions of these Acts in Chapter IV. Section 2(xxxiv) of the Act describes maternity benefit as the sum of money payable to a woman under Chapter IV;
Section 45(1) of the Act prohibits an employer from employing a woman for the eight weeks immediately after the day of delivery. Section 45(2) prohibits a woman employee from working in any establishment for the eight weeks immediately after the day of delivery.

Section 45(2) forbids a woman employee from serving in any institution for the eight weeks immediately following the day on which she was born. Section 45(3) prohibits the use of any woman for some arduous work if she is likely to be delivered from a child within 10 weeks or if she has been delivered from a child within 10 weeks.
In Section 46 of the Labor Act provisions have been made for maternity leave of 16 weeks (8 weeks before and 8 weeks after the delivery).It has also made the provision that this benefit shall only be available to workers who have served under the owner for a minimum period of6-months prior to the notice of the probability of the delivery.

 

Implementation of Maternity Benefit/Maternity Leave in Bangladesh

 

 

The main purpose of having 16 weeks maternity leave was to combat hunger and to ensure that the new generation grows to be physically and mentally much healthier[20]. It was also expected to help increase the productivity and motivation of working women. Nevertheless, the reality is that many women working in the private sector are unaware of their maternity-related rights, especially those in the garment industry and in low-paid labor-intensive jobs. In fact, most non-governmental organizations and ready-made textile companies don’t even give their female employees four months of leave.

 

For queries or legal assistance in regards to Bangladesh Labour Law, please reach us at:

E-mail: [email protected]
Phone: +8801727983838

 

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Document Registration in Bangladesh:

Registration means the correct recording or entering of certain details as provided by statute at the designated place of public records. Registration is basically a public record book. Principal Jurisdictions in regards to registration of documents (Heba Will Gift| Document Registration in Bangladesh)

in Bangladesh are-

 Other relevant authorities in regards to document registration in Bangladesh are-

 

Documents which requires Registration according to Bangladeshi Law 

 

Pursuant to Section 17 of the Registration Act, Section 17(1), Section 17(3) and Section 17A of the Act provide a list of documents to be registered. Section 17(2) provides a list of documents for which registration is optional. In accordance with Section 17 of the Registration Act, 1908, some of the documents required to be registered are as follows:  

a) Declaration of heba under the Muslim Personal Law (Shariat) As applicable since 1st  July 2005,

 

b) Declaration of gift under the Hindu, Christian and Buddhist Personal Law  

 

May I register any other documents which are not referred to in clause 17? 

Indeed, Section 18 of the Act allows any documents to be registered. This states that any document which is not necessary under section 17 may also be recorded under the Act.    

Instruments of gift of immoveable property 

 

  1. Instrument of mortgage referred to in section 59 of the Transfer of Property Act, 1882
  2. Leases of immoveable property from year to year, or for any term exceeding one year, or reserving a yearly rent,
  3. Instrument of partition of immovable property effected by persons upon inheritance according to their respective personal laws,
  4. Instrument of sale in pursuance of an order of the Court under section 96 of the State Acquisition and Tenancy Act, 1950,
  5. A Contract for Sale:  A contract for sale of any immovable property has to be in writing and registered. The document has to be presented for registration within 30 (Thirty) days from the date of execution of the contract. 

Documents which requires Registration:

 

Documents which do not need to be registered are as follows:

  1. Documents not expressly transferring property
  2. Documents not created any interest in immovable property
  3. Power of Attorney
  4. Agreement for Partition etc. 

 

What is the effect of Non-registration? Effects of Unregistered Documents in Bangladesh? 

 

 Paper, whose registration is compulsory unless exempted, has no effect. No title[ Pabitra Ranjan Roy vs Proshanta Talukdar and a further 14 MLR (2009) 69] will pass an unregistered deed. Section 49 of the Act deals with the consequence of failure to register. 

 

 What are the documents which are not mandatory for Registration in Bangladesh?

 

Documents which do not need to be registered are as follows:

 

  1. Documents not expressly transferring property
  2. Documents not created any interest in immovable property
  3. Power of Attorney
  4. Agreement for Partition etc.

 

Limitation Period for Registration of Documents in Bangladesh:

 

Registration of any paper except a will must be made within 3 (three) months from the date of its execution in compliance with the Registration Act, 1908. Nevertheless, a copy of a decree or order must be sent within 3 (three) months from the date on which the decree or order was made, or within 3 (three) months from the date on which it is final, if it is appealable.

 

Re-registration of Documents in Bangladesh:

A person who is not properly registered can present a registration document. Nevertheless, registration of such document will be invalid even though a Registrar or Sub-Registrar has approved it for registration. Nevertheless, the person duly approved to send the document can apply for re-registration within 4 (four) months. The registrar will then proceed to the document’s re-registration as if it had not already been registered.(Heba Will Gift| Document Registration in Bangladesh )

 

Place of Registration of Documents in Bangladesh:

 

Government set up Sub Registry Office in different parts of the country. Such Sub-registry offices have specific local government authority. A certificate should be submitted for registration at the Sub Registry Office within which jurisdiction the whole or significant portion of the property to which that document relates is located. Record invalid if no portion of the transferred property falls under Sub Registrar’s jurisdiction. [ Shefali Rani et al. vs Makhan Chandra Das et al., 50 DLR (1998) 349](ii) runs a business or profession licensed and operates a bank account.  

If the bulk of such property is not within the jurisdiction of one Sub Registry Office, the record may be submitted for registration at any Sub Registry Office within which part of the property is located.Section 28:

28. (1) Save as in this Part otherwise provided, every document mentioned in section 17, sub-section (1), clause (a), (b), (c), (d) and (e), section 17, sub-section (2), and section 18, in so far as such documents affects immoveable property shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or major portion of the property to which such document relates is situate.

Provided that where the major portion of such property is not situate within one sub-district the document shall be presented for registration in the office of the Sub-Registrar within whose sub-district any portion of such property is situate.

(2) Notwithstanding anything contained in sub-section (1),-

(a) after a document is registered, no party thereto shall be entitled to question the validity of its registration on the ground that the property which purported to give jurisdiction to the Sub-Registrar to register it either did not exist or was fictitious or insignificant or was not intended to be conveyed; and

(b) a document the registration of which is secured by the inclusion of a non-existent, fictitious or insignificant portion or item shall not in any manner affect the rights of a person who was not a party thereto and acquired rights in the property without notice of the transaction to which such document relates.

[Heba Will Gift| Document Registration in Bangladesh] 

Income Tax Submission in Bangladesh

Documents Executed Out of Bangladesh:  

If a document which is supposed to be executed from Bangladesh is not submitted for registration until after the expiry of the period, the registrar must be assured that the instrument has been executed and submitted for registration within 4 (four) months of its arrival in Bangladesh. The officer may then approve such document upon payment of the correct registration fee for registration.

 

Registration of Will in Bangladesh/Heba Will Gift| Document Registration in Bangladesh:

 

A will can be presented at any time for registration or deposited under the provisions of law.Heba Will Gift| Document Registration in Bangladesh

 

Documents executed by several persons:

 

If several individuals execute a document at different times, such document must be submitted within 4 (four) months from the date of each execution for registration and re-registration.

 

Delay in Presentation for Registration in Bangladesh:

 

If any document executed in Bangladesh is not submitted for registration until after the expiry of the period due to urgent necessity or unavoidable accident, the Registrar may, in cases where the delay in submission does not exceed 4 (four) months, order that such document may be admitted for registration upon payment of a fine not exceeding 10 (ten) times the amount of the correct registration fee. Any application for such direction may be sent to a Sub-Registrar who will forward it directly to the Registrar to whom he is subordinate. 

 

 

Prescribed format for Transfer of Deed and Power of Attorney in Bangladesh

Form 40 of Appendix I of the Registration Rules 2014 includes a specified type of deed. If the format is not used for any real estate transfer, the Sub Registrar may refuse to register the deed.

Power of Attorney Rules 2015 also includes other specified format for attorney power.

Khatian (Record of right) for land registration in Bangladesh

The State, with effect from 1 July 2005, amended the Registration Act 1908 and the Transfer of Property Act 1882 in 2004.

According to the amendment of both Acts–

  • The name of the seller shall be included in the latest Khatian if he / she is the owner of the property by way of other than inheritance; or the name of the seller or
  • his / her predecessor shall be included in the latest Khatian if he / she is the owner of the property by inheritance.

The sale deed must also include a brief description of

  • the property’s possession for the last 25 (twenty-five) years
  • of the property’s nature;
  • the price of the property;
  • a map of the property along with the axes and boundaries;

    Therefore, a person will be guilty of an offense punishable by imprisonment that may stretch to five years but may not be less than three months or fine or both if he disguises the information or intentionally gives false details of his earnings in regards to tax submission in Bangladesh .

Priority of Documents

Section 48 of the Transfer of Property Act 1882 states that if, at different times, an individual creates rights by transfer, the first ones should be given priority. Migration is this section means a complete migration, and does not include a pure transfer or an incomplete transfer by non-registered act where registration is necessary. 

 

One of the reasons for weak return filing is that VAT is obtained at sources in the case of firms with more than 70% (estimated) registered individuals, such as construction firm, procurement provider. The lack of a culture of voluntary tax compliance is another reason for the unsatisfactory rate of return submission. Due to the lack of successful compliance, the situation is further compounded.

Until now, there has been no significant VAT system automation in Bangladesh. Although most VAT commissioners have data processing units with the VAT Information Management System (VIMS) computer program in place, returns are not processed systematically.

 

“Counsels Law Partners is Considered as one of the leading firms in Property Law in Dhaka, Bangladesh”

Carpe Noctem Bangladesh

Document Registration in Counsels Law  Partners

Either you need help in assessing your registration process problems or you need other support to ensure that your legal rights are protected by registration processes, CLP’s barristers, advocates and attorneys are highly experienced in managing registration processes. In addition to addressing various issues related to this subject on a regular basis among domestic clients; it also has expertise in advising and assisting numerous international clients. Please contact us for queries or legal assistance in regards to Heba Will Gift| Document Registration in Bangladesh:

E-mail: [email protected]
Phone: +8801727983838
Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.

 

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Contract Agreement| Breach of Contract | A complete overview of Contract Law in Bangladesh

Contract Agreement| Breach of Contract | A complete overview of Contract Law in Bangladesh

Contract Agreement & Breach of Contract in Bangladesh| A complete overview of Contract Agreement in Bangladesh

Tahmidur Rahman, Senior Associate, Counsels Law Partners

12 Nov 2019

This post in details will explain Contract Agreement & Breach of Contract in Bangladesh and remedies and consquences with detailed definitions and infographics, i.e will provide a complete overview of Contract Law in Bangladesh and everything you need to know about contracts and breach of contracts.

 

 

Definition of Contract in regards to Law of Bangladesh 

 

A contract is generally an agreement made between two or more parties or persons. In order for a contract to have legal effect under the Contract Act 1872, the following factors must be present:

 

Contract Agreement & Breach of Contract in Bangladesh

Breach of Contract in Bangladesh

Before we deep dive into Contract Agreement & Breach of Contract in Bangladesh, let’s clarify our knowledge about the types of Breaches in Bangladeshi Law.

There are four main types of contract breaches:

  1. Minor Breach:

    A minor contract breach occurs when a party fails to perform a part of the contract, but does not infringe the entire contract. To be considered a minor breach, the infringement must be so non-essential that any remaining contractual obligations may otherwise be fulfilled by all parties involved. A minor infringement is sometimes referred to as an unbiased infringement.

  2. Material Breach:

    A material violation of a contract is such a significant infringement, it severely impairs the contract as a whole; in addition, the infringement must make the object of the agreement fully defeated. Often, this is considered a complete violation.

  3. Fundamental breach:

    A fundamental breach of contract is exactly the same as a material breach, in that the non-breaching party is entitled to terminate the contract and claim damages in the event of a breach. The distinction is that a substantive breach is deemed to be much more egregious than a material breach; and

  4. Anticipatory Breach:

    An anticipatory breach happens when one party makes it clear to the other party, either orally or in writing, that they will not be able to fulfill contract terms. Therefore, the other party may immediately claim a contract violation and seek a settlement, such as reimbursement. Anticipatory violation may also be called anticipatory repudiation.

If a party to a contract fails or refuses to meet his / her obligations under the contract (also contains an indication of reason for non-performance) is known as the breach of contract. (Contract Agreement & Breach of Contract in Bangladesh)

 

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Things the innocent party can do in breach of a contract in Bangladesh

Contract terms, contracting parties rights and obligations and the effects of breach or violation of contract can be found in the 1872 Contract Act. The innocent party can lodge a claim for:

  • Specific performance of contracts
  • Compensation
  • Revocation of contracts after breach of contract

Compensatory Damage:
Upon breach of a contract, the party suffering from such breach shall be entitled to receive compensation from the wrongdoer. The Court is likely to conduct 3-tier tests in awarding the compensation as stipulated below:

  • Has there been a breach of contract? The answer is Yes.
  • Has there been a failure or injury arising from that breach? Yes should be the resolution.
  • Is the damage too remote? Answer is No.

    Final Stage: Court grants damages determining the loss number.

Now the consequences of the breach of contract and remedies available in Bangladeshi contract law.

A. Cases in which specific performance enforceable according to the Contract Law of Bangladesh

Specific performance of any contract may be imposed at the Court’s discretion-

  1. Where the act agreed to be performed is in the service of a trust;
  2. Where there is no criterion for assessing the actual damage caused by the act agreed to be performed;
  3. Where the essence of the act agreed to be performed is such that monetary compensation for its failure to perform would not be sufficient
  4. When it is probable that monetary compensation cannot be obtained for the non-performance of the act agreed to be done.

    Since the order of particular performance is voluntary, the Court is not obligated to grant such relief merely because it is lawful to do so.

The following contracts cannot be specifically enforceable-

How ‘Counsels Law Partners’ help one of the contracting party in any agreement in Bangladesh

Team Tahmidur Rahman | Counsels Law Partners Law Firm in Dhaka, Bangladesh is very astutue and outcome driven law firm, that has a vast amount of experience in dealing with contractual infringements, effects and demands for money. For legal aid or questions in regards to Contract Agreement & Breach of Contract in Bangladesh, please contact us at:

E-mail: [email protected]
Phone: +8801727983838
Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.

 

Contracts which is not enforceable according to the Contract Law of Bangladesh:

 

  • A contract for the non-performance of which compensation in cash is an adequate relief;
  • A contract which encompasses such a minute or numerous details, or which is so dependent on the parties ‘ personal qualifications, or otherwise by its nature, that the Court can not endorse the specific performance of its material conditions;
  • A contact with the duration of which the Court can not find reasonableContract for Sale: If the seller and buyer agree to sell or buy the property at a later stage, the seller and buyer must enter into a contract for sale.
  • A agreement establishes a contractual responsibility between the buyer and the seller, and
  • A contract for sale does not change ownership of the property. A sales contract in the sub-registry should be registered.
  • A contract made by trustees either in excess of their powers of in breach of their trust;
  • A contract concluded by or on behalf of a corporation or public company founded for special purposes or by the promoters of such a company which exceeds its powers;
  • A contract whose performance involves the performance of a continuous duty stretching over a period of more than 3 years from its date; and
  • A contract in respect of which a substantial part of the subject matter is deemed to be performed by both parties

 

B. Monetary Compensation in Contract Agreement & Breach of Contract in Bangladesh

 

1. Monetary compensation for loss or damage incurred by infringement:

When a contract has been violated, the party arising from such violation is entitled to receive compensation from the party violating the contract for any loss or damage resulting from such infringement, which inevitably resulted from such infringement in the normal course of events.
This compensation shall not be provided for any loss or damage caused internally or indirectly because of the breach.

2. Compensation for violation of the contract: 
Where a penalty has been levied for infringement of the contract, where a sum is specified in the contract as the amount to be paid in the event of such infringement, or where the contract includes any other clause by way of penalty, the party complaining of the infringement is entitled to receive from the contract, whether or not the actual damage or loss has been found to have been incurred thereby. The innocent party may also demand the section interest on the amount listed above.

 

C. Contract withdrawal

 

  Any person interested in a contract in writing may sue for having it withdrawn, and such withdrawal may be permitted by the Court in the following cases–where the contract is invalid or terminable by the plaintiff; where the contract is unlawful for reasons not apparent to the plaintiff and the defendant is more to blame than the plaintiff; where there is a decree for a contract specific;

 

Contract Agreement & Breach of Contract in Bangladesh Services By Counsels Law Partners

 

At Counsels Law Partners, as the leading law firm in Dhaka, we also already supported our clients in securing the full compensation for a broken contract by means of out – of-court settlement or litigation. We will inform our clients with full clarity on the steps that need to be taken to minimize the damage caused by the breach and also enable them to obtain the best possible solution in the event of damage that has already been sustained in Contract Agreement & Breach of Contract in Bangladesh.

 

 

 

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