British era law still valid for BR in Nilphamari?
Tk 4.5 cr land revenue unpaid since 1972 citing Railway Act 1890
EAM Asaduzzaman, Nilphamari
Taking advantage of a British era law, Bangladesh Railway (BR) authorities in Nilphamari are evading payment of about Tk 4.5 crore land taxes to the land department. The tax is payable for use of vast lands by BR in different areas of the district for its installations and facilities. Sources in the district land department claimed that BR did not pay any land revenue since 1972 though it uses 905.08 acres of government land. They said over Tk 3.82 crore is due for use of 727.51 acres in Saidpur upazila and about Tk 65 lakh against 237.57 acres in Domar upazila. Lands are also being used by the railway department in Nilphamari Sadar upazila, they said. There are rail tracks, stations, hospitals, staff quarters, markets, workshops and other establishments on these lands, they said. Several letters were sent to BR from the office of Nilphamari Additional Deputy Commissioner (revenue) in 2004-2005 financial year for payment of the arrear land taxes. Even, the Deputy Commissioner sent letters to the Estate Department of BR. In reply, the Chief Estate Officer of Railway's Rajshahi Division said that according to Section 135/1 of Railway Act 1890 (Act 9 of 1890), the railway department is exempted from paying all kinds of taxes imposed by any other authorities. Revenue officials said this law was enacted at that time by British rulers to deprive local landlords, Rajas and Maharajas of their due taxes and other benefits. After 1947 and 1972, different departments amended British laws to cope with the changed situation. But Section 135/1 of the Railway Act 1890 has not been annulled, official sources said. Additional Deputy Commissioner (Revenue) Md Gaus told this correspondent that the government promulgated the Land Development Revenue Ordinance 1976. The ordinance does not exempt BR from paying land revenue. In that case they must pay, he said. But a high official at the Estate Department in Saidpur Railway Division said the 1997 ordinance did not declare the Railway Act 1890 null and void. So, Section 135/1 of the Railway Act 1890 (Act 9 of 1890) is still valid, which exempts BR from paying land revenue, he claimed. ADC Md Gaus said as both the land and the railway departments are under the government authorities, an inter-ministerial meeting can remove the legal complexity.
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