Sharecropping Agreement (Borgachash)

A sharecropping agreement (borga chukti) is the written contract between an agricultural land-owner and a bargadar (sharecropper) who cultivates that land in exchange for a share of the harvest. Unlike an ordinary lease, a borga arrangement in Bangladesh is not just what the parties write down — it is a heavily regulated tenancy under Chapter XIVA of the State Acquisition and Tenancy Act, 1950 (inserted by the Land Reforms Ordinance, 1984). The Ordinance fixes the crop-share formula (broadly one-third to the land-owner, one-third to the bargadar, and one-third split by reference to who supplied inputs), sets a minimum five-year term of cultivation, restricts termination, and gives the bargadar a statutory right of first refusal if the land is sold. A properly drafted written contract therefore does two things: it records the identities, plot details and input responsibilities so the crop-share can be calculated fairly at each harvest, and it puts the parties on notice that certain terms are fixed by statute and cannot be contracted around.

Stamp & registrationA borga agreement is executed on non-judicial stamp paper (Tk. 300 is customary) and is recorded in the local land office register maintained under the Land Reforms Ordinance, 1984. Registration under the Registration Act, 1908 is required if the tenancy term exceeds one year. Never draft a borga arrangement as an ordinary lease to try to escape the SATA 1950 bargadar-protection provisions — Bangladeshi courts look at substance over form, and a written label will not defeat the statute.

What this agreement typically contains

Land-owner and bargadar identity — name, father / husband, address, NID, phone
Precise plot description — mouza, JL no., khatian no., dag no., area, boundaries
Crop(s) to be cultivated and the cropping seasons covered
Input responsibility — who supplies seed, fertiliser, irrigation, labour, draft power
Crop-share formula consistent with the Land Reforms Ordinance, 1984
Term of cultivation (subject to the statutory five-year minimum)
Grounds and procedure for termination consistent with the Ordinance
Bargadar's statutory pre-emption right if the land is sold during the term
Handling of straw, by-products and any secondary crop
Dispute-resolution route (Upazila Land Office / village arbitration first)
Signatures of both parties, at least two witnesses, and record in the local land office

Create this agreement now

Frequently asked questions

Can the crop-share ratio be set freely by the parties?: No. Under the Land Reforms Ordinance, 1984 the crop share for a bargadar is fixed by statute — broadly one-third to the land-owner, one-third to the bargadar, and one-third apportioned according to who supplied the inputs (seed, fertiliser, irrigation). A written contract that gives the land-owner (say) two-thirds is not enforceable to that extent; the statutory formula overrides the contract. This is the single most important thing to understand before signing: the parties can record who supplies which input, but they cannot re-write the share ratio.
Can the land-owner evict a bargadar before the term ends?: Only on the limited statutory grounds. The Land Reforms Ordinance, 1984 fixes a minimum term of five years for a bargadar and permits termination only in specific situations — for example, if the bargadar fails to cultivate, uses the land for a purpose other than agriculture, or transfers the borga right without consent. A land-owner who wants possession back for personal cultivation must follow the procedure in the Ordinance, and even then the bargadar may have a right to compensation. Ordinary contract-termination clauses do not override these protections.
Does the bargadar have any right if the land is sold?: Yes — a statutory right of first refusal (pre-emption) under the Land Reforms Ordinance, 1984. Before the land-owner can sell the borga-cultivated land to a third party, the bargadar must be offered the chance to buy it at the same price and on the same terms. If the sale proceeds without offering it to the bargadar first, the bargadar can move to pre-empt the sale within the statutory period. This right cannot be waived by the borga contract.

Other contracts in this category

What this agreement typically contains

Land-owner and bargadar identity — name, father / husband, address, NID, phone

Precise plot description — mouza, JL no., khatian no., dag no., area, boundaries

Crop(s) to be cultivated and the cropping seasons covered

Input responsibility — who supplies seed, fertiliser, irrigation, labour, draft power

Crop-share formula consistent with the Land Reforms Ordinance, 1984

Term of cultivation (subject to the statutory five-year minimum)

Grounds and procedure for termination consistent with the Ordinance

Bargadar's statutory pre-emption right if the land is sold during the term

Handling of straw, by-products and any secondary crop

Dispute-resolution route (Upazila Land Office / village arbitration first)

Signatures of both parties, at least two witnesses, and record in the local land office

Frequently asked questions

Can the crop-share ratio be set freely by the parties?

No. Under the Land Reforms Ordinance, 1984 the crop share for a bargadar is fixed by statute — broadly one-third to the land-owner, one-third to the bargadar, and one-third apportioned according to who supplied the inputs (seed, fertiliser, irrigation). A written contract that gives the land-owner (say) two-thirds is not enforceable to that extent; the statutory formula overrides the contract. This is the single most important thing to understand before signing: the parties can record who supplies which input, but they cannot re-write the share ratio.

Can the land-owner evict a bargadar before the term ends?

Only on the limited statutory grounds. The Land Reforms Ordinance, 1984 fixes a minimum term of five years for a bargadar and permits termination only in specific situations — for example, if the bargadar fails to cultivate, uses the land for a purpose other than agriculture, or transfers the borga right without consent. A land-owner who wants possession back for personal cultivation must follow the procedure in the Ordinance, and even then the bargadar may have a right to compensation. Ordinary contract-termination clauses do not override these protections.

Does the bargadar have any right if the land is sold?

Yes — a statutory right of first refusal (pre-emption) under the Land Reforms Ordinance, 1984. Before the land-owner can sell the borga-cultivated land to a third party, the bargadar must be offered the chance to buy it at the same price and on the same terms. If the sale proceeds without offering it to the bargadar first, the bargadar can move to pre-empt the sale within the statutory period. This right cannot be waived by the borga contract.