Article 13 Forms of ownership
Principles of ownership
Article 13 confirms that private ownership is constitutionally recognised. Investors can rely on it, together with the enforceable property right in Article 42, when assessing legal risk.
Under Article 13(a), the State may own key sectors through a nationalised public sector. Examples include state utilities and state-owned banks and corporations, run on behalf of the people. Parliament decides which sectors stay in public hands.
Article 13(b) recognises co-operative ownership, such as farmers' and fishers' co-operatives that pool resources for their members. Co-operatives are regulated by the Co-operative Societies Act and must stay within its limits. They give small producers bargaining power and shared assets.
Article 13(c) recognises private ownership by individuals within limits set by law. A family business, a factory or a foreign-owned company can own property, subject to laws such as land ceilings and sector rules. Private ownership is the main form in today's economy.
In plain English
How Article 13 works
Article 13 says the people shall own or control the means of production and distribution, and it recognises three forms of ownership. State ownership means a public sector run by the State on the people's behalf, covering key parts of the economy. Co-operative ownership means co-operatives owning property for their members, within limits set by law. Private ownership means individuals owning property, also within limits set by law. The article therefore expressly allows private business, while letting Parliament set limits. As a Part II principle, it guides policy but does not by itself give anyone a right to sue.
In practice
In 1972 many industries were nationalised under the state ownership limb of Article 13. From the late 1970s onwards governments privatised many enterprises and opened the economy, relying on the private ownership limb. Courts have not treated these shifts as unconstitutional, because Article 13 permits all three forms and is not directly enforceable. Enforceable protection of private property comes from Article 42, which allows acquisition only by law.
The text
What Article 13 says
13. The people shall own or control the instruments and means of production and distribution, and with this end in view ownership shall assume the following forms –
(a) state ownership, that is ownership by the State on behalf of the people through the creation of an efficient and dynamic nationalised public sector embracing the key sectors of the economy;
(b) co operative ownership, that is ownership by co operatives on behalf of their members within such limits as may be prescribed by law; and
(c) private ownership, that is ownership by individuals within such limits as may be prescribed by law.
English text as published on the official Laws of Bangladesh website. Where a court has changed the position, the status note above explains it.
Connected provisions
Related articles
Questions
Article 13: frequently asked questions
What is Article 13 of the Constitution of Bangladesh?
Article 13 says the people shall own or control the instruments and means of production and distribution, through three forms: state ownership, co-operative ownership and private ownership, the last two within limits prescribed by law.
Is private property protected by the Constitution of Bangladesh?
Yes. Article 13 recognises private ownership as a form of ownership, and Article 42 gives an enforceable right to acquire, hold and dispose of property, subject to restrictions imposed by law. Compulsory acquisition must be made under a law.
Sources
This guide explains the Constitution for general understanding. It is not legal advice. Constitutional reform proposals under discussion in 2026 are described as proposals until enacted.
Constitutional and writ practice
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