Professional Documents
Culture Documents
Bangladesh
Submitted to Submitted by
S M Shahidul Islam Md. Hasanul Momin Shawon
Lecturer, Department Of Law Reg no: LLB2018000689
Exim Bank Agricultural Batch: 13th Department Of Law
University Bangladesh Exim Bank Agricultural
University Bangladesh
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INDEX
CONTENTS
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Abstract
Land is the main historical basis of Bangladesh. Bangladesh has been
attracted lots of races and nations from various continents at different
times because of its resourceful land and administered by them one by
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one. The land system (administration, revenue, ownership, survey etc.)
has also been changed with the change of such administration. This
study aims to analyze the chronological changes of land administrative
management systems in Bangladesh. All the historical records were
considered as the study materials and different dynastical periods since
1500 BC to present independent Bangladesh as the study area.
Relevant information has been sought extensively from different
historical books, thesis, journals, articles, reports and newspapers. After
analyzing historical records eight major administrative regimes were
found i.e. before the Aryans, the Aryans, the Hindu, the Muslim, the
East India Company, the British, the Pakistan and the Bangladesh. There
was no scarcity of land before the Aryans period but later it became
limited due to high population growth and required administrative
management. Land administration basically started at the time of
Aryans in terms of Hindu period and turned into a quite matured
condition during Muslim period. In addition, private ownership of land
was aroused in British Colonial period. Although the ownership,
revenue systems, power of transfer and rules on land had been
travelled a long journey since Aryans to independent Bangladesh. But,
for the first time the Bengalee nation had gained their administrative
power on their own land in 1971, after the independence.1
What Is Land?
Land, in the business sense, can refer to real estate or property, minus
buildings, and equipment, which is designated by fixed spatial
1
https://www.researchgate.net/publication/331987468_Historical_Evolution_of_Land_Administration_in_Banglade
sh
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boundaries. Land ownership might offer the titleholder the right to any
natural resources that exist within the boundaries of their land.
Traditional economics says that land is a factor of production, along
with capital and labor. The sale of land results in a capital gain or loss.
Under Internal Revenue Service (IRS) tax laws, land is not a depreciable
asset and qualifies as a fixed asset instead of a current asset.
In Terms of Production:
In Economics:
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when implementing land management policies [1]. As land
administration is strongly related with land management (the rationale
for land administration is to facilitate land management), in this paper
both land administration and land management issues are
addressed.The core functions of land administration system in
1) Land management,
Land Management
The Present Land Management in Bangladesh can be discussed
National level
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and monitoring of land administration. For the effective supervision of
field offices, and quick disposal of quasi-judicial cases, two new bodies,
the Land Appeal Board and the Land Reforms Board have been
established
The Land Reforms Board was set up at the national level under the Land
Reforms Board Act 1989 consisting of a chairman and two other
members. The board may perform such functions and discharge such
duties in respect of land reforms and land management as the
government may entrust to it. The board may also exercise such
powers and perform such duties as may be entrusted to it by or under
any law. The primary function of the board is to supervise the
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functioning of the field offices and the implementation of land reforms
measures. Moreover, Plans for matters relating to land management,
their implementation and supervision, and matters relating to boards
establishment, record room and library are some of the functions,
entrusted by the Ministry of Land to the Land Reforms Board
Land Survey
The land survey (jareef) process is referred to as land settlement and is
administered by the Directorate of Land Records and Surveys (DLRS).
Organizational hierarchy and functions of land survey administration in
Bangladesh is given below-
The director general, Land Records and Surveys, with the assistance of
a number of directors, deputy directors, assistant directors, settlement
officers, assistant settlement officers and a large number of trained and
technical staff, gets the maps and records prepared and revised under
the provisions of the State acquisition and tenancy act, 1950, and hands
them over to the collectors (deputy commissioners). The collectors
maintain them and keep them corrected by incorporating the changes
due to transfer, inheritance or otherwise . The DLRS is entrusted with
the responsibility of carrying out cadastral surveys and preparation of
record of rights (ROR).
ROR/Khatiyan consists of –
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i) A revised mauza map (Sheet) showing location, area and
characteristics and
ii) A khatian indicating ownership, area and character of land. The DLRS
undertakes periodic surveys to update records of land ownership and
use. Zonal settlement offices and Upazila settlement offices work under
this directorate. A survey team consisting of two Surveyors and one
Chainman conduct the survey operation. The steps of hearing
objections and appeal are done by Sub-Assistant Settlement Officer
(SASO) and Assistant Settlement Officer (ASO) respectively. It is noted
that DLRS does not correct position/possession and documents but only
does prepare new map and records accordingly.
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b) District Registrar’s Office
c) Sub-Registrar’s Office
3
http://www.lawjournals.org/download/101/3-1-39-601.pdf
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For efficient and appropriate land management system, maintenance of
updated land ROR is very important. To address the inefficiencies
involved, it is important to integrate all ownership information and
allow all related agencies to share the same up-to-date information. To
improve the land administration and management system, there are
various solutions as suggested by stakeholders. While some of the
solutions appear to be long-term by nature, some are short-term. It is
not possible to change the current administrative structure overnight to
solve all the problems considering various difficulties involved with it.
Rather, an IT solution can be sought to integrate the system and allow
easy and quick fix of problems.
marginal labor, time and money. Use of LIS for recording and
maintaining the original volume of land records could minimize the
chances of tampering of records. If any change in the ownership is
updated in real time through the computer-based system, agencies can
manage the ownership ledgers in a unified fashion and allow anyone to
check the current ownership information any time they want. Once an
accurate geodetic framework and cadastral system has been
developed, many analysis of land-tenure change could be performed
with the assurance of high degree of measurement accuracy. This will
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help arrive at compatible multiple land uses within selected parcel of
land. However, development of an integrated LIS is not an easy task
and it will require a fairly longer time, say 5-10 years. LIS is a bifurcation
of GIS, which is most often based on the ownership, management and
analysis of portion of the earth. LIS application combines both
traditional survey methods and Global Positioning System (GPS), a
sophisticated satellite system for acquiring the local information on
land (Demers, 1999). The Cadastral Survey (CS) and Mapping
methodology based on ground survey or aerial survey supplemented by
ground survey is to be adopted. Completion of these operations would
provide digital mauza maps. Using Satellite navigation systems or GPS,
surveyors collect field data using portable backpack or hand-held
devices. In this process, they use signals from GPS satellites to work out
the exact location on the earth’s surface. Most GPS receivers store
collected co-ordinates and associated attribute information in their
internal memory, so they can be downloaded directly into a GIS
database (Heywood, et. al. 2002). LIS could introduce a unified cadastre
that is a broader concept to incorporate information related to
positioning of land, land size and orientation, land ownership, land use
etc. This is a large scale, community oriented land information system
to serve both public and private organizations concerned to land
administration and management, land development and service
provision. Despite the huge installation and recurring cost of new
technologies, once the land record is completely computerized, various
space-specific parameters could be hooked-up to the land record
(Nahrin and Rahman, 2009). The same record could be utilized for
various purposes such as taxation, subdivision planning and other tasks
in urban, rural and regional level. For this purpose, demand responsive
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step-by-step approach within a timeframe would bring the effective
results for land administration and management through LIS.
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without visiting other offices. By establishing a countrywide network for
land records, people
can view information and get all khatian documents anytime and
anywhere from e-Service Centers. The system, if developed properly,
should have the provision of notifications of ownership change and tax-
related information in real time. While this integrated land
management system appears to provide a hassle-free service to some
extent, this cannot be done without having a well-developed LIS.
from Registrar’s office and yet another from the Settlement office, and
if there happens to be a difference, which is obvious, then how a judge
is to adjudicate the dispute? This multiplicity of documents or records
of rights is the central flaw in the system of land administration.
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f) Digitalization is considered inevitable to bring efficiency in land
sector. Currently digital system is used for inputting the khatian records
in the e-Service Center and DLRS, and printing the information.
However, the system only allows taking a print out of the khatian, but
cannot manage
changes. For preserving land records digitally, the current system may
be effective, however, for maintaining up-todate record keeping in an
integrated manner, a broader land information system (LIS) needs to be
developed. Without having an integrated digital record system with a
central server, lack of coordination and inefficiencies in managing and
maintaining land record keeping will prevail Besides, some officials and
employees suffer from enthusiasm and are reluctant to provide
digitalized services as they would reduce their scope to indulge in
corruption and anomalies.
survey records are available at AC Land and Tahsil Office, applicants are
required to submit duplicate or certified copies all records. Submission
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of these documents requires mutation applicant additional time, visits
and cost in going to different offices to collect them.
i) The National Land Revenue Board has not been doing the proper
mutation work in due time. As a result, dual ownership is often created.
Besides, the Board never
properly identified khas land, khas water bodies, khas ponds, enemy
property, abandoned property as well as unused land under different
government offices. Consequently, land grabbers have occupied these
lands. The existing land ceiling has not been properly enforced.
land. Allegations are rampant that receiving large amounts of bribe the
staffs of Land Record Directorate tamper with the documents in
different ways in order to create false ownership.
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and harassment of many legitimate owners have made the whole
process ofrestoration of vested properties defective and contradictory.
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experiences have shown that it took 15-20 years to finalize and print
survey records.
Recommended Solutions
There are various long-term and short-term solutions to makethe land
administration and management system effective and pro people as
followa) An IT-based solution could be optimal to handle uncoordinated
and disaggregated executive process of land administration. Land
administration and management, land use control, provision of utility
services and other services
4
Corruption and Land Administration, Paul van der Molen
and Arbind Man Tuladhar, International Federation of
Surveyors, Article of the Month, 2007, pp. 1-17.
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can be pursued by computerized land information system (LIS). This
system would serve unified services related to land management by
marginal labor, time and money. Use of LIS for recording and
maintaining the original volume of land records could minimize the
chances of tampering
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d) A single parcel basis system of land registration must be established
which needs modification of existing laws and introduction of new
legislation. It is necessary to create an
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g) Intensive and continuous monitoring system should be developed to
ensure transparency and efficiency of the land officials.
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n) Specific recommendations for the effective land sector may be
summed up as follows-
Conclusion
Most of the Bangladeshis are predominantly dependent on land for
their daily living. Proper management of land can protect the interests
of the bona fide cultivators and make their lives happier and healthier.
To this end in view, the importance of reshuffling and introducing
reform in the land management and land administration by making
amendment to this existing laws or enacting laws where necessary
cannot be exaggerated.The following suggestions can be tried to fix the
weakness remaining in the existing land laws and land administration:
5
Corruption and Land Administration, Paul van der Molen
and Arbind Man Tuladhar, International Federation of
Surveyors, Article of the Month, 2007, pp. 1-17.
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1. The satellite survey can be introduced in the place of ancient, time
consuming and nasty corruption leading cadastral survey.^'*®
6. Like the taxation cadre, the A C (Land) cadre in the Bangladesh Civil
Service can be confined to land issues freeing the Assistant
Commissioners fromperformingother duties. They can be equipped
with proper training and logistics so that they can handle the land
administraticm efficiently.
6
Ibid. pp 254-255.
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8. The Land Reform Ordinance 1984 can be amended inserting
provisions alike the 'operation barga' in West Bengal for making
khatiyan in the name of the bargadar so as to protect the interests of
the bargadar
9. Legislation can be enacted for ensuring proper plan and use of land
so that agricultural land cannot be used for non-agricultural purposes
or vice versa.
10. Laws can be amended squeezing the scope of exercising the right of
pre-emption e.g. the owner of the contiguous land can be removed
from the list of persons capable of exercising the right of pre-emption
or the provision for time limit for exercising the right of pre-emption
can be specifically mentioned so that time lirrvit starts from the datt: of
transfer, not frorn the date of registration.7
7
Ibid. pp 269-270.
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