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Group 1

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Saleh
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Group1

Land Administration in Asserting Land Rights: Realities


and Challenges

Abstract: Land administration indeed refers the system, operation and management of land in
Bangladesh. Land administration resolves all the disputes and problems related to the land. The
text tried to highlight the different aspects of land administration in Bangladesh including the
history of land administration, hierarchy of land administration, rights of land of the citizens,
problems and challenges in the administration of land. Additionally, it includes some landmarks
judgement of cases, some proposal which may develop in the management of land
administration.

Key points: Land, administration, rights, realities, challenges and proposal.

Introduction: A timely and digital land administration can change the overall land
management picture of Bangladesh. One of the ways in which a country's progress depends is
on how effective and cooperative its administrative sector is. Bangladesh is a country with an
area of 144870 square miles and a population of about 20 million which is the 8th most densely
populated country in the world. About 1,000 people live here in every one kilometer. A graph of
agricultural and non-agricultural land here is described below-
1

Land Administration in Bangladesh: In Bangladesh there is a developing system of


land management is present although thousands of allegations are against this administration.
The land administration is continuously developing itself to provide G to C service more
sufficiently. For instance, Under the guidance of the Land Ministry, e-Namjari was launched in
54 Upazila Land Offices on March 19, 2017 under the joint management of Land Reform Board
and A2I project. Earlier, on November 2, 2016, an MoU was signed between the Land Reforms
Board and A2I (Access to Information) of the Prime Minister's Office to expand the e-Namzari
software program. At present, e-enumeration system has been launched in land office in 488
upazila circles and 788 people of official-employee level have been trained as TOT (Teacher of
Training) and 5 thousand 666 people have been trained as users of e-mutation system. Besides, a
statistic of the Land Reforms Board shows that in May 2019, 44 thousand 566 e-Namjaris were
settled in 56 districts, 33 thousand 574 in 56 districts in June, and 77 thousand 948 in July in 61
districts (in terms of stakeholder applications). In this way, the number of beneficiaries of e-
enrolment is gradually increasing2.

The and administration of Bangladesh can be divided into 2 major parts and these are-

1
Hasan et al(2013)
2
Kiran HAC, ‘Modernization of Land Management Reduces Public Suffering’ [2023] Daily Jugantor.
1. Local and divisional administration; and
2. Central administration.

Local and divisional administration: The most important stage of land


administration is local administration. Local administration provides the closest service to
the citizens. And this is why there are more complaints against the local land administration.
There are basically 4 main organs of local land administration. Citizens receive services in
these 4 offices sequentially. The hierarchy of local administration can be stated in the
following manner-

1. Tahsil or Union Land Office


2. Upazila Land Office(AC Land’s Office)
3. Deputy Commissioners/Collectors Office(DC Office)
4. Divisional Commissioners Office

Tahsil or Union Land Office: The most important office of local land administration is the
Tehsil/Union Land Office. This office provides all land related services to the citizens at the
Union level. Performs the functions of issuance of certificates, execution of surveys, verification
of mutation applications, collection of land development tax. This office consists of one
Tahsilder, Assistant Tahsilder, Nazir, surveyer etc3.

Upazila Land Office(AC Land’s Office): The Upazila Land Service Provider Office is the
Upazila Land Office which is headed by a Class I Government Officer. The Upazila Land
Office looks after the Union Land Office under it including all the functions prescribed by law.
AC Land Office consists of a AC Land, Kanungo, Surveyor, Nazir, Chainmen, Mutation Clerk
etc. An AC Land works under the Guidance of Upazila Nirbahi OfficerUNO). He performs to
maintain the land recors of rights(ROR), deals with the cases of mutation, alluvion, dilluvion and
disposal of rent certificates cases are under the authority of him. AC Land Office is also guides
the Tahsil Office4.

Deputy Commissioners/Collectors Office(DC Office): In field level DC office is the highest


office of land administration in Bangladesh. DC Office consists of a Deputy Commissioners
(DC), Additional Deputy Commissioners General (ADC), and ADC Revenue in mainly. There
3
‘LAND POLICY and ADMINISTRATION in BANGLADESH: A LITERATURE REVIEW ’ (June 2003)
4
The Tenancy Rules, 1955 Rule 23.
are one RDC, one Land Acquisition Officer, Assistant Commissioners for Record Room and
Assistant Commissioners for Revenue Munshikhana work under the guidance of DC. The DC
Office perform various land relating issues. These are, controlling of all and office subordinated
by him, dealing the cases of LD Taxes for remission , updating of ROR, inspection and
management of AC Land & Tahsil Office, Maintenance and management of Sairat Mahal, waqf ,
debuttor, alienated properties etc and many more. DC is also hears any complain related to the
land.

Divisional Commissioners Office: Divisional Commissioners Office is the highest office in the
field level of land administration. All the offices of field level are under the authority of this
office. There is a Divisional Commissioner and one Additional Divisional Commissioners works
in this office. The DC is hears the appeal against the decisions of Deputy Commissioners.

The Central Land Administration: The central land administration can be presented in
the presence of following offices-

Land Reform Board : The Land Reforms Board, was set up at the national level under the Land
Reforms Board Act 1989 (Act XXIII of 1989).The board is based on the assigned by the
National Land Reforms Council. The board consists of a chairman and two other members. The
posts of the land reforms commissioner and the deputy land reforms commissioners in the
Ministry of Land were abolished and the post of a deputy land reforms commissioner was
created for each division for supervision of the land reform measures under the Land Reforms
Board. Under Section 5 of the Land Reforms Board Act 1989, 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 Land Reform Board,also in the Ministry of Land,has a number
of functions that it discharges through Upazilla land offices and Union Tehsil offices.It
administers khas (public) land,and manages abandoned and vested property.

Land Survey Tribunal : The Land Survey Tribunal in Bangladesh is an administrative body with
the power to resolve land survey disputes and ensure accuracy in land records. The Land Survey
Tribunal has been stablished to correct only the last revised record of right. Section 145A-145I
of the State Acquisition and Tenancy Act 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 the rights in the summary
proceeding.
Land Appeal Board: Hearing appeals filed over land management in Bangladesh, is the main
purpose of Land Appeal Board, is the highest revenue court in the land. It also advice the
government on land administration and management issues.The Land Appeal Board Act of 1989
states that the government must establish the board as soon as possible after the act comes into
force .According this act the Land Appeal Board consists of one chairman and up to two other
members.It is responsible for evaluation decisions made by land courts,upazila chairman, and
upazila members. Its judgments concerning land and Llaw are final and can not be appealed.

Ministry of Land: The Ministry of Land is a government ministry in Bangladesh that


propulsion of activities to organized land and ensure the planned use of land.The main activities
of the ministry are to update records of government owned khas lands,Sairat Mahal (water
bodies,sand bodies,shrimp cultivated land etc), distribution and management of vested and
abandoned lands,undertaing land surveys and establishing the ownership of land.

Rights of lands and ownership


Land rights have received some attention as an issue concerning property rights and have been
considered a specifically important right for indigenous peoples and women, but a right to land is
absent from all international human rights instruments5

Challenges in the land administration:

Problems in the management of land:

Proposal for resolve the problems relating to the land:

Conclusion:

5
https://sur.conectas.org/en/land-rights-human-rights/

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